Over Christmas, I introduced someone to the wonders of Peer-to-Peer (P2P) TV. He couldn’t believe that he could watch channels from around the world, in real time for free. His immediate reaction was, “Is it legal? Am I going to go to jail for this? Please switch it off and let’s watch BBC1. Get out of my house.”
For anyone like him, especially those of the older generation, it’s an understandable reaction. You don’t get anything for free in this life right? But P2P software allows you to do many things for free – make phone calls, share films, music and software, watch TV channels etc – all you need is an internet connection. It’s increasingly used by research, medical, business and military institutions to improve data flow exchanges although for the purposes of this post, I’m only looking at the things that the average home user uses them for. Much of the the suspicion and fear surrounding P2P has also been generated by the furore in the media that’s surrounded the “illegal” downloading of music and movies via P2P networks such as eMule and LimeWire. In a few cases, such downloading has been penalised with massive fines and even imprisonment under copyright laws so people are right to be concerned.
To understand the legality issue surrounding P2P, it’s first of all useful to understand exactly how it works. It’s really not that complicated. Peer-to-Peer means exactly that – P2P software enables your PC or Mac to link with other computers and share both bandwidth and the contents of your hard drive. A pure P2P system is incredibly democratic because since it’s entirely interlinked and there is no gatekeeper such as a vendor or middleman. Nowadays, not all P2P systems are pure – they vary from centralised, such as Napster which effectively do feature a main server or gatekeeper, to completely decentralised such as Gnutella. But the principle – a user generated system of file sharing – remains. The result is that
you suddenly have access to music, movies and virtually any other file that you never dreamed possible, or at least, would normally have to pay a small fortune to obtain. And the most amazing thing of all is that it’s absolutely free. The beauty of this is that the more people that use it, the bigger, stronger and faster it gets.
The legality issue basically affects those P2P networks that are decentralised. Centralised systems such as Napster are subscription only. In other words, for a monthly or annual subscription, you can download to your heart’s content without worrying about legal consequences. In these cases, multimedia corporations happily provide music and movies for download in the knowledge that they are making money from it. Meanwhile applications such as eMule, which are based on the Gnutella P2P network and its variants, are completely decentralised and so there’s no gatekeeper to collect revenue. This is obviously a commercial broadcaster’s worst nightmare.
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