CTV News | B.C. search engine's suit could make Google illegal

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B.C. search engine's suit could make Google illegal

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CTV.ca News Staff

Date: Tuesday Mar. 17, 2009 12:41 PM ET

A small Internet search engine company has brought a case against the Canadian Recording Industry Association that could drastically change the way files are shared on the Internet.

In fact, the suit by ISOHunt Web Technologies Inc. could make search engines like Google and Yahoo! illegal, due to the way they can be used to access copyright-protected content online.

The suit, which is before the B.C. Supreme Court, is questioning whether search engine companies are liable for the actions of users who share pirated content online.

The court must decide whether ISOHunt, by allowing users to find pirated copies of films or CDs, is in violation of Canadian copyright laws.

In a statement on its website, ISOHunt president Gary Fung explained that the company decided to launch its own suit after numerous legal threats from the CRIA.

He explained that ISOHunt is a search engine for BitTorrent sites and links posted by users, but that it doesn't store any of the content, nor work directly with those sharing the files.

"None of the pieces of files exchanged over BitTorrent pass through our servers," Fung's statement says.

He explains that the files are exchanged over external person-to-person networks and that ISOHunt serves cached links to those files.

"Some of these files maybe copyright infringing, some aren't."

Last week in court, ISOHunt's lawyer demonstrated to the judge that Google can be used to find all kinds of legally questionable files that can also be found through ISOHunt.

He argued that the only difference is that ISOHunt is used specifically to find BitTorrent files, while Google searches for all file types.

Fung's statement said he does not wish for his websites or search engines to infringe others' rights.

The CRIA had argued that the petition by ISOHunt should be converted to a full court case. The court agreed last week, and both sides are now getting ready for a long court battle.

"It's disappointing to see CRIA wanting to unnecessarily complicate our well defined petition in attempt to bog us down with time and money through messy discovery and in the process the court's time too," Fung wrote on the site.

ISOHunt is also embroiled in a legal dispute in the U.S. against the Motion Picture Association of America.

Court proceedings there have been underway for more than a year.

Comments are now closed for this story

Kneeguy
said

Sour grapes.


Bosco
said

Like it or not, it is almost impossible to stop pirating of software and files. This has been going on since the first home tape recorders were marketed. Perhaps its time to find a new way to ensure people get paid up front and stop trying to stop what can't be stopped.


Marc Trenton
said

Ok, this is completely absurd, they just opened a can of worms. If you can search online content then someone out there made it available to everyone. You can't plead ignorance and say that copyright material shouldn't be accessed when it's readily available. That's like putting a 1carat diamond ring on the sidewalk and saying no one can touch it. of course someone will take it. That's just plain negligence. What a waste of the justice system's money.


Zand
said

Ugh.

For real?

I understand copyright laws etc. but seriously, there's a way around everything, and if these think folks are using google to find copyrighted material, they are sorely mistaken.


RICHIE
said

The record and film industries are BROKEN. In 2008, Trent Reznor of Nine Inch Nails gave his album away for free and still made $700,000. He wanted to make a DVD to give away for free but his old record company who owns some of his songs won't let him. What a joke, these people are the equally as pathetic as the morons at GM or at the NYSE... If you consistantly raise the price of products and they get worse and worse in quality, people are going to find a way to cut you out, you can't try to punish them.


Bob McG in Lewisporte, NL
said

Always, someone, somewhere claims they have invented the perfect mouse-trap!!!!


DANIEL H
said

The solution is simple. The recording industry should drop the prices of CDs and DVDs to a reasonable profit level according to the cost of production which these days is Infinitesimal compared to the days of 45 and LP records. Then people would be buying much more than they do now. There will still be a small amount of pirating because some people refuse to pay for something they can get for free or next to nothing.


Jim
said

"I understand copyright laws etc. but seriously, there's a way around everything, and if these think folks are using google to find copyrighted material, they are sorely mistaken."

Just because you don't know how to do it does not mean it isn't done. It's a breeze with google.


John Calgary
said

Let's close the libraries down! Does a library purchase multiple licenses in order to provide copyright protected books to multiple readers? Who puts this material on the web? Not Google. To say they make it available is to say a city hall makes copyright material available through a library. Isn't that "file sharing"?


Bitter Torrent
said

It is ridiculous how the music and film industry structured its pay system. Once the music is recorded, or the film is "in the can" the ONE CHECK should be issued for the artists work at $70.00 per hour (The same as GM and Chrysler workers)
and then the recording company gets the cash from the sales. If someone wants to share online--great!


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