IsoHunt Opts For Trial To Establish Legal Status November 30, 2009
- Global
| Digital and Mobile
By Robert Thompson, Toronto
Canadian BitTorrent site isoHunt is taking legal action against the Canadian Recording Industry Association and its major label members in an attempt to establish the legality of its service.
"We must fight the increasing noise we are drowned in, that file-sharing is stealing," isoHunt founder Gary Fung wrote in a message board posting on Isohunt, which is based in Richmond, B.C. Fung said isoHunt has "tried to reason," with the major labels without reaching a solution.
In 2008, after receiving cease-and-desist letters from CRIA for alleged copyright violations, Fung and isoHunt sought to have a British Columbia court rule that his service does not violate does not violate the 1985 Copyright Act. In March a B.C. judge ruled that Fung and isoHunt would have to go to a full trial, including offering full disclosure, if it wanted to move forward on the matter.
Fung appealed the ruling and was turned down. He announced he was moving forward with a full court action in the Supreme Court of British Columbia Nov. 27.
In its statement of claim, isoHunt says it is simply an aggregator of links. It claims that it is the user who selects the links and downloads content, which is not housed on the isoHunt site. IsoHunt also claims that CRIA's legal tactics "threaten the ability of the plaintiff to conduct what it considers to be its lawful business."
CRIA said it could not comment on the matter now that it is before the courts. Given lengthy disclosure and pre-trial necessities, it is unlikely the case will be decided in 2010.
Fung said on his site that he is prepared to negotiate with CRIA. "As for CRIA and member record labels, if you come to your sense of reason, I would love to talk to you outside of court," Fung wrote. "The ball you've dropped on us is back to you."
IsoHunt also faces legal action in the U.S. where the Motion Picture Association of America has sought a preliminary injunction. A judge has not yet ruled on the matter.
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