Aussie judge sets Kazaa trial date

If parties can agree on access to crucial evidence


Kazaa parent Sharman Networks' battle with the music industry may finally come to trial in November, the Australian court cautiously ruled this week.

Sharman and representatives of Music Industry Piracy Investigations (MIPI), the Australian music industry's anti-piracy taskforce, returned to Justice Murray Wilcox's courtroom yesterday.

Judge Wilcox pencilled in a 29 November 2004 trial date, with discovery to be completed by October, after Sharman lawyer Robert Ellicott argued against an earlier discovery deadline of 13 August.

Ellicott also claimed that evidence seized from Sharman's premises may not be admissible, arguing that the raids undertaken by MIPI were in breach of Australia's Telecommunications Act.

The raids took place on 6 February 2004, and targeted Sharman's HQ and company executives' homes and a number of other Internet firms. MIPI had been granted Anton Piller orders authorising the raids, which were conducted to retrieve evidence of copyright infringement.

An Anton Pillar Order is a search and seize order, used in Australia and the UK, giving one party in a legal dispute the right to enter premises and search for evidence. The application is made without the knowledge of the party who is to be searched - the judge must be satisfied that material concerning the case would be destroyed unless secrecy was maintained.

Since Sharman's Anton Pillar raids, lawyers have attempted to have the orders deemed inappropriate and thus have the evidence seized thrown out of court. Judge Wilcox has allowed the orders to stand - Sharman is appealing against his ruling - but agreed that the evidence obtained should be sifted to remove any material nor pertinent to the terms of the order.

The parties have not agreed a procedure by which this review should be conducted, and this has continued to hold up the case since March this year.

Sharman wants to delay the case. It hopes that the US movie industry's appeal against a 2003 District Court ruling that liberates P2P networks from the acts of their users.

Indeed, Judge Wilcox dubbed Ellicott's latest argument as a "distraction". Ellicott maintained that during the raid, MIPI had breached the Telecommunications Act, which forbids the interception of a "communication" passing through a telecoms system. MIPI infringed the Act by taking "communications" from Sharman's routers before they were relayed to the company's computers, and it did so without making Sharman aware of the fact, he submitted.

Wilcox dismissed the argument, due to a lack of appropriate evidence and ruled the Ellicott's motion to have the Anton Piller evidence rejected to be unnecessary.

MIPI and Sharman must return to court on 16 July to report on the progress of their negotiations over how each should be granted access to the seized material. If no clear review procedure is in place, the trial could be delayed even further. ®

Related stories

Judge delays Kazaa case to clear up mess
Kazaa to appeal data seizure order ruling
Kazaa fails to overturn music biz data seizure orders
Kazaa trial judge delays hearing
Kazaa demands Oz trial delay
Music industry raids Kazaa's Australia HQ


Other stories you might like

  • Intel to sell Massachusetts R&D site, once home to its only New England fab
    End of another era as former DEC facility faces demolition

    As Intel gets ready to build fabs in Arizona and Ohio, the x86 giant is planning to offload a 149-acre historic research and development site in Massachusetts that was once home to the company's only chip manufacturing plant in New England.

    An Intel spokesperson confirmed on Wednesday to The Register it plans to sell the property. The company expects to transfer the site to a new owner, a real-estate developer, next summer, whereupon it'll be torn down completely.

    The site is located at 75 Reed Rd in Hudson, Massachusetts, between Boston and Worcester. It has been home to more than 800 R&D employees, according to Intel. The spokesperson told us the US giant will move its Hudson employees to a facility it's leasing in Harvard, Massachusetts, about 13 miles away.

    Continue reading
  • Start using Modern Auth now for Exchange Online
    Before Microsoft shutters basic logins in a few months

    The US government is pushing federal agencies and private corporations to adopt the Modern Authentication method in Exchange Online before Microsoft starts shutting down Basic Authentication from the first day of October.

    In an advisory [PDF] this week, Uncle Sam's Cybersecurity and Infrastructure Security Agency (CISA) noted that while federal executive civilian branch (FCEB) agencies – which includes such organizations as the Federal Communications Commission, Federal Trade Commission, and such departments as Homeland Security, Justice, Treasury, and State – are required to make the change, all organizations should make the switch from Basic Authentication.

    "Federal agencies should determine their use of Basic Auth and migrate users and applications to Modern Auth," CISA wrote. "After completing the migration to Modern Auth, agencies should block Basic Auth."

    Continue reading
  • Arrogant, subtle, entitled: 'Toxic' open source GitHub discussions examined
    Developer interactions sometimes contain their own kind of poison

    Analysis Toxic discussions on open-source GitHub projects tend to involve entitlement, subtle insults, and arrogance, according to an academic study. That contrasts with the toxic behavior – typically bad language, hate speech, and harassment – found on other corners of the web.

    Whether that seems obvious or not, it's an interesting point to consider because, for one thing, it means technical and non-technical methods to detect and curb toxic behavior on one part of the internet may not therefore work well on GitHub, and if you're involved in communities on the code-hosting giant, you may find this research useful in combating trolls and unacceptable conduct.

    It may also mean systems intended to automatically detect and report toxicity in open-source projects, or at least ones on GitHub, may need to be developed specifically for that task due to their unique nature.

    Continue reading
  • Why Wi-Fi 6 and 6E will connect factories of the future
    Tech body pushes reliability, cost savings of next-gen wireless comms for IIoT – not a typo

    Wi-Fi 6 and 6E are being promoted as technologies for enabling industrial automation and the Industrial Internet of Things (IIoT) thanks to features that provide more reliable communications and reduced costs compared with wired network alternatives, at least according to the Wireless Broadband Alliance (WBA).

    The WBA’s Wi-Fi 6/6E for IIoT working group, led by Cisco, Deutsche Telekom, and Intel, has pulled together ideas on the future of networked devices in factories and written it all up in a “Wi-Fi 6/6E for Industrial IoT: Enabling Wi-Fi Determinism in an IoT World” manifesto.

    The detailed whitepaper makes the case that wireless communications has become the preferred way to network sensors as part of IIoT deployments because it's faster and cheaper than fiber or copper infrastructure. The alliance is a collection of technology companies and service providers that work together on developing standards, coming up with certifications and guidelines, advocating for stuff that they want, and so on.

    Continue reading
  • How can we make the VC world less pale and male, Congress wonders
    'Combating tech bro culture' on the agenda this week for US House committee

    A US congressional hearing on "combating tech bro culture" in the venture capital world is will take place this week, with some of the biggest names in startup funding under the spotlight.

    The House Financial Services Committee's Task Force on Financial Technology is scheduled to meet on Thursday. FSC majority staff said in a memo [PDF] the hearing will focus on how VCs have failed to invest in, say, fintech companies founded by women and people of color. 

    We're told Sallie Krawcheck, CEO and cofounder of Ellevest; Marceau Michel, founder of Black Founders Matter; Abbey Wemimo, cofounder and co-CEO of Esusu; and Maryam Haque, executive director of Venture Forward have at least been invited to speak at the meeting.

    Continue reading
  • DataStax launches streaming data platform with backward support for JMS
    Or move to Apache Pulsar for efficiency gains, says NoSQL vendor

    DataStax, the database company built around open-source wide-column Apache Cassandra, has launched a streaming platform as a service with backwards compatibility for messaging standards JMS, MQ, and Kafka.

    The fully managed messaging and event streaming service, based on open-source Apache Pulsar, is a streaming technology built for the requirements of high-scale, real-time applications.

    But DataStax wanted to help customers get data from their existing messaging platforms, as well as those who migrate to Pulsar, said Chris Latimer, vice president of product management.

    Continue reading
  • Infor to stop developing on-prem software for IBM iSeries
    ERP vendor had promised containerized options, but looks set to focus on the cloud

    ERP vendor Infor is to end development of on-premises and containerized versions of its core product for customers running on IBM iSeries mid-range systems.

    Born from a cross-breeding of ERP stalwarts Baan and Lawson, Infor was developing an on-premises containerized version of M3, dubbed CM3, to help ease migration for IBM hardware customers and offer them options other than lifting and shifting to the cloud.

    Infor said it would continue to run the database component on IBM i (Power and I operating system, formerly known as iSeries) while supporting the application component of the product in a Linux or Windows container on Kubernetes.

    Continue reading

Biting the hand that feeds IT © 1998–2022