Kazaa Appeal Likely In 2006

daria42 writes "Although the company behind Kazaa has already vowed to launch an appeal of yesterday's decision that it had breached music industry copyright, it now appears likely any such appeal will have to wait until early 2006. The music industry seems to think it'll be able to get billions of dollars in damages out of the company, Sharman Networks, although the amount has yet to be decided - and who knows if they can pay." From the article: "Sharman Networks is expected to lodge its request for leave to appeal before the deadline of three weeks from yesterday's decision expires. Sharman's lawyer, Mary Still, reiterated through a spokesperson today the company's position last night that it would 'appeal those parts of the decision where we were not successful' remained unchanged."

Comments

I'm no lawyer but...

[SillySnake]

But if they are going to be sued by every music company on the planet, can't they just declare bankruptcy and dodge the whole thing? I've known of companies here in the USA that do it, though on a much smaller level.

How will this turn out?

[laughingcoyote]

I'm not personally familiar with Australian law, I hope someone who is will be able to give us a bit of insight. But until then, I really can't understand how the judge made this ruling. Kazaa is a data transfer protocol-a crappy one, granted, but that's all it is. Their software simply -allows- users to transfer files via that protocol. Are the makers of FTP clients now liable if an FTP user downloads copyrighted material?

Re:Exactly, and what's the point of Appeal?

[laughingcoyote]

...but what exactly is the point of the "appeal" process. ... Does anyone know the legal/moral/constitutional requirement for the right to apeal? Why is the appeal Judge / Jury's virdict considered any more or less valid than the original?

The last I checked, judges and juries are comprised by human beings, known to make the occasional error, and are vested with a huge degree of power and authority. The best defense we've found so far against human error is review by many. Even newspaper articles are reviewed by an editor before publication. Should we not apply the same mechanism to judicial verdicts, that often possess the power to bankrupt or imprison someone?