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Sharman Legal Proceedings Continue
February 20, 2004
Thomas Mennecke
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From the limited information in the following press release, it seems things went well for Sharman Networks in Australian Federal Court. Currently, Sharman is looking to have any evidence collected on the February 6th raid tossed out. Sharman argued that the raids were illegal, because the ARIA (Australian Recording Industry Association.) omitted several key facts.

Sharman's argues that the following facts were omitted by the ARIA:

· The music industry had already been unsuccessful in comparable proceedings in the Netherlands and US concerning allegations of copyright infringement against other providers of P2P technology;

· That Sharman had already cooperated fully in current US proceedings by producing documents and giving statements, and that the documentation now sought by Australian recording industry companies need not be applied for or produced a second time.

Sharman Press release:

SYDNEY, Australia, Feb. 20 /PRNewswire/ -- Sharman Networks today argued in the Federal Court of Australia that the Anton Piller order brought against it by the Australian subsidiaries of the major record labels should be set aside on the basis that the plaintiffs and their representatives failed to disclose significant information to the court when applying for the order.

"Sharman believes it received a good hearing today," lawyers for the
company said. "The key issue to be determined is whether there has been
material non-disclosure by the plaintiffs."

Justice Wilcox stated during the hearing: "I'm not saying I was misled,
but I do have the feeling that there was a lot more to the story than I was told."

Sharman lawyers added: "There is no doubt that the Sony Betamax recedent
in the US Courts is highly relevant in these proceedings. This precedent holds that providers of a technology that has significant non-infringing uses cannot be held responsible for potential infringing activity by the users of that technology."

The Kazaa software has already been ruled legal by the Dutch Supreme
Court, and P2P operators with comparable technology to Kazaa have won a case relating to allegations of copyright infringement in the US, based on the Betamax doctrine.

Commenting on the case, Sharman Networks said: "The record labels seem
intent on throwing their full weight behind litigation, all the while refusing to license their content to us which would allow secure distribution through peer-to-peer technology."

The matter has been adjourned for further submissions next week with a
decision expected the following week.

This story is filed in these Slyck News categories
FastTrack :: Kazaa
Legal/Courtroom :: Developer Lawsuits

Sharman Press Release

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