Re: Technology/Science Articles
California Judge Issues Injunction Against IsoHunt - Must Remove All Infringing Links
Just as a court in the southern district of California has suggested that Rapidshare is not liable for infringing activities of its users, a court in the central district of California has come down hard on Isohunt, demanding the site wave a magic wand and delete all infringing links. Of course, since we don't live in fantasy land where that's possible, it basically means the site needs to be shut down.
An increasing problem with these types of cases, or any case involving technology is that judges don't understand technology:
Second, given the way in which Defendants' system works, when Defendants' end-users download one of Plaintiffs' works, the end-users automatically and simultaneously further distribute the work to innumerable others as a required part of the download process; additionally, at the conclusion of the download, Defendants' end-users obtain an unprotected digital copy of Plaintiffs' work that those end-users can further distribute indefinitely at will.
As the article points out, that's how BitTorrent works, not a search engine.
Another thing that seems to keep coming up in these copyright infringement cases is the conclusion that file-sharing irreparably harms the market. This conclusion is accepted despite the fact that record companies/movie companies, etc. never provide data to back up the conclusion.
It is axiomatic that the availability of free infringing copies of Plaintiffs' works through Defendants' websites irreparably undermines the growing legitimate market for consumers to purchase access to the same works.
So the final order is:
Defendants shall be permanently enjoined from knowingly engaging in any of the following activities in connection with the Isohunt System or any Comparable System:
(a) hosting, indexing, linking to, or otherwise providing access to any Dot-torrent or similar files that correspond, point or lead to any of the Copyrighted Works;
(b) assisting with end-user reproductions or transmissions of any of the Copyrighted Works through a tracker server, or any other server or software that assists users in locating, identifying or obtaining files from other users offering any of the Copyrighted Works for transmission; or
(c) hosting or providing access to any of the Copyrighted Works.
Why should I have to WORK for everything?! It's like saying I don't deserve it!
Bookmarks