Feeds

Kazaa to appeal data seizure order ruling

Judge failed to consider vital evidence, it claims

  • alert
  • submit to reddit

Top three mobile application threats

Kazaa owner Sharman Networks today said the company will appeal against an Australian Federal judge's ruling that information seizure orders granted to the music industry last month be allowed to stand.

The P2P purveyor damned Judge Murray Wilcox's original decision to grant the orders as "an improper exercise of the jurisdiction of the court".

On 6 February, Kazaa's Australian HQ and a number of other Internet businesses' premises were raided by Music Industry Piracy Investigations (MIPI), an organisation sponsored by the Australian Recording Industry Association (ARIA). The raids were authorised by the court, which granted MIPI's request for a series of Anton Piller orders permitting the data-acquisition manoeuvres.

At a 10 February hearing, Kazaa's lawyers asked Judge Murray Wilcox to overturn the Anton Piller orders. The Kazaa legal team claimed that MIPI had not provided the judge with all the pertinent background information when the organisation had applied for the orders.

This past Monday, however, Judge Murray Wilcox dismissed Kazaa's request.

Today, Kazaa accused the judge of failing "to consider the non-disclosure by the record industry and the lack of evidence of possession by Sharman of incriminating evidence, and the fact that there was no real possibility of destruction of evidence."

Judge Wilcox also "failed to consider the relevance of the US and Netherlands proceedings, and in particular the judgements of both courts, which found that the owners and operators of Kazaa and other P2P applications had no means of control over the activities of users", the company said, in a statement.

Last year, both the US and Dutch courts ruled that P2P software suppliers could not be held liable for illegal activities conducted by their users. ®

Related Stories

Kazaa fails to overturn music biz data seizure orders
Kazaa trial judge delays hearing
Kazaa demands Oz trial delay
Music industry raids Kazaa's Australia HQ
Dutch Supreme Court rules Kazaa legal

Top three mobile application threats

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.