Feeds

The cat ate my torrents: ISOHunt founder earns injunction

Freetards' friend Fung feels legal fist

Application security programs and practises

ISOHunt founder Gary Fung's insistence on pandering to freetards has again cost him dear.

Last week his appeal case earned him a permanent injunction, including possible jail time if he breaches the order. Fung was appealing against a suit originally filed by Hollywood (Columbia Pictures is the named plaintiff) against his torrent tracker in 2006.

Fung's lawyers had argued that in the landmark 2005 Grokster case, the supremes had only intended liability to apply to devices. Judge Stephen Wilson rejected this cat-ate-the-homework defence.

He pointed out that the Supreme Court had referred to devices, products and tools interchangeably. "The clear import of the Supreme Court's opinion was that a defendant may be secondarily liable for his conduct and activities, separate and apart from any products, devices or tools he distributes," ruled Wilson.

Fung is enjoined from copyright infringement activity - not restricted to torrents - and has 14 days to comply. Five years after the Grokster ruling, there still seems to be some ignorance about the implications for secondary infringement. Why aren't authors of FTP software thrown in jail?

As with the recent LimeWire ruling, the ISOHunt is pretty clear.

Fung and chums were judged to have actively encouraged infringement and their "very business model, at its core, depends on copyright infringement", Judge Wilson pointed out. Fung failed to take steps to mitigate the infringement, keeping a Top 20 TV shows and Top Searches features prominent.

In other words, there are several hurdles before you can merit a secondary infringement judgment, and Fung jumped them all: you have to be pretty determined to earn one.

The judgment is here. ®

The Power of One eBook: Top reasons to choose HP BladeSystem

More from The Register

next story
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Airbus promises Wi-Fi – yay – and 3D movies (meh) in new A330
If the person in front reclines their seat, this could get interesting
UK Parliament rubber-stamps EMERGENCY data grab 'n' keep bill
Just 49 MPs oppose Drip's rushed timetable
Want to beat Verizon's slow Netflix? Get a VPN
Exec finds stream speed climbs when smuggled out
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
prev story

Whitepapers

Reducing security risks from open source software
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.