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Kazaa Wins a Reprive
March 23, 2004
Thomas Mennecke
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In the cat and mouse game of the online copyright wars, yet another twist has presented itself. The file-sharing community was in a state of shock and awe on February 6th when the MIPI (Music Industry Piracy Investigations) raided the offices of Sharman Networks, along with the homes of the CEO and CTO. The MIPI is the enforcement arm of the ARIA (Australian Recording Industry Association).

Initially, the proceedings did not appear to run smoothly for Sharman; at least not as well as they have in the United States and in the Netherlands. Their offices and homes were violated, and their appeal to have evidence collected under the Anton Pillar order was dismissed.

However, it appears Sharman’s misfortune may be in a state of reversal. Judge Wilcox ruled on March 23rd that evidence collected could not be handed over to the ARIA until at least May. The judge noted the manner in which the raid was conducted was lacking at best.

"I have the strong impression it wasn't done with the care and consideration you have described," he said of the search process. "I think it's a bit of a mess."

Considering the ARIA wanted the collected evidence immediately, this can be viewed as a minor victory for Sharman. It was noted that the manner in which the evidence was collected was less than professional, as hard drives were damaged, while personal and confidential documents were collected. The hearing in May will determine what, if anything, will be admissible as evidence.

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

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