According to Judge Wilson’s opinion and order shutting down Isohunt and some new life rules for the defiant Isohunt founder Gary Fung (a/k/a “Defendant”), “It is axiomatic that the availability of free infringing copies of Plaintiff’s works through Defendant’s websites irreparably undermines the growing legitimate market for consumers to purchase access to the same works.”
It is extraorinary that so many bureaucrats want “proof” that massive theft causes damages, and yet so many courts accept it as “axiomatic”. Napster, Aimster, Kazaa, Grokster, Limewire, now Isohunt. How many more do they need?
Maybe this is because judges actually look at the record and actually want justice. Is someone in some government someplace going to stand up and tell the bureaucrats that the causation is axiomatic?
Here’s a question for Gary Fung: Is there air conditioning at United States Penitentiary, Leavenworth, Kansas?
Was any member of the professoriate standing shoulder to shoulder with Fung when he was condemned? No, it’s kind of like that great line from Alice’s Restaurant: They all moved away from me on the bench.