It turns out that Fox’s assumption is right. We decided to look into the download locations of one of the most popular Prison Break torrents and found that, based on a sample of more than 250,000 downloads, most downloaders are located in Europe.

In our sample, which represents approximately 10% of the total downloads this week, the show was most downloaded in Poland (12%). UK and France were in second and third place respectively, followed by Canada and The Netherlands. The US was sixth in the list with only 4% of the total downloads, and Greece, Spain, Australia and Brazil complete the top 10.

As we have said before, availability seems to the key issue why people turn to BitTorrent. Non-US Prison Break fans sometimes have to wait for weeks or even months before the show airs on TV in their country, and many of them are not that patient, or willing to torture themselves. Until this problem is addressed, we’re not likely to see a decrease in TV-show downloads from BitTorrent.

The 4% US downloaders that preferred to get the show via BitTorrent instead of streaming it online probably did so because they wanted to watch it on their TV or get a higher quality copy – streaming isn’t all that. Both Fox and Hulu, the two sites that offer Prison Break streams have not published any numbers, so it’s hard to compare the number of US downloaders (~100.000) with the US streamers.

We do have a new TV-torrent download chart, with plenty of newcomers. So, let’s take a look at the 10 most downloaded shows this week. The data for the weekly download chart is collected by TorrentFreak from a representative sample of BitTorrent sites and is for informational and educational reference only.

Top Downloads August 31 – September 07

Source: Europe Gets Prison Break Fix via BitTorrent

The European Court of Justice agreed with Telefonica in its dispute with the Spanish music rights holders association Promusicae. In order to start civil proceedings, Promusicae had asked for the names of Telefonica subscribers, who allegedly infringed copyrighted material by using KaZaA.

The court said that: “Community law does not require the member states, in order to ensure the effective protection of copyright, to lay down an obligation to disclose personal data in the context of civil proceedings.”

This ruling is a huge victory for EU filesharers, whose privacy is now backed by a ruling from the European Court. For ISPs this should be a huge relief as well, and they can finally put their time and effort in working for their customers, instead of against them.

The tide is changing for European filesharers. Last week we reported that the data protection commissioner in Switzerland criticized the infamous anti-piracy tracking outfit Logistep for helping to breach the privacy of filesharers. A few days before that decision, Greens EFA, a coalition of two political parties that currently have 42 seats in the European parliament, launched a pro-filesharing campaign named “I Wouldn’t Steal”.

Source: European Court Decides FileSharers Should Stay Anonymous

The ‘Eurobarometer’ study covers many aspects of electronic communication used by kids between the ages of 9 and 14 but of course, we’re interested in the internet section and in particular, file-sharing.

When asked how they ‘learned’ how to use the internet, many of the children said they couldn’t remember – an indication of how early in a child’s life computers are introduced these days and summed up nicely by a 9-10 year old boys group from the Netherlands: “There is nothing to learn” and from a group of German boys: “It is in my blood. I am a computer freak.”

Most say that they were shown the basics but went on to teach themselves and other people, including their parents: “My parents do not teach me, I teach them!” (Boys group, 12-14 years, Ireland)

In respect of file-sharing, the 9-10 year old groups didn’t show much interest, the complete opposite of the 12-14 year olds, especially the boys who really enjoyed downloading new games.

It’s obvious from the samples given in the report that those kids questioned in the older groups had some grasp of the law relating to file-sharing. However, the bad news for those planning on enforcing copyright law on them when they become adults is that they don’t really care about it. Right across the European countries questioned, for the kids, awareness of the law didn’t really translate into a concern for operating within it.

Amongst the kids there was generally an attitude of “everyone is doing it, so i’ll do it too”. Add this to the fact that many kids watch their parents file-sharing: “Dad does it all the time” (Girls group, 12-14 years old from Norway), there’s a real challenge for the media companies in trying to get these kids to stop or change habits in the future.

A group of 9-10 year old Belgian girls share the opinions of millions of file-sharers world-wide when they said: “But I do not understand that it is illegal”.

The older boys group (12-14 years) from Denmark said: “It’s illegal, but it does not look like it is illegal” while the girls from the same age group in Belgium proclaimed: “It is wrong but not our fault”.

Almost nailing current perception of European copyright law, the 12-14 year old boys group in Finland claimed “Downloading is illegal, it is not punishable whereas sharing the files is punishable”. It’s generally felt that downloading is not an offense in Europe, where uploading probably is.

The French boys get it totally right when they said: “People download, but if is just for themselves, it is less serious than downloading for burning and reselling”. Indeed, selling copyright material is generally a criminal offense whereas file-sharing is nearly always a civil issue in Europe.

The older boys from the UK could be forgiven for coming to the conclusion they came to: “I don’t really feel guilty. It wouldn’t be on the Internet if it was like really illegal, they wouldn’t have it there”.

The older Czech boys felt that paying for stuff wasn’t necessary: “They have a lot of money ! They don’t need my money”, an opinion shared by the Italians: “I really don’t care, it’s not my problem. Singers and actors are rich enough”.

Having paid their ISP for their internet connection, the 12-14 year old boys from Portugal feel they have done their part: “We pay because we are spending megabits!”

Most of the children when questioned said they intend to carry on downloading and nothing is likely to stop them, however something that continually crops up in the internet part of the report is the concern the children have for downloading a virus. Indeed this is their major concern, although a 9-10 year old boys group from Slovakia had a solution:

“… Just download anti-virus software.”

The report can be downloaded here.

Thanks to Chris Pirillo for the great artwork

Source: File-Sharing Kids: “I really don’t care, it’s not my problem. Singers and actors are rich enough”

Kokott, top legal adviser to the European Union’s highest Court said that while it is a requirement for ISP’s to divulge personal details in criminal cases, the law does not have the power to force them to disclose the same in a civil case. In Europe, the personal, non-commerical sharing of copyright works is a civil issue.

The statement was issued to help judges come to a decision in the case involving Promusicae – a Spanish music industry organisation – and Telefonica, Spain’s biggest ISP. Promusicae sued Telefonica after they refused to reveal the identities of some of its customers who were accused of swapping copyright music using the file-sharing software, KaZaA. If it had been successful, Promusicae would have used the information to take legal action against those it accuses of sharing music to which it holds the rights.

Telefonica appears to have successfully argued that the law only required it to reveal the identities of those accused of a criminal offense and that sharing of music was a civil issue.

Juliane Kokott’s advice will be reviewed by the judges and a ruling will be issued later on in the year. According to a report, the judges ‘follow their advisers opinions about 80% of the time.’

Earlier this year, UK law firm Davenport Lyons successfully obtained the identities of hundreds of people it claimed had infringed its client’s copyrights by sharing the game Dream Pinball. It remains to be seen if today’s legal advice will affect those who have already had their details handed over.

Source: Major Victory Within Reach For European File-Sharers