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| Thread ID: 42293 | 2004-02-06 21:28:00 | FYI for kazaa users | Icarus (3936) | Press F1 |
| Post ID | Timestamp | Content | User | ||
| 213388 | 2004-02-09 05:24:00 | Granted yes, there are some very slow brains and tall stories on that site (they mainly give laughs), but there are also a few very smart buggers dotted around the forums. | agent (30) | ||
| 213389 | 2004-02-09 05:36:00 | Well Zminos, I couldn't imagine the Broadcasting standards Authority wanting an Anton Pillar order unless they feared a broadcaster was going to destroy a tape or record which has been broadcast. You are correct that the Plaintiff has to satisfy a Judge that there is urgency and a real prospect that evidence will be destroyed before the Judge will grant an order. Anton Pillar Orders are not common. Much more common are Mareva injunctions which simply order a party (Defendant usually) to preserve property ie not sell, move, or destroy it until the court case is over. It has to be shown to the other party but at an agreed place and time - they can't just bust in. You are bang on about fishing expeditions which is why Anton Pillar orders are not everyday matters and are refused by judges at times. Who would apply? Split Enz maybe? More likely their recording company but they would need good evidence to get the right to enter your home and grab your hard-drive. Trust this helps. Cheers Winston |
Winston001 (3612) | ||
| 213390 | 2004-02-09 05:49:00 | I thought anything obtained from raiding a house without a warrant is inadmissable in court? Is this anton pillar order very much like a warrant? | PoWa (203) | ||
| 213391 | 2004-02-09 07:37:00 | sorry uh for clarity I ment the BSA = Business Software Alliance global.bsa.org I do wonder though if anyone who has a copywrite can apply for a Anton Pillar or Mareva order? or does it have to be some kind of office representing government? :) |
zminos (5010) | ||
| 213392 | 2004-02-09 08:04:00 | Anyone believing there is a breach of copyright and the material may disappear can apply for these orders. Never mind copyright, anything in the way of documents or evidence can be frozen or grabbed. Nothing to do with Government although no reason why the Commerce Commission wouldn't do the same thing. They do not have Police powers. And yes Powa, it is a sort of private search warrant but generally more restricted. |
Winston001 (3612) | ||
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