Kazaa, Australian Record Labels Argue Legality of "Surprise" Search Warrant

Authored by Mark Hefflinger on February 20, 2004 - 8:14am.

Sydney -- Kazaa file-sharing network operator Sharman Networks and the Australian recording industry were in court Friday, arguing whether a special order issued to allow surprise searches of Sharman offices, universities and Australian ISPs was properly obtained, or should be set aside. An "Anton Piller" order was issued by Justice Murray Wilcox with the understanding that evidence from Sharman would likely be destroyed if another means of search and seizure, such as a subpoena, were obtained instead. Sharman Networks attorneys argued that the labels did not inform Justice Wilcox that similar information was willingly surrendered to U.S. and Dutch courts under subpoena in separate lawsuits. During the hearing, Wilcox stated, "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." Lawyers for the record industry countered that some of the information it sought to obtain was "ephemeral" in nature. Sharman also argued that the current case is essentially the same as the U.S. recording industry's case against Kazaa, and should be deferred until that case is resolved. An attorney for the record industry, attempting to differentiate between the intercontinental lawsuits, told Justice Wilcox that "the U.S. copyright law is more concerned with structural aspects of the technology...rather than the operation of the software (as the Australian law is)," ZDNet Australia reported. A ruling on the legality of the Anton Piller order is expected in several weeks.
http://www.wired.com/news/digiwood/0,1412,62363,00.html
http://www.zdnet.com.au/news/communications/0,2000061791,39116240,00.htm
http://www.sharmannetworks.com