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 PC World newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection
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

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Armand Abogado

HP OfficeJet 250 Mobile Printer

Wireless printing from my iPhone was also a handy feature, the whole experience was quick and seamless with no setup requirements - accessed through the default iOS printing menu options.

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?