Feeds

Kazaa demands Oz trial delay

Wants to wait for Grokster/MPAA appeal verdict

  • alert
  • submit to reddit

The Essential Guide to IT Transformation

Kazaa today asked the Australian Federal Court to suspend proceedings brought against it by local music industry representatives for alleged copyright infringement.

Lawyers representing the file-sharing service's parent company, Sharman Networks, also said they plan to challenge the validity of a court order that paved the way for a series of raids on Net companies and universities last week.

Those raids were conducted by Music Industry Privacy Investigations (MIPI), a body affiliated with the Australian Recording Industry Association (ARIA). They were conducted to seek evidence to back up the legal action taken by MIPI against Sharman, which opened today.

Sharman asked the Court to wait until the US Court of Appeal rules in a case brought by the Motion Picture Ass. of America (MPAA) and other content industry organisation against the owners of P2P services Grokster and Morpheus is completed. The hearing opened last Wednesday.

Last April, the US District Court ruled that file-sharing companies could not be held liable for acts of copyright infringement made by their users. The MPAA and co. are appealing against that verdict, claiming that the precedent on which it was based - essentially that video recorder makers are not responsible for video piracy - no longer applies now that anti-piracy technology exists.

Sharman's lawyers also claimed that MIPI did not present the all the information it should have when applying for the Anton Pillar orders that enabled last week's raids. They claim MIPI did not tell the judge, Justice Murray Wilcox, that Sharman had already agreed to submit to depositions and co-operate fully with the US Court of Appeal proceedings.

The Anton Pillar orders have also been challenged by the three universities raided: the University of Queensland, the University of New South Wales and Monash University. On Friday, MIPI agreed to keep aside information acquired during these three particular raids until a further court order has been obtained.

Sharman's Australian lawyers are being advised by David Casselman, the company's legal representative in the US Appeal Court hearing. He believes that the appeals tribunal will reaffirm the original verdict.

"[Kazaa's situation] is no different than the Xerox corporation when students use their copiers and they know that students use their copiers to make photocopies of protected works," he told reporters outside the courtroom.

"Is the university liable if they know this?"

Equally confident, MIPI managing director said: "We're comfortable with the action we've taken and confident of a successful outcome."

The case will continue on 20 February. ®

Related Stories

Music industry raids Kazaa's Australia HQ
Grokster, Morpheus face MPAA in appeals court
Music biz slams Oz Net piracy plea bargain

Build a business case: developing custom apps

More from The Register

next story
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Sonos AXES support for Apple's iOS4 and 5
Want to use your iThing? You can't - it's too old
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
Joe Average isn't worth $10 a year to Mark Zuckerberg
The Social Network deflates the PC resurgence with mobile-only usage prediction
Chips are down at Broadcom: Thousands of workers laid off
Cellphone baseband device biz shuttered
Feel free to BONK on the TUBE, says Transport for London
Plus: Almost NOBODY uses pay-by-bonk on buses - Visa
Amazon says Hachette should lower ebook prices, pay authors more
Oh yeah ... and a 30% cut for Amazon to seal the deal
Twitch rich as Google flicks $1bn hitch switch, claims snitch
Gameplay streaming biz and search king refuse to deny fresh gobble rumors
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Backing up Big Data
Solving backup challenges and “protect everything from everywhere,” as we move into the era of big data management and the adoption of BYOD.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.