Illegal content in P2P networks: first cases in Lithuania
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The document discusses the prevalence and legal challenges of peer-to-peer (P2P) networks in Lithuania, particularly regarding illegal content such as file sharing. It outlines several cases involving the shutdown of torrent servers and highlights the theoretical and practical problems associated with distinguishing legal from illegal P2P usage. Issues include responsibilities of Internet Service Providers, ownership of devices, user intentions, and the balance between protecting intellectual property and facilitating creativity.
Illegal content in P2P networks: first cases in Lithuania
- 1. illegal content in P2P networks: first cases in Lithuania Liutauras Ulevičius Mykolas Romeris University
- 2. basic facts P2P usage – overhelming, most frequent uses: − file sharing, audiovisual content − majority of local internet users know/use P2P networks − ISP's used to advertise services as „free to get“ audiovisual content
- 3. cases in Lithuania closing down torrent server − dc.meganet.lt „106“ case − Kaunas district police vs. S.Bernotas Microsoft vs. linkomanija.net − server taken-down ...
- 5. I. legal vs. illegal
- 6. theoretical discussion illegal: − IPR priority − no IPR holder consent legal: − IPR holders are in charge to create a new model for remuneration for information exchange − public interest to protect free flow of information, provide opportunity for free creativity
- 7. II. theoretical & pracical problems
- 8. theoretical problems - who? Device is owned by institution vs. employee free WiFi – user responsibility as contractual clause „dead PCs“ - no owner will minors ISP obligation to inform/educate
- 9. theoretical problems - why? A deliberate action or a mistake ISP & LANVA agreement? user to prove safe usage? „Microsoft“ 30 day trial for „Windows 7“ commercial purposes?
- 10. theoretical problems - why? 6 months to keep data? Temporary PC copy during www browsing? Privacy vs. „Linkomanija“ / LANVA Pirate party: a) no damage for owner; b) piracy as good for development; c) too high value for low owner activity; d) it's not a theft partial distribution = responsibility? some content is legal to distribute via P2P
- 11. theoretical problems - how? Factual: a) fake IP/MAC addresses; b) IP connection <> copying; c) „Windows 7“usage – PC check needed; d) no certification for „utorrent“ data No formal procedure, regulation for network devices usage (e.g. France) prosecutor or user to prove data were transfered How to check closed-circle networks? (e.g. „Linkomanija“)