Intellectual Property Law

Although the implications of being accused of copyright infringement are significant, very little is known about the methods used by enforcement agencies to detect it, particularly in P2P networks. We have conducted the first scientific, experimental study of monitoring and copyright enforcement on P2P networks and have made several discoveries which we find surprising.

* Practically any Internet user can be framed for copyright infringement today.
By profiling copyright enforcement in the popular BitTorrent file sharing system, we were able to generate hundreds of real DMCA takedown notices for computers at the University of Washington that never downloaded nor shared any content whatsoever.

Further, we were able to remotely generate complaints for nonsense devices including several printers and a (non-NAT) wireless access point. Our results demonstrate several simple techniques that a malicious user could use to frame arbitrary network endpoints.
* Even without being explicitly framed, innocent users may still receive complaints.
Because of the inconclusive techniques used to identify infringing BitTorrent users, users may receive DMCA complaints even if they have not been explicitly framed by a malicious user and even if they have never used P2P software!
* Software packages designed to preserve the privacy of P2P users are not completely effective.
To avoid DMCA complaints today, many privacy conscious users employ IP blacklisting software designed to avoid communication with monitoring and enforcement agencies. We find that this software often fails to identify many likely monitoring agents, but we also discover that these agents exhibit characteristics that make distinguishing them straightforward.