What
the Pirate Bay verdict means for search will Google be sued tomorrow? &
Forget The Pirate Bay : Here's 3 File-Sharing Outlets To Take On, plus our own.
Torrent
websites, movie torrents & bit
torrent search We at Filmclips use Google Custom Search to restrict your searches to
Torrent files to find movies etc..??. By appending your query with
filetype:torrent. This technique can be used for any type of file supported by
Google, this to show Pirate Bay is doing less than Google, and that search
doesn't means downloads .
update: Pirate Bay Lawyer to Demand a Retrial: A defense lawyer in the
Pirate Bay file-sharing case said Thursday he will demand a retrial after the
judge admitted he was a member of copyright-protection organizations.
We can also do what the Pirate Bay does, but we do it with Google. Find a
Torrent with filmclips:
When will Google be sued for doing the same ? See http://g2p.org/
for a search engine using Google to find music and more .. and thepirategoogle
that find torrents on ...Google, or our in house torrent
search are doing exact the same as the pirate Bay but better, we did it also
see filmclips torrents.
The Pirate Bay lost in Swedish courts (but this is just the beginning).
Pandia argues that even if BitTorrent is used for the distribution of copyright
protected material, the idea of punishing the search engine may undermine the
very foundation of the Web.
Pirate Bay Twitter press conference:
Forget
The Pirate Bay : Here's 3 File-Sharing Outlets To Take On
The Pirate Bay might be on the verge of leaving the file sharing scene but
like Napster back in the days of yore, even its demise won't mean the end of the
P2P.
The closing down of Suprnova and Napster did not slow down the ascent of the
file sharing online. So there's no reason why this will happen with TPB.
On the contrary, expect more resilient, more decentralised and evolved ways
of exchanging files to come up from the ashes of TPB (assuming of course TPB
will come down crashing).
And here are 3 easy replacements for TPB that the content industry will have
much more trouble closing down.
(1) Google
Ever tried closing Google? Not only the world biggest search engine can be used
to find vulnerabilities in websites thanks to its very extensive search syntax,
it can also be used to find torrent files which can then be used to download the
actual files.
Convincing Google to clean up their indexes and remove all torrent files is
near impossible as torrent files could be renamed to a number of extensions and
even hijack existing popular ones like Microsoft's Word DOC format. Now that
would be embarrassing.
(2) Shareaza and other P2P websites
The Pirate Bay is the largest torrent tracker website online. Before it, was
Suprnova which at one point was the most popular Bittorrent search engine before
it closed down. Another website that is likely to attract some unwanted
attention is www.Mininova.com which
has generated roughly twice as much searches on Google than the Pirate Bay.
As of yesterday, more than 1.1 million torrents could be found on the website
with more than 8 billion dowloads - a near 60 percent increase over May 2008 -
and a whopping 9.4 million searches daily.
As for Shareaza, it is an application that allows you to search and download
content from four peer-to-peer networks simultaneously including EDonkey2000,
Gnutella, BitTorrent and Shareaza's native network, Gnutella2 (G2).
www.Shareaza.com is obviously one
of many applications and has a highly sophisticated IP and client filter. Back
in August 2008, Shareaza also announced a promising new project called Panthera
which could include more robust anonymity features.
(3) Rapidshare
There's a new breed of direct downloading websites which are proving to be a
much more potent threat than torrents despite the fact that they are centralised.
Sites like Rapidshare or www.Megaupload.com
use ultra cheap bandwidth and the fact that even this bandwidth could be
monetised through advertising to launch direct services.
www.Rapidshare.com is ranked
17th on Alexa's list while www.Mininova.org
is ranked just outside the top 1000 and Rapidshare generates twice the amount of
search on Google compared to Mininova.
What the Pirate Bay verdict means for search will Google be sued tomorrow?
Last week the Swedish BitTorrent search engine Peer Review lost the first
round in the Swedish court system.
BitTorrent is one of the most common protocols for transferring large files,
and by some estimates it accounts for about 35%
of all traffic on the entire Internet.
Needless to say, The Pirate Bay has
been used actively for finding and downloading copyrighted material, and in
particular music and video files.
Found guilty
The defendants are Fredrik Neij, Gottfrid Svartholm, Peter Sunde, who runs
the site, and Carl Lundström, a Swedish businessman who through his businesses
has sold services to the site. They have been found guilty of violating
copyright laws and sentenced to a year in prison. They have also been given a
fine of 30 million Swedish Kroner (US$3.6 million).
The Swedish newspaper Dagens
Nyheter points out that the District Court in Stockholm said the punishment
was decided with regards to the fact that the complicity of the
defendants had entailed “an extensive accessibility-making of other people’s
rights”.
In other words: They have been found guilty of making illegal files more
easily available, not for uploading illegal files themselves.
Search vs. distribution of files
The defendants will appeal the verdict. They argue that they have done
nothing illegal by providing a search tool like this one. The users of the tools
commit the crimes, not the toolmakers.
Defense lawyer Per E. Samuelson has argued that “it is legal to offer a
service that can be used in both a legal and illegal way according to Swedish
law” and that The Pirate Bay’s services “can be compared to making cars
that can be driven faster than the speed limit”.
In other words: the defendants argue that he who provides an information
service is not responsible for the information that is being transferred. This
is an important distinction, as it is relevant for all Internet search engines.
How technology changes the playing field
What we see here is a clash between the old world of the printing press and
physical LP/CD/Video production and the new world of online digital
distribution.
The record and movie industry keeps on acting as the old world is the
legitimate one, and given that Swedish as well as international copyright laws
are a product of the old paradigm, they get away with it.
In short: The court argues that the copyright holders are to be paid for each
copy of the intellectual property, be it a physical copy or a digital one.
This is in and for itself a very difficult position, given that the
technological development has made it impossible for them to stop the copying
and distribution of digital files.
There were monks in the late Middle Ages that cursed Gutenberg for the
printing press. After all: copying manuscripts by hand was part of their
livelihood, and you could argue that the artistic value of their work was higher
than the printed copies.
The record companies can no more stop illegal copying of music files than the
monks could stop the printing industry.
Search is not the same as distribution
Still, let’s for the sake of argument say that they could win that battle
— that they could close down all illegal file distribution through
peer-to-peer networks, file servers and websites. Does that imply that they
should be able to stop the search engines that help people find the material as
well?
Given that the Swedish verdict focuses on the complicity of Pirate
Bay, what the media industry is trying to stop is not only the distribution of
files themselves, but the tools that help you to search for content, being that
legal or illegal.
The Pirate Bay’s marketing tactics have been unwise, to say the least. The
name itself implies that they are doing something illegal. In principal,
however, there is no difference between Pirate Bay and — let’s say —
Google.
Google says that they are activley removing links to copyrighted material.
That might be, but they are also very clear about the fact that their search
algorithm is to be objective and neutral, that it is the algorithm that
calculates what content is good and relevant and what is not, and that they do
not read nor judge the content of the material found.
The Google search engine is not a directory edited by humans, and so you can
not blame Google for the content found by the search engine robots, no more than
you can blame a map maker for the ugly buildings in your neighborhood.
This is the way it has to be if you are to index a cyberspace of some 1
trillion documents. And it is also the way it has to be if you are to avoid
censorship.
If you do a web search on Google today, you will find a large number of web
pages that makes illegal use of protected material. This applies to copied text,
but even more common is the use of pictures and music.
Indeed, now that web publishing has reached the masses through tools like
Blogger, Flickr and Facebook, amateur publishers use Google Image search to find
pictures they can use in their blogs and on their home pages.
Google makes all this creativity possible, but they can hardly be blamed for
the copyright violations. Because if you do punish Google for this, you risk
ruining the very tools that makes the Web such a useful tool for dissemination
of information, namely the search engines.
Last week Forbes published an article called Why
Google Is The New Pirate Bay. Ben Edelman, a professor at Harvard’s
Business School focused on Internet regulation, argues that the media industry
may now shift its focus to Google.
“Google now can and does do what the Pirate Bay has always done,” Edelman
says to Forbes. “And if they’re prosecuted, they would have much more
interesting arguments in their defense.”
The publishing industry vs. Google
Some of these arguments are the same as the ones Google uses against the
publishing industry.
Newspapers are blaming Google for cheating them for revenue by indexing their
news articles and including them in Google News. Mind you: Google is not
reproducing the articles themselves. They are linking to them with a headline, a
snippet presenting the content and in some cases a picture.
Given that the newspapers are still living in the 20th century, they
apparently fail to see that Google is giving them free traffic this way, and
that this traffic is worth much more than any possible copyright infringment
that little snippet summary may entail.
Or maybe they are just greedy.
In any case, if they succeded in stopping Google from republishing snippets
of this kind (which they can do by adding a line to their robots.txt file), they
would seriously weaken the search engine’s functionality and through that the
usefulness of the world wide web. Danny Sullivan has a great discussion of this over
at his personal blog.
What the newspaper case and the Pirate Bay case have in common, is the media
industry’s inablility to distinguish between search and content, and between
the map and the world.
They cannot win
The fact is that the music, movie and publishing industries will fail in
their efforts.
We are living in 2009. This is a new world, a world where the Internet has
become an integrated part of modern society and where the search engines provide
an essential part of the infrastructure that makes communication, trade and
learning possible. The search engines are as essential to modern living as tap
water and electricity.
Over 8000 people joined the Swedish Pirate Party in the 24 hours following
the verdict. It has now over 23,000 members, making it the fourth-largest
Swedish political party by membership count. The Norwegian communist party Red
has started a global campaign in support of The Pirate Bay.
Admittedly, these events do not represent a revolt of the common man against
“the media-industrial complex”. The people defending The Pirate Bay are
mainly from an age cohort that does not have much political influence.
But if the industry decides to attack search engines that are used by kids,
grandmothers, business women and politicians alike, they will soon face a PR
disaster of epic proportions. And the main reason is that we can no longer live
without well functioning search engines.
There is also another reason, and one that is much more serious for the media
companies: Most people no longer consider it a crime to distribute music and
movie files to friends and family, nor do they find it objectable to make
mashups of images, text and sound found online. When the majority loses respect
for a judicial principle, that principle is about to die.
Maybe the media companies should start preparing for the future instead of
clinging to the past.
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