Using the Kazza peer-to-peer file sharing application, we located a few copies of files that purported to be pirated versions of the film.

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"I am willing to bet Justice Souter had never seen a file-sharing application, " said Tushnet, who is also an expert on cyber-age legal issues.

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Kang pointed out that Genachowski was dealt a setback when a court decision last April supported Comcast's ability to manage a notorious file-sharing application called BitTorrent that was slowing down the system.

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This means the core features would need to be repackaged into light application or built from scratch to be accessible by mobile devices and could lead to multiple issues such as version control, file sharing, interfacing with the legacy application apart from security.

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