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Pre-Release File Sharing

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Pre-Release File Sharing is a type of file sharing that combines the concepts of data leaking, information leaking, hacking, piracy and digital distribution. It refers to the relationship between privately owned content in media and online users. Illegal pre-released file sharing is file sharing that has been unofficially published outside the official publishing streams of a file by its manufacturer and is accessed and shared over the Internet.[1]

Technology

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There are various technologies are involved in pre-release file-sharing. File-Transfer Protocols (FTP) are a type of network that exist by one computer being a host server, whilst other computers log into a FTP Client to connect to the host computer. [2] Peer-to-peer networks (P2P) are similar to FTP servers in that each computer acts as a host computer, and a client computer. Other community based online services such as Dropbox allow users to upload files into an online storage from their web browser or mobile application which can be downloaded later by users.[2].

File:Dropbox logo (2013).svg
Dropbox Logo
 
Torrent Software for Mac :Transmission

BitTorrent

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Aside from the other network sharing technologies that exist using client and host based networks, BitTorrent is different due to its structure. BitTorrent is a data transfer protocol.[3] It operates through splitting large files into smaller files and Torrent software that uploads, downloads and reconstructs the small files back together. The file type ".torrent" is a BitTorrent file that is used to organize the process by helping users connect to each other.[4] uTorrent for PC, Transmission for Mac, and Vuzer or KTorrent for Linux are examples of BitTorrent software.[5]

Music

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Pre-Release File Sharing Studies and Music

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Pre-Release file sharing has undergone much study over the years. In 1999, a peer-to-peer network sharing platform called Napster was created [6] and shut down in 2001. Other peer-to-peer applications were created. Studies have shown the effects of Pre-Release File-Sharing to be either beneficial to album sales or detrimental.

Liebowitz's study focused on vacation-related supply stock which was later criticized by Oberholzer and Strumpf who surmised that Leibowitz's measures were not relevant to the study of pre-release file-sharing on music sales, and required revising. In contemporary usage file-sharing can be seen to be a new format compared to old formats which assert the dominance of file-sharing as a medium for music greater than vinyl and cassettes.[7]

Pre-Release File Sharing as Digital Labour

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The discussion of pre-release file sharing as digital labour stems from Communication Studies scholars concept of "immaterial labour". Immaterial labour relies on the commodification of social relationships, where subjectivity becomes raw material and free labour is the process in which creates meaning out of it. [8]The concept of immaterial labour opens the discussion of the controversy between Big Data Corporations and users that highlights the exploitation of online users. The concept highlights the ability to use online resources to produce user-generated content out of online platforms such as Facebook, and Google, while being consumers of the products. These products include "knowledge, information, communication, a relationship, or emotional space."[9] Immaterial labour focuses on the compensation of users who do work for Big Data corporations. Immaterial labour which is also deemed free labour. [9] On the Internet, immaterial labour can be considered from a wide variety of actions. It includes posting on Facebook to searching on Google. The introduction of immaterial labour opens up several branches of similar niche concepts that relate to pre-release file sharing. These various relations between Big Data companies and users create various economies can be seen to inhabit pre-release file sharing.

Terranova, who coins the "digital economy" as an intersect between the information economy and cultural economy.[10] Harvey describes people who contribute to the circulation of pre-released files as "unpaid promotional delegates".[11]The circulation of pre-released files begins to be immaterial labour when users actively promote albums in online communities. This includes posting links in forums as well as uploading files to file sharing sites.

Album Leaks

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An album leak is a method of pre-release file-sharing that entails a music album being circulated before its due date in stores. This type of pre-release file-sharing does not replace the official release of an album.[11]

Pre-Release File Sharing as Promotion

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Album leaking has been seen to act as a promotional tool for music through the creation of "Hype".[11] "Hype" is "the state of anticipation generated through the circulation of promotion, resulting in the crisis of value".[11] Being invited to a listening party was one way in which one was able to listen to pre-released material or being sent a promotional recording and it being streamed online are ways that pre-released files are first distributed.[11] Albums sent to journalist of music magazines such as Pitchfork, and Grizzly Bear and other online stream services that act as "leak sources" which after being pre-released files are streamed online, are recorded by users and reproduced.[11] The recordings are transfigured into various music file formats and circulated via file-sharing platforms such as Zshare and Mediafire, BitTorrent and various forums.[11] Searching for leaked material can be done by searching in a Google query; the albums name, followed by leak.[11]

Album Leaks Before the Internet History
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Album leaks are not a new phenomena in the music industry and have occurred earlier than the 2000s outside of online file-sharing. The earliest pre-release album leak dates back to before the invent of the mp3 file format. The earliest album leak recognized is Bob Dylan's Great White Wonder also known as GWW for short.[12] in the summer of 1968. California radio stations were playing the pre-release version of "This Wheel's on Fire" before it had been released in stores.[12] In the Rolling Stone magazine, a publisher had written an article about the song, reporting that it was not the official release of the song and in response wrote an article called, "Dylan's Basement Tape Should be Released".[12] Later copies of pre-released Wonder, having 23 songs were released in record stores in an album package that was decorated in white.[12]

Pre-Release File Sharing and Film

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The study of pre-release file-sharing has gathered much attention. Studies that have published material of a detrimental causality with pre-release file sharing and film have generally studied after the fact of leakage. In studies that have looked at the "pre-release focusing on prior release there have been conclusion that pre-release file sharing is detrimental to sales as well. The delay of a film's release can habor up to 7% of revenue and box office revenue by 19%".[13]

Movie Leaks

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A movie leak is a type of unauthorized pre-release of a film that raises the issue of security in the film industry. The issue considers stages in the production and distribution of a film that allows access to film materials and its distribution. The pre-release of a film is considered a threat to theater attendance and sales. [14] In a study regarding the leakage of movies, out of "312 films, 183 were located in file sharing sites, whilst 285 films, 70% of these films were leaked by industry insiders".[14] .Pre-release file-sharing considers two instances of piracy with regards to circulation: prior to release in theaters, and prior to release in stores.

The stream of production begins when different pieces of a movie: video, audio, enter the editing room. In the editing room the physical portion of the film is created. In a post-production process the film may be sent to other companies to do post production effects.[14] The distribution process is associated with business aspects which include the marketing of the film and its release. The final edit of the film is what is shown in theaters.

Industry insiders are trusted individuals or companies who receive copies of the film prior to release.[14] These people include "critics and award judges. Employees at cinemas can also be considered to handle film prior to release."[14] "Advertisers who receive pre-released materials can also be considered"[14].

X-Men Origins: Wolverine Leak (2009)
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In 2009 X-Men Origins: Wolverine was set to be released May 1st 2009 in US theatres.[15] Prior to this date an incomplete version of the movie was released over the Internet that consisted of early visual effects.[15] The FBI tracked the spread of the film to Gilberto Sanchez.[16] Sanchez was sentenced by District Judge Margaret Morrow.[17] for 1 year.[18]

Security Issues

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Insider's Leak

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There are two types of scenario leaks in movie production: Insider Attacks and Outsider Attacks.[14] Insider attacks occur when a trusted individual participates in unauthorized distribution of a film.[14] These individuals can work various positions in the film industry; and editor, advertiser, or cinema projectionist. There are several potential instances that are considerable to insider attacks: Any unauthorized copying of a film in the editing room or nearby.[14] Any copying of a critic's advanced copy of a movie.[14] These copies can be titled Screener Copy or a specific name to a professional.[14] Unauthorized copies to an award's judge which are presented with 'for your consideration'.[14] Any copying of a promotional copy or preview screening copy.[14] Any copy that is recorded by a projectionist. Any unauthorized copying of a physical medium such as DVD" and other formats.[14]

The Hulk 2003 Pre-Release Leak
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In 2003, an incomplete version of The Hulk was released over the Internet two weeks before it was due in theaters June 20, 2013.[14] The leak was considered an insider's leak. It was leaked by a member of a Manhattan print advertising firm, which then was leaked to a friend of the colleague. After it was leaked to Kerry Gonzalez who faced charges from posting the file online. He was sentenced to 6 months of house arrest and 3 years probation.[14]

Outsider's Attacks

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Outsider attacks on film consider a "cinema goer's cam recordings at a cinema, unauthorized copying of a physical copying of a film, or copying from cable, satellite or broadcast TV". [14]

It is noted that there is a difference between files shared rooted from insider attacks and outsider attacks that considers freshness, and quality.[14] Insider attacks are noted to have higher quality compared to outsider attacks.[14] While unauthorized files may be larger, in outsider leaked files, there is a degradation to quality where file size can be smaller due to poor video compression.[14]

Pre-Release File Sharing and Streaming Services

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Pre-release file sharing studies in streaming services focused on the file and its ownership. It is defined as a file service where ownership is switched. The debate of file sharing and streaming focuses on downloading behavior and ethical legal perceptions. Studies have shown that there are ethical conflicts of users ethical perceptions and acceptance to pirate files. [19] Where streaming can be seen to be legal on sites such as Netflix, HBO, Apple Music, Hulu, Spotify and Panda.

Game of Thrones Season 7 HBO Leak

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HBO's Game of Thrones

In 2017, "HBO's show Game of Thrones was hacked by a hacker of the alias 'Mr Smith', resulting in pre-released video files of several episodes of the 7th season; two of which were before their release over the HBO network: Episode 4 of Game of Thrones was hacked in whilst possession of Sky India, while episode 6 was hacked from HBO's European part".[20] Hackers released "sensitive information such as actor details, username and passwords of twitter accounts, script details, and emails". [21] HBO is seen to address the hacker situation by not paying ransom as well as taking action for future seasons. "Game of Thrones producer have taken preliminary action by planning to not give actors scripts for the next season (season eight) with scripts voiced to actors while acting".[22]

Regulation

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Pre-release file sharing is mainly targeted by the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) triggers when files are accessed without proper license or permission.[23] The Digital Millennium Copyright Act of 1998 lists 3 exceptions to the Digital Millennium Copyright Act: broadcast transmissions, subscription transmissions, and on-demand transmissions.[24] The Digital Millennium Copyright Act of 1998 acknowledges that it must be revised in order to cater to contemporary material online and acknowledge that "webcasting" should be included as eligible non subscription transmissions. The Digital Copyright Act of 1998 states that a single ephemeral or digital recording acts as the sole copyright of a file under section 112 of the Copyright Act. This allows only one file of a created material to be covered by the Digital Millennium Copyright Act and any other material created in its likeness is excluded from the Digital Millennium Copyright Act's protection which can result in a multitude of regulatory fines.

Infringements

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United States of America
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The infringements that can be considered in sharing of pre-released files vary from degree to fine in the same manner as copyrighted files. In 2008, the Digital Millennium Copyright Act enacted the "personal use download fine. In 2009 a fine of $1.9 million was charged to a woman from Minnesota. The Copyright Act 2005 made pre-release of film a felony that could give up to 5 years in prison and 10 years on a second charge.[13]

Canada
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A person who is charged under this pretense faces $500 per download".[25] Internet service providers also survey traffic of packets in search for files of the same nature of thier customers. Internet service providers first send out a notice for copyright infringement. These notices can result in charges from $200 to $10,000.[26] Although Internet service providers may send out 'notice of notice' for infringement Industry Canada deems it nonobligatory to pay a copyright and act as a way to "reduce reoccurring offenses".[27] A

TEKSAVY and JOHN DOEs vs Voltage Pictures - The Hurt Locker (2008)

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In 2010, Voltage Pictures set charges against TekSavvy for sharing the movie The Hurt Locker (2008) five months before its release. [28] Under Rule 238 of the Federal Courts rules SOR/98-106, the Federal Court of Canada ordered TekSavvy to reveal the names of customers who downloaded movies illegally.[29] On February 20th 2014, The Federal Court of Canada ordered TekSavvy to provide details such as IP addresses to Voltage Pictures.[29] The Federal Court of Canada ordered Voltage pictures to pay all cost Teksavy in abiding to this Order.[30] TekSavvy quoted Voltage Pictures $346,480.68 to reveal the names of the suspected downloaders.[30] Voltage pictures counter-quoted based on their calculations, $884.[30] The Federal Court of Canada finalized the cost of $21,557.50 for the list.[30]

Surveillance

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File sharing at its core is not illegal, and occurs when a second-party of the copyrighted material circulates the file without permission. The merit of file sharing relies on its content. Between the uploader and the downloader are online entities and regulation that monitor the circulation of online materials such as the DMCA. Entities such as the National Security Agency (the NSA) and the Government Communication Headquarters (GCHQ) have monitored file sharing platforms. Out of the purpose to monitor various online peer-to-peer file sharing platforms for illegal activity such as Kazaa and BitTorrent various web tools and applications were created in order to identify pre-released files. In The Snowden Leak revealed that the NSA was monitoring Kazaa and eDonkey.[31] The NSA had an initiative for monitoring file sharing networks called GRIMPLATE whilst the GCHQ created an initiative called DIRTY RAT.[32]

GRIMPLATE

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GRIMPLATE was a NSA initiative that monitored the Department of Defense employees use on BitTorrent to see if the use of BitTorrent could be considered illegal activity to prevent further use of BitTorrent.[32]

DIRTY RAT

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The British's Government Communications Headquarters had created an app called DIRTY RAT that was able to identify a user and their downloads on eMule and BitTorrent.[32]

PLAGUE RAT

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PLAGUE RAT was another GCHQ application that had the ability to tailor search results to a user on the eMule network.[32]

MUTANT BROTH

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LEVITATION

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LEVITATION was released to CBC after Snowden's Leak.[33] LEVITATION was a project made by the Canadian Agency Communications Security Establishment.[33] It's sole purpose is to monitor downloads from all over the world as an anti-terrorism measure. LEVITATION monitors over 10 to 15 million downloads everyday over 102 upload sites such as SendSpace, RapidShare and MegaUpload.[33] Issues of privacy arise from the root of information gathered by telecommunication providers such as cable companies.[33] Once a user is found, their IP address can be mined and put into GCHQ's MUTANT BROTH.[33]

One instance of a NSA Marina database was used to scan through Facebook profile and is sent a list of potential threats to CSE's Office of Counter Terrorism. As of 2012 there have been two successes for the LEVITATION.[33]

Works Cited

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  1. ^ Hammond, Robert G. (7 March 2014). "Profit Leak? Pre-Release File Sharing and the Music Industry∗". {{cite journal}}: |access-date= requires |url= (help); Cite journal requires |journal= (help)
  2. ^ a b Mitchel, Bradley. "The beginner's guide to Internet and network file sharing". Lifewire. Retrieved 6 December 2017. Cite error: The named reference "life" was defined multiple times with different content (see the help page).
  3. ^ Mitchell, Bradley. "How to Search for BitTorrent Files". Lifewire. Retrieved 6 December 2017.
  4. ^ Gil, Paul. "How Torrent Downloading Works". Lifewire. Retrieved 6 December 2017.
  5. ^ Pash, Adam. "A beginner's guide to BitTorrent". Lifehacker. Retrieved 6 December 2017.
  6. ^ Liebowitz, Stan J. (March 2005). "File Sharing: Creative Destruction or just Plain Destruction". {{cite journal}}: |access-date= requires |url= (help); Cite journal requires |journal= (help)
  7. ^ Oberholzer-Gee and Strumpf, Felix and Koleman. "The effect of file sharing on record sales, revisited". Information Economics and Policy. 37 (2016): 65. {{cite journal}}: |access-date= requires |url= (help)
  8. ^ Scholz, edited by Trebor (2013). Digital labor : the Internet as playground and factory. New York: Routledge. p. 89. ISBN 978-0-415-89694-8. {{cite book}}: |access-date= requires |url= (help); |first1= has generic name (help)
  9. ^ a b Coté and Pybus, Mark and Jennifer (2011). "Learning to Immaterial Labour 2.0:Facebook and Social Networks". Cognitive Capitalism, Education and Digital Labour: 37. {{cite journal}}: |access-date= requires |url= (help) Cite error: The named reference "Pybus" was defined multiple times with different content (see the help page).
  10. ^ Terranova, Tiziana (2000). "Free Labour: Producing Culture for the Digital Economy". Social Text 63. 18 (2). {{cite journal}}: |access-date= requires |url= (help)
  11. ^ a b c d e f g h Harvey, Eric (2012). "Collective anticipation: The contested circulation of an album leak". Convergence: The International Journal of Research. 19 (1). {{cite journal}}: |access-date= requires |url= (help) Cite error: The named reference "Harvey" was defined multiple times with different content (see the help page).
  12. ^ a b c d Harvey, Eric. "Bob Dylan's Great White Wonder: The Story of the World's First Album Leak". Pitchfork. Condé Nast. Retrieved 5 December 2017. Cite error: The named reference "Pitch" was defined multiple times with different content (see the help page).
  13. ^ a b Ma, Liye (3 September 2014). "An Empirical Analysis of the Impact of Pre-Release Movie Piracy on Box Office Revenue". Information Systems Research. 25 (3): 602. {{cite journal}}: |access-date= requires |url= (help) Cite error: The named reference "Ma" was defined multiple times with different content (see the help page).
  14. ^ a b c d e f g h i j k l m n o p q r s t Byers, Cranor, Cronin, Korman and McDaniel, Simon, Lorrie, Eric, Dave, and Patrick (2004). "An Analysis of security vulnurabilities in the movie production and distribution process". Telecommunications Policy. 28. {{cite journal}}: |access-date= requires |url= (help)CS1 maint: multiple names: authors list (link) Cite error: The named reference "Byers" was defined multiple times with different content (see the help page).
  15. ^ a b CNN, By Alan Duke. "'X-Men Origins: Wolverine' leaked to Web - CNN.com". www.cnn.com. Cable News Network. Cable News Network. Retrieved 5 December 2017. {{cite news}}: |last1= has generic name (help) Cite error: The named reference "CNN" was defined multiple times with different content (see the help page).
  16. ^ Wilson, Michael (2010). "The Story of Gilberto Sanchez, the Man Who Leaked 'Wolverine'". The New York Times. The New York Times Company. The New York Times Company. Retrieved 5 December 2017.
  17. ^ Belloni, Mathew. "'X-Men: Wolverine' Pirate Sentenced to Year in Federal Prison". The Hollywood Reporter. The Hollywood Reporter. The Hollywood Reporter. Retrieved 5 December 2017.
  18. ^ Gilani, Nadia. "Film fan sentenced to year's prison term for leaking X-Men: Wolverine online a month before general release". Mail Online. Associated Newspapers Ltd. Associated Newspapers Ltd. Retrieved 5 December 2017.
  19. ^ Hansen, Jared (September 2013). "The Role of Restrictiveness of Ethical and Legal Awareness Sharing". Journal of the Association for Information Systems. 14 (9): 546. {{cite journal}}: |access-date= requires |url= (help)
  20. ^ Spangler, Todd (7 August 2017). "HBO Hacks and Leaks: How Much Have They Hurt the Business?". Variety Media. Variety Media. Retrieved 9 November 2017.
  21. ^ Gibbs, Samuel (21 August 2017). "Game of Thrones: HBO hackers threaten leak of season finale". Guardian News and Media Limited. Guardian News and Media Limited. Retrieved 9 November 2017. {{cite news}}: Cite has empty unknown parameter: |1= (help)
  22. ^ Dawson, James (14 October 2017). "'Game Of Thrones' Actors Will Not Be Given Scripts Next Season". LADbible Group. LADbible Group. Retrieved 9 November 2017.
  23. ^ "File Sharing vs. Online Streaming: What's the Diff?". The Curators of the University of Missouri. Retrieved 6 November 2017.
  24. ^ Copyright Office Summary. "The Digital Copyright Act of 1998" (PDF). Retrieved 6 November 2017.
  25. ^ Michael Geist. "Report Says Canadian DMCA To Include $500 Fine Per Download". Michael Geist. Michael Geist. Retrieved 6 November 2017.
  26. ^ Bogart, Nicole (13 January 2017). "No, you do not have to pay a 'settlement fee' if you get an illegal download notice". GlobalNews. GlobalNews. Retrieved 6 November 2017.
  27. ^ "New regulations about illegal downloading go into effect". GlobalNews. GlobalNews. 15 January 2017. Retrieved 6 November 2017.
  28. ^ Custos. "Some of the biggest pre-release movie leaks ever". Custos Media Technology. Retrieved 23 November 2017.
  29. ^ a b TheGlobeAndMail. "Court orders Canadian ISP to reveal customers who downloaded movies". GlobeAndMail. Retrieved 4 Dec 2017. Cite error: The named reference "Globe" was defined multiple times with different content (see the help page).
  30. ^ a b c d TechDirt. "Voltage Pictures Has To Pay $22k To Canadian ISP If It Wants Names For Its Shakedown Scheme". TechDirt. Retrieved 4 Dec 2017. Cite error: The named reference "Tech" was defined multiple times with different content (see the help page).
  31. ^ TorrentFreak, Andy (14 September 2017). "NSA Spied on Early File-Sharing Networks, Including BitTorrent - TorrentFreak". TorrentFreak. Retrieved 5 December 2017.
  32. ^ a b c d Lee, Micah. "NSA BROKE THE ENCRYPTION ON FILE-SHARING APPS KAZAA AND EDONKEY". The Intercept. The Intercept. Retrieved 5 December 2017. Cite error: The named reference "Icept" was defined multiple times with different content (see the help page).
  33. ^ a b c d e f Hildebrandt, Pereira, Seglins. "Canadian spies track millions of downloads daily: Snowden files". CBC News. CBC/Radio Canada. CBC News. Retrieved 5 December 2017.{{cite news}}: CS1 maint: multiple names: authors list (link) Cite error: The named reference "CSE" was defined multiple times with different content (see the help page).
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