It emerged this week that an attempt by file-sharing software firm, Kazaa to delay legal proceedings launched against it in Australia by the Music Industry Piracy Investigation (MIPI) group has failed.
Ruling in the case, Federal Court Justice Murray Wilcox dismissed an application by Kazaa's parent company, Sharman Networks to have the civil search orders which permitted raids on the homes of Sharman's principals stayed until a similar copyright infringement case has been concluded in the United States.
Permission was granted for the twelve raids, which took in the homes of Sharman's chief executive and director of technology, Nikki Hemming and Phil Morle, by the Sydney federal court last month as a result of copyright infringement allegations made against the company by MIPI. However, Sharman questioned whether the court had the authority to authorise the probe.
The firm also called for the copyright infringement case to be halted until similar proceedings (in which the firm is a co-defendant) have been concluded in the US.
In a statement released at the time, the technology firm suggested that the raids had been unnecessary, given that it has already freely provided evidence similar to that which was seized, in the US case:
"The recording industry plaintiffs, through their representative MIPI, have used the legal equivalent of a nuclear bomb to obtain documentation that is already being readily produced by Sharman through the US court system," it announced.
In his ruling, Justice Wilcox suggested that the search orders had been necessary in order to provide "snapshots" of Kazaa in operation, explaining that:
"It is obviously an essential part of the applicants' case to put evidence before the court about the dynamic operation of the Kazaa system."
Ordering the two parties to negotiate access to material seized in the raid, the Federal Court Justice adjourned the hearing until March 23.
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