Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Universal Music Australia Pty Ltd v Sharman License Holdings Ltd [2004] FCA 183 PRACTICE AND PROCEDURE – Anton Piller orders made in copyright suit – Claim of infringement of musical copyrights by operation of 'peer to peer' computer file sharing – Application to set aside orders on basis of non-disclosure of material facts – Undisclosed facts related to the conduct of some respondents in United States litigation of a similar nature – Whether the undisclosed facts were material – Distinction between 'static' records showing the structure of a file-sharing system and 'dynamic' records showing the system in operation – Application to set aside orders dismissed. UNIVERSAL MUSIC AUSTRALIA PTY LTD, FESTIVAL RECORDS PTY LTD AND MUSHROOM RECORDS PTY LTD TRADING AS FESTIVAL MUSHROOM RECORDS, EMI MUSIC AUSTRALIA PTY LIMITED, SONY MUSIC ENTERTAINMENT (AUSTRALIA) LIMITED, WARNER MUSIC AUSTRALIA PTY LIMITED, BMG AUSTRALIA LIMITED v SHARMAN LICENSE HOLDINGS LTD, SHARMAN NETWORKS LTD, LEF INTERACTIVE PTY LTD, NICOLA ANNE HEMMING, PHIL MORLE N 110 of 2004 WILCOX J 4 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 110 of 2004
BETWEEN: UNIVERSAL MUSIC AUSTRALIA PTY LTD
FIRST APPLICANT
FESTIVAL RECORDS PTY LTD AND MUSHROOM RECORDS PTY LTD TRADING AS FESTIVAL MUSHROOM RECORDS
SECOND APPLICANT
EMI MUSIC AUSTRALIA PTY LIMITED
THIRD APPLICANT
SONY MUSIC ENTERTAINMENT (AUSTRALIA) LIMITED
FOURTH APPLICANT
WARNER MUSIC AUSTRALIA PTY LIMITED
FIFTH APPLICANT
BMG AUSTRALIA LIMITED
SIXTH APPLICANT
AND: SHARMAN LICENSE HOLDINGS LTD
FIRST RESPONDENT
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