I’ve become addicted to BitTorrent, and use it regularly for downloading movies, TV shows, comics, music and software. What are my chances are of getting prosecuted?

This anonymous question provoked a number of comments from BitTorrent users wishing to remain similarly anonymous; they, at least, are aware of its dubious legality. BitTorrent, for those with squeaky-clean internet habits, is an internet protocol that’s particularly suited to sharing hefty files such as videos and CD albums. “I keep telling myself that there are millions of others doing it,” writes one reader, “but I don’t imagine that nothing is being done about it.” He’s right on both counts; it is said that BitTorrent data represents a third of all internet traffic, so he’s certainly not alone. But as we all remember from school, the excuse of “look, everyone else is doing it” doesn’t generally wash with figures of authority.

“Although downloading copyrighted material is a breach of the law,” explains Simon Baggs at media law specialists Wiggin & Co, “uploading is a bigger issue for copyright owners, because it makes that file available to thousands of people.” And those who use BitTorrent are particularly exposed to legal challenges, as they’re all responsible for the distribution process. Once you’ve searched on a BitTorrent website for, say, a Hollywood blockbuster, downloaded the small “torrent” file and launched it, you’re immediately connected to everyone who is downloading the same film. Your collective uploading and downloading power is then harnessed for its distribution. “And what makes BitTorrent so fast,” writes another reader, “is that you can’t choose not to share [or upload] that file.” Its power is recognised by some companies who now use it for legal distribution, but the majority of users download copyrighted material with the mere defence of safety-in-numbers – or maintain, for example, that downloading US TV shows that haven’t been broadcast in the UK yet isn’t illegal. (It is.)

There are two consequences of copyright infringement: one is civil – you can be sued and ordered to pay damages – and then there’s criminal liability for breaking copyright law. How would you be tracked down? Most BitTorrent software displays the IP addresses of fellow filesharers, and some copyright owners have started to monitor these by becoming BitTorrent users themselves. And as another reader comments: “Once they have IP addresses, it’s easy to find out the ISP and obtain a court order revealing names and addresses.” So, what about the initial question: what are the chances of being prosecuted? Simon Baggs: “Each time you do it – just as with shoplifting – you’re taking a calculated risk. The chances are not high, but equally, it could be you.”

Next week’s question is from Sophie Heawood: “Is it morally wrong to use my neighbour’s wireless internet connection? Am I causing any problems for them if I do so? And if I use their network, does that mean they can access files on my computer?”