“Fung submits that, in a serious miscarriage of justice in a landmark case, he has been wrongfully denied trial by jury and found liable by judges on disputed facts through application of erroneous legal standards,” Fung’s attorney, Ira Rothken, wrote the 9th U.S. Circuit Court of Appeals late Wednesday. In a bid to acquire a jury trial, Rothken asked the appeals court to rehear the case with a larger panel of judges, in what is known as an en banc panel.
The appeals court had ruled that isoHunt, and Fung’s related sites, TorrenTBox and Podtropolis, unlawfully pointed the way to free movies, music, videogames and software that were copyrighted and not authorized for Fung to help distribute. The court said Fung had so-called “red-flag” knowledge of the infringement, and didn’t take enough steps to rectify it.