I don't think the war is over just yet. Right now it's only about busting uploaders but who's to say that down the road it won't be downloaders as well as just the realization that some clients are used strictly for transferring copyright material. If the entertainment industry is in dire enough financial straits I think any traffic will just be blocked and no encrypted client will be spared. No need to prove or sue, just block it.
NEWS! -- Waste Client can now be Tracked
(11/28/03) Waste, a new P2P client with strong encryption, can now be tracked and blocked regardless of port. The complete list of detectable clients and protocols is given below. If you own a license and know of a protocol or client not on this list, let us know! We can generally get you a new release which detects it within one or two weeks.
• BearShare • iMesh
• BitTorrent • KaZaA
• Blubster • Kazaa Lite
• DC++ • LimeWire
• DirectConnect • Morpheus
• Earthstation 5 • MP2P
• eDonkey • Overnet
• eMule • Piolet
• FastTrack • RockitNet
• Filetopia • Shareaza
• Gnucleus • WinMX
• Gnutella • XoloX
• Grokster • Waste
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NEWS! -- Protocol Dictionary and Packet Library Released
(11/25/03) We have released to the public a portion of our Protocol Dictionary, along with a number of packet samples. This information can help you with firewall configuration to pass or block protocols, building and testing P2P monitoring tools, and can help network admins identify suspicious packets.
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NEWS! -- Active Blocking with Firewall Integration
(11/13/03) The P2P WatchDog system can now communicate with Linux iptables and Cisco PIX(*) firewalls, for active blocking of P2P connections. Instructions are available here. A free evaluation version is available for download.
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NEWS! -- New Encrypted P2P Client is Now Traceable!
(10/27/03) P2P WatchDog has cracked the Earthstation 5 SSL protocol, and found a way to trace the supposedly "untraceable" new P2P client. Note that this does not provide decryption of the SSL stream, or break their encryption scheme, but it does allow for identification of ES5 SSL traffic.
http://www.p2pwatchdog.com/home.html