Torrent Search Engines Unlawful, U.S. Judge Says
Torrent Search Engines Unlawful, U.S. Judge Says
December 28, 2009
By David Kravets
The operator of a popular BitTorrent search site said Monday he will likely challenge last week’s landmark decision by a U.S. judge declaring such sites unlawful and no different from conventional peer-to-peer piracy services.
“We do think from our preliminary review there are a number of issues for appeal,” said Ira Rothken, attorney for torrent search engine ISO Hunt, the defendant in the case.
The long-awaited decision, while not unexpected, was the first in the United States in which a federal judge found that BitTorrent search engines are an unlawful avenue (.pdf) to free movies, music, videogames and software. A contrary ruling likely would have sparked a gold rush of BitTorrent prospectors in the United States.
Targeted in the case was Gary Fung, a Canadian who operates ISO Hunt and other torrent search engines. Among other things, he argued that U.S. laws did not attach to him, and if they did, that his websites were protected under the Digital Millennium Copyright Act.
In a lawsuit brought by the Motion Picture Association of America, U.S. District Judge Stephen Wilson in Los Angeles ruled: “Defendants’ technology is nothing more than old wine in a new bottle.”
Fung’s “intent to induce infringement is overwhelming and beyond reasonable dispute.”
In terms of infringement, the judge said ISO Hunt was no different than Napster and Grokster. But he said the BitTorrent technology was far superior and “obviously increases the potential for copyright infringement.”
The judge wrote that, instead of having to log into a proprietary network to download copyright files from each others’ computers, “users access defendants’ generally accessible website in order to download those files. And instead of downloading content files directly through defendants’ website, defendants’ users download dot-torrent files that automatically trigger the downloading of content files. These technological details are, at their core, indistinguishable from the previous technologies.”
The MPAA has sued dozens of similar sites in the United States, resulting in settlements or default judgments. The industry group won an $111 million default judgment against TorrentSpy last year after a federal judge concluded the now-shuttered tracker hid evidence.
That case is on appeal, but Judge Wilson’s ruling marks the first time that the legal merits of torrenting have been squarely addressed in the United States.
“The court’s decision establishes a powerful precedent that makes clear, once again, that website operators must respect the rights of content owners and control infringement on their websites, or face liability for their actions,” MPAA vice president Daniel Mandil said in a statement.
Fung, in an e-mail, said his sites should be protected by safe-harbor provisions of the copyright law, which immunize search engines from infringement liability if they promptly remove works when a rights-holder notifies them to take down infringing content.
“We are considering all options,” Fung said.
Among other things, the judge said Fung has not “acted expeditiously to remove, or disable access to, the infringing material.”
The judge said Fung’s sites — including ISO Hunt, Torrentbox and Podtropolis — garner about 10 million hits monthly. Wilson noted that metadata for the sites included “warez” to alert search engines of the site’s nature ,and that Fung was “fostering a community that encouraged — indeed, celebrated — copyright infringement.”
But both Fung and Rothken said the judge got it wrong, that the site has removed thousands of infringing files upon proper request. “This alone, among other reasons, contradicts allegations that we willfully induce infringements,” Fung said.
The decision came eight months after a Stockholm court ruled similarly in the movie studios and Swedish government’s case against The Pirate Bay, the world’s largest BitTorrent site. That case, a blend of a civil and a criminal trial, is on appeal.
That April decision calls for the jailing of the Swedish site’s four co-founders. Despite a Stockholm court’s orders, the site remains functional.
Fung does not face any prison time. The judge did not order Fung to shutter his sites or pay monetary damages. A hearing on those matters is scheduled Jan. 11 in Los Angeles.
:source: Source: http://www.wired.com/threatlevel/200...ines-unlawful/
Re: Torrent Search Engines Unlawful, U.S. Judge Says
And google still is, right?
Re: Torrent Search Engines Unlawful, U.S. Judge Says
Quote:
Originally Posted by
Rart
And google still is, right?
No. That will be the next target in late 2010.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
Google has already been targeted with lawsuits and won actually....if Google can run, which by the way is the LARGEST P2P search engine in the world over powering ThePirateBay, Demonoid, iSOHUNT, and every torrent tracker combined by about oh 500000% if not more, Google is the Ultimate P2P engine, just ask it and you shall you have, but decimentating the info is quite the opposite, if Google was the only thing to download pirate material, it would quad drouple in 2 seconds.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
I didn't know torrentspy got hit with $111 million....
That used to be a great site before they removed the search option...
Anyway how are these "safe-harbor provisions of the copyright law" keeping the site running as Fung constantly refers back to them..
I don't think Fung can be so confident in the safe-harbor provisions of the copyright law (copy pasta) if he is being questioned on his
ability to remove infringed links.
Anyway I found it very interesting that you guys brought up google. As it really is one of the largest sources for "infringed data".
As in any other business though... Money talks and bull shit walks.
And google has alot of money lol.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
These kind of search engines should offer more than just a search of torrents, ISO's etc. That's why Google ain't getting sued and banned in the courts when rapidshare.com copyrighted files turn up in their search results. Google (and the other search engines) search EVERYTHING, even if it is linking to links to download stuff - they won't get shut down in the courts.
I know the post office excuse has been used time and time again, but the post office ain't just delivering copy DVD's to your relatives overseas, or transporting designer drugs to your best mates via envelope, they also happen to be delivering birthday cards and bank statements.
Websites offering search of torrents, MP3, NZB's and so on also need to be offering much much more than torrent links so they don't appear specific, rather they become well known for their expertise in certain area.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
it wont be lone before they go after sites like this.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
Quote:
Originally Posted by
darkstate
These kind of search engines should offer more than just a search of torrents, ISO's etc. That's why Google ain't getting sued and banned in the courts when rapidshare.com copyrighted files turn up in their search results. Google (and the other search engines) search EVERYTHING, even if it is linking to links to download stuff - they won't get shut down in the courts.
I know the post office excuse has been used time and time again, but the post office ain't just delivering copy DVD's to your relatives overseas, or transporting designer drugs to your best mates via envelope, they also happen to be delivering birthday cards and bank statements.
Websites offering search of torrents, MP3, NZB's and so on also need to be offering much much more than torrent links so they don't appear specific, rather they become well known for their expertise in certain area.
Also, Google will search it's owned sties, eg groups/etc, and you can find tons of pirated in material on there actual sever, ffs, they have a torrent tracker to I thought.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
Its only so long until mass file sharing is over. Just some law technicalities in the way of the off switch. Your wrong if you think newsgroups will always be safe. The internet is transforming into another commercialized turd just like television. Even youtube videos have ads plastered everywhere.
Maybe I will move to the forest, live in a tepee , and eat nuts and berries for food.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
The Google argument is foolish if only because it overlooks the simple fact that copyright holders, essentially the only ones with standing outside of the government, will almost always tend to sue actual torrent sites whose sole purpose is to share copyrighted material.
There is nothing standing in the way. Torrents are no different from Napster or Usenet or E2DK in the eyes of the law.
Re: Torrent Search Engines Unlawful, U.S. Judge Says
SonsOfLiberty plz dont be dumb google is used for other things they can argue that isohunt cant argue shit
