Kazaa users not monitored, says tech chief

Kazaa users were never "monitored", Sharman Networks' technology boss claimed under questioning from Justice Murray Wilcox on Wednesday.

Phil Morle, Sharman's chief technology officer, gave evidence for the first time in the trial after Justice Wilcox called him to the witness stand.

"The real problem with this case is that there is no evidence on the way the Kazaa system works," Wilcox said before he called on Morle.

Under examination by senior counsel for Sharman, Anthony Meagher, Morle said the company had never received reports on the activity of Kazaa users.

The record companies claim Sharman can monitor what users do in the Kazaa system, but choose to ignore copyright infringement.

Meagher asked Morle: "Does Sharman monitor the activity of users in uploading, downloading files...?"

After some hesitation, Morle said: "Does Sharman?", and later said: "No".

"Perhaps you should define Sharman," Wilcox said.

Sharman's relationship to its partners such as Altnet, also being sued in the trial, has constantly been questioned in the lawsuit.

The record companies allege Sharman and Altnet are controlled by the same owner(s) to foster piracy.

"Mister Morle, you paused for some time, which suggests someone else monitors activity," Wilcox said.

"Are you aware of anyone else who monitors the activity of Kazaa users?"

"No," Morle said. The pause was due to the long nature of the question, he told Wilcox.

In an affidavit, Morle also said he had taken steps to prevent copyright infringement on the Kazaa system.

One of these involved exploring whether Kazaa could be filtered.

"As soon as I was employed by [Sharman parent company] LEF, I made enquiries of the previous developers of Kazaa as to the possibility of introducing some form of copyright filtering," he said in the affidavit.

Morle said developer Toivo Annus told him Kazaa BV had employed a consultancy to explore the possibility, but was advised it was not possible.

The aim of Sharman Networks had always been to establish peer-to-peer file sharing "as a means for members of the pubic to buy direct from content owners", Morle said in the document.

The record companies will cross-examine Morle on Thursday.

Justice Wilcox has said he would like all evidence in the trial to be heard by the end of this week.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Steven Deare

Computerworld
Show Comments

Cool Tech

Toys for Boys

Skywatcher Dobsonian 8″ Collapsible Telescope

Learn more >

Family Friendly

Whodunnit™ Duo-Scope MFL-007 Microscope Kit

Learn more >

Stocking Stuffer

Logitech Ultimate Ears Wonderboom 2 Bluetooth Speaker

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?