isoHunt Battles The CRIA Yet AgainAdded: Tuesday, December 1st, 2009
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:File Sharing, ET, p2p, Peer To Peer, Sharing Is Caring, BitTorrent, utorrent, isohunt, bitcomet, MPAA, extratorrent.com, CRIA, Supreme Court, Gary Fung
Once again a torrent powerhouse, the well known isoHunt torrent index, find themselves entangled in a legal battle with the Canadian Record Industry Association (CRIA), which have led them to the front steps of the Supreme Court Of British Columbia.
Ever since early September of 2008, isoHunt has been fighting this group. A lawsuit from isoHunt against the CRIA, first was intended to slow down the copyright infringement proceedings in which the CRIA intended to lead against the popular file sharing site.
The CRIA wrote multiple notices directed at isoHunt, stating that it's main purpose as a business was to engage in the infringement of it's coalition of artist's and label's musical works. Although the site disputes this, it has not slowed the relentless assault from the CRIA, which is well known for hunting Canadian torrent sites.
In a vague attempt to declare it's legitimacy, isHunt President Gary Fung, stated that "We intend to take this all the way up to the Canadian Supreme Court unless CRIA settles with us out of court in any reasonable way", which so far he has proven to keep his word on.
The attorneys for the site, have filed an official petition to the Supreme Court of British Columbia, asking them to declare that their site "does not violate the Copyright Act, RSC 1985, c. C-42", as the CRIA has suggested. Regardless of isoHunt's attempts to combat the anti-piracy outfit, Judge Curtis, presiding over the Supreme Court case, denied the petition calling it "improper form" and ordering isoHunt to take the case up as any other organization would have to, in a "normal, lengthy, and costly" legal battle. It seems to many, that the Supreme Court has already decided against isoHunt, before the case has even been heard.
The petition in which isoHunt filed, stated that "It is the user whom has actived the BitTorrent software, and not the Plaintiff isoHunt, who selects which dot-torrent file and the associated BitTorrent content to actually obtain", a cry that seems misunderstood from the courts. It continued, "The other websites in which isoHunt links its files to, are indexers of the said dot-torrent files, and do not actually provide any BitTorrent content files themselves either. Without sufficient information from the user and a person claiming to be the copyright holder, the Plaintiff isoHunt cannot effectively determine in respect of a given dot-torrent file selected by the user and the associated BT Content File: (a)whether the name of the selected BT Content File accurately describes the material contained in the selected BT Content File; (b)whether the selected BT Content File associated with the dot-torrent file in fact contains material that may be protected by copyright; (c)if the material in the selected BT Content File is protected by copyright, which country’s copyright laws are applicable; (d)if the material in the selected BT Content File is protected by applicable copyright laws, whether under such applicable copyright laws, the user’s copying or distribution of such BT Content File is a permitted or licenced activity; and (e)if the material in the selected BT Content File is protected by applicable copyright laws, whether under such applicable copyright laws, the user’s copying or distribution of such BT Content File is an exception to infringement."
They also stated that isoHunt offers a clean "notice and take-down" policy for any individual or group which claims that a torrent file is related to copyrighted material, and they strictly abide by this policy. As we've seen before with Mininova, the courts either do not care about this, or completely lack the proper intelligence to understand the widely used BitTorrent protocol in general.
The case is considered extremely relevant for the torrent world, and for the CRIA, because it will help determine the legality of tracker sites to actually be discussed within the Canadian courts, and how they operate. As many of you know, there are many small and upstart torrent sites from Canada, which is considered to be the new ground zero for torrent targets, a position that was once held in The Netherlands. This will also help determine whether torrent "indexers" or search sites, such as isoHunt, whom only index other trackers, can be considered a legitimate and legal business in the nation.
This is also a platform for the CRIA to persuade the Canadian government why they need to enforce new and tough copyright legislation, in order for challengers to pursue those whom host or index "alleged" copyrighted works in Canada.
Gary Fung, however, feels that sites such as the popular isoHunt could become an extremely beneficial marketing tool for independent copyright holders, and that the groups like the CRIA and the torrent sites must "put their differences aside" in order to "figure out how we can utilize p2p distribution and social media for the benefit of all", a statement which rings oh so true shortly after Mininova's now infamous demise, which only offers a similar service as a replacement, "Content Distribution".
What will become of the popular isoHunt? Will it crumble at it's very foundation, and fall into the ashes of yester-year as the rest of it's once competitors have, especially those in Canada? Perhaps. Will it break new grounds as a force that can defeat the "MAFIAA" of copyright and anti-piracy scoundrels? Doubtful. Or will it become the new frontier, allowing a new change in legalized file sharing, as Mininova, and The Pirate Bay have such claimed to attempt to do? Even more unlikely.
Sadly, making these bold statements about "legalized" file sharing, for a price, is pointless. What they fail to perceive or possibly consider at all, is that we the peers, ultimately make the decision. We can already direct download for a price, iTunes, and various streaming and downloading sites already show this, and in fact, those are financial winners.
Yet, the majority of us, the ones who don the eye-patch, the peg-legs, and scream "yarrr" before we download, will never pay to share. We don't download from the industry, we share amongst ourselves. We know, that sharing is caring, and as soon as one site falls, ten more will rise, as soon as they fall, a hundred more will rise. We will never stop sharing, unless they completely gain control of the internet, and even then, new and exciting protocols will be created to bypass those whom wish to capitalize the world! Knowledge is power, sharing is caring, and the internet, will forever remain free.
December 1st, 2009Posted by: Date:
Tuesday, December 1st, 2009
|Thanks for the article OBS. Yo ho yo ho a pirate's life for me.|
|Never Give Up...nice article OBS! It still sucks how Mininova is gone...|
|file sharing is totally legal,torrents are as legal as it needs to be|
|posted by (2009-12-01 10:24:06)|
|Fascinating article and one which proves that the pursuit of money and profit is the only driving force behind these legal actions. Once money gets involved in anything it becomes sullied and cheapened. |
If "artists" go into "business" and attempt to use the financial muscle of big corporations to make money, then they are in the wrong line of work. Art is to be shared, to be used as a connection between people, it is not a business or, as the studios and the industry see it, a licence to print money.
Keep sharing, this is how art has been throughout the centuries (I know that there have been rich patrons of the arts through the ages, but that was not for profit nor was it a business).
I refer any corporation to early Blues pioneers, they played because they had something to say, bands nowadays should play live to break down the barriers between them and their fans, and to break the hegemony of these evil corporations. Use the interweb as a distribution tool, keep all the revenue.
Keep sticking it to the man people.
|posted by (2009-12-01 13:00:15)|
|yeah its a shame when you hear IsoHunt Asks Court to Legalize Its Operations|
|posted by (2009-12-01 13:43:08)|
|Thanks for the info Obs. I think we might be pleasantly surprised at the outcome. Canadian courts have a surprising ability to stick with the underdog and in this case IsoHunt. We had a case of a Man murdering a young women that got let off (after a night in jail) because his bed in his holding cell was not to his liking. Well he did get one day in jail!! I feel Canadian Judges cannot be bought as they have spent many years as prosecutes and defenders, so are pretty clear on both sides of an issue. I hope I am not proven wrong. That is not to say that the CRTC will not just turn around and get us cut off from our ISP's as of Today DEC1st they GAVE THEMSELVES the power to do so. The courts stated that that was Illegal but the CRTC in all communications can VETO the courts ruling.|
|posted by (2009-12-01 14:53:11)|
|THANX FOR THE INFORMATION OBS :)|
|posted by (2009-12-01 15:53:34)|
|Long live free sharing!|
|Amen! They keep acting as though no one buys media (movies, music, etc) anymore. They need to realize that people are sick of paying for crap. I have bought my share of one hit wonder bands. I am done with paying for one song that is mediocre to begin with. I download everything now and if someone has created something worth spending money on, I'm the first one out there tossin' my hard earned money at them. Same with movies and so on. The internet and p2p sharing is a tool that needs to be utilized not whored out site by site. Like Obs said, this isn't going away.. can't beat us, join us.. figure it out!|
|This is a very good article however, I'd like to point out a few thing that you may have missed. Canada has a minority government and has had for several years. Now, I don't know where everybody else is from and how their governments work but I'll put it in a nutshell: a minority government functions with less than 50% (number of seats/members in the house) control in parliament meaning, at anytime the "other side" can gang up in a vote and the sitting house can be defeated. For example, an in-power government operating at 45% can be tossed out by any group from the opposition totalling 46%. Because the ruling government's position is tenuous at best, they are loathe to do anything that will upset the voters. In Canada, for example, they will spend, spend, spend money on things that are highly visible and likable by their constituents like constructing hockey arenas in small towns (whether they are needed or not), paving/building roads and a variety of widely and loudly announced tax cuts/rebates whenever and wherever possible. In other words; all the GOOD stuff. They will do little or nothing to piss off the general public. They don't want to upset any group of people large or small and they will avoid controversy like it was the Black Plague reincarnate.|
Canada is safe as an outlaw's hideaway for the P2P community as long as they have a minority government which, as we all know, will come to an end sooner rather than later. Minority governments can only hang on for so long. As soon as the people of Canada put a majority government in place (2-3 years, maybe less) and it knows it has a four-year mandate to do what it pleases, expect some nasty rulings and bills to get pushed through. Expect the MPAA and RIAA to lobby the Canadian government, to use its influence to get the filesharing "problem" on the government agenda and dealt with once and for all. In other words, expect Canada to go the way the Netherlands did. I don't want to be a nay-sayer, a prophet of doom but what I do want to emphasize to all the P2P community is: BE PREPARED!!! It ain't gonna last forever (in Canada). You may have to find a safe haven somewhere else because the free ride, in Canada, is running out of asphalt.
|Nice info thank you OBS ;-)|
|THX FOR INFO OBS FINGERS CROSSED FOR ALL AND GOD SPEED|
|posted by (2009-12-01 23:39:59)|
|Old Hippie, I thought you were Stateside, Didn't realize you lived in the free hockey arena I did. We just got a 4Pad in our town! I have to say that OldHippie is bang on the money with that. Many people in the P2P environment don't pay attention to the government as they say It doesn't apply to them. Well it does and thanks to people that listen things do change.|
|TheFearAgenda said it all...|
|"AARRRR" until they take off me head!!!|
|posted by (2009-12-02 02:04:08)|
|The New World Order. Revolution.|
|posted by (2009-12-02 02:14:26)|
|I wonder how many family members of CRIA (and of course its counterparts in the US) download torrents..... You can't tell me there kids don't....|
|Yeah I am sure their kids are purchasing their music legally from itunes or whatever.. BULLSHIT! Deal with your homestead first bitches.. lol|
|Capitalism is a crime, Arrrr!!!|
|posted by (2009-12-02 19:40:22)|
|excellent artical as always OBS..nice read...|
|Another great reading. As usual this will be an upward fight agianst the powers who think they should be. It is, We The People Who Should Decide What is right 4 the Masses Unity is strength. Do not let politcians decide 4 Us .They are just people with a title, who happen to use their power hungry minds, to think, in some aspect, they r right.|
Thxs Obs 4 keeping US posted.
|posted by (2009-12-03 18:38:47)|
|Har har mates, wondeful ending captain.|
|posted by (2009-12-03 21:02:06)|
|We should put up everywhere and again and again (and please, notice abaout this Isohunt!)|
|We should put up everywhere and again and again (and please, notice abaout this Isohunt!):|
No.1. Let those "genteman" in CRIA and other agencies put on a table detailed list of contracted representials and detailed list of items and authors, they represent. One could be suprised how short and deminished that lists would be. And, let them show paylists on behalf of authors and items they paid in last year (even shorter than first ones). Just to know, what they're talking about. CRIA and other agencies do not represent small authors. They even do not represent big authors. They represent themselves and record companies.
No.2. Without a list of items they guard nobody can say what they guard. So they can accuse anyone for copying anything, without any proof. No law can stand this.
No.3. I firmly stand on declaration that any cam I produced is MY OWN authorial piece. No matter I shoot my grandma wedding or colored screen in movie theatre for two hours. If I share and how I share my cam it's my own bussines. Is It illegal to shoot in movie theater? Was it illegal to shoot demonstrations on streets of Teheran? And same thing for ripped materials: If I ripp a movie, product is mine. I altered original in a way my genie and my software wanted to expose. I pay repects to original piece and footage. But I made something new from those. And, it's mine. I'm sharing it. Isohunt and Extra torrent are just public boards to inform others what I want to share. And I'm not on the guardening list of CRIA and other agencies.
No.3. How much will they charge Youtube for actually playing all that stuff? (And, will they than pay to me my royalities upon this charge?)
Most Popular Stories