Kazaa CTO Denies Ability to Block Child Porn

SYDNEY – Litigation between the United States music industry and Sharman Networks – owner of file-sharing network Kazaa – took a significant turn in Australian Federal Court this week after the company's chief technology officer denied Kazaa's ability to block the peer-to-peer distribution of child pornography.

Facing copyright infringement charges filed by the Australian unit of the Recording Industry Association of America, Philip Morle, Sharman's CTO, told the court that his company was unable to block child porn from being traded over the Kazaa network, and therefore could not possibly control the trading of pirated movie and music files.

Morle's testimony is part of a trial that began in late November and involves a substantial list of plaintiffs, including members of the RIAA, Festival Mushroom and 25 additional companies and individuals.

Sharman Networks is named in the suit along with associated parties Brilliant Digital Entertainment, Altnet and Sharman's CEO Nikki Hemming as defendants.

Morle's admittance comes in response to allegations that Kazaa represents the "world's largest music piracy network" that enables the distribution of child pornography and other illegally traded materials.

Sharman Networks has been under fire for the past two years because of its alleged involvement in providing a popular and widely used distribution outlet for pirated materials, in addition to its involvement in the file-trading of child porn.

Response to Morle's admittance was less than sympathetic. Attorney's representing members of the RIAA had hoped to use Kazaa's policy on child pornography to prove that the file-sharing network can ultimately control certain content that is exchanged over its network.

"If at any time Kazaa finds that you are using Kazaa to collect or distribute child pornography or other obscene material, Sharman reserves the right to permanently bar you and your computers from accessing Kazaa and other Kazaa services," Sharman policy states.

However, Morle claimed that the actual policy had never been enforced and had only been discussed in person and on paper with Sharman's CEO Nikki Hemming.

In November 2003, U.S. Sen. Lindsay Graham sent a letter calling on P2Ps to obey copyright laws and cease the distribution of pornography, especially child pornography, over P2P networks. The Graham letter was co-signed by Republican and Democrat Senators Dianne Feinstein, Barbara Boxer, Gordon Smith, Dick Durbin, and John Cornyn.

In response to mounting pressure to control piracy and the distribution of child porn over file-sharing networks, trade group P2P United was formed with the intention of developing a code of conduct for file-sharing networks. However, Kazaa did not join as a member of the coalition, which consists of executives from Grokster, Morpheus, Bearshare, Blubster, eDonkey2000, LimeWire, and Streamcast Networks.

In January 2003, gay adult content provider Titan Media sent a scathing letter to the United States Senate accusing Kazaa of doing little, if nothing, to control the amount of freely traded pornography files that end up in the hands of underage users.

At the time, Titan pressed the point that Kazaa has always had the means and the ability to "track, monitor and report on almost every single file transferred within their network," and therefore the company has little reason not to take more control of traded content.

Earlier this month, Kazaa topped a list of “worst spyware threats” put out by Computer Associates International Inc.

Copyright © 2025 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

2025 XBIZ Amsterdam Website Launches With Call for Speakers

XBIZ is pleased to announce that the website for its annual European conference, XBIZ Amsterdam, is now live.

NC Governor Vetoes Bill Targeting Adult Industry, Override Possible

North Carolina Governor Josh Stein today vetoed a bill imposing new regulations that adult industry observers have warned could push adult websites and platforms to ban most adult creators and content.

25,000 Sign Petition to Legalize Pornography in Ukraine

An OnlyFans model’s petition to decriminalize pornography in Ukraine has amassed the 25,000 signatures required for official consideration by President Volodymyr Zelensky.

WannaCollab Joins Pineapple Support as Supporter-Level Sponsor

WannaCollab has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

FSC Unpacks SCOTUS Age Verification Ruling in Webinar

The Free Speech Coalition conducted a public webinar Tuesday to help adult industry stakeholders understand the Supreme Court’s recent decision in FSC v. Paxton, and its potential implications.

UK Lawmaker Calls for Appointment of 'Porn Minister'

Baroness Gabrielle Bertin, the Conservative member of Parliament who recently convened a new anti-pornography task force, is calling for the appointment of a “minister for porn,” according to British news outlet The Guardian.

FSC Toasts Jeffrey Douglas for 30 Years of Service

n the very same evening when the adult industry was hit hard by the Supreme Court ruling supporting Texas’ controversial age verification law, HB 1181, members of the Free Speech Coalition board, staff and supporters gathered to celebrate Jeffrey Douglas’ 30 years as board chair — a fitting reflection of his reputation as an eternal optimist.

TTS Opens UK Testing Location

Talent Testing Service (TTS) has opened a new U.K. location in Ware, Hertfordshire.

FSC: Age-Verification Laws Go Into Effect in South Dakota, Georgia, Wyoming on July 1

The Free Speech Coalition (FSC) has published a statement regarding new age verification laws set to go into effect tomorrow in South Dakota, Georgia, and Wyoming.

FSC Responds to Supreme Court Decision on Texas AV Law

The Free Speech Coalition (FSC) has released a statement responding to last week's Supreme Court decision on FSC v. Paxton, the Texas age verification law.

Show More