Torrents are files shared over a P2P network of private computers. They can be used to share legal content, but many files shared are copyrighted materials. P2P networks perpetuate infected software and illegal file sharing, and anonymity is not an option.
A torrent is a file shared over a peer-to-peer (P2P) network of private computers, as opposed to a file served from a website. Peer-to-peer networks use the Internet to channel communications through specific ports, but a P2P network is not part of the World Wide Web. It piggybacks the Internet to connect people interested in exchanging files from their personal computers. This type of file is not by definition illegal, even though illegal materials can be traded this way.
People who use torrents can upload original programs they have written, scripts, original musical compositions or any other personal work for public consumption and use this file type to share their work with others. You can also upload freeware, and it’s legal to do so, as long as doing so doesn’t violate the program’s Electronic User License Agreement (EULA). Typically, a freeware EULA states that the software cannot be redesigned before being redistributed, and that the EULA remains intact and bundled with the program.
However, many files shared in this way are copyrighted materials shared without the permission or knowledge of the owners. The controversy between supporters and opponents of P2P centers on whether or not sharing files between private citizens constitutes fair use under the law or a violation of copyright protections.
Torrents first gained public attention when Napster® was sued over its popular P2P music sharing network. The original site, created by Shawn Fanning, operated from 1999 to 2001 before being shut down by court order and later went bankrupt. The site served as an index to the many P2P files available. Legendary rock band Metallica and rapper Dr. Dre have both sued the company along with several record labels. Fanning lost the case, sold the company’s assets, and Napster® re-emerged under new ownership operating as a paid service.
In the case of music torrents, many people argue that they have bought music before in some other form (LP, cassette or CD) and just want it digitally without the hassle of copying or transferring the music or buying it twice. Others just like to get free music. Regardless, uploading copyrighted material for public distribution is illegal unless the copyright holder has given permission.
Other illegal files found on P2P networks include commercial movies. In some cases, the movie file may be illegally obtained by using a handheld digital camera to film the screen while the movie is playing, resulting in a low-quality fax. Once an official DVD release is available, the DVD image may be ripped and uploaded for sharing, which is also illegal.
Another category of illegal torrents is uploaded shareware that has been tampered with to bypass trial period restrictions. In many cases, malicious hackers enhance programs by injecting Trojans, viruses, rootkits, or other malware into the software as a payload, then sharing it via P2P networks for unsuspecting users to download and install. When the program is installed, so is the malware.
Unfortunately, the very nature of P2P networks perpetuates infected software and illegal file sharing, as participants often have to share at least as many files as they download to maintain a 1:1 ratio. Otherwise, their bandwidth or download speed is usually reduced. This is a security measure to ensure that participants contribute to the network. As a result, when downloading a file, the already downloaded bits are uploaded at the same time as other users who also request that file. A user won’t know if a file is infected until they’ve fully downloaded and scanned it, at which point it’s already been uploaded to many others. If the file is copyrighted, even if the user feels justified (legally or otherwise) for having previously purchased the material, they will still illegally redistribute it to others in the download/upload process.
P2P networks are a very successful and extremely popular way for enthusiasts to exchange files. Users should be aware, however, that many available torrents are being shared illegally and many more are infected. A user’s Internet Protocol (IP) addresses are also easily visible to everyone else on the P2P network, so anonymity is not an option.
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