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it contained and the files which had been downloaded onto the Customs
Officer’s computer.
Postings and e-mails from “Big Crook” were also
retrieved from the newsgroup’s server.
16.
On the basis of his analysis, the forensic expert concluded that the
appellant’s computer was the original source (or, in BitTorrent parlance, the
initial “seeder” computer) from which copies of the films had been downloaded
by the Customs Officer (and others), prompting the bringing of the charges.
17.
To resolve the issues raised by the appellant, it is necessary to
undertake a more detailed examination of how BitTorrent technology operates
and how it was applied in the present case.
D.
18.
BitTorrent technology as applied in the present case
The technical evidence was not disputed and was accepted by the
magistrate. It may be summarised as follows.
19.
A motion picture, when reduced to digital form, represents a very
large quantity of data. If it were sought to make such a film available using
traditional client-server technology whereby all those wishing to download the
film would have to gain access to it from a centralised server, a serious
bottleneck would be likely to occur in the flow of data, making the
downloading process so slow as to be impracticable.
20.
The BitTorrent system, which is a variant of what is known as a
“peer-to-peer” file sharing system, avoids such a bottleneck.
It does not
involve a centralised computer but is designed so that individual computers
“share” the material they have downloaded from a source by re-transmitting it
to other “peer” computers.
The BitTorrent system requires there to be a
computer which acts as the initial “seeder”, that is, the original source of the
files to be downloaded. It also requires a different computer to act as a “tracker