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Date set for Kazaa vs. MIPI trial

Written by Jari Ketola @ 03 Jul 2004 4:20

Date set for Kazaa vs. MIPI trial The date for the Kazaa vs. MIPI trial has finally been set -- November 29th, 2004. At the same time Judge Murray Wilcox dismissed several claims raised by Sharman Networks, the owner of Kazaa, regarding access to the evidence seized by MIPI in the raid earlier this year.
Sharman immediately appealed the raid and said that the Anton Pillar order, which allowed MIPI to execute the raid, was granted based on incomplete information. In March Wilcox ruled that the order was processed in correct manner. The evidence, however, was handed to an independent solicitor until both MIPI and Sharman could agree on how they should be given access to the evidence.

In the hearing held on Thursday, Sharman attorney Robert Ellicott claimed that the February raids were in violation of the Australia's Telecommunications Act. According to Ellicott MIPI "recorded communications from the routers of the raided premises." Judge Wilcox rejected the submission due to lack of evidence.

Since the parties failed again to agree on several procedural issues, they will have to return to court on July 16 to present the court with a solution.


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