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Friday 1st July 2005
Record labels keep up the heat on file sharers 2:31PM, Friday 1st July 2005
Riding high after their somewhat unexpected court victory against P2P software makers, US record labels and movie studios are turning their thoughts to BitTorrent.

The software, developed by Bram Cohen, is particularly popular for swapping movies, as it splits larger files into smaller sections that download more quickly as the separate parts can be simultaneously uploaded by multiple users.

However its legal position may be stronger than the more established P2P operators. Unlike Grokster, Kazaa and the like, BitTorrent, while undoubtedly responsible for the unauthorised exchange of large amounts of copyrighted information, is also extensively used for legitimately exchanging data. Cohen has also warned uses of the software to desist from illegal file sharing.

'BitTorrent has a more realistic case for non-infringing users than Grokster or the others ever had,' Mark Schultz, an associate law professor at Southern Illinois University, told Reuters.

 
 
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'But we have to be realistic because we know it's used for massive illegal filesharing.'

The Motion Picture of Association of America has already used legal means to shut down many websites that hosted links (so-called tracker files) to BitTorrent downloads. There is also anecdotal evidence that networks have been flooded with fake data, available material has been sabotaged and information gathered to use in possible legal action against files sharers.

Meanwhile, and despite last week's legal success, US record labels are continuing to pursue individual file sharers. The RIAA has initiated another 748 lawsuits.

'On Monday, the Supreme Court provided a real shot in the arm to legitimate online music services and unanimously injected moral clarity into this debate,' said Mitch Bainwol, Chairman and CEO of the RIAA. 'If there was any doubt left, there should now be none - individuals who download music without permission are breaking the law. Our efforts to defend the rights of record labels, musicians, songwriters and others in the music community from theft will certainly continue and likely be strengthened in the weeks and months ahead.'

Both the RIAA and the UK equivalent, the BPI, continue to insist that they are right to demand compensation for file sharing, despite some evidence that the payments they are demanding exceed the value of the files being shared. The BPI has also come under fire for suing the parents of children who shared files without their knowledge.

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