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stories filed under: "declaratory judgment"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
bittorrent, canada, copyright, declaratory judgment, legality

Companies:
cria, isohunt



isoHunt Seeks Declaratory Judgment In Canada On Legality Of Torrent Tracking

from the one-to-watch dept

You may remember that soon after the entertainment industry provided The Pirate Bay with a ton of free publicity by getting the site (oh so briefly) shut down, its next target was isoHunt, which similarly backfired. While isoHunt is still involved in litigation in the US with the MPAA, up in Canada, the Canadian Recording Industry Association (CRIA) has sent it a threatening letter demanding that it shut down. Similar threats have worked against other BitTorrent tracker sites, but isoHunt feels that it's on pretty firm legal grounds, and has filed a lawsuit against the CRIA, asking for a declaratory judgment that its service doesn't infringe on copyrights. It's using a similar explanation as its US lawsuit, noting that it's no different than a search engine. It also points out that when given evidence of infringing content, it takes down the related trackers -- which again should help put the site on pretty strong legal ground. While Canadian copyright law is different than US law, this is an important case to watch.

24 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
declaratory judgment, patents, video streaming

Companies:
burst, realnetworks



RealNetworks Sues Burst, Seeking Judgment Saying It Doesn't Infringe

from the pre-empting-a-marshall-texas-lawsuit dept

We've covered the history of Burst.com and its questionable patents before. While the company was recently able to squeeze $10 million out of Apple, following the $60 million it got from Microsoft, speculation had begun on who the next target would be. In fact, apparently a Burst investor had started posting videos to YouTube trying to show how a variety of companies all infringed on Burst's patents. Of course, if we had a sane patent system, most people would look at this to suggest that the concepts in Burst's patents were fairly obvious and never should have received patent protection in the first place -- but that's not how things work these days. Among the companies listed in the videos were Google, AOL, Adobe and RealNetworks. Apparently, that was enough to worry RealNetworks, who has filed for a declaratory judgment in Northern California claiming that it does not infringe on Burst's patents. This was, by the way, the same strategy that Apple took (suing first) almost exactly two years ago. With so much fear of cases getting forced into Marshall, Texas, it's no surprise that those threatened would try to file for declaratory judgments on friendlier grounds. It will be interesting to see if Google, AOL or Adobe follow suit.

16 Comments | Leave a Comment..

 
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