This is essentially the plaintiffs' (Columbia Pictures' et. al.) memorandum of Points and Authorities in Support of Summary Judgement on Liability. Essentially it captures the main arguments of the plaintiffs in Columbia Pictures v. Gary Fung (IsoHunt), a recent development in the bittorrent context. Essentially the plaintiffs claim that the whole purpose of the "Fung websites" is to facilitate and provide users with the ability to search for ".torrent" files which link to trackers hosted on various computers and servers that contain actual content files like movies, etc. Also, plaintiffs maintain that "torrent" files in themselves have no purpose but to link to actual content files. The plaintiffs say that there had been done an "unrebutted" statistical study which showed that "95%" of all the torrents on the "other fung sites", which work hand-in-hand with the main IsoHunt site, are links to copyrighted material. Also important, is the plaintiffs counter to the defendant's (Gary Fung) claim that the Grokster case doesn't apply because unlike in the Groster case IsoHunt does not distribute any product. The plaintiffs' argument is that this claim is invalid because the Grokster case had nothing to do with it being a product as opposed to a service, but rather the fact that the Grokster "induced and promoted" active infringement which thus made Grokster liable for contributory infringement.
This document is crucial to my research paper. It is the only recent legal document, and at the same time a primary source, directly related to my research thesis of whether government can/should shut down sites like www.IsoHunt.com. I plan to use virtually all of the arguments presented by the plaintiffs in my research paper. By weighing these arguments with various other sources (copyright law, DMCA, Grokster case, Fung's Affidavit) I'll be able to reach some kind of a conclusion in regards to my thesis.
tagged bittorrent columbia_pictures_v_fung copyright_culture copyright_infringement engl_105 filesharing gary_fung grokster indirect_liability_copyright_infringement internet_service_providers isohunt napster p2p piracy search_engines by pmekler ...on 24-NOV-08
This is a chapter from the U.S. code pertaining to copyright. For the purpose of my research paper only sections 502 & 504 are being focused on.
Section 502 deals with remedies for copyright infringement, specifically injunctions, and is subdivided into two parts. The first one makes it legal for courts to "grant temporary and final injunctions on such terms as it may deem reasonable to prevent or restrain infringement of a copyright." This can be interpreted that courts may rule however is necessarry and within power in order to prevent occurrences of copyright infringement. The second part of section 502 says that any court in the United States, having jurisdiction of the relevant parties, may serve any injunction as described in part a. It also says that once an injunction is served it shall be operative in and shall be enforceable by the United States.
Section 504 deals with damages and profits stemming from copyright infringement. Essentially it provides the legal grounds for an infringer to be financially liable for the copyright owner's actual damages and any additional profits made by the infringer, attributable to the copyrighted work.
These pieces of law are important for my research because they provide the legal grounds for a government or appropriate agencies to go after copyright infringers. Furthermore they provide legal grounds for any theory of indirect liability for infringement; specifically in those cases when an online service provider such as IsoHunt makes profit in the form of advertisement revenue much of which can be attributed to the popularity of copyrighted content found using the service.