Kazaa owner Sharman fights court order

Sharman Networks, the owner and distributor of the Kazaa peer-to-peer network, Tuesday said that it has applied to have a court order set aside after a raid last week by Music Industry Piracy Investigations, a subsidiary of the Australian Recording Industry Association.

Sharman Networks, the owner and distributor of the Kazaa peer-to-peer network, Tuesday said that it has applied to have a court order set aside after a raid last week by Music Industry Piracy Investigations, a subsidiary of the Australian Recording Industry Association.

This application prevents the recording industry from accessing seized documents until the judge has considered the case, Sharman Networks said.

MIPI had won an Anton Pillar order against Sharman Networks from a judge at the Federal Court of Australia, allowing it to search the premises of the Cremorne, Australia, company on Feb. 6.

An Anton Pillar 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.

However, MIPI did not make several facts clear to the judge when applying for the order and the order should therefore be set aside, Sharman said in a statement. Sharman contends that the music industry has been unsuccessful in similar proceedings in the U.S. and the Netherlands, and that the company has cooperated with the U.S. proceedings by producing documents and statements. Having done so, it should not have to go through the same process in Australia, it said.

The judge will hear the case on Feb. 20, Sharman said. In the meantime, the recording industry is unable to gain access to any documents seized under the order, the company said.