Guru Checkpoint 2 (Guen Han)

The BitTorrent client has been downloaded by millions of users, and it distributes files by breaking them down into many little pieces that users download and upload simultaneously. Because of this innovative approach to peer-to-peer sharing, files downloaded through BitTorrent are obtained quickly. In our hypothetical situation, Apple wants to start using the BitTorrent technology to distribute the products in the iTunes Store, particularly HD movies. After a great amount of research, consulting group 7 believes that Apple should make use of the BitTorrent technology to distribute its products. If Apple chooses to take our advice, we also have several suggestions and guidelines for Apple to follow so that this technology may be implemented successfully.

The legal, technological and economic aspects of our consideration are posted above this entry. This post will discuss the ethical side of Apple's potential use of BitTorrent. Here is a summary of a few of those questions that will be addressed in the final consulting report:

1. Users with BitTorrent have the ability to download files quickly partly because uploading is automatically built into the BitTorrent system. Because of this, running BitTorrent can take up a good deal of the memory on a user’s computer, sometimes enough so that the user cannot engage in common applications, like surf the Internet or play online games. Apple must evaluate whether it is right to force their customers to use up all their bandwidth and memory just to download a product from iTunes.

2. Even though BitTorrent is lauded for the rapidity of its downloads, this is not always the case. The speed at which a file downloads depends on factors such as the number of peers and the age of the file. In fact, BitTorrent can be slower than Apple downloads because of these factors. Apple must evaluate whether these customers should be forced to download their purchase with BitTorrent, or whether to offer an alternative mode of download, in cases such as these. If this is the case, Apple must also evaluate whether alternatives should be offered to only a few customers or to every customer. This is a complicated question, especially considering that Apple is dependent on a large number of peers in order for the BitTorrent file to download quickly.

3. The BitTorrent technology is universal. This means that anyone from anywhere in the world is allowed to download BitTorrent and use it to share files; because of this, oftentimes, BitTorrent users will be downloading pieces of a file from people from various locations around the globe, such as Japan, Germany, Canada, and France. However, iTunes purchases are only offered to customers in select countries. Apple should evaluate whether to broaden its offerings to other countries, since it is using a universal downloading client. This is also in their business interest to offer because they are dependent on more peers for speedier downloads.

4. Apple cannot easily control the speed at which their products download with the BitTorrent client, unless they allow non-customers also keep parts of the file on their computer. Apple must evaluate whether a move is ethical or not, especially in consideration of the licenses Apple has with movie and production companies. Apple must also consider whether it is right to use non-customers without giving them any benefit. In any case, Apple must consider whether it is ethical to profit at the expense of movie/production companies and other BitTorrent users.

5. Apple can protect products purchased through iTunes through DRM like Fairplay and allowing those who purchased the movie to connect to the tracker of the particular product. However, some argue that DRM technology restrict fair use rights. Because of this, an internal study shows that only 34% of BitTorrent’s current clientele would willingly switch to a legal option for obtaining its movies. Users from the remaining percentage of users cite that they want to be able to do anything they want with their purchased file, that is, watch it when they want to, where they want to, how they want to—acts that DRM restricts. Apple must evaluate how it can ethically balance demands from both their users and movie/production companies.

6. Apple must, of course, get the IP address of customers who purchase a product in order to release the file to be downloaded. Before doing so, Apple must consider what is an ethical amount of data/information to be gathered on their customers, and at what point it is an invasion of privacy (especially if Apple were trying to guarantee that their users are not using the movies illegally). This is especially relevant because there will be someone who will be able to break the DRM of their products. Apple must decide whether it is ethical to employ restrictions or other comparable measures to track this, and how this will affect the privacy of their customer base.

7. BitTorrent is open source technology, and thus, anyone can modify and distribute it. This could pose as a danger to Apple, but they must consider what rights they have over the technology and how much control they can have over the client (does Apple want to attempt to centralize BitTorrent so they have more control?). They must keep in mind that BitTorrent is used by millions of other non-customers too.

Sources:

NY Times
“File Sharing’s New Face”
“Television; Steal This Show”
“Keeping Moviegoers Away From the Dark Side”
“Media; Forget the Bootleg, Just Download the Movie Legally”
“A DVD Copy Protection Is Overcome by Hackers”
“Software Exploited by Pirates Goes to Work for Hollywood”