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C. J. Kelly's picture
C. J. Kelly

A Day in the Life of an Information Security Officer

The certain demise of P2P file sharing?

I was actually blown away when I read this story: EDonkey settles music industry suits for $30 million.  I haven't been keeping in touch with what's been happening in the file sharing arena.  According to the article, EDonkey is paying $30 million, Kazaa is paying $100 million, and record companies are seeking $476 million in damages from Lime Wire.  I just didn't think this would ever happen. 

How many of your kids are still downloading music via morpheus?  Check out what the law says on the U.S. Copyright Office - Copyright Law of the United States website.

Now check out the Morpheus website.  Here's what they say:

"*SHARE RESPONSIBLY: Using Morpheus™ or Morpheus Ultra™ for the uploading or downloading of copyrighted works without the permission or authorization of the copyright holders may be illegal and could subject you (or the ISP subscriber) to civil and/or criminal liability and penalties. For more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/and http://www.copyright.gov/title17."

And further down the page:

"There are a significant number of copyright holders who have authorized the sharing of their content for non-commercial purposes, such as some content with Creative Commons format licenses, and there is also content available in the public domain and not protected by copyright. Most commercially released popular songs, films, and software are NOT currently authorized for free redistribution but require separate purchase or licensing. Morpheus does not validate or verify whether those who represent or otherwise hold out or imply that they are rights holders are in fact holders of all rights necessary to authorize the licensing, downloading, distribution, exhibition, performance, or manufacture of content."

On most college campuses, the acceptable use policy forbids illegal downloads.  And for those Universities and Colleges who employ network monitoring techniques, downloaders will be shut down or not allowed to connect to the campus network.  Most corporate networks don't allow P2P either.

But, what is happening in the homes across America where kids have high speed Internet access as a matter of course?  I think there are tons of kids still using P2P networks to burn a quick CD for listening to in the car or on the stereo, or to download to the IPod.  It is so ingrained in their culture that music is free and available on the Internet.  I just can't see the demise of P2P.

What People Are Saying

As long as a project is

As long as a project is open-source and resides outside the US they can't touch it. Also, why would anyone download from P2P when there are plenty of fast ftp servers out there?

Bittorrent will live on too, they can't stop it now!! :D

P2P is in no way dead. It

P2P is in no way dead. It thrives and will continue to thrive. EDonkey might be gone, but the network is not. The EMule client, which is open source, is keeping this P2P outlet alive.

Further, the BitTorrent protocol is the number one way to share, consuming quite a lot of internet bandwidth. While the protocol is not considered safe for sharing copyrighted content people still use it.

The courts and lawmakers in the US need to consider something. The internet is not really under control of any one nation or jurisdiction. Internet casinos learned this a long time ago and moved their operations offshore. Many websites that support the hash files used to track the torrent segments are no longer in the US and presumably out of the reach of the litigous RIAA and MPAA.

New developments in the bittorrent clients are moving toward trackerless sharing. This means that the BT protocol will be safe and virtually undetectable.

Bram Cohen, the man responsible for creating BitTorrent is trying to work with Hollywood to use the protocol as a means for quickly distributing content. To address ISP complaints of increasing bandwidth usage, he's creating a BT cache server. For this it to work a couple of hurdles have to be addressed. One of the issues is that holding torrent segments in queue could be a violation of copyright.

Some ISPs are using traffic shapping methods. To get around this, clients are using encoding and that makes detecting segments difficult. As Bram's cache server will need to be able to identify the torrents at the ISP level, it will mean convincing the BT community that encoding is no longer needed.

Those are my thoughts anyway.

Americentric views only, as

Americentric views only, as usual.

Downloading music is not illegal everywhere. In Canada, the court decision on the issue determined that it is not illegal to make files on one's computer available for P2P sharing. The cited analogy was basically making such files available was like having a photocopier in a library, which could be used to copy books or magazines illegally, but that does not make the photocopier illegal, as it can be used for legal copying as well. As far as I know, record companies in Canada have not tried, at least successfully, to have this overturned.

I don't know if this argument would fly in an American court, but there must be someone who could give it a try...

But, you may ask, isn't downloading music for free un-fair, or immoral, hurts the artists, and all that? Well, artists will survive, and they ceratinly have never loved the "suits" at the record companies who hostorically ripped-off musicians when it comes to royalties. Don't you remember when Fantasy records sued John Fogerty for plagiarism for writing a new song that they said sounded like one of his old songs that they owned the complete rights to? Yeah, I just luv this industry...

In the end, record companies are reaping what they have sown. Going digital was probably inevetable, but record companies made miliions/billions reselling old music on CDs, and stopped producing vinyl, and I have not even seen a cassette for sale in a long time... so, deal with it.