isoHunt Defeat in California Court Signals Wrong Strategy
hat a mess. Fung’s been at this a while, though thanks to a personal encounter with him a number of years back I was left with the distinct impression the BitTorrent movement could use a better advocate. (He came off as arrogant kid drunk on the attention his website garners rather than the responsible business advocate this article casts him as.)
Regardless, and however much I disagree with the court’s ruling, the fact remains that the legality of torrent advertising will continue to lose to the long-standing precedents set by earlier findings in favour of copyright. The existence of Torrents won’t change that — albeit true that what we’re seeing is the first application of law against the effect of a technology over the technology itself. And I don’t think this legal angle has been tested; partly because it’s a harder argument to make (however valid) and because legal professionals tend not to understand how computers work.
Get over that hurdle, and I think courts in the US (and soon in Canada thanks to a new anti-Torrent law about to be passed here) will start to rule in favour of Torrent host operators.