A permanent injunction has been issued on prohibiting BitTorrent search engine isoHunt by the Federal Judge in North America. The founder of isoHunt, Gary Fung has knowingly encouraged users to share pirated material. The order was issued on Thursday at the appeal of movie studios.
Stephen Wilson, U. S. District Court Judge has said in his statement that there would be irretrievable harm to the studios if the ban would not have been issued. "Given the staggering volume of infringement of plaintiffs' copyrights, it is extremely unlikely that Defendants will be able fully to compensate plaintiffs monetarily," Wilson wrote in his statement.
The order follows Wilson's ruling last year granting summary judgment to the studios. The argument of isoHunt was rejected by Wilson that it was protected by the Digital Millennium Copyright Act's safe harbor provisions, which generally state that sites are not accountable for users' copyright violation.
Instead, Wilson found that isoHunt wasn't qualified for the safe harbors for the reason the site encouraged infringement. So according him, Inducement liability is based on active bad faith conduct and the statutory safe harbors are based on passive good faith conduct aimed at operating a legitimate internet business. It has also been issued by the District Judge that isoHunt is continuing to offer problematic material, including a top searches feature.












