Out-Law / Your Daily Need-To-Know

The Motion Picture Association of America (MPAA) stepped up its fight against the illegal downloading of copyrighted films over the internet yesterday, with the announcement that its members had filed suit against BitTorrent server operators.

BitTorrent, eDonkey and DirectConnect represent a new type of peer-to-peer software that functions not so much by sharing files, but by sharing the distribution of a file, so that many users can access a film as it is being downloaded, using less bandwidth than if each user had to stream the film separately.

These kinds of P2P networks rely on servers termed BitTorrent "trackers", eDonkey "servers" and Direct Connect "hubs". These web sites index digital files of all kinds, says the MPAA, and when accessed by a user, deliver the chosen film, game or song using the relevant software.

The MPAA is therefore targeting the operators of these servers – as opposed to the creators of the P2P software – accusing them of helping on-line pirates steal hundreds of millions of illegal copies of movies and TV programs.

"The operators of these servers exercise total control over which files are included on their servers and even determine if some kinds of files aren't allowed," said John Malcolm, the MPAA's Senior Vice President and Director of Worldwide Anti-Piracy Operations.

"For instance, some operators won't post pornography on their systems, but they have no compunction allowing illegal files of copyrighted movies and TV shows to flow through their servers. We are moving to stop that. The message today is clear: if you illegally trade movies on-line, we can find you and we will hold you accountable," he added.

The MPAA has filed suit against over 100 BitTorrent operators in the US and UK, and local authorities have already taken action against server operators in France, The Netherlands and Finland.

The MPAA and various national rights-holder groups are also in the process of sending cease-and-desist letters to ISPs throughout the world that host eDonkey servers and DirectConnect hubs.

Neither BitTorrent, eDonkey nor DirectConnect had any comment on the suits.

The latest move comes almost a month after the MPAA took legal action against over 200 individuals who had illegally traded digital copies of films over the internet. Those suits seek damages and an injunction against further file-sharing.

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