The Internet can prove complex to some, especially copyright holders. Recently, the Entertainment Software Association (ESA) notified the webhosting company of a BitTorrent tracker dedicated to Open Source Software, that it was infringing copyright of one of their clients. Without any notice, the webhosting company pulled the tracker offline, not realizing that the tracker had done nothing wrong.
For those new to BitTorrent, terms like trackers and .torrent files might be confusing. When someone decides to share a file with others, they make a .torrent file, and add a tracker url that tells the downloader where it can find the other peers sharing the same file. A tracker doesn’t have to host the .torrent file, and is only a means of communication between BitTorrent users. They are no more liable than any ISP in this respect.
There are thousands of open BitTorrent trackers on the Internet, and most of these don’t actually host all the files on their website. However, since they are open, anyone can add the tracker to their torrent file. The tracker owner has no knowledge of the files being spread via his or her tracker. Recently the popular Internet TV network Revision3 was attacked by MediaDefender because they were running an open tracker, and they are not alone.
This week, ‘Open Source Torrents‘ had to deal with some remarkable consequences of hosting an open BitTorrent tracker. The tracker, dedicated to sharing Open Source Software through BitTorrent, was taken offline because it allegedly infringed the copyright of the game ‘Command&Conquer Red Alert 3′. There was never a .torrent file for this material stored on the server though, only hashes of data.
The webhost, Liandra Tech, took the tracker offline after it received a copyright infringement notice from ESA. “We have to terminate your webhosting account with us, due to complaint about copyright material infringement on ostorr.org,” they wrote to the founder of the site, as they forwarded the email they got from ESA.
Akash, the founder of the tracker was very surprised by the decision of his webhosting company, to shut down his site without even consulting him first. “These folks shut me down for “Command and Conquer” supposedly going through my tracker. I’ve never even played the game,” Akash told TorrentFreak. “We did host some actual files, but only mirrors of the open source software we track, which is definitely perfectly legal.”
Although OStorr.org is a relatively small tracker, it has helped to spread more than 50,000 copies of The Open CD, and thousands of copies of other free and Open Source software. So, the only torrent files listed on his website were of Open Source website. The tracker was also open to anyone else, like many others, but Akash has no way of telling what files are tracked.
Akash is forced to find a more understanding host now, but he assured us that the tracker will return. “Open source software is about as legal as it gets. Apparently not. Time to find a new host,” he said.
Update: Looks like the webhost made the right decision after all, Akash just wrote us: “After a lengthy apology from Liandra due to a misunderstanding that I had uploaded the C&C torrent (I’m told C&C is actually a pretty dodgy game…), I’ve been offered three months of free hosting. The site’s up and running and I’m going to block all non-authorised torrents.”
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