Feeds

Judge delays Kazaa case to clear up ‘mess’

Seized material not properly sifted

  • alert
  • submit to reddit

High performance access to file storage

The legal battle between Kazaa owner Sharman Networks and the Australian music industry has been delayed yet again.

The reason centres on Judge Murray Wilcox's last ruling, made on 8 March, that the two parties to the case determine "a regime for custody, inspection and analysis of the material that was authorised to be taken (to) minimise intrusions into personal privacy and commercial confidentiality".

He was referring then to material seized during 6 February raids on Sharman's HQ, offices of a number of other Internet companies, and three Australian universities. The raids were conducted by Music Industry Piracy Investigations (MIPI), an organisation sponsored by the Australian Recording Industry Association (ARIA).

Kazaa's lawyers had claimed that some of the information seized was not pertinent to MIPI's case. They also requested that Judge Wilcox's rethink his decision to grant the original Anton Piller information seizure orders, which legitimised the raids. However, that request was rejected by the judge earlier this month. Instead, he told MIPI and Kazaa to come up with a framework by which the material can be reviewed to ensure only information covered by the Anton Piller orders be selected for use in the case.

Today, the parties returned to the Sydney court, but Judge Wilcox was clearly not impressed with the progress of the search process, which was overseen by an independent solicitor and a forensics expert. "I have the strong impression it wasn't done with the care and consideration you have described," he said. "I think it's a bit of a mess."

Judge Wilcox today ruled that proceedings be held over until 14 May, by which point he hopes the material will have been correctly sorted. Then the parties can determine how each should be provided access to the relevant material.

Kazaa plans to appeal against Wilcox's order that the Anton Piller orders be allowed to stand, and asked for the proceedings to be delayed until it had submitted its application for leave to appeal

The judge denied that request. He also blocked a MIPI demand that it be granted immediate access to the material seized in the raid. In any case, Sharman's legal team is expected to ask that access be blocked until its appeal case is heard. ®

Related Stories

Kazaa to appeal data seizure order ruling
Kazaa fails to overturn music biz data seizure orders
Music industry raids Kazaa's Australia HQ

High performance access to file storage

More from The Register

next story
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
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
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
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

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.
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.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.