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Record Labels Sue isoHunt for Millions of Dollars

A group of 26 major record labels have sued the owner of Canadian BitTorrent site isoHunt for allegedly facilitating copyright infringement on a massive scale. Through this lawsuit the labels hope to shut down the isoHunt website while receiving over 4 million dollars in punitive damages to compensate for their claimed losses.

isohuntThese are rough times for isoHunt, one of the largest BitTorrent search engines on the Internet. After losing a long standing legal battle against the US movie industry a few months ago, isoHunt is now up against 26 major record labels in its home country Canada.

The record labels – including the ‘Big Four’ of Sony, EMI, Warner and Universal – have sued Gary Fung and his company, who own and operate the torrent sites isoHunt, Podtropolis and TorrentBox. The labels claim that these torrent sites and thus their owners, facilitate copyright infringement on a massive scale.

“The isoHunt Websites have been designed and are operated by the defendants with the sole purpose of profiting from rampant copyright infringement which defendants actively encourage, promote, authorize, induce, aid, abet, materially contribute to and commercially profit from,” the court filing reads.

“The defendants and users of the isohunt websites act together, in and part of a file-sharing community, to reproduce and distribute plaintiffs’ sound recordings and other copyright content,” the record labels add.

Through this lawsuit the labels hope to permanently shut down isoHunt and Fung’s two other sites. In addition they are asking the British Columbia Court for statutory damages for each of the listed recordings (over 200 in total), which adds up to well over $4 million.

What is further unique about such a massive lawsuit is that while it was filed in May last year, no one picked the news up until today. At this stage it is unclear why the record labels haven’t chosen to make more noise about this through the press.

TorrentFreak asked isoHunt founder Gary Fung for a comment and he told us that the lawsuit is identical to the counterclaim the record companies filed in the suit isoHunt filed against them in 2008. Isohunt sued the record labels in an act of self-defense at the time, asking the court to legalize its operations.

The current lawsuit shows several similarities to the legal proceedings between isoHunt and the MPAA. In that case the U.S. District Court of California issued a permanent injunction against BitTorrent search engine isoHunt in May last year.

The court ordered the owner of isoHunt to start censoring the site’s search engine based on a list of thousands of keywords provided by the MPAA, or cease its operations entirely in the U.S. The filter was soon implemented (for US visitors) and prevents a list of film related phrases from showing up in the search results.

IsoHunt is currently appealing the ruling in the MPAA case and will undoubtedly fight the lawsuit against the record labels as vigorously.

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  • Anonymous

    Money hungry record labels. Die already. It’s about time you went extinct.

    • Dingo_RG

      I agree… these bloodsuckers are not necessary anymore… these record labels are redundant, obsolete and dispensable.

    • Dingo_RG

      I agree… these bloodsuckers are not necessary anymore… these record labels are redundant, obsolete and dispensable.

      • Anonymous

        isohunt.com=208.95.172.130

        in case sum shit go down…

        • liquidmonkey

          everytime they sue, i seed another 100 copies of EVERYTHING!!

    • TRUTH

      Piratebay will make sure of this

    • Someguy

      Without record labels we’d be a bit short of music.. I wouldnt say “Die” more of adapt sounds suitable..

      • Johnny

        Short of cheap commercial crap music maybe. Real music, the stuff not shoved down people’s throats, will do fine without the current major record labels.

        Hell, the average quality of music would probably improve without them.

        • Anonymous

          Kinda like Canada’s CRTC! Quality of ISP lines and competition would improve w/o them! :)

      • Momo

        That’s nonsense, believe me. There are tens of thousands of unsigned musicians out there, making better quality music than most of the generic, untalented Biebers and Gagas working under the labels. You know, the kind of musicians who are more music than image — you can find most of these online, trying to beat the industry’s marketing by providing real value to their fans.

        • watching

          Precisely..Go to Youtube and type in Sam Tsui.. you will be greatly rewarded.. every video that group of people produce is 10 x better than most of the originals. They also made a couple of originals and they are viewed by millions ;)

        • Jill

          I did go to Youtube and found Sam Tsui and I did not like him

      • Momo

        That’s nonsense, believe me. There are tens of thousands of unsigned musicians out there, making better quality music than most of the generic, untalented Biebers and Gagas working under the labels. You know, the kind of musicians who are more music than image — you can find most of these online, trying to beat the industry’s marketing by providing real value to their fans.

      • Momo

        That’s nonsense, believe me. There are tens of thousands of unsigned musicians out there, making better quality music than most of the generic, untalented Biebers and Gagas working under the labels. You know, the kind of musicians who are more music than image — you can find most of these online, trying to beat the industry’s marketing by providing real value to their fans.

      • Ninja

        Oh no, they aren’t needed. You can find plenty of free music. And you’ll find yourself willing to pay. I think they had enough time to get real and evolve. Since they refuse to do that it’s about time they die a painful death. As painful as it was for the ppl they ruined their lives.

      • Randomnetuser

        Record labels dont make music they just distribute it and own distributing rights!

    • Charlesbeet

      Understand torrent sites, want to make some serious money look at
      .
      http://www.SuperAffiliateMarketing101.com

      • Anonymous

        Spam. Pay some dude money and than he will tell you how to make money…

    • http://www.facebook.com/jordan.kratz Jordan Kratz

      i agree it is time for these dinosaurs to go extinct.
      fuck the mafiaa
      do not ever give them money just buy their products used

    • Janos

      I’d like to see this place shut down too. I loathe P2P and torrents. You’ve killed ents worldwide. Well done.

  • Guest

    Gary Fung FTW

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  • HemiHarz

    Amen. Although I understand why corporate fat-cats don’t want to go down, I really wish they would just go down. They can try to prolong their existence, but they ARE going to die out, eventually. The world changed around you. Time to move on, and stop making others suffer you greedy douchebags.

  • HemiHarz

    Amen. Although I understand why corporate fat-cats don’t want to go down, I really wish they would just go down. They can try to prolong their existence, but they ARE going to die out, eventually. The world changed around you. Time to move on, and stop making others suffer you greedy douchebags.

  • frogle

    “or cease its operations entirely in the U.S.”

    huh?.Is isohunt based in the us?.What operations do they have there?.Can someone clarify?..

    • Anonymous

      Their website is accessible in the US. Without a filter they should have blocked all US visitors.

      • frogle

        Or else what?.Maybe I’m missing something Ernesto but if the servers/admins aren’t in the us they can’t be compelled to do anything.

      • Sakura

        So be it. If I were isoHunt I’d had already blocked all US traffic and when an IP from there tries to get to the site, redirect it to a blank screen saying “Thanks to YOUR courts our site is inaccessible to you. Go bitch your government” or something. Leave the rest of the world live in peace.

        But as they say, what if isoHunt doesn’t comply? The US would block isoHunt themselves?

        • Lothor The Evil

          The U.S. would fine them thousands of dollars a day until they block access to America. Something along those lines.

        • Lothor The Evil

          The U.S. would fine them thousands of dollars a day until they block access to America. Something along those lines.

        • http://www.facebook.com/people/Sean-Mcintier/1146574107 Sean Mcintier

          They Should redirect US visitors to the TPB home page :)

        • http://theelitist.net/ Xeross

          +1

    • Anonymous

      Their website is accessible in the US. Without a filter they should have blocked all US visitors.

  • frogle

    “or cease its operations entirely in the U.S.”

    huh?.Is isohunt based in the us?.What operations do they have there?.Can someone clarify?..

  • XxNWOxX

    Hopefully isoHunt can fight them off. Goodluck!

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  • Walrus

    Let them block the US. Another reason to have a VPN….. Everyone who shares should have one anyway.

    • re

      VPN alone is not enough, use peerblock to block ALL the USA ips

  • Dingo_RG

    quote from article:
    “What is further unique about such a massive lawsuit is that while it was filed in May last year, no one picked the news up until today. At this stage it is unclear why the record labels haven’t chosen to make more noise about this through the press.”

    ————–

    Because this would generate so extreme bad publicity for the record labels that the people would stop buying their obsolete products, in demostration of protest and as a solution for eliminating these obsolete companies which are against the young people, and the record labels know this reality very well…

  • Dingo_RG

    quote from article:
    “What is further unique about such a massive lawsuit is that while it was filed in May last year, no one picked the news up until today. At this stage it is unclear why the record labels haven’t chosen to make more noise about this through the press.”

    ————–

    Because this would generate so extreme bad publicity for the record labels that the people would stop buying their obsolete products, in demostration of protest and as a solution for eliminating these obsolete companies which are against the young people, and the record labels know this reality very well…

  • Canadian

    As a Canadian, I can’t wait to see how this will play out in Canadian courts. Something the labels should consider is that, for the moment at least, Canadian courts are not into the habit of handing out huge fines.

    One example (although unrelated to file sharing) where the owner of a major investment firm was forced to pay 50,000$ in compensation to the EX PRIME MINISTER OF QUEBEC in a defamation suit. The firm Lafferty, Harwood had compared the former politician to Adolph Hitler in a note sent to thousands of investors.

    Funny thing is that Lucien Bouchard spent in excess of 100,000$ in this suit and got 50K$ in return.

    Ok, I know it’s totally unrelated to file sharing but I think it shows clearly that the music industry is delusional in their expectation of getting 4 million $ in compensation when the ex leader of a nation only gets 50K$ for being slandered throughout the financial community of the Country.

    My take on it: Either the court will rule that Isohunt is just a search engine and acquits them OR they are found guilty and get a suspended sentence and pay 15,000$ in damages plus 200 hours of community service. There is no way in hell the fat cats of the industry will ever get anything close to 4 million $.

    • Jacksimm

      Quebec has premiers not prime ministers and bouchard the traitor was not premier of any nation that I am aware of. You should change your name to whiny have not Quebeker asking for the rest of the country to give him a free ride.

      • Grima

        I fail to see how ur comment is in any way constructive, so what if that guy doesnt know more about quebec politics, in fact most of us anglos know nothign of quebec its our lost.

        • Jacksimm

          Just pointing out someone’s lies. Kind of like we do here when the MAFIAA tries to round up people for not doing anything wrong. Lies have to be stopped wherever the source.
          Obviously “Canadian” really isn’t Canadian or else he would know who the Prime Minister of our country really is. Anyway, this is off topic so I will stop posting about this now.

          Have a good day.

        • Temp

          Quebec is a French speaking province and the politician who is at the head of the province is called a “Premier Ministre” which translate exactly as “Prime Minister”. So Lucien Bouchard is a former Prime Minister whenever you like it or not.

          Also, Quebec is a nation since, well in addition that successive provincial governments have always considered this as stating the obvious, the federal government also voted in favor of recognizing Quebec as a nation a few years ago. So next time you question someone’s citizenship, try not to appear completely clueless and misinformed in the process.

        • Jacksimm

          Fuck you, traitor.

        • Temp

          We all appreciate your valuable opinion, just try to not cry yourself to sleep tonight, ok?

        • Asd

          Of course the inept Quebecois politicians would retain a title like “Premier Ministre”. They are so deluded that they really believe they could survive as their own nation within the borders of Canada…

          Quebec TRIED to secede and was smacked right down because they wanted to secede with TONNES of caveats like keeping the CANADIAN Airforce jets which were stationed in Quebec.

          Quebec is not a nation. Its “leaders” whined until the House of Commons decided to give them symbolic status since they couldn’t manage to win a referendum to secede after holding two of them and being caught in a scandal due to disqualifying many ballots.

          Sovereignist governments have held referendums on independence in 1980 and 1995; both were voted down by voters, the latter defeated by a very narrow margin. In 2006, the Canadian House of Commons passed a symbolic motion recognizing the “Québécois as a nation within a united Canada.”[12][13]

          On October 27 [1995], Bloc Québécois leader Lucien Bouchard’s office sent a press release to all military bases in Quebec, calling for creation of a Quebec military and the beginning of a new defence staff in the event of Quebec’s independence.[13] Bouchard declared that Quebec would take possession of Canadian air force jet fighters based in the province.[14]

          Controversy subsequently arose over whether the scrutineers of the Chomedey, Marguerite-Bourgeois and Laurier-Dorion ridings had rejected numerous ballots without valid reasons, mostly by being overly strict on what marks voters could use to indicate their choices (for instance, rejecting ballots with check-marks or “X”s that were crooked, too large, made with a pen instead of a pencil, etc.). In these ridings the “No” vote was dominant, and the proportion of rejected ballots was 12%, 5.5% and 3.6%.[21][22] In the riding of Chomedey, an average of 1 of every 9 ballots were rejected.[23]

          Quebec is a joke thanks to its “leaders”

          Fuck that selfish shite Bouchard and fuck the separatists.

          The PEOPLE get the short end of the stick every time.

        • Asd
        • Asd
        • Asd

          Of course the inept Quebecois politicians would retain a title like “Premier Ministre”. They are so deluded that they really believe they could survive as their own nation within the borders of Canada…

          Quebec TRIED to secede and was smacked right down because they wanted to secede with TONNES of caveats like keeping the CANADIAN Airforce jets which were stationed in Quebec.

          Quebec is not a nation. Its “leaders” whined until the House of Commons decided to give them symbolic status since they couldn’t manage to win a referendum to secede after holding two of them and being caught in a scandal due to disqualifying many ballots.

          Sovereignist governments have held referendums on independence in 1980 and 1995; both were voted down by voters, the latter defeated by a very narrow margin. In 2006, the Canadian House of Commons passed a symbolic motion recognizing the “Québécois as a nation within a united Canada.”[12][13]

          On October 27 [1995], Bloc Québécois leader Lucien Bouchard’s office sent a press release to all military bases in Quebec, calling for creation of a Quebec military and the beginning of a new defence staff in the event of Quebec’s independence.[13] Bouchard declared that Quebec would take possession of Canadian air force jet fighters based in the province.[14]

          Controversy subsequently arose over whether the scrutineers of the Chomedey, Marguerite-Bourgeois and Laurier-Dorion ridings had rejected numerous ballots without valid reasons, mostly by being overly strict on what marks voters could use to indicate their choices (for instance, rejecting ballots with check-marks or “X”s that were crooked, too large, made with a pen instead of a pencil, etc.). In these ridings the “No” vote was dominant, and the proportion of rejected ballots was 12%, 5.5% and 3.6%.[21][22] In the riding of Chomedey, an average of 1 of every 9 ballots were rejected.[23]

          Quebec is a joke thanks to its “leaders”

          Fuck that selfish shite Bouchard and fuck the separatists.

          The PEOPLE get the short end of the stick every time.

    • Momo

      That case you talk about is a libel case, totally different from copyright.

      $4m isn’t really that much, and the labels are probably relying on political pressure to get their ruling. With the C-32 bill in the works, the US keeps telling Canada that its copyright laws are weak (they aren’t!), and I’ll bet the lobbyists are pointing their fingers at isohunt as proof.

      But since isohunt keeps being sued out of existence, that’s proof Canada has some really strict copyright laws.

      The damn lobbyist cockroaches need to be hanged, drawn and quartered. If it were just us vs. the labels in a free market, they’d be dead already — governments should stfu and let things take their course.

    • falardeau

      He should move all his servers to Montreal, and he could be protected under the anti-SLAPP bill.

  • Toysoldier

    Someone should sue the record labels for price fixing. Then demand compensation on behalf of every single individual, ever being forced to pay their fixed prices on every album, cd, dvd etc. sold around the globe.

    • lauren

      This has happened before for music cd’s. Class-Action CD Lawsuit Ends in Refunds of $13.86 http://lnk.co/E964W I did receive a check from them for $16 at the time so maybe some people got different amounts..

    • lauren

      This has happened before for music cd’s. Class-Action CD Lawsuit Ends in Refunds of $13.86 http://lnk.co/E964W I did receive a check from them for $16 at the time so maybe some people got different amounts..

  • Gordon Smith

    Haha, isn’t Isohunt a “Bit Torrent search engine.” They should also sue Google for “allegedly facilitating copyright infringement on a massive scale.”

    • Bob

      Blah Blah Blah…..Change the record pleaseeeee

    • Ninja

      That’s old but true. When they decide to sue Google things will get ugly.

  • PEAC

    Go Gary Fung. Beat those bastards.

  • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

    Just a thought and bear with me on this. There was a case years ago in the UK relating to the Automobile Assoc (AA). The Assoc was set up due to a group of motorists being fed up of Police Speed traps (they also provided roadside breakdown services). The AA staff wore armed forces style uniforms one of the services to their members was that if one of their mobile staff spotted a speed trap the member of staff would park ahead of the trap and salute all cars carrying an AA membership badge to worn the drivers of the speed trap ahead. The police grew wise to this and took the AA to court for obstructing a Police Officer in the line of duty.

    The AA simply changed the protocol to saluting when their wasnt a trap. This time the police took them to court and lost as they couldnt prove anything based on a negative (the AA staff could simply have not seen the member’s car or been otherwise ocupied).

    Currently the goons are tryying to close down torrent search sites. If Torrent clients move to DHT/hashes and clients modified to have a hash block list. The site could then argue that it provides a compliant service by identifying infringing content for law abiding users to add to their block lists so as to not inadvertantly upset the MAFIAA (I will refrain from using their term of ‘break the law’ as it is a civil matter no matter what emotive spin they put on it.

  • Bob

    I hope Fungy chops fucks there arse….Hard an deep….Go Gary…. Go Gary….Make em Bleed…..

  • Bob

    @ Don Dilly

    You sir…..Are a penis.!!!

    • Marcus

      Grow up.

    • arky

      Well a wanker like you should know what a penis looks like.

      See what I did there? One full stop, amazing!

      • Bob

        Well a penis like ‘Arky’ should know what a ‘Wanker’ looks like. He only has to look in the mirror.
        See what i did there? …(just for you ‘Arky’).. Loadsa full stops…..amazing!

        • Bob

          Bob = retard

          disregard what I said

        • Bobjermah

          your not bob, im bobe

          arky=retard

  • The Paladin Of Thruth

    Indeed, this is a veritable ‘grand coup’, as they say, to the illegal file-sharing mass as a whole. For once IsoHunt, arguably one of the most pervasive and widespread sites for that purpose, is taken down, the inevitable scatter will leave an opening which can — and I, no doubt correctly, assume, will — be exploited by the companies to legitimately seek and receive reparations. The honest and fair-minded among us must certainly rejoice in this news!

  • Kirkpad

    Ironically, they likely would have taken the music off if the “Big Four” all filed DMCA takedown requests.

  • http://www.facebook.com/eric.boehm Jack Murdock

    I can understand people’s desire to stick it to the man.. But the ideas regarding record labels are very misguided. People seem to love blaming the record label since blaming the artist wouldn’t look as good, but the fact of the matter is that there wouldn’t be any music without the recording label.

    Isohunt is going to have a hard time defending itself. They didn’t even make the slightest attempt to respect copyright law. They have made it painfully clear that they have sanctioned rampant infringement. I don’t think the “I didn’t know” thing is gonna work here. I mean, you would be hard pressed to find content on isohunt which ISN’t copyrighted.

    • Renwallz

      You’re absolutely right. Before the record labels existed, there was no such thing as music. It took the guiding light of honest, hard working music executives to bestow upon this world the blessing of musical entertainment. Without their undoubtable skill and talent, musical artists wouldn’t be able to write their own name, let alone a song.

      And this is still true today, I’m sure. But the detractors create lies to argue against the truth. They claim things like “Creative Commons”, “Indie Music” etc. They say that music doesn’t need the bloated overhead of an outdated system fighting it’s own inevitable extinction.

      However, as you said so perfectly: “[T]he fact of the matter is that there wouldn’t be any music without the recording label.”

      • Jack Murdock

        Ok sorry Ima jack ass

      • Ninja

        Renwallz, epic sarcasm.

      • lol

        lolololololol

    • puddi puddi

      bra, there’s been music long before the record companies lulz! I’m pretty sure there’s been some sort of music before we even developed languages. And at this moment, music needs record companies less than ever. That’s right, music can now be distributed at $0 cost, with um…… oh yea, bittorent! Some smart ones are even starting to adopt to this technology (humble indie bundle got $10 outta me). You sir, have no idea whats going on.

    • Dingo_RG

      Imbecile,

      IsoHunt doesn’t have any obligation to obey a foreign and UNCONSTITUTIONAL law that nothing has to do with Canada.

    • Donotreply

      Poor misguided Jack, perhaps you should pay a visit to this here website about the history of copyright and see the light:
      http://questioncopyright.org/promise

      I believe you could use that as a starting point for some research [no a MAFIAA propaganda site is not a reputable source for research data] about copyrights and how misguided/brainwashed you are atm.

      Maybe I’ll be lucky enough for it to open your eyes and see the truth behind copyrights, make proper and factual posts on the issue in future and learn about how these MAFIAA related companies have been pulling the wool over our eyes and stifling change, development and growth of human society to satisfy their greed for money with the guise of copyright and ‘protecting the artists’ (how much of that money has actually reached the artists I wonder =/ ).

      Also, if your a corporate shill hired to spam this site, could you kindly send the below message to your bosses:

      To MAFIAA,

      Quit selling us out.

      Regards,
      Humanity
      (well a large majority of it I’d hope =) ).

      Until you have done your research (or homework if your so inclined), please don’t make any more posts presenting false statements as copyright facts on this website.

      ————-
      Yeah I know other readers; this person will most likely ignore this post and continue to spam the site but you can’t blame me for trying to correct this persons posts in a civilized (more than I can say about MAFIAAs actions) manner.

      fwiw: I don’t do torrents but I don’t condone MAFIAAs (and related groups) actions and/or their business model. I’d more than welcome a “pay what you think this is worth” model so long as the artist/musician/etc actually gets paid (more than reasonable as opposed to the current Middleman cancer we pout with atm).

    • pp

      obvious troll is obvious

    • Face Palmer

      “there wouldn’t be any music without the recording label”

      You may or may not be an idiot, but, certainly, that was an idiotic thing to say.

    • Lothor The Evil

      Obvious Jack-Ass is obvious.

    • Anonymous

      “the fact of the matter is that there wouldn’t be any music without the recording label.”

      HAHAHAHAHAHAHAHA!!

      This, folks. This right here is how arrogant and delusional the labels are. This is why they must die.

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  • Foff

    First of all there is no content on isohunt only torrent files. Anyway there was another site that was similar to isohunt that blocked all us based ip’s. It was pretty big but I think it pretty much died after that.

    I think isohunt ought to shut down and tell them f off and open in another country. In other words do the pirate bay on the f’ers.

    Jack I have news for you there was music long before labels. Ever heard of classical music? Anyway the industry is pissing in the wind no matter what they do as long as the internet exists we will find a way to get what we want. No artist is likely to make any money from recordings off of me. I bought enough when I was younger and I will be damned if I am going to keep buying the same crap every time a new format comes out.

    So labels sue until you are blue in the face but no more dough for you suckers.

  • fuck cria

    cria robbing artist of 6 billion dollars since 1980s and still wanting for more

  • Autonomous

    “Statutory damages”

    As defined by which law, in which Country?

    I fail to see how, unless those damages are defined in the country from which ISOHunt operates, they have any relevance at all.

  • Anonymous

    LOL, the record labels are idiots.

    http://www.anon-toolz.edu.tc

    • Ultimate Privacy Is A Scam

      Stop spamming your shitty vpn

      You are a complete idiot!

  • http://twitter.com/Seshan Seshan

    “the sole purpose of profiting from rampant copyright infringement”
    What happens if these sites became a non profit organization? Is that possible?

  • Gl

    Good luck.

  • http://pulse.yahoo.com/_IZ5BM5GNLA54OADSWGSXAMA7SY Jay

    Wow… It’s like Isohunt can’t catch a break… The labels just want to break him.

    • Ninja

      Much like WikiLeaks. They tried it with TPB, they tried to strangle and take it down. If Gary is smart we’ll see another legend being born.

      I do hope MAFIAA succeeds in failing epically yet again. TPB is a good example.

    • Ninja

      Much like WikiLeaks. They tried it with TPB, they tried to strangle and take it down. If Gary is smart we’ll see another legend being born.

      I do hope MAFIAA succeeds in failing epically yet again. TPB is a good example.

  • http://www.facebook.com/eric.boehm Jack Murdock

    Foff : The technical details don’t change anything. Clicking on a torrent triggers automatic transfer of files just like any other download (http for example.) Who cares. If you care so much about sematics, we can just say that “almost all of the torrents on isohunt are for copyrighted material.” People go to sites like isohunt to get things that they would ordinarily have to pay for. That’s the whole point.

    Sure, there was music before record labels, but there was no such thing as CD sales and there wasn’t the issue of touring either. A record label handles all that so the artists don’t have to.

    I doubt that is true. People have been downloading everything they want for so long, they have forgotten about everything else. I think suing single mother for $4 million is stupid, but when jail terms start getting handed out, people are going to think twice before starting new torrent sites. They aren’t hardened criminals and most likely, most of the sites will shut down to avoid convictions.

    Donotreply : Couldn’t that just as well be called anti copyright propaganda? I read it (well most of it) and it’s just the same stuff we have heard before. “Payment should be voluntarily.” It completely neglects the importance of compensating the artist. No one would do anything based on the idea that they MIGHT get paid for it. I don’t understand how any one could actually propose this. For a group of people who claim that today’s business paradigm of garunteed payment is outdated, possible payment is a giant step backwards and a lunactic’s fantasy at best. You wouldn’t invest your time and money in something if there was only a 50% chance or something that you would get compensated. No one would.

    People seem to have forgotten that the consumer plays an undeniably vital role in any business transaction. Without fair reparations, the creator can no longer make a living for themselves and continue to provide the products/services to the consumer. I mean, this is so simple. Just because you aren’t removing a physical product from the creators, doesn’t mean that there are no consequences to your actions. The fact that people are handing out copies to each other is very similar to physical theft. The only difference is who does the work. In the case of shoplifting, the physical CD is made in a factory and when someone steals it, they simply take it without paying for it. When someone “fileshares” something, they take it without paying for it, only the copy isn’t made in a factory, but created via someone’s internet connection. Either way, you fail to provide the creators of the work with their rightful compensation for consuming their work. The physical and the digital copy are ultimately identical in value. The physical CD is only a container for the digital format.

    • Anon

      “The technical details don’t change anything.”

      Yeah, we wouldn’t want to get “technical” or anything when examining why people are being thrown in jail or fined millions of dollars. It just “feels right.”

    • Anon

      “The technical details don’t change anything.”

      Yeah, we wouldn’t want to get “technical” or anything when examining why people are being thrown in jail or fined millions of dollars. It just “feels right.”

    • me

      Dude you are factually wrong on so many levels and in so many ways, whilst I respect your right to an opinion (even tho it would appear to be paid for) you also need to respect this is a pro-filesharing blog. Making false statements and crapping on is not going to change a thing.
      At the end of the day the world is a constantly changing place the music labels & Hollywood studios need to understand this and evolve, they not only refuse to do so but are actively fighting change, so they will die.
      This is my opinion please respect it.

    • Donotreply

      “No one would do anything based on the idea that they MIGHT get paid for it. I don’t understand how any one could actually propose this. For a group of people who claim that today’s business paradigm of garunteed payment is outdated, possible payment is a giant step backwards and a lunactic’s fantasy at best. You wouldn’t invest your time and money in something if there was only a 50% chance or something that you would get compensated. No one would.”

      Not every signed recording artist actually makes a profit at all (they are sometimes lucky to break even with album costs that swallow up the initial payment they initially had when signing the thing) as opposed to the gross amounts of money the labels cash in from the back of their hard work.

      http://www.zeropaid.com/news/89880/new-band-signs-on-to-major-record-label-where-does-all-the-money-go/

      http://www.negativland.com/albini.html

      As you can see, sticking to the dinosaur system of signing with a recording label has left many an artist seeking fame and fortune (usually you don’t a record deal unless your aim is to make money) hung and dry with little money for their talents (while glossing over issues of how the recording labels DICTATE for us what is and what is not talented music).

      We’ve already tried out the old method (recording labels) and as you can see it’s simply not working for everyone concerned [well besides the recording labels that is] so why not try the alternative with a “pay as you go” system.
      I know I’d more than welcome it as ‘a 50% chance or something that you would get compensated’ with money changing hands between consumers and creators as there would most certainly be a better than getting from 0 to bugger all via a recording contract.

      Another interesting query to the whole content creators argument; have you ever asked someone who creates, prints, records or films a multimedia product (or even made a website) “why they do it”?

      While I may not know that many creative people; I do know that some do it because they enjoy it (ever heard of the word “hobby”?), others with some noble cause of enriching society (informative books, websites that help people build computers, Open Source software like Linux [not everyone wants to pay Microsoft for a copy of windows] ).

      Casting further afield to people I would never have a chance of crossing paths with; you could find people with time and skills willing to volunteer them for a noble cause (never met any from this Doctors Without Borders/Médecins Sans Frontières (MSF) – http://www.doctorswithoutborders.org/aboutus/ ) or a myriad of other such reasons (some more selfish than others [Religion and that pang of guilt of not doing enough good deeds before departing dear old planet Earth for some] ) that no one but themselves could understand.

      In short; not all are “in it for the money”, looking for fame or something materialistic so why should we assume that just because someone like Beiber (now this was funny: http://torrentfreak.com/justin-bieber-movie-pirates-deserve-at-least-3-years-in-jail-110212/ ) releases a movie or someone else releases a product for profit that every other person who also releases a movie, a piece of music, writes a book (etc) is looking to grease their palms as well?

      Yes it costs money, time and skills to create some such multimedia (movies especially) I acknowledge that (and I’m sure everyone else reading this post agrees with that) which might make some people hesitant about making a big budget movie but surely there are alternative ways to fund a movie:
      http://torrentfreak.com/the-tunnel-buy-a-frame-of-a-bittorrent-only-horror-movie-100617/

      Alternatives would be to set a smaller budget on a product and ‘test the waters’ with it to see if making a sequel is actually a worthwhile event (I don’t know about you but I’m kind of tired of the whole franchising thing with movies these days).
      Yes there will be some losses in the more niché genres (not everyone will watch stuff catering to the more computer literate than the average social networking site and email user) but good quality products would have a good chance of covering the time and money that has gone in to create it (and those who released it not with the intention of making money could always donate it to charity easily enough).

      Sure I might not have covered all the issues and problems that would need to be ironed out with such a ‘voluntary user pays as much as they want’ system but with a little work and contribution by people more intelligent than I (a consumer and hobbyist writer [and no I don't count web posts as part of my writing hobby fwiw] amongst other things) I’m sure we could hammer out a little something to ensure those responsible for making the products that keep us Informed, Entertained or Educated (and persuade to a lesser extent regarding the bane of commercialism: advertising) are compensated fairly for their time and money spent in creating such works [surely enough people enjoyed the movie to cover the costs for it's production, no?].

      Finally, how about the people writing all these comments. Surely we all didn’t come here, spend a bit of time typing these posts and submitting them with the expectation of being paid for them [I know I certainly haven't].

      “The physical CD is only a container for the digital format.”

      Another thing to argue about right here, when you buy a product you buy a license to use it. So another thing I’d like to ask, why in buying the copy of a movie on a VHS should I have to pay for another copy of the same license (same rights of use etc) on a DVD or Blu-Ray?

      Yes work does go into restoration work (up converting or whatever else needs to be processed) but surely us people with a copy of the same movie in the older format shouldn’t have to pay the same amount for the product as people buying a license to use it for the first time (people grabbing that Blu Ray off the same shelf for the same price who never had a copy on VHS or DVD) .

      • Ninja

        And what about when you don’t have a Blu-ray, don’t want a Blu-ray and the content is only available in Blu-ray? Ahem.

        The “Physical CD” issue goes deeper than that. When you have a digital file the cost of the components is reduced to a few cents for the bw and electricity when you replicate it. And yet you see almost no difference from physical to digital costs. In my country it’s worse, digital tracks are MORE EXPENSIVE than the physical thing.

        There was a movement by the labels here, they changed the acrylic packs to hard paper stuff for the physical CDs and cut the final price by 40%. The increase in CD sales was pretty nice, from what I’ve heard from shop owners. But the digital tracks are more expensive. Their prices are higher than the CDs before the price cut.

        As we can see there are ways to increase sales despite any piracy or file sharing. In my case, I’m avoiding physical stuff now except for my top artists simply because it’s easier to keep digital files (space wise) and all my gadgets, from the radio in my car to the dvd player. And I’m sure digital format for other content will work wonders (with processing power going steadily up even movies can be encoded in efficient formats such as x264 to save time and bw without losing much quality).

        But MAFIAA can’t expect to stop file sharing as much as they can’t expect to stop me from lending my stuff to my friends and vice versa. It’s inevitable. And even if I download/borrow something it doesn’t mean a lost sale. I’ve just read the Eragon trilogy from my friends and I’m buying the books – by Mr Murdoc’s and MAFIAA’s logic I should be a lost sale since I “downloaded” the book from my friend. I can perfectly watch a movie and decide to buy it later. And I can perfectly live without any content if they tighten their grip over file sharing too much. Either way they aren’t getting more money from me by bashing file sharing. But they will get less if they eventually stop it.

        This long comment (and reply to the ones above) just takes us to the central point: even if they manage to close down isohunt, what are they expecting to accomplish? They ruined Napster, what have they accomplished with that? Napster was something everybody loved and MAFIAA’s actions created a lot of hatred and bad publicity towards them. Again, what are they trying to accomplish?

      • Ninja

        And what about when you don’t have a Blu-ray, don’t want a Blu-ray and the content is only available in Blu-ray? Ahem.

        The “Physical CD” issue goes deeper than that. When you have a digital file the cost of the components is reduced to a few cents for the bw and electricity when you replicate it. And yet you see almost no difference from physical to digital costs. In my country it’s worse, digital tracks are MORE EXPENSIVE than the physical thing.

        There was a movement by the labels here, they changed the acrylic packs to hard paper stuff for the physical CDs and cut the final price by 40%. The increase in CD sales was pretty nice, from what I’ve heard from shop owners. But the digital tracks are more expensive. Their prices are higher than the CDs before the price cut.

        As we can see there are ways to increase sales despite any piracy or file sharing. In my case, I’m avoiding physical stuff now except for my top artists simply because it’s easier to keep digital files (space wise) and all my gadgets, from the radio in my car to the dvd player. And I’m sure digital format for other content will work wonders (with processing power going steadily up even movies can be encoded in efficient formats such as x264 to save time and bw without losing much quality).

        But MAFIAA can’t expect to stop file sharing as much as they can’t expect to stop me from lending my stuff to my friends and vice versa. It’s inevitable. And even if I download/borrow something it doesn’t mean a lost sale. I’ve just read the Eragon trilogy from my friends and I’m buying the books – by Mr Murdoc’s and MAFIAA’s logic I should be a lost sale since I “downloaded” the book from my friend. I can perfectly watch a movie and decide to buy it later. And I can perfectly live without any content if they tighten their grip over file sharing too much. Either way they aren’t getting more money from me by bashing file sharing. But they will get less if they eventually stop it.

        This long comment (and reply to the ones above) just takes us to the central point: even if they manage to close down isohunt, what are they expecting to accomplish? They ruined Napster, what have they accomplished with that? Napster was something everybody loved and MAFIAA’s actions created a lot of hatred and bad publicity towards them. Again, what are they trying to accomplish?

      • Ninja

        And what about when you don’t have a Blu-ray, don’t want a Blu-ray and the content is only available in Blu-ray? Ahem.

        The “Physical CD” issue goes deeper than that. When you have a digital file the cost of the components is reduced to a few cents for the bw and electricity when you replicate it. And yet you see almost no difference from physical to digital costs. In my country it’s worse, digital tracks are MORE EXPENSIVE than the physical thing.

        There was a movement by the labels here, they changed the acrylic packs to hard paper stuff for the physical CDs and cut the final price by 40%. The increase in CD sales was pretty nice, from what I’ve heard from shop owners. But the digital tracks are more expensive. Their prices are higher than the CDs before the price cut.

        As we can see there are ways to increase sales despite any piracy or file sharing. In my case, I’m avoiding physical stuff now except for my top artists simply because it’s easier to keep digital files (space wise) and all my gadgets, from the radio in my car to the dvd player. And I’m sure digital format for other content will work wonders (with processing power going steadily up even movies can be encoded in efficient formats such as x264 to save time and bw without losing much quality).

        But MAFIAA can’t expect to stop file sharing as much as they can’t expect to stop me from lending my stuff to my friends and vice versa. It’s inevitable. And even if I download/borrow something it doesn’t mean a lost sale. I’ve just read the Eragon trilogy from my friends and I’m buying the books – by Mr Murdoc’s and MAFIAA’s logic I should be a lost sale since I “downloaded” the book from my friend. I can perfectly watch a movie and decide to buy it later. And I can perfectly live without any content if they tighten their grip over file sharing too much. Either way they aren’t getting more money from me by bashing file sharing. But they will get less if they eventually stop it.

        This long comment (and reply to the ones above) just takes us to the central point: even if they manage to close down isohunt, what are they expecting to accomplish? They ruined Napster, what have they accomplished with that? Napster was something everybody loved and MAFIAA’s actions created a lot of hatred and bad publicity towards them. Again, what are they trying to accomplish?

    • http://www.facebook.com/doctorhoo32 Jim Daisy

      i have no problem paying to download content. the problem i have is being asked to pay the same as would in a retail store..

    • Tomas

      People do all kinds of things with less than a 50% chance of getting something back.

      Ever started your own business? There is no guarantee of ever making a single penny when you decide to go into business by yourself. Ever heard of this little thing called “Google”? Those guys created a new search engine technology on the mere *hopes* that they would later be able to sell it. When they tried to sell it, nobody was interested, so they ran it for themselves with NO GUARANTEE OF EVER MAKING A RETURN.

      Do you have a IPhone? Android phone? Visit the app store and tell me how many apps are being given away for free. Hundreds upon thousands. These are people who have put work into something, not with a small chance of return, but with no possible ability to gain any return. I’ve released Android apps for free myself, just through the pure pleasure I get from being a developer and crafting something others can enjoy. I’ve actually had people email me and offer to pay for one of my more successful free apps because of the *quality* of what I have produced.

      Music could benefit from the same ideal. I’m in no doubt that if I offered an optional payment system I would make money on what I produce.

    • Haklaf

      “For a group of people who claim that today’s business paradigm of garunteed payment is outdated, possible payment is a giant step backwards and a lunactic’s fantasy at best. You wouldn’t invest your time and money in something if there was only a 50% chance or something that you would get compensated. No one would. ”

      “guaranteed payment” isn’t todays business paradigm.
      It is not guaranteed in the slightest that anyone will buy your CD.

    • Haklaf

      “For a group of people who claim that today’s business paradigm of garunteed payment is outdated, possible payment is a giant step backwards and a lunactic’s fantasy at best. You wouldn’t invest your time and money in something if there was only a 50% chance or something that you would get compensated. No one would. ”

      “guaranteed payment” isn’t todays business paradigm.
      It is not guaranteed in the slightest that anyone will buy your CD.

    • Haklaf

      “For a group of people who claim that today’s business paradigm of garunteed payment is outdated, possible payment is a giant step backwards and a lunactic’s fantasy at best. You wouldn’t invest your time and money in something if there was only a 50% chance or something that you would get compensated. No one would. ”

      “guaranteed payment” isn’t todays business paradigm.
      It is not guaranteed in the slightest that anyone will buy your CD.

    • Haklaf

      “For a group of people who claim that today’s business paradigm of garunteed payment is outdated, possible payment is a giant step backwards and a lunactic’s fantasy at best. You wouldn’t invest your time and money in something if there was only a 50% chance or something that you would get compensated. No one would. ”

      “guaranteed payment” isn’t todays business paradigm.
      It is not guaranteed in the slightest that anyone will buy your CD.

    • Anonymous

      “Clicking on a torrent triggers automatic transfer of files just like any other download (http for example.)”

      Fail

      I can download hundreds of torrent files without downloading the actual copyrighted file. It is not until i load the torrent file in a torrent program myself that i make a possible infringement. The fact that you can automate the process yourself, does not make it an automatic infringement. I can send the torrent file (which is a link)
      to my friend without ever downloading anything. We can send it to the whole world without infringing anyone’s rights. No one has to actually load it. If i send you a http link by email does not mean i am infringing. And it does not mean that you have to click on it or download it.

      It is because you want to stay ignorant to the differences that you keep making a fool of yourself. Infringement is a civil court case. And you can not even sue someone for it in all countries. Mostly because they already pay a fee to MAFFIA on blank or recording media. I pay them if i buy a hard disk or mp3 player.

  • http://twitter.com/reeboker Patrik Falta

    for gods fuck saje, rec labels are short on money and need to gain from p2p services? somebody wake me up please :(

  • Grima

    All of you just remember that Canadian courts have indeed stated that sharing music online is not against the law. It was Konrad von Finckenstein, the current chair of the CRTC (Canadian Radio-television Telecommunications Commission) who, As a judge, Finkenstein held that uploading music tracks over the Internet is not in itself a violation of Canadian copyright law. On top of that, Canada does not have a Copyright LAW per say since Copyright exists solely in statute. A statue might not hold as much water in court as a LAW would.

    Also remember that the framework of the Canadian copyright laws dates back to 1921, although it was amended in 1988 and 1997 to extend copyright protection to computer software, the Canadian copyright law does not cover electronic exchanges (sharing or trading) of copyrighted material. The only way you can successfully sue a Canadian for trading digital media on the internet is if the media is sold, meaning that you actively trade the media for cash.

    Funny note, the New York Times has published an editorial complaining about “Canadian music pirates” “Flooding the USA with the latest copyrighted songs”. The article goes on to state that the American music industry’s sales had fallen 50%”. the obvious implications are that Canadian pirates will kill the American music industry…

    The date of the article is June 13, 1897

    Lastly, the Canadian copyright act stipulates that: “Where
    (a) there is more than one work or other subject-matter
    in a single medium, and
    (b) the awarding of even the minimum amount referred
    to in subsection (1) or (2) would result in a total
    award that, in the court’s opinion, is grossly out of
    proportion to the infringement,
    the court may award, with respect to each work or other
    subject-matter, such lower amount than $500 or $200,
    as the case may be, as the court considers just.”

  • Grima

    Ok, now that I have read throughout the Canadian Copyright Act, I come to the following conclusions:

    1) There are no provisions in the Act that covers “facilitating copyright infringement”.
    2) In Canada, the only way to infringe copyright is to “Distribute, rent or sell a copy, recording or fixation of a work protected by copyright or of a communication signal.
    3) Are also prohibited public performances for profit.

    As far as I can tell, Isohunt has never had any of the infringing works in its possession, meaning that they could not sell, rent or distribute something that they do not have.

    The Canadian copyright act only deals with infringement that requires the possession, distribution, performance or importation of the copyrighted works.

    My take is that if Isohunt has a good enough lawyer, it should be easy to show the court that their activities were legal or at least not prohibited by any law, act or statute actually enacted in Canada.

  • Grima

    This has been discussed on Canadianlawyermag.com back in 2009, the article clearly states that Isohunt is not in breach of Canadian copyright laws:

    Link : http://www.canadianlawyermag.com/isoHunt-copyright-appeal-rejected.html

  • This

    and they sue him in the usa
    lesson dont deal anything with the usa any more any one.

    the retards are hell bent on economic terrorism of all your nations

  • James Tie

    who are the 26 “major” labels? i didn’t know there were that many.

  • stinkpipe

    Frank Zappa(god rest his soul) just enjoy what we make he once said. it is no good trying to fight the ass wipe record industry owners(after all, these people do not actually make the things they are suing us all for, they only own the artists work, and as they have payed inflated prices for their products they feel they need to get decent returns for their shareholders, instead of owning up to the fact that they screwed up and over payed for the company they now have on their books, with the borrowed money they are paying inflated interest to the banks for))))
    i better start paying ford every time i buy a secondhand car. i better start paying the artists every time i think about a classic song and start humming it, copyrighted humming contracts need to be agreed and signed are you listening you music artists, you heard it here first.ha ha ha

  • Gae

    Sure they can take isohunt down, all that will happen is tpb will get more traffic.

  • RIAA/MPAA = Dumb Greedy Fucks
  • Whatever

    The reason for the 4 million is that they probably wanted to recover some the costs of their own 30 years of piracy settlement. With 4 million they already have almost 10%.

    They do this now that they have settled their own massive piracy efforts for a few peanuts so they can’t be called hypocritical (at least they think that way).

    Everyone should remember that they still owe 6 BILLION to artists in Canada alone.

    An idea would be that everyone with some audio tracks who used isohunt to get it should send their pending lists to Gary Fungs lawyer or the court as evidence that everyone keeps a completely legal pending list administration (And all with pending lists can SELL those tracks and wait the next 30 years to pay a few bananas).

    To get rid of the MAFIAA, the MAFIAA needs to be boycotted completely. Even if you like a MAFIAA artist, most of the money paid is directly funding your own prosecution. Those that buy (i mean license) what they like from the MAFIAA are part of the problem in this case. (Paying anything from friendly and independent artists would be no problem).

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  • bob

    Today I’ve given 20$ to Isohunt. I could have buy a CD or a DVD, but I decided to stop buying any CD and DVD starting now. The record label can persecute torrent indexer only because peoples give them money ! They are so so dumb. Now they wont get any of my money until they die or change the way they do business.

  • http://www.facebook.com/jhborden James H Borden

    I farted and smell burnt toast…….does that mean i’m having a seizure?

  • http://www.facebook.com/jhborden James H Borden

    I think if anyone sells something that belongs to someone else that is a problem in any walk of life for anything it is called stealing on the other hand all if your cool with stealing then do it personally I use torent sites to preview games just as I would for a demo and if I like it I buy it. Because with shady advertising and over hyping a product and then delivering crap that needs to be patched over 2 years (Paradx Interacive) in order to have a playable game . I don’t download music because all new music is crap goota love Korn and Metallica and the old Dogg Pound Warren G Nate Dogg shit :) Peace my brother from different motha’s!

    • Anonymous

      Stealing means the owner no longer has his product (that does not happen when you make a copy). One can not sue for lost of potential profit because that would make lending someone a book a crime. Or even telling someone that there is another store selling a comparable product.

      And it’s: …brothah from anothah motha. Which is only funny when they sound the same and you are a black man living in the 80′s.

  • keifa

    Question: Why should IsoHunt, which is based in Canada, care about lawsuits from companies based in the US?????
    Anybody?

    • http://www.facebook.com/jhborden James H Borden

      Those are canadian branche just like walmart canada or sony canada even ea uk ea vancouver ea us blah blah blah

    • http://www.facebook.com/jhborden James H Borden

      Those are canadian branche just like walmart canada or sony canada even ea uk ea vancouver ea us blah blah blah

  • Guest

    Consumers around the world should unite and demand moneyback for the billions of dollars spent on uninspiring, soundalike, remakes, covers, more remakes and covers product produced by these parasitic companies! And Sony, how did this mofo of a company got away with crippling linux on PS3 without a single lawsuit! Damn them all to hell!!!

  • http://reguligence.biz Emil A. Georgiev

    Following the legislation we have in place, there cannot be another judicial outcome. IsoHunt will lose also this legal battle.

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  • Mikg08

    to me torrents is like radio, but more personalized choice of what you like to listern to, and the annoying DJ, as gone, well in some places . So it is new wood, but there are those who like to hold on to old wiood and don’t like to put the win in new skins, or new bottles, so give the room to torrent and be gratefull, instead of fighting over who got more sweets, there are real injustices i going on.

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  • Jew Murdocwitz

    Oy gevalt! This isohunt site is worse than the hollycaust!
    You can’t have music without Jew producers, you schmuck!

  • sa1sa

    f**k them all!!! why pay?trillions of dollars to various corporations???Life on earth is free! freedom of information! free WORLD !!!

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  • http://musikpromotiononline.se Johnny Riot

    Dont really care what happens with torrent sites. Its worse when “normal” users are threated to pay millions.

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  • Andrew

    Good luck stopping piracy. Even if the record labels manage to shut down all torrent sites, rapidshare etc., people will still pirate. There are many methods of pirating music that are unstoppable like downloading music videos from YouTube and converting to mp3, recording the radio, ripping friends’ CDs, distributing pirated mp3s by sneakernet…

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