> "All the monitors observed during the study would connect to file-sharers and verify that they were running the BitTorrent software, but they would not actually collect any of the files being shared," he said.
> "It is questionable whether the monitors observed would actually have evidence of file-sharing that would stand up in court."
However, it’s not really that much more work to verify if that peer is sharing the file in question. Just request/offer few random blocks. There’s no mechanism in place to assign peers in BT network varying degree of trust.