Let’s start with a great fact: that, as Rasmus Fleischer of Piratbyran points out, the entire Pirate Bay could fit on a single USB stick. This got me thinking: what if someone was to simply scrape and copy all The Pirate Bay’s torrents over to a new tracker and Mininova and all the other indexes currently using the TPB tracker were to change their listings to point to that? OpenBitTorrent.com for example, an independent open tracker which started recently.

What if someone else — it could be anyone; it could be you! — decided to make a new index of these torrents. Call it ‘The Pirate Ship’, ‘Brand New Pirate’, whatever. I’m sure someone has already got a domain ready and waiting for this.

This new index would be functionally equivalent to The Pirate Bay. By the magic of copy-and-paste, TPB would have transplanted itself somewhere new. The corporate ‘buyers’ are free to run the old site into the ground with whatever specious business models they care to waste their shareholders’ money on, while The Pirate Bay’s new foundation uses it to fund interesting, new projects.

Think about it for a moment. What would be the downside of the sale here?

Privacy, possibly — a serious concern. Had The Pirate Bay been keeping logs of seeders and leechers, the acquiring company could — after flailing about for a few months trying to sell bits and bandwidth — auction this to the highest bidder. But TPB have been scrupulously failing to keep such logs. So provided people switch at the right time — as I’m sure they’ll have the intelligence to — there will simply be nothing to sell.

Let’s not be glib about it: after the shenanigans with insider trading, who knows if the deal goes through. But if it does, those behind TPB may have managed to square the circle, sliding out from behind the old, compromised identity while handing-off everything of value (tracker, torrents, users) to the community.

The very fact that this is possible should give those backing business models based on copy-restriction something serious to think about. Not only is this not a blow for P2P, it’s a signal of something very worrying for the MPAA and Co. Spend years going after the world’s most prominent pirate site, only to find that when you get it, it dematerializes and by the magic of copy-and-paste, reappears elsewhere in a different guise. It’s like Whack-A-Mole with infinite holes, infinite moles, and just one hammer. Your odds: not good.

The feelings of betrayal and being ‘sold out’ by the TPB founders are natural. We believe(d) in The Pirate Bay; The Pirate Bay was ‘forever’. But in one way, an important way, this belief was right: what made The Pirate Bay possible is forever.Even if I’m wrong, and a service like OpenBittorrent doesn’t immediately get populated with all the torrents from the old database, the ‘community’ should learn some lessons from this:

(1) Big != Good

Let’s face it: The Pirate Bay itself had become a huge focus of attention for those trying to preserve the old copy-restriction model of the culture industries. By some accounts TPB’s tracker has been responsible for 50% of all Internet traffic, and its founders have been looming larger and larger, waving their pirate flags more and more visibly, for quite a few years. They are international celebrities and, love them as we might, that made them and TPB targets. It’s not a secret that quite a few peers on the TPB trackers today are ‘spies’, there to gather data on legitimate peers — a real danger to Bittorrent users. And as well being feted, Brokep, Anakata and Tiamo have been followed, spied on, raided, arrested, maligned, sentenced and, now live under a real threat of imprisonment.

The bigger we get, the more of a target we are. Mininova, isoHunt and TPB have all been under siege these last years. We need to stop thinking about ‘one stop shops’ for our media. Distribution and aggregation point the way: think ‘separation of powers’. Clients like Miro can aggregate feeds from a variety of sources according to the needs of the user. TPB may have represented the needs of the community for half a decade or more, but we don’t need them. We are our own media infrastructure!

(2) We are all The Pirate Bay now…

… and this is why we have to amend our idea about what being a ‘pirate’ is. In the P2P world, as in that of Web 2.0, it’s us and our sharing that makes the value. Hopefully some of the indignation leveled at The Pirate Bay in the last few days will cause us to think not only about the weirdness of entrusting all this value to TPB, but about all those corporate behemoths — Facebook, say, or Twitter or YouTube — who play fast and loose with the value that we create for them every day. Make no mistake, we’ll wait a thousand years for the Mark Zuckerbergs of this world to start a foundation with the billions they have made from us and our interactions.

We’re all The Pirate Bay now because we all make media; we all copy media, we all redistribute media and because the ‘war against piracy’ has criminalized us. Young or old, middle or working class, any of us could expect that letter from the RIAA or MPAA at any moment. Our online activities are routinely surveilled in the attempt to preserve a paradigm that is manifestly outdated. That fits well with the totalitarian mentality of many of our governments and it isn’t to be accepted casually.

So is it really enough to throw a little bit of bandwidth into the cloud, vote Pirate Party, and then wax indignant about betrayal of a ‘community’ when its end (however temporarily) comes? Is that a sufficient resistance to the erosion of our liberties, to which the ‘war against piracy’ contributes?

What about grabbing one of the many, free ready made trackers out there and starting up our own Bays? By letting a thousand Pirate Bays bloom, we can demonstrate the futility of trying to prop up the old system, speeding the adoption of new models to help artists and ourselves make and distribute culture.

(3) Copy + Paste will never die.

Actually, as I’ve said, I suspect that none of TPB’s functionality, not a single torrent, will have been lost in this ‘sell out’. I say this partly because of what I know of its founders, and partly because of my conviction that we live in a world in which the copy predominates, evading all attempts to outlaw it and rendering attempts to ‘buy it off’ futile.

Let’s just remind ourselves again: the entire code and all the torrents for TPB — information which accounts for half the traffic on the internet — fits on a single USB key. Perhaps someone will find a way to make a torrent of THAT. And then we can all sit around and wonder what it is, precisely, Global Gaming Factory have bought for all their millions.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

We encourage the acceleration of negotiations to establish a new international legal framework, ACTA, and seek to complete the negotiation by the end of this year.

This date is consistent (surprise, surprise) with that which the US Trade Representative has set as its own timetable for ACTA. Together with some insider information that was obtained by TorrentFreak, this doesn’t sound promising.

How will ACTA affect P2P users?

So what does this mean for P2P users? The honest answer is that it’s hard to be sure. The degree of secrecy surrounding the ACTA negotiations is astonishing, blocking attempts at a variety of levels to develop a counter-strategy. The process is deliberately avoiding both the World Trade Organisation (WTO) and World Intellectual Property Organisation (WIPO), which now have enough member countries suspicious of the “anti-piracy maximalist” agenda to make ACTA’s progress impossible.

At a recent EU meeting following the June ACTA negotiations in Geneva, a packed room of “stakeholders” — that is, industry representatives — were desperately trying to get information on what had made it into the June draft of ACTA while revealing as little as possible, publicly, about what they themselves wanted in it. The Commission — on first-name terms with these industry reps, showing only too well how well regarded they are in this policy-forming process — has basically indicated that no-one will see the text of ACTA until it’s ready to sign.

Also at this EU meeting, it was made absolutely explicit that ACTA is in large part about updating legal frameworks to take account of P2P and developments on the Internet. The previous regime to deal with IP and piracy, TRIPS was 12 years old, officials said, and the Internet had ‘not existed in the same way’ when TRIPS was drafted. In this respect, the hints we have about what might make it into ACTA from a list of suggestions the RIAA obtained by Knowledge Ecology International (which has been double checked for veracity) are very important. More than any other lobby, of course, the RIAA is dealing with issues specifically related to the Net. This gives some pointers of where ACTA could go if the anti-piracy and IP lobbies get their way.

Getting your iPod though customs…

RIAA’s proposals for ACTA go well beyond U.S. law on the enforcement of copyrights online. As earlier reported, they want ‘competent authorities’ to be able to take action at borders over pirated copies without the need for a complaint from a rights holder. An official at the EU meeting ridiculed the ‘iPod search’ stories about ACTA, pointing to the EU’s own border measures — but given U.S. border agents are already retaining and searching large amounts of laptops at borders, this is another burden for travelers who are already harassed by ridiculous “security” measures in the Homeland and beyond. Those dismissing such ideas as ‘merely’ the wish list of the rabid anti-piracy lobbies take note: although there has only been one draft of ACTA made so far (and no one outside the secretive gang involved has been able to see it), reliable sources say there is text relating to the border measures provisions. So at least one of the RIAA’s wishes seems, in some form, to have already made it in.

The RIAA’s wish list for online enforcement of its ‘rights’ is also of great concern, not least because it implies that they would get access to private data from ISPs in order to be able to see what we’ve been sharing. As the year goes on, it’s becoming clear that the P2P / IP debate is merging with the surveillance and privacy debate in ways that I think many people hadn’t forseen. We need to understand fast that enforcement of copyright is one of the main levers being used to drive a wedge into our data privacy at the international level.

RIAA and MPAA want to police the Internet

In general, what the RIAA want is ‘harmonization’ (read: extension of US law over the whole world) of the tricky Grokster ‘inducement’ provisions that make providers of software liable if they can be seen as inducing infringing behavior in users. As I know personally from discussions with the RIAA about projects like VODO, interpretations of what constitutes contributory liability are very broad in the States. What the industry wants to do is chill the rapid innovation that led to products like Napster and BitTorrent by rendering entrepreneurs uncertain about the legal status of their activities. The fact that BitTorrent is the most efficient media reproduction and distribution system in history, used by hundreds of thousands of producers to distribute their own work outside the clutches of the corporate media cabals is, of course, not part of the picture here. This is precisely about media conglomerates’ desire to hang on to the tatters of their empire.

The RIAA’s ACTA would also continue the trend towards ISPs and search engines to weed out infringing users. RIAA expects ISPs to filter infringing materials and police offending P2Pers, cutting off their access if necessary. Again this points to mass surveillance of internet use that, in the light of the wiretapping controversy alread raging in the States, is utterly unacceptable in Europe or anywhere else.

How We Can Slam On The Brakes

So what can be done, and what hope do we have over ACTA? Well, firstly, there are internal contradictions in the process that might make its progress less than smooth. The inclusion of the ’3 strikes’ rule for kicking P2P users from their ISP contract is a case in point — the European Parliament is actually very suspicious of the 3 strikes rule and the UK government is reportedly desperately looking for alternatives to this political hot potato, which only months ago was portrayed as a fait accompli. This raises the possibility of a showdown between ACTA and the European Parliament.

Secondly, the European Commission has no mandate to implement criminal sanctions on copyright matters – this is down to the individual member states who will be very wary about antagonizing their electorates. Since these criminal sanctions are seen by players like the RIAA as a key ‘virtue’ of ACTA – without which it would be a ‘dodo’ – the shakiness of the legal base for inclusion of criminal sanctions is a big issue.

Thirdly and relatedly, the secrecy around ACTA is a potential pitfall. A mandate should have been obtained from the Commission to negotiate the Treaty, but if it exists it has been declared too secret, or at least ‘confidential’ to bring out. Since this document would very likely have to include a rationale for allowing the Commission to negotiate beyond its power on criminal sanctions, it may be rather suspect. European TorrentFreak readers should immediately write to your MEP in your Member State and ask them to request a copy of the mandate, so that we can get a copy of it online and look at how the EU justifies negotiating an ACTA that includes criminal measures. Since the US wants ACTA to be signed before Bush leaves office, a derailing tactic like this has a good chance of working.

ACT against ACTA before it’s too late…

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

But inefficiency is not the only reason the service is no more, while the vilified Pirate Bay, Mininova et al. are still with us. Stage6 was also a lot more illegal than a BitTorrent tracker — whether it pretended to be complying with the DMCA or not. Surprisingly under reported after the abrupt demise of the service was the 6th Feb US court ruling against DivX’s attempt to establish its protection under the DMCA’s safe harbour provisions ahead of a legal battle with Universal Music Group. My reading of the company’s consequent, speedy exit from the stage (and correct me if you think I’m wrong) is that Stage6 didn’t have the cash or confidence to test its luck any further. (How much this affects DivX as a whole remains to be seen. But only six days after the court decision, Jerome Vashisht Rota, the inventor of DivX and a major shareholder in DivX corporation, was openly dumping stock.)

It’s not hard to read the tea leaves. While GooTube (famously being sued by Viacom on pretty much the same grounds) probably won’t lose sleep, smaller players eating their lunches off of pirate content will be paying very close attention. VCs burning money on pushing streaming media to the masses will at least want to imagine some returns on their investment rather than the further expense of executives in the dock.

So why is the exit of Stage6 a step in the right direction? Because for all the hyperbole in the mainstream (and sometimes online) media about the YouTube or Google Video or Stage6 ‘revolution‘, the relationship to media they offer us is far too traditional. Come to this place. Be served your media (and suck down your advertising along with it). Go away again. Yes, we can upload material, but I’m not the only one who feels that this wasn’t the primary function of Stage6, even if it did distribute about 50,000 copies of STEAL THIS FILM II before its demise. No need to share, no need to understand the technology, no need to think. It’s what they called ‘lean back’ media: millions of people slouching thoughtlessly in front of an marketing-emitting portal.

The promise of P2P is a thorough breakdown of the kind of power that congeals in a portal like Stage6. A user-owned, user-operated infrastructure that doesn’t require massive investment, doesn’t by default allow oligarchs to make more money from us. A disruptive, mutable infrastructure that brings media to us in the context we choose, forcing a massive re-think about what, why and how we create — as individuals, as businesses, as a society.

It is lazy for us to rely at all on portals like Stage6, but worse than lazy, it’s dangerous. It suggests we don’t value the potential autonomy P2P offers us. Our old media masters profited from control of content: are we really so happy to swap them for new ones who profit from control of our eyeballs? However lazy we are, I think that most of us are able to see that that this isn’t a model that we want to encourage. The demise of Stage6 and the portals that will follow gives us cause to think about strengthening our infrastructures: and that can’t be a bad thing.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.

This is why Tape It Off The Internet seemed like such a good idea until you actually started trying to use it. There are just not enough good shows being made to justify something as complicated and involved as TIOTI. Enter all your favorites and share them with strangers ‘just like you’ and discover… what? That there are only seven good shows in the world at any one time, you were already watching six of them, and they’re all in the Pirate Bay’s Top 100 anyway. When you strip away the hours of dross and advertising, the truth is that the world’s mighty entertainment infrastructure is only capable of producing half a dozen hours of passable content a week. Maybe it’s because they spend the rest of their time on lawsuits.

One of these rare hours is The Wire. If by some small chance you’re not mainlining it already, think yourself lucky. You have four back seasons to enjoy, of what is quite possibly the last great show television will produce before it’s entirely superseded by — well, by whatever is coming around the way.

I’m not sure anyone has ever attempted to make a show of this scope: The Wire’s by-all-accounts-not-very-nice creator David Simon (Homicide, The Corner) has said his theme over the series’ five years has been ‘the decline of the American empire’ — which means decay of its cities through poverty, of traditional jobs, of the education system, of the police force and of the media. For those getting restless at the back, the show’s also got the slickest, nastiest drug slingers you’ll see on screen and is so realistic that the Baltimore Police have apparently complained it reveals too much about how crimes are — or are not — solved; apparently real thugs love it as well.

Find it and download it — though probably David Simon doesn’t want you to and neither does HBO, which has been actively poisoning Torrents of its other shows. Tell everyone you know about it. Maybe those of them still rocking TVs will raise the show’s increasingly dismal viewing figures.

Or maybe that’s no longer the point. While I sympathise with the plight of the David Simons, David Milchs (Deadwood, John from Cincinnati) and Joss Whedons (Firefly) of this world, and would like to help them in future endeavors, I specifically do not sympathise with the plights of the craven, dim-witted, played-out producers that surround them on all sides. And by ‘playing fair’ and buying the DVD or the cable package, besides the fact that most of our money is not going to the creators and their families, aren’t we really saying we accept the meshwork of shit in order to get the two or three gems that occasionally sift through it? Aren’t we signalling the industry that there’s something we still find acceptable about their way of doing business?

Now I suppose this could seem a bit extreme to some. But again and again in blogs and comments about shows like The Wire you hear ‘I’d pay for this if…’ — if it wasn’t DRM’ed all to hell like HBO’s own online offering, if it was freely shareable, good to be watched whenever, wherever, on whatever, without constant interruption by adverts. The kicker is that we’re not only unable legally to liberate and re-distribute shows from the broken, corrupt mechanisms of television and DVD distribution: we also have no way of supporting creators like David Simon and crew outside of it.

This means that right now, people still stupid or unfortunate enough to sit in front of TVs watching months-old shows or paying massive cash-or-attention premiums for the new ones are heavily subsidising us P2Pers. This is genuinely immoral, because we’re really exploiting people less fortunate than ourselves. Instead, we should be helping them out of the wasteland, and thinking of new ways to get the creators we like creating outside the prison of mass distribution. It cannot be that we are able to figure out how to make GNU-Linux – a world-class operating system — together, but not to make a dozen decent shows a year.

The irony is that TV series really feel like they’re coming into their own, just as the media that spawned them is dying. From the ‘high art’ of Deadwood and John From Cincinnati to the epic modern-day myth of Lost to the (dare I call it) Beckettian dark comedy of Trailer Park Boys, the drawn out tales of our series (often consumed a ‘season’ at a time: I know at least three people waiting for The Wire to finish before downloading it) are an undeniable core of our emerging P2P culture.

We are the most passionate viewers ever, talking and writing profusely about the media we love, analysing, promoting, hosting free screenings… And they need us as much as we need them — all of these shows, without exception, enjoy their primary life on the networks, through our blogs, comments, reviews, remixes and fan fiction. Lost in particular has learned that incorporating online feedback can make a great (if utterly Shaggy Dog) story.

Can we find a way to get the shows we want made without buying the goddamn DVD? I remember this guy talking really sensibly a couple years ago about how Joss Whedon could get to make another season of Firefly, and we got this project back up his musings. Why didn’t Whedon try it? Because someone else owned his ideas? Perhaps it could have worked otherwise, and maybe it could work for the future. If you’ve got ideas, throw them in the comments box below. And if you have time in between catching up on The Wire, read this by the venerable guru of Wired magazine, Kevin Kelly — I’m going to try to get him into the next installment of STEAL THIS FILM. See you around. I’ll be back in two weeks to pick up the pieces.

TorrentFreak welcomes Jamie King as our new bi-weekly columnist. Jamie is the Director of STEAL THIS FILM I & II and a member of the League of Noble Peers. He is currently working on a cinema release of STEAL THIS FILM and prototyping an experimental, post-P2P remuneration system for creators.

Source: TorrentFreak, for the latest info on copyright, file-sharing and anonymous VPN services.