Legal issues with BitTorrent

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Legal notice provided upon an initial startup of the QBittorrent client. Qbittorrent-legal-disclaimer.png
Legal notice provided upon an initial startup of the QBittorrent client.

The use of the BitTorrent protocol for the unauthorized sharing of copyrighted content generated a variety of novel legal issues. While the technology and related platforms are legal in many jurisdictions, law enforcement and prosecutorial agencies are attempting to address this avenue of copyright infringement. Notably, the use of BitTorrent in connection with copyrighted material may make the issuers of the BitTorrent file, link or metadata liable as an infringing party under some copyright laws. [1] Similarly, the use of BitTorrent to procure illegal materials could potentially create liability for end users as an accomplice.

Contents

BitTorrent files can be seen conceptually as a hyperlink. However, it can also be a very specific instruction for how to obtain content on the internet. BitTorrent may transmit or include illegal or copyrighted content. Court decisions in various jurisdictions have deemed some BitTorrent files illegal.

Complicating the legal analysis are jurisdictional issues that are common when nation states attempt to regulate any activity. BitTorrent files and links can be accessed in different geographic locations and legal jurisdictions. Thus, it is possible to host a BitTorrent file in geographic jurisdictions where it is legal and others where it is illegal. A single link, file or data or download action may be actionable in some places, but not in others. This analysis applies to other sharing technologies and platforms.

Jurisdictional variations

Legal regimes vary from country to country. BitTorrent metafiles do not store copyrighted data and are ordinarily unobjectionable. Some accused parties argued that BitTorrent trackers are legal even if sharing the copyrighted data in question was a copyright violation. [2] Despite these arguments, there has been tremendous legal pressure, usually on behalf of the MPAA, RIAA and similar organizations around the world, to shut down BitTorrent trackers.

Finland: Finreactor

In December 2004, Finnish police raided Finreactor, a major BitTorrent site. [3] [4] Seven system administrators and four others were ordered to pay hundreds of thousands of euros in damages. The defendants appealed the case all the way to the Supreme Court of Finland, but failed to overturn the verdict. [5] Two other defendants were acquitted because they were underage at the time, but were held liable for legal fees and compensation for illegal distribution ranging up to 60,000 euros. The court set their fine at 10% of the retail price of products distributed. [6]

Hong Kong: individual actions

On 24 October 2005, BitTorrent user Chan Nai-ming (陳乃明), using the handle 古惑天皇 (The Master of Cunning, although the magistrate referred to him as Big Crook) was convicted of violating copyright by uploading Daredevil , Red Planet and Miss Congeniality to a newsgroup (Chapter 528 of Hong Kong law). [7] The magistrate remarked that Chan's act significantly damaged the interest of copyright holders. He was released on bail for HK$5,000, awaiting a sentencing hearing, though the magistrate himself admitted the difficulty of determining how he should be sentenced due to the lack of precedent. On 7 November 2005 he was sentenced to jail for three months, but was immediately granted bail pending an appeal. [8] The appeal was dismissed by the Court of First Instance on 12 December 2006 and Chan was immediately jailed. On 3 January 2007, he was released pending appeal to the Court of Final Appeal on 9 May 2007.

In 2008 and 2009, an unidentified woman and man were arrested for illegally uploading files with BitTorrent in September 2008 and April 2009, respectively. [9] [10]

Singapore: Odex actions against users

Anime distributor Odex actively took down and sent legal threats against individual BitTorrent users in Singapore beginning in 2007. These Internet users allegedly downloaded fansubbed anime via BitTorrent. Court orders required ISPs to reveal subscribers' personal information. This led to cease-and-desist letters from Odex to users that led to out-of-court settlements for at least S$3,000 (US$2,000) per person. One person who received such a letter was 9 years old. [11] [12] These actions were considered controversial by the local anime community and attracted criticism, as they were seen by fans as heavy-handed. [13]

Slovenia: Suprnova

In December 2004, Suprnova.org, a popular early BitTorrent site, closed purportedly due to the pressure felt by Andre Preston, aka Sloncek, the site's founder and administrator. In December 2005, Sloncek revealed that the Suprnova computer servers had been confiscated by Slovenian authorities. [14]

Sweden: Pirate Bay

The Pirate Bay torrent website, formed by a Swedish anti-copyright group, is notorious for the "legal threats" section [2] of its website in which letters and replies on the subject of alleged copyright infringements are publicly displayed. On 31 May 2006, their servers in Sweden were raided by Swedish police on allegations by the MPAA of copyright infringement. [15] The site was back online in less than 72 hours, and returned to Sweden, accompanied by public and media backlash against the government's actions. [16] Steal This Film, was made to cover these incidents. [17] On 17 April 2009, as a result of the trial following the raid, the site's four co-founders were sentenced to one year of jail time each and to collectively pay 30 million SEK in damages. [18] All the defendants appealed the decision, although two later served their sentences. In 2012, to minimize legal exposure and save computer resources, The Pirate Bay entirely switched to providing plaintext magnet links instead of traditional torrent files. [19] As the most popular and well-known facilitator of copyright infringement, The Pirate Bay continues to shift between different hosting facilities and domain registrars in the face of legal prosecution and shutdown threats. [20] Telenor was recently forced to ban the DNS of TPB (although other cloud based clones still are available).

United States: 2003–present

Soon after the closure of Suprnova, civil and criminal legal actions in the United States began to increase.[ citation needed ]

MPAA cease and desist messages

In 2003, the Motion Picture Association of America began to send cease and desist messages to BitTorrent sites, leading to the shutdown of Torrentse and Sharelive in July 2003. [21]

LokiTorrent

In 2005, Edward Webber (known as "lowkee"), webmaster of LokiTorrent, was ordered by a U.S. court to pay a fine and supply the MPAA with server logs (including the IP addresses of visitors). [22] Webber began a fundraising campaign to pay legal fees for actions brought by the MPAA. Webber raised approximately US$45,000 through a PayPal-based donation system. Following the agreement, the MPAA changed the LokiTorrent website to display a message intended to discourage filesharers from downloading illegal content. [22] [23]

EliteTorrents

On 25 May 2005, the popular BitTorrent website EliteTorrents.org was shut down by the United States Federal Bureau of Investigation and Immigration and Customs Enforcement. Ten search warrants relating to members of the website were executed. [24]

Six site administrators pleaded guilty to conspiracy to commit criminal copyright infringement and criminal copyright infringement of a pre-commercial release work. [25] Punishments included jail time, house arrest and fines. [26] Jail sentences were issued to some defendants violations of criminal law, the Family Entertainment and Copyright Act. [26] [27]

Newnova

In June 2006, the popular website Newnova.org, a replicate of Suprnova, was closed. [28]

TorrentSpy

On 29 May 2007, a U.S. federal judge ordered TorrentSpy to begin monitoring its users' activities and to submit logs to MPAA. TorrentSpy ultimately removed access for US visitors rather than operate in an "uncertain legal environment." [29] In the face of destruction of evidence charges and a $111 million legal judgement, TorrentSpy voluntarily shut down and filed for bankruptcy in 2008, although appeals continued through 2009. [30]

isoHunt

On 21 December 2009 a federal district court found the founder of isoHunt guilty of inducing copyright infringement. The ruling was upheld on appeal in Columbia Pictures Industries, Inc. v. Fung in March 2013 and the site finally shut down in October 2013.

Copyright owners have undertaken a variety of tactics and strategies to try to curtail BitTorrent transmittal of their intellectual property. In 2005 HBO began "poisoning" torrents of its show Rome , by providing bad chunks of data to clients. [31] In 2007 HBO sent cease and desist letters to the Internet Service Providers of BitTorrent users. Many users reported receiving letters from their ISP's that threatened to cut off their internet service if the alleged infringement continued. [32] HBO, unlike the RIAA, has not been reported to have filed suit over file sharing as of April 2007.

Beginning in early 2010, the US Copyright Group, acting on behalf of several independent movie makers, has obtained the IP addresses of BitTorrent users illegally downloading specific movies. The group then sued these users, in order to obtain subpoenas forcing ISPs to reveal the users' true identities. The group then sent out settlement offers in the $1,000–$3,000 range. About 16,200 lawsuits were filed between March and September 2010. [33]

In 2011, United States courts began determining the legality of suits brought against hundreds or thousands of BitTorrent users. Nearly simultaneously, a suit against 5,000 IP addresses was dismissed. [34] A smaller suit, Pacific Century International, Ltd. v. Does against 100 IPs, has also been dismissed.[ citation needed ]

In October 2011, John Wiley and Sons brought suit against 27 New York "John Does" for illegally copying books from the For Dummies series. [35] According to TorrentFreak, Wiley is thus "the first book publisher to take this kind of action". [36]

Settlements

On 23 November 2005, the Motion Picture Association of America and Bram Cohen, the CEO of BitTorrent Inc., signed a deal to remove links to illegal content on the official BitTorrent website.

Other notable search engines also voluntarily self-censored licensed content from their results, or became "content distribution"-only search engines. Mininova, announced that it would only allow freely licensed content (especially free content distributed by its author under a Creative Commons license) to be indexed after November 2009, resulting in the immediate removal of a majority of Mininova's search.

Infringement's sales impact

Some commentators have suggested that copyright violation through BitTorrent need not mean a loss of sales.

The actual story is probably a bit more nuanced. There’s plenty to suggest, for instance, that HBO doesn’t necessarily lose business when someone pirates "Game of Thrones" -- in all likelihood, that person would never subscribe to the network, anyway.

Caitlin Dewey, The Washington Post [37]

In addition, the Game of Thrones director, HBO programming president and Time Warner CEO Jeff Bewkes spoke about the positive effects of file sharing. [37] [38]

"If you go around the world, I think you're right, that 'Game of Thrones' is the most pirated show in the world," he said. "Now that's better than an Emmy."

Bewkes further commented that he did not consider the unauthorized distribution to result in the loss of HBO subscriptions, rather: "Our experience is, it all leads to more penetration, more paying subs and more health for HBO." [38] The show is the most infringed TV show, and "the show's first season was the best-selling TV DVD of 2012. [37]

Patent infringement

In June 2011, Tranz-Send Broadcasting Network filed a U.S. District Court lawsuit against BitTorrent Inc. for infringing a patent applied for in April 1999. [40] [41]

See also

Related Research Articles

BitTorrent, also referred to as simply torrent, is a communication protocol for peer-to-peer file sharing (P2P), which enables users to distribute data and electronic files over the Internet in a decentralized manner. The protocol is developed and maintained by Rainberry, Inc., and was first released in 2001.

MediaDefender, Inc. was a company that fought copyright infringement that offered services designed to prevent alleged copyright infringement using peer-to-peer distribution. They used unusual tactics such as flooding peer-to-peer networks with decoy files that tie up users' computers and bandwidth. MediaDefender was based in Los Angeles, California in the United States. As of March 2007, the company had approximately 60 employees and used 2,000 servers hosted in California with contracts for 9 Gbit/s of bandwidth.

<span class="mw-page-title-main">The Pirate Bay</span> Website providing torrent files and magnet links

The Pirate Bay is an online index of digital content of entertainment media and software. Founded in 2003 by Swedish think tank Piratbyrån, The Pirate Bay allows visitors to search, download, and contribute magnet links and torrent files, which facilitate peer-to-peer, file sharing among users of the BitTorrent protocol.

<span class="mw-page-title-main">TorrentSpy</span>

TorrentSpy was a popular BitTorrent indexing website. It provided .torrent files, which enabled users to exchange data between one another.

This is a timeline of events in the history of networked file sharing.

<span class="mw-page-title-main">Mininova</span> Dutch BitTorrent website, 2005 to 2017

Mininova was a website offering BitTorrent downloads. Mininova was once one of the largest sites offering torrents of copyrighted material, but in November 2009, following legal action in the Dutch courts, the site operators deleted all torrent files uploaded by regular users including torrents that enabled users to download copyrighted material.

isoHunt Torrent index site closed 2013

isoHunt was an online torrent files index and repository, where visitors could browse, search, download or upload torrents of various digital content of mostly entertainment nature. The website was taken down in October 2013 as a result of a legal action from the MPAA; by the end of October 2013 however, two sites with content presumably mirrored from isohunt.com were reported in media. One of them – isohunt.to – became a de facto replacement of the original site. It is not associated in any way with the old staff or owners of the site, and is to be understood as a separate continuation.

Suprnova.org was a Slovenia-based website that distributed BitTorrent trackers for various music and video files, computer programs and games. Started in late 2002 by Andrej Preston and for a while considered the most popular BitTorrent search engine, Suprnova.org closed in late 2004 after legal threats. The site operators supported the development of the eXeem BitTorrent client software, deeming a fixed website too difficult to operate in the present legal climate. On 2 August 2007, the domain name was donated to The Pirate Bay, which relaunched the site on 21 August 2007.

Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. The organizations particularly target the distribution of files via the Internet using peer-to-peer software. Efforts by trade groups to curb such infringement have been unsuccessful with chronic, widespread and rampant infringement continuing largely unabated.

<span class="mw-page-title-main">TorrentFreak</span> Blog on file sharing, copyright infringement, and digital rights

TorrentFreak (TF) is a blog dedicated to reporting the latest news and trends on the BitTorrent protocol and file sharing, as well as on copyright infringement and digital rights.

aXXo Alias of an unidentified internet pirate

aXXo is the Internet alias of an individual who released and standardized commercial film DVDs as free downloads on the Internet between 2005 and 2009. The files, which were usually new films, were popular among the file sharing community using peer-to-peer file sharing protocols such as BitTorrent. A download-tracking firm BigChampagne found — in a sampling period in late 2008 — that almost 33.5% of all movie downloads were aXXo torrents. aXXo encoded files to approximately 700 MB – the same size for a compact disc. Due to the re-encoded quality of an aXXo file, the suffix "aXXo" was often used by imitators.

<span class="mw-page-title-main">Copyright infringement</span> Illegal usage of copyrighted works

Copyright infringement is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works. The copyright holder is typically the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement.

<span class="mw-page-title-main">The Pirate Bay raid</span>

The Pirate Bay raid took place on 31 May 2006 in Stockholm, when The Pirate Bay, a Swedish website that indexes torrent files, was raided by Swedish police, causing it to go offline for three days. Upon reopening, the site's number of visitors more than doubled, the increased popularity attributed to greater exposure through the media coverage, which is an example of the Streisand effect.

RapidShare was an online file hosting service that opened in 2002. In 2009, it was among the Internet's 20 most visited websites and claimed to have 10 petabytes of files uploaded by users with the ability to handle up to three million users simultaneously. Following the takedown of similar service Megaupload in 2012, RapidShare changed its business model to deter the use of its services for distribution of files to large numbers of anonymous users and to focus on personal subscription-only cloud-based file storage. Its popularity fell sharply as a result and, by the end of March 2015, RapidShare ceased to operate and it is defunct. As of 2017, Rapidshare AG was acquired by Kingsley Global.

<span class="mw-page-title-main">The Pirate Bay trial</span> Copyright infringement trial of torrent tracker

The Pirate Bay trial was a joint criminal and civil prosecution in Sweden of four individuals charged for promoting the copyright infringement of others with the torrent tracking website The Pirate Bay. The criminal charges were supported by a consortium of intellectual rights holders led by the International Federation of the Phonographic Industry (IFPI), who filed individual civil compensation claims against the owners of The Pirate Bay.

File sharing in the United Kingdom relates to the distribution of digital media in that country. In 2010, there were over 18.3 million households connected to the Internet in the United Kingdom, with 63% of these having a broadband connection. There are also many public Internet access points such as public libraries and Internet cafes.

Torrent poisoning is intentionally sharing corrupt data or data with misleading file names using the BitTorrent protocol. This practice of uploading fake torrents is sometimes carried out by anti-infringement organisations as an attempt to prevent the peer-to-peer (P2P) sharing of copyrighted content, and to gather the IP addresses of downloaders.

Copyright Alert System (CAS) was a voluntary industry effort to educate and penalize internet users who engage in the unauthorized and unlawful distribution of copyrighted works via peer-to-peer file sharing services. The program was operated by the Center for Copyright Information, a consortium consisting of the Recording Industry Association of America (RIAA), the Motion Picture Association of America (MPAA), and the internet service providers AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon.

<span class="mw-page-title-main">Popcorn Time</span> BitTorrent client and media player software

Popcorn Time is a multi-platform, free software BitTorrent client that includes an integrated media player. The application provides a piracy-based alternative to subscription-based video streaming services such as Netflix. Popcorn Time uses sequential downloading to stream video listed by several torrent websites, and third-party trackers can also be added manually. The legality of the software depends on the jurisdiction.

<span class="mw-page-title-main">RARBG</span> BitTorrent metasearch engine

RARBG was a website that provided torrent files and magnet links to facilitate peer-to-peer file sharing using the BitTorrent protocol. From 2014 to 2023, RARBG repeatedly appeared in TorrentFreak's yearly list of most visited torrent websites. It was ranked 4th as of January 2023. The website did not allow users to upload their own torrents.

References

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