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FEDERAL COURT OF AUSTRALIA
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd
2005[] FCA 1242
FEDERAL COURT OF AUSTRALIA
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd
2005[] FCA 1242
ORS& ORS v SHARMAN LICENSE HOLDINGS LTD &UNIVERSAL MUSIC AUSTRALIA PTY LTD
NSD 110 OF 2004
WILCOX J
SYDNEY
5 SEPTEMBER 2005
SUMMARY
In accordance with the practice of the Federal Court in certain cases of public interest, the Court has prepared a summary to accompany the judgment that is to be delivered today. However, it must be emphasised that the summary forms no part of the judgment. The only authoritative statement of the Court's reasons is the judgment itself.
This summary is intended to assist in understanding the principal conclusions reached by the Court, but it is necessarily incomplete. The published reasons for judgment and this summary will be available on the internet www.fedcourt.gov.au.
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd
2005[] FCA 1242
I am about to deliver judgment in a case that has attracted widespread interest. Extensive evidence was presented at the trial. Much of it was of a technical nature. The facts of the case and the relevant law are both complex. My reasons for judgment are, therefore, necessarily lengthy. Because of those factors, I have prepared this statement in which I will attempt briefly to explain the nature of the case and my major conclusions. This statement is not intended comprehensively to set out my findings of fact, conclusions about the law or reasons for making the orders I will shortly announce. Those interested in obtaining full information about those matters should refer to the Court's website (www.fedcourt.gov.au), upon which my full Reasons for Decision will shortly be published.
The case concerns the operation of the Kazaa Internet peer-to-peer file-sharing system. This system operates world wide. Since early 2002, it has been controlled by Sharman Networks Ltd, one of the present respondents, out of premises in Sydney. Four of the other respondents are directly associated with Sharman Networks.
The Kazaa system is available to users free of charge. It enables one user to share with other users any material the first user wishes to share, whether or not that material is subject to copyright, simply by placing that material in a file called 'My Shared Folder'. A user who is interested in obtaining a copy of a particular work, such as a musical item, can instantaneously search the 'My Shared Folder' files of other users, worldwide. If the file is located, the title will be displayed against a blue icon on the first user's computer as a 'blue file'. The work can then be downloaded onto the first user's computer. The technology used to carry out those operations is called FastTrack.
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