Torrential Debate: BitTorrent and Copyright in Canada

Abstract:

BitTorrent™ is the latest protocol in a series of peer-to-peer file-sharing programs. As with other Internet file-sharing programs before it, there is great debate surrounding its legality. Copyright owners around the world are demanding that BitTorrent sites be shut down. In response, site owners argue that they are providing a legal service that does not infringe copyright. This paper examines legal opinions and cases in both Canada and abroad to address the legality of BitTorrent under the current copyright regime in Canada. It is argued that the operators of BitTorrent indexing sites and trackers are not liable for copyright infringement if they do not promote the infringement of copyright using their programs. Rather, this paper suggests that copyright is infringed by the leeches who reproduce works and by the seeders who communicate works to the public and authorize reproduction.