Breaking the blog-break, here we go.

The decision in the Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2005] FCA 1242 case (Kazaa) has been handed down (Kazaa plan to appeal).

Weatherall’s blog has some excellent commentary about the case and the likely ramifications of it. I think the case also has some implications for libraries, particularly those with circulating audio collections - Kim Weatherall notes that one of the facts that determined infringement was that Kazaa provided ineffective warnings in their software. Libraries are obligated to provide copyright notices on all devices that have the ability to make copies of a work. In practice, libraries have notices on photocopiers, on computer backgrounds, printers, and pop-up notices that appear when accessing copyright materials (or materials provided under license). Despite all this, there really isn’t much to stop a music company for claiming that libraries haven’t done enough, I can see a future in which every single item in a library has to be tagged with a notice.

There is no doubt that libraries do all they can to prevent infringement by their patrons. Kazaa clearly did the opposite, not only wilfully ignoring the sharing of copyright material but encouraging it. Yet this decision does set the stage somewhat about the copyright landscape in Australia.

Another interesting note: I didn’t realise until now that Kazaa owns Skype. I never used Kazaa because I knew of it only as spyware-ridden junk. Makes me reconsider whether I want to have Skype installed.

Update: eBay has purchased Skype.