Torrent trackers have become a usual part of the network for the most of network users long ago. So much usual, that even necessary to some degree. That is why the moment these trackers are nearly starting to be pressed by the law-enforcement agencies, all the community of torrent-networks lovers all at once stand ups for them with all forms of indignation and resentment. And it is clear why. The only thing that isn’t so clear is who is right. Whether it is the users who are under the threat of losing such an accustomed and sweetheart freebie or ‘offended by trackers’ actions’ rights possessors and evil public prosecutor's office standing for keeping author's rights and standing by laws. And this question isn’t so easy as even the European legal law can not clarify it from the juridical point of view.

Torrent trackers have become a usual part of the network for the most of network users long ago. So much usual, that even necessary to some degree. That is why the moment these trackers are nearly starting to be pressed by the law-enforcement agencies, all the community of torrent-networks lovers all at once stand ups for them with all forms of indignation and resentment. And it is clear why. The only thing that isn’t so clear is who is right. Whether it is the users who are under the threat of losing such an accustomed and sweetheart freebie or ‘offended by trackers’ actions’ rights possessors and evil public prosecutor's office standing for keeping author's rights and standing by laws. And this question isn’t so easy as even the European legal law can not clarify it from the juridical point of view.
Thing that happened to the best Russian tracker Torrents.ru half a year ago is totally useless to discuss from the legal point of view. Because everything what happened there mysteriously looks a lot like an order and outrageous lawlessness by crying law-enforcement agencies that can not already surprise anyone as I think.
That’s why I offer myself to leave legal aspects alone and think about another thing – whether trackers have a right to exist well from the point of universal norms’ view. I suppose that no one of us, torrent trackers users, ever thought about whether he is doing a right thing downloading another movie or hacked program, whether he is doing any harm by his ‘current download’ via the same uTorrent or maybe he is doing a good thing? Somehow I’m sure no one ever thought about it and it’s clear why. So let’s ask ourselves who torrent trackers may be useful for and how much and who they may do harm to and how big this harm is. The answer to the first question is clear to my mind: a lot of people who download tons of information via their torrent trackers every day need them. But only they do? Let’s think deeper. Are they useless for a huge number of musicians, known or yet unknown writers, poets and other creative people who want to bring the fruits of their work to society? I think it’s not a secret that popular and known authors always upload their works at the same Torrents.ru for example where they are stormy discussed later. And I think many people will agree that this tracker long since finished to be just a place where people exchange files and has become some social and cultural sphere. And this fact maybe justifies it’s existence in some way.
Now let’s think who torrent trackers do harm to and how. First is software developing companies and movie making companies. It is them who take the main damage from the trackers activity upon themselves. At least, they are screaming about it. Well, it’s hard not to agree with them.
Maybe some real big companies indeed didn’t get a couple million dollars to their multimillion banking account. Maybe someone lives thinking that his personal ‘sovereign’ author’s rights are violated. I even agree to concede that someone really had a considerable harm.
So, what’s the conclusion of said above? To take the side of the copyright monsters who sleep and dream about closing The Pirate Bay ‘shady business’? Or join the pirates and enjoy such a sacred and welcomed in Russia freebie?
To my mind, both these variants are extremes. It is better to balance at the golden mean here as everywhere. And this golden mean is to give legal basis to the existence of torrent trackers as they are so generally recognized. And instead of hard and still useless efforts to restrict this phenomenon, they could make this internet democratic network legal. I strongly think it would be better for everyone.
And to doubt about the torrent trackers’ right to exist is the same as to forbid people to share the informational product.