Feeds

The cat ate my torrents: ISOHunt founder earns injunction

Freetards' friend Fung feels legal fist

Choosing a cloud hosting partner with confidence

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. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Facebook, Apple: LADIES! Why not FREEZE your EGGS? It's on the company!
No biological clockwatching when you work in Silicon Valley
Yes, yes, Steve Jobs. Look what I'VE done for you lately – Tim Cook
New iPhone biz baron points to Apple's (his) greatest successes
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
Ex-US Navy fighter pilot MIT prof: Drones beat humans - I should know
'Missy' Cummings on UAVs, smartcars and dying from boredom
Sysadmin with EBOLA? Gartner's issued advice to debug your biz
Start hoarding cleaning supplies, analyst firm says, and assume your team will scatter
Edward who? GCHQ boss dodges Snowden topic during last speech
UK spies would rather 'walk' than do 'mass surveillance'
prev story

Whitepapers

Cloud and hybrid-cloud data protection for VMware
Learn how quick and easy it is to configure backups and perform restores for VMware environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Three 1TB solid state scorchers up for grabs
Big SSDs can be expensive but think big and think free because you could be the lucky winner of one of three 1TB Samsung SSD 840 EVO drives that we’re giving away worth over £300 apiece.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.