Monday, March 5, 2007

Legal Report Supplement

Controversey!

Because I ran out of space in the report a lot faster than I thought I would

*Copyright/Licensing/Patent Law vs. Open Source

http://digitalmusic.weblogsinc.com/2006/08/07/the-riaa-vs-john-doe-a-laypersons-guide-to-filesharing-lawsui/ - Just an overview of some of the cases RIAA has filed against downloaders for copyright infringement

http://arstechnica.com/news.ars/post/20060727-7363.html - Another overview of some lawsuits against P2P file sharers like Kazaa

http://www.gnu.org/philosophy/why-free.htm - A…completely non-biased view from Richard Stallman on why Software should not have any copyright protection…because all proponents of software copyright law are Soviets, Racists and Pollution.

https://www.cs.duke.edu/courses/spring07/cps082s/internal/patent/p36-abril.pdf - Another class reading about several “modern day” uses of patent law for software

*DRM

http://msmvps.com/blogs/chrisl/archive/2007/01/25/519180.aspx - Vista is allegedly crippled by suffocating DRM requirements

http://macdailynews.com/index.php/weblog/comments/12161/ - A very interesting new case against Apple that I did not include because the news just came out on January 5th of this year. The people suing Apple claim that they have an overly aggressive monopoly because their DRM Fairplay controls between 70 and 85% of the music market.

*DMCA

https://www.cs.duke.edu/courses/spring07/cps082s/internal/drm/eff-dmcav4.pdf - This is the article from class reading that cites several ways the DMCA has been used to “chill” innovation

http://en.wikipedia.org/wiki/QTFairUse - An overview of QTFairUse, a program that strips the DRM from iTunes. iTunes has offered patches to “fix” QTFairUse, but I could not find any lawsuits filed against them for infringement/circumvention under the DMCA, and it is still available for download.

Friday, March 2, 2007

Technical Checkpoint 2

iTorrent Model

Partially Centralized

Apple servers will be responsible for setting up trackers, these trackers will only be available through the iTunes store to users who buy the movies. The Apple server will set up users with other users who own or are downloading the same content.

The client will be integrated into iTunes, and will be transparent to the user. The idea is that the user will not know whether they are downloading from the iTunes server or from their peers (the give-away will be upload rates).

Changes to the BitTorrent Model

DRM and licensing – users will only share with other users who already have licenses for the content they are downloading. Still, the files will be encoded with Apple DRM to enforce the iTunes licensing agreements.

Peers will be able to opt-out of sharing, and control how much they share. Instead of forcing users to share, there will be an incentive system. This means all users will share blindly (in regard to peer cooperation) and not employ tit-for tat.

Reporting system – the iTorrent client will be responsible for tracking and reporting how much a user has shared, which will translate into rewards.

iTunes Server Supplementation

After research and experimentation, it has become increasingly apparent that, under the status quo of disk space and bandwidth, the BitTorrent model will only supplement and not replace the iTunes central server model, at least for now. Due to disk space constraints (most users have only about 100GB of hard drive space, and with movies ranging from 1-2 GB and HD movies upwards of 19 GB, users cannot currently afford to keep these files in their iTunes libraries, and will therefore move them to auxiliary storage devices (DVDs, external hard drives), therefore removing nodes from the network and reducing the density of file availability. At this point in time, bandwidth, except in local, high-bandwidth networks (such as college campuses), is too low to support the high speed of downloads expected of iTunes without a huge number of contributors. These issues will ameliorate in the future, as disk space continues to become cheaper and ISPs increase bandwidth.

For now, iTunes will have to support the iTorrent system in order to maintain the high quality of service users have come to expect. In my experiments, iTunes movies download at an average rate of 1.69 mb/s, while BitTorrents download at only 95 kb/s. While a 1.4GB file downloaded from the iTunes server took only 15 minutes to download, a 700MB file from BitTorrent (with upwards of 450 sources) took over 2 hours.

If we assume that every user can upload at about 28 kb/s (this is a fairly modest amount for most broadband connections), we find we need 60 users sharing at this rate to allow a 1,000 megabyte file to be downloaded in 10 minutes (approximately the rate of the iTunes server). If we increase the target download time to 15 minutes for the same file, users must only share at 19 kb/s. This speed (1.1mb/s) is also reasonable.

The client will therefore monitor its connection speed, and when it falls to an unacceptable transfer rate, will contact the server and the server will enter the torrent as another peer to supplement the download process. So when there are 60 users uploading at 28kb/s, the server will not be doing any work (other than tracker monitoring). When the number of users drops to 50 or the average upload rate drops, the server will supplement the download process.

What this amounts to is that, the more people that are downloading a file, the more iTorrent helps the server. The upshot is that iTorrent will reduce server burdens when the burden on the server would be at its highest. So when new films come out or are in high demand for any reason, the iTorrent system takes on a larger amount of the file transfers.

The result is that the iTorrent system will not replace the central server, but it will supplement it at the times it is needed the most, to reduce overall burden and keep server and bandwidth costs lower for iTunes.

Experiment Results

iTunes average download rate: 1.69 mb/s
BitTorrent average transfer rate: 95 kb/s

For detailed experiment results, download the detailed results (excel).
This document also includes calculations for target download rates.

Resources

[1] Bram Cohen. Incentives Build Robustness in BitTorrent. http://www.bittorrent.org/bittorrentecon.pdf
- discusses peaks and exponential drop-off of nodes

[2] M. Izal, G. Urvoy-Keller, E.W. Biersack, P.A. Felber, A. Al Hamra, and L.Garces-Erice. Dissecting BitTorrent: Five Months in a Torrent's Lifetime.
- discusses client participation

[3] Lei Guo, Songqing Chen, Zhen Xiao, Enhua Tan, Xiaoning Ding, and Xiaodong Zhang. A Performance Study of BitTorrent-like Peer-to-Peer Systems
- existing BitTorrent system provides poor service availability, fluctuating downloading performance due to exponentially decreasing peer arrival rate. Suggests inter-torrent collaboration

[4] Modeling and performance analysis of BitTorrent-like peer-to-peer networks http://delivery.acm.org/10.1145/1020000/1015508/p367-qiu.pdf?key1=1015508&key2=5906082711&coll=GUIDE&dl=GUIDE&CFID=12510790&CFTOKEN=96054971
- derived mathematical expressions for average seeds, downloaders, download time, etc, as functions of parameters such as peer arrival rate, downloader leaving rate, seed leaving rate, uploader bandwidth

[5] http://torrentfreak.com/optimize-your-bittorrent-download-speed/
- Discussion of how to optimize BitTorrent speeds

[6] Enhancing BitTorrent with Trust Management. http://disl.cc.gatech.edu/courses/cs8803h_spring2005/project/proposals/lenfest.pdf


[7] Analyzing and Improving BitTorrent Performance http://www.sics.se/~sameh/research/P2P/BiTorrent/Analyzing%20and%20Improving%20BitTorrent%20Performance/msr-tr-2005-03.pdf
http://www.cs.cmu.edu/~ashu/papers/msr-tr-2005-03.pdf

[8] A Measurement Study of the BitTorrent Peer-to-Peer File-Sharing System http://www.pds.ewi.tudelft.nl/~pouwelse/bittorrent_measurements.pdf
- discusses the drop-off of available seeds after given time periods

[9] Towards Digital Rights Protection in BitTorrent-like P2P Systems http://www.list.gmu.edu/zhang/pub/bt.pdf
- discusses implementation of DRM in BitTorrent model

[10] How to Solve Copyright Problems in P2P Content Distribution? http://www.valimaki.com/org/mostbook.pdf
- Discussion on DRM distribution systems.

[11] Data Integrity and Proof of Service in BitTorrent-like P2P Environments http://www.cs.uoregon.edu/~lijun/pubs/junli_IATAC06_sub.pdf
- Discusses issues of users not sharing

Thursday, March 1, 2007

Business Checkpoint 2

The iTunes store will clearly benefit with the integration of a BitTorrent-like client.

According to MacRumors, “Apple has to pay for bandwidth as well as disk space, web servers, and other infrastructure.” These costs will add up quickly as additional server space needs to be added continuously as demand for large files, especially HD files, increases. Right now, the average movie file on downloadable from the iTunes Store is approximately 1-2GB; iTunes Store movie downloads are near DVD-quality 640-by-480 resolution.
According to a posting on Gizmodo, the size of HD movie files can be as much as 19GB—averaging out at approximately 10GB. This will greatly strain the iTunes Store’s servers.

To reduce the cost of extra storage space, the BitTorrent client will allow users to download purchased files from each other. Users earn points for the amount of megabytes uploaded to other users, which can then be converted into credits toward future purchases made at the iTunes store. There will be limits on the number of points available to earn in a specified period of time. The money saved by reducing the strain on iTunes’ central servers will outweigh the profits lost as a result of point payments.

Marketing efforts will include banners up on main iTunes site at no significant cost to Apple. The new iTorrent system will also rely on word of mouth. Our competition includes CinemaNow and MovieLink, among others. We plan to outdo our competitors through our speed, reliability, and popularity.

Overall, the new iTorrent system will eventually reduce use of illegal methods to obtain movie files.

Business References:

“iTunes Offers First Feature-Length Movie.” Washington Post. http://www.washingtonpost.com/wpdyn/content/article/2006/03/15/AR2006031501843.html

MacRumors: Forums. http://forums.macrumors.com/showthread.php?t=138433&page=5
http://forums.macrumors.com/showthread.php?t=122682&page=4

“First pirated HD DVD movie weighs in at 19GB” Gizmodo http://gizmodo.com/gadgets/home-entertainment/first-pirated-hd-dvd-movie-weighs-in-at-19gb-229031.php

iTunes Store http://www.apple.com/itunes/store/

“Apple Corps, Ltd. and Apple Computer, Inc.” FindLaw http://news.findlaw.com/hdocs/docs/apple/aclac50806opn.html

“BitTorrent battles over bandwidth” BBC News http://news.bbc.co.uk/2/hi/programmes/click_online/4905660.stm

BitTorrent http://www.bittorrent.com/

CinemaNow http://www.cinemanow.com/
MovieLink http://www.movielink.com/

Legal Stuff part 2

I outlined my three main areas of concern in the last post, so I’ll just re-summarize what I’ll be saying briefly. Basically, I think iTorrent is a legally viable option, although Apple will have to tread carefully since a lot of what they would be doing is unprecedented. BitTorrent has started selling movies on its own, and while there have been several cases against servers of BitTorrent, none have been against BitTorrent itself – they are going after illegal fire sharers, not the technology itself. The danger with our proposed technology model is that iTunes would have some sort of its own centralized server, so they could conceivably be held more accountable for their users’ illegal activities. However, I don’t think it could cause any serious trouble for them because they are not promoting illegal activities and their lawyers have actually taken a very active stand against it (their terms of use is also very clear on what users cannot do).

P.S. I don't know whats wrong with the spacing below, it won't let me fix it, sorry

WEBSITES:

(I might also cite some of the articles we’ve used in class for background info/a quick intro, etc. but I dont have them listed here)

*BASIC DRM

http://www.dailyindia.com/blog/12112927.php/drm-its-evil-and-it-doesnt-work

http://msmvps.com/blogs/chrisl/archive/2007/01/25/519180.aspx

*DRM LAWSUITS

http://www.internetnews.com/bus-news/article.php/3656911

http://macdailynews.com/index.php/weblog/comments/12161/

*COPYRIGHT LAWSUITS

http://www.ala.org/ala/washoff/WOissues/copyrightb/copyrightcases/copyrightcourt.htm#riaa

http://www.cyberlaw.info/Article70.htm

http://www.eff.org/IP/P2P/MGM_v_Grokster/

http://digitalmusic.weblogsinc.com/2006/08/07/the-riaa-vs-john-doe-a-laypersons-guide-to-filesharing-lawsui/

http://arstechnica.com/news.ars/post/20060727-7363.html

http://arstechnica.com/news.ars/post/20050627-5042.html

http://www.eff.org/IP/P2P/MGM_v_Grokster/030425_morpheus_win_pr.php

http://www.law.cornell.edu/copyright/cases/464_US_417.htm

*DMCA LAWSUITS
https://www.cs.duke.edu/courses/spring07/cps082s/internal/drm/eff-dmcav4.pdf


*BASIC BITTORRENT

http://www.variety.com/article/VR1117960102.html?categoryid=18&cs=1

http://arstechnica.com/news.ars/post/20070201-8750.html (ISP bandwidth problems)

http://www.bittorrent.com/terms

*BITTORRENT LAWSUITS

http://www.wired.com/news/digiwood/0,1412,66034,00.html

http://www.theregister.co.uk/2004/12/14/mpaa_vs_bittorrent/

*FECA

http://www.wired.com/news/politics/0,1283,65796,00.html

http://cyberlaw.info/modules.php?op=modload&name=News&file=article&sid=68

*QTFAIRUSE

http://en.wikipedia.org/wiki/QTFairUse


*CURRENT MOVIE CONTRACTS

http://www.variety.com/article/VR1117959330.html?categoryid=20&cs=1


*BASIC ITUNES

http://www.apple.com/legal/itunes/us/sales.html

http://www.apple.com/legal/itunes/us/service.html

http://www.apple.com/legal/trademark/claimsofcopyright.html

http://www.apple.com/legal/trademark/piracy.html
http://www.bsa.org/usa/


*CURRENT BITTORRENT MOVIES

http://www.taipeitimes.com/News/worldbiz/archives/2007/02/27/2003350269




Ethical Oversight

As mentioned earlier, iTorrent could run into problems because of the credit system that, after sharing numerous media with other users, would essentially allow users to download media free of cost. There are other issues that should be touched on as well concerning the ethics of iTorrent. First of all, BitTorrent is commonly associated with copyright infringement. Not only is this a fair association given what the client is now/has been in the past, but it could potentially hurt the credibility of iTorrent. Here is a link that cites an example of BitTorrent's alleged copyright infringement.

http://news.com.com/This+week+in+copyright+infringement/2100-1026_3-5722887.html

Although copyright infringement is a problem with BitTorrent and thus supporting BitTorrent on iTorrent, there are also users who do not infringe on copyright laws and would continue to be "legal" about what they share on iTorrent. It is important to have a service like iTorrent for honest users, who deserve faster, more efficient technology for their file sharing endeavors. The "Betamax Case" provides a good example of this concept. A thorough overview of the case can be found here:

http://www.law.cornell.edu/copyright/cases/464_US_417.htm

Another ethical issue with iTorrent is that, by using BitTorrent, it is possible that iTunes would have to deal with the lack of control over the files that are shared between users. Undesireable programs (i.e. Spyware) and/or viruses could be passed throughout the system, disguised as files that users are actually trying to download. Graphic media, i.e. pornography and strong language, would most likely be shared as well. The two issues here are whether or not iTorrent would be responsible for what its users are doing with the service, and devising a method for possibly securing the system from these forms of media.

Sunday, February 25, 2007

Introduction/Abstract

iTorrent is essentially a fusion of iTunes and BitTorrent. It works by using a centralized BitTorrent client with the basic infrastructure of iTunes and the iTunes Store, which takes more of the burden of uploading files to customers off of the iTunes central server. This is beneficial in that it makes the process of uploading and downloading media faster and more efficient. Although customers will be charged to use iTorrent, there is an incentive system which makes it more user friendly. This incentive system will either provide monetary discounts for users who allow their files to be uploaded by other users or will involve a point system, which will provide users with iTunes credit in accordance with the amount of megabytes that they upload to fellow users. This will be something like $1 toward the iTunes store for every 10,000 megabytes uploaded. Although services like Napster have been held accountable for their clients' actions due to the RIAA and MPAA demanding that they share information about their clients with them, iTunes and therefore iTorrent had less of a claim to neutrality and would most likely not be handicapped by legal proceedings against it. Technically speaking, there are two possible models for combining BitTorrent capabilities with iTunes. One of these is to distribute movie files through current BitTorrent clients. This would work by way of people downloading files from their peers and subsequently acquiring a license from the iTunes Store to be allowed to play those files. The second way that iTorrent could work is by Apple incorporating a BitTorrent client framework of iTunes. It would be activated as iTunes opens and be used for iTunes-provided content only. iTunes would use a BitTorrent 'tracker' that would connect them to other users and begin to transfer files through an initiation with the iTunes store. There are a few areas of concern with iTorrent. One involves the robustness of the program. Apple would need to control the system and constantly maintain its quality, which could be difficult, especially with the first technical model. Any lack of quality would have to be made up by iTunes. Another possible road bump would be the necessity of a certain density of files on the network for necessary speed and connection stability. The central server would have to bear the burden for any lack of file density at first. Ethically speaking, the only possible area for concern with iTorrent would be the incentive system. Those same individuals in the entertainment industry who believe that all media should be purchased may be concerned with the fact that after accumulating a certain amount of discounts or points, users essentially are able to download selevted media for free. However, iTorrent would still maximize its profits through heavy use of the incentives that are provided.

Business Overview

Recently, the increased demand for downloadable movies and television shows has greatly increased the strain on iTunes’ central servers. As more and more users demand these large files, it seems likely that iTunes will have no other option than to increase the space available on its central servers. However, by including a BitTorrent-like client into its existing iTunes client, iTunes can spread the burden of uploading these large files to its users, thereby forgoing the cost of additional server space.

The system we plan to propose to Apple incorporates a centralized BitTorrent client into the existing framework of the iTunes store with the purpose of relieving iTunes’ central server of much of the burden of uploading large files directly to purchasers. When a movie is purchased, the iTunes client will (if it determines an appropriate number of users are available to upload the file) connect the purchaser to these nodes through which the movie will be downloaded.

In order to make this system attractive to users, it is necessary to produce some sort of incentive system. The two ways we envisioned the system working are (a) offer the purchaser a monetary discount up front if they agree to allow others to upload the file from them and (b) create a system by which users earn points for the amount of megabytes uploaded to other users, which can then be converted into credits toward future purchases made at the iTunes store. Because a monetary discount up front would do nothing to prevent users from buying media at the discounted price and then moving the file to another location out of iTunes’ reach, we decided to pursue the second option. In order to make a points system work, iTunes would need to keep track of the amount of bytes uploaded by each user. There are a few issues we need to sort out with the points system: (a) the value of points in dollar/credit terms, (b) limits (if any) we should place on the amount of megabytes a user can upload or limits on the number of points available to earn in a specified period of time, and (c) how we equate the profits lost as a result of point payments (as opposed to dollar payments) and the money saved by reducing the strain on iTunes’ central servers. I will also determine what can be done in the way of marketing to make the possibility of uploading through the iTorrent client attractive to users.