isoHunt loses big: infringement “old wine in a new bottle”

24 12 2009

The movie studies have won another major legal victory in the ongoing war against file sharing, this one against an individual (Gary Fung) who ran a number of torrent search sites, including the popular isoHunt. Although the defendant had argued he was providing just another search engine, the judge has ruled that Fung’s legal team had neglected to rebut the studio’s primary arguments, and Fung himself had a history of statements showing that he encouraged copyright infringement. Although the ruling establishes liability, there’s no word yet on the sanctions that Fung will face.

Granting a summary judgement requires that the judge interpret all the arguments in favor of the losing party, and still find that their opponents have made a winning case, so it’s a pretty difficult standard to meet. Fung and his lawyers, however, seem to have made the job a bit easier.

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