Statement from Sharman Networks

Statement from Sharman Networks

Australian recording industry loses claim to view affidavit

SYDNEY, Australia, Dec. 7 /PRNewswire/ -- In a hearing today before Justice Conti of the Federal Court of Australia, his Honour refused the Australian recording industries' demands that its lawyers be allowed to view an affidavit required by previous orders from Sharman Networks' CEO Nikki Hemming this week. He ruled that the required affidavit would be held in a sealed envelope pending a decision on an application for leave to appeal by Ms Hemming.

The Australian recording industries also back peddled from threats made by ARIA CEO Stephen Peach yesterday to "shut down" Kazaa. Instead, lawyers representing the recording industries cited a misreported newspaper article as evidence that Sharman Networks had ceased operations. His Honour did not give credence to the article, which was tendered by the recording industries' lawyers.

Yesterday, Sharman Networks announced that it had complied with Wilcox J's Order 4 of the 5 September Judgement(1) by ceasing distribution of the Kazaa application in Australia before midnight on 5 December 2005, and using proven geotargetting technology and warnings prohibiting existing users from using the application. For Sharman Networks, it otherwise remains business as usual.

For more information, please contact:
Julie Fenwick, ICON International Communications
+61 2 8235 7600 (work)
+61 423 174 424 (mobile)
julie.fenwick@iicpr.com

Footnote References:

[1] Order 4 of the 5 September Judgment:

The infringing respondents be restrained, by themselves, their servants or agents, from authorising Kazaa users to do in Australia any of the infringing acts, in relation to any sound recording of which any of the applicants is the copyright owner, without the licence of the relevant copyright owner.

Source: Sharman Networks

CONTACT: Julie Fenwick, ICON International Communications,
+61-2-8235-7600, mobile - +61-423-174-424, julie.fenwick@iicpr.com

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