p2pnet - rss feed: More on Kazaa ’spying’ case
p2pnet.net News:- The Big Four record label cartel’s MIPI (Music Industry Piracy Investigations) had Kazaa boss Nikki Hemming under surreptitious surveillance for several months, said a recent p2pnet story.
But did they spy on her for longer than that? Much longer?
The surveillance was revealed when outgoing MIPI boss Michael Speck testified on behalf of the Big Four in their Australian case against Kazaa owner Sharman Networks (& Co) over alleged “copyright-infringing behaviour”.
We’ve just heard from Pete, one of our mates over in Australia, who reiterates that when Speck was asked if Hemming, who’s said to run Sharman as well as Kazaa, had been under surveillance, he answered Yes.
“Speck was then asked had Hemming ceased to be under surveillance and if so, when?” says Pete, going on, “His answer was ’she ceased being personally under surveillance some time prior to the trial’.”
Q: What do you mean by “personally” under surveillance?” – he was asked
A: Her physical person.
Q: Is there some other form of surveillance that you conduct in relation to persons is there?
A: Yes.
Q: What is that?
A: Surveillance of premises related to those persons.”
Q: Have you been conducting surveillance exercises in relation to premises which you believed she was living at some stage?”
A: Yes.
Q: When did those activities cease or are they continuing?”
A: Around 11.00 am this morning.” [May 24, 2005]
Q: So you’ve been watching premises of Ms Hemming … until 11.00 am this morning; is that right?”
A: Looking at premises, yes, on a discontinuous basis.”
Q: So the position is that up until 11.00 am this morning you have been watching the premises at which you believed Ms Hemming lived; is that right?”
A: On a discontinuous basis, Yes.”
Q: What happened at 11 o’clock this morning that caused this activity to cease …?”
A: It ceased because I directed it to cease.”
But earlier in the day, the following exchange took place, says Pete.
Q: “Mr Speck, how long have you been examining and investigating the affairs of the Sharman Companies?”
A: This is one of the cases I’ve been dealing with since I think about the middle of 2004.”
The MIPI raided the homes of Sharman Networks ceo Nikki Hemming, Brilliant Digital Entertainment ceo and president Kevin Burmeister (Altnet) and Sharman director of technology Phil Morle, as well as Monash University, the University of Queensland, the University of New South Wales and four ISPs, in February last year.
Given that the raids took place then, “Presumably Speck meant to say the middle of 2003,” says Pete, adding:
“Counsel for the respondents let that one go by.
“So from that we can surmise that Hemming (and possibly other respondents in the Kazaa case) were under surveillance from mid 2003 to 11 am on May 24, 2005.”
(Cheers, Pete)
Something you think we should know? tips[at]p2pnet.net
See:-
surreptitious surveillance - Big Music tailed Kazaa boss, p2pnet, May 30, 2005
MIPI raided - Big Music ‘police’ raid Kazaa, February 6, 2004
June 9th, 2005 at 1:38 am
If I remember my history correctly the SS was a private organazation origionally not affiliated with the german government as well. connection here…?
Rick
June 9th, 2005 at 2:40 am
I read another news clip on this story that had Morle saying that they stopped watching Hemming because they had already proved in court who the owner/controller of Kazaa is. The answer they reached was AltNet chief Kevin Bernmeister (spelling?)
June 8th was supposed to be the day the case resumed, with Nikki Hemming going to the witness stand. Does anyone know why this trial is dragging on? The gave their final closing agruments in late March or early April….. so why is there new testimony?
June 9th, 2005 at 4:29 am
They’re going back and forth on the Mareva order application, and whether or not Sharman has fully disclosed their assets. It’s separate to the main action where we are still awaiting a judgement.
June 10th, 2005 at 11:22 am
Thanks. Good answer. That makes sense.