Seller.dist.book

The June issue of MIT Technology Review describes emerging copyright policing software that serves the rightful interests of copyright holders with no need for the invasive, user-hostile, all-pervasive activity management being foisted on us by the DMCA diehards.

In Digital Pirates Beware (subscription required), Wade Roush discusses:

the latest digital fingerprinting technology to scan public computer networks for unauthorized copies of music files, still images, movies and software. And they can watch as those illicit files spread from hard drive to hard drive—whether or not the files bear the invisible digital “watermarks” often used to identify their original owners.

My take on this, subject to some verification, is that these technologies can prowl the public P2P networks looking for specific files, generate some unique ID info based on the file, then catalog any other instances of that same file it may find. This provides content creators with an important tool to understand how much of their work is being pirated, where it's originating, and where it is spreading. More importantly, it puts the burden of proof where it belongs -- on the copyright holder -- without forcing prior restraint on honest purchasers.

While Roush's article intimates that the fingerprinters can scan my hard drive I suspect this is true only to the extent that I participate in publicly accessible P2P networks. It's theoretically possible to get past my firewall, install software on my machine, bypass my ZoneAlarm Pro monitoring and sneak packets out to some nefarious agency, but not very damned likely.

It's rather more likely that these guys are doing nothing more than scanning a directory I have voluntarily opened to public query by logging it into LimeWire, KaZaA, or similar sharing software. They have every right to scan it and that's the beauty of this approach. P2P systems only work to the extent that you open yourself up by being a peer, and once you are a peer you have given implied consent to having your "shared" files scanned by anyone who is interested.

I like this idea. If you are trafficking in pirated software the copyright owners have as much right to shut down your P2P "storefront" as they do to shutter a street corner vendor selling stolen watches. This is the sort of enforcement that makes rampant pirating of stolen material unattractive to the average user, while leaving them free to use their own files as they see fit. It also leaves the P2P networks free of overwrought regulation and ill-conceived legislation, allowing for the development of innovative -- and legitimate -- uses.

As usual, free enterprise has devised a snappy solution to a thorny problem without steamrolling users, while the bureacrats and bumbling behemoths have seen it as just one more chance to roll out a stupid world domination strategy.

I'd be interested to hear if you think I'm off base on this one.

For more info on this stuff see:
BayTSP
Cyveillance
LoudEye
Relatable