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Illegal content in P2P networks: first cases in Lithuania

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presented on 2010.11.25 at MRU conference "Social Technologies 2010: Challenges, Opportunities, Solutions"

presented on 2010.11.25 at MRU conference "Social Technologies 2010: Challenges, Opportunities, Solutions"

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  • 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
    • ...
  • 4.  
  • 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“)