Posted by MADESWARAN | Posted in TECH NEWS | Posted on 11:29 AM
It has been a long ongoing fight against ISOHunt website in the United States and now the new court’s ruling was that ISOHunt has received a permanent injunction in the United States. Moreover, one of the reports says Gary Fung, the owner of the website, could face a jail time if he fails to comply.
The American courts were concerned that ISOHunt was not faring too well legally. They announced that on the case of a permanent injunction, they have considered the documents filed by the sides, as well as the arguments presented at the last hearing. As a result, they entered a Permanent Injunction against ISOHunt. The only notable line in the ruling was about the inability of the copyright holders to track and proceed against every single violating end-user.
There isn’t any news that copyright owners won’t ever be able to track each file-sharer out there, which means that if too many users do something, not everyone of them can face the consequences. What is more interesting is that it is an American ruling holding a Canadian site (also operated by a Canadian citizen) liable and somehow subject to American law!
As you might remember, ISOHunt issued a light version of the website in order to satisfy the previous court ruling. This decision had a comment on that too. The court decided that the “Lite” site has got all of the same features as the original one, including indexing and searching functions. The only difference was an interface for customers to operate. That meant that ISOHunt had not even ceased encouraging infringement.
Moreover, the Financial Post suggested the founder of ISOHunt could now face possible prison time in case he fails to comply with the injunction. That was not interesting anymore, but rather strange for the website which was filtering out American residents and was operating out of Canada by a Canadian citizen! How did it happen a US court could rule a prison time on a Canadian?
After this case, critics began to worry that American laws could now somehow apply to Canada and the US can always rich whoever they want in Canada. Actually, there is a similar case to recall – with Marc Emery, a Canadian, selling seeds in Canada. Unfortunately, the seeds found their way to US and the latter got infuriated. As they couldn’t reach him in Canada, they simply got him extradited to America and he faced a jail time. Although it’s doubtful that ISOHunt owner will face any prison time, the case makes others worry about their level of freedom.
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