Torrent and Peer to Peer Copyright Enforcement

Illegal File-Sharing Networks

Digital piracy through peer-to-peer networks, bit torrents and other file-sharing technologies presents a unique challenge to the owners of copyrighted works. McDaniel Law working with technical monitoring firms, identifies and prosecutes copyright infringement and other claims against the participants in the illegal distribution and copying of copyrighted works.

Contact McDaniel Law in New Jersey at (201) 845-3232, 888-602-5990
or by Online Form to discuss an effective litigation strategy to deter illegal downloading and recoup revenues lost to digital piracy. We represent authors, licensees and distributors in copyright infringement actions against participants in peer-to-peer networks.

Federal Copyright Claims Against Torrent Users

Torrent technology permits the rapid distribution of copyrighted works across the Internet. Each participant in the torrent is typically both a downloader and a distributor of the copyrighted work, which is distributed among the network in torrents or small portions of a file. As the torrent grows, a “swarm” in torrent language, the distribution of a work becomes faster and widespread. Tens of thousands of copies of a work can be pirated in only a few hours using torrent technology.

Effective prosecution of illegal downloading requires continual monitoring of the torrents for new copies of a work, identification of the copies by the unique file names assigned to the work and collection of information sufficient about the torrent participants to bring a copyright infringement claim.

Litigation of the copyright infringement claims against bit torrent digital pirates requires the filing of a federal copyright infringement lawsuit and the issuance of subpoenas to the Internet Service Providers (ISPs). News of the commencement of a lawsuit and issuance of subpoenas to ISPs spreads rapidly among torrent users and is a strong deterrent, in some cases bringing the digital piracy of a work to a quick end.

Copyright Management Information and Digital Rights Management

Illegal file sharing often entails other violations of federal law. Digital Rights management technology, such as encoding or encryption, may be removed. The illegal downloads may also involve distribution of works from which the copyright notice, author or other Copyright Management Information has been removed.

Removal of security measures to prevent illegal copying, removal of the copyright notice, author’s name, or other copyright information constitutes a separate cause of action under federal law.

Effective Digital Rights Copyright Enforcement

Effective enforcement of copyright against infringement on the Internet requires advance planning. Popular works are quickly distributed and pirated copies of a work can become widely available on the Internet in a few days or even hours.

Contact the Hackensack, New Jersey, office of McDaniel Law to discuss how litigation against those who illegally copy and distribute copyrighted works is an important part of protecting the value of a creative work.

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