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Study Finds 0.3% of BitTorrent Files Definitely Legal

Andorin writes "It's common knowledge that the majority of files distributed over BitTorrent violate copyright, though the exact percentage is unclear. The Internet Commerce Security Laboratory of the University of Ballarat in Australia has conducted a study and found that 89% of files examined were in fact infringing, while most of the remaining 11% were ambiguous but likely to be infringing. Ars Technica summarizes the study: 'The total sample consisted of 1,000 torrent files—a random selection from the most active seeded files on the trackers they used. Each file was manually checked to see whether it was being legally distributed. Only three cases—0.3 percent of the files—were determined to be definitely not infringing, while 890 files were confirmed to be illegal. ' The study brings with it some other interesting statistics; out of the 1,000 files, 91 were pornographic, and approximately 4% of torrents were responsible for 80% of seeders. Music, movies and TV shows constituted the three largest categories of shared materials, and among those, zero legal files were found."

15 of 321 comments (clear)

  1. Choosing the most popular seeds... by Anonymous Coward · · Score: 5, Insightful

    Choosing the most popular seeds gives very skewed results. I bet the overall percentage of pornographic torrents is much higher than 9%. Similarly, we may see a large change in the number of legal files.

    1. Re:Choosing the most popular seeds... by JavaBear · · Score: 5, Insightful

      I was about to point out the same, most legal seeds are probably not among the most active. I'm not trying to be apologetic about the rampant piracy that Torrents are also used for, however saying that only 0.3% are legal is misleading, using the selection criteria they did, and a relatively small sampling at that.

    2. Re:Choosing the most popular seeds... by Anonymous Coward · · Score: 5, Insightful

      I think that's the point. If they did a proper random sample, let's say they ended up with 50% legal, 50% illegal, it wouldn't mean much if the illegal torrents accounted for 99% of the bandwidth/users.

  2. Princeton Study by cappp · · Score: 5, Informative
    In a similar Princeton study the numbers were a little different but the general point remained the same.

    46% movies and shows (non-pornographic)
    14% games and software
    14% pornography
    10% music
    1% books and guides
    1% images
    14% could not classify

    They ultimatly found approx. 1% to be legal.

    The Princeton piece makes for an interesting read because they do a good job of breaking down their catagories and providing some detailed context. For instance, 53% of the porn was in English and 5% of the software was Spanish language. Just really rich data for anyone into this kind of analysis. The final paragraph on how they decided if content was illegal reads:

    Our final assessment involved determining whether or not each file seemed likely to be copyright-infringing. We classified a file as likely non-infringing if it appeared to be (1) in the public domain, (2) freely available through legitimate channels, or (3) user-generated content. These were judgment calls on our part, based on the contents of the files, together with some external research. By this definition, all of the 476 movies or TV shows in the sample were found to be likely infringing. We found seven of the 148 files in the games and software category to be likely non-infringing—including two Linux distributions, free plug-in packs for games, as well as free and beta software. In the pornography category, one of the 145 files claimed to be an amateur video, and we gave it the benefit of the doubt as likely non-infringing. All of the 98 music torrents were likely infringing. Two of the fifteen files in the books/guides category seemed to be likely non-infringing.

    1. Re:Princeton Study by cappp · · Score: 5, Interesting
      I'm not sure what "blizzards trackers" are, and I'm probably missing the point entirely, but they addressed the limits of their paper:

      the results apply only to the Mainline trackerless BitTorrent system that we surveyed. Other parts of the BitTorrent ecosystem might be different. Second, all files that were available were equally likely to appear in the sample -- the sample was not weighted by number of downloads, and it probably contains files that were never downloaded at all. So we can't say anything about the characteristics of BitTorrent downloads, or even of files that are downloaded via BitTorrent, only about files that are available on BitTorrent.

      . Maybe someone with a little insight into how BitTorrent works could comment on the rigour of their methodoly?

  3. wow. talk about skew. by Triv · · Score: 5, Insightful

    "The total sample consisted of 1,000 torrent files--a random selection from the most active seeded files on the trackers they used."

    Most Active. Charming. It's almost like saying, "of the 1,000 most illegal torrents, almost 1,000 of them are illegal." I want to know about the millions of other files on BT, not the ones most likely to be illegal. Also: 1,000 randomly selected out of how many of the most active torrents?

    Bad study is bad, or at least bad press release is bad, and I can smell the spin from 5,000 miles away.

    1. Re:wow. talk about skew. by bbqsrc · · Score: 5, Informative

      This article explains why the above poster is correct.

      --
      Disagree != mod troll.
    2. Re:wow. talk about skew. by cloricus · · Score: 5, Funny

      I applied their study methodology to sex in a status update.

      If you only look for sex statistics in brothels you'll only find prostitutes and from that information you can be sure that 99.7% of all human sex is paid for.

      As you can see it is sound and the results are rock solid!

      --
      I ate your fish.
  4. Re:As I said in the earlier story on porn... by Frosty+Piss · · Score: 5, Interesting

    Internet = porn.

    I used to work for IEG (Internet Entertainment Group - WikiPedia Page - once the largest Internet porn company in the world). We regularly seeded the Interwebs with snippets of our best porn because while the majority of people would accept our 2 minute gifts of hardcore fucking and sucking and grunting drenched in lube and sweat and go no farther, a small percentage - maybe 2 or 3 - would sign up for the full deal. VERY profitable. We never really cared much about "piracy" since most of the people interested in spending money on porn would eventually end up giving us their credit card number.

    Of course, in 20% of the sign-ups, "wife" would find out, and we would have charge-backs from people that denied ever having been to our sites.

    On a different note, we had one of the biggest Internet "pipe" into a single company in the world in the late 1990's and early 2000's. People never believed me when I told them what our conx was, they insisted it must be for the entire building, not just our half floor in a beautiful glass tower in downtown Seattle (a block from Pike Place Market). And, while we had a HUGE library of porn, our offices did not have naked porn stars running about, no free blow jobs.

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  5. Re:0 media legal by wisnoskij · · Score: 5, Insightful

    I completely disagree, a lot of times free media gets put into torrents and sometimes is the only way to even get it.
    People that are not making money do not have the money to pay for the bandwidth to distribute to many people.

    for example see Pioneer One.

    --
    Troll is not a replacement for I disagree.
  6. Self-fulfilling prophesy by Dwonis · · Score: 5, Insightful

    Okay, I used to use BitTorrent for downloading Linux and a bunch of other things, rather than downloading directly from mirrors. Do you know why I don't know? Because Bell Canada throttles BitTorrent traffic, but not plain HTTP and FTP traffic.

    Those bastards broke legitimate uses of BitTorrent, and now they complain that only pirates use it.

  7. Re:0 media legal by slashqwerty · · Score: 5, Insightful

    How do they know what is or is not legal? With Viacom caught paying third parties to upload their material to YouTube and then suing Google for distributing the material it appears the copyright holders don't even know which content is legal.

  8. "Copyrighted" is not "Infringing," dammit. by chub_mackerel · · Score: 5, Insightful

    "Copyrighted" refers to the work. "Infringing" refers to the *use* of the work. The first does not imply the second.

    The aricle says they checked "...whether the file was confirmed to be copyrighted..." And then apparently made the jump to assuming that anything copyrighted must be illegal, sliding immediately into called them "infringing files."

    Of course by that metric all the Linux distros are illegal as well since they too are "copyrighted." As is any blog post, web page, or photo taken in the last, say, 70 years. As is anything that is shared properly according to the terms of any license. Now the study may have actually looked at the license terms in place for each work, but this definitely not what the article *said*.

    Not to mention that regardless of any express license terms, sharing that qualifies as fair use is also NOT AN INFRINGMENT and is LEGAL and should not be described as illegal or as "infringing files."

    Any indication whether these types of things (terms of the licenses according to each item, whether the sharing events qualified as fair use) were taken into account? If not, then I'd counter by noting that 100% of the material on Warner Bros' home page is copyrighted too. Should I say it's being shared "illegally"? Of course not, but my whole point is that if you play with semantics loosely enough, you'll find that probably the vast majority of the material on the Net as a whole is "illegal" and "copyrighted."

    *grumble*

  9. Re:0 media legal by Jah-Wren+Ryel · · Score: 5, Informative

    for example see Pioneer One.

    Pioneer One

    Hey thanks, never heard of it before but I'm now seeding the first episode.

    And to add my own current favorite free movie to the list, check out Sita Sings the Blues - a free animated movie that Roger Ebert practically gushed over. It's available in a bunch of different formats, I'm currently seeding the 4GB 1080p matroska edition myself.

    --
    When information is power, privacy is freedom.
  10. Re:Definitively 0.3 per cent by PopeRatzo · · Score: 5, Insightful

    I am definitively not impressed.

    I hope everyone understands that just because .3 percent of bittorrent files are "definitely legal" does NOT mean that 99.7% of bittorrent files are definitely illegal.

    No matter how many press releases the RIAA releases.

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