First BitTorrent Pirate Jailed!

The technology BitTorrent is really an interesting phenomenon. In order to share files before its creation, people would have to pay for all of the bandwidth that it cost to transfer files from a web server to personal computers. When it came to large downloads, this was a major problem. The same was true for software, music, movie and television pirates, who were mainly relying on "0day" servers which are people's personal computers which are unknowingly compromised. When BitTorrent came about, pirates knew that they had a tool which would help them distribute files without needing big expensive servers to transfer their pirated material.

The way BitTorrent works is that when someone wants to share a file they will create a "Torrent" which is information on where to find other people who have parts of the file and which parts you need to have a completed file. An individual can open the torrent file and then the BitTorrent client will then search for other people who are sharing or downloading the file and download bits and pieces of the file and then recompile it when all of the pieces are received.

Many major websites which offered BitTorrent links to pirated files came about immediately. Many of the sites have faced legal pressure. SuprNova, which was the primary place to download copyrighted materials was shutdown after a lawsuit. Other sites which are based in foreign countries, such as The Pirate Bay, are still operating.

For the first time someone who has shared a file through BitTorrent has actually been placed in prison. The case came out of China, so it's unlikely that American citizens will be jailed for music/movie/software piracy anytime soon, however that doesn't mean Americans are free to pirate. American citizens which have shared music, videos, and software through BitTorrent have faced numerous civil suits from the movie and record industries.

The individual in this case was named Chan Nai-ming. The Chinese citizen used BitTorrent to upload three movies to the internet, including Miss Congeniality, Red Planet, and Daredevil through BitTorrent. Nai-ming also advertised the movies and the procedure to download them in an online chat room.

Initially he was found guilty, but filed an appeal. His lawyer stated he never distributed movies online, but only made them available. The Standard, a Chinese newspaper, put it like this, "like a person who places paper into a photocopier that enables anyone to make a "copy" by pressing a button." Nai-ming also contended that his three month sentence was excessive since he did not profit from the sharing. The appeals judge stated that the sentence was already reduced greatly from the maximum of four to five years, and upheld the lower court's decision.