KAZAA SETTLES

Record companies have reached an agreed settlement with the Sydney-based operators of the internet technology that has been depriving them of royalties for years, recording industry representatives say.

Music Industry Piracy Investigations (MIPI) director Stephen Peach said last night: “The financial part of the global settlement that Kazaa has agreed to pay the recording industry is $US115 million ($A151 million)”.

Also, under the terms of the settlement, Kazaa will convert to a legal business model with licensing arrangements to be negotiated with record labels.

Kazaa will introduce filtering technologies to ensure that users can no longer distribute copyrighted music, film or software files.

Millions of music fans worldwide have used Kazaa to download pirated music since 2002.

Lawyers for the record companies seeking damages, and those representing the film and software industries, have been locked in an Australian Federal Court battle with Kazaa since 2004.

Separate, but similar, legal action running against Kazaa in the United States will also be ended by this agreement.

Nikki Hemming, whose company Sharman Networks developed and distributed Kazaa, was found guilty in September 2005 of encouraging users to infringe copyright.

At her last court appearance, in Sydney, in April this year, Ms Hemming was accused of selling off her multi-million dollar home on Sydney’s north shore because she knew her company was in legal trouble.

The case was adjourned after Ms Hemming’s evidence, and before hearings could resume, Kazaa last night reached an agreed settlement with representatives of the 30 record companies - including Universal, Festival/Mushroom, EMI, Sony BMG and Warner Music Australia.

Future payments to the film and software industries may be forthcoming.
Consent orders confirming the terms of the settlement will be lodged with the Federal Court in Sydney tomorrow.

“Kazaa’s operators have accepted responsibility for their illegal activities and have paid the price for the harm caused to artists and labels,” Mr Peach said.

Mr Michael Williams, partner of Gilbert+Tobin, the law firm that ran the Australian case for the music industry said: “This is a turning point in the fight against online piracy.

“The payment of compensation by Kazaa, after it was held accountable in an Australian Court, demonstrates that there are no piracy safe-havens when it comes to the internet.”

COLOURFAST ON THE ROAD

ColourFast has kicked off their East Coast Tour on Friday July 14 with a chock-a-block show at the Espy Front Bar in Melbourne. Punters there on the night experienced an array of ColourFast tunes, along with some freebie T-shirt and CD action.

They have since followed that up by wowing audiences last Saturday at Transit Bar in Canberra. ColourFast will now be turning their attention to Sydney and Newcastle to show the locals how it’s done and will also play another show in their home-town of Melbourne to signal the end of the current tour.

Their debut album Walk, produced by Paul “Woody” Annison (Rocket Science, Red Riders, Intercooler), was released last week and is available in all good record stores.

There are new frequencies to be heard. Hear them loud and clear as ColourFast brings you Walk.

Dates:
Friday 28 July - Mandarin Club, Sydney
Saturday 29 July - Northern Star, Newcastle
Saturday 5 August - Carlton Music Room, Melbourne