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

Blake Blossom, Derek Kage Cap AEBN's Top Stars for 4th Quarter of 2025

AEBN has revealed its most popular performers in straight and gay theaters for the fourth quarter of 2025.

Adult Time Renews Silver Sponsorship for Pineapple Support

Adult Time has renewed its sponsorship of Pineapple Support at the Silver level.

Pornhub to Block UK Users Without Accounts Starting Feb. 2

Pornhub parent company Aylo will block access to its free video-sharing platforms in the United Kingdom starting Feb. 2 unless users have already set up accounts prior to that date, the company announced Tuesday.

Aylo Wins Another Major Piracy Lawsuit

For the second time in recent weeks, Pornhub parent company Aylo has prevailed in a copyright infringement case against sites pirating its content.

FSC Supports OpenAge Initiative and Adoption of AgeKey for Cross-Site Age Assurance

The Free Speech Coalition (FSC) announced today that it will support the OpenAge Initiative and its AgeKey cryptographic age assurance solution.

SWR Data Publishes 2026 'Hot List' Report

Adult industry market research outfit SWR Data has published its 2026 Hot List report on the top creator platforms of 2025.

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulX AI to Roll Out New Video Generator

AI companion platform SinfulX AI is launching an upgraded video generator in February.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

Show More