AUSTRALIA
Federal Court of Australia

Copyright—Secondary Infringement—Peer-to-peer System—Injunctive Relief

On 5 September 2005 the Federal Court of Australia rendered a decision concerning the Kazaa Internet peer-to-peer file sharing system. Available worldwide free of charge, Kazaa enabled users to share any material, mostly copyright-protected musical works. Kazaa was being sued by companies from the music industry for copyright infringement, for failing to take action against its users, whom it knew were infringing. Kazaa was found to infringe, and a provisional order was made to restrain future infringements, yet without unnecessarily intruding on freedom of speech and communication. The continuation of the Kazaa system will not be regarded as a contravention of the order if the system is modified, in a manner agreed by the applicants or approved by the Court.

Decision of the Federal Court of Australia, Wilcox J.  – Sydney,  5 September 2005   (Excerpts taken from the summary of the decision by the Federal Court of Australia)

Universal Music Australia Pty Ltd v. Sharman License Holdings Ltd.
[2005] FCA 1242