Sharman Networks’ Australian Case [2:30 pm]
There’s bound to be more on both sides, but this is the first piece I’ve come across: Music Industry Fails To Obtain Access To Material Today
In handing down his decision, Justice Wilcox told the applicants they were “flogging a dead horse” in their attempts to get immediate access to material currently being held by an independent law firm.
“Today’s outcome vindicates our position - that the seizure of materials using the Anton Piller order was heavy handed, unnecessary and indicative of the recording industry’s increasing desperation to crush peer-to-peer technology,” stated Nikki Hemming, CEO of Sharman Networks. “We have complied fully in US proceedings and will continue to do so this case under appropriate legal procedures.
“We are pleased with the outcome of today’s decision and are continuing to prepare our applications for leave to appeal,” stated lawyers for Sharman Networks.
The matter is back in court on 14 May, when further direction will be made. In the meantime, the material seized during the raids will remain secure and confidential at an independent law firm.
On 4 March, Justice Wilcox ordered the Anton Piller against Sharman Networks should not be set aside and that the material seized must remain secure and confidential with independent lawyers and an access regime be negotiated between the parties. Sharman sought leave to appeal on 11 March. The proceedings in respect of the leave application are next before court on Monday, 29 March.
The Register: Judge delays Kazaa case to clear up ‘mess’