But thing’s aren’t going to rest there.
Yesterday, “The US court ruled, in late December 2009, in Summary Judgment that we were liable for secondary copyright infringement, you may have read about it in the news”, isoHunt founder Gary Fung posted, going on >>>
What you have not heard however is what happened since the status conference in January. The Judge, at the status conference, agreed to provide us after the injunction phase, but before the damages phase, with an interlocutory appeal to the Ninth Circuit Court of Appeals. Before we appeal however, we must undergo injunction motions and that’s what we are doing now. Plaintiffs have filed their motion with their proposed measure for injunction a couple of weeks ago. The Plaintiffs proposed injunction and its keyword type filter, in our view, raises serious issues on the balance between freedom of speech, fair use and copyright protectionism. Such keyword filter is also impossible to implement if it’s to have any sort of precision, nor can it avoid conflict with fair use cases, free commerce, or extra-territorial law. We have just filed our response in opposition:
He continues >>>
We are in the process of developing isoHunt Lite, a lighter, simpler, and faster version of isoHunt, and need user testing and bug reports for our beta version to iron out the bugs. Should the Court accept a version of isoHunt Lite during the injunction phase, it may become the required interface for our US users. Currently the isoHunt lite beta is a work in progress. You can preview the beta now, and whether you are from the US or not, we welcome your bug reports on the new isoHunt Lite:
A reason for isoHunt Lite is that we propose it as a measure for injunction, as it no longer contains any red flags for inducement that were found at Summary Judgment. And without inducement, an important question with wide ramifications we can then ask is, when does a content agnostic search engine that specializes in a vertical like the BitTorrent ecosystem be ineligible for the DMCA Safe Harbors, an information location tool like isoHunt that has both non-infringing and infringing uses? When non-infringing uses in the ecosystem is growing, exemplified by the latest independent success stories like in Ink?
There’ll be an injunction hearing on March 22 and the isoHunt appeal will follow that, says Fung.
..… and identi.ca
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
isoHunt – Copyright lawsuit update and introducing isoHunt Lite (Beta), February 23, 2010
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