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Australian court rejects Sharman's appeal

8 October 2004 14:42 by Petteri "dRD" Pyyny

Australian court rejects Sharman's appeal Australian appeals court has rejected Sharman Networks' (the owner of Kazaa P2P software) appeal against the raids made to its offices in February this year. Sharman claims that the raids were illegal and that the material seized in raids should not be used in pending lawsuit against it in Australia.

Australian federal court ruled already in March that raids were legal under so-called Anton Piller order.

Judges decided that as the material seized in the raids was in custody of a third party (read: not with music industry, who was behind the lawsuit against the company), it is therefor not "insecure or vulnerable in any way" and that "..we do not see this as amounting to substantial injustice".

Next hearing in the case related to the legality of the raids is scheduled for 14th of October and it seems that the case itself, where the Australian music industry's association MIPI has sued Sharman over alleged copyright infringements, is set to continue on 29th of November.

Source: ZDNet UK

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Related articles:

  • Kazaa gets deadline to filter or shut down (25 November 2005)
  • 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)
  • Date set for Kazaa vs. MIPI trial (3 July 2004)
  • Kazaa relies on a 105-year-old ruling (24 May 2004)
  • Sharman Networks gets sued by Kazaa coder (17 March 2004)
  • Kazaa appeals raid ruling (11 March 2004)
  • Kazaa loses the first court round in Australia (4 March 2004)
  • Music industry raids Kazaa offices (6 February 2004)
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