BitTorrent recently agreed to remove links to content owned by MPAA companies. No timetable for implementation was given. Unauthorized downloads are still facilitated by the Bit Torrent web site. Searching for Harry Potter shows torrents for the new release, Goblet of Fire.

This announcement may seem to be similar to others where P2P makers have agreed to filter unauthorized files. But it is not. First, acquaint yourself with how Bit Torrent is different from node-oriented P2P networks.

Bit Torrent is more liable

Like other P2P developers Bit Torrent has never promoted or hosted unauthorized content on its web site or software. But there is one large difference. Other P2P developers do not link to unauthorized content. They have no knowledge of copyright infringement. Searches, downloads, and sharing are directly among and between software users. The P2P developer is not involved.

That is not the case for the Bit Torrent network. Torrents, required to enable downloads and sharing, are located on web sites. Bit Torrent provides a search engine to find torrents. The liability for such search results is a gray area. Like Google, BitTorrent.com does not actually store the results or have direct responsibility for those torrent files. But like the original Napster, Bit Torrent does have knowledge of unauthorized files.

Less filling - virtually no effect

In other P2P software filtering prevents unauthorized files from being downloaded or shared. That is not the case with Bit Torrent software. Removing unauthorized files from BitTorrent.com does not prevent downloading or sharing through the Bit Torrent software. Furthermore there are hundreds of other web sites where users can obtain torrents.

There are interesting questions here.

Why didn't the MPAA sue Bit Torrent to force the software to filter? The likely answer - the MPAA has little cause for active inducement per the Supreme Court decision.

Why didn't Bit Torrent simply turn off torrent search from the web site? That would have no effect on their software. The answer - that's where they can make money.

The lesson:

Bit Torrent backed into a network architecture and business model that fully divorces corporate liability from that of the users. Give the software away free with no advertising. Create a standard and open network protocol for publishers and developers to use and help promote the technology. Earn revenues on fully legal services such as search (with filtering) and publishing.

Marc Freedman
RazorPop, developer of TrustyFiles, the leading multiple network file sharing software with search and download of ALL top networks.
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