FAQ

General

- Has Media Protector Ever Distributed Files in P2P Networks?

Naturally, Media Protector never distributes any files or file fragments into the networks. Media Protector GmbH itself cannot be the distributor of copyright-protected content when conducting its investigation and logging activities, an implemented software feature prevents any file upload – unlike the popular conventional clients. Media Protector does not obtain any rights which would allow Media Protector to distribute files into p2p networks so that it can then pursuit the users, who are actually downloading the files. The services of Media Protector are strictly limited to the logging of IP addresses which have been used for file-sharing copyright protected content, which is owned by Media Protector’s clients.

- Am I Safe as Long as My Hard Drive is Encrypted?

Some users encrypt their hard drives so that third persons cannot access content on the hard drive without proper decryption key. This is generally a very effective protection in case a notebook or computer gets stolen.
At runtime, when working with software applications, encryption technology is ineffective, as all applications and files are (must be) temporarily decrypted during the communication with other systems. In the end, encrypted data would be of no use to the communication partner in a file-sharing network. From this point of view, when it comes to participating in file-sharing networks, it is irrelevant whether content on hard drives was encrypted or not – at the time of data transmission, all files are converted back to a format that has to be fully understandable to all participants.

It can therefore be concluded that the encryption of the entire hard drive does not offer any protection for using files in file-sharing networks in an illegal way.

- I was Simply Downloading the File, yet I am Alleged of Having Made the File Illegally Available to Other Network Participants? How Is That Possible?

Each user who downloads files from the eD2K network usually offers those files automatically to other users of the network. Typically, the offering of files and the file download (virtually) happen simultaneously and regardless of how many parts of the entire file have already been downloaded onto the computer.

- At the Time the Infringement Took Place, No One Was at Home?

The sharing of files in P2P networks does not require the user’s to be present at their computers. Once the download was triggered, the participating computers virtually perform all download and upload operations fully automated and self-controlled. Depending on the data volume and the available sources, the completion of a file can take up to several hours, days or weeks.

Privacy and Data Protection

- How is Media Protector Able to Track Down My Name and Address Only From an IP Address?

Owners of digital content commission Media Protector to log IP addresses in P2P networks which have been used for file-sharing their copyright protected content. IP data are non personal data. At no time does Media Protector get knowledge of any personal data linked to IP addresses. The IP data is passed on to the law office TBI. The Content owners commissioned the law firm to carry out the legal work necessary to obtain the personal data linked to the IP addresses provided by Media Protector.

- Are Fata Protection Regulations in Germany Allowing Private Owned Companies to Log IP Data?

German courts repeatedly confirmed that data logging as performed with FileWatch does not violate any data protection or data security laws in Germany. At no point does FileWatch spy out any computer hard drives, neither does FileWatch perform online computers searches.

- Does FileWatch Breach the User`s Privacy When Logging the Data?

Certainly not! Due to the structural conditions of the internet and its communication protocols, the IP address of the own computer will automatically be exposed to other computers on the net. FileWatch simply logs such information and writes them down into its database.

Logging of Data

- Which Data Are Logged?

FileWatch logs, amongst other things, the following data:

• IP address used for the infringing act
• timestamp, accurate to the split second, indicating the exact time at which the monitored client was logged
• file hash value of the monitored file
• alias used by the user in the file-sharing network
• User hash value of the client software which unambiguously identifies the client in the eD2K network
• client software
• client version
• maximum number of parts, the monitored file consists of
• total size of the monitored file
• number of parts of the monitored file actually downloaded by the logged client
• name of ISP which assigned the IP address
• graphical diagram illustrating which parts have already been downloaded from the monitored client and which not
• Identifier which indicates whether FileWatch tried to download data of the monitored file from the logged client (”d” for “download”) or whether the logged client tried to download data of the monitored file from FileWatch (”u” for “upload”)

- How Unique Is The Filehash Value Media Protector Is Referring To?

The chances that two different files have an identical file hash value are extremely small, i.e.1:2¹²⁸. In comparison: the chances of winning the lottery (6/49) jackpot five times in a row are much higher than finding two files with different content but an identical file hash value. It can therefore be considered a safe fact that files in the eDonkey2000 network can be unambiguously identified with the file hash value.

- Is It Possible to Manipulate the Filehash Value?

Technically, it is not possible to manipulate the Filehash value. It is also not possible to create a Fake-File which has the identical Filehash value as some other file.

- Is It Possible That Some Sort of Bug Caused FileWatch to Wrongly Log My IP Address?

The correct functioning was tested and verified in the expertise of Dr. Frank Sarre, Diplom-Informatiker, public appointed and sworn expert by the Chamber of Commerce and Industry for Munich and Upper Bavaria. Thus, the possibility that due to a software malfunction FileWatch would log incorrect IP data can be fully eliminated.

- How Come That I Did Nott Notice Anything When You Logged My IP Address?

In the network environment, FileWatch behaves like it was a regular file-sharing client. It cannot be distinguished from a regular client by either another eD2K-Server or another eD2K-Client. The data logging itself therefore happens imperceptibly as well.

How Is It Possible That You Logged My IP Despite The Fact, That The File Was Encrypted Or in a Compressed File Format (e.g. zip / rar ) And Therefore Not Visible to You?

In the file-sharing network eDonkey2000, files are not only offered in standard file formats but also in specialized formats such as RAR, ZIP or TAR. It is the opinion of many users that the content of encrypted or compressed file formats cannot be analyzed. However, this widespread opinion is dramatically incorrect. As soon as a file – regardless of its file format – is verified as being copyright protected, the so called file hash value is used to unambiguously identify the file in the file-sharing network. It can therefore be concluded that the compression or encryption of files does not offer any secure protection if illegal acts of copying are being conducted in filesharing networks.

- I Declare That I Had Double-Clicked The File in Question But I Removed The File From My P2P Client a Short Moment Later, Even Before I Started Downloading It. Yet, How Come That You Have Logged My IP And Sent This Letter to Me?

FileWatch does not only log a user’s IP at a single moment, but it follows the user’s P2P activities over a basically unlimited period of time. With this downloading profile we are able to distinguish, whether a user simply double-clicked and then deleted the file, or whether he downloaded the file - regardless of if the completion of the file takes days, weeks of even months.

Evidentiary Value Of IP Adresses

- Is It Possible That Someone Stole or Forged My IP Address?

With file sharing in the eDonkey2000 network, the use of forged IP addresses and/or the abuse of IP addresses is virtually impossible as a thorough and effective manipulation would require the Internet Service Provider’s participation in those illegal activities and would also imply further complex measures.

- Is It Possible That Another P2P Participant Was Somehow Using My IP Address?

FileWatch will not log any IP data before a direct (peer-to-peer) connection to the P2P participant was established. Extensive authentication mechanism together with the network`s bidirectional communications eliminate the possibility, that a “Hacker” could somehow use the IP address of another P2P participant.

- I Am Using An Internet Service Provider Who Assigns Dynamic IP Addresses to Its Costumers. The Assigned IP Addresses Are Frequently Changing. How Can It Be Possible Then That You Can Link An IP Address to My Account At a Later Point?

Internet Service Provider retain so called traffic data of their costumers. It is therefore possible to track down the identity of an internet user, who was using a specific IP address at a given date and time. This is possible regardless of whether the IP address was static or dynamic.

- Does It Happen That Internet Service Provider Assign Identical IP addresses to Several Internet Users at The Same Time And Therefore Someone Else Might Have Been Conducting The Infringements With An IP Address Which Was Also Assigned As Well To My Household At The Given Time?

Each Internet Service Provider has access to a specific pool of IP addresses, which has been exclusively assigned to him. Out of this pool, IP addresses are assigned to the individual end users either static or dynamic. Any IP address will be exclusively assigned to only one user at a given time. It is therefore not possible, that an IP address was used by more than one user at the same time.

- How does Media Protector ground its allegations that my Internet connection was used to post illegal files?

Technically, it is very feasible to provide proof of the data transferred to a communication partner on the internet. Since all incoming file data are being instantly saved on the recipient’s computer, it is easy to later determine at what point in time data were transferred to the recipient. FileWatch operates by following this principle: it can store data fragments of 10 KB in size of each client and part and is thus able to verify the authenticity of the data.