check point 2

We believe that using a bittorrent in conjunction with an iTunes client to distribute movies is an ethically, technologically, and legal way for consumers to gain access to high definition movies.

Ethics: The ethics of downloading movies illegally have been long debated. Copyright holders claim gross infringements to their creative expression, while consumers have debated to what extent their rights as consumers guarantee them access to products. However, we will examine both the Kantian and Utilitarian arguments in this memo, in union with the knowledge that the service we will offer will not break any court precedents or infringe copyright holder’s rights.

Legal: While we do plan to recommend the use of BitTorrent to iTunes for use with HD movies, there are many legal issues which must be considered with the implementation of this new use.

Initially, the legal problems associated with the use of BitTorrent for iTunes HD movies seem to outweigh the benefits of usage. However, the many court cases which have been filed against BitTorrent are ones of illegal music distribution (such as those filed against Supernova.org, EliteTorrents.org, and LokiTorrent). As long as iTunes allows for regulations that prevent such abuses with the HD movies, these types of cases can be avoided (regulations should prevent the sharing of illegally downloaded movies, prevent the purchase and sharing of HD movies which are not otherwise available to be run on computer programs, prevent the purchase and sharing of HD movies available in the US to those outside of the US to whom they are not yet available, and generally ensure that all DRM standards are met).

Becoming a safe harbor under DMCA Title II would also ensure that Apple is not responsible in the case that these measures are circumvented. This clause provides protection for online service providers against copyright liability “if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent.”

Finally, Apple must consider the antitrust implications which could accompany such a decision. Apple has already faced monopoly charges in the past (such as the lawsuit regarding the iTunes-iPod link, in which Apple’s motion to the court to dismiss the suit was denied just this December, and other very similar suits in Europe). Further litigation would not help their case.


http://en.wikipedia.org/wiki/DMCA
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9006985
http://en.wikipedia.org/wiki/Bittorrent
Stephanos Androutsellis-Theotokis and Diomidis Spinellis, "A survey of peer-to-peer content distribution technologies", ACM Computing Surveys, (36):4, 2005.
Bob Rietjens, "Give and Ye Shall Receive! The Copyright Implications of BitTorrent", SCRIPT-ed 327, 2:3, 2005.
Fred von Lohhman, IAAL*: What Peer-to-Peer Developers Need to Know about Copyright Law EFF, January, 2006