Slashdot Mirror

wiedzmin writes "A recently publicized issue with UK's O2 leaking private MMS to the Internet by making them available and searchable in Google has gained a lot of momentum and forced the company to promptly fix the problem. However a quick internet search shows that other mobile server providers, including those located in US and Canada, also make all MMS messages available in a similar manner. In fact, operators like Sprint and Boost Mobile will even let you see the phone number from which the picture or video was sent, download it, print it, forward it or reply to it from the same web page. Other operators like Canada's Bell, Solo Mobile, Verizon, Rogers and Quest appear to have removed or otherwise protected all MMS messages recently as all the cached search listings that show up for these providers are no longer available. There is no telling how many other operators' MMS listings can be accessed given correct search terms, but it looks like they are starting to get the idea and remove them from the web."

wiedzmin writes "A recently publicized issue with UK's O2 leaking private MMS to the Internet by making them available and searchable in Google has gained a lot of momentum and forced the company to promptly fix the problem. However a quick internet search shows that other mobile server providers, including those located in US and Canada, also make all MMS messages available in a similar manner. In fact, operators like Sprint and Boost Mobile will even let you see the phone number from which the picture or video was sent, download it, print it, forward it or reply to it from the same web page. Other operators like Canada's Bell, Solo Mobile, Verizon, Rogers and Quest appear to have removed or otherwise protected all MMS messages recently as all the cached search listings that show up for these providers are no longer available. There is no telling how many other operators' MMS listings can be accessed given correct search terms, but it looks like they are starting to get the idea and remove them from the web."

wiedzmin writes "A recently publicized issue with UK's O2 leaking private MMS to the Internet by making them available and searchable in Google has gained a lot of momentum and forced the company to promptly fix the problem. However a quick internet search shows that other mobile server providers, including those located in US and Canada, also make all MMS messages available in a similar manner. In fact, operators like Sprint and Boost Mobile will even let you see the phone number from which the picture or video was sent, download it, print it, forward it or reply to it from the same web page. Other operators like Canada's Bell, Solo Mobile, Verizon, Rogers and Quest appear to have removed or otherwise protected all MMS messages recently as all the cached search listings that show up for these providers are no longer available. There is no telling how many other operators' MMS listings can be accessed given correct search terms, but it looks like they are starting to get the idea and remove them from the web."

PainMeds writes "iPhone Atlas is reporting that the first jailbreak for the iPhone 3G has been released, and includes the popular Cydia community installer for distributing free games and applications. Since Apple's SDK was released, web sites have criticized Apple for the restrictions placed on both what developers could write and what APIs they were allowed to use. Others have noted the SDK's incompatibility with the GPL. The Cydia installer has provided a distribution channel for both open source software and software that would otherwise be impossible to build using the restricted SDK. A few applications are already out, including MobileTerminal and NES.app, a Nintendo game console emulator. In just over a week, open development is finally here for the iPhone 3G!"

stoolpigeon writes with this snippet from an AFP story carried by Google: "Nintendo said Thursday that its globally popular Wii has become the top-selling video game console in the United States, a crown coveted by rivals Microsoft and Sony. Market-tracking firm NPD Group reports that 666,000 Wii consoles were sold in the United States in June, raising the total sales count in the country to nearly 10.9 million units." I'd rather play board games than video games, but the Wii Fit makes one of these tempting anyhow.

GBC writes "AFP is reporting that, as of a week ago, the number of creatures in the "Spore" database exceeded the number of known species on Earth. They are created using 'Creature Creator,' which is available in a free (with limited parts) or paid download at the Spore website. Will Wright seems extremely happy with the progress so far: 'We hit 100K in 22 hours and a million by the end of the first week. The numbers are just blowing us away.'"

Anomalyst writes "In his quest to create an open source video camera, Andrey Filippov of elphel.com has determined that most Compact Flash devices, although claiming to be DMA capable, do not perform Direct Memory Access transfers correctly. This means successful movement of data to and from the device takes much more time with DMA disabled." The culprit appears to be the controller chip packaged with most of the CF cards Filippov tried. We last visited Elphel and their work on open source digital cameras in 2002. Filippov gave a Tech Talk at Google last year.

Dan Berlin writes "After announcing that Browser Sync was being discontinued, a lot of people asked for Google to open source the code so development could continue. Well, they've done just that. The code for browser sync is now available on code.google.com, and a blog post about the release can be found on the Google open source blog"

Dan Berlin writes "After announcing that Browser Sync was being discontinued, a lot of people asked for Google to open source the code so development could continue. Well, they've done just that. The code for browser sync is now available on code.google.com, and a blog post about the release can be found on the Google open source blog"

mikesd81 recommends an AP piece covering a lot of examples of the ways free speech and other rights don't exist on the private Web. One case featured was that of Dutch photographer Maarten Dors, who had this picture deleted by flickr. Without prior notice, Yahoo deleted the photo on grounds it violated an unwritten ban on depicting children smoking. While Dors eventually got the photo restored, after the second time it was deleted, the case highlights the consequence of having online commons controlled by private corporations. "Rules aren't always clear, enforcement is inconsistent, and users can find content removed or accounts terminated without a hearing. Appeals are solely at the service provider's discretion. Users get caught in the crossfire as hundreds of individual service representatives apply their own interpretations of corporate policies, sometimes imposing personal agendas or misreading guidelines. First Amendment protections generally do not extend to private property in the physical world, allowing a shopping mall to legally kick out a customer wearing a T-shirt with a picture of a smoking child." Reason.com has some more analysis on the issues brought up by the AP story.

A number of readers have noted Google's open sourcing of their internal data interchange format, called Protocol Buffers (here's the code and the doc). Google elevator statement for Protocol Buffers is "a language-neutral, platform-neutral, extensible way of serializing structured data for use in communications protocols, data storage, and more." It's the way data is formatted to move around inside of Google. Betanews spotlights some of Protocol Buffers' contrasts with XML and IDL, with which it is most comparable. Google's blogger claims, "And, yes, it is very fast — at least an order of magnitude faster than XML."

A number of readers have noted Google's open sourcing of their internal data interchange format, called Protocol Buffers (here's the code and the doc). Google elevator statement for Protocol Buffers is "a language-neutral, platform-neutral, extensible way of serializing structured data for use in communications protocols, data storage, and more." It's the way data is formatted to move around inside of Google. Betanews spotlights some of Protocol Buffers' contrasts with XML and IDL, with which it is most comparable. Google's blogger claims, "And, yes, it is very fast — at least an order of magnitude faster than XML."

The Associated Press reports that Max P. Sanders, 19, is charged with a felony for attempting to auction off his vote on eBay for the upcoming presidential election. From the article: '"Fundamentally, we believe it is wrong to sell your vote," said John Aiken, a spokesman for the office. "There are people that have died for this country for our right to vote, and to take something that lightly, to say, 'I can be bought... It's a real shame"' Yes, that is a terrible shame, isn't it. Perhaps we should arrest, prosecute, and imprison everyone who sells their vote. The boy says it was all a joke, but prosecutors aren't laughing. Max faces up to 5 years in prison and $10,000 in fines if he is convicted.

An anonymous reader writes "The Bavarian Parliament passed a law that allows Bavarian police to place 'Remote Forensic Software' (Google translation) on a suspect's computer as well as on the computers of a suspect's contacts. They may break into houses in secret to install the RFS if a remote installation is not possible; and while they are there a (physical) search is permitted too. The RFS may be used to read, delete, and alter data." The translation says that RFSs may be used in cases of an "urgent threat to the existence or the security of the Federation or a country or physical, life or liberty of a person... Even where there is a reasonable assumptions on concrete preparatory acts for such serious offenses."

CWmike writes "Google has released for free one of its internal tools used for testing the security of Web-based applications. Ratproxy, released under an Apache 2.0 software license, looks for a variety of coding problems in Web applications. A 2006 survey by the Web Application Security Consortium found that 85.57 percent of 31,373 sites were vulnerable to cross-site scripting attacks, 26.38 percent were vulnerable to SQL injection and 15.70 percent had other faults that could lead to data loss."

An anonymous reader writes "The iPhone 3G and Android devices are coming this year, opening the mobile world for rich applications, while sites like Fire Eagle and byNotes are ready to move your blogging habits into the geospatial world. Are we going to watch the next boom when those devices and geospatially enabled sites get combined? Sure, the posibilities this would open are endless, but are users going to embrace these services?" I don't see how it can't change the world ... it has 'Micro' and 'Blog' in the name, and I'll always know where I was when I twittered to tell everyone I was in the john.

AySz88 writes "Google has made an official announcement of their decision to discontinue Google Browser Sync. But it comes with a brighter side — its source code is now open and available."

AySz88 writes "Google has made an official announcement of their decision to discontinue Google Browser Sync. But it comes with a brighter side — its source code is now open and available."

circletimessquare writes "Google Trends is being used in a novel way in a pornography trial in Florida. Under a 1973 Supreme Court ruling, 'contemporary community standards' may be used as a yardstick for judging material as unprotected obscenity. This is a very subjective judgment, and so Lawrence Walters, a defense lawyer for Clinton Raymond McCowen, is using Google Trends to show that, in the privacy of their own homes, more people in Pensacola (the only city in the court's jurisdiction that is large enough to be singled out in the service's data) are interested in 'orgy' than "apple pie'."

zyzko writes "Nokia has placed an offer on Symbian stock — it currently owns a 48% share and intends to buy the other shareholders out, 91% of the stockholders have already agreed. The press has already labeled this as an countermeasure to fight Android. Nokia has also created Symbian foundation — it might mean more open Symbian." Symbian is "currently the world's dominant smartphone operating system (206 million phones shipped, 18.5 million in Q1 2008)," writes reader thaig, who points out coverage in the Economic Times. If this deal goes through as expected, the Foundation says that selected components of the Symbian operating system would be made available as open source at launch under the Eclipse Public License (EPL) 1.0 , with the rest of the platform following over the next two years.

im_thatoneguy sends in an account up at Shacknews about Atari's actions to get early reviews of its upcoming game Alone In the Dark pulled from Web sites in Europe. Atari sued the German site 4Players, alleging piracy, and also cancelled an advertising deal on the site, after a pre-release review gave the game only 68%. 4Players posted a commentary (translation) alleging that Atari is doing this bcause the review is unfavorable. Shacknews reports that Atari has also demanded that both Gamer.no and GameReactor remove early reviews — both reviews gave the game a score of 3/10. Kotaku editorializes: "[Does Atari] fear that, because these outlets may have received copies of the game 'early' (i.e. from pirated copies), that they're somehow reviewing incomplete code, which could affect their opinion of the game? Maybe. Pessimists could, however, be forgiven for thinking it's a convenient excuse for Atari to attack negative reviews of the only game they're releasing in 2008 that has any chance of making them some money."

Stony Stevenson writes "Web traffic volumes will almost double every two years from 2007 to 2012, driven by video and web 2.0 applications, according to a report from Cisco Systems. Cisco's Visual Networking Index (PDF) predicts that visual networking will account for 90 percent of the traffic coursing through the world's IP networks by 2012. The upward trend is not only driven by consumer demand for YouTube clips and IPTV, according to the report, as business use of video conferencing will grow at 35 percent CAGR over the same period." I left the apostrophes around the word "double" in the title because the linked site has them, but for the life of me I can't figure out why.

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

Slashdot contributor Bennett Haselton has written in with a tale of media rippers and corporate giants "In 2001 RealNetworks sued and blocked Streambox from distributing the Ripper, a program that let users rip and save RealAudio and RealVideo streams even if the stream contained a proprietary "do not copy" flag. Then one year ago this month, RealNetworks caused a stir by releasing a beta of RealPlayer 11 that similarly let the user record and save streams from sites like YouTube and Pandora. YouTube rippers and the like had existed before, but this was the first time a major company had included a stream ripper in its media player. And while RealPlayer 11 didn't explicitly ignore any copy protection flags, the release still provoked legal rumblings: in a Variety article by Scott Kirsner, an anonymous network exec said accused RealNetworks of 'aiding and abetting piracy' and said that they would 'more likely than not' take action against RealNetworks. But now that the feature has stayed in RealPlayer for a year, its real impact will be not on piracy but on the perceived legitimacy of ripping programs. The corporate behemoth, raked over the coals in the past for privacy violations and nuisance-ware, strikes a blow for free-culture hackers." The rest of Bennett's essay is available by following that magical link right below these words.

First, the reasons I don't think that RealPlayer has much effect on actual piracy. Yes, if a pirate has uploaded your favorite song to YouTube, you can save a copy of the video file to hear the song over and over, but you can do the same thing on YouTube itself as long as you're connected to the Internet. The anonymous network exec in the Variety article points out that RealPlayer "allows you to own [content] forever on your hard drive, even if the Web site that distributed that content illegally has taken it down in because we've complained." But regardless of what complaints they've been sending, almost all popular songs are currently available for listening on YouTube so that anyone with a Net connection can get them on demand, and that's a separate issue, with or without RealPlayer.

So then it becomes a question of whether RealPlayer enables the user to do more interesting things with the song or video, like take it with them on an iPod. RealPlayer only lets you save YouTube videos as an FLV file. But as long as doing things like playing an FLV file on an iPod requires an outside hack, that option is only available to people who are resourceful enough to go out and find tools like that (admittedly not a very high bar, but too hard for many people). So, suppose you define a "resourceful" person as someone smart enough to figure out how to convert an FLV file into an iPod-viewable format. Then there are two possibilities: (a) either a person is not that "resourceful", in which case if they want content to take with them, they'll still have to get it through legitimate channels like the iTunes store, or (b) if the person is "resourceful", they would have known about tools for ripping YouTube videos to MP3, long before RealPlayer 11 came out (in fact, most sites that come up in a search for "flv to mp3 converter" are just rippers specifically for YouTube). In either case, RealPlayer's ability to save FLV files has no impact on the market for the song.

I haven't talked about some outlier cases where RealPlayer could perhaps help a novice user avoid paying for content (if a novice pirate didn't know enough to download a movie from a BitTorrent network, they could perhaps save up enough interesting videos from YouTube for a long plane ride where they won't have Internet access). But there's an easy way to get a verdict on RealPlayer's impact on piracy: How much have you heard teenagers talking about it? You heard teens through the years buzzing about Napster, KaZaA, and BitTorrent, but... RealPlayer? The cliche among teenagers today is to go "find something on YouTube", but "and then grab it with RealPlayer" has yet to prove useful enough to enter the vernacular.

Similarly, RealPlayer can be used to rip streams from Pandora, but it's just hard enough to do it that most people are likely to give up. Before going into details, I should say that I'm against anyone trying to circumvent paying for music. Most of the time when you read that on the Web, it carries this nudge-wink subtext right before the author launches into a detailed description about how, exactly, to circumvent paying for music. But I really do believe that there is a vast untapped potential of unwritten good music out there, and that it could be tapped if there were only lower barriers of entry for musicians, better channels to distribute music to users, and a guarantee that users would pay instead of stealing it -- all of which is helped by services like Pandora. On the other hand, I also believe that if a copying scheme can be circumvented, and especially if it can be circumvented in a way that's fairly easy to discover, there's no point in keeping it secret: We might as well push things forward by acknowledging that the scheme is beatable, and deciding what to do about it.

The outing commences: if you save a stream from Pandora, RealPlayer will give you an error if you try to play the stream back from your RealPlayer library. But if you find the "mp4" file in your RealPlayer downloads, you can play it in WinAmp. However, the file as saved will not play in Windows Media Player, iTunes, or RealPlayer itself. Plus, since Pandora does not let you pick which song you want to listen to on demand, your stream might contain all the songs that you had to skip past to get the one you wanted, and you'd have to find a utility to edit the mp4 file to get rid of that cruft at the beginnig. At some point, the effort probably exceeds the dollar you'd have to pay to get the song on iTunes (or, if you're a pirate, the effort to find it on a p2p network).

Again, the "teenager buzz test" is instructive. You do hear kids these days talking about listening to songs on Pandora, but not about ripping them with RealPlayer.

Where I think RealPlayer will make the most difference in the long run is in its political and legal impact, by legitimizing stream-ripping as something that "real" companies, so to speak, are allowed to do. In 2006, Google sent a cease-and-desist letter to TechCrunch for hosting a tool that lets users save YouTube videos to their hard drives. Michael Arrington of TechCrunch blogged at the time, "I am likely to remove the tool to preserve my relationship with the company [Google/YouTube]", but the tool is still up, and I don't know whether it was ever taken down at all (TechCrunch did not respond to an inquiry). Today, there are more YouTube rippers than ever, several of them even running AdSense ads. (I'm not sure if that's within Google's rules, but I mentioned those sites while e-mailing back and forth with Google for this article, and they're all still running AdSense ads a week later.) Certainly Google would look pretty silly trying to force TechCrunch to take their ripper down today, now that Google itself is distributing RealPlayer as part of the Google Pack.

RealNetworks could argue that the main difference between RealPlayer 11, and the Streambox Ripper that they sued to have outlawed in 2001, was that the Streambox Ripper ignored the "do not copy" flag present in some RealAudio and RealVideo streams, and thus violated the Digital Millenium Copyright Act. RealNetworks says the do-not-copy flag is no longer used, having been supplanted by more sophisticated Digital Rights Management, and RealPlayer 11 will honor any DRM-protected streams and refuse to save them. But how much difference is there between "ignoring" the do-not-copy flag and "ignoring" the Terms of Service for sites like YouTube (which the program may not be aware of, but which its makers certainly are)?

We've all heard about the First Amendment implications of DeCSS code, the code for decrypting the copy-protection scheme on DVDs, being outlawed in the U.S. But the Streambox case set the bar for "violating the DMCA" considerably lower -- the Streambox Ripper didn't actively decrypt anything, it just ignored a flag set in the streaming media. What are the implications if "ignoring" a flag counts as "breaking" copy protection? Suppose Behemoth Corp releases Version 1 of some media format, and I release a third-party player that plays Version 1. Then Behemoth Corp releases the specs for Version 2 of the format, which is similar enough that it works in Version 1 players, except Version 2 now contains a "do-not-copy" flag, which my player doesn't know about. Is my player now illegal? (Well, in this case Behemoth Corp would just make sure that Version 2 doesn't play in Version 1 players. But what about general-purpose programs like Total Recorder that can record any sound playing through your computer to an MP3 file? Does that program become illegal if a company releases a new sound file format that they don't want to be copyable?) So I think the acceptance of RealPlayer has nudged us closer to legal acceptance of software that can interact with third-party sites and programs in a way that their makers don't like. That's good. It should not be against the law to make a program that interacts with third-party web sites in a way that they haven't given permission for, something I literally grew up saying.

It's brave of Google especially to be distributing RealPlayer along with the Google Pack, at the same time that YouTube is constantly attacked for enabling copyright violations. A content owner mounting a lawsuit against Google, would be foolish not to say something like, "Your Honor, not only does YouTube host thousands of videos violating the intellectual property rights of my clients, they even distribute a tool called RealPlayer that lets people violate YouTube's own Terms of Service by saving the videos to their hard drive!" Logically, of course, it's a weak argument -- RealPlayer is universally available whether Google distributes it or not -- but rhetorically the argument is golden.

On the other hand, since that hasn't happened, and RealPlayer 11 is pretty well entrenched after being out for a year, the result has probably been an expansion of our rights. Anyone else who got sued or threatened for releasing a ripping program would be able to point to RealNetworks. "Look at them, Your Honor, their Web site even tells people, 'Grab videos from thousands of Web sites with just one click', something that those 'thousands of Web sites' would probably not be thrilled with. If it's legal for RealNetworks to tell people that, how can it be illegal for me just to have a ripping program on my site?"

If a small-time programmer had made themselves a legal test case before RealPlayer 11 came out, things might have gone differently; it is an unfortunate truth that courts are probably more likely to consider something legal when it is done by a large and legitimate-looking company like RealNetworks. Big companies do well in court partly because their lawyers are paid to make good arguments, but they almost certainly also get more benefit of the doubt just by virtue of being big companies. I think the time is long overdue for using controlled experiments to measure the bias and objectivity of judges -- for example, having different actors, one white and one black, go into different courtrooms for "mock trials" (which the judges think are real), where both actors are standing trial for exactly identical crimes and their lawyers say exactly identical things, and repeat this experiment enough times to see how differently black and white defendants are treated. (We already see this, for example, in the disparity of sentences for powder cocaine vs. crack, but skeptics may have a point when they say that's not a controlled experiment, because the effects of crack and cocaine are different.) Similarly, have mock trials where a small-time "activist" and a large company are sued for doing exactly the same thing. I would bet that the disparity in the outcomes of those cases would far exceed any bias due to race or gender.

But since it was RealNetworks, with their lawyers and their NASDAQ listing and their former exec in the U.S. Senate, that brought ripping to the masses, that probably makes it OK for you and me. It's not fair, but in this case, it's a good thing.

michaelrash writes "The Google Trends project provides some visibility into how popular search terms like 'Myspace' or '2008 Election' change over time and points out relevant news articles that create jumps in search volume. This is a handy tool, but there are many search terms that Google Trends does not display any results for. Such terms (such as 'Linux Firewalls' — with the quotes) have insufficient search volumes to display graphs according to the error message that Google Trends generates. Fair enough. Google sets an internal threshold on search volume, and this threshold could be set for reasons that range anywhere from Google Trends is still experimental to Google not wanting to provide data on how it builds its massive search index for emerging search terms. Either way, I would like a way to see search term trends that Google doesn't currently make available to me. So, I've released an open source project called 'Gootrude' to do just this. For the past year Gootrude has collected a set of low-volume search terms and interfaced with Gnuplot to visualize them."

Btarlinian writes "GLAST (the Gamma-ray Large Area Space Telescope) was launched Wednesday at 1605 GMT. GLAST was built in a rather interesting manner, in that much of the work was funded by the Department of Energy. In fact, the main instrument on GLAST, the Large Area Telescope was assembled at the Stanford Linear Accelerator Center. It can detect gamma rays at energies between 20 MeV and 300 GeV. Researchers will use GLAST to study some of the most massive and energetic objects known to science."

vsync64 writes "Last night, Congressman Dennis Kucinich (D-OH) spent 4 hours reading into the Congressional Record 35 articles of impeachment against George W. Bush. Interestingly, those articles (63-page PDF via Coral CDN) include not just complaints about signing statements and the war in Iraq, but also charges that the President "Sp[ied] on American Citizens, Without a Court-Ordered Warrant, in Violation of the Law and the Fourth Amendment,' 'Direct[ed] Telecommunications Companies to Create an Illegal and Unconstitutional Database of the Private Telephone Numbers and Emails of American Citizens,' and 'Tamper[ed] with Free and Fair Elections.' These are issues near and dear to the hearts of many here, so it's worth discussing. What little mainstream media coverage there is tends to be brief (USA Today, CBS News, UPI, AP, Reuters)." The (Democratic) House leadership has said that the idea of impeachment is "off the table." The Judiciary Committee has not acted on articles of impeachment against Vice President Cheney introduced by Kucinich a year ago.

fondacio writes "In a speech that is being reported as taking a swipe at Microsoft, EU Competition Commissioner Neelie Kroes has called for businesses and governments to use software based on open standards. While not mentioning Microsoft by name, Ms. Kroes referred to the fact that '[t]he [European] Commission has never before had to issue two periodic penalty payments in a competition case' until this befell Microsoft. The things she told a conference in Brussels will not come as a surprise to Slashdot readers, but it's encouraging to hear the following quotes from someone in her position: 'Where interoperability information is protected as a trade secret, there may be a lot of truth in the saying that the information is valuable because it is secret, rather than being secret because it is valuable... we should only standardize when there are demonstrable benefits, and we should not rush to standardize on a particular technology too early... I fail to see the interest of customers in including proprietary technology in standards when there are no clear and demonstrable benefits over non-proprietary alternatives.'"

Aire Libre and other readers noted a unanimous Supreme Court decision that denied LG Electronics's attempt to evade the first-sale doctrine by use of "business method" patents. LG licensed patents to Intel, then attempted to dictate what use Intel's customers could make of the Intel products incorporating LG patents. The decision (PDF) notes how easily patents can be written up as "business methods" to nullify the first-sale doctrine ("exhaustion") and to give the patent owner perpetual control downstream. Aire Libre adds, "That reasoning bodes well for copyright freedom as well, in light of the growing number of copyright holders who seek to nullify the Copyright Act's limitation on the distribution right by claiming the goods are 'licensed, not sold,' or subject to some restrictive EULA."

mjasay sends us a link to a CNet story, which begins: "In the '20 percent time' that Google employees have to work on projects of personal interest, it turns out that an increasing number are spending time writing open-source projects for their Macs. Google has long had a fondness for the Mac, with upwards of 6,000 of its 20,000 current employees opting to use the Mac over Windows. It is in the 20 percent employee development time, however, where this statistic becomes interesting. At Google, development time translates into products. The more Mac-friendly employees, the more Mac-related development. The more Mac-related development, the more Google-sponsored Mac-based open-source code. As Google's Mac Developer Playground demonstrates, some of this code is quite interesting."

Balinares writes "As another sign of Google's growing interest in the Linux desktop, according to a Google developer, the Linux implementation of Google Gadgets will be able to run natively as KDE Plasmoids. After Mac OS X Dashboard widgets, this is the second major widget library to be supported in KDE Plasma."

mstrom writes "Google announced it has ported its Google Desktop Gadgets platform to Linux, making it the first cross-platform [desktop] gadgets framework. In a sign that Google is fully embracing the open source model, it admits the product is not feature-complete and has opened up the code base hosted on Google Code 'to give everyone a chance to tinker with the code powering the gadgets.' According to Google: "Gadget support is not just a single feature, but rather an entire platform for miniature applications.'"

We're catching up on two stories of municipal engagement with open source software: Munich (which decided to go OS in 2003) and Vienna (2005). E5Rebel brings us news that Munich has stayed the course. But bkingaut informs that Vienna has decided to migrate back to Windows (Google translation) — to Vista no less. The migration of 720 computers used in kindergartens will cost the city about €8M. The given reason for all this is a language test application for the kids that only works with MS IE and won't be made compatible (by the producer) with Firefox until 2009.

JavaScript is everywhere these days. Now WebKit, the framework behind (among others) Safari and Safari Mobile, as well as the yet-unreleased Android, is getting a new JavaScript engine called Squirrelfish, which the developers claim provides massive speedups over the previous one. The current iteration of the engine is "just the beginning," they claim; in the near future, six planned optimizations should bring even greater speed. With JavaScript surviving as a Web-page mainstay despite many early gripes, and now integral to some low-powered mobile devices, this may mean many fewer wasted seconds in the world.

As rumored a couple of months back, Time Warner is starting a trial of metered Internet access. "On Thursday, new Time Warner Cable Internet subscribers in Beaumont, Texas, will have monthly allowances for the amount of data they upload and download. Those who go over will be charged $1 per gigabyte... [T]iers will range from $29.95 a month for... 768 kilobits per second and a 5-gigabyte monthly cap to $54.90 per month for... 15 megabits per second and a 40-gigabyte cap. Those prices cover the Internet portion of subscription bundles that include video or phone services. Both downloads and uploads will count toward the monthly cap."

Apro+im writes "Today, Google announced that Google Finance will report real-time prices on NASDAQ-listed securities. While real-time stock quotes are not new, they have long encumbered with subscriptions, legal agreements, or pay software. This may be the first free source for real-time quotes."

OMNIpotusCOM writes "Tickets to the Olympic opening and closing ceremonies will contain a microchip with information about the ticket holder, including a photograph, passport details, addresses, e-mail, and telephone numbers. The stated intent is to keep troublemakers out of the 91,000-seat National Stadium so that they cannot cause disruptions while China is on world-wide television, but it brings up serious concerns for privacy and identity theft."

pln2bz writes "Eric Lerner, author of The Big Bang Never Happened, has received $600k in funding, and a promise of phased payments of $10 million if scientific feasibility can be demonstrated to productize Lerner's focus fusion energy production device. Unlike the Tokamak, focus fusion does not require the plasma to be stable, does not produce significant amounts of dangerous radiation, directly injects electrons into the power grid without the need for turbines and would only cost around $300k to manufacture a generator. Lerner's inspiration for the technology is based upon an interpretation for astrophysical Herbig-Haro jets that agrees with the Electric Universe explanation."

Thomas Nybergh writes "Due to an appeal court decision from a couple of days back, breaking the not-very-effective CSS copy protection used on most commercial DVD-Video discs is now a criminal act in Finland (robo translated). The verdict is contrary to what a district court thought of the same case last year when two local electronic rights activists were declared not guilty after having framed themselves by spreading information on how to break CSS. Back then, it was to the activists' benefit has CSS been badly broken and inneffective ever since DeCSS came out."

AFP has a good summary of the pre-touchdown jitters the Phoenix Mars Lander crew is living through. The spacecraft has been under way for 10 months. If the landing goes according to plan — and only about half of the three dozen such attempts have — mission controllers at the University of Arizona will receive radio signals from the Martian surface at 23:53 GMT. Here's the Mars mission home. You can (in theory) track the lander here, but at the moment the JPL Solar System Simulator is "experiencing technical difficulties."

An anonymous reader writes "The Canadian Internet Registration Authority, which manages the dot-ca domain, plans to change its WHOIS policy to better protect domain name registrants. Quoting the Canadian Press: '[Law Professor Michael] Geist said the changes have raised the ire of law enforcement and intellectual property lawyers, who have used the Whois search to track down sexual predators and copyright violators.' Despite this, the organization seems committed to following through with the reforms." Geist also gave a talk recently about digital advocacy; the effectiveness of using modern technology to raise concerns and share ideas about issues such as privacy and copyright law.

An anonymous reader writes "The italian economic journal 'Il sole 24 ore' published an article about a successful cold fusion experiment performed by Yoshiaki Arata in Japan. They seems to have pumped high pressure deutherium gas in a nanometric matrix of palladium and zyrcon oxide. The experiments generates a considerable amount of energy and they found the presence of Helium-4 in the matrix (as sign of the fusion). I was not able to find other articles about this but the journal is very authoritative in Italy. Google translations are also available."

An anonymous reader writes "The italian economic journal 'Il sole 24 ore' published an article about a successful cold fusion experiment performed by Yoshiaki Arata in Japan. They seems to have pumped high pressure deutherium gas in a nanometric matrix of palladium and zyrcon oxide. The experiments generates a considerable amount of energy and they found the presence of Helium-4 in the matrix (as sign of the fusion). I was not able to find other articles about this but the journal is very authoritative in Italy. Google translations are also available."

An anonymous reader writes with a link to "an offline Wikipedia viewer for the iRex Iliad e-ink e-book reader (similar to Amazon's Kindle). Take it anywhere — and you don't need to be connected to the Internet in any way!" (You'll need a 4GB flash card and the ability to follow the directions.)

Several readers noted that the limited pilot test of Google Health has ended, and Google is now offering the service to the public at large. Google Health allows patients to enter health information, such as conditions and prescriptions, find related medical information, and share information with their health care providers (at the patient's request). Information may be entered manually or imported from partnered health care providers. The service is offered free of charge, and Google won't be including advertising. The WSJ and the NYTimes provide details about Google's numerous health partners.

CWRUisTakingMyMoney writes in to let us know about a US Appeals Court ruling declaring that paper money discriminates against blind people who must rely on others to tell them what denomination of money they have. "A US federal appeals court on Tuesday ruled that the country's one-sized paper money discriminates against the blind and told the government to change the currency's size and texture. The court upheld a previous ruling in November 2006... [that] had ordered the Treasury Department to find a way to accommodate the more than three million visually-impaired Americans who have trouble distinguishing the different US denominations which are all the same size and color... 'A large majority of other currency systems have accommodated the visually impaired, and the [Treasury] secretary does not explain why US currency should be any different,' the court said in its ruling."

thefickler writes "The Chinese Government has issued orders that all entertainment web sites and regular television programming be shut down completely for the next 3 days. Only web sites covering the recent tragic 7.8 magnitude earthquake and television stations broadcasting CCTV earthquake programming will be allowed to remain live." Can anyone with Web access in China confirm this report? From an AP story on the state of communications in the country right now, it appears at least that China is (despite ongoing monitoring) allowing freer than usual communications in the wake of the quake.