http://www.lawfont.com/2005/09/05/justice-wilcox-is-a-brave-judge-some-initial-comments-on-the-kazaa-judgment/ an analysis of law, technology, economics, and policy Wed, 24 Feb 2010 22:51:01 -0800 http://wordpress.org/?v=2.8.4 hourly 1 http://www.lawfont.com/2005/09/05/justice-wilcox-is-a-brave-judge-some-initial-comments-on-the-kazaa-judgment/comment-page-1/#comment-18 LawFont » Were you wondering what was happening in the Kazaa case? Mon, 17 Oct 2005 09:00:07 +0000 http://www.lawfont.com/?p=46#comment-18 [...] You might recall that on 5 September of this year, Justice Wilcox handed down judgment in Universal Music Australia Pty Ltd v Sharman License Holdings Ltd, colloquially known as the Kazaa case. It’s all about whether Sharman and others authorised infringement of copyright occurring over the Kazaa network. Wilcox J held that they did. I commented on the case at the time. [...] [...] You might recall that on 5 September of this year, Justice Wilcox handed down judgment in Universal Music Australia Pty Ltd v Sharman License Holdings Ltd, colloquially known as the Kazaa case. It’s all about whether Sharman and others authorised infringement of copyright occurring over the Kazaa network. Wilcox J held that they did. I commented on the case at the time. [...]

]]> http://www.lawfont.com/2005/09/05/justice-wilcox-is-a-brave-judge-some-initial-comments-on-the-kazaa-judgment/comment-page-1/#comment-11 LawFont » More Kazaa Commentary Sat, 08 Oct 2005 09:57:07 +0000 http://www.lawfont.com/?p=46#comment-11 [...] David differs from my comments on the Wilcox J orders, saying: ‘on reflection, I think this is Wilcox J’s attempt to provide certainty to the parties. Paragraph 4 of his proposed orders is the usual and expected injunction, par 5 provides that certain conduct (based on Wilcox J’s findings) will not be taken to infringe that injunction. I think it is Wilcox J’s attempt to avoid ongoing supervision, by setting out a practical way that the Kazaa network can continue to operate without being liable for contempt of court. [...] [...] David differs from my comments on the Wilcox J orders, saying: ‘on reflection, I think this is Wilcox J’s attempt to provide certainty to the parties. Paragraph 4 of his proposed orders is the usual and expected injunction, par 5 provides that certain conduct (based on Wilcox J’s findings) will not be taken to infringe that injunction. I think it is Wilcox J’s attempt to avoid ongoing supervision, by setting out a practical way that the Kazaa network can continue to operate without being liable for contempt of court. [...]

]]> http://www.lawfont.com/2005/09/05/justice-wilcox-is-a-brave-judge-some-initial-comments-on-the-kazaa-judgment/comment-page-1/#comment-9 LawFont » Commentary on Kazaa Sat, 08 Oct 2005 09:35:36 +0000 http://www.lawfont.com/?p=46#comment-9 [...] I’ve already put up fairly extensive (albeit initial) comments on Kazaa below. I’m not, of course, the only one to comment on the case: here are some more links: [...] [...] I’ve already put up fairly extensive (albeit initial) comments on Kazaa below. I’m not, of course, the only one to comment on the case: here are some more links: [...]

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