The disagreement was over the interpretation of one of Judge Brian Tamberlins' orders given the Friday before last. Sydney University had interpreted a particular order as referring to back-up files, rather than the physical media on which they were -- or once were -- written. They claimed that the files had been not only deleted, but overwritten, and were thus no longer in existence.
The university has two back-up cycles, one of 10 back-ups over a two week period and one of 12 back-ups over a 12-week period. The files sought by the music companies had already been overwritten. "This regular overwriting of backup tapes should come as no surprise to the applicants," said the lawyer for Sydney University.
The lawyer for the music companies argued there was no distinction made between the back-up files and the storage media used, and said that the back up tapes could have been overwritten with the same files, and that it took several overwriting cycles to completely destroy information.
Justice Tamberlin ruled that the terms of the order given by him would include overwritten files and found for the music companies. He also ruled the application to have the storage tapes handed over was distinct from the ongoing trial, and granted the music industry costs for the application.
