Re: old copyright enter, search and sieze order?


"peterwn" <peterwn@xxxxxxxxxxxxxxx> wrote in message
news:26eba0d0-4953-4565-a76f-636e0010cc15@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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 EULA is not enforceable in Europe if the relevant terms were
not visible to the purchaser before buying the software. Any EULA
introduced after this event is an attempt at a unilateral variation of the
contract of sale, which is unlawful.


.

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