combatting bittorrent protocol
TRANSCRIPT
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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)
Any Questions?