99% of BitTorrent Content Illegal?

A new survey suggests that about 99 percent of available BitTorrent content violates copyright laws, says Sauhard Sahi, a Princeton University student who conducted the analysis.

Some question the methodology, pointing out that the study only looks at content that is available, not content transferred. That might not be such a big distinction, though. Copyright holders are growing more insistent that Internet service providers actively block delivery or sending of such illegal material.

That, in turn, raises lots of issues. BitTorrent can be used in legal ways, so blocking all torrents clearly violates Federal Communications Commission guidelines about use of legal applications on the Internet. That said, the fact that the overwhelming majority of BitTorrent files consist of copyrighted material raises huge potential issues for ISPs that might be asked to act as policemen.

The study does not claim to make judgments about how much copyrighted content actually is downloaded. But it stands to reason that if such an overwhelming percentage of material is copyrighted, that most uploads and downloads will be of infringing content.

The study classified a file as likely non-infringing if it appeared to be in the public domain, freely available through legitimate channels, or  user-generated content.

By this definition, all of the 476 movies or TV shows in the sample were found to be likely infringing.

The study also found seven of the 148 files in the games and software category to be likely non-infringing—including two Linux distributions, free plug-in packs for games, as well as free and beta software.

In the pornography category, one of the 145 files claimed to be an amateur video, and we gave it the benefit of the doubt as likely non-infringing.

All of the 98 music torrents were likely infringing. Two of the fifteen files in the books/guides category seemed to be likely non-infringing.

"Overall, we classified ten of the 1021 files, or approximately one percent, as likely non-infringing," Sahi says.

"This result should be interpreted with caution, as we may have missed some non-infringing files, and our sample is of files available, not files actually downloaded," Sahi says. "Still, the result suggests strongly that copyright infringement is widespread among BitTorrent users."

Traffic Shaping, Not Blocking

Users of RCN broadband access services are complaining about blocking of BitTorrent connections. That seems unlikely, though traffic shaping seems certain. RCN has in the past noted that more than 90 percent of upstream traffic was composed of P2P streams. And since upstream bandwidth is the key resource constraint, RCN traffic shaping was not unexpected. When users are sharing a scarce resource, some "rationing" is simply fairness.

Defanged Skype

For all the fear Skype and other IM-based and peer to peer voice applications and services have created in the broader service provider industry, Skype seems to have crested. Skype still has lots of registered users, but they don't seem to be calling and using Skype chat as much as they used to.

Remember the concern municipal Wi-Fi networks raised just two years ago? Telcos and cable companies were worried muni Wi-Fi would cannibalize cable modem and Digital Subscriber Line services. And dare we even mention Vonage and other independent VoIP providers.

In fact, the only threat that really has materialized is cable companies. At least in North America, cable companies have emerged as the most serious threat to wireline voice and broadband Internet access revenue streams. Everything else essentially has remained a flea bite.

On the video and audio content side, remember the hackles BitTorrent and Kazaa raised? Now we have iTunes, Joost and a legal BitTorrent working with content owners.

So what conclusions should one draw from all of this? Probably that "disrupting" powerful incumbents is going to be much harder than attackers once had believed. Bandwidth exchanges thought they'd reshape interconnection. Competitive local exchange carriers thought they'd capture a goodly portion of the wireline voice market. Independent DSL providers thought they'd catch the telcos sleeping. Internet Service Providers thought the same about dial-up.

Turns out incumbents have more resiliency than anybody might have thought.

BitTorrent Throttled by Comcast

Internet Service Providers don't like BitTorrent because it basically destroys their business model (flat rate access) and stresses the very part of their network most vulnerable to high usage (the upstream). Many ISPs simply limit the available bandwidth for BitTorrent traffic. Cable operators that now seem to include Comcast go a bit further and disupt the "seeding" process that allows BitTorrent peers to act as better upload nodes. In Canada, Cogeco and Rogers Cablesystems also "step on" BitTorrent traffic.

If P2P traffic keeps growing the way Cisco predicts, and if no changes are made in the dominant retail pricing model, throttling of P2P applications will happen on a wider scale. P2P attacks network capacity at its weakest link.