Tag: copyright infringement

Injunction to issue against IsoHunt in a busy month for the courtsInjunction to issue against IsoHunt in a busy month for the courts



There has been some confusion over whether an injunction has issued yet in the US IsoHunt case. In short, an injunction has not yet issued against IsoHunt. However, US District court Judge Stephen Wilson issued a tentative order on March 23, 2010 ruling that a permanent injunction is going to be made against IsoHunt.  A copy of the tentative judgment is available here.

The tentative order contains the judge’s ruling as to why the Court intends to grant a permanent injunction. 

The fallout from iiNet: markets and laws failing in face of net piracyThe fallout from iiNet: markets and laws failing in face of net piracy



Last week the Federal Court of Australia released its important decision in the iiNet case. As many commentators have pointed out, the court declined to require Australia’s ISPs to disconnect those of its subscribers who are repeat copyright infringers.

In the course of reaching this decision, the court made a number of important rulings about the liability arising from the use of BitTorrent networks including the following:

  • Seeders and peers that make music available for sharing are infringers under Australia’s making available right.

The Epidemic of Online Book PiracyThe Epidemic of Online Book Piracy



When people think of unauthorized file sharing, they often focus on music, movies and TV programs, and software. Often forgotten is the magnitude of the illegal file sharing in the book publishing industry. A recent study published by Attributor documents what the Association of American Publishers calls an “Epidemic of Online Book Piracy”.

The study monitored piracy for 913 popular books across the most popular 25 file hosting sites starting in October 2009 for a period of 90 days.

Fung and Isohunt found liable for inducing worldwide copyright infringementFung and Isohunt found liable for inducing worldwide copyright infringement



Earlier this week, a US district court granted summary judgement to MPAA members holding that Gary Fung and four websites operated by him, including Isohunt one of Canada’s largest bittorrent sites, contribute to massive worldwide copyright infringement.

Operators of bittorrent sites like isoHunt often claim they are nothing but content neutral search engines like Google. The Isohunt court disagreed holding, based on uncontested expert evidence, that approximately 95 percent of all files made accessible through Isohunt were infringing or highly likely to be infringing.

Non-commercial P2P file sharing is not fair use says court in Sony BMG v Tenenbaum caseNon-commercial P2P file sharing is not fair use says court in Sony BMG v Tenenbaum case



A U.S. district court has now issued a wide area injunction in the Sony BMG  Music Entertainment v Tenenbaumcase, 2009 WL 4723397 (D.Mass.Dec 7. 2009). The order is as follow:

“…defendant shall be, and hereby is, enjoined from directly or indirectly infringing plaintiffs’ rights under federal or state law in any sound recording, whether now in existence or later created, that is owned or controlled by plaintiffs (or any parent, subsidiary, or affiliate record label of plaintiffs) (“Plaintiffs’ Recordings”), including without limitation by using the Internet or any online media distribution system to reproduce or distribute any of Plaintiffs’ Recordings, except pursuant to a lawful license or with the express authority of plaintiffs.

Mininova gone, who’s left and where are they located?Mininova gone, who’s left and where are they located?



In August of this year a Dutch court ordered Mininova to remove all infringing torrents within three months. Yesterday, Mininova complied with the court’s order and disabled all torrents, except those in the licensed “content distribution” part of the service.

Mininova was the world’s second most popular unauthorized BitTorrent site. It facilitated infringement on a massive scale, with more than 10 billion downloads. Its demise follows Pirate Bay which was also ordered shut down following a decision by a Swedish court this past April which found Pirate Bay’s operators criminally responsible for copyright infringement.

Microsoft Wins Substantial Damages Award for Unauthorized Distribution of its SoftwareMicrosoft Wins Substantial Damages Award for Unauthorized Distribution of its Software



 A federal court has granted Microsoft Corporation default judgment against two PC Village businesses and two individuals associated with the businesses in an action for copyright and trade-mark infringement. Microsoft’s investigators had purchased computers from two separate PC Village locations. The judge found that one computer contained seven unauthorized Microsoft software programs, while the other had eight.

In assessing statutory damages for copyright violations, the judge noted that the defendants had been put on notice regarding the infringing nature of their activities.