As I understand it, the threat posed by the technology is more than just that of napster because it also undermines the push to have everyone move to broadband (which would change the face of the internet since cable companies own the lines and don't have the kind of common carrier laws that phone lines do: upshot, cable companies can legally restrict who gets access to those lines) and pay for on-demand content from a central server. Bittorrent distributes files in the way that the internet is actually set up--in a distributed fashion. This also means that shutting down one server doesn't stop the torrent from downloading. Once a whole copy is available on the network, it continues to be available until everyone who has a copy turns it off. It has a short life span right now, but that is only because it is mostly being used for "illegal" file sharing. But if it became popular, if filmmakers and musicians began distributing their wares this way, they wouldn't even have to pay for the extra bandwidth. And, instead of more downloaders putting a strain on the server, they actually, eventually, make the download happen faster.
Until now the MPAA and RIAA--but mostly the former--have relied mainly on civil suits try to stem this dark and dastardly criminal activity. They have targeted and have been closing down a few of the catalog sites which "track" the torrents but don't actually host anything--though as far as i know they only have one conviction. This is because the sites neither invent the technology nor host the files but simply act as a directory where people can host links and possibly the small torrent file which users then download and activate. I don't know enough about the case law, but it doesn't seem that they could possibly stop everyone from doing this. One of the most notorious (right now) is called The Pirate Bay and flaunts cease and desist notices on their website, claiming they are immune from US Law since they are based in Sweden. In other words, the legal suits in this case seem to act more as an ideological tool to criminalize the behavior rather than a realistic attempt to shut down all offenders.
But a few days ago, the feds got involved, have raided some sites and claim that it is under the jurisdiction of Immigration and Customs. The takedown notice makes it all sound so legitimate and ominous: you can se that here http://www.elitetorrents.org/ The press release, at link below below, states that they received help from the MPAA though it really seems to be the other way around.
http://www.ice.gov/graphics/news/newsreleases/articles/starwars052505.htm
I know that most of the argument on this forum usually deals with stuff that happened in the last century, but I also know you are interested in thinking about what's going to happen in the next. The push to make these intellectual property rights stick seems to be the latest form of enclosure and, hence, a key front to fight the ideological battle. On the other hand, all of the press releases and propaganda around this issue claims to be acting for the workers in hollywood so I wondered how much solidarity you thought we should have around this issue. And, if nothing else, it is probably the first time the feds have been concerned enough about workers rights to take any action whatsoever in...well probably decades, if ever. So maybe that's heartwarming for some.
-s
Sean Johnson Andrews Cultural Studies Program George Mason University 703.597.6948 http://mason.gmu.edu/~sandrew3