Combatting Bittorrent Protocol

8/8/2019 Combatting Bittorrent Protocol

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Combating Bittorrent Protocol

Balazs SzemesPh.D. Student of

Legal Faculty, University of Pecs

29th

November 2008


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Introduction and Major Topics

If we want to talk about law concerning technology,we must talk about technology itself as well

Brief History of File Sharing

File sharing from a network viewpoint

Defining Bittorrent

Bittorrent and Net Neutrality

Three major reactions of Rightholders

Parting thoughts


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Brief Overview of Illegal ContentDistribution

Introducing the Darknet concept, and 'Footnet'

Centralized networks, downloading using FTP

Involving users in spreading content: Direct Connect(DC++), Audiogalaxy, KaZaa, etc.

Fully decentralized networks: eMule, Gnutella

An open, simple file sharing network: Bittorrent

Earlier versions have not perished! (warez networksstill functioning, playing major part)


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Network viewpoint of file sharing

Early network: university mainframes, end-to-end Server-client architecture

Passive and active roles strictly separated

Non always-on connections required it (ie. Dial-in)

Return of end-to-end connections (often called p2p),multiple uses:

Instant messaging (ie. Jabber XMPP)

VOIP, Video over IP Online gaming

Gtalk: IM, Video-oIP, File sending

Microsoft Office Groove: p2p collaboration using desktop office

It iis irrelevant for the network what the transferred data is, uses thesame TCP/IP, UDP/IP packets


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Introducing Bittorrent I.

Made by Bram Cohen

Reqs: website fordistributing .torrent files

Tracker for managingconnections

Client software

Disambiguation

Not covered: Bittorrent.com website

'Bittorrent' client

Bittorrent company

Only Bittorrent protocol ismentioned (so Bittorrentalways refers to theprotocol in thispresentation)


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Introducing Bittorrent II.Legality

No content on tracker

.torrent files onwebserver

.torrent files contain ahash of original content

The original content

cannot be reproducedfrom the hashes

Files on clients'computers

Some files can legally beredistributed

FLOSS

CC

Public domain

Allowed by rightsholder


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Reaction to Bittorrent:Copyright Holders and ISPs

From the ISPs' viewpoint

Bittorrent users generates

more traffic than usualusers

Bittorrent is problematicon some networks

Cable networks WLAN, net trough mobile

networks

Copyright holders

Sue (the users)

Block (Bittorrent via ISPs)

Compete (by providingservices worth paying for)


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Bittorrent and Net Neutrality

Every ISP manages its network

Question of discrimination: different apps andprotocols behave differently (so should they be treatedthe same way?)

Prioritizing: 'real-time' apps (low latency req.)

Differentiating based on content should not be allowed

Problems of imperfect (last mile) market

Transparency needed, special problems of verticalmonopolies

Questions of network and copyright should be

separated


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Sue(Reaction of Rightsholders I.)

RIAA campaign in theUS (against KaZaa)

No real decisions yet

Costly

Negative publicity

Problems of providingproof

IP addresses are notpersonal Ids (ie. NAT)

Providing actualinfringements

Bittorrent even moreproblematic

Small pieces only from a

single user

No IDs of users

No usernames

Closed trackers

Effective suing of userswould requiring retoolinglegal processes(elimination of courts and

due process)


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Block (the 'French way')(Reaction of Rightsholders II.)

Main aim: try to force users off the net

Bypassing the court system, making ISPs copyrightcops (and quasi courts and making them carry out thedecision as well)

Breaching an independent contract for copyrightenforcement purposes

Problems

Identifying copyrighted content, and that the copying takingplace is illegal

Effective remedies against false claims

Rejected by most countries (and by EP and Ministers

Council as well)


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Compete(Reaction of Rightsholders III./a)

Taking illegal downloading as a form of competition(therefore offering a worse, more expensive and more

restrictive option is not effective) Identifying and providing possible plus services,

offering advantages

The current strife between legal norms and reality

(conducts of persons) leads to new, innovative options Some extremely monopolistic markets are less prone

to change

Leading agents are mostly IT-related, or smaller actors


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Steam: the future of PC gaming(Reaction of Rightsholders III./b)

Created by Valve (publisher of games, ie. Half Lifeseries)

An unbiased marketplace for PC games (not tilted

toward Valve) Personal accs, DRM, must be logged in to play games

bought there, therefore

Rejecting 'copy' logic, embracing 'license' logic

Can install on multiple machines

Can delete and reinstall later

Offering advantages (ie. automatic patching; onlinecommunity, chat; online multiplay options)


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NiN: Independent Music distribution(Reaction of Rightsholders III./c)

Nine Inch Nails US music band, Trent Reznor

Last two albums released without major publisher

Both under CC-by-nc-sa

Ghosts:

First disc put up to Pirate Bay (used as marketing)

The others sold in a variety of forms (including vinyl)

Made at least a few million dollars

The Slip

Offered fully free before a major concert tour

In a number of formats (mp3, Apple lossless, FLAC)

Distribution costs minimized by Bittorrent


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Parting Thoughts

Changes in tech brought changes in copyright

ie. printing (minor change compared to digitization)

First intent was trying to limit the new tech (by royal privileges)

Failed, because of some Scottish lowlifes, thus copyright wasborn

Yet copyright has not been changed yet

License versus copy

Making copyright a public law (instead of private law) Moral rights and big business

Bittorrent is neither the first, nor the last nor the onlyway of copyright infringement


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Thanks for the attendance

Reach me at: [email protected]

Background by Nine Inch Nails (from Ghosts pdf booklet,available under CC-by-nc-sa 3.0 US)

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Combatting Bittorrent Protocol

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