42
to search for other files made available by others for download from hundreds of sources. Before file-sharing
systems were developed, people copied records and tapes and exchanged them, but file-sharing systems permit
the exchange of copies by many more users.
Peer-to-Peer (P2P) technology plays a vital role in the Internet. Currently, over 50 per cent of consumer Internet
traffic is generated by peer-to-peer networks.
338
The number of users is growing all the time – a report published
by the OECD estimates that some 30 per cent of French Internet users have downloaded music or files in file-
sharing systems,
339
with other OECD countries showing similar trends.
340
File-sharing systems can be used to
exchange any kind of computer data, including music, movies and software.
341
Historically, file-sharing
systems have been used mainly to exchange music, but the exchange of videos is becoming more and more
important.
342
The technology used for file-sharing services is highly sophisticated and enables the exchange of large files in
short periods of time.
343
First-generation file-sharing systems depended on a central server, enabling law
enforcement agencies to act against illegal file-sharing in the Napster network.
344
Unlike first-generation
systems (especially the famous service Napster), second-generation file-sharing systems are no longer based on
a central server providing a list of files available between users.
345
The decentralised concept of second-
generation file-sharing networks (see Figure 13) makes it more difficult to prevent them from operating.
However, due to direct communications, it is possible to trace users of a network by their IP-address.
346
Law
enforcement agencies have had some success investigating copyright violations in file-sharing systems. More
Content Distribution Technologies, 2004”, available at: http://www.spinellis.gr/pubs/jrnl/2004-ACMCS-p2p/html/AS04.pdf.
336
GAO, File Sharing, “Selected Universities Report Taking Action to Reduce Copyright Infringement”, available at:
http://www.gao.gov/new.items/d04503.pdf; Ripeanu/Foster/Iamnitchi, Mapping the Gnutella Network: Properties of Large-Scale Peer-
to-Peer Systems and Implications for System Design, available at: http://people.cs.uchicago.edu/~matei/PAPERS/ic.pdf. United States
Federal Trade Commission, Peer-to-Peer File-Sharing Technology: Consumer Protection and Competition Issues, page 3, available at:
http://www.ftc.gov/reports/p2p05/050623p2prpt.pdf; Saroiu/Gummadi,/Gribble, A Measurement Study of Peer-to-Peer File Sharing
Systems, available at: http://www.cs.washington.edu/homes/gribble/papers/mmcn.pdf.
337
In 2005, 1.8 million users used Gnutella. See Mennecke, “eDonkey2000 Nearly Double the Size of FastTrack”, available at:
http://www.slyck.com/news.php?story=814.
338
See Cisco” Global IP Traffic Forecast and Methodology”, 2006-2011, 2007, page 4, available at:
http://www.cisco.com/application/pdf/en/us/guest/netsol/ns537/c654/cdccont_0900aecd806a81aa.pdf.
339
See: “OECD Information Technology Outlook 2004”, page 192, available at: http://www.oecd.org/dataoecd/22/18/37620123.pdf.
340
One example is Germany, where a regularly updated report of the Federation of the phonographic businesses pointed out that, in
2006, 5.1 million users in Germany downloaded music in file-sharing systems. The report is available at:
http://www.ifpi.de/wirtschaft/brennerstudie2007.pdf. Regarding the United States see: Johnson/McGuire/Willey, “Why File-Sharing
Networks Are Dangerous”, 2007, available at: http://oversight.house.gov/documents/20070724140635.pdf.
341
Apart from music, videos and software, even sensitive personal documents are often found in file-sharing systems. See:
Johnson/McGuire/Willey, “Why File-Sharing Networks Are Dangerous”, 2007, available at:
http://oversight.house.gov/documents/20070724140635.pdf.
342
While in 2002, music files made up more than 60% of all files exchanged in file-sharing systems in OECD countries, this proportion
dropped in 2003 to less than 50%. See: “OECD Information Technology Outlook 2004”, page 192, available at:
http://www.oecd.org/dataoecd/22/18/37620123.pdf.
343
Schoder/Fischbach/Schmitt, “Core Concepts in Peer-to-Peer Networking”, 2005, page 11, available at: http://www.idea-
group.com/downloads/excerpts/Subramanian01.pdf; Cope, Peer-to-Peer Network, Computerworld, 8.4.2002, available at:
http://www.computerworld.com/networkingtopics/networking/story/0,10801,69883,00.html; Fitch, From Napster to Kazaa: What the
Recording Industry did wrong and what options are left, Journal of Technology Law and Policy, Vol. 9, Issue 2, available at:
http://grove.ufl.edu/~techlaw/vol9/issue2/fitch.html.
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Regarding Napster and the legal response see: Rayburn, After Napster, Virginia Journal of Law and Technology, Vol. 6, 2001,
available at: http://www.vjolt.net/vol6/issue3/v6i3-a16-Rayburn.html. Penn, Copyright Law: Intellectual Property Protection in
Cyberspace, Journal of Technology Law and Policy, Vol. 7, Issue 2, available at: http://grove.ufl.edu/~techlaw/vol7/issue2/penn.pdf.
345
Regarding the underlying technology see: Fischer, The 21
st
Century Internet: A Digital Copy Machine: Copyright Analysis, Issues,
and Possibilities, Virginia Journal of Law and Technology, Vol. 7, 2002, available at: http://www.vjolt.net/vol7/issue3/v7i3_a07-
Fisher.pdf; Sifferd, The Peer-to-Peer Revolution: A Post-Napster Analysis of the Rapidly Developing File-Sharing Technology,
Vanderbilt Journal of Entertainment Law & Practice, 2002, 4, 93; Ciske, For Now, ISPs must stand and deliver: An analysis of In re
Recording Industry Association of America vs. Verizon Internet Services, Virginia Journal of Law and Technology, Vol. 8, 2003,
available at: http://www.vjolt.net/vol8/issue2/v8i2_a09-Ciske.pdf; Herndon, Who’s watching the kids? – The use of peer-to-peer
programs to Cyberstalk children, Oklahoma Journal of Law and Technology, Vol. 12, 2004, available at:
http://www.okjolt.org/pdf/2004okjoltrev12.pdf; Fitch, From Napster to Kazaa: What the Recording Industry did wrong and what options
are left, Journal of Technology Law and Policy, Vol. 9, Issue 2, available at: http://grove.ufl.edu/~techlaw/vol9/issue2/fitch.html.
346
For more information on investigations in peer-to-peer networks, see: “Investigations Involving the Internet and Computer
Networks”, NIJ Special Report, 2007, page 49 et seqq., available at: http://www.ncjrs.gov/pdffiles1/nij/210798.pdf.