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Preservation of Evidence

Logging of IP Data

The logging of IP data consists of 4 different steps:

- How We Detect Illegally Offered Files on P2P Networks

The owner of copyright-protected content or their attorneys usually determine the works which are to be looked for in the file-sharing networks by Media Protector GmbH.

Although in most cases, the filename which is used in the file-sharing network does not correspond with the genuine title of the work which is supposed to be protected,many times the resemblance between original title and filename.

- How We Validate the Content of a File that is Offered Illegally on P2P Networks

After the putative files have been detected and downloaded, it is verified via manual comparison whether the files are definite copies of the data content in relation to which the rights of an owner / owners have been infringed. In order to do so, Media Protector GmbH staff members compare the genuine content with the putative illegal copies visually and/or acoustically (in practice via viewing excerpts of a film or via listening to audio files.)

As an alternative to the described file search, it is also possible to make use of a socalled “eD2K link” in case such a link is available. This link then directly leads to a file which can be downloaded from the eD2K network. Such links are often provided on relevant web forums or similar web pages. Files which are found this way are, after the file download is completed, likewise manually compared with the original work by a Media Protector GmbH staff member.

Some downloaded files are available in an archived or compressed format. Media Protector GmbH personnel decompress those files using common tools and afterwards compare the content with the original work. If the comparison shows that file content and genuine work are identical, the archived or compressed file can be used for FileWatch to perform its queries and analyses.

If the file to be examined is password-protected, Media Protector GmbH staff members conduct a search to find the corresponding password so that it is possible to also compare this file content with the original work.

- How We Determine the Digital Fingerprint (File Hash-Value) of a File After We Validated its Content

If a downloaded file matches the principal’s original work, the file’s file hash value is calculated. Although it is possible in theory that two files with different content are mapped to the very same file hash value, it does not happen practically: 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.

Incidentally, when calculating the file hash value, the different filenames do not matter as the filename is not a factor in the calculation of the file hash value – only the content matters. In order to find further copies of a file which was positively identified, identical files with the exact same file hash value are searched. The advantage of this is that it is unimportant which filenames are used (filenames can be arbitrarily altered by the user, and that is what happens frequently in practice).

- How We Find Further Illegal Copies of the File and Log Data of Those Network Users, Who Are Illegally Downloading, Uploading or Making the File Available to Others in the Network

Once the content of a downloaded file has been validated and the corresponding file hash value was calculated, Media Protector uses the file hash value in order to find further copies of the file in the file-sharing network. The proprietor software technology of Media Protector - FileWatch - then detects and logs fully automated evidence of the illegal activities from such users, who download, upload and / or make this file available to other users in the network. All evidence data is stored into the FileWatch database.