The Effects of BitTorrent on Piracy
I. Introduction
Peer-to-peer networking, an advent of the twenty-first century, has revolutionized the way files are transferred and shared. While the individual has taken advantage of this technology, the music and film industries have been far less receptive to P2P networks such as Kazaa, Limewire, and BitTorrent. In response, the Recording Industry Association of America has launched an anti-piracy campaign using litigation as their main weapon. The extensive use of P2P networks in our society has also raised numerous ethical questions, leading to a discrepancy in opinion between different groups. The ever-increasing use of P2P networks like BitTorrent will force the music industry to evolve, while both the individual and the artist reap the benefits.
II. Background
Before the creation of P2P networks, files had to be kept on a dedicated, centralized server. This resulted in high upkeep costs for companies and a reliance on a functional server. A P2P network, however, does not rely on a single server. It is a decentralized network where each computer has equivalent capabilities and responsibilities (Mitchell). This allows files to be shared with relative ease over the network, as each computer is connected and is not restricted by geographic location. P2P is technically defined as:
…a class of applications that take advantage of the resources – storage, cycles, content, human presence – available at the edges of the Internet. Compared with the traditional client-server architecture of the Internet, a P2P application has the important properties that each peer node belongs to a different owner, and pays and contributes its own resource in return of the service rendered by the P2P network. Thus, the peer is both a resource provider and a resource consumer. As more and more nodes join the P2P network and demand on the system increases, the total resource of the system also increases. (Li 46)
This has led to an explosion in P2P applications like Gnutella and Freenet, in which a computer can gain access to this network simply by downloading the application. Once the program has been downloaded, the client computer can then exchange files with any other computer on the vast network. This concept became widespread with the introduction of Napster, a user-friendly MP3 file-sharing program that became the world’s most popular software application almost overnight (Mitchell). After it was shut down in a fierce court battle, other P2P applications stepped in.
P2P use has been increasing every year since the turn of the millennium. “The traffic analysis conducted by CacheLogic…illustrates that ever since year 2003, P2P file-sharing traffic has surpassed web traffic and becomes the single largest traffic type by volume on ISP networks. Now on the Internet backbone, 65–70% of the traffic can be attributed to the P2P” (Li). This surge in popularity is only going to continue in the future. Recent studies indicate that P2P growth has not slowed despite significant court wins by anti-piracy groups (Rodriguez 78).
III. Applications
The BitTorrent file-sharing protocol has been at the forefront of the P2P revolution. BitTorrent allows users to transfer large amounts of data without putting much stress on a single computer, while still allowing users with small bandwidth capabilities to take part in large data transfers. But how does it work? First, a user makes a file — a seed — available on the BitTorrent network. Other users called peers can then download the seeds. Each peer takes only part of the data from each seed, preventing an individual computer from becoming overwhelmed. After the download is completed, the peer becomes a seed, allowing others to download the file. The individual files are downloaded in the form of another tiny file called a torrent, which must be loaded into a BitTorrent client. This client is what allows the user to be connected to the vast BitTorrent network.
Connecting to the BitTorrent network via a personal computer is a relatively simple process. By downloading a BitTorrent client like Vuze (formally Azureus), Transmission, or Microtorrent, the user has full access to the P2P network. Once downloaded, the user can simply visit torrent sites—also called P2P search engines—that contain vast collections of files. Once the file is downloaded, it is then loaded into the BitTorrent client. The download will commence, and depending on the user’s connection speed, will download until completion. Once the file transfer is complete, the user will become a seeder, contributing a piece of the file to other peers. This is what keeps the P2P network functioning, allowing torrents to have good “health.”
III. Discussion
As a result of the BitTorrent network and other P2Ps, piracy has become a major problem for the music and film industries. The infringement of copyright law can be categorized into two spectrums: piracy and softlifting (Prasad 223). Piracy is the theft of copyrighted material for monetary gain, while softlifting is the copying of protected software onto multiple computers for personal gain. While great strides have been made to reduce both piracy and softlifting, offenders always seem to be able to circumvent any protective measures. The explosion in P2P traffic has made it virtually impossible to curb piracy, which in turn has greatly affected the music industry. The decline in CD sales in Spain over the past few years is arguably due to the development of P2P networks (Sandulli 325). The results of Sandulli’s study indicates that P2P users’ behavior is not consistent. Some users use P2P as a substitute for CDs, while other users feel that P2P is more complimentary. This view is shown by RIAA spokesmen Jonathan Lamy, who looks to a recent study by market tracker NPD Group showing that in 2008, 18% of Internet users downloaded music or other media from a pirate site, compared with 22% who opted for a legitimate site (Juskalian). This detracts from the opinion of the music industry and gives credence to proponents of P2P networks. However, the inevitable truth remains that CDs will eventually become obsolete due in part to P2P technology.
While the BitTorrent network receives flak from the recording industry, P2P networks have a variety of positive aspects. For the new musician and small companies, P2P provides a favorable distribution scheme. This allows for greater competition, which then cause software and music companies who are victims of piracy to invest in research and development, increasing innovation (Prasad 221). Software, for example, has benefited from piracy. Piracy has provided an efficient method of distribution, because as Rajeev Prasad notes, software is only as valuable as the users make it. Also, the relationship between revenue lost and revenue gained due to piracy is closer to equilibrium than many think (Prasad 227). When an individual pirates a piece of software in MP3 format, that person is more likely to either spread awareness to his/her peers or purchase other products from that company. While there is definite revenue loss in the short run, the increase in audience leads to higher revenues in the long run.
The RIAA has not taken kindly to the development of P2P file-sharing networks like BitTorrent. In response, the RIAA has gone through the judicial system to shut down torrent sites. One such BitTorrent tracker that was sued is The Pirate Bay. The Swedish site’s founders were collectively fined $3.6 million and sentenced to a year in jail each for helping violate copyright law (Raphael). The Pirate Bay’s founders are now planning on creating a new service called IPREDator that does not keep a log of consumer activity, greatly increasing user anonymity. The Pirate Bay and Napster both teach a lesson about modern P2P networks: when one tracker gets shut down, many others proliferate in its place like a virus. As Karl Bode, editor of Broadbandreports.com, says, “‘I’ve seen every attempt in the book to reduce peer-to-peer piracy, but it just continues to grow”’ (Juskalian).
After initiating lawsuits against 35,000 people, the RIAA is realizing that attacking the individual will not stop the growing phenomenon of P2P file-sharing. Instead, the organization is sending warning letters to Internet service providers (ISPs) in the hope that they will shut down the pirate. Once the user has been identified, many ISPs will sever their Internet connection or severely limit their bandwidth allowance (Juskalian). One major limitation of BitTorrent is that its users are not fully anonymous; the ISP has full access to what the user has downloaded and uploaded. Many ISPs, however, refuse to comply with the RIAA and will not reveal the names of file sharers. The case Verizon v. RIAA greatly altered the landscape of the P2P battle and highlighted the conflict between privacy and intellectual property rights. At first, the Court ruled on the side of the RIAA, causing many ISPs to comply with the music industry. After the decision, Verizon went to the United States Court of Appeals. The Appeals Court ruled that it does not have the authority to enforce the measures the RIAA requested (Grodzinsky 244). This ruling suggested that while sympathetic towards the copyright holders, the Court could not overlook the issue of privacy.
IV. Effects on Piracy
The emergence of file-sharing through P2P networks has led to the questioning of where the line should be drawn between the protection of privacy versus the protection of intellectual property. The laws that stand between the two are known as copyright laws. “According to Jessica Litman, the original purpose of the copyright law in the U.S. was to encourage the production and dissemination of works of authorship. It was a model that encouraged sharing because it required authors who wanted copyright protection to request it” (Grodzinksy 247). This is why sharing digital information in the form of books and scholarly journal articles is not a problem; credit and consent are easily given. The problem with copyright law is that it is nearly impossible to find the owner of the material in question. The question of who owns the rights to many music files are intricate; does it belong to the artist, the record label, the industry itself, or the distributor? In making the mere ownership of a digital media source without proper consent a crime, the RIAA is creating a muddled “middle-ground” in copyright law due to the sheer difficulty in acquiring such consent.
The RIAA is holding ISPs partially responsible for piracy, and in response, many are increasing surveillance on their users. Universities, for example, have begun to monitor the downloading and uploading activities of students. Many ISPs have become “Gestapo-esque”, overseeing invasive actions on personal autonomy. (Grodzinsky 248). Like piracy, this invasion of privacy can be construed as unethical. Unless a highly unlikely equilibrium forms between protection for intellectual property and personal privacy, one side will always have the advantage. Currently, the only way the problem has been tackled is through the legal system, which has historically expanded property rights in exchange for diminished privacy.
For individual file sharers, rationalizing piracy is relatively easy. Softlifting and piracy lack a clear, identifiable victim. Instead, the victim is a corporation or company for whom individual has no sympathy. Society also dictates file-sharing as socially-acceptable, removing the concern of a guilty conscience. Even when individuals are aware of intellectual copyright infringement, their moral judgement is unaffected. It is also easy to rationalize that the music companies and artists still live luxurious lifestyles despite prevalent piracy. Others will blame the record companies for charging exorbitant prices for CDs. Many use P2P as a method to sample an artist’s discography before purchasing the CD. Lastly, the abundance of free music on the Internet has created the illusion that pirating is completely ethical (Shang 351). Members of cyberguilds like Demonoid.com and PassThePopcorn.org follow the norm of reciprocity, which holds that the download-to-upload ratio should be as close to 50% as possible. This contributes to the belief that piracy is ethically acceptable.
V. Conclusion
P2P networks like BitTorrent have revolutionized the way files are shared, causing an surge in piracy and raising questions of cyberethics. With over 60 million P2P music users and growing, the music industry has seen its welfare placed in jeopardy (Grodzinksky 249). It has begun a fight for its life, sparking a battle between intellectual copyright law and the protection of personal privacy under the United States Constitution. The battle has just begun; brace for the sequel.
Works Cited
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Mitchell, Bradley. “P2P Networking and P2P Software.” About.com. The New York Times Company, 2009. Web. 10 Nov. 2009. <http://compnetworking.about.com>.
Prasad, Rajeev. “Piracy Over Peer-To-Peer Based on Personal Network.” Wireless Personal Communications 37.3-4 (2006), 221 – 231.
Raphael, J. R. “File Sharing’s Future After the Pirate Bay Verdict.” PC World 27.7 (2009): 13. Academic Search Complete. EBSCO. Web. 20 Oct. 2009.
Rodriguez, Pablo, See-Mong Tan, and Christos Gkantsidis. “On the feasibility of commercial, legal P2P content distribution.” ACM SIGCOMM Computer Communication Review 36.1 (2006), 75-78.
Russ, Juskalian “10 years after Napster, online pirates alive and well.” USA Today n.d.: Academic Search Complete. EBSCO. Web. 20 Oct. 2009.
Sandulli, Francesco D. “CD music purchase behaviour of P2P users.” Technovation 27.6-7 (2007), 325-334.
Shang, Rong-An, Yu-Chen Chen, and Pin-Cheng Chen. “Ethical Decisions About Sharing Music Files in the P2P Environment.” Journal of Business Ethics 80.2 (2008), 349 – 365.
