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ISP To Court: BitTorrent Usage Doesn't Equal Piracy (torrentfreak.com)

An anonymous reader writes: The music industry has long argued that evidence of BitTorrent is evidence of piracy, and ISPs have generally gone along with them. But now, ISP Cox Communications is pushing back against that claim. They have been sued by publishers for failing to halt service for users alleged to have pirated music. Not only has Cox argued that the piracy evidence is invalid, they're also contesting the idea that BitTorrent is only used for piracy (PDF). "Instead of generalizing BitTorrent traffic as copyright infringement, the music companies should offer direct proof that Cox subscribers pirated their work. Any other allegations are inappropriate and misleading according to Cox." The company says, "the Court should preclude Plaintiffs from relying on mere innuendo that BitTorrent inherently allows individuals to infringe Plaintiffs' copyrights."

38 of 175 comments (clear)

  1. Programs using BitTorrent by Martin+Blank · · Score: 5, Interesting

    Aside from file sharing, how many programs use BitTorrent? I'm not challenging the defense here, as I also don't equate BitTorrent with piracy, especially since my main use is personal file synchronization using BitSync and downloading Linux ISOs.

    I seem to recall that Blizzard's Battle.net uses it, which I suspect is a non-trivial percentage of traffic. Do any other game management systems make use of it?

    --
    You can never go home again... but I guess you can shop there.
    1. Re:Programs using BitTorrent by JestersGrind · · Score: 5, Interesting

      Facebook and Twitter also use BitTorrent. http://arstechnica.com/busines...

    2. Re:Programs using BitTorrent by Captain+Hook · · Score: 4, Interesting

      I use BTSync to synchronise my own files to my various devices.

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      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    3. Re:Programs using BitTorrent by phishybongwaters · · Score: 3, Insightful

      Bittorrent is a protocol. Almost anything that uses p2p in the backend is using bittorrent. Game updates, OS updates, linux distros, this can and is being done via the bittorrent protocol. Windows 10 offers peering for updates to your local network and even to the internet, while I didn't dig deep into it, this is p2p at its core, while it may not be using bittorrent (TM) but the technology is essentially the same. Peering. Without bittorrent and similar technology, we can expect the internet to fall apart as soon as all those developing nations login and start streaming HD. IRC is a huge source of piracy, so me logging into a linux support channel makes me a pirate? Just using the torrent protocol makes me a pirate? It's well above and beyond a "defense". If we allow them to paint anyone using that protocol as a criminal, what's next? Email? Newsgroups? IM? As long as there is a system and a method to allow data sharing, data will be shared. As long as there is data, people will want to share it. I personally feel that technology has been ignored to back shelved because of the stigma put on torrents. It comes up during any discussion around traffic. "We all know what bittorrent is for...." No, we know what a lot of people use it for, and we know what it was designed for, and the two are not mutually exclusive.

    4. Re: Programs using BitTorrent by phishybongwaters · · Score: 4, Informative

      I really hope the mindless morons follow your advice and get themselves fined and knocked offline because bittorrent in NO WAY provides a method to pirate and not get caught. In fact, out of ALL the methods you have at your disposal to pirate content, bittorrent is the WORST option. simply joining a swarm without even sending or receiving blasts your IP to anyone who bothers to listen. Even with DHT, you still have to connect to nodes. Without DHT you are at the behest of whatever torrent tracker(s) are in use. Most of which are extremely easy to eavesdrop on. Why would the "feds" want to shut down a major source of idiots for them to harass? I get your post was in jest, but it's so off base I feel the need to warn the morons who might actually think you were being serious.

    5. Re:Programs using BitTorrent by SharpFang · · Score: 4, Interesting

      World of Tanks uses BT for its updates. You may choose a http alternative but download times will balloon to days; everyone who can't use BT uses them, and overwhelms the update servers every time there is something to update, so using BT to get the update through peer players is no-brainer.

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    6. Re:Programs using BitTorrent by UnknowingFool · · Score: 2

      I also wonder whether the knowledge from the music companies is outdated or misleading. When p2p started to become popular with Napster, it was easy to associate all p2p with illegal sharing purposes. While Napster might have had other uses, the predominant use was pirated music. There was however a need then and now for p2p as a method to distribute bandwidth. Today many companies need p2p to distribute their content because standing up more centralized servers is not always a good way to distribute large sets of data (in the cases of game updates in the GB range).

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      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re: Programs using BitTorrent by tepples · · Score: 5, Insightful

      See the following video for more info.

      The trend of presenting info only as a video disappoints me. For those who cannot watch video, such as while on break at work or on a metered connection, is there a transcript?

    8. Re:Programs using BitTorrent by TheReaperD · · Score: 4, Interesting

      I use it for things such a LibreOffice downloads and ISO images of things such as The Ultimate Boot CD (UBCD) and I know World of Warcraft uses it for its update engine. There are also a lot of other non-infringing uses of the protocol. The media companies just want the protocol and anything like it to be declared blanket illegal as it is an effective way to transfer large files which the media companies would like all such ability removed from the internet. They want both control over the content itself as well as any possible method of transferring such content so they can double-dip like they do on cable TV.

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      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    9. Re: Programs using BitTorrent by gurps_npc · · Score: 4, Insightful
      Yeah. I agree. If I wanted video, I would turn on a TV, go to youtube, goto Netflix, goto Hulu.

      Besides, how am I supposed to get the news at work without everyone knowing I am goofing off?

      If you post a video, post a transcript. But don't post videos.

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      excitingthingstodo.blogspot.com
    10. Re:Programs using BitTorrent by Anonymous Coward · · Score: 4, Interesting

      Aside from file sharing, how many programs use BitTorrent? I'm not challenging the defense here, as I also don't equate BitTorrent with piracy, especially since my main use is personal file synchronization using BitSync and downloading Linux ISOs.

      I seem to recall that Blizzard's Battle.net uses it, which I suspect is a non-trivial percentage of traffic. Do any other game management systems make use of it?

      The UK Government use BitTorrent.

      https://data.gov.uk/dataset/coins

    11. Re:Programs using BitTorrent by aethelrick · · Score: 2

      Here's a list of 8 I found... can't vouch for it but google said it so it must be true :P http://www.makeuseof.com/tag/8...

    12. Re:Programs using BitTorrent by rudy_wayne · · Score: 2

      I also wonder whether the knowledge from the music companies is outdated or misleading..

      Outdated? Absolutely. Misleading? More like flat out lying. I wouldn't be surprised if the **AA cartel is still using Napster numbers to claim that they are being ruined by piracy.

    13. Re:Programs using BitTorrent by Brad+Eleven · · Score: 3, Informative

      ... also Amazon. The use case is different from getting a copy, more like keeping a copy current, if modified--or updated, if the source is modified. Great for config files and the like.

      --
      "Press to test."
      (click)
      "Release to detonate."
    14. Re:Programs using BitTorrent by balbeir · · Score: 3, Informative

      I use BTSync to synchronise my own files to my various devices.

      Same here. And it works like a charm.

    15. Re: Programs using BitTorrent by gurps_npc · · Score: 2
      The bit about doing it at work was a joke.

      But the principal is true. I rarely want to see video on the Internet. When I do, it's generally only after I have read an article and decided it is worth my full time and attention.

      Right now I am at home, watching/listening to the TV and surfing on the net. If the slashdot started spouting noise, demanding my full attention I couldn't hear the TV and it would piss me off. I'd end up closing down this window, not turning off the TV.

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      excitingthingstodo.blogspot.com
    16. Re:Programs using BitTorrent by KingMotley · · Score: 2

      I forget which exactly, but one (very large) hardware manufacturer distributes driver/manuals through it as well.

    17. Re:Programs using BitTorrent by Mashiki · · Score: 3, Interesting

      Blizzard uses it for all their games, KoTOR:Online. In the first couple of years that I was playing WoW, and they switched to BT there were a lot of college and university students who could suddenly no longer download patches because their admins blocked access to anything using the torrent protocol. Myself and a couple of friends used to run a small server to host the patches on for guildies and a few others, because you know, direct downloads are fine and aren't used in piracy at all.

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      Om, nomnomnom...
  2. Who is this? by steveg · · Score: 2

    Um. Who is this, and what did they do with Cox?

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    Ignorance killed the cat. Curiosity was framed.
  3. Had to Convince My Boss of the Same by Anonymous Coward · · Score: 2, Funny

    I had to convince my previous boss of the same fact. Security called him to say that I was using the piracy tool BitTorrent. I sent him this link: http://linuxtracker.org/index.php?page=torrents and told them to leave me alone.

    They never did accept that I was using Tor as a quick way to view our public services from outside the network.

    I should have asked them to pay me in Bitcoin just to see their reaction.

  4. Good ... by gstoddart · · Score: 4, Interesting

    It's time these guys got held to some damned level of standards instead of just making sweeping, bullshit claims like "if they used this protocol they were doing teh piracy".

    If they have specific evidence of specific infringement, use it. But simply accusing based on using the protocol is completely wrong. The problem is the copyright cartels essentially want a veto on any technology on the grounds it might be used to infringe. It doesn't work that way, but they keep pushing for it. And some idiot lawmakers are inclined to give it to them.

    The courts need to start slapping them down and saying "innuendo and snide suggestion is not evidence, and things which aren't infringing aren't illegal.

    "Once they have argued that BitTorrent use is automatically infringing, Plaintiffs seek to introduce other testimony and documents showing that some proportion of data traffic on Cox's network is associated with BitTorrent in order to mislead the jury into thinking that Cox knew or should have known about the infringement that Plaintiffs allege."

    Can we introduce into court that all statements made by representatives of the copyright cartel are self serving statements by lying assholes who routinely mislead courts and make claims with no evidence, and routinely resort to obfuscation and perjury to bypass meeting any legal threshold for evidence?

    Because that would be awesome.

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    Lost at C:>. Found at C.
    1. Re:Good ... by Shadow+of+Eternity · · Score: 2

      Simple: We start counting their statements as perjurious or contemptuous on the grounds that claiming bittorrent = piracy is as offensive to sense as claiming having a kitchen knife = murder.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    2. Re:Good ... by phishybongwaters · · Score: 2

      you missed the point. "The problem is the copyright cartels essentially want a veto on any technology on the grounds it might be used to infringe." Nope. The want to destroy and de-legitimize any technology that can compete with their stranglehold dinosaur of a business model. They couldn't buy the patents and make it disappear, so they went to plan B. "It's only used for piracy" Actually it's being used to save the fucking internet, provide streaming services and a bunch of other fantastic stuff that the IPSs and Media Companies never bothered to invest in, because they write the laws and they make the rules. It's never been about "piracy" we already pay a piracy tax on every type of blank media there is (in N.A. at least), it's never been about piracy, it's always been about a stranglehold on the content to make a profit. Remember when netflix used to rent dvds over the internet? Why? Because going to a box store was a waste of time, online shopping is faster. Then they went to streaming, why? Because the internet pirates had ALREADY provided this service, as well as time shifting, region free, commercial free, etc Jesus, you can thank people like ME for you being able to binge watch stuff on netflix, the old school pirates invented that shit. The media companies have been playing catch up for quite some time, and very badly I might add. But they couldn't get out in front of this one, and instead of admitting defeat, licensing bittorrent, and providing all of their customers with what they want, they've opted to sue you instead.

    3. Re: Good ... by gstoddart · · Score: 3, Insightful

      But when the protocol is 99% pirated material, I think it's a different story.

      Do you have evidence to support this? Or are you just pulling a number out of your ass?

      It is a protocol. It has "significant non-infringing" uses.

      What the copyright cartel wants to do is equate using a protocol with piracy, without evidence. And then once they've done that, they want to say that individuals using that protocol must have engaged in piracy. I'm sorry, this is the legal equivalent of "if she weighs less than a duck, then she is therefore a witch".

      So, no more than you can make the argument that owning a car allows you to speed, therefore if you own a car you speed ... the copyright lawyers don't just get to make shit up and call it facts.

      If the courts allow this, they've completely lost the plot, and the copyright cartel will be able to deem innuendo and supposition is legally admissible. And that would be a terrible idea.

      Sorry, but no. The copyright cartel bought some bad laws in the form of the DMCA and other things. And one of the many things they wanted was to give themselves almost zero standard for evidence or penalty for misusing the system -- which means they want a law which allows them to do anything they want without consequence or oversight.

      It really is time to rein them in with a much shorter leash and remind them they don't get to make up "facts" to suit themselves. Because somewhere along the line they've bought themselves laws which gives them all the power, and no responsibility.

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      Lost at C:>. Found at C.
    4. Re: Good ... by thoromyr · · Score: 2

      Although you are certainly right that the protocol is nearly entirely used for piracy (despite vociferous claims to the contrary) there is at least one issue with claiming use of the protocol as evidence of piracy and that is of standing.

      I may know with certainty that Bob is using bit torrent. I might even happen to know he is using it for piracy. But unless he is redistributing a work to which I hold the copyright then I have no standing to complain. In point of fact, the *one* thing a DMCA complaint says under penalty of perjury is that they work which is claimed to being infringed is owned by the plaintiff. In other words, unless I'm a duly authorized agent of HBO I cannot file a DMCA complaint about someone pirating Game of Thrones.

      Just because someone is using bit torrent, even if it is for copyright infringing purposes, that is not evidence of a *specific* infringement.

      Bring up YouTube is beside the point. Google is in no way legally obligated to have the system they put in place. In point of fact, their system was put in place specifically to benefit wealthy copyright holders. The only reason for Google to do this is for some consideration from them and it is clear that both Google and the wealthy copyright holders benefit from this. But merely holding the copyright to material that is being infringed on YouTube is not enough, you have to be a wealthy copyright holder to qualify for Google's "expedited process".

      If this practice were codified into law it would be an affront and disservice to the public. It is pretty clear why you would not want an account associated with such fascist views.

  5. Blizzard by JestersGrind · · Score: 2

    I'm sure that I would get flagged using that kind of logic. I don't download anything illegally, but I play Blizzard games. The Blizzard downloader uses BitTorrent. And it makes sense for them because it eases the pressure of millions of clients downloading when they can share the load between them. This is just laziness and greed on the part of the music industry.

    1. Re:Blizzard by dysmal · · Score: 2

      Using their twisted logic, I've pirated 30GB in the past 2 months... Except that I didn't pirate anything... I just made the mistake of playing Starcraft2 and having patch after patch after patch rammed down my throat.

  6. Interesting Bit by oshkrozz · · Score: 5, Insightful

    I suspect what is starting to happen is COX is starting to realize that before it was fairly passive, all they had to do was hand over info. However, with TIPP and other programs being pushed through it will cost them actual dollars to police for the entertainment industry, payments that can not be so easy to extract from users. They want to now make sure that burden is placed on the entertainment industry and not themselves. There is no altruistic goal here, just who has to pay.

  7. Generally happy with Cox by david.emery · · Score: 3, Interesting

    I've had both residential and now business grade internet with Cox, and I've been generally happy with the service. It's been reliable, tech support when I've needed it has actually been helpful and on-site repairs are usually same-day or early the next day. The only real problem I had was when their repairmen mis-coded a service call and I got billed for it. But Cox billing fixed it right away.

    So it doesn't surprise me that Cox is bucking the anti-consumer wave by challenging music industry subpoenas. And it's also good business, so they don't have a bunch of lawyers poking around their data, while paying their own lawyers to watch over them.

  8. As an avid Humble Bundle buyer, by pecosdave · · Score: 3, Informative

    I have to agree. I get my books, movies, and whatever else I buy from the Humble Bundle (that isn't a video game) using torrents. 100% legit and paid for.

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    The preceding post was not a Slashvertisement.
  9. LibreOffice by tepples · · Score: 2

    In addition to install images of GNU/Linux distributions, the LibreOffice suite's installer is available as a torrent.

  10. Re: windows 10 update system uses a bittorrent lik by Anonymous Coward · · Score: 2, Funny

    Wow, didn't realize spyware used BitTorrent as well.

  11. Bury conduits in advance by tepples · · Score: 2

    when it comes to the people who are plowing the cable into the ground and lashing up the fiber on the poles, that shit is ridiculously expensive

    I've said it before: When the city is doing road work for other reasons, it can bury a half dozen conduits at the same time for later sale to utilities who pull their own fiber through those conduits.

  12. did what now? by PopeRatzo · · Score: 5, Funny

    BitTorrent Usage Doesn't Equal Piracy

    Then you're doing it wrong.

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    You are welcome on my lawn.
  13. Completely and utterly off topic but... by andrewbaldwin · · Score: 2

    "Looks like I'm the only one after trading these comments"

    I can see you meant 'reading' instead of 'trading' and mis-typed one key to the right (assuming a UK/US keyboard).

    Now you've got me looking for any other words that can be formed the same way. Nice distraction !

  14. Since when does a download of IP by fred911 · · Score: 3

    prove the recipient doesn't have a license for the use of the IP?

      Even if the holder of a license is able to prove that an individual obtained a copy via what ever protocol, be it from a swarm, FTP or any method, how is that proof the recipient lacks license? How much longer do we have to wait before the burden of proof is restored to a legal level from the current mobster level that exists?

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  15. GeneTorrent by Shadow+IT+Ninja · · Score: 2

    The Cancer Genomics Hub uses BitTorrent based software to distribute huge public domain data sets (multiple TB each) from DNA sequencing and related studies. BitTorrent is simply the most efficient way to distribute data on such a scale. This does get interesting when you are at a university which is under pressure from the RIAA to shut down BitTorrent, however. I had to spend way too much time working this all out with a firewall administrator.

  16. Re:windows 10 update system uses a bittorrent like by maorb · · Score: 2

    No need to turn it off completely. Just tell it to only share over the local network so you can still benefit from less overall downloading between multiple computers.