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To Media Companies, BitTorrent Implies Guilt

kripkenstein writes "The big media companies immediately assume you are guilty by your mere presence on a BitTorrent swarm, an investigation by a university security worker reveals. Turns out companies like BayTSP (which the media companies employ) will send shutdown notices to ISPs without any evidence of copyright infringment; all they feel they need is an indication that you are reported by the tracker to be in the swarm." From the post: "For my investigation, I wrote a very simple BitTorrent client. My client sent a request to the tracker, and generally acted like a normal Bittorrent client up to sharing files. The client refused to accept downloads of, or upload copyrighted content. It obeyed the law... With just this, completely legal, BitTorrent client, I was able to get notices from BayTSP. To put this in to perspective, if BayTSP were trying to bust me for doing drugs, it'd be like getting arrested because I was hanging out with some dealers, but they never saw me using, buying, or selling any drugs."

24 of 381 comments (clear)

  1. Come on... by ack154 · · Score: 4, Insightful

    Does this really surprise anyone that reads Slashdot? I've certainly come to expect tactics such as this from any media company.

  2. Just like VCRs by Jabrwock · · Score: 4, Insightful

    Anyone who buys a VCR is CLEARLY only interested in pirating as many movies as they get their hands on, camcorder owners are only interested in filming screeners, people who run spyware scanners and firewalls obviously have something to hide, and anyone who asserts their rights is obviously doing something illegal...

    --
    Magic doesn't work in my presence. My power of disbelief is too strong.
  3. It is more like by qwerty1 · · Score: 5, Insightful

    Hanging out in a Pawn Shop. Cops know there are stolen items in there as well as legitimate items. So, anyone going into the pawn shop has to be only there for stolen items. Therefore you are served a warrant. What a bunch of A$$ Hats.

  4. Compare to legitimate drug dealers? by tepples · · Score: 4, Insightful

    One of the best ways of getting arrested and released - repeated - is to hang around with drug dealers and users when they are dealing and using.

    If I use my PC to connect to a BitTorrent tracker that offers legitimate free software, free media, and fair-use parody media, I still get a notice. This is as if I were to get arrested for hanging around outside a legitimate drug dealer such as CVS or Walgreens or Rite Aid.

    1. Re:Compare to legitimate drug dealers? by fishdan · · Score: 5, Informative
      Not quite:

      From the article:

      I placed this client on a number of torrent files that I suspected were monitored by BayTSP (For my own protection I don't want to identify the torrents used for this research. I used the fact that NBC is a client of BayTSP to find trackers.
      So it's like going up to an illegal drug dealer (because the torrent is not of a legally shared file) and asking him/her "Can I buy some crack from you." (because the client sent a request to the tracker). Even though no illegal goods changed hands, we're are definitely NOT talking about the companies disconnecting people because thry are downloading FC6 or Ctrl-Alt-Chicken via bittorrent.

      I'm not agreeing with the media companies here, but it's not as draconian as you are making it out to be.

      --
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  5. Don't understand the analogy by letsgolightning · · Score: 5, Funny

    In the spirit of slashdot, could I request that we instead get a car analogy? Preferably one involving hookers... and blackjack. You know what? Forget the analogy.

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    1. Re:Don't understand the analogy by slim-t · · Score: 5, Funny

      It's like picking up a hooker to have someone to talk to while playing blackjack, then getting thrown out for counting cards even though you were just trying to make sure they were 52 in the deck, then a cop seeing you starting your own car with a screwdriver and arresting you for soliciting prostitution when he sees who you're with. Not a perfect analogy, but it happened to a friend of mine once.

  6. Re:Move house to switch ISPs? by jandrese · · Score: 4, Informative

    You're lucky to have DSL service on that landline. A lot of people live outside of DSL range and are stuck with Cable for the most part. There are various wireless solutions, but they almost invariably suck for one reason or another (a big one being that the spectrum is just plain limited). There are lots of people that are lucky to have a single broadband option where they live, so they'd better hope that the guys are dicks (Whoops, non-dicky behavior and local monopolies don't go together at all).

    At least with DSL you DO have some choice. The phone companies don't want to tell you this, but they're required to share the lines with competitors because it was your tax money that put up a lot of those lines to start with. If your DSL company is jerking you around, you can often switch to Covad or Speakeasy or some other provider and tell your phone company where they can stick it. Beware that most third party DSL providers are more expensive than the phone company, but they generally have much better service and TOS to make up for it.

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  7. Not a fair comparison by Chris_Jefferson · · Score: 4, Insightful

    You aren't getting arrested for being in a bittorrent swarm.

    Also, if you want a fair comparison, this would be like finding a notice board marked "people who buy/sell drugs", copying all the names off it, and putting yours on. Now, this isn't something you should be locked up for, but I think it's reasonable for the police to pop around and ask a few questions.

    This kind of technical fiddling really doesn't help anyone, although I'm sure it helps you feel clever.

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  8. OB Terrorist reference by rueger · · Score: 4, Insightful

    ...t'd be like getting arrested because I was hanging out with some dealers, but they never saw me using, buying, or selling any drugs."

    Hmmph - sounds like you're on the side of the Terrorists!

    There once was a crazy ass country that had laws about "innocent until proven guilty", but in these Terroristic times it's just so much safer to fall back on "Suspicion of being under suspicion."

  9. Wrong. by AltGrendel · · Score: 4, Informative
    The client refused to accept downloads of, or upload copyrighted content. It obeyed the law...

    Basically, it had the connection setup but kept it idle.

    Doing nothing.

    And he got a letter saying that he was downloading illegal content while it was...

    ...doing nothing.

    --
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    - Douglas Adams

  10. Guilt by association by Bullfish · · Score: 4, Insightful

    Is coming back into vogue? It never left, the media companies have based a lot of their cases on it. Mostly they make money from the cases where their target simply doesn't have the cash to fight back. Thing is, they want to blame the net for their problems, well, it's true to an extent. Before the net and widespread cable TV, videos and DVD's, they had very little competition. Those were the glory days. Now they unfortunately for them, they are creatively bankrupt as a result of flooding the market with so much crap that a lot of people are going back to 60's, 70's and 80's music. Therefore, a lot of sales of new music suffers and kids are listening to ACDC and Led Zeppelin again.

    Ditto for movies, only this time the industry is rehashing old TV shows, old movies and dusting off hackneyed plots that wouldn't see the light of day when they made fewer movies. Kind of like you see what happens to sports leagues with uncontrolled expansion. The more you try to produce in such endeavours, the closer you move to mediocrity.

    So their sales suffer. It must be the web's fault. Like an old has-been blaming the new kid on the block, they whine and complain, and in this case lobby. Next, they will be demanding a tithe if you own a computer.

    After all, the problem couldn't be with their product.

  11. The important part is the proof! by Anonymous Coward · · Score: 5, Insightful

    Yeah, that doesn't surprise us any, but it DOES provide proof. Why is that important? If you happen to get sued by them, it undermines their case!

    This could, in theory, be introduced as evidence in a case and might be enough to shoot down their allegations of copyright infringement. I'd say that THAT is pretty important, wouldn't you?

    Here's to hoping that it screws up a few of their copyright infringement lawsuits!

    1. Re:The important part is the proof! by techno-vampire · · Score: 4, Interesting
      Here's to hoping that it screws up a few of their copyright infringement lawsuits!


      I agree, but it probably won't have that much affect. Remember, in a civil suit, the plaintiff doesn't need to prove it's case "to a moral certainty and beyond a reasonable doubt" as the prosecution does in a criminal case. The standard is the more simple "preponderance of evidence." That means that if the jury feels it's more likely that the plaintiff is right than that the defendant is, they vote for the plaintiff even if they're not completely sure. This would make their claims less believable, but probably wouldn't be enough in and of itself to disprove them.

      --
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    2. Re:The important part is the proof! by Skreems · · Score: 4, Insightful

      I don't know about that... unless a significant number of people start using this essentially broken client, it's a pretty reasonable assumption that if you're connected to a bittorrent swarm, you're participating in the data flow. I mean, it IS the only function the software is made to perform. And remember, in civil cases like this, reasonable doubt isn't enough to get you off the hook.

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  12. Reminds me of .. by Anonymous Coward · · Score: 4, Interesting

    Your article on these BayTSP notices reminds me of when large parts of the Windows NT4/2000 source code were leaked. I created a fake "Windows Longhorn Source Code" file which was about 1.2GB in size and full of zeroes, and then shared it on eMule to see how far it spread (quite far, initially.)

    A couple of weeks later I received a copyright infringement notice from my ISP for this fake file. They had been contacted by one of Microsoft's agents who obviously conducted their analyses using a method of similar incompetence to BayTSP's.

    1. Re:Reminds me of .. by t0rkm3 · · Score: 4, Insightful

      They are required to prove that the content is their protected works. Considering the content is digital, they should have a burden of proving 100% of the content is a usable part or whole work.

      If they can't prove that the content is theirs, they have no business sending a C&D.

      Similarly, if I claim a television in your home is actually mine, I have to be able to prove through serial number, receipt, etc., that the television is, in fact, mine.

      It is a trivial exercise to determine whether the content is legit or not. md5sum? Proprietary compression algorithm? Tough shit, take what evidence you have and get a warrant.

      The whole C&D thing is crap. It sets up copyright holders as vigilantes with next to zero accountability for abusing their power.

  13. Re:Er by snarlydwarf · · Score: 4, Informative

    So, the message here is: don't try to download copyrighted stuff and you won't get sued for downloading copyrighted stuff.

    I think you mean "illegal stuff". I download copyrighted music with BitTorrent quite often and it is very legal: DGMLive has lots of great King Crimson and Robert Fripp material that you are encouraged to use BitTorrent to download after paying them. Since DGM is owned by Fripp and has rights to the King Crimson catalog: they can do that legally and even make a profit.

  14. Re:Move house to switch ISPs? by Anonymous Coward · · Score: 4, Informative

    The phone companies don't want to tell you this, but they're required to share the lines with competitors because it was your tax money that put up a lot of those lines to start with.

    Not anymore they don't. The FCC ruled about 2-3 years ago that starting at that time if the phone company made any improvement to your line at all, it no longer had to lease it to a competitor at cost.

    They called this "deregulation" since, after all, it was regulations that was forcing phone companies to share.

  15. Re:Absolutely by grimJester · · Score: 4, Insightful

    Yes, using any p2p software is suspect. Actually, just like if you purchased a means to store data, you should pay a tax just as if you were guilty. Guilty of what!?!? . Doesn't matter. You must be guilty of something. Like playing World of Warcraft.

  16. Not missing anything by gr8_phk · · Score: 5, Insightful

    No, you're not missing anything. Notice that this guy had to write a special bit-torrent client in order to avoid actually doing anything wrong during his tests. Anyone connected with normal software would be either a) downloading the file and/or b) providing parts of that file to others. No one connects to a swarm just to "hang out". They are only targeting people connected to swarms that are sharing copyrighted works. I'd say the media companies method is sound, and accurate - if you're going to pretend to engage in illegal activity, you have to expect people to treat you like a criminal.

    1. Re:Not missing anything by Dilaudid · · Score: 5, Funny

      So essentially it's a bit like hanging around with dealers and wearing a sign saying "I buy and sell crack cocaine".

  17. Re:That's why I pick and choose the laws I obey. by networkBoy · · Score: 4, Insightful

    Teenage alcohol intake is a leading factor in [...] starting a dependency that will carry on through life etc. Really! Wow! Why then does the US have a higher rate of dependence on alcohol than Italy or France, both countries for which there is no minimum legal drinking age?
    While I don't see the need to feed a 12 year old whiskey and vodka, I also see no problem with said same 12 year old partaking in a champaign toast, a sip of wine, or with an 18 year old drinking anything they like. Got a problem with that? Raise the age of service to 21 and I'll raise my "no problem age" commensurately.

    You are not my kids' parent. I am.
    My kids will be allowed to drink with the toast at age 12. That is my decision as a parent.
    At age 16 I will allow a glass of wine with dinner. That is my decision as a parent.
    At 18 a beer after working outside in the sun. That is my decision as a parent.
    Their education on DUI will be complete and thorough, the penalties if I catch them severe (they _will_ prefer jail time if there ever is a second time). That is my decision as a parent.
    Their parties sober will be sober (I'll even spring for the "non" alcoholic beer keg). These are my decisions as a parent.

    Multiple medical conditions are caused by alcohol intake including, obesity, hypertension, hyperlipidemia, coronary aretery disease, cirrhosis, liver failure, esophageal ca, stomach ca, etc and the lists goes on. like reduced LDL, reduced incidents of heart disease, reduced incidents of Alzheimer's? All from the phenols found in wines (and to a lesser extent beers and red grape juice)

    Lets hope your son won't be one of those that goes and drinks because his dad said it was okay and then gets killed on the road drunk driving. That is the only statement you made that I think everyone agrees with. . . because it's the only one not trying to impose your misguided morality onto others.

    -Disgusted in Minnesota with you. -Flipping the bird to you in California.
    -nB
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  18. Charge me with rape! by EmbeddedJanitor · · Score: 4, Funny
    I have the equipment.

    --
    Engineering is the art of compromise.