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isoHunt Lite test roll out and on rumored keyword filtering
Posted by IH on Apr. 6
US users, welcome to the lighter and lightning-fast isoHunt! Although we bring this new search engine to you with a burden from the lawsuit brought by the MPAA, we hope you understand the reason why we are making this change. We are addressing concerns Judge Wilson has expressed over inducing copyright infringement in the United States. Though inducement is never our intention (and we have evidence to support it), with isoHunt Lite we want to affirm publicly that isoHunt's essential function is merely to provide a search engine and a public utility with all the net neutrality it affords and should be afforded.

Despite rumors that we are ordered to filter by keywords for the US, there's only a proposed order, no actual order. Freedom of speech, non-infringing use and technical implementability issues are still being debated in further court briefs. We have not done any keyword filtering and are fighting all we can not to, because we believe search terms are ambiguous by nature, and that any requirement to keyword filter is a violation of freedom of speech and tantamount to censorship. There are many non-infringing uses for BitTorrent technology and we hope you will be able to continue to use isoHunt for these, free of constraints by gaping holes in the dictionary because your search triggered a keyword in a title of one of the million movies that have been produced.

Why would you still use isoHunt, you ask now that it's just like Google and Yahoo, and you can search for torrents with those? While we won't dispute that claim, there's a fundamental difference: On isoHunt Lite you get ranking by constantly updated seeds/leechers and ratings, statistics specific for BitTorrent, in addition to search relevancy and age. A general search engine also do not group as one multiple, identical torrents spread on different websites on the Web. Your continued use of isoHunt will also support our upcoming appeal against the MPAA, and we thank you in advance.

We protest the possibility we may be required by US law in upcoming injunction to keyword filter for US users as it would be censorship. The DMCA mandates with good reason that copyright notice and takedowns requested by copyright holders be done under penalty of perjury with accurate identifcation, with standard practice of links or URLs, not broad mucking with the dictionary. If you want to join us in protest, share this by Tweet, Facebook, etc. and write to Congress. Donation to organizations like the EFF will also help.
(183) Comments

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.


UPDATE (after hearing): Despite rumors that we are ordered to keyword filter for US, there's only a proposed order, no actual order. Freedom of speech, non-infringing use and technical implementability issues are still being debated.
(163) Comments

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.
(136) Comments

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