[Reader-list] FW: [boell] [lab] copy adorno, go to jail? textz.com doesn't think so (fwd)

[Monica Narula]

Have been following IP enforcement raids and cases. We are at the 
beginning of a sharp social conflict that is going to affect the very 
way we think and conduct ourselves in this world. The Culture of the 
Copy will proliferate and so will the mad property regimes will seek 
massive enforcement regime. Where are we heading towards...? (Below 
is a news snippet on the enforcement on the kazaa peer-to-peer 
network.)

I would definitely recommend a quick read of the open letter to Jan 
Reemstsma by textz.com. Poses things nice and poetically! 
(http://textz.com/adorno/open_letter.txt)

best
M
-----------------------------

http://www.nwfusion.com/news/2004/0210kazaaowner.html?fsrc=rss-applications
Kazaa owner Sharman fights court order
By Gillian Law
IDG News Service, 02/10/04

Sharman Networks, the owner and distributor of the Kazaa peer-to-peer 
network, Tuesday said that it has applied to have a court order set 
aside after a raid last week by Music Industry Piracy Investigations, 
a subsidiary of the Australian Recording Industry Association.

This application prevents the recording industry from accessing 
seized documents until the judge has considered the case, Sharman 
Networks said.


MIPI had won an Anton Pillar order against Sharman Networks from a 
judge at the Federal Court of Australia, allowing it to search the 
premises of the Cremorne, Australia, company on Feb. 6.

An Anton Pillar order is often used in software piracy cases, and 
gives the applicant the right to raid the premises of the respondent, 
without notice, and seize documentary or other evidence.

However, MIPI did not make several facts clear to the judge when 
applying for the order and the order should therefore be set aside, 
Sharman said in a statement. Sharman contends that the music industry 
has been unsuccessful in similar proceedings in the U.S. and the 
Netherlands, and that the company has cooperated with the U.S. 
proceedings by producing documents and statements. Having done so, it 
should not have to go through the same process in Australia, it said.

The judge will hear the case on Feb. 20, Sharman said. In the 
meantime, the recording industry is unable to gain access to any 
documents seized under the order, the company said.



At 20:42 +0100 24/2/04, Britta Ohm wrote:
>Quite a peculiar case from the site of Germany where an institutionally
>supported and orderly preserved body of copy- and property-rights is just
>beginning to crumble - in this sense one could really say that Germany is
>only at the very beginning of 'becoming global' (imagine all those
>property-holders of all the masses of pirated and copied music, films,
>texts, symbols etc. that circulate Asia alone would engage in court cases!).
>Cheers - Britta
>
>Von: Seda Guerses <guerses at informatik.hu-berlin.de>
>An: boell at yahoogroups.de
>Betreff: [boell] [lab] copy adorno, go to jail? textz.com doesn't think so
>(fwd)
>Datum: Die, 24. Feb 2004 17:42 Uhr
>

-- 
Monica Narula [Raqs Media Collective]
Sarai-CSDS
29 Rajpur Road, Delhi 110 054
www.sarai.net