illegal content in P2P networks:first cases in Lithuania

Liutauras UlevičiusMykolas Romeris University

basic facts P2P usage – overhelming, most frequent uses:

file sharing, audiovisual content majority of local internet users know/use P2P

networks ISP's used to advertise services as „free to get“

audiovisual content

cases in Lithuania closing down torrent server

dc.meganet.lt „106“ case

Kaunas district police vs. S.Bernotas Microsoft vs. linkomanija.net

server taken-down ...

I. legal vs. illegal

theoretical discussion illegal:

IPR priority no IPR holder consent

legal: IPR holders are in charge to create a new model

for remuneration for information exchange public interest to protect free flow of

information, provide opportunity for free creativity

II. theoretical & pracical problems

theoretical problems - who? Device is owned by institution vs. employee free WiFi – user responsibility as contractual

clause „dead PCs“ - no owner will minors ISP obligation to inform/educate

theoretical problems - why? A deliberate action or a mistake ISP & LANVA agreement? user to prove safe usage? „Microsoft“ 30 day trial for „Windows 7“ commercial purposes?

theoretical problems - why? 6 months to keep data? Temporary PC copy during www browsing? Privacy vs. „Linkomanija“ / LANVA Pirate party: a) no damage for owner; b) piracy as

good for development; c) too high value for low owner activity; d) it's not a theft

partial distribution = responsibility? some content is legal to distribute via P2P

theoretical problems - how? Factual: a) fake IP/MAC addresses; b) IP

connection <> copying; c) „Windows 7“usage – PC check needed; d) no certification for „utorrent“ data

No formal procedure, regulation for network devices usage (e.g. France)

prosecutor or user to prove data were transfered How to check closed-circle networks? (e.g.

„Linkomanija“)