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

Meta Restores Playboy Germany Facebook Page After Court Order

The Facebook page of Playboy Germany, the German-language edition of the magazine, is now back online after a two-month suspension by Meta, following an order by the Düsseldorf Regional Court.

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Show More