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KaZaA next in line for media companies' legal wrath

Go-ahead given for lawsuit...

By Declan McCullagh

Published: 13 January 2003 11:05 GMT

A US federal judge has ruled that record companies and movie studios can proceed with a lawsuit against the parent company of KaZaA, which has become the most popular online file-swapping service in the post-Napster age.

US District Judge Stephen Wilson said a lawsuit against Sharman Networks could proceed, since KaZaA software had been downloaded and used by millions - in direct breach of copyright protection.

Sharman Networks is headquartered in Australia and incorporated in the Pacific island nation of Vanuatu. The company had filed a motion to dismiss the lawsuit, arguing it was not bound by US laws since it did not have substantial contacts with California - where the lawsuit originated.

Judge Wilson wrote: "Given that Sharman's software has been downloaded more than 143 million times, it would be mere cavil to deny that Sharman engages in a significant amount of contact with California residents." Also, he said: "Many, if not most, music and video copyrights are owned by California-based companies."

The Motion Picture Association of America and the Recording Industry Association of America applauded the decision in a joint statement.

It said: "We are pleased that the court denied the efforts of Sharman Networks...to avoid being subject to the suit. Sharman Networks...should be held accountable by US laws, which clearly indicate that what they are doing is illegal, and that they should not profit from it," the trade associations said.

Declan McCullagh writes for News.com

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