An Australian judge has refused to set aside the Anton Piller order brought against Kazaa owner Sharman Networks, but says that the material seized must be held by independent lawyers until access can be negotiated.
Sharman’s offices in Cremorne, Australia, and the homes of two Sharman executives, were raided by investigators working for the Australian Recording Industry Association (ARIA) on February 6, under an Anton Piller order. An Anton Piller order is often used in software piracy cases, and gives the applicant the right to raid the premises of the respondent, without notice, and seize documentary or other evidence.
On February 10, Sharman applied to have the order set aside, saying that ARIA and its subsidiary Music Industry Piracy Investigations (MIPI), which undertook the raid, had misled the judge when applying for the order.
Sharman has cooperated with similar proceedings in the U.S. and there was no reason to assume it would do otherwise in Australia, Sharman says.
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