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Summary:

Los Angeles-based District Court judge Stephen Wilson issued a permanent injunction against the torrent indexing site Isohunt.com and its owner Garry Fung yesterday, giving Fung pretty much no choice but to shut down Isohunt or make it otherwise inaccessible for U.S.-based file sharers.

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Judge Stephen Wilson of the US District Court of California, Southern District issued a permanent injunction against the popular torrent site Isohunt yesterday, forcing the site and its owner Garry Fung to immediately prevent access to virtually all Hollywood movies.

The injunction theoretically leaves the door open for the site to deploy a strict filtering system, but its terms are so broad that Isohunt has little choice but to shut down or at the very least block all U.S. visitors. Fung could be held in contempt of court if he doesn’t comply with the injunction, and he could possibly be thrown into jail.

The MPAA’s member studios had sued Isohunt in 2006. Judge Wilson sided with the studios in December, issuing a summary verdict that found Isohunt guilty of inducing copyright infringement. Isohunt responded to the verdict by redirecting U.S.-based users to a slimmed-down site that’s meant to resemble the layout and features of a search engine like Google. Wilson now found that this is not enough. From the verdict:

“Defendants’ proposed ‘primal’ or ‘lite’ website contains all of the same indexing and searching functions as the original websites, only with a different interface for the users to operate.”

The verdict also mentions that Isohunt clocks about 2.5 million unique monthly visitors from the U.S. alone.

So what can Isohunt and Fung do to comply with the injunction? The verdict states that they have to cease “hosting, indexing, linking to, or otherwise providing access to any (torrent) or similar files” that can be used to download the studios’ movies and TV shows. Studios have to supply Isohunt with a list of titles of works they own, and Isohunt has to start blocking those torrents within 24 hours.

However, we’re not just talking about a simple DMCA-like takedown procedure. Isohunt has to actively prevent those titles from being traded in the future, and even filter out any metadata that could suggest or encourage infringement. The decision helpfully supplied a list of terms that are a no-no, including DVD Rips, Cam, Telesync, and Screener.

The injunction also bars Fung and his company from “soliciting or targeting a user base generally understood, in substantial part, to be engaging in infringement of, or seeking to infringe, Plaintiffs’ Copyrighted Works.” In other words: Isohunt would have to stop catering to file sharers, which is essentially the same as saying it has to cease operations.

Isohunt hasn’t said yet how it intends to respond to the injunction.

Related content on GigaOm Pro: The Quest to Monetize File Sharing (subscription required)

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  1. US court orders Isohunt to close « Reality Bytes Friday, May 21, 2010

    [...] NewTeeVee Digital Media [...]

  2. 美国法院:RapidShare无罪,IsoHunt必须关闭 | eMule fans 电骡爱好者 Friday, May 21, 2010

    [...] 参考:newteevee.com [...]

  3. Hazna.lt iTech | Isohunt gets a permanent injunction; may have to close down Saturday, May 22, 2010

    [...] newteevee.com reports that Isohunt, a popular torrent site, was issued a permanent injunction by US Judge Stephen Wilson of the District Court of California, Southern District. The injunction forces owner Garry Fung to immediately block access to most copyrighted content. Judge Wilson is the same Judge that ruled in favor of studios in a 2006 lawsuit against Isohunt that forced Fung to build 'Isohunt lite", a smaller, less robust version of the site that US users were redirected to. Wilson's response to the 'lite' version was easy to predict: "Defendants’ proposed ‘primal’ or ‘lite’ website contains all of the same indexing and searching functions as the original websites, only with a different interface for the users to operate.”  [...]

  4. IsoHunt Forced to Shut Down in the US | We R Pirates Saturday, May 22, 2010

    [...] a list of banned keywords and remove torrents that match items found on it. This injunction has now become final, meaning that the site has to start filtering or close down in the [...]

  5. P2PTalk » IsoHunt Forced to Shut Down in the US Saturday, May 22, 2010

    [...] a list of banned keywords and remove torrents that match items found on it. This injunction has now become final, meaning that the site has to start filtering or close down in the [...]

  6. US Court : Isohunt has to close us operation « SYSTEMA Saturday, May 22, 2010

    [...] ( TF ) ( Newteevee [...]

  7. IsoHunt Forced to Shut Down in the US – Teh7 Saturday, May 22, 2010

    [...] a list of banned keywords and remove torrents that match items found on it. This injunction has now become final, meaning that the site has to start filtering or close down in the [...]

  8. Federal Court Issues Permanent Injunction For Isohunt | JetLib News Saturday, May 22, 2010

    [...] against the popular torrent site Isohunt yesterday, forcing the site and its owner Garry Fung to immediately prevent access to virtually all Hollywood movies. The injunction theoretically leaves the door open for the site to deploy a strict filtering [...]

  9. US laws dont apply to Canada , like during the prohibition age , your stupid corporate controling laws dont apply to Canada so please stay the f… away and let us enjoy freedom since your puppet goverment dosent hold majority yet in here.

    go and download an iso just for the sake of it. *

  10. IsoHunt issued permanent injunction, will likely shut down in U.S. | Iphone India Saturday, May 22, 2010

    [...] to do so, as Fung could be held in contempt of court if any unauthorized files are found uploaded. This leads many to assume the site will shut down, at least to all U.S. [...]

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