A week after a U.S. court denied a motion to dismiss the charges against Kickass Torrents owner Artem Vaulin, his lawyers have replied in a new brief that accuses the government of again failing to prove the shuttered site’s owner had committed any copyright infringement.
Last month’s motion to dismiss argued that websites like Kickass Torrents are "devoid of content files," rather, "KAT is nothing more than a search engine, no different in any material way from Google and other popular website search engines." It went on to say that "such files contain textual information assembled by automated processes and do not contain copyrighted content."
U.S. Attorney Zachary Fardon responded several weeks later, rebuffing the search-engine analogy and arguing that torrent sites are inherently harmful to rights holders. "These indexed files enabled users to obtain copyrighted content from other users, including from the defendant’s own servers," Fardon said. "KAT therefore functioned like a flea market for infringing movies, television shows, video games, music, and computer software."