Petteri Pyyny
11 Mar 2004 13:32
Sharman Networks, the company who owns the file-sharing network Kazaa, has appealed the ruling given last week by Australian court that the raids made by the music industry to Sharman's offices in February were legal.
In other words, Sharman still considers that the original raid permission granted by an Australian court was done on illegal basis and therefor all the evidence found in the raids should be considered invalid in Sharman's upcoming legal fight against the music industry in Australia.
The search order granted to music industry watchdog MIPI was based on so-called Anton Pillar legislation that allows such raids by copyright owners if there's a risk that the other party is about to destroy evidence related to copyright infringements. Now, Sharman has stated that as it is already under legal proceedings in the United States, the American legislation makes it already illegal to destroy any evidence and therefor the MIPI shouldn't have been granted the Anton Pillar order at all.
In the previous ruling, the judge stated that it was also necessary to gain "snapshots" of what is happening on Sharman Networks network at any one time. Sharman argues that such activity can be considered as an improper use of an Anton Pillar order.
Source: TheAge