Altnet technology officer denied leave from Sharman case

Rose is the 10th respondent to the charges brought forth by Universal Music Australia and various other record company applicants in February, relating to the management and distribution of Sharman's peer-to-peer file sharing software Kazaa.

Altnet is implicated in the case, according to the lead counsel for Universal in today's hearing, Tony Bannon QC, as providing the technology for the software's search function, with Rose drawn in specifically as the company's technical officer.

Rose's lawyer, John Ireland, said his client's involvement in the case was "misrepresented to the court" and that "Mr Rose is an unnecessary party to these claims".

Ireland went on to contend that in any case "Altnet technology does not search for unlicensed repertoire" and that "if Altnet technology was turned off then the Sharman technology would still work".

However, according to Bannon, the Sharman technology is such that it is not "allowed" to work without the employment of the Altnet tools.

Presiding Justice Murray Wilcox said the case is of a "complex nature" and he "would be concerned if this process had resulted in any unfairness for Mr Rose".

"However, no such unfairness has occurred....and I can see no basis on which he has been taken by surprise or prejudiced," he said.

Wilcox ordered "therefore the notice of motion filed by the tenth respondent on the 21st of June [for leave to be struck from the case] is dismissed with costs".

The trial is scheduled for 29 November this year.