Small Business Resources, Business Advice and Forms from AllBusiness.com

Aussie Labels Take ISP To Court

By Christie Eliezer, Sydney
Publication: BillboardBiz
Date: Wednesday, April 6 2005
The Australian recorded music industry's case against Internet service provider Swiftel began today (April 6) in the Federal Magistrates Court.

Leading labels are alleging that Swiftel infringed their copyrights by hosting and maintaining two servers -- referred to

as "Torrent Webpages" -- and the Web site Archie's Hub, which deployed BitTorrent technology. BitTorrent allows for high-speed download of large files.

The labels claim that their investigation into Swiftel revealed that users had downloaded unauthorized music videos by Guns N' Roses, Pearl Jam, Kylie Minogue and Robbie Williams, along with TV shows and movies.

The Music Industry Piracy Investigation unit attempted to obtain copies of activity logs in a raid of the ISP's Perth offices on March 10. MIPI conducted the raid under a so-called Anton Piller civil search warrant.

The labels' legal representatives today complained that the ISP have not supplied adequate evidence for the case. The industry's lawyer, John Hennessy SC, asserted that the sole log file handed over had been "manipulated."

At a March 16 preliminary court hearing, the ISP was ordered to surrender evidence that had not been obtained during the raid.

Hennessy told the Sydney court that Swiftel stated that traffic had not been recorded at the sites for a few weeks before the raid. However, the labels noted that a MIPI employee was able to download music videos from the site on March 6.

Swiftel's legal representative Stephen Burley SC said he had "grave reservations" about the Anton Piller order.

The case continues tomorrow (April 7).

In addition, make sure to read these articles:

  • Aussie Labels Take ISP To Court
  • The trial in the Australian recorded music industry's case against Internet service provider Swiftel began April 6 in the Federal Magistrates Court.
  • Australian Anti-Piracy Unit Raids ISP
  • The Australian record industry's anti-piracy division on March 10 raided the premises of a leading Internet service provider accused of copyright infringement.
  • Australian Anti-Piracy Unit Raids ISP
  • The Australian record industry's anti-piracy division yesterday (March 10) raided the premises of a leading Internet services provider accused of music copyright infringement.
  • Aussie Music Biz Settles Swiftel Case
  • Six Australian record companies have settled out of court with its case against Internet service provider Swiftel.
  • Aussie Music Biz Settles Swiftel Case
  • Six Australian record companies have settled out of court with its case against Internet service provider Swiftel.
  • Australia's MIPI Chief Splits
  • Michael Kerin exited OCT. 28 as GM of Australia's Music Industry Piracy Investigation unit after a five-month tenure.
  • 47ask
  • Keith Caulfield answers readers' questions about Mariah Carey, BBMak, and Guns 'N Roses.
  • Axl Rose Signs To Sanctuary Publishing
  • British-based independent Sanctuary Music Group has signed Axl Rose to a publishing deal. Until recently, Warner Chappell published the Guns N' Roses frontman's works.
  • GNR Denied In Bid To Suppress Recordings
  • A federal judge has denied a request by Axl Rose and former members of Guns N' Roses for an injunction barring the L.A. indie label ......
  • Offspring Drummer Exits, Freese Takes Over
  • Longtime Offspring drummer Ron Welty has left the band after more than a decade-and-a-half of service. The Orange County, Calif.-based punk act will replace Welty ......
  • GNR Denied In Bid To Suppress Recordings
  • A federal judge has denied a request by Axl Rose and former members of Guns N' Roses for an injunction barring the L.A. indie label ......
  • MIPI Raids ISP For Evidence
  • Australia's Music Industry Piracy Investigation on Jan. 14 raided the Sydney office of Internet service provider ComCen to gather evidence on the song-sharing service MP3s4free.net.
  • Mixmaster Mike Happy On Board Gnr Tour
  • Pepper spray and riot batons filled the air outside the Vancouver General Motors Place last Thursday night as fans reacted to the the cancellation of ......
  • Go-Go's' Valentine goes solo on `Light Years'
  • NEW YORK _ Go-Go's bassist Kathy Valentine switches to guitar and takes center stage on vocals for "Light Years," her solo debut. The album will ......
  • Expectations High For Rock In Rio
  • Sting, Daniela Mercury, Gilberto Gil, and James Taylor—to Guns N' Roses' highly touted public concert return before 200,000 people Jan. 14, the implications of the ......