Music Piracy in Australia
My CNET news RSS feed informed me a little while ago that the offices of Sharman Networks, owners of the Kazaa peer-to-peer file sharing software, were raided in Australia. The article says the following about the offices that were raided:
In addition to the offices of Sharman Networks and Brilliant Digital Entertainment (BDE), MIPI raided the residences of Sharman Networks’ CEO Nikki Hemming, Brilliant Digital Entertainment Chief Executive Officer and President Kevin Burmeister and Phil Morle, Director of Technology at Sharman Networks. Monash University, the University of Queensland and the University of New South Wales were also raided, as well as four ISPs including Telstra.That's quite a collection. I can't imagine that the universities or the ISPs are too pleased with this considering the "raiders" stated that "(t)his is not about individuals, this is about the big fish." Nothing like trampelling on a half dozen or so other organizations on your way to snagging the fish at the top of the pile.
The reason I find this so note worthy is WHO did the raiding. I'm not familiar with Australian law in any way, shape, or form, but according to the article, the Music Industry Piracy Investigations (MIPI) obtained what's called an "Anton Pillar" order (misspelled in the article with one 'l'). According to a posting on FreedomFight.ca, the order allows "an applicant" to enter and search the respondent's premises with intent of locating and SEIZING property and material that the applicant charges violates their legal rights to distribution or usage of said property. In other words, in this case, the MIPI was able to raid these offices themselves after creating a list of materials and documents they were in search of. They could then collect these items for the purpose of preserving evidence. Of course, all of this takes place after a judge approves the whole thing.
The thing that disturbs me is that it is the organization ITSELF that does that raiding! In my opinion, that just opens up a large can of worms that is completely unneccessary. You're letting what is basically the accuser perform the search and seizure, which introduces a level of bias and probably vindictiveness that shouldn't be present during these types of actions. While many people already don't trust their governments or organzations tasked with carrying out these types of (in the USA) governmental duties (such as the FBI), one would think there's a level of neutrality and sense of duty present in how they conduct themselves. The animosity on display by the RIAA and the music industry at large towards groups such as Sharman Networks would lead me to believe that the entire process has a decided favor towards those conducting the raid.
To put it in to context a bit better, the offices of CryTek in Germany (makers of the upcoming game Far Cry) were recently raided by the German police. The story goes that a disgruntled ex-intern tipped them off that CryTek was using pirated software during development of the game; more specifically that they were using more copies of software than they had purchased licenses for. Now, for the sake of comparison here, imagine if the software in question was Microsoft's Visual Studio software, an IDE, which was used for coding the game. What if MICROSOFT had the ability to conduct this search themselves?
Chew on that one for a while while you ponder the fate of Sharman Networks after being personally raided by the recording industry goons...