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The raid was illegal, says Kazaa

10 February 2004 13:27 by Jari Ketola | 16 comments

Sharman Networks, the owner of Kazaa peer-to-peer network claims that the raid to its office last week was not legal. The search warrant, an Anton Pillar order, which granted the Music Industry Piracy Investigations, MIPI the right to conduct the search was not granted based on all the facts, Sharman says.

An Anton Pillar order is used in software piracy cases, and gives the right to conduct a raid without prior notice to the suspect. According to Sharman the judge who gave the order was not presented with all the relevant facts to the case and therefore the order should be set aside.

Sharman's complaint will be heard on February 20. Until then MIPI cannot access the seized documents, the company says.

Source: Wired

Permalink to this article

Kazaa gets deadline to filter or shut down (25 November 2005)

Kazaa loses in court (5 September 2005)

Kazaa denies recording industry claims in day 2 of trial (30 November 2004)

Kazaa trial begins (29 November 2004)

Kazaa trial to kick off in Australia on Monday (26 November 2004)

Kazaa labeled top spyware threat (26 November 2004)

Kazaa 3.0 includes Skype (23 November 2004)

Kazaa loses P2P crown to eDonkey (22 September 2004)

Piracy group resurrects after being raided (3 September 2004)

Date set for Kazaa vs. MIPI trial (3 July 2004)

Kazaa relies on a 105-year-old ruling (24 May 2004)

Kazaa loses the first court round in Australia (4 March 2004)

Ruling on Kazaa search orders tomorrow (3 March 2004)

Trade agreement affects Australian copyright laws (updated) (14 February 2004)

Music industry raids Kazaa offices (6 February 2004)

Sharman gets OK to sue enterntainment industry (27 January 2004)

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Discuss this article!
Motomatt (Senior Member) 10 February 2004 14:01
And I am so sure they wont touch them until then.... Matt [ + quote]
jordanjc (Newbie) 10 February 2004 16:46
Look out, iMesh! The party's over. jordanjesse@msn.com [ + quote]
Discmania (Senior Member) 10 February 2004 18:46
Kazaa rules! [ + quote]
DaOsT (Senior Member) 11 February 2004 2:16
long live P2P DaOsT ..::WhO GiveS A ShiT::SO FuckiN WhaT!!::....::LivE ForeveR OR DiE TryiN!!::.. [ + quote]
avoidz (Junior Member) 11 February 2004 2:18
Goddamn asholes. Why don't they spend their f**ing time trying to work with the new techologies instead of trying to jail their customers? They are dinosaurs who should be extinct... [ + quote]
Rodgers (Inactive) 11 February 2004 5:59
Wishing you the best Sharman. Bury those bastards. We have no respect for those tactics or that industry. Best to All! Rodgers [ + quote]
strcruzer (Junior Member) 11 February 2004 6:04
Oops I acidentally made a copy! or Well we do regular backups of the data to safe guard it and we forgot to purge it after we were told by the judge to give it back. I would bet the data is already in the hands of the RIAA and their other affiliates already. [ + quote]
Motomatt (Senior Member) 11 February 2004 6:38
RIAA just doesn't want to except they are getting replaced (like everything else) with new technology. I think they have had their hand in the cookie jar way too long.. Matt [ + quote]
Maryela3 (Inactive) 12 February 2004 7:43
Kazaa will live forever!!! Come on bastards come and get me im in Mexico !!!!!! Music Industry Piracy Investigations you just got little fishes not the big and fat ones Shit theyre just wasting money and time do something usefull with that monety many in people in africa are dying for God sake they will live happily with just 20 dollars a day and you watse thousands trying to find who the hell is downloading and copying more music shit they got on my nerves goddammit sorry for that and for the moment see ya!!! marie = ] [ + quote]
GrayArea (Member) 12 February 2004 9:08
Big business lives and dies by pushing extreme interpretations of the letter of the law via contractual boiler plate, legal tax scams (like moving corporate "headquarters" to tax friendly offshore countries), shady EULAs, etc, etc... They fall back on these tactics that in many cases totally flout the "spirit of the law" whenever it is economically favorable and then stand behind a wall of corporate layers and special interest lobbyists for protection. When a "competitor" (like KaZaA) attempts to use the same strategy to do business the big boys cry foul, hypocritically citing the aforementioned "spirit of the law" and whatnot to make their case. The judges and law makers naturally side with those who are lining their pockets or worse yet have been bought and sold by big business interests and are put in place primarily to do the bidding of their corporate benefactors. It's not about legal vs. illegal; it's just power and money. Unless a real majority of the public ACTIVLY takes a stand against these abuses of power the big money boys will win. Period. [ + quote]
GrayArea (Member) 12 February 2004 9:08
Big business lives and dies by pushing extreme interpretations of the letter of the law via contractual boiler plate, legal tax scams (like moving corporate "headquarters" to tax friendly offshore countries), shady EULAs, etc, etc... They fall back on these tactics that in many cases totally flout the "spirit of the law" whenever it is economically favorable and then stand behind a wall of corporate layers and special interest lobbyists for protection. When a "competitor" (like KaZaA) attempts to use the same strategy to do business the big boys cry foul, hypocritically citing the aforementioned "spirit of the law" and whatnot to make their case. The judges and law makers naturally side with those who are lining their pockets or worse yet have been bought and sold by big business interests and are put in place primarily to do the bidding of their corporate benefactors. It's not about legal vs. illegal; it's just power and money. Unless a real majority of the public ACTIVLY takes a stand against these abuses of power the big money boys will win. Period. [ + quote]
GrayArea (Member) 12 February 2004 9:09
oops... [ + quote]
Rodgers (Inactive) 12 February 2004 9:36
Gray...you absolutely hit the nail on the head! Regards to All1 Rodgers [ + quote]
GrayArea (Member) 12 February 2004 11:48
Except for the "corporate layers" bit... ;-) Spell check don't catch those "real" words. It is good to know I'm not the only one who feels this way. Sometimes I wonder. Thnx! [ + quote]
Maryela3 (Inactive) 13 February 2004 7:14
wow whata a good speech im sure if they read it they will suffer and have diarrea for a month $uck them and Gray Area congrats thats the spirit of the future political leaders congrats P2P forever aurevoir marie In other words [ + quote]
willstod (Inactive) 22 February 2004 16:14
Grey Area That copy you just made is not legal. I'm coming for you. RIAA [ + quote]