[lbo-talk] Feds defend Hollywood, arrest file sharers for customs violations (or something)

[Sean Johnson Andrews]

I don't know if anyone is following the latest attempts by the recording 
industry to shore up their "intellectual property rights," but it is getting 
interesting.  They are basically flailing because if the latest method of 
file sharing--via a simple protocol called bittorrent--it would become 
increasingly difficult to trace file sharing because it would be completely 
de-centralized.  When a user opens the torrent they are simlutaneously 
uploading and downloading the file with everyone else logged onto the 
network.  This makes it possible to utilize the bandwidth of their 
collective hard drives in order to make all of the downloads go faster.  It 
also makes it possible to host a file from your home computer for thousands 
of people without it really eating up your bandwidth.

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