Ah wait: “7. My examination of Hotfile was not an exhaustive review of the files on Hotfile, nor does it purport to be a representative statistical sample of the uses of Hotfile as a whole.” and “5. My primary task was to explore some examples of the non-infringing use of the Hotfile system. Defendants counsel asked me to study the use of the Hotfile service to store and to distribute or download the types of material described above, that is to say, material which can be licitly copied and distributed.”. For more information about the methodology (which discarded material that was not clearly in the licitly sharable category), see Exhibit 1, pages 1 and 2: http://www.scribd.com/doc/88944463/88927396-Boyle-Hotfile
TorrentFreak has obtained a confidential report where Duke University Law Professor James Boyle presents some revealing facts about the non-infringing use of Hotfile. The document was filed under seal last month and reveals that sharing of non-infringing content is widespread on the cyberlocker.
While the Professor does not assess what percentage of content on Hotfile is infringing, he does note that the two most downloaded files on the site are Open Source software. With 885,583 and 629,783 downloads respectively, the Open Source applications iREB and Sn0wbreeze were most shared, something Boyle believes the court should take into consideration.
“The fact that it is highly likely that the two most commonly downloaded files on Hotfile are open source programs that seem to be licitly shared appears relevant to any assessment the court might make about the current usage of the system,” the Professor writes in his report.