MPAA Has a Hard Time Proving Copyright Violations in Court

by Irma Arkus

According to CNET, MPAA is facing a court decision in San Francisco where the judge isn’t buying the position of copyright violations by filesharers of IsoHunt.

IsoHunt, one of largest torrent search engines operating in Richmond, British Columbia, has been targeted by lawsuits. Now that the Pirate Bay Four trial has concluded in favour of the plaintiffs, primarily composed of lobby groups including MPAA, the move on the part of associations was to take down as many torrent sites available.

But the San Francisco case isn’t moving favorably, as the judge presiding over the case stated that MPAA lawyers have not presented direct evidence of copyright infringement by IsoHunt users.

Currently, it is established that what users do with content after visiting IsoHunt is unknown and undetermined, and that the visiting of site or torrent download does not necessarily translate into a copyright violation.

This certainly does not directly tie IsoHunt to the very act of copyright violation. However, during the Pirate Bay Four trial, a much different strategy was implemented, one based on “copyright infringement assistance” after which it was ruled that the torrent site is “assisting” users to infringe upon copyrights.

Isohunt attorney Ira Rothken seeks a jury trial based on a novel approach, the merits of the torrent search site: “I believe there has not been a single case in U.S. law where there has been a decision on the merits of a Torrent search engine.” [CNET