What will happen on December 5th? Will FastTrack shut down? Is my Kazaa Media Desktop still going to work? With scant information available, its difficult to get a straight answer to what Kazaa's future will be. The following should clear some of the inconsistencies up.
<i>September 5th, November 5th, December 5th, and Feburary 20, 2006. What do all these dates mean?</i>
September 5th, 2005 is the date Judge Murray Wilcox gave his ruling. Judge Wilcox ordered (order number 4) Sharman Networks "restrained, by themselves, their servants or agents, from authorising Kazaa users to do in Australia any of the infringing acts, in relation to any sound recording of which any of the applicants is the copyright owner, without the licence of the relevant copyright owner."
While this seemed like an outright recording industry win, it was really a two sided victory as Judge Wilcox granted a two month stay (November 5th) to this order. This stay was designed to allow Sharman Networks to develop an effective filter which would allow the company to become a legitimate enterprise.
An effective filter, such as Audible Magic, may also require changes to the FastTrack protocol. Judge Wilcox ordered both parties to discuss a protocol and filtration system everyone could agree on.
The two month stay was not etched in stone, and either side could ask for an extension. On October 10th, Sharman Networks was granted an extension of one month and was also granted an appeal to the Full Court, scheduled for February 26, 2006. In theory by December 5th Sharman Networks would release a client in compliance with order number 4.
However a second meeting between Sharman Networks and recording industry personnel did not occur on November 21st as scheduled. This left Sharman unable to comply with the deadline. Judge Wilcox then granted an additional stay until hearings in the Full Court begin. Instead of incorporating an effective filter and modifying the protocol, the only thing Sharman needs to do by December 5th is add 3,000 additional words to its existing key word filter.
<i>Sharman has until December 5th to filter out copyrighted works from the FastTrack network.</i>
This is an overblown statement. On December 5th, Sharman Networks will likely release a new Kazaa client that will update their already existing key word filter. Their existing key word filter currently blocks adult related theme words, which many know can be turned on or off.
<i>If Sharman Networks doesn't filter copyrighted works by December 5th, they must cease "their operation."</i>
Even if Sharman Networks some how does not filter copyrighted works by December 5th, the FastTrack network will continue to exist. Locking the doors to Sharman's corporate offices will have no effect on FastTrack, its population or the transmission of copyrighted files.
<i>Sharman Networks will be installing a filter on their Kazaa client.</i>
No filter will be incorporated into the Kazaa client. Kazaa already has a key word filter, which will simply be expanded.
<i>The new Kazaa "filter" will be effective in blocking copyrighted work.</i>
Remember when Napster tried blocking copyrighted material on their network? Napster was embarrassingly unsuccessful, even on a centralized network. This attempt by Sharman, which can be easily circumvented by the end user, only contains 3,000 words. Compared to the millions of copyrighted works available, Sharman's filter will be virtually unnoticeable and invisible to the end user.
<i>Sharman Networks prefers to use the 3,000 word filter over Audible Magic.</i>
The bottom line is this: the 3,000 word filter will do nothing to prevent copyright infringement while Audible Magic is largely effective in blocking unlicensed work. Sharman Networks is actually pushing for the Audible Magic solution because it wants to portray itself as a legitimate business. Audible Magic will go a long way in establishing this.
However, because the ARIA technical crew did not participate in the second court ordered meeting, no immediate solution was found. Sharman Networks contends the ARIA lawyers intentionally sabotaged the second meeting when it was learned the technical crews were leaning towards an Audible Magic solution. A successful second meeting could have led to a more immediate Audible Magic solution and Sharman could have been on its way to legitimacy.
Judge Murray Wilcox was infuriated at the music industry's transparent attempt, and extended his September 5th stay until late February. This extension is designed to allow Sharman Networks to develop an effective filtration system and establish itself as a legitimate business.






