Makers of 'Kazaa' settle piracy suits

By TED BRIDIS, Associated Press Writer

http://news.yahoo.com/s/ap/20060727/ap_on_hi_te/downloading_music_4

WASHINGTON - The company behind software called "Kazaa," which made it 
simple for millions of computer users to download music and movies over 
the Internet, has agreed to pay more than $115 million to the 
entertainment industry to settle global piracy lawsuits, the industry 
said Thursday.

Sharman Networks Ltd., which produced and distributed the popular Kazaa 
software, also promised to "use all reasonable means" to discourage 
online piracy, including building into its software "robust and secure" 
ways to frustrate computer users who try to find and download 
copyrighted music and movies, court papers said.

The settlement included payment of $115 million to music companies and a 
lesser amount to the movie industry, said people familiar with those 
provisions. They agreed to speak on condition of anonymity because some 
provisions were included in secret agreements not disclosed in the 
public court papers. Sharman Networks has already paid nearly all the 
money to the entertainment industry, these people said.

"While the award may seem like a vast pot of money, it will merely 
offset the millions we have invested — and will continue to invest — in 
fighting illegal pirate operations around the world and protecting the 
works that our artists create," said the vice chairman for EMI Music, 
David Munns.

The settlement concludes legal battles against Sharman Networks around 
the world. Sharman Networks has boasted that its Kazaa software was 
downloaded more than 389 million times, and the company operated the 
underlying "Fast Track" file-sharing network that connected tens of 
millions of personal computers.

It was not immediately clear how or when Sharman Networks will impose 
filters to frustrate its customers from distributing copyrighted files 
illegally. Justin Timberlake's "Sexy Back" and Chamillionaire's "Ridin' 
Dirty" — two popular, modern hits — were available on Sharman's network 
without cost hours after the settlement was announced.

"Services based on theft are going legit or going under, and a legal 
marketplace is showing real promise," said Mitch Bainwol, head of the 
Washington-based
Recording Industry Association of America, the trade group for the 
largest labels.

The head of the Motion Picture Association of America, Dan Glickman, 
called the settlement an important victory in a historic legal case.

Sharman Networks indicated it will negotiate licenses with entertainment 
companies to distribute music and movies lawfully over its Kazaa 
service, similar to Apple Computer Inc.'s iTunes service. The settlement 
does not prohibit Sharman Networks from legally distributing copyrighted 
files.

The chief executive of Sharman Networks, Nikki Hemming, said the 
settlement "marks the dawn of a new age of cooperation" between 
file-sharing services and the entertainment industry. "This settlement 
ensures that we will be working together with the content providers to 
the benefit of consumers, businesses and artists," she said.

The Supreme Court ruled last year the entertainment industry can file 
piracy lawsuits against technology companies caught encouraging 
customers to steal music and movies over the Internet. Earlier this 
month, in a related federal lawsuit, a U.S. judge said evidence was 
"overwhelming" against StreamCast Inc., which produced similar software 
called "Morpheus" for downloading music and movies.


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