Grokster and FastTrack
Prior to MGM v. Grokster's arrival in courts, the FastTrack protocol that Grokster used was very popular for P2P file sharers. An estimated 16 million users worldwide had shared files over the protocol by 2003. The protocol set records the same year with an estimated 2.4 million users concurrently sharing files.
Users began flocking away from Grokster and the FastTrack network during and after the lawsuit. Many cite the lack of anonymity and the proliferation of malicious content like viruses and spyware as the reason for leaving. Indeed, agents acting for the RIAA were responsible for the distribution of some of this bad content. Users also left for better alternatives offered by BitTorrent, a fully distributed file sharing platform developed in 2001. Sites like Suprnova and Pirate Bay became popular by tracking copyrighted content that had once been shared on FastTrack. Users also left for legal alternatives offered by online music stores.
Applications using the FastTrack protocol still exist today, but their traffic has dropped sharply due to decreased quality of content, proliferation of malware, and lack of anonymity protection. Many of these applications, such as Kazaa and iMesh, have been modified so that users can no longer share copyrighted content. Others like KCeasy and Appolon support file-sharing on multiple protocols (such as Gnutella, OpenFT, and Ares Galaxy), possibly as an effort to distance themselves from a single protocol and thus liability for inducement.
Post-Grokster
With the Supreme Court ruling that distributed 'second generation' P2P networks can be liable for inducement, the stage was set for new types of protocols and standards for Grokster's 1+ million users to adopt. BitTorrent's fully decentralized nature, already widespread use, and ease of adoption (both by content providers and users) made it a safe harbor for those looking to download copyrighted content.
The diaspora away from centralized networks like Napster early in the decade, and again from semi-decentralized protocols like FastTrack, represents an evolution in the landscape of P2P file sharing. Users inherently favor protocols that are widely distributed and decentralized, since these protocols help increase anonymity, aid the ease of distribution, and attract widespread amounts of content.
Those looking for a legal alternative would eventually turn to services like iTunes Music Store and Amazon Music. These services offer high quality digital music for charge, and have content-locking protection called DRM to prevent the files from being shared over a P2P network. Such services eventually became very popular - by January of 2009, the iTunes music store had sold over 6 billion songs, making the service the world's largest legal music retailer. Also early in 2009, the iTunes music store announced the removal of DRM from their entire music catalogue.
Public opinion of file-sharing
Since the Napster-era of file sharing, public opinion has been widely divided over the merits of sharing copyrighted content over a P2P network or protocol. Opponents argue that sharing material without holding the copyright is illegal and akin to stealing, while proponents of P2P file sharing argue that anything offered in unlimited supply can't be stolen. Still others argue that, legal or not, freely available content is just too tempting to pass up. The jury is still out as to whether file sharing has affected music industry sales (see the sources section for differences in opinion).
A poll taken in 2005 prior to the Supreme Court ruling of the Grokster case asked an American audience to classify their beliefs on file sharing. The poll found that 45% of those asked felt that file sharing should be illegal, while 39% thought it should be legal, with another 16% unsure. The numbers were skewed when broken down by certain classifications like age and amount of internet use:
Support for allowing file sharing services was much higher than average among:
- Younger Internet users aged 12-29 (54% allow, 34% outlaw)
- Those who own MP3 players (55% vs. 35%)
- Broadband users (48% vs. 38%)
- Those who downloaded music – free or paid – sometime in the past (63% vs. 27%)
- Those in the North East (43% vs. 33%).
Support in other countries shows a difference of opinion. A similar poll of young voters (18-21) in Sweden showed that 75% of those polled agreed with the statement: "I think it is OK to download files from the Net, even if it is illegal."
While opinion is split over the ethical qualms of file sharing, the actual file sharing numbers suggest differently. Another poll in 2006 found that 32 million Americans over the age of 12 have downloaded at least one feature length movie, 80% of which did so using a P2P network. A February 2008 poll by the LA Times blog found that 64% of those polled used file sharing methods to download content 'on a regular basis'. In the same poll, only 4% felt concerned that they were going to be sued. This is despite the fact that since 2003, the RIAA has sued thousands of students for sharing copyrighted material.
Sources
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