— 7 — server” to coordinate the ensuing data flows between the seeder and the downloading computers, as well as the flows of data re-transmitted by peer computers among themselves. 21. To participate in such a BitTorrent network, it is of course first necessary to install BitTorrent software on one’s computer. Here, examination showed that the appellant had installed a version of such software known as “BitComet”. 22. A person who wishes his computer to act as a seeder must first store a copy of the files to be disseminated on his computer. In the present case, the appellant had stored on his computer’s hard disk, copies of the files making up each of the three films, the undisputed inference being that he had made those copies from the three legitimate VCDs found at his flat. It is not in dispute that the copies on his hard disk are infringing copies. 23. Preparations for transferring data to downloaders on a BitTorrent network then have to be made. A .torrent file has to be created in relation to the files to be disseminated. In the present case, to take the film “Daredevil” for example, it was found that the appellant had created a folder entitled “D: \BT upload\MOVIE\01 to publish\Daredevil_by_Big Crook”, thereby configuring his computer to effect a BitTorrent transfer of the relevant files. 24. The availability of the relevant files and the means of obtaining them from the seeder have to be publicised to those who may be interested in obtaining them. This is usually done by publishing a .torrent file to a newsgroup. In the present case, examination of his computer revealed that the appellant had posted .torrent files in relation to each of the three films to six different newsgroups, including the forum “bt.movie.hk” which was accessed by the Customs Officer. Those .torrent files contained information about the IP

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