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Gepubliceerd op zaterdag 2 maart 2002
IEF 7648
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Kazaa vs. Buma Stemra: Giving the opportunity of downloading music is not illegal

Amsterdam Court Of Appeal, 28 March 2002, 1370/01 SKG. KAZAA B.V. versus Vereniging Buma & Stichting Stemra.

Copyright. “Furthermore, the court will point out that KaZaA justly contests the president’s â¨consideration that it must be put first that by giving its users the opportunity of downloading music files by means of its computer program without a license, KaZaA acts contrary to copyright. Insofar as there are acts that are relevant to copyright such acts are performed by those who use the computer program and not by KaZaA. Providing the means for publication or reproduction of copyrighted works is not an act of publication or reproduction in its own right. Also, it is not true, that is for the moment it cannot be assumed to be true, that the KaZaA computer program is exclusively used for downloading copyrighted works. (…) The appeal therefore succeeds.

 Read the entire judgment here (judgment made available by Wouter Pors, Bird & Bird).