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Kazaa loses first skirmish in court battle in Australia

A Federal Court judge yesterday rejected an application by Kazaa's Sydney-based owners to bar evidence seized in a series of court-sanctioned raids last month from being used in legal proceedings aimed at shutting down the Internet file-swapping giant.

"Today is a total victory for the copyright owners," declared Michael Speck, a former police detective who is now general manager of Music Industry Piracy Investigations -- a body set up by major Australian record labels to target copyright infringers.

"It should send a clear message to Kazaa that it's time to get on with the case."

Members of Australia's record industry want the Australian Federal Court to shut down Kazaa, a Web site offering software that allows users to swap music, movies and other computer files.

Lawyers for Kazaa's Sydney-based owner, Sharman Networks, said they wanted to study the 23-page ruling before making a comment. It is possible they will appeal the ruling.

Judge Murray Wilcox also rejected an application to suspend the Australian litigation until there is a verdict in a similar case against it now before a US court.

The Australian case is due back in court March 23.

Although Wilcox rejected Sharman's application, he also did not allow the music industry unfettered access to the evidence, including computer files and data from hard drives, it gathered in the so-called Anton Piller raids at Sharman and other companies with links to Kazaa, as well as the home of Kazaa chief executive officer Nikki Hemming.

Instead, he suggested Sharman and the record industry investigators meet to discuss access to the evidence.
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