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| Copyright lawsuit update and introducing isoHunt Lite (Beta) | Posted by IH on Feb. 23
US Copyright Laws
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. 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:
http://isohunt.com/img/legal/Fung%20Inj%20Opp&Dec-FINALSTAMPED-noexhibits.pdf
isoHunt Lite
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:
http://isohunt.com/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?
We will have an injunction hearing on March 22. Our appeal will follow after that, stay tuned.
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| isoHunt sues CRIA in self defense, Round 2 | Posted by IH on Nov. 27 I already wrote a fair bit about our
legal struggle with CRIA,
so I'm not repeating them here again. Since CRIA's initial cease and desist letters (effectively asking us to shutdown entirely), we have tried to reason with CRIA, have petitioned the court on our legal right to exist as a search engine. Both to no avail, since Judge Curtis has denied our "petition" as improper form, and have ordered us to a normal, lengthy and costly legal "action". We have done that this week.
Here's our
Statement of Claim
(pdf) we just filed for our action at the BC Supreme Court.
As I've
written to the Canadian government
in the public consultation for upcoming copyright reform, I have high hopes for Canadian copyright laws and its courts to not make the mistakes that have been made elsewhere in the world. We must fight the increasing noise we are drowned in, that file sharing is stealing. I believe we Canadians are especially blessed with musical talent such as Sarah McLachlan, Celine Dion, Nelly Furtado, Lights and many others. So many that our "cultural output" per capita is arguably greater than that of many other countries. And we have done this without the excessive litigation against consumers that the legal climate in countries like our southern neighbor has encouraged. Thanks in part to our lack of DMCA-like copyright laws that does more harm than good.
With continued changes in both the digital marketplace and usage of P2P search engines like isoHunt, I believe now is a better time than ever to put our differences aside with copyright owners, and figure out how we can utilize P2P distribution and social media for the benefit of all. The internet has widened our choice in music more than ever before, and the music industry is
live and well contrary to lies of certain lobbyists.
The EU have also commissioned a study that found,
P2P is not to blame for failures of certain parts of content industries.
Why? How? Because P2P is the greatest radio ever.
If you are a musician and agree with us, we would love to hear from you! We have already heard many
interesting feedback,
like that of a
book author,
we want to hear more. And I cordially invite you to join our new spinoff,
Hexagon.cc.
Together, we can create a better future for content distribution and sharing. Same goes out to film makers, software and game developers.
As for CRIA and member record labels, if you come to your sense of reason, I would love to talk to you outside of court. The ball you've dropped on us is back to you.
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| Hexagon.cc exclusive film release: In Guantanamo | Posted by IH on Nov. 5 From our friends at
Vodo,
here comes their second film release after US Now:
In Guantanamo.
This is a quote of what the short documentary film is about:
| Quote: |
| David Miller’s quiet, powerful film is the result of three days the filmmaker spent touring the Guantanamo prison camps in May 2008, as part of a small group of media representatives allowed there. Although the event was presented as a chance to ‘see inside’ the working of Guantanamo, it was in fact a carefully staged PR exercise designed to yield predictable, stale, controlled media images. |
This is an exclusive release on Hex, so you got this from us first By no means however should this remain exclusive, and Vodo's films are Creative Commons licensed. So share on!
We are excited to have Vodo creating
their group
at Hexagon.
Hexagon.cc
has now grown to more than 70,000 users with over
2000 groups,
covering various interests and social circles. If you haven't seen Hexagon.cc yet,
time to see what it's about!
And of course, support Vodo and join their group! For aspiring musicians and fans, check out our featured groups from
Awesome New Republic
and our
Creative Commons
group. Hex is all about connecting artists and producers with fans, so spread the word and find new interesting uses for torrent and video sharing at
Hexagon.cc.
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