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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