| Home > Law > The Kazaa litigation: what was it like, what issues did it raise and how does it bode for the future? |
| The Kazaa litigation: what was it like, what issues did it raise and how does it bode for the future? | | Date Created: Nov 23, 2005, 05:34 PM |
 Partner in prestigious Sydney technology law firm, Gilbert + Tobin, Michael Williams, was a key player in the infamous Kazaa case, recently fought in the Federal Court of Australia. In this interview, Michael describes what it was like to appear (as a solicitor) in the witness box and the high drama of the Anton Piller orders (which enabled Michael's client and its 65-strong team to capture computers from 13 locations, simultaneously, all over Australia). The case started 5 February, 2004 - with the raids starting the next day at universities, ISPs and the homes and offices of those who were identified as operating the Kazaa system.
Mr Williams describes the fundamental issues of the case and explores the degree to which the Internet remains a strangely lawless zone. He talks about his early work in 2002 for the American movie studios and recording companies in the Grokster case. Then in 2003, when aspects of Kazaa moved to Australia, he began the investigation that led to the Kazaa case we know today. Michael Williams analyses what the Kazaa system comprised and how the law has adapted to address its challenges. He talks about the extent to which anyone on the Internet today is visible to the copyright authorities when they carry out acts of piracy. And he reviews the sentences that have been given to pirates so far, right through to jail.
Williams goes on to tackle the latest issues raised by the Sony BMG "root kit", an ill-fated attempt to achieve content copy protection via software that ushers in vulnerability to attack. He also describes how the various file sharing technologies - such as LimeWire, BitTorrent and Kazaa - fit together, following the thread of their relevance to copyright.
Note that Kim Weatherall will comment further on these matters at the Melbourne Essoign Club, Owen Dixon Chambers, this Thursday evening.
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