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Wednesday, December 01, 2004

Key witness in Kazaa case says users can be traced
Bernard Hibbitts at 1:35 PM ET

[JURIST] Computer forensics investigator Nigel Carson said Wednesday during a trial in Australian federal court that it is possible to find the computers and users in the Kazaa file-sharing network. Carson is the first witness to testify for the music companies in their civil case against Sharman Networks, the makers of the Kazaa software. The ability to locate individual users is of great legal significance in determining whether companies like Sharman Networks can be held secondarily liable for copyright infringement. In August, the Ninth Circuit ruled [PDF] that file-sharing networks StreamCast and Grokster could not be held liable for copyright infringement due largely to the court's finding that the software companies could not keep track of what individual users were actually doing on their network. Sharman Networks was also named as a defendant in the US case. News.com has more.






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