File sharing: not worth the risk
Thursday, October 27th, 2005
I had a discussion with Liam (a friend of mine who is doing a PhD in peer-to-peer networks - yes, really) about the legality of file sharing yesterday. We both concluded that it’s becoming an increasingly risky gamble for users, especially the less technically minded. Though the chances of getting caught seem slim, the repurcussions if you are caught are enormous. Did you know that you could be sued for $150,000 for each film you are caught downloading? Scary, isn’t it? It is easy to dismiss such huge figures as propaganda peddled by the film studios and record companies to scare people away from file sharing, but we are talking about people who have sued children and settled out of court for thousands of dollars. There is one woman in America currently facing bankruptcy over a $620,000 suit. It’s just not worth doing it anymore. The system is flawed, but not all of it is against the downloaders…
When using Bit Torrent, you download files bit by bit. However, while downloading you also upload the bits you have to other users. Hence the term file sharing.
Let’s say the MPAA manage to get hold of the logs for a Bit Torrent tracker, and in these logs they find that somebody at your IP address downloaded a film. (For arguments sake, let’s say it was Ocean’s Eleven.) A few days or weeks later, you get a letter from their lawyers saying they’re suing you for several thousand dollars because you downloaded - and by using Bit Torrent also helped distribute - Ocean’s Eleven, which is their coyrighted material.
How do they prove you downloaded their copyrighted material? All they can prove is that you downloaded a file called Ocean’s Eleven. They can only know it was copyrighted material if you had uploaded some of the film to them. As they hold the copyright for the film, they aren’t guilty of copyright infringement. Herein lies the chance to fuck with them.
What somebody needs to do is modify Bit Torrent such that each user generates some random material that is unique to them, but not identifiable. (For example, a few frames of random static would be suitable. A few frames of someone’s actual, personal home video footage would be very, very stupid.) Then, this material is sent as a header to all outgoing connections. Therefore, if the MPAA wants to prove you have Ocean’s Eleven, they first have to download your random static video. And as this video is your copyrighted material, that makes them guilty of copyright infringement.
So if they did this, and resultantly you get sued for thousands of dollars for copyright infringement, in theory you could countersue for infringing your copyright. Of course, your copyrighted material is worthless, unlike theirs, so this would never work in practice. However, in pursuit of a lawsuit against you, they would be forced to acknowledge that they have committed a criminal offence as well.
A question to ask oneself is: “If I’m volunteering this video to them by sharing it online, then are they guilty of infringing my copyright?” Well, if you give someone a knife and tell them to kill you, are they a murderer if they actually do it? Of course they are. More to the point, rumours are rife that a major Hollywood film studio is using this very technique to catch people out. Of course, it could be propaganda to scare people away, but they’re sufficiently mercenary (what with suing kids and all) that it could well be true - allegedly they are seeding Bit Torrent files of their own copyrighted material (*cough* popular TV shows that have recently been released on DVD *cough*) with the goal of acquiring thousands of IP addresses, and the aim of filing a massive lawsuit sometime in the near future. (So, avoid downloading a California-based popular TV series with a two-letter acronym, if you catch my drift) Furthermore, the files are only 98% complete; there are gaps at strategically placed points to make following the stories - and burning to DVD, at least to the Average Joe - impossible.
If only they stopped lining their lawyers pockets and put the money towards a system that works, then everyone would be happy. Of course, if that ever happens it is years away. Today they’re too busy suing people.
Fortean Times reported a great story today about an image of the Pope appearing in a pancake. I simply had to post the picture. I mean, look at it! I need to cook more… maybe the face of God himself will appear on the underside of an overcooked fried egg that I can sell on eBay to an internet casino and make a tidy wad of cash.