Kazaa owner appeals ruling on raid

Kazaa owner Sharman Networks is continuing its bid to have an order against it dropped by the Federal court. The company lodged an application on Thursday asking for leave to appeal on a ruling made last week.

Judge Murray Rutledge Wilcox of the Federal Court ruled last Thursday that a so-called Anton Piller order against the company, which allowed Australian music industry representatives to raid its Cremorne premises earlier this year, should stand. The material seized during the raid should be held by independent lawyers until access by both parties can be negotiated, Wilcox said in his statement.

Wilcox said at the time that while he recognized that Sharman Networks had cooperated with legal proceedings elsewhere, including in the U.S., and was therefore unlikely to actively destroy records, "it is one thing to expect parties to litigation not to destroy existing evidence, it is another thing to expect them conscientiously to cooperate in the creation and recording of evidence useful to their opponents." It was also necessary to gain "snapshots" of what is happening on Sharman Networks network at any one time, Wilcox said.

The Anton Piller order, allowing an unexpected raid, was therefore necessary, he said.

Sharman Networks is appealing because Wilcox did not consider many of its arguments, it said. In particular, it objects to his views on the need to capture transitory material through snapshots of its network. This is an improper use of an Anton Piller order, it said.

No one from the court was immediately available to comment, but a date will now be set to hear the application for leave to appeal, according to Sharman.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Gillian Law

IDG News Service
Show Comments

Brand Post

Bitdefender 2018

With determination and drive, you achieve outstanding performance! Get Bitdefender Total Security 2018 Now!

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Andrew Teoh

Brother MFC-L9570CDW Multifunction Printer

Touch screen visibility and operation was great and easy to navigate. Each menu and sub-menu was in an understandable order and category

Louise Coady

Brother MFC-L9570CDW Multifunction Printer

The printer was convenient, produced clear and vibrant images and was very easy to use

Edwina Hargreaves

WD My Cloud Home

I would recommend this device for families and small businesses who want one safe place to store all their important digital content and a way to easily share it with friends, family, business partners, or customers.

Walid Mikhael

Brother QL-820NWB Professional Label Printer

It’s easy to set up, it’s compact and quiet when printing and to top if off, the print quality is excellent. This is hands down the best printer I’ve used for printing labels.

Ben Ramsden

Sharp PN-40TC1 Huddle Board

Brainstorming, innovation, problem solving, and negotiation have all become much more productive and valuable if people can easily collaborate in real time with minimal friction.

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Featured Content

Product Launch Showcase

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?