Federal Court Issues Permanent Injunction For Isohunt
suraj.sun writes with this excerpt from NewTeeVee: "Judge Stephen Wilson of the US District Court of California, Southern District, issued a permanent injunction (PDF) against the popular torrent site Isohunt yesterday, forcing the site and its owner Garry Fung to immediately prevent access to virtually all Hollywood movies. The injunction theoretically leaves the door open for the site to deploy a strict filtering system, but its terms are so broad that Isohunt has little choice but to shut down or at the very least block all US visitors. ... The verdict states that they have to cease 'hosting, indexing, linking to, or otherwise providing access to any (torrent) or similar files' that can be used to download the studios' movies and TV shows. Studios have to supply Isohunt with a list of titles of works they own, and Isohunt has to start blocking those torrents within 24 hours."
The last time I checked, Isohunt was based in Canada as was Garry Fung. And last time I checked, Canada was (not yet) part of the US. Just another arrogant American judge who thinks that the entire world should be subject to US rule and law.
It proves how clueless the geek is about how the law works.
Despite rumors that we are ordered to filter by keywords for the US, there's only a proposed order, no actual order.
The isoHunt announcement is dated April 5 Annonucements. The permanent injunction was filed May 20th. isoHunt Permanent Injunction
The court had this to say about its right to act:
The Court further clarifies that this injunction covers any acts
of direct infringement, as defined in 17 U.S.C. 106, that take place
in the United States. To the extent that an act of reproducing,
copying, distributing, performing, or displaying takes place in the
United States, it may violate 17 U.S.C. 106, subject to the generally
applicable requirements and defenses of the Copyright Act.
As
explained in the Court's December 23, 2009 Order, "United States
copyright law does not require that both parties be located in the
United States. Rather, the acts of uploading and downloading are each
independent grounds of copyright infringement liability." Summary
Judgment Order at 19. Each download or upload of Plaintiffs'
copyrighted material violates Plaintiffs' copyrights if even a single
United States-based user is involved in the "swarm" process of
distributing, transmitting, or receiving a portion of a computer file
containing Plaintiffs' copyrighted content.