isoHunt Tries To Setup A Site That Doesn't Induce
from the can-it-be-done dept
Unfortunately, pretty much every file sharing system/search engine that's gone to court in the US has failed that test miserably by regularly pitching its product for the purpose of infringing on copyright law. In a recent ruling, concerning the torrent search engine IsoHunt, we noted that the judge found inducement in a variety of places in how the site was operated and (more importantly) in comments made by the site's owner, Gary Fung.
Now, in response, Fung appears to be interested in trying to see if he can thread that needle and setup a site that still has the search engine, but avoids any of the things that were flagged for inducing infringement. The key one is the question of whether or not the company/site/owner promotes the infringing nature of its site -- which is one par of the three-pronged test for inducement. Fung has proposed to the court that if he sets up such a site, which he calls isoHunt Lite, there shouldn't be an injunction shutting down the site.
It's an interesting legal question, but somehow I doubt the judge is likely to agree.