The Little Guy in the Kazaa Case Settled Too Technorati icon

November 2, 2006 | Filed under: Random Thoughts

It’s a little known fact that when 30 record companies launched their legal campaign against Kazaa, they also sued some employees of the company. I was one of those people.

Last Friday I signed a settlement agreement with the record companies. It ends a rather yucky couple of years which began on a very hot day in February 2004 when a posse of lawyers and forensic technicians raided my home.

The claim was that I induced Sharman Networks to induce its users to infringe copyright. Earlier this year the claim was rejected by the Federal Court here in Australia and I ‘won’. The Applicants quickly filed an appeal against the ruling. I was quite confident of winning again but let me tell you – it isn’t fun to be sued and the prospect of another year or more in the black hole of the legal system was something I was keen to avoid.

So I settled. The ruling of the Federal Court in my favour stands but I have agreed to make an undertaking to the Court as follows:

Philip Morle, by himself, his servants and agents, in the course of his employment by, or pursuant to his engagement as a consultant or contractor to, any of the Kazaa Parties or any entity or any person involved in the operation, maintenance or supply of the Kazaa System and Software, not to solicit, authorize or induce users of the Kazaa System and Software to reproduce or communicate to the public (whether by making available online or electronically transmitting) any of the Copyrighted works without the license of the relevant copyright owner.

So it’s over. A full copy of the court order can be found here.

The other bit of news is that I resigned from Sharman Networks. Phil 1.0 was Artistic Director of KAOS Theatre and Phil 2.0 was Director of Technology for Kazaa. Next Up: Phil 3.0. Still in beta. 

I am sad to leave one of the most committed, talented development teams and idea factories on the planet but I am very excited about the future.

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