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In 2010 a conglomerate of record labels – including the ‘Big Four’ of Sony, EMI, Warner and Universal – went after BitTorrent site isoHunt.
The site and its owner are accused of facilitating copyright infringement on a massive scale. Through the lawsuit the labels hope to shut down the isoHunt website while receiving over 4 million dollars in punitive damages to compensate for their claimed losses.
“The isoHunt Websites have been designed and are operated by the defendants with the sole purpose of profiting from rampant copyright infringement which defendants actively encourage, promote, authorize, induce, aid, abet, materially contribute to and commercially profit from,” the labels wrote in their complaint.
This week isoHunt’s Gary Fung filed a response to the accusations. Turning the tables Fung argues that it’s not isoHunt but the record labels that are the real threat. The labels are waging war on the Internet and trying to restrict basic human rights by trying to shut down file-sharing services, Fung says.
“In our latest response to CRIA filed in Court, we ask the Supreme Court of British Columbia to adjudicate this crucial issue of balance between the constitutional rights of people on the Internet to communicate, share and search, versus the rights of copyright industries to limit such rights in the corporate interest of protecting and extending copyright,” Fung tells TorrentFreak.
“isoHunt urges the court to examine this issue carefully, for the sake of innovations on the Internet, free exchange of culture, and fundamental constitutional freedoms.”
In the pleading isoHunt explains how BitTorrent works and notes that isoHunt’s role in the downloading process is relatively small.
The site positions itself as a neutral technology platform that merely indexes .torrent files stored across hundreds of websites on the Internet. As such, they are not promoting, authorizing or encouraging copyright infringement, they claim.
isoHunt argues that the record labels and other copyright industries are trying to systematically shut down these neutral file-sharing systems. Thereby, they breach basic human rights such as the right to freedom of expression.
“Freedom of expression on the Internet is under attack. From SOPA in the US, ACTA internationally, and C-11 in Canada, the same theme is apparent on the agenda of copyright industry groups: instead of dealing with actual copyright violators, they want to shut down technologies and internet services that they say will be used by violators,” Fung told TorrentFreak.
“It’s the same alarmist approach that goes back to the VCR and the radio. As the Internet emerges as the de-facto medium of communication, sharing and expression, the control over distribution by copyright industries is threatened. In turn, the constitutional freedom of expression of Canadians and all participants on the Internet is threatened.”
With this case in Canada and the US case against the MPAA, isoHunt is at the forefront of the legal censorship debate in Northern America. Both cases are crucial for the future of file-sharing related services and are expected to set an important precedent.
Fung is determined to take the cases as far as possible to defend people’s rights and the open Internet, a battle that is expected to last for years.
Source: Record Labels Threaten the Open Internet, isoHunt Tells Court
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On February 22nd, Megaupload founder Kim Dotcom was released on bail by North Shore District Court Judge Nevin Dawson.
Dotcom had been held in custody since an anti-terrorist police squad raided his Coatesville mansion in January following a lengthy FBI investigation.
The prosecution, acting on behalf of the US Government, argued that Dotcom had hidden resources that would enable him to flee the country should he be granted bail. Although four additional bank accounts in the Philippines were discovered, all of them were empty, and the Judge concluded that there was no evidence of significant funds elsewhere
As a result the Megaupload founder was released from prison, free to continue the fight against the US authorities who want him extradited to face racketeering, copyright infringement and money laundering charges.
When TorrentFreak spoke with Dotcom yesterday he was in high spirits but the Crown, acting on behalf of the US Government, had already appealed the decision to free the Megaupload founder.
Crown prosecutor Anne Toohey told the court yesterday that since Dotcom’s release last week two further banks accounts had been discovered – one in the Philippines and another in the British Virgin Islands containing $2000.
She said that this, along with allegations that Dotcom might have access to forged travel documents, was enough to have the 38-year-old put back in prison.
Representing Dotcom, Paul Davison QC argued that it made no sense for his client to try and flee the country, not least because his wife Mona will shortly give birth to twins.
Today Judge Tim Brewer agreed, denying the prosecution’s appeal and allowing Dotcom to remain a free man pending an extradition appeal in August.
Also in court today, Dotcom and his wife had asked for access to around NZ $220,000 (US $185,130) to cover their living costs including rent of their mansion, security guards and other household staff. The amount would also cover substantial telephone costs incurred as Dotcom prepares his defense, fuel and tutoring for Dotcom’s children.
Previously, Judge Judith Potter agreed to release NZ $74,000 from one of Dotcom’s seized bank accounts to pay creditors left out of pocket after the shutdown of his companies.
It also emerged that US authorities are now investigating Mona Dotcom on suspicion of being involved in Megaupload.
Source: Megaupload Founder Defeats US Govt Attempts To Put Him Back In Prison
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On February 22nd, Megaupload founder Kim Dotcom was released on bail by North Shore District Court Judge Nevin Dawson.
Dotcom had been held in custody since an anti-terrorist police squad raided his Coatesville mansion in January following a lengthy FBI investigation.
The prosecution, acting on behalf of the US Government, argued that Dotcom had hidden resources that would enable him to flee the country should he be granted bail. Although four additional bank accounts in the Philippines were discovered, all of them were empty, and the Judge concluded that there was no evidence of significant funds elsewhere
As a result the Megaupload founder was released from prison, free to continue the fight against the US authorities who want him extradited to face racketeering, copyright infringement and money laundering charges.
When TorrentFreak spoke with Dotcom yesterday he was in high spirits but the Crown, acting on behalf of the US Government, had already appealed the decision to free the Megaupload founder.
Crown prosecutor Anne Toohey told the court yesterday that since Dotcom’s release last week two further banks accounts had been discovered – one in the Philippines and another in the British Virgin Islands containing $2000.
She said that this, along with allegations that Dotcom might have access to forged travel documents, was enough to have the 38-year-old put back in prison.
Representing Dotcom, Paul Davison QC argued that it made no sense for his client to try and flee the country, not least because his wife Mona will shortly give birth to twins.
Today Judge Tim Brewer agreed, denying the prosecution’s appeal and allowing Dotcom to remain a free man pending an extradition appeal in August.
Also in court today, Dotcom and his wife had asked for access to around NZ $220,000 (US $185,130) to cover their living costs including rent of their mansion, security guards and other household staff. The amount would also cover substantial telephone costs incurred as Dotcom prepares his defense, fuel and tutoring for Dotcom’s children.
Previously, Judge Judith Potter agreed to release NZ $74,000 from one of Dotcom’s seized bank accounts to pay creditors left out of pocket after the shutdown of his companies.
It also emerged that US authorities are now investigating Mona Dotcom on suspicion of being involved in Megaupload.
Source: Megaupload Founder Defeats US Govt Attempts To Put Him Back In Prison
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