Re: old copyright enter, search and sieze order?

peterwn wrote:
On Mar 22, 9:49 am, johnmids2006 <jmr19...@xxxxxxxxxxxx> wrote:
An "Anton Piller" order?

It applies to any civil case and is a judicial creation, that is to
say a court of record has inherent jurisdiction to do this.

The reason for it is to prevent the destruction of relevant evidence.

A judge has to be pretty convinced of the need before granting such an
order. The judge will require safeguards such as an independent
lawyer to be present - it is by no means a free for all for the person
who executes the order (normally a lawyer for the party who seeks it).

The person subject to an 'Anton Piller' is obliged to allow the search
and must not obstruct it eg by hiding stuff, a judge can jail for
contempt or obstruction if an Anton Piller is impeded. The person is
entitled to obtain his own solicitor and there would be a 'truce'
until he or she arrives.

Note that copyright breach is also a quite serious criminal matter so
Mr Plod would be quite entitled to get a search warrant and look for
pirated materials.

In addition by ticking the 'EULA' box when installing proprietary
software you are giving Microsoft and other software firms the
contractural right to audit your computers for licence compliance.
And their agents do such audits in companies, institutions, schools,
etc.

the situation with the EULA has an interesting twist though, I'd
*assume* the company concerned needs evidence that thier software is
actually being used?

otherwise MS (for example) are using their EULA to grant them a right to
audit a property where in fact there could be *no* MS software
installed, and hence the EULA would not apply?

picking on MS to make a point, its much more likely that there is no
Adobe software etc installed. e.g. *I* have no Adobe software installed,
and would take objection to being audited to see if I was breaking thier
license conditions.

note I have no objection to say MS inspecting thier records, seeing a
computer at a given IP is attemtping to connect to their system,
identifying itself as windows, with a serial key they do not recognise
as being legit. *then* trying to get the address from the ISP, via a
court order, *then* seeing if the software concerned has a license at
that address, *then* applying for a search if no license is found.

note *all* at their own expense, which of course they will try to claim
back if they win.

just auditing on the off chance is basically harrassment.
.

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