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KaZaA wins appeal negotiation

KaZaA wins appeal negotiation

According to the judgment of the Amsterdam Court of Appeal, KaZaA is allowed to resume operations from the Netherlands, and thus reclaimed that in the judgment of November. In this judgment, KaZaA was asked to block the download, since KaZaA was responsible for the copyright violations of the users it was also determined that the Dutch collecting society for word and sound, Buma/Stemra, had to negotiate with KaZaA. The aim of these negotiations should be a license agreement that also allows the exchange of license-protected material by KaZaA users. But since Buma/Stemra withdrew from these negotiations, KaZaA went on the offensive and sued Buma/Stemra. In this new judgment, KaZaAs' attorney, Christian Alberdingk Thijm, was able to convey to the court that KaZaA was not responsible for the copyright infringements. He relied on a ruling from the USA from 1984 that 'manufacturers of video recorders should not be held responsible for copyright infringements committed by end customers'. The judgment from the Netherlands will also cause a sensation in the USA, as this should not only be used for KaZaA, but for all manufacturers of recording devices, says Christian Alberdingk Thijm.

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