It’s not like the MPAA is going to run into the shadows with its tail tucked between its legs but US District Court Judge Stephen Wilson served notice to the organization that it hadn’t proved that torrent site Isohunt has broken any US laws.
The lawyers for the MPAA have been trying to convince the judge that Isohunt had encouraged and contributed to the infringing activity of the site users. The judge has given the MPAA until September 15 to file any briefs to convince him that Isohunt that any direct infringement by users who live in the US.
While the MPAA has been silent on the judge’s decision the lawyer for Isohunt, Ira Rothken, thinks that the MPAA lawyers are going to have a hard time providing specific examples of infringement happening in the US.
“Our view is that it would be difficult if not impossible,” Rothken said, “to be able to trace any direct infringement to the users of the Isohunt’s site in a manner that would hold Isohunt responsible for the infringing conduct. I think the judge’s order will hopefully demonstrate to the court that Isohunt, besides lacking knowledge of direct infringement, can’t possibly be held liable for users conduct, especially since any such conduct occurs after they leave the site.”
Rothken is hoping to argue Isohunt’s case before a jury, something that no other BitTorrent sites have managed to do.
