In a nineteen-page response to a lawsuit filed by the MPAA and the major Hollywood studios, Torrentspy suggested in the motion to dismiss that the plaintiffs may as well sue Google for infringement.
Attorneys for Torrentspy likened the service to that of Google when it comes to finding BitTorrent files. Their response cited several cases, including the Supreme Court’s infamous decision in MGM v Grokster.
The defense noted how users of either Google or Torrentspy who look for torrent files must also access a “torrent tracker,” which manages the distribution of files. “There is no allegation that defendants’ website manages file distribution like a tracker,” the response said.
Further into the response, the defense observed how there were no specific allegations of unauthorized downloads from Torrentspy. Attorneys believe they know the reason why this is the case:
The absence of allegations of specific unauthorized downloads in the complaint is not inadvertent: rather, it is part of an improper complaint that purports to impose presumptive liability on an Internet service provider for failure to investigate whether Internet materials offered by some third parties for other third parties to download were authorized for distribution by the copyright owner.
Google’s search for “downloads” of copyrighted works like “Batman Beyond” returns links to legal downloads and infringers, the defense observed. This makes Torrentspy no different than Google in their view.
MGM v Grokster appears later in the complaint, used in reference with the defense’s opinion that Torrentspy did not copy, reproduce, or distribute any copyrighted work. To be covered under Grokster, Torrentspy would have had to commit some “actual infringement.”
“The complaint fails to allege any actual infringement whatsoever,” the motion said. The case has been scheduled for May 8, 2006, in US District Court for the Central District of California.
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David Utter is a staff writer for Murdok covering technology and business.
