KaZaA Ruled Legal in the Netherlands

Dec 23, 2003

The Supreme Court of the Netherlands has decided that KaZaA is legal as publicly available filesharing software. This marks the first decision by a Supreme or national court on the legality of P2P software. The case was brought before the court as a counter-suit filed by music rights society Buma/Stemra and the decision confirms a March 2002 ruling of the Amsterdam Court of Appeal. The Court of Appeal determined that the offering of KaZaA does not result in direct copyright infringement nor is otherwise unlawful towards the plaintiff Buma/Stemra. The Supreme Court did not rule on the issue of whether individual file-sharers violate the copyrights of the music industry. In February 2002, the founders of KaZaA sold the software to the Australian-based Sharman Networks.