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Appeals court says Isohunt is liable for users' copyright infringement

Isohunt's founder can be found liable for users' copyright infringement

By Trace Hagan from Mar 21, 2013 @ 14:36 CDT

The Ninth Circuit of Appeals has ruled that Isohunt's founder, Gary Fung, is liable for copyright infringement committed by the site's users because he possessed "red flag" knowledge that infringement was occurring. In its 59-page ruling, the Ninth Circuit court upheld most of a lower-court's decisions.

appeals_court_says_isohunt_is_liable_for_users_copyright_infringement_1

The main takeaway from this ruling is that if a site's operator is found to be inducing copyright infringement, they are no longer allowed in the safe harbor. The Court was able to identify that Fung induced copyright infringement through his posts on the Isohunt forums:

[Fung] communicated a clear message by responding affirmatively to requests for help in locating and playing copyrighted materials...posted numerous messages to the isoHunt forum requesting that users upload torrents for specific copyrighted films.

NEWS SOURCES:Cdn.ca9.uscourts.gov


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