[A2k] Summary Judgement: isoHunt Induces Infringement

[Seth Johnson]

(This is why we need a Napster [central server or decentralized] that
provides tools to slice and dice works and put them together. Why is
it taking so long for anybody to understand that that's how to end all
of this? All of this would have been settled on the right terms if
that were done by the original Napster, or if any of the subsequent
"P2P" [meaning decentralized search engine] apps had done that. --
Seth)



> http://www.michaelgeist.ca/content/view/4643/125/


U.S. Court Rules Against isoHunt For Inducing Copyright Infringement


(Michael Geist)

Wednesday December 23, 2009


A U.S. federal court in California has issued a summary judgment
against Canadian-based isoHunt (and its owner Gary Fung), ruling that
the site violates U.S. copyright law by inducing copyright
infringement.  The judge ruled that the isoHunt case is little
different from other U.S. cases such as Napster and Grokster,
therefore concluding that there is no need to proceed to a full trial
and granting Columbia Pictures request for summary judgment.

The court is dismissive of claims that differences in BitTorrent
technology raises different legal issues from those addressed in the
other peer-to-peer cases.  Moreover, the decision includes an
extensive discussion of Fung's comments regarding P2P file sharing,
which proved damaging to his case.  The court also notably concludes
that inducement liability and the safe harbours found under the DMCA
are incompatible - if you are found to have induced infringement, you
cannot qualify for the safe harbour.  IsoHunt will presumably appeal
the U.S. decision, but it marks a resounding victory for the movie
studios that launched the case.