zelda2fanboy said:
Yeah, right. So if I google Avatar torrent right now, google (itself) will give me a tracking file I can throw into my torrent application and begin downloading immediately. Baloney. Torrent sites do not host the actual files, but they do facilitate trading. Do you think the Escapist forum moderators would allow me to talk about movies I'm seeding and post tracking files and addresses? They wouldn't because that would be facilitating piracy. What about a website that gave me a list of local drug dealers? Hey, they aren't doing the actual transactions, so nothing illegal is happening, right?
If google actually hosted the movies trade as directly as pirate bay and torrentfreak do, they'd be sued faster than you could say leecher.
Google points you to sites that have the magic "download" button, just as torrent sites do. If you google "Avatar torrent", click "I'm feeling lucky", one more click and you have the magic button "download torrent", it's not a secret, check it. In this sense google is the best torrent search engine in the whole world, yet no one seems to care. But when a site is named torrentfreak, and does the
exact same thing, everyone is outraged. Way to go, democracy!
And if you post a torrent file here for a video you did on your birthday party or a folder of background pictures, that would be totally okay. See, torrent technology in itself is not illegal. In fact, it's a major leap forward in information exchange. The only thing that taints this invention is the fact it's totally untraceable with proper settings. That's why it's used by pirates. Fast, decentralized, untraceable and totally anonymous = pirate heaven.
Eclectic Dreck said:
Presuming the accused was unaware of an impending lawsuit (as is often the case), while explicit evidence of a transfer might be hard to build, one could readily build a workable case based upon what they find on said users systems.
[...]
With as hard as it is to prove the use did something wrong, it's even harder for the user to explain away.
Sure, but keep in mind, that there are lawyers who can even explain away a dead body in your closet. That's the "best" thing about the legal system, that you can explain everything away if you have the money and the connections. That's why it doesn't matter how much illegal downloads or child pornography you may find on Google, they'll never be held responsible. In this case, torrent is more of an equal opportunity provider, since it treats everyone the same way, you don't get dedicated streams if you are a big fish and you don't get capped if you are just one guy in your mother's basement. It's the perfect communism, everything by everyone for everyone. In fact, the more people are in the network, the better it works.
And yes, you
could build a case against individual illegal downloaders, but for one, it would be long shot, since as you said, there is only circumstantial evidence, and two, you'll have to track them down first, and prove that that the download actually happened. Best case, you'll only have a IP address to prove it. Torrent trackers rarely or never keep logs of transmissions and IPs for the exact same thing. Even if you bust a tracker and physically dissect their servers, you won't find any user IPs or logs on them. Even if you did, on high-speed connections the IP address is constantly changing so it's hard to track (you actually have to pay extra for persistent IP), and people behind proxies are totally untraceable. And of course there is the sheer, mind bogging number of torrent users. It's like trying to find a special speck of dust in a sandstorm.
Legal cases against "illegal downloaders" is nothing more than a publicity stunt, it will never stick without a straight confession from the accused. Even if you manage to track down a single downloader and bring them to court, you then now need to prove they are guilty. An illegal movie on their hard drive proves nothing but the fact they possess an illegal copy, and that can be explained away easily ("I just bought this used HDD online, came in a plain package, no return address, haven't had time to format it yet."). But let's say, you managed to prove they are guilty, then what? Fine? Community service? Prison time? And again, you convicted one (that is 1) or the millions who do the same. Was it worth it? The cost of the literal manhunt to catch even a few of these illegal downloaders would cost an unbelievable amount of money, far more than what they would gain by convicting them. And of course, in this sense you'll have to convict approximately 98% of the internet, because the only ones who don't have any illegal stuff on their computers are the ones who don't know how to get them...
yet.