Sharman Networks, based in Australia, hasn't yet given up the ghost.

The owner of Kazaa, its claims that the labels have been using anti-competitive behaviour to hound it out of business were dismissed last month by US District Court Judge Stephen Wilson.

However, says AustraliaIT, part of The Australian news chain, Sharman will try to get its anti-trust allegations online again by arguing the judge missed important 'nuances' and shouldn't have dismissed its original motion in the first place.

"Judge Wilson said Sharman, unlike Altnet [Sharman's US-based partner], was not a party to the delivery of licensed content, and thus could not make the claim," says AustralianIT, going on:

"Altnet is a US company that has developed a licensed music business that runs on the Kazaa front-end. Sharman lawyer Rod Dorman told Australian IT the company would file a motion asking the judge to reconsider his decision 'within the next 48 hours'.

" 'Sharman will file a motion for recall of the court's granting the plantiff's motion to dismiss our anti-trust claims'," he said. 'Wilson knocked out our anti-trust case claiming that Sharman did not have standing in the market'."

The recall motion will allow him to re-argue Sharman's original motion and, "A key addition to the argument will be a move to highlight the links between Sharman and Altnet. '(We will) demonstrate that this is a single business entity in the digital distribution of digitally rights-managed content over the internet," he said.

Dorman said Sharman and Altnet were separate companies with separate directors, and neither would be in the content business without the other.

"That's the nuance that Wilson did not understand," he said.

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Dorman said Sharman and Altnet were separate companies with separate directors, and neither would be in the content business without the other.
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I wish they'd find something that hasa chance of sticking. It doesn't take a geneius to discover that Sharman was around before altnet, and can exist without them.