Kazaa Fights Court Order

There were over 81 articles in today's newspapers reporting on Kazaa in Sydney fighting a Court Order that saw its offices raided over the weekend.

MIPI have been agressively chasing Kazaa to the point where they may have obtained the search court order without disclosing all the facts to the judge when applying for the order.

Is this another case of BIG business [Music Industry] domination?

Article from PC World

Kazaa Fights Court Order

Peer-to-peer company wants evidence from last week's raid set aside.

Gillian Law, IDG News Service
Tuesday, February 10, 2004

Sharman Networks, the owner and distributor of the Kazaa peer-to-peer network, says that it has applied to have a court order set aside after a raid last week by Music Industry Piracy Investigations, a subsidiary of the Australian Recording Industry Association.

This application prevents the recording industry from accessing seized documents until the judge has considered the case, Sharman Networks says.

MIPI had won an Anton Pillar order against Sharman Networks from a judge at the Federal Court of Australia, allowing it to search the premises of the Cremorne, Australia, company on February 6.

An Anton Pillar order is often used in software piracy cases, and gives the applicant the right to raid the premises of the respondent, without notice, and seize documentary or other evidence.

However, MIPI did not make several facts clear to the judge when applying for the order and the order should therefore be set aside, Sharman says in a statement.

Sharman contends that the music industry has been unsuccessful in similar proceedings in the U.S. and the Netherlands, and that the company has cooperated with the U.S. proceedings by producing documents and statements. Having done so, it should not have to go through the same process in Australia, it says.

An attorney for Sharman in the U.S. says that the documents seized on the raid had already been given to attorneys representing the recording industry as part of the industry's suit against Sharman in the U.S.

The information seized concerned the design and operation of the Kazaa Media Desktop, the software client distributed by Sharman that allows users to share files on the FastTrack P-to-P network, says Lawrence Hadley of Hennigan, Bennett, & Dorman of Los Angeles, which is representing Sharman in the U.S.

"That information has already been the subject of extensive productions by Sharman in its U.S. litigation," he says.

Among other things, Sharman has released the source code to the Kazaa Media Desktop to attorneys for the recording industry under an order that restricts its distribution and use in the trial, he says.

MIPI and ARIA should have mentioned that when applying for the Anton Pillar order, given that the order is requested in secret and attorneys for the party accused of violating the copyright are not present.

"With this kind of extraordinary relief, the plaintiff has some obligation, when trying to get a search warrant, to represent the truth so the court can assess the merits of the application without the other party present," he says.

MIPI failed to do that in applying for its search warrant for Sharman's headquarters and the homes of Sharman executives, instead telling the court that the information it needed was in imminent threat of destruction, a prerequisite for receiving the Anton Pillar order, Hadley says.

Hadley says that ARIA members are the Australian subsidiaries of major U.S. music labels and entertainment companies and are using the search to harass and financially burden Sharman in retaliation for court losses by those companies in the U.S. and Europe.

U.S. Court Case
The Recording Industry Association of America, which represents music labels in their U.S. suit against Sharman, did not respond to requests for comment.

In April 2003, a Los Angeles federal judge dismissed a lawsuit against file-sharing services Grokster and StreamCast Networks, which makes the Morpheus P-to-P software, saying that they cannot be held culpable for illegal file trading done over their networks.

Plaintiffs in that case, including the Motion Picture Association of America, the National Music Publisher's Association of America, and the Recording Industry Association of America, appealed the ruling to a three-judge panel of the 9th U.S. Circuit Court of Appeals, which heard the case in early February.

The decision of that panel may be appealed to the U.S. Supreme Court in a case that is expected to have repercussions on the entertainment and technology industries, as well as on a related case brought by the plaintiffs against Sharman.

The judge will hear the case on February 20, Sharman says. In the meantime, the recording industry is unable to gain access to any documents seized under the order, the company says.

Click here for all related GOOGLE NEWS articles




Web Links

Melbourne Link Kazaa Fights Court Order Link opens in new browser window





Did You Like This Page?    Click here to LIKE this page..    0  LOVE IT







UPDATE

About This Page > Edit Content | Mobile Site | Category | Melbourne

What's On Dec 2014 >
 Click on a date | Opens new page..
SunMonTueWedThuFriSat
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31


Featured
Pacha | Masquerdae NYE Party ft. MaRLo
View Pacha | Masquerdae NYE Party ft. MaRLo
PACHA IBIZA ON TOUR MASQUERADE MELBOURNE NEW YEARS EVE 2015 AT TRAK Featuring MaRLo ► BUY TICKETS or via TICKETMASTER: (link below) 5 LEVELS / 8 BARS / 1 EPIC NYE ...

Hopscotch | Kids Party Toy Hire
View Hopscotch | Kids Party Toy Hire
We are based in the Eastern Suburbs of Melbourne and deliver fun to children’s parties anywhere in the Greater Melbourne area! We understand that when someone looks for party hire, they are ...

Green Monkey Pedicabs
View Green Monkey Pedicabs
Have you heard the chatter of the Green Monkey? We’re Melbourne’s new, fun and green short journey transport alternative. Green Monkey pedicabs is a Melbourne owned business passionate about green ...

Melbourne Social Club
View Melbourne Social Club
The Melbourne Social Club helps Melburnians enjoy life! The award winning Melbourne Social Club is all about enjoying great events, meeting new people and making new friends in Melbourne. The ...

New Years Eve Steam Yacht Party
View New Years Eve Steam Yacht Party
Special Exclusive New Years Eve Party on a refurbished 1901 steam yacht Limited to 22 couples or 44 guests All alcohol included All night figure food Music 5 hour cruise Fireworks Bolte ...

Silvester Nacht | New Year's Eve at Hophaus
View Silvester Nacht | New Year's Eve at Hophaus
Silvester Nacht at Hophaus - New Year’s Eve Party. Join us as we enter the world of the mystic Rauhnächte where celebration and commotion will reign under the midnight fireworks. With one of the ...

Four Seasons NYE Party @ Campari House
View Four Seasons NYE Party @ Campari House
Rooftop Package | $195 (or $185 for Early bird, Members & Groups of 10+) NEARLY SOLD OUT Access to all 4 levels – watch the fireworks from the rooftop! Ketel One Espresso Martini + 5 hour ...

NYE Tiki Island Party
View NYE Tiki Island Party
NEW YEAR'S EVE TIKI ISLAND PARTY! Ring in the new year on the banks of the Yarra River - Tiki style! Riverside | Food Huts | Drinks Package | Live Music Tickets: $150pp + BF ($140pp + ...

Mad Hatters New Years Eve Ball
View Mad Hatters New Years Eve Ball
Ladies and Gentlemen, Pop-Up Events presents their much awaited, eagerly anticipated, gloriously spectacular, decadently indulgent...annual Mad Hatters New Years Eve Ball!!! Jugglers, Acrobats, ...

New Year's Eve | H2oh Docklands
View New Year's Eve | H2oh Docklands
HARBOURSIDE IS BACK!! NYE h2oh! 2014 - HARBOURSIDE EXTRAVAGANZA..... DOCKLANDS Newquay. H2oh! steps up a Level - literally!!!: with a NEW WATERFRONT LOCATION….Waterfront Venues - Level 1 ...

Melbourne's Exclusive Magic Show
View Melbourne's Exclusive Magic Show
WITNESS IMPOSSIBLE OCCURRENCES, ONE OF MELBOURNE’S MOST EXCLUSIVE ATTRACTIONS. Award winning magician Luke Hocking intrigues and amazes with astounding displays of magic, illusion and mind ...

Check Out
WaterFirst | Save A Life in 5 Minutes
View WaterFirst | Save A Life in 5 Minutes
St John's WaterFirst will teach you how to save a life in just 5 minutes - it could be the 5 minutes that matter most to you and your family. WaterFirst is | More..

Melbourne Escape Rooms Guide
View Melbourne Escape Rooms Guide
There is no escaping Escape Rooms. Well, it would be a "great escape" if you did given there are over 10 escape rooms operating in Melbourne. Escape Rooms | More..

What's Hot

Our Pick
Suzuki Night Market
View Suzuki Night Market
Now in its 17th year, the Summer Night Market attracts over 200 stall holders and showcases some of Melbourne’s finest artisans, producing locally made clothing, jewellery, prints and an array of ...


What's On Newsletter
Receive our free weekly newsletter every Tuesday and stay up to date with what's on in Melbourne. More..
Email Address

Read This Week's Newsletter
This Week's Newsletter covers everything happening in Melbourne.
--> View Newsletter Here