Maybe you should be considering the ramifications, if any, that might come about from this trial. I know the US doesn’t take precedents from foreign courts but the RIAA will try and push for the same anyway. I feel that in the end, the Music Cartel will be forced to accept a filtering system which will be legal but ineffective. As long as the p2p industry is trying to improve or at least implement a filtering system no court will shut them down, which is actually what the cartel wants. If the judge determines that the cartel are not approaching the judgement as directed, the cartel just might have whatever basic filtering Kazaa offers thrusted upon them by the court. Maybe at some point the almost sheer impossibility of totally filtering all cartel content will seep into the brains of these courts and maybe then we can fall back on infringing use percentage being reduced enough through filtering so maybe a sort of betamax compromise can be reached.

Instead it looks like the ARIA wants to have its cake and eat it too. Kaaza plainly said that they could handle a 3000 word filter. Somehow the ARIA missed that till the next court date to update the progress. All of a sudden 3000 words, that seemed adequate at the first meeting, was never mentioned in the second meeting that was to have happened and didn’t, was suddenly no longer meeting the goals. Instead what never occured to the ARIA in pressing this case was that the judge might recognise that Kaaza was a business, that he would be reluctant to close a business that attempted to meet the requirements of his ruling, and the only way they could throw a wrench in the plans was by making sure that Kaaza had no guidance in how to fulfill the judges rulings so that the results would be guarenteed to be unsatisfactory. Ergo, the remaining option then would be to shut down Kaaza.

Only the ARIA hasn’t met its part of the bargain to see that Kaaza at least had the chance to resolve the issue properly. They can’t get the whole thing without doing their part. I don’t see the judge ruling to shutdown Kaaza on the basis of this as long as Kaaza was showing it was trying to the best of its abilities to do as the ruling require. The failure of the ARIA to supply the needed parts to make sure the copywrite holders were satisfied has somehow been left out of this mess. Somehow I don’t think the judge will be satisfied with the ARIA’s performance in this.