Earlier this week, Grokster and StreamCast filed their main brief with the Supreme Court. The brief’s arguments are mostly predictable (but well argued).
There’s an interesting observation buried in the Factual Background (on pp. 2-3):
What software like respondents’ adds to [a basic file transfer] capability is, at bottom, a mechanism for efficiently finding other computer users who have files a user is seeking….
Software to search for information on line … is itself hardly new. Yahoo, Google, and others enable searching. Those “search engines,” however, focus on the always-on “servers” on the World Wide Web…. The software at issue here extends the reach of searches beyond centralized Web servers to the computers of ordinary users who are on line….
It’s often useful to think of a file sharing system as a search facility married to a file transfer facility. Some systems only try to innovate in one of the two areas; for example, BitTorrent was a major improvement in file transfer but didn’t really have a search facility at all.
Indeed, one wonders why the search and file transfer capabilities aren’t more often separated as a matter of engineering. Why doesn’t someone build a distributed Web searching system that can cope with many unreliable servers? Such a system would let ordinary users find files shared from the machines of other ordinary users, assuming that the users ran little web servers. (Running a small, simple web server can be made easy enough for any user to do.)
On the Web, file transfer and search are separated, and this has been good for users. Files are transferred via a standard protocol, HTTP, but there is vigorous competition between search engines. The same thing could happen in the file sharing world. In the file sharing world, the search engines would presumably be decentralized. But then again, big Web search engines are decentralized in the sense that they consist of very large numbers of machines scattered around the world – they’re physically decentralized but under centralized control.
Why haven’t file sharing systems been built using separate products for search and file transfer? That’s an interesting question to think about. I haven’t figured out the answer yet.
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