The delay is to allow both parties to read the reasons for Justice Brian Tamberlin's decision before meeting for directions on Friday 13th of June. Tamberlin told a nearly empty courtroom the universities would be ordered to hand copies of their network over to John Thackray (an IT expert for the music industry) who would search the files on a strict non-disclosure basis.
"[I will order] Mr Thackray get access to the complete records and he search them using the methods he told the court," said Tamberlin. "This will not be disclosed to the applicant but given to the respondent so they can make discovery in the usual way." This would give the universities the opportunity to claim privilege or confidentiality.
Michael Speck, managing director of Music Industry Piracy Investigations said that the decision showed that anyone who provides an Internet service must provide access to copyright owners to data that may indicate an infringement of copyright.
"This was the big chance for corporations who provide Internet services to have the grand philosophical discussion about privacy and control, and they didn't," said Speck. He said if the music industry ever identified the actual infringers in this case they would push for damages similar to or greater than that faced by US students recently.
The universities had argued that in order to provide access to the files sought by the music industry they would have to provide access to other files not sought by the music industry, and this was not tenable.
The music industry has sought access to information relating to eight MP3 files offered for download on a Web page hosted by the University of Tasmania, one MP3 file and a series of links to other MP3 files on a Web page hosted by the University of Sydney, and a list of nearly 500 MP3 files on a page hosted by the University of Melbourne. All pages are believed to be updated by students of the respective universities.
