Peer-to-peer pacesetter Kazaa was the subject to two unfavorable allegations Monday--one in an Australian court, where it was labeled a pirate; the other in a report from Computer Associates, calling Kazaa the leading spyware pest.

Kazaa''s owner Sharman Networks was in Australian Federal Court facing recording industry charges, which complained that the file-sharing network operates "an engine of copyright piracy to a degree of magnitude never before seen." The charges were made by attorneys representing large recording companies, including Universal, EMI, Warner, and Sony BMG.

Kazaa''s lawyers were scheduled to present the firm''s defense today, with their arguments expected to parrot Kazaa''s earlier defense that, as a software developer, the firm can''t be held responsible for the activities of its users.

The recording industry, represented by the Recording Industry Association of America (RIAA) and its various affiliates around the world, has instituted a myriad of lawsuits in attempts to halt what the industry maintains is the illegal copying of music and other recordings.

The seesaw battles have seen some victories for file-sharing companies--like a Dutch court''s ruling that Kazaa can''t be held responsible for copyright infringement—as well as cases in the U.S., which have produced decisions involving alleged copyright infringement.

As for the CA''s spyware charge against Kazaa, the U.S. software firm said its PestPatrol Anti-Spyware research had determined that Kazaa''s peer-to-peer applications had produced filings that degraded network performance. CA used a broad definition of spyware - one that has been challenged by some as being an inaccurate definition - in its study.