Trial Date Set For Kazaa's Australian Copyright Dispute

by Mary Swire, for LawAndTax-News.com, Hong Kong

06 July 2004

Despite repeated attempts by the parent company of the Kazaa file-sharing service, Sharman Networks to derail a copyright infringement case brought against it by the Australian Music Industry Piracy Investigations (MIPI) organisation, a tentative trial date of November 29 was set last week.

The presiding judge, Justice Murray Wilcox additionally dismissed a number of objections to the case raised by Sharman regarding access to evidence seized in raids undertaken by MIPI earlier this year.

Permission for the twelve raids, which took in the homes of Sharman's chief executive and director of technology, Nikki Hemming and Phil Morle, was granted by the Sydney Federal Court. However, Sharman questioned whether the court had the authority to authorise the probe.

The firm also called for the Australian copyright infringement case against it to be halted until similar proceedings (in which the firm is a co-defendant) have been concluded in the US.

According to reports, both parties in the case are expected back in court later this month to present the outcome of talks on the procedural issues that they are facing.

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