Dutch Approve File-Sharing

NETHERLANDS – In the second major victory for the file-sharing community in a week, a Dutch supreme court has ruled that the maker of one of the most popular peer-to-peer (P2P) software products will not be held liable for content traded over its network.

The supreme court upheld a March 2002 ruling in which an appeals court ruled in favor of Fasttrack, the Amsterdam-based firm that developed Kazaa, Reuters reported. Australia-based Sharman Networks later acquired Kazaa.

The Dutch court is the highest European body to rule on the issue of P2P liability and rejected the argument that Kazaa facilitated copyright infringement and that future versions of its software should include a block on copyrighted content.

The entertainment industry took the ruling as a blow to its effort to crack down on the illegal trading of copyrighted material in Europe over P2P networks, a legal argument they are also trying to win against Kazaa in the United States.

The International Federation of the Phonographic Industry (IFPI), which is the trade group representing Warner Music, Sony Music, BMG, EMI and Universal Music, has stated that it will continue legal action against P2Ps regardless of the judge's ruling, Reuters reported.

The ruling comes on the heels of a U.S. Court of Appeals ruling last week that outlawed the Recording Industry Association of America from issuing certain types of copyright subpoenas to Internet Service Providers as a way of obtaining personal identification information on specific users.

The Dutch ruling also compounds the fact that Kazaa has been named one the most popular P2P networks in Europe and is considered an undisputed leader among other file-sharing companies by Nilsen/NetRatings.

"Today's ruling on Kazaa by the Dutch Supreme Court is a flawed judgment, but still leaves no doubt that the vast majority of people who are using file-swapping services like Kazaa are acting illegally -- whatever country they are in," IFPI told Reuters.

Kazaa's popularity in Europe has a great deal to do with a stronger density of broadband users in countries like Germany, Spain, the United Kingdom, and France, and a nearly absent fear of getting caught and sued for trading copyrighted content over the Internet, which has been a mounting concern for U.S.-based file-sharers.

Jupiter Research stated that based on information from many of Europe's broadband providers, 75 percent of their combined subscribers used file-sharing networks, and more than 50 percent of their traffic generated from file-sharing.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Show More