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Kazaa loses the first court round in Australia

4 March 2004 11:48 by Petteri "dRD" Pyyny | 4 comments

Sharman Networks' (the parent company of Kazaa) attempt to invalidate the evidence found in recent raids to its headquarters in Australia failed today when the Australian federal court rejected Sharman's claims that the raids were made without valid reasons.

Raids were allowed originally by federal Judge Murray Wilcox, who issued so-called Anton Pillar order that allows copyright holders to raid companies if they suspect that the company is violating their copyrights and there's a threat that evidence related to these actions will be destroyed shortly.

Sharman Networks claimed in the court that MIPI, the recording industry organization who made the raid, withheld facts from the judge when they applied for Anton Pillar order. Despite ruling that the evidence is legal, court did state that MIPI and Sharman should work out a mutually agreeable way for MIPI to access the evidence found in raids.

In addition to the ruling about raid's legality, court also ruled against Sharman's request to postpone its court case in Australia until the similar case has finished in the United States against it. Court case in Australia continues on 23rd of March.

Source: TechNewsWorld

Permalink to this article

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)

Australian court rejects Sharman's appeal (8 October 2004)

Kazaa loses P2P crown to eDonkey (22 September 2004)

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

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

Kazaa appeals raid ruling (11 March 2004)

Ruling on Kazaa search orders tomorrow (3 March 2004)

The raid was illegal, says Kazaa (10 February 2004)

Music industry raids Kazaa offices (6 February 2004)

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

Kazaa sues RIAA for copyright infringement (24 September 2003)

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Discuss this article!
Rodgers (Inactive) 5 March 2004 5:50
Wow!...Austrailia is getting like America more every day. Looks like all the media world has to do to invade your privacy is to have some sort of "whim" that somebody's copyright is violated. What a crock of shit with these judges making laws instead of interpreting them. This ruling is totally ridiculous. It opens the door to any kind of invasion based on some "suspicion". I hope this ruling is overturned. Best to All! Rodgers [ + quote]
Shad (Member) 7 March 2004 12:16
i dont really care for this stuff anymore. SUP! Visit the site!http://hits4pay.com/members/index.cgi?genocide441 [ + quote]
Toiletman (Senior Member) 8 March 2004 11:10
Same old, same old... Kazaa IS a pile of shit, but I would like to think it really brought P2P to the mainstream. I mean, I don't even bother to tell people to use eMule when I ask them, "So... what program do you use?" They usually say: "Kazaa, of course/Kazaa Lite of course!" But of course, raiding to get rid of evidence isn't the best way to start a case..... They don't have too much of my pity on this one.. [ + quote]
geoffreyH (Newbie) 15 March 2004 15:27
what the fuck to they think that they can acheive out of this, in a matter of minutes people will find another free download site and continue downloading, waste of money if you ask me [ + quote]