Sharman Networks, the owner and distributor of the Kazaa file-sharing application, is thinking of appealing yesterday’s court decision which upheld a ruling allowing the record industry to conduct raids on its premises last month.
The orders were used to conduct raids on its premises and several others last month.
Justice Murray Wilcox of the Federal Court of Australia yesterday upheld the validity of the Anton Piller orders by which a court empowers a party, that has alleged wrongdoing, the opportunity to enter premises and search for evidence
“In practical terms, this ruling is not a clear win for either side,” lawyers for Sharman Networks said. “It effectively means that material seized will not be handed over to the record industry plaintiffs, rather both parties will discuss a regime of access. In reality, this is a way of converting the ’shock-and-awe’ tactics employed by the plaintiffs by using the Anton Piller order, into a more formal, appropriate legal process akin to discovery.
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