Illegal content in P2P networks: first cases in Lithuania

illegal content in P2P networks: first cases in Lithuania Liutauras Ulevičius Mykolas Romeris University

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

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
...

I. legal vs. illegal

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

II. theoretical & pracical problems

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

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?

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

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“)

Illegal content in P2P networks: first cases in Lithuania

by Liutauras Ulevičius on Nov 25, 2010

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Illegal content in P2P networks: first cases in Lithuania — Presentation Transcript