March 12, 2009

By By Robert Thompson, Toronto

A British Columbia Supreme Court Judge ruled yesterday against a motion brought forward by Torrent site isoHunt seeking to clarify whether it was infringing on copyright material.

The motion for declaratory relief was brought forward by isoHunt founder Gary Fung. IsoHunt is regarded as one of the largest torrent sites on the Web. Fung had sought a ruling declaring isoHunt was not violating Canadian copyright laws by facilitating torrents that transfer copyrighted material like music and movies.

However, Judge Victor Curtis ruled that isoHunt must file an action and be subject to a full trial, including discovery, if Fung and the Web site want to move forward. Judge Curtis also raised some issues about isoHunt, comparing the company to a gun dealer. He said while you can't expect a gun dealer to be liable for every illegal action committed with their product, the judge noted that the gun dealer would be held responsible on some level if he knows the weapon will be used in a murder. The judge added the case raises serious issues about whether the torrent site is liable for authorizing copyright infringement.

Fung did not immediately respond to Billboard regarding his future legal plans.

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