Viacom leaned heavily on the IsoHunt ruling, to claim that the DMCA doesn’t just cover takedown notice responses, but also requires a response to “red flag” infringement. Google argues that as long as YouTube took down any content it received a takedown notice on, it was in compliance and protected by safe harbors. This was the key issue in the YouTube/Viacom lawsuit. That is, it highlighted the idea of “red flag” awareness of infringement. What was really notable about the original IsoHunt ruling, was that it was the only real legal ruling that said that you could violate the DMCA even in absence of takedown notices. Google’s participation here is entirely about the YouTube/Viacom lawsuit and appeal. While TorrentFreak (and IsoHunt) seems surprised or disappointed by Google’s actual amicus brief in the IsoHunt case, it’s really not surprising. Google, of course, has stayed away because it goes to great lengths these days to avoid any appearance of “supporting piracy.” In the past, other torrent search engines have been somewhat upset that Google has stayed quiet, noting that many of the arguments used against them could equally apply to Google. TorrentFreak is noting that Google has, perhaps for the first time, waded into any of the lawsuits concerning torrent search engines, filing an amicus brief in the ongoing IsoHunt appeal. Mon, Feb 21st 2011 04:07pm - Mike Masnick
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