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Napster Court Date Set For October 2

DaHat writes: "According to Maximumpc.com the trial of Napster vs the RIAA is set for October 2nd, or at least round 1 of it." And just so we're clear on terms, DaHat points out that the MPC story goes on: "The RIAA has even been so kind as to educate the masses on the different terms used for illegal distribution - From the RIAA Web-site: 1. Pirate recordings are the unauthorized duplication of only the sound of legitimate recordings, as opposed to all the packaging, i.e. the original art, label, title, sequencing, combination of titles etc. 2. Counterfeit recordings are unauthorized recordings of the prerecorded sound as well as the unauthorized duplication of original artwork, label, trademark and packaging. 3. Bootleg recordings (or underground recordings) are the unauthorized recordings of a live concert, or a musical broadcast on radio or television. 4. Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of 'streaming' technologies from the Internet."

216 comments

  1. Work Boycott by geekd · · Score: 4

    Lets have a "work boycott" of the RIAA and the MPAA.

    No geeks take any jobs with any member company of either group.

    If they want to be so hostile to us (sueing Napster, Mp3.com, 2600, etc) then lets not work for them.

    Let's see how well they do as companies when thier tech level stays mid 1990's.

    1. Re:Work Boycott by MalaclypseJr · · Score: 2

      It seems to me that having more geeks at those companies might actually be a benefit, since they could encourage theyr employers to take a more progressive view of the music/film industry. IE, suggest that they have pay per download mp3 files. I think that many people download mp3's not because they don't want to pay for the music, but because it's far more convenient to just download it than to drive down the the store and buy it.

      --
      "And real life has warts and smelly feet" -- Paul Jaquays, id Software
    2. Re:Work Boycott by um...+Lucas · · Score: 2

      Hey... how come i can't download all of your songs from your website? Only "some" of them? And why are they only available in Real G2 format and not mp3 (except they're not actually available as .rm files either, but that's besides the point)? And what's up with copyrights and trademarks on your website? Trademarks and copyrights are just forms of IP that need to be abolished, aren't they? Lastly, I can't even find any of your music on Napster, why's that? Napster doesn't seem to be doing that great of a job to promote new artists, are they? Catch my drift?

      I do see that you've got some songs available from mp3.com, but for all intents and purposes, mp3.com is a label, just like all the others. Except they don't provide cash advances, and they give larger percentages of royalties as a result. In the end, Napsters the leech... which is why the labels have mostly turned their sites towards them...

    3. Re:Work Boycott by eomir · · Score: 2

      While this may work for a short term solution, it would be better to "infiltrate" these companies, and change them from the inside. It seems to me a better thing to convince someone that some way is the right way than to force them to go a way that they don't want to go. If a significant majority of geeks refused to work for these companies, they might back off. However, that is just because they have no other choice. If we can get a geek to work for them and convince them that they can make money without overcharging, extorting artists, et cetera, then I'd say we should do that. I recently read an article which relates to this idea to some degree. It can be found here.

    4. Re:Work Boycott by Anonymous Coward · · Score: 1

      It won't help. The RIAA exists solely to leech money off of every music sale they can. They see digital music as a threat to their business model of selling the same thing again and again and yet making money off of each sale. On the Internet we do not have to buy a song twice -- once in each licensed format -- and instead can control our own property. My.mp3.com is a perfect example of this. I buy a CD -- have "paid" the artist for his/her labor -- and yet the RIAA has sued and blocked me from accessing the music from my Internet-connected computer using mp3.com's service.

    5. Re:Work Boycott by ravi_n · · Score: 5

      People are already "work boycotting" the RIAA members (and I'd guess the MPAA members are next, if it hasn't started already). There was an article in the LA Times about this in July. The gist of the article was that the record labels were finding it impossible to fill technical positions, in part because of the image created by their recent legal battles.

    6. Re:Work Boycott by geekd · · Score: 1

      Because I am a lazy ass and haven't gotten around to changing anything on my site in about a million years.

      you can, as you say, download them all off of mp3.com. here

      I have never claimed that napster was anything more than a cool program I use to get music for free.

      How is mp3.com anything like an RIAA member? Are they suing anyone?

      The GPL is form of copyright, isn't it?

    7. Re:Work Boycott by Lemmy+Caution · · Score: 2
      Please. How many geeks have had any real influence on the business and legal behaviours of their employers? Virtually none: the closest thing to an exception to that might be some of the cases where software companies opened their source, but frankly, I doubt that, as well. There's thousands of geeks working at Apple, but I still can't see most Quicktime clips in Unix.

      There is always a quite-large population of entirely mercenary geeks - in fact, I consider them the rule, not the exception - who will find some way to justify working for virtually any company that pays them well and gives them neat stuff, even if they are in the business of producing land mines and Zyklon B.

    8. Re:Work Boycott by kreyg · · Score: 1


      That does explain why these organizations seem so technically ignorant - they can't hire anybody with a clue.

      Probably can't even hire anyone with enough clue to hire somebody with one. :-)

      Funny that.

      --
      sig fault
    9. Re:Work Boycott by libreazul · · Score: 1

      sounds like bil c.'s china policy to me. the revolution is happening. jump in. hang on.

    10. Re:Work Boycott by Rombuu · · Score: 2

      That would be cool, it should really drive up salaries in the industry :)

      --

      DrLunch.com The site that tells you what's for lunch!
    11. Re:Work Boycott by Maudib · · Score: 1

      You know, if we could just establish a sort of Geek Union, we could really change alot of these policies. Unfortunatly we are all pretty arrogant in the end and I think must of us would be unwilling to join a union due to the associations with lower middle class values.

    12. Re:Work Boycott by Fist+Prost · · Score: 1

      I'd be happy to do it, as a higher-poverty class geek working two helpdesk jobs to eat/pay rent. And there are thousands like me who would also. Here's the problem- I live in a right to work state. It would take minutes to get myself fired talking about unionizing.

      I'd also like to take this opportunity to let the Sysadmin who may be sniffing this packet know what wonderful job they've done with the network (no really!)

      --

      Fist Prost

      "We're talking about a planet of helpdesks."
      -Jaron Lanier
    13. Re:Work Boycott by Rupert · · Score: 2

      If you want to drive up your salary, perhaps you should spend more time working and less time posting on /. ;-P

      --

      --

      --
      E_NOSIG
    14. Re:Work Boycott by Tovar1ch · · Score: 2

      (Imagines walking into a RIAA job interview wearing a DeCSS T-shirt) :D

    15. Re:Work Boycott by Andrewkov · · Score: 1

      That's one of my complaints ... Many of my old tapes are degrading to the point that they are unlistenable. If I bought an album on cassette, why can't I download the MP3 version? I've already paid for the right to listen to this music. I guess they want me to go out and buy the CD.

  2. They changed the terms.... by elomire · · Score: 2

    Hmmm.... Sounds kinda like Animal Farm. Keep changing the terms, then state that they were always that way.

    1. Re:They changed the terms.... by nihilogos · · Score: 1

      I think you mean 1984 :)

      --
      :wq
  3. Arrr, matey, arrr! by The+Man · · Score: 3
    Walk the plank, arrrr! 'Tis a watery grave for ye swabs, arrr!

    What a crock of shit. I hope Napster and the RIAA both burn in hell. Piracy indeed. It's simply a license violation, a civil matter between the violators (not Napster, but the users) and the licensor (not the RIAA, that's for damn sure - usually a label).

    Ban FTP; it can be used to illegally distribute stuff!

    1. Re:Arrr, matey, arrr! by Anonymous Coward · · Score: 2

      Technicallly it may be a 'simple' license violation, but duplicating cds/software/videos has been called piracy in the net culture for years (dating back to the 80s BBSs.) It's nothing new, It's not like just now all of a sudden copying electronic stuff became illegal, it's always been illegal! so has even non electronic stuff like copying audio tapes .. just nobody cared (as much) before. I find it kinda silly that you're becoming nitpicky about specific names now. That's something more suited to the realm of *gasp!* lawyers.

    2. Re:Arrr, matey, arrr! by Anonymous Coward · · Score: 1
      A license violation? When you acquire a CD, you OWN it. There's no stinking license. For that bit 'o misinformation, you scurvy cur, I want you to polish this filthy deck with your tongue until it's clean enough to eat from! And don't let me catch you hanging out with the people who sold you that bill of goods again. We pirates may be a murderous, cut-throat, thieving lot, condemned to forever sail the seas under the flag of the Jolly Roger -- but we can't associate with just ANY scum of the Earth.

      Getting back to port ... it's interesting how the RIAA's definition of "Pirate recordings" includes all Fair Use copies and even all copies that people make of public domain material that was once copyrighted. U. S. copyright laws are clear that Fair Use copies are not an infringement of copyright, so if you, say, use a CD burner to make a compilation of material you own, there's nothing illegal or immoral about it. Yet according to this RIAA definition, that would make you a pirate.

      The bit about how unauthorized recordings of musical broadcasts on radio or television are bootlegs is funny. The Supreme Court ruled in the Betamax case that the timeshifting of a TV broadcast is Fair Use. While they didn't hand down a ruling as to whether taping a broadcast and saving it is Fair Use (because they didn't need to do so in order to decide the case), I have the feeling it would be considered as such.

    3. Re:Arrr, matey, arrr! by BJH · · Score: 1

      Copying, for your own use, copyrighted material that you have obtained legally has never been illegal. They're trying to make free use look like so-called "piracy", which is a total crock.

    4. Re:Arrr, matey, arrr! by barracg8 · · Score: 2

      You make a good point here, but let's play a few more word games. :-)

      I certainly know that if someone talked to me about piracy of CDs, I would think they meant the people who sell dodgy copies on market stalls, not one kid copying a some tracks onto a tape for a friend.

      It may be word games, but piracy involved theft with view to make a profit, and to me piracy of music means copyright theft with a view to making a profit.

      G

    5. Re:Arrr, matey, arrr! by The+Man · · Score: 3
      Copying, for your own use, copyrighted material that you have obtained legally has never been illegal.

      Of course. That's fair use. But don't kid yourself - Napster isn't about copying for one's own use. Unfortunately neither side in this case has the right view - that this is a matter between individual purchasers of recordings and the labels that hold the copyrights on them. Napster, lame and stupid as they are, should not be involved in any way. Nor should the RIAA. Instead of standing up for Napster and shouting nonsense like fair use and information wants to be free, we need to step back and acknowledge that most if not all Napster users are in violation of the law. And then fight to the death for the continuing existence of communication. The RIAA is evil. Napster know full well that their service is used mainly if not exclusively by people violating the law. But none of that is relevant to this case: the RIAA has no business being involved, and the case should be thrown out completely so the proper plaintiffs can bring a case against the proper defendants. Allowing the current trial to proceed at all is a serious blow to the continued existence of communication - it makes transfer media liable for the messages they carry, which I think we've all agreed here numerous times is a bad thing.

      Quick summary: There's no piracy here, because (AFAIK) none of this involved ships. The RIAA has no case, because they hold no relevant copyrights. Napster should not be defendants because they didn't violate any relevant copyrights. The individual labels should sue individuals who violated the relevant copyrights, if they feel that the violations harmed them. Acknowledging the current case as valid at all endangers the existence of all communications media.

  4. Streaming is bad now.... by hansonc · · Score: 2

    If streaming is bad now what happens when the RIAA figures out how to charge us for it will it all of a sudden no longer be illegal despite the fact that the artists will still see little to no money for their hard work?

    1. Re:Streaming is bad now.... by Bilbo · · Score: 1

      Duh... They're not saying that the technology is bad, only the use of it to illegally distribute copyrighted material without the knowledge or consent of the copyright owner. RealPlayer is an obvious example of a use that is perfectly valid, even in their eyes. There are plenty of uses for streaming of non-copyrighted material, or for distribution in ways that fall under "fair use". (Internet Radio broadcasts come to mind.)

      --

      --
      Your Servant, B. Baggins
    2. Re:Streaming is bad now.... by sandidge · · Score: 1
      Well, if things keep going like they are, eventually you'll have to go to your local RIAA Listening Center, enter a soundproof booth (alone and after an intensive full-body cavity search to check for any illegal recording devices), pay for your right to listen to that one song on the CD you bought yesterday, hand said CD over to the approved RIAA "Playback Officer" and have them play your song for you. If you are caught singing or humming any part of the song upon leaving, you will be tried and jailed on the spot.

      Sandidge

  5. Some more definitions... by SagSaw · · Score: 4

    Ripped-Off: An individual forced to pay more for a CD than a casette (even considering any possible differnce in manufacturing cost)

    Harassed: Individuals who excercised their right to the free expression on an idea by linking/posting the DeCSS code

    Bottom-Feeding Scumsukers: Lawers for the recording and motion-picture industries

    --
    Come test your mettle in the world of Alter Aeon!
    1. Re:Some more definitions... by |deity| · · Score: 2

      Pissed off:Anyone that has any intelligence that is watching what the RIAA and MPAA are doing. Customer:Someone willing to give up their *rights* for the *privilage* of viewing the IP of RIAA and MPAA members. Evil:1. Bill Gates 2. Politicians willing to trade peoples rights for enough money to win another term in office. Puppets: Politicians -- see Evil

      --
      Environmentalists are their own worst enemy. ~tricklenews.com
    2. Re:Some more definitions... by GrammarPolice · · Score: 1

      Pathetic: people who won't take responsibility for their own education. Don't you know that no one can ever teach you? Only you can teach yourself. The opportunity is there, even in the American public school system.

      --

      Verily hath their moderation points been wasted upon me.

    3. Re:Some more definitions... by rotor · · Score: 1

      Ripped-Off: An individual forced to pay more for a CD than a casette (even considering any possible differnce in manufacturing cost)

      Well, that's your choice... You can still buy cassettes of any popular recording. The only companies I know of that are only putting out CDs are indie lables.
      Also, there is the higher quality sound and better shelf life you get from CDs that add to the value.

      --
      Addlepated - punk & metal
    4. Re:Some more definitions... by Rombuu · · Score: 2

      Ripped-Off: An individual forced to pay more for a CD than a casette (even considering any possible differnce in manufacturing cost)

      Hmmm... the lifetime of a CD is quite a bit longer than that of a cassette, shouldn't the cost be higher then? Plus you have the whole analog and digital thing going, so you are getting a higher quality recording. That's not worth anything to you?

      Harassed: Individuals who excercised their right to the free expression on an idea by linking/posting the DeCSS code

      I thought this article was about the RIAA not the MPAA.

      Bottom-Feeding Scumsukers: Lawers for the recording and motion-picture industries

      Yeah, I hate it when people try to defend their rights. I hope you feel the same was about companies that get harrassed by the FSF, etc...

      --

      DrLunch.com The site that tells you what's for lunch!
    5. Re:Some more definitions... by mother_superius · · Score: 1
      I'm not sure if a CD lasts longer, but I know tapes cost much more to produce than a CD. CD's are cheap, but the prices are higher than those of cassettes. The record companies not only take all the profit from it (and not giving some back to us with lower prices), but charge higher prices! That is something I call a "ripoff" The same thing happens with DVD's. We don't see a price lowered, although production cost is lower.

      I think sales would go up if cd's cost around $8 and profits would stay the same. I'd still be spending just as much, maybe more on cd's. DVD's should be around $11. I'd buy more of those, too. (or rent, if rental prices went down).

    6. Re:Some more definitions... by Wah · · Score: 2

      Hmmm... the lifetime of a CD is quite a bit longer than that of a cassette, shouldn't the cost be higher then? Plus you have the whole analog and digital thing going, so you are getting a higher quality recording. That's not worth anything to you?

      Do you work for the RIAA? Just wonderin', because you just echoed their arguments on "Why CDs cost so much."

      (short answer : Marketing)

      But you're logic still doesn't hold. Because someone has created a better medium, that's cheaper to produce, it should cost more? By that logic the Internet should be too expensive for anyone to use, especially with your digital point.

      I thought this article was about the RIAA not the MPAA.

      Check the member companies of both, then look at parent companies and the conglomerates that hold them. No doubt both lobbied hard for the DMCA, and both have been shown to be hijakcing citizen's rights.

      Lawyers go both ways, IMHO. A necesssity of an overly complex legal system, and abused by the ultra greedy who hide themselves behind the word capitalism.

      --

      --
      +&x
    7. Re:Some more definitions... by Lord+Kano · · Score: 2

      Bottom-Feeding Scumsukers: Lawyers for the recording and motion-picture industries

      If you're looking for something to blame on lawyers, there are plenty of examples, but this isn't one of them. Blame lawyers for the tobacco lawsuits, blame lawyers for the gun industry lawsuits, blame lawyers for the whole "I'll sue you if you have two cents more than I do" mentality.

      The MPAA and RIAA issues are completely different. Blame corporate greed. These lawyers are just hired guns, they're not the ones who initiated this. The private on the battlefield is not the one whom you blame for the war, it's the government of his country. How do you beat an army? Amass your own ary and outwit the enemy. We need good lawyers on the right side of this. We need good lawyers who can beat the suits at their own game. I once heard a comedian talk about why black people were so interested in the OJ Simpson case. He said that it wasn't because of concern about OJ, it was because it was great to see Johnnie Cochran beat the white lawyers at their own game.

      Remember that, we can win this.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  6. Nothing Condescending About Definitions. by Fake+Bruce+Perens · · Score: 2

    Before you charge somebody with *anything*, you have to clearly define the charges. That's all the RIAA is doing. They are not looking down on people and trying to teach people lessons like little children, as the article implies.

    --
    The real Fake Bruce Perens has /. ID 228312. Nobody else is the Fake Bruce Perens.
    1. Re:Nothing Condescending About Definitions. by istartedi · · Score: 2

      If calling somewhat a pirate makes you think they have committed murder on the high seas, does calling someone a b**** make you think they are a female dog?

      Better yet, I've actually heard environmentalists accuse companies of raping the land. Do you actually think they f***** the dirt?

      --
      For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
  7. arrr matey by jmd! · · Score: 2

    > may now also include certain uses of 'streaming'
    > technologies from the Internet."

    them internet pirates be smart, they be...

    arrrr...

  8. riaa by purefizz · · Score: 1

    well, if they can sue Napster, why the hell aren't they suing everybody who's ever created a device for making a duplicate of something. I find it fascinating that during the Industrial Revolution the ability to duplicate things was considered progress, and today it is considered a danger.

    kick some CAD

    1. Re:riaa by um...+Lucas · · Score: 3

      Because prior to napster, no one had created a free means of simultaneously distributing many copies of the original. Casettes cost money to but and take time to copy. Ditto for CD-Rs. Because of the inconvienence factor and the plethora of non-infriging and fair use uses, they couldn't attack those anyhow.

      Compare cassettes or cd-r's to Napster:
      1. Napster takes barely anytime to distribute a file, if people are using broadband connectiosn.

      2. The quality doesn't degrade at all from the original (the original is an already degraded mp3, yes, but once it's an mp3, no further degradation occurs).

      3. Copies are free to make - there's no cost of materials.

      4. Napster lets you distribute your files to the world at large, not just the very small set of people that you might know.

      Napster isn't about sharing. Sharing is when you have something and give it to someone else. Napster is about distributing. That's what the labels that have joined the RIAA do, distribute music. Except when they distribute music, they've devised a way to pay royalties to artists. Napsters CEO even claims it's impossible to track downloads, let alone pay the artists their fair share....

      Claims of price fixing aside (and if any one really cares to look it up, you'll find that one of the main motivations for the RIAA to enter into marketing deals which kept the cost of CD's high, was that when there weren't any minimum prices, the Walmarts and Targets of the world were eating the Mom and Pop stores for breakfast, hence the RIAA implented a minimum price in order to save the smaller stores) the RIAA really doesn't seem to be as bad as they're portrayed on these pages. If ANYONE could figure out a way to allow everyone involved in the creation, distribution, and promotion of music to the money they deserve, the RIAA, labels, and artists would surely jump at the opportunity...

      Sorry about the rant.

    2. Re:riaa by um...+Lucas · · Score: 1

      Nah... This has been my line all along... I hate napster, is all. I don't see how slashdot could like it, personally, being that it actively disregards licenses while slashdot cries foul whenever the GPL appears to be in danger of violation...

      By the way, what are those 4 words? There seemed to be a LOT more than 4 on the page you sent me to, but the first 4 that caught me were "WORK MADE FOR HIRE" meaning that that's what the artists did and therefore signed their rights to their respective labels...

      Bummer for them...

    3. Re:riaa by barracg8 · · Score: 2
      • Napster isn't about sharing. Sharing is when you have something and give it to someone else. Napster is about distributing.
      Are you a Lawyer? Your word games confuse me. Who cares if it is sharing or distributing? What is the difference? Okay, try this:
      • There are musicians who want to distripute their music to as wide an audience as possible, who encourage people to trade their music on Napster. (e.g., there is a musician called Chris who posts in most Napster debates on /.)
      • This is legal.
      • The Judge should have followed the Betamax precedant, i.e. there are legitimate uses for the video recorder: it is legal; there are legitimate uses for Napster: it is legal.
      Please explain how you distributing/sharing word games demonstrate that there anything illegal about Napster.
      • Because prior to napster, no one had created a free means of simultaneously distributing many copies of the original.
      Uh... duh!
      Throughout the first half of your post, you carefully explain that Napster is a very efficient method to distribute mp3s. It is not illegal to be good at what you do.
      • the Walmarts and Targets of the world were eating the Mom and Pop stores for breakfast, hence the RIAA implented a minimum price in order to save the smaller stores
      Aw, how sweet! The RIAA are ripping me off to keep small business alive, aw god bless 'em - aren't they kind.

      But I'm not saying Napster is in the right. It's just (1) that there is this little thing called the law, and even the RIAA have to live by it (2) it is a matter of liberty. I want the right to write file sharing programs. File sharing programs do have legitimate uses and a case like this could create dangerous legal precedants.

      smiles.
      G

    4. Re:riaa by Zordak · · Score: 2

      I don't see how slashdot could like it, personally, being that it actively disregards licenses while slashdot cries foul whenever the GPL appears to be in danger of violation...

      I would have to agree with you on this, although I can't totally agree with your eariler post (i.e. that RIAA is not that bad). I personally think this is an issue where both sides are wrong. I believe that artists have a right to be compensated to whatever degree their works are marketable (although how some of the crap "Top 40" artists put out is marketable enough to make them obscenely wealthy, I will never know), and piracy artificially deflates that marketability. However, I think the internet age offers newcomers an opportunity to get known without the overhead of a label (or less overhead anyway), and old-timers the opportunity to distribute stuff they would personally own if they had the guts to make the break. If I were RIAA (as if it's one person :-) I would be afraid of the threat that is to my little empire.

      I agree with IP and patents. I think they offer incentives to create and innovate. You seem to agree that these are not fundamentally bad things, but I would add that the abuse of these laws is becoming a mainstream business practice, which I do think is bad.. For example, purchasing a license to own a recording of a song I want to listen to at my discretion should be independent of the medium that song is distributed on (i.e. CD vs. Cassette). If that medium becomes damamged, or is superceded by a better technology, I should not be forced to purchase a new license with the new medium. At most, I should be responsible for the physical reproduction costs. Unfortunately, as long as the labels can charge me for a new license with each copy of the physical medium, they unvariably will do so. So, while Napster users are shafting the labels and "artists", the labels are shafting their legitimate customer base. It seems like a lose-lose situation for me. As long as they are getting screwed, many customers will continue to turn to illegal media to obtain music, and as long as the labels think they are losing income to pirating, they will continue to milk legitimate customers for all they can squeeze out. The solution? We should all listen to country music on the radio. Then we would never be tempted to go spend a bunch of monay for an overpriced CD. And if we survived the ordeal, we may indeed live to see the demise of RIAA. I'm still working on a similar alternative for the film industry, so we can drive MPAA out of business. Any suggestions.

      Do not teach Confucius to write Characters

      --

      Today's Sesame Street was brought to you by the number e.
    5. Re:riaa by Skuld · · Score: 1
      Good point, on the other hand thats what the far left has always said "intelectual property holds back progress".

      That may be why they don't have IP laws in places like Russia and China.

    6. Re:riaa by skoda · · Score: 1

      I'm assume you are referring to my post about the Salon article, and the "four little words" were indeed "Work Made For Hire." The article explains why they were so significant; IIRC copyrights for "work made for hire" is owned by the companies, not the persons who created the work, similar to how work generated by an employee is owned by the company, not the individual. By changing the language slightly, artists' music done under contract became "work made for hire", giving the companies the copyright for the full term (95 yrs.); the artists would never have the copyright again.

      This, of course, made the artists upset. And thus ensued a broohaha.
      -----
      D. Fischer

    7. Re:riaa by BJH · · Score: 3

      "Fair pay" for the work involved in making and distributing music:

      Artist: Royalty per person for each work (not each copy of that work)

      Label: Reasonable compensation for promotional work

      Retailer: Profit margin comparable to other products

      RIAA: Big, fat ZERO.

    8. Re:riaa by delysid-x · · Score: 1

      Information wants to be mine.

    9. Re:riaa by Compuser · · Score: 1

      People have been using ftp to share/distribute files for a long time now. Napster's only innovation was to introduce itself as a central service, a one stop shop so to say. To make Napster illegal would probably result in a blanket ban on ftp software. Novell will probably go out of business and other OS makers will have to get all file sharing code out of their products. We might even see sockets and pipes banned, such that only truly local methods of info sharing (shared memory) would be allowed.

  9. label by CynTHESis · · Score: 4

    So if I go to a concert with a recording device, copy the music to an mp3, then post a picture from the record on the site and make the mp3 freely available I would be a bootlegging counterfiting online pirate?

    1. Re:label by Mr_Ceebs · · Score: 1

      No for you to add the pirate bit to the end you'd have to storm the record company exec's luxury yacht, Burn it, sink it, and make off with all of his women and whatever gold coinage he had aboard.

    2. Re:label by dogbowl · · Score: 1

      unless it was a phish show. Then you'd be a phan.

      Check out Etree.org


      --

      These pretzels are making me thirsty.
    3. Re:label by jms · · Score: 2

      or moe. or String Cheese Incident, or the Allman Brothers Band, or Charlie Hunter, or any of the Grateful Dead offshoot bands, or any of dozens and dozens of bands.

      Many newer bands have gotten the message that allowing audience taping is the cheapest (read free) form of self promotion in existance. Audience taping creates loyal fans, and once you have loyal fans, the money follows. Anyone who goes through all the trouble of lugging $10,000 worth of taping gear to your shows is probably going to be first in line when your new album goes on sale, or first at the ticketmaster window when your next show goes on sale; and people who trade live recordings and listen to them are devoting their attention to YOUR band instead of the RIAA-promoted radio bands, and are more likely to show up at the record store or concert venue as a result.

    4. Re:label by TheTomcat · · Score: 2

      Example:
      Any time I've ever seen a 'live recording' of Third Eye Blind, I've been sorely disapointed. I like their recordings, however.

    5. Re:label by jms · · Score: 2

      Well, I'm assuming that any band that seeks to successfully self-promote by opening their live performances to tapers has already made the decision that they are good enough concert performers that the tapes will attract listeners instead of repel them. Otherwise, you're right. What's the point? I never said that audience taping was good for all bands, although most modern bands tend to learn their chops by playing out, because that's how you get noticed in the first place. How many bands get signed these days by sending a studio demo tape to a label, without first performing live?

      I agree that there have been plenty of excellent studio bands with spotty, mediocre, or practically non-existant concert track records. The Beatles come to mind. Steely Dan. Likewise, there are plenty of bands that rock out in concert, but sound lame on CD.

  10. Message to the RIAA by blueg3 · · Score: 1

    Bite my Napster!

    But seriously, if these guys are going to ignore technology and try to fight progress, they're going to end up losing, no matter what the courts say. A ruling in their favor will only strengthen my resolve.

    1. Re:Message to the RIAA by schechter · · Score: 1

      Good point. Until the RIAA can figure out a way to co-exist with the internet, they'll be on the losing end of things in the long run. It's the consumer that will have the final say, and the majority of consumers are in favor of napster and other file-sharing services. The RIAA is fighting a no-win battle because technology will always favor consumers.

    2. Re:Message to the RIAA by 72beetle · · Score: 1

      >It's the consumer that will have the final say, and the majority of consumers are in favor of napster and other file-sharing services.

      Actually, it's the internet-savvy consumer that is in favor of napster and othe file-shares. I shun the RIAA just as vehemently as the next guy on /., but you're having problems seeing the scope of the situation - There's a helluva lot of people on the net, but there's a helluva lot more that aren't, and those NON-net-savvy consumers couldn't care less about napster or file-shares. They only see this as a legitimate business fending off technology-mad thieves and pirates.

      It's really sad, but it's true - the people outraged by this whole fiasco are a tiny minority compared to people that just don't care. RIAA will be struck down and condemned in the future, but for now, they will prevail. The people that need convincing watch TV, they don't use computers. RIAA's propoganda in non-internet arenas is not only unparallelled, it's also totally unchallenged. People as a whole are sheep, and the RIAA has the shepherd's staff.

      --
      -Those who dance are considered insane by those who can't hear the music.
  11. Legality.... by talonyx · · Score: 1

    The fact is, this doesn't really matter a whole lot. Napster can lose, who cares. Opennap will take over.
    Nobody cares about piracy, and this won't stop anyone from getting MP3s. I have Napigator. So stop me. You can't.

    Nobody really cares about the legalities of it, and we all know it's piracy. Who cares? I just download a million songs, it's fine with me, it's free.

    Music for free.

    People without computers, or without large brains, will still buy cd's.

    So I will still Nap mp3's and burn them and sell them. Do you want to sue me? So? I don't much care. Try and stop me, and my friends, and the billion other people in the world that don't care about you trying to maintain your source of income.

  12. Umm streaming? by Thauma · · Score: 3

    Well lets see Radio is ok, but shoutcast isn't? hmm I always thought radio was just a differnt streaming medium. A single broadcast that anyone cas tuen into at any time.

    I wonder when it will be illegal to do personal rendition streaming (AKA Singing...)

    1. Re:Umm streaming? by msnomer · · Score: 1

      Well, actually, when a radio station plays a piece of music, they pay royalties to the artist. Same with (physical) jukeboxes, I believe: royalties are paid for each time a song is played. The legal issue doesn't have to do with the medium, per se, but whether the artist (company, whatever) is compensated.

      --
      --meredith
      Sometimes a scream is better than a thesis
    2. Re:Umm streaming? by alienated · · Score: 1
      Artists get royalties for songs played on the radio. RIAA is pretty clearly leading up to a phase 2 argument where, once they've taken care of the MP3 issue, they'll suggest that everyone who has their own personal station on ShoutCast or wherever should also be paying royalties for the privilege of (broad? narrow?)casting their music online, even through the normal audience for streaming MP3 radio is in the low dozens per station.

      Doncha think there should be some sort of exemption for this, the way there is for extremely low-frequency radio stations that broadcast over a radius of a city block or so?

      --
      ----- Trapped in time. Surrounded by evil. Low on gas. --Army of Darkness
    3. Re:Umm streaming? by Robert+S+Gormley · · Score: 2

      radio (used to) pay licencing fees for the broadcast rights to a cd... not sure if that's the case now, or that most cd's are given for publicity purposes... not quite the same... shoutcasts are generally individually licenced cds (according to the riaa anyway)...

      --

      Open Source. Closed Minds. We are Slashdot.

    4. Re:Umm streaming? by Detritus · · Score: 2
      It is more complicated than that. The subject came up in a discussion about compulsory licensing on a mailing list that I belong to and I got a good explanation of the situation from Kilroy Hughes:

      There is a compulsory license with the guy that wrote the sheet music (like Barry Manilow), but the performer (like Rod Stewart), the Phonogram (the copyrighted "Rod Sings Barry" album), the AFofM musician's union (the boys in the band), AFTRA (talent), and mechanical royalties (Harry Fox agency) ... don't get a nickel for air play. I guess you would say that the radio stations "give away their stuff".

      The ASCAP, BMI, SESAC, etc. performance royalties for publishers run about 5% of station revenue.

      This structure is basically an historical accident based on the original business model of the music business where composers made money by selling sheet music to live musicians. When recordings and radios cut into sheet music sales, composers/publishers were given the right by the congressional copyright tribunal to negotiate a royalty for mechanical copying and air play. I think the Great Radio Strike of 1930 had something to do with it. The theory was that the record companies made their money selling plastic. It wasn't until 1976 (if I recall correctly) that the copyright tribunal (in their 20 year meeting cycle) recognized recordings as a copyrighted work (a phonogram), like a book or sheet music. The visionaries in the record biz at the time tried to get congress to let them charge broadcasters for the rights of the performer and phonogram publisher; recognizing that they weren't going to be in the plastic business much longer. They missed that boat and the next one; but there will be another in 20 years; probably around the time direct cortical transmission replaces whatever they'll be prepared to legislate.

      So the composer gets paid, but everyone else is out of luck. The record companies go along with it because radio airplay promotes sales of recordings.

      --
      Mea navis aericumbens anguillis abundat
  13. Isn't recording-off-air FAIR USE ? by redelm · · Score: 5


    Am I wrong, or is the RIAA trying to write-out fair use? I had always thought that recording a broadcast off the radio [or TV] for personal, private purposes was considered fair use! Wasn't the Betamax case all about just this?

    And now the RIAA is trying to tag FAIR USE with the slur of "Bootleg Recordings". I cry foul.

    1. Re:Isn't recording-off-air FAIR USE ? by JCCyC · · Score: 2
      You forget the MPAA/RIAA notion of "fair":

      "If Event A results in us getting more money than Event B, then Event B is not fair. In fact, it's illegal. Actually, it's piracy/terrorism/murder/torture/genocide..."

    2. Re:Isn't recording-off-air FAIR USE ? by update() · · Score: 3
      Am I wrong, or is the RIAA trying to write-out fair use?

      I'm pretty confident that you're wrong and that distribution of the "unauthorized recordings of a live concert, or a musical broadcast on radio or television" is implied in their statement. It's a web page, not legislation.

      As long as I'm posting, could someone explain to me again why respect for music copyrights is always a target for sneering and ridicule here while every accidental, trivial violation of the GPL is cause for another jihad? I keep asking this and always lose a few karma points and attract some furious responses. Still, no one has ever offered an explanation beyond "Because the GPL is good. The RIAA is bad. The Constitution says copyright only applies to good stuff."

      ---------

    3. Re:Isn't recording-off-air FAIR USE ? by cpt+kangarooski · · Score: 2

      Well, while you're trying your damnest to attack the GPL I think, you're actually more right than you know. The copyright clause of the Constitution really does say that copyrights are only valid if it promotes the arts or sciences. So if it were shown that the art of music were somehow improved if there were no copyrights on music, Congress would have no constitutional avenue but to rewrite copyright laws so that they didn't apply to music.

      Given the direction that our copyright laws are going in, it probably won't be long before the GPL is protectable and the harsh copyrights on music are not (though they'll probably just revert to more relaxed copyrights)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:Isn't recording-off-air FAIR USE ? by nmarshall · · Score: 1

      simple really, the GPL gives you more rights then you have with standard copyrights. i like having the right to give this string of bits that i have to a friend. in computerland ( defined at strings and more strings of bits) all that exests is strings of bits. we humans give meaning on these strings of bits.
      sometimes these strings are a kewl progam, sometimes they are a new song.

      the GPL can be thought of as a way to wright in lawer-speak how computerland sees things...

      really ppl just what to share what they find kewl ( defined as anything you like, or find usefull).

      and the GPL protects authors from ppl that would not play the free-software game.

      music copyrights are for the most part FORCED on the authors of said music. there isnot any other way to play the "hear-your-self-on-the-radio-and-make-tons-of-cash " game. hmmm maybe that should be SEEM to make cash...

      by goddess! this rant is unognized... errr
      maybe some one will get the geist and tranlate..

      nmarshall
      #include "standard_disclaimer.h"
      R.U. SIRIUS: THE ONLY POSSIBLE RESPONSE

      --
      nmarshall

      The law is that which it boldly asserted and plausibly maintained..
      --Colonel Burr 1783
    5. Re:Isn't recording-off-air FAIR USE ? by BJH · · Score: 1

      I think you'll find most authors of music are very supportive of copyright on their music; that's why there was such an outcry when the "work-for-hire" clause was slipped into completely unrelated legislation. The problem isn't so much copyright itself, but rather how that copyright is "leveraged" (an awful bit of business-speak that I detest) to control the distribution of the copyrighted works.

      And before you go off ranting about how people "just want to share", remember, "he who writes the code (or in this case, "performs the music") gets to choose the license." Either respect the wishes of the artist or don't listen to their music. You can't have it both ways.

      If artists could find another way to distribute their music for sufficient reward, I'm sure they'd leap at it. Unfortunately, most people just want to copy the music for free...

    6. Re:Isn't recording-off-air FAIR USE ? by subreality · · Score: 1
      Recording for personal use is fair use. However, fair use does *not* allow redistribution, rebroadcasting, etc.

      Bootleg recordings - and that *is* what they are called, whether you like it or not - are perfectly legitimate. Redistribution of bootleg recordings without the copyright holder's permission is illegal.

      The problem is that the RIAA should be going after the people doing the redistribution of the recordings - the people sharing them on Napster - instead of Napster itself. Metallica did this. In all honesty, isn't Metallica's method of dealing with it correct? But that's another can of worms entirely. :-)

      --Kai
      --slashsuckATvegaDOTfurDOTcom

    7. Re:Isn't recording-off-air FAIR USE ? by jafuser · · Score: 2
      It's no longer "fair use" becuase by using a VCR, you're circumventing their NTSC-encoded signal for the purposes of making an illegal copy that you might watch again and again without paying additional licensing fees.

      --

      --
      Please consider making an automatic monthly recurring donation to the EFF
    8. Re:Isn't recording-off-air FAIR USE ? by dirk · · Score: 2
      Am I wrong, or is the RIAA trying to write-out fair use? I had always thought that recording a broadcast off the radio [or TV] for personal, private purposes was considered fair use! Wasn't the Betamax case all about just this?

      And now the RIAA is trying to tag FAIR USE with the slur of "Bootleg Recordings". I cry foul.


      For personal use it always has been and always will be fine. That's time-shifting and is completely covered by fair use. If you notice though, only one section poitns out that it includes "even if the recording isn't resold". You can record something off TV or radio and use it for yourself, but you can't resell it or charge others to watch it. Conversely, you can't record a live concert without permission (who exactly has to give permission I'm not sure, but I believe it's the performing artist).

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    9. Re:Isn't recording-off-air FAIR USE ? by Nezumi-chan · · Score: 1
      And before you go off ranting about how people "just want to share", remember, "he who writes the code (or in this case, "performs the music") gets to choose the license."

      This seems, at least to me, to be either the crux of the matter, or at least a very important aspect.

      The GPL allows for just such a choice as you refer to. However, the RIAA's interpretation of copyright and licensing runs counter to it. In the music industry, the "coder" is not able to choose the license. In fact, beyond producing the product and living up to various contractual obligations, s/he has almost no control at all. I would say this is a very important distinction.

    10. Re:Isn't recording-off-air FAIR USE ? by update() · · Score: 1
      Well, while you're trying your damnest to attack the GPL

      Not at all - I'm a firm believer in "He who does the work gets to choose the license. If you don't like the license, don't buy or use the product and make something better. You can't steal it."

      So if it were shown that the art of music were somehow improved if there were no copyrights on music, Congress would have no constitutional avenue but to rewrite copyright laws so that they didn't apply to music.

      No. "Original intent" is meaningful according to many (most?) legal experts, but it's hardly sufficient to overturn music copyright. Anyway, the art of music would converge to the level of mp3.com in the absence of copyright.

      ---------

    11. Re:Isn't recording-off-air FAIR USE ? by Anonymous Coward · · Score: 1
      Anyway, the art of music would converge to the level of mp3.com in the absence of copyright.

      Just what the hell does this mean? There's some damned fine music on mp3.com. If you take the time to browse around, I would think anyone with an open mind would likely find the same.

      Sorry to come off so harsh, but your statement seems to imply that in the absence of copyright, the quality of music would suddenly drop. I would have to disagree.

    12. Re:Isn't recording-off-air FAIR USE ? by Wah · · Score: 2

      You can record something off TV or radio and use it for yourself, but you can't resell it or charge others to watch it.

      This is another bad part of the DMCA. Under the old laws you would have been perfectly fine sharing this in the absence of monetary exchange, under the DMCA, you're a felon.
      --

      --
      +&x
    13. Re:Isn't recording-off-air FAIR USE ? by cpt+kangarooski · · Score: 1

      Why do you feel that there's a need for a license? Copyrighted works automatically get a large number of protections. Why the hell must it be licensed too? The GPL is only used when the otherwise (generally) restricted act of copying and distribution is granted.

      But there's no need compatable with copyright laws to pass licenses like most of MS's.

      Fortunately music is generally distributed without a license. (I forget if radio stations actually agree to a license or if it's all automatic)

      Regarding your second point, it's off-target entirely. While intent is good, the ACTUAL WORDING of the Constitution that permits copyrights to exist in the first place (no one's just entitled to them you know) is: "The Congress shall have Power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries"

      If it don't promote, they really can't do it. If it's not limited (and these days it effectively isn't) they can't do it. If the rights are initially (prior to some transfer) secured to someone else they can't do it.

      At any rate, can you prove that the art of music would decline? Remembering to balance the level of quality with the volume of works _and_ the freedom of access by the public to those works. Copyright does not serve a useful function unless people can use the materials; misuse your copyright and it can be revoked.

      Additionally, don't forget that for thousands and thousands of years there was no copyright. Guess all of the writings, works of art, and music before roughly 1800 must've been crap, huh?

      Or perhaps the real answer is that modern copyright laws are basically unconstitutional and in need of serious reform, and that the entire concept is in danger of being rendered moot anyway. (I'd prefer the former personally, but I could live with the latter)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    14. Re:Isn't recording-off-air FAIR USE ? by BJH · · Score: 2

      Yes, it is a very important distinction. Unfortunately, it doesn't give you the right to steal the artist's work for nothing.

    15. Re:Isn't recording-off-air FAIR USE ? by Nezumi-chan · · Score: 1
      Yes, it is a very important distinction. Unfortunately, it doesn't give you the right to steal the artist's work for nothing.

      Really, that's a separate issue. It's a popular concept that copying via Napster, Gnutella, etc. is theft, but that's hardly proven. Nor is it the same as telling the difference between GPL and interpretations of copyright.

      I believe firmly in compensating artists. In some ways I act on this belief, such as being sure to buy the CDs of bands I like, such as Moxy Fruvous. I just don't think that following the current interpretations and amendments to copyright law assists in this.

    16. Re:Isn't recording-off-air FAIR USE ? by BJH · · Score: 1

      Oh, rubbish. You don't have permission to copy it == You're stealing it. The only way this could change is if current copyright law is revised or labels ease up their licenses.
      As for your second point, that's like saying "I stole a Ford from the dealer, but I'm sure I'll buy another Ford in the future, so it's not theft."

    17. Re:Isn't recording-off-air FAIR USE ? by Nezumi-chan · · Score: 2
      You don't have permission to copy it == You're stealing it.

      Questionable morality there. Assuming that I use Napster for this purpose (I don't, actually - no artist I get from Napster comes under US copyright law, most are from Japan and are thus not available by any conventional means), I disagree that I am (hypothetically) stealing from the artist. If anyone, it would be the record companies who have already stolen from the artists, and I wonder about whether or not stealing from a thief is really all that bad.

      Of course, this is all working on the assumption that copying = stealing, which I categorically deny.

    18. Re:Isn't recording-off-air FAIR USE ? by jswitte · · Score: 1

      But how could this reform ever happen in our current political climate? I agree strenuously that such reform is in order, but given our current money-driven politcal system (remember the 'four little words' inserted by basically a legislative clerk) how would this *ever* come to the attention of those it needs to? Has anyone thought about forming a grass-roots coalition to get a congressional hearing on music-industry copyright/contract abuse?

      Jim
      email: jswitte@bloomington.in.us

  14. Changing IP laws by revscat · · Score: 4

    You know, I would really like to see some discussions from IAAL types on what can be done to change IP law so that situations like this do not arise again. IMHO, the economic model which has given rise to the RIAA is outdated. This is not a Katzism, it is simply a fact. Peer-to-peer sharing is here to stay, and without totalitarian rule overseeing every file transfer, it cannot be stopped. This leads to only one conclusion, as far as I can tell: fundamentally changing IP law. This would involve pain, certainly.

    The analogy to buggy whip manufacturers in the early days of automobiles is apt here, I think. I fear their lobbying power, however. Should they be vindicated in the halls of Congress, it will be to our collective injury and a further erosion of our liberties in the name of profits and corporate self-interests, which are not, again IMHO, all that important in the long run. Should the members of the RIAA go belly-up five years from now, the economy and the Republic will continue to thrive.

    - Rev.
    1. Re:Changing IP laws by SnakeEyes · · Score: 1

      You know, I would really like to see some discussions from IAAL types on what can be done to change IP law so that situations like this do not arise again.

      What's wrong with Internet protocol and why do you want to change it?



      --
      Come on, Tinkler, Tink!!
    2. Re:Changing IP laws by streetlawyer · · Score: 3
      If you destroy the profitability of the music industry, then you will fundamentally alter the kind of music which is produced. Copyright gives you big companies, lots of investment, high-production values acts, slick video and attracts people into the business who want to be *stars*

      No copyright gives you smaller average size of recording company, home recording enthusiasts, people who don't mind looking after the business side for themselves, probably more acoustic music, and people who (for the large part erroneously) believe that they have something important to say to the world.

      Personally, I think it sucks.

    3. Re:Changing IP laws by Tough+Love · · Score: 1

      No copyright gives you smaller average size of recording company, home recording enthusiasts, people who don't mind looking after the business side for themselves, probably more acoustic music, and people who (for the large part erroneously) believe that they have something important to say to the world.

      Err - you mean, former music execs playing banjo on the street?
      --

      --
      When all you have is a hammer, every problem starts to look like a thumb.
  15. Re:Covering all possible bases by cecil36 · · Score: 1

    "if someone in your family dies and you inherit their CD collection, you'd better pay up, because you didn't pay for those CDs, your chilling-in-the-dirt relative did."

    I don't think so. Those CDs were already paid for by the deceased when they were alive. If the RIAA wants to argue this, then you can tell them to kiss your @$$, since they are asking for money that they already have.

  16. Napster is doomed. Time to look at what's next. by Ars-Fartsica · · Score: 3
    Napster was just too easy a target. Regardless of the rightness of it all, Napster provided a single convenient target for litigation.

    The sooner we get to true distributed file sharing (freenet - just try shutting it down!), the better. Napster will hold an interesting place in the history of media, but I think thats going to be the extent of its legacy.

    1. Re:Napster is doomed. Time to look at what's next. by Bushwacker · · Score: 1
      You are probably right. However, I doubt that FreeNet will be the next "big thing". Currently in vo.2 or 0.3, it is entirely unsearchable/navigatable. While this is the whole point, I doubt the gen pub will like this. Especially those cuddly little AOL-on-MacOS trolls.
      My guess is that general filesharing programs such as GNUTella will become more popular instead. Napster is only one entity. the 'Net is huge.

      The software/music sharing race has begun. Now that the tiger is out of the cage, it'll not likely go back in alive. Expect to watch the fur fly for several more months/years untill RIAA, etc. figure out that they will never possibly stop this.

      --
      -----------------------------------------
      Perversely greped and groped by PowerPenguin
    2. Re:Napster is doomed. Time to look at what's next. by My_Favorite_Anonymou · · Score: 1

      why bother real distribution system. Let's try some more legal gray area and use online storage such as idrive.com You can make a case idive.com and similar is better than napster, since it doesn't log off whenever it feel like. binary-tella is just too slow.

      CY

  17. fair use by Anonymous Coward · · Score: 2

    /*
    * Copyright (C) 1999 Derek Fawcus <derek@spider.com>
    *
    * This code may be used under the terms of Version 2 of the GPL,
    * read the file COPYING for details.
    *
    */

    /*
    * These routines do some reordering of the supplied data before
    * calling engine() to do the main work.
    *
    * The reordering seems similar to that done by the initial stages of
    * the DES algorithm, in that it looks like it's just been done to
    * try and make software decoding slower. I'm not sure that it
    * actually adds anything to the security.
    *
    * The nature of the shuffling is that the bits of the supplied
    * parameter 'varient' are reorganised (and some inverted), and
    * the bytes of the parameter 'challenge' are reorganised.
    *
    * The reorganisation in each routine is different, and the first
    * (CryptKey1) does not bother of play with the 'varient' parameter.
    *
    * Since this code is only run once per disk change, I've made the
    * code table driven in order to improve readability.
    *
    * Since these routines are so similar to each other, one could even
    * abstract them all to one routine supplied a parameter determining
    * the nature of the reordering it has to do.
    */

    #include "css-auth.h"

    typedef unsigned long u32;

    static void engine(int varient, byte const *input, struct block *output);

    void CryptKey1(int varient, byte const *challenge, struct block *key)
    {

    static byte perm_challenge[] = {1,3,0,7,5, 2,9,6,4,8};

    byte scratch[10];
    int i;

    for(i = 9; i >= 0; --i)
    scratch[i] = challenge[perm_challenge[i]];

    engine(varient, scratch, key); }

    /* This shuffles the bits in varient to make perm_varient such that
    * 4 -> !3
    * 3 -> 4
    * varient bits: 2 -> 0 perm_varient bits
    * 1 -> 2
    * 0 -> !1
    */
    void CryptKey2(int varient, byte const *challenge, struct block *key)
    {

    static byte perm_challenge[] = {6,1,9,3,8, 5,7,4,0,2};

    static byte perm_varient[] = {
    0x0a, 0x08, 0x0e, 0x0c, 0x0b, 0x09, 0x0f, 0x0d,
    0x1a, 0x18, 0x1e, 0x1c, 0x1b, 0x19, 0x1f, 0x1d,
    0x02, 0x00, 0x06, 0x04, 0x03, 0x01, 0x07, 0x05,
    0x12, 0x10, 0x16, 0x14, 0x13, 0x11, 0x17, 0x15};

    byte scratch[10];
    int i;

    for(i = 9; i >= 0; --i)
    scratch[i] = challenge[perm_challenge[i]];

    engine(perm_varient[varient], scratch, key); }

    /* This shuffles the bits in varient to make perm_varient such that
    * 4 -> 0
    * 3 -> !1
    * varient bits: 2 -> !4 perm_varient bits
    * 1 -> 2
    * 0 -> 3
    */
    void CryptBusKey(int varient, byte const *challenge, struct block *key)
    {
    static byte perm_challenge[] = {4,0,3,5,7, 2,8,6,1,9};
    static byte perm_varient[] = {
    0x12, 0x1a, 0x16, 0x1e, 0x02, 0x0a, 0x06, 0x0e,
    0x10, 0x18, 0x14, 0x1c, 0x00, 0x08, 0x04, 0x0c,
    0x13, 0x1b, 0x17, 0x1f, 0x03, 0x0b, 0x07, 0x0f,
    0x11, 0x19, 0x15, 0x1d, 0x01, 0x09, 0x05, 0x0d};

    byte scratch[10];
    int i;

    for(i = 9; i >= 0; --i)
    scratch[i] = challenge[perm_challenge[i]];

    engine(perm_varient[varient], scratch, key); }

    /*
    * We use two LFSR's (seeded from some of the input data bytes) to
    * generate two streams of pseudo-random bits. These two bit streams
    * are then combined by simply adding with carry to generate a final
    * sequence of pseudo-random bits which is stored in the buffer that
    * 'output' points to the end of - len is the size of this buffer.
    *
    * The first LFSR is of degree 25, and has a polynomial of:
    * x^13 + x^5 + x^4 + x^1 + 1
    *
    * The second LSFR is of degree 17, and has a (primitive) polynomial of: * x^15 + x^1 + 1
    *
    * I don't know if these polynomials are primitive modulo 2, and thus
    * represent maximal-period LFSR's.
    *
    *
    * Note that we take the output of each LFSR from the new shifted in
    * bit, not the old shifted out bit. Thus for ease of use the LFSR's
    * are implemented in bit reversed order.
    *
    */
    static void generate_bits(byte *output, int len, struct block const *s)
    {
    u32 lfsr0, lfsr1;
    byte carry;

    /* In order to ensure that the LFSR works we need to ensure that the * initial values are non-zero. Thus when we initialise them from
    * the seed, we ensure that a bit is set.
    */
    lfsr0 = (s->b[0] << 17) | (s->b[1] << 9) | ((s->b[2] & ~7) < < 1) | 8 | (s->b[2] & 7); lfsr1 = (s->b[3] << 9) | 0x100 | s->b[4];

    ++output;

    carry = 0;
    do {
    int bit;
    byte val;

    for(bit = 0, val = 0; bit < 8; ++bit) {
    byte o_lfsr0, o_lfsr1; /* Actually only 1 bit each */ byte combined;

    o_lfsr0 = ((lfsr0 >> 24) ^ (lfsr0 >> 21) ^ (lfsr0 >> 20) ^ (lfsr0 >> 12)) & 1; lfsr0 = (lfsr0 << 1) | o_lfsr0;

    o_lfsr1 = ((lfsr1 >> 16) ^ (lfsr1 >> 2)) & 1; lfsr1 = (lfsr1 << 1) | o_lfsr1;

    #define BIT0(x) ((x) & 1)
    #define BIT1(x) (((x) >> 1) & 1)

    combined = !o_lfsr1 + carry + !o_lfsr0;
    carry = BIT1(combined);
    val |= BIT0(combined) << bit;
    }

    *--output = val; } while (--len > 0);
    }

    static byte Secret[];
    static byte Varients[];
    static byte Table0[];
    static byte Table1[];
    static byte Table2[];
    static byte Table3[];

    /*
    * This encryption engine implements one of 32 variations
    * one the same theme depending upon the choice in the
    * varient parameter (0 - 31).
    *
    * The algorithm itself manipulates a 40 bit input into
    * a 40 bit output.
    * The parameter 'input' is 80 bits. It consists of
    * the 40 bit input value that is to be encrypted followed
    * by a 40 bit seed value for the pseudo random number
    * generators.
    */
    static void engine(int varient, byte const *input, struct block *output) {
    byte cse, term, index;
    struct block temp1;
    struct block temp2;
    byte bits[30];

    int i;

    /* Feed the secret into the input values such that
    * we alter the seed to the LFSR's used above, then
    * generate the bits to play with.
    */
    for (i = 5; --i >= 0; )
    temp1.b[i] = input[5 + i] ^ Secret[i] ^ Table2[i];

    generate_bits(&bits[29], sizeof bits, &temp1);

    /* This term is used throughout the following to
    * select one of 32 different variations on the
    * algorithm.
    */
    cse = Varients[varient] ^ Table2[varient];

    /* Now the actual blocks doing the encryption. Each
    * of these works on 40 bits at a time and are quite
    * similar.
    */
    for (i = 5, term = 0; --i >= 0; term = input[i]) {
    index = bits[25 + i] ^ input[i];
    index = Table1[index] ^ ~Table2[index] ^ cse;

    temp1.b[i] = Table2[index] ^ Table3[index] ^ term; }
    temp1.b[4] ^= temp1.b[0];

    for(i = 5, term = 0; --i >= 0; term = temp1.b[i]) {
    index = bits[20 + i] ^ temp1.b[i]; index = Table1[index] ^ ~Table2[index] ^ cse;

    temp2.b[i] = Table2[index] ^ Table3[index] ^ term; }
    temp2.b[4] ^= temp2.b[0];

    for(i = 5, term = 0; --i >= 0; term = temp2.b[i]) {
    index = bits[15 + i] ^ temp2.b[i]; index = Table1[index] ^ ~Table2[index] ^ cse; index = Table2[index] ^ Table3[index] ^ term;

    temp1.b[i] = Table0[index] ^ Table2[index]; }
    temp1.b[4] ^= temp1.b[0];

    for(i = 5, term = 0; --i >= 0; term = temp1.b[i]) {
    index = bits[10 + i] ^ temp1.b[i]; index = Table1[index] ^ ~Table2[index] ^ cse;

    index = Table2[index] ^ Table3[index] ^ term;

    temp2.b[i] = Table0[index] ^ Table2[index]; }
    temp2.b[4] ^= temp2.b[0];

    for(i = 5, term = 0; --i >= 0; term = temp2.b[i]) {
    index = bits[5 + i] ^ temp2.b[i]; index = Table1[index] ^ ~Table2[index] ^ cse;

    temp1.b[i] = Table2[index] ^ Table3[index] ^ term; }
    temp1.b[4] ^= temp1.b[0];

    for(i = 5, term = 0; --i >= 0; term = temp1.b[i]) {
    index = bits[i] ^ temp1.b[i]; index = Table1[index] ^ ~Table2[index] ^ cse;

    output->b[i] = Table2[index] ^ Table3[index] ^ term; }
    }

    static byte Varients[] = {
    0xB7, 0x74, 0x85, 0xD0, 0xCC, 0xDB, 0xCA, 0x73,
    0x03, 0xFE, 0x31, 0x03, 0x52, 0xE0, 0xB7, 0x42,
    0x63, 0x16, 0xF2, 0x2A, 0x79, 0x52, 0xFF, 0x1B,
    0x7A, 0x11, 0xCA, 0x1A, 0x9B, 0x40, 0xAD, 0x01};

    static byte Secret[] = {0x55, 0xD6, 0xC4, 0xC5, 0x28};

    static byte Table0[] = {
    0xB7, 0xF4, 0x82, 0x57, 0xDA, 0x4D, 0xDB, 0xE2,
    0x2F, 0x52, 0x1A, 0xA8, 0x68, 0x5A, 0x8A, 0xFF,
    0xFB, 0x0E, 0x6D, 0x35, 0xF7, 0x5C, 0x76, 0x12,
    0xCE, 0x25, 0x79, 0x29, 0x39, 0x62, 0x08, 0x24,
    0xA5, 0x85, 0x7B, 0x56, 0x01, 0x23, 0x68, 0xCF,
    0x0A, 0xE2, 0x5A, 0xED, 0x3D, 0x59, 0xB0, 0xA9,
    0xB0, 0x2C, 0xF2, 0xB8, 0xEF, 0x32, 0xA9, 0x40,
    0x80, 0x71, 0xAF, 0x1E, 0xDE, 0x8F, 0x58, 0x88,
    0xB8, 0x3A, 0xD0, 0xFC, 0xC4, 0x1E, 0xB5, 0xA0,
    0xBB, 0x3B, 0x0F, 0x01, 0x7E, 0x1F, 0x9F, 0xD9,
    0xAA, 0xB8, 0x3D, 0x9D, 0x74, 0x1E, 0x25, 0xDB,
    0x37, 0x56, 0x8F, 0x16, 0xBA, 0x49, 0x2B, 0xAC,
    0xD0, 0xBD, 0x95, 0x20, 0xBE, 0x7A, 0x28, 0xD0,
    0x51, 0x64, 0x63, 0x1C, 0x7F, 0x66, 0x10, 0xBB,
    0xC4, 0x56, 0x1A, 0x04, 0x6E, 0x0A, 0xEC, 0x9C,
    0xD6, 0xE8, 0x9A, 0x7A, 0xCF, 0x8C, 0xDB, 0xB1,
    0xEF, 0x71, 0xDE, 0x31, 0xFF, 0x54, 0x3E, 0x5E,
    0x07, 0x69, 0x96, 0xB0, 0xCF, 0xDD, 0x9E, 0x47,
    0xC7, 0x96, 0x8F, 0xE4, 0x2B, 0x59, 0xC6, 0xEE,
    0xB9, 0x86, 0x9A, 0x64, 0x84, 0x72, 0xE2, 0x5B,
    0xA2, 0x96, 0x58, 0x99, 0x50, 0x03, 0xF5, 0x38,
    0x4D, 0x02, 0x7D, 0xE7, 0x7D, 0x75, 0xA7, 0xB8,
    0x67, 0x87, 0x84, 0x3F, 0x1D, 0x11, 0xE5, 0xFC,
    0x1E, 0xD3, 0x83, 0x16, 0xA5, 0x29, 0xF6, 0xC7,
    0x15, 0x61, 0x29, 0x1A, 0x43, 0x4F, 0x9B, 0xAF,
    0xC5, 0x87, 0x34, 0x6C, 0x0F, 0x3B, 0xA8, 0x1D,
    0x45, 0x58, 0x25, 0xDC, 0xA8, 0xA3, 0x3B, 0xD1,
    0x79, 0x1B, 0x48, 0xF2, 0xE9, 0x93, 0x1F, 0xFC,
    0xDB, 0x2A, 0x90, 0xA9, 0x8A, 0x3D, 0x39, 0x18,
    0xA3, 0x8E, 0x58, 0x6C, 0xE0, 0x12, 0xBB, 0x25,
    0xCD, 0x71, 0x22, 0xA2, 0x64, 0xC6, 0xE7, 0xFB,
    0xAD, 0x94, 0x77, 0x04, 0x9A, 0x39, 0xCF, 0x7C};

    static byte Table1[] = {
    0x8C, 0x47, 0xB0, 0xE1, 0xEB, 0xFC, 0xEB, 0x56,
    0x10, 0xE5, 0x2C, 0x1A, 0x5D, 0xEF, 0xBE, 0x4F,
    0x08, 0x75, 0x97, 0x4B, 0x0E, 0x25, 0x8E, 0x6E,
    0x39, 0x5A, 0x87, 0x53, 0xC4, 0x1F, 0xF4, 0x5C,
    0x4E, 0xE6, 0x99, 0x30, 0xE0, 0x42, 0x88, 0xAB,
    0xE5, 0x85, 0xBC, 0x8F, 0xD8, 0x3C, 0x54, 0xC9,
    0x53, 0x47, 0x18, 0xD6, 0x06, 0x5B, 0x41, 0x2C,
    0x67, 0x1E, 0x41, 0x74, 0x33, 0xE2, 0xB4, 0xE0,
    0x23, 0x29, 0x42, 0xEA, 0x55, 0x0F, 0x25, 0xB4,
    0x24, 0x2C, 0x99, 0x13, 0xEB, 0x0A, 0x0B, 0xC9,
    0xF9, 0x63, 0x67, 0x43, 0x2D, 0xC7, 0x7D, 0x07,
    0x60, 0x89, 0xD1, 0xCC, 0xE7, 0x94, 0x77, 0x74,
    0x9B, 0x7E, 0xD7, 0xE6, 0xFF, 0xBB, 0x68, 0x14,
    0x1E, 0xA3, 0x25, 0xDE, 0x3A, 0xA3, 0x54, 0x7B,
    0x87, 0x9D, 0x50, 0xCA, 0x27, 0xC3, 0xA4, 0x50,
    0x91, 0x27, 0xD4, 0xB0, 0x82, 0x41, 0x97, 0x79,
    0x94, 0x82, 0xAC, 0xC7, 0x8E, 0xA5, 0x4E, 0xAA,
    0x78, 0x9E, 0xE0, 0x42, 0xBA, 0x28, 0xEA, 0xB7,
    0x74, 0xAD, 0x35, 0xDA, 0x92, 0x60, 0x7E, 0xD2,
    0x0E, 0xB9, 0x24, 0x5E, 0x39, 0x4F, 0x5E, 0x63,
    0x09, 0xB5, 0xFA, 0xBF, 0xF1, 0x22, 0x55, 0x1C,
    0xE2, 0x25, 0xDB, 0xC5, 0xD8, 0x50, 0x03, 0x98,
    0xC4, 0xAC, 0x2E, 0x11, 0xB4, 0x38, 0x4D, 0xD0,
    0xB9, 0xFC, 0x2D, 0x3C, 0x08, 0x04, 0x5A, 0xEF,
    0xCE, 0x32, 0xFB, 0x4C, 0x92, 0x1E, 0x4B, 0xFB,
    0x1A, 0xD0, 0xE2, 0x3E, 0xDA, 0x6E, 0x7C, 0x4D,
    0x56, 0xC3, 0x3F, 0x42, 0xB1, 0x3A, 0x23, 0x4D,
    0x6E, 0x84, 0x56, 0x68, 0xF4, 0x0E, 0x03, 0x64,
    0xD0, 0xA9, 0x92, 0x2F, 0x8B, 0xBC, 0x39, 0x9C,
    0xAC, 0x09, 0x5E, 0xEE, 0xE5, 0x97, 0xBF, 0xA5,
    0xCE, 0xFA, 0x28, 0x2C, 0x6D, 0x4F, 0xEF, 0x77,
    0xAA, 0x1B, 0x79, 0x8E, 0x97, 0xB4, 0xC3, 0xF4};

    static byte Table2[] = {
    0xB7, 0x75, 0x81, 0xD5, 0xDC, 0xCA, 0xDE, 0x66,
    0x23, 0xDF, 0x15, 0x26, 0x62, 0xD1, 0x83, 0x77,
    0xE3, 0x97, 0x76, 0xAF, 0xE9, 0xC3, 0x6B, 0x8E,
    0xDA, 0xB0, 0x6E, 0xBF, 0x2B, 0xF1, 0x19, 0xB4,
    0x95, 0x34, 0x48, 0xE4, 0x37, 0x94, 0x5D, 0x7B,
    0x36, 0x5F, 0x65, 0x53, 0x07, 0xE2, 0x89, 0x11,
    0x98, 0x85, 0xD9, 0x12, 0xC1, 0x9D, 0x84, 0xEC,
    0xA4, 0xD4, 0x88, 0xB8, 0xFC, 0x2C, 0x79, 0x28,
    0xD8, 0xDB, 0xB3, 0x1E, 0xA2, 0xF9, 0xD0, 0x44,
    0xD7, 0xD6, 0x60, 0xEF, 0x14, 0xF4, 0xF6, 0x31,
    0xD2, 0x41, 0x46, 0x67, 0x0A, 0xE1, 0x58, 0x27,
    0x43, 0xA3, 0xF8, 0xE0, 0xC8, 0xBA, 0x5A, 0x5C,
    0x80, 0x6C, 0xC6, 0xF2, 0xE8, 0xAD, 0x7D, 0x04,
    0x0D, 0xB9, 0x3C, 0xC2, 0x25, 0xBD, 0x49, 0x63,
    0x8C, 0x9F, 0x51, 0xCE, 0x20, 0xC5, 0xA1, 0x50,
    0x92, 0x2D, 0xDD, 0xBC, 0x8D, 0x4F, 0x9A, 0x71,
    0x2F, 0x30, 0x1D, 0x73, 0x39, 0x13, 0xFB, 0x1A,
    0xCB, 0x24, 0x59, 0xFE, 0x05, 0x96, 0x57, 0x0F,
    0x1F, 0xCF, 0x54, 0xBE, 0xF5, 0x06, 0x1B, 0xB2,
    0x6D, 0xD3, 0x4D, 0x32, 0x56, 0x21, 0x33, 0x0B,
    0x52, 0xE7, 0xAB, 0xEB, 0xA6, 0x74, 0x00, 0x4C,
    0xB1, 0x7F, 0x82, 0x99, 0x87, 0x0E, 0x5E, 0xC0,
    0x8F, 0xEE, 0x6F, 0x55, 0xF3, 0x7E, 0x08, 0x90,
    0xFA, 0xB6, 0x64, 0x70, 0x47, 0x4A, 0x17, 0xA7,
    0xB5, 0x40, 0x8A, 0x38, 0xE5, 0x68, 0x3E, 0x8B,
    0x69, 0xAA, 0x9B, 0x42, 0xA5, 0x10, 0x01, 0x35,
    0xFD, 0x61, 0x9E, 0xE6, 0x16, 0x9C, 0x86, 0xED,
    0xCD, 0x2E, 0xFF, 0xC4, 0x5B, 0xA0, 0xAE, 0xCC,
    0x4B, 0x3B, 0x03, 0xBB, 0x1C, 0x2A, 0xAC, 0x0C,
    0x3F, 0x93, 0xC7, 0x72, 0x7A, 0x09, 0x22, 0x3D,
    0x45, 0x78, 0xA9, 0xA8, 0xEA, 0xC9, 0x6A, 0xF7,
    0x29, 0x91, 0xF0, 0x02, 0x18, 0x3A, 0x4E, 0x7C};

    static byte Table3[] = {
    0x73, 0x51, 0x95, 0xE1, 0x12, 0xE4, 0xC0, 0x58,
    0xEE, 0xF2, 0x08, 0x1B, 0xA9, 0xFA, 0x98, 0x4C,
    0xA7, 0x33, 0xE2, 0x1B, 0xA7, 0x6D, 0xF5, 0x30,
    0x97, 0x1D, 0xF3, 0x02, 0x60, 0x5A, 0x82, 0x0F,
    0x91, 0xD0, 0x9C, 0x10, 0x39, 0x7A, 0x83, 0x85,
    0x3B, 0xB2, 0xB8, 0xAE, 0x0C, 0x09, 0x52, 0xEA,
    0x1C, 0xE1, 0x8D, 0x66, 0x4F, 0xF3, 0xDA, 0x92,
    0x29, 0xB9, 0xD5, 0xC5, 0x77, 0x47, 0x22, 0x53,
    0x14, 0xF7, 0xAF, 0x22, 0x64, 0xDF, 0xC6, 0x72,
    0x12, 0xF3, 0x75, 0xDA, 0xD7, 0xD7, 0xE5, 0x02,
    0x9E, 0xED, 0xDA, 0xDB, 0x4C, 0x47, 0xCE, 0x91,
    0x06, 0x06, 0x6D, 0x55, 0x8B, 0x19, 0xC9, 0xEF,
    0x8C, 0x80, 0x1A, 0x0E, 0xEE, 0x4B, 0xAB, 0xF2,
    0x08, 0x5C, 0xE9, 0x37, 0x26, 0x5E, 0x9A, 0x90,
    0x00, 0xF3, 0x0D, 0xB2, 0xA6, 0xA3, 0xF7, 0x26,
    0x17, 0x48, 0x88, 0xC9, 0x0E, 0x2C, 0xC9, 0x02,
    0xE7, 0x18, 0x05, 0x4B, 0xF3, 0x39, 0xE1, 0x20,
    0x02, 0x0D, 0x40, 0xC7, 0xCA, 0xB9, 0x48, 0x30,
    0x57, 0x67, 0xCC, 0x06, 0xBF, 0xAC, 0x81, 0x08,
    0x24, 0x7A, 0xD4, 0x8B, 0x19, 0x8E, 0xAC, 0xB4,
    0x5A, 0x0F, 0x73, 0x13, 0xAC, 0x9E, 0xDA, 0xB6,
    0xB8, 0x96, 0x5B, 0x60, 0x88, 0xE1, 0x81, 0x3F,
    0x07, 0x86, 0x37, 0x2D, 0x79, 0x14, 0x52, 0xEA,
    0x73, 0xDF, 0x3D, 0x09, 0xC8, 0x25, 0x48, 0xD8,
    0x75, 0x60, 0x9A, 0x08, 0x27, 0x4A, 0x2C, 0xB9,
    0xA8, 0x8B, 0x8A, 0x73, 0x62, 0x37, 0x16, 0x02,
    0xBD, 0xC1, 0x0E, 0x56, 0x54, 0x3E, 0x14, 0x5F,
    0x8C, 0x8F, 0x6E, 0x75, 0x1C, 0x07, 0x39, 0x7B,
    0x4B, 0xDB, 0xD3, 0x4B, 0x1E, 0xC8, 0x7E, 0xFE,
    0x3E, 0x72, 0x16, 0x83, 0x7D, 0xEE, 0xF5, 0xCA,
    0xC5, 0x18, 0xF9, 0xD8, 0x68, 0xAB, 0x38, 0x85,
    0xA8, 0xF0, 0xA1, 0x73, 0x9F, 0x5D, 0x19, 0x0B,
    0x00, 0x00, 0x00, 0x00, 0x00, 0x00, 0x00, 0x00,
    0x33, 0x72, 0x39, 0x25, 0x67, 0x26, 0x6D, 0x71,
    0x36, 0x77, 0x3C, 0x20, 0x62, 0x23, 0x68, 0x74,
    0xC3, 0x82, 0xC9, 0x15, 0x57, 0x16, 0x5D, 0x81};

    /*
    * css-cat.c
    *
    * Copyright 1999 Derek Fawcus.
    *
    * Released under version 2 of the GPL.
    *
    * Decode selected sector types from a CSS encoded DVD to stdout. Use as a * filter on the input to mpeg2player or ac3dec.
    *
    */

    #include <stdio.h>
    #include <stdlib.h>
    #if defined(__linux__)
    # include <getopt.h>
    #endif /* __linux__ */
    #include <string.h>
    #include <unistd.h>
    #include <fcntl.h>

    #include "css-descramble.h"

    static struct playkey pkey1a1 = {0x36b, {0x51,0x67,0x67,0xc5,0xe0}};
    static struct playkey pkey2a1 = {0x762, {0x2c,0xb2,0xc1,0x09,0xee}};
    static struct playkey pkey1b1 = {0x36b, {0x90,0xc1,0xd7,0x84,0x48}};

    static struct playkey pkey1a2 = {0x2f3, {0x51,0x67,0x67,0xc5,0xe0}};
    static struct playkey pkey2a2 = {0x730, {0x2c,0xb2,0xc1,0x09,0xee}};
    static struct playkey pkey1b2 = {0x2f3, {0x90,0xc1,0xd7,0x84,0x48}};

    static struct playkey pkey1a3 = {0x235, {0x51,0x67,0x67,0xc5,0xe0}};
    static struct playkey pkey1b3 = {0x235, {0x90,0xc1,0xd7,0x84,0x48}};

    static struct playkey pkey3a1 = {0x249, {0xb7,0x3f,0xd4,0xaa,0x14}}; /* DVD specific ? */ static struct playkey pkey4a1 = {0x028, {0x53,0xd4,0xf7,0xd9,0x8f}}; /* DVD specific ? */


    static struct playkey *playkeys[] = {
    &pkey1a1, &pkey2a1, &pkey1b1,
    &pkey1a2, &pkey2a2, &pkey1b2,
    &pkey1a3, &pkey1b3,
    &pkey3a1, &pkey4a1,
    NULL};

    static unsigned char disk_key[2048];
    static unsigned char title_key[5];

    static unsigned char sector[2048];

    unsigned long sectors = 0;
    unsigned long crypted = 0;
    unsigned long skipped = 0;

    int do_all = 0;
    int do_video = 0;
    int do_ac3 = 0;
    int do_mpg = 0;
    int verbose = 0;
    int keep_pack = 0;
    int keep_pes = -1;

    #define STCODE(p,a,b,c,d) ((p)[0] == a && (p)[1] == b && (p)[2] == c && (p)[3] == d)

    static void un_css(int fdi, int fdo)
    {
    unsigned char *sp, *pes;
    int writen, wr, peslen, hdrlen;

    while (read(fdi, sector, 2048) == 2048) {
    ++sectors;
    if (!STCODE(sector,0x00,0x00,0x01,0xba)) {
    fputs("Not Pack start code\n", stderr);
    ++skipped; continue;
    }

    if (do_all)
    goto write_it;

    pes = sector + 14 + (sector[13] & 0x07);
    if (STCODE(pes,0x00,0x00,0x01,0xbb)) {/* System Header Pack Layer */ peslen = (pes[0x04] << 8) + pes[0x05];
    pes += peslen + 6;
    }

    if (pes[0x00] || pes[0x01] || pes[0x02] != 0x01 || pes[0x03] < 0xbc) { ++skipped; continue;
    }
    peslen = (pes[0x04] << 8) + pes[0x05];
    hdrlen = pes[0x08] + 6 + 3;
    if ((pes[0x03] & 0xf0) == 0xe0) {
    if (do_video)
    goto write_it;
    } else if (do_mpg && pes[0x03] == (0xc0 | (do_mpg - 1))) { /* MPEG Audio */ goto write_it;
    } else if (pes[0x03] == 0xbd) { /* AC3 Audio */
    if (do_ac3) {
    int audiotrack = do_ac3 - 1;
    if (pes[hdrlen] == (0x80|(audiotrack & 7))) {
    hdrlen += 4;
    goto write_it;
    }
    }
    } else
    ++skipped;
    continue;

    write_it:
    if (sector[20] & 0x30) {
    ++crypted;
    css_descramble(sector, title_key);
    sector[20] &= 0x8f;
    }
    writen = 0;
    if (keep_pack)
    sp = sector, peslen = 2048;
    else if (keep_pes)
    sp = pes, peslen = 2048 - (pes - sector);
    else
    sp = pes + hdrlen, peslen -= hdrlen - 6;

    do {
    wr = write(fdo, sp, peslen - writen);
    sp += wr;
    writen += wr;
    } while (wr > 0 && writen < peslen);
    }
    }

    static void usage_exit(void)
    {
    fputs("usage: css-cat [-t title-no] [-m mpeg-audio-no ] [-avPp12345678] vob_file\n", stderr); exit(2);
    }

    static char *title = "1";

    static int parse_args(int ac, char **av)
    {
    int c;
    opterr = 0;
    while (1)
    switch((c = getopt(ac, av, "at:Ppvm:01234567"))) {
    case 'a':
    do_all = 1;
    /* fall through */
    case 'P':
    keep_pack = 1;
    break;
    case 'p':
    keep_pes = 1;
    break;
    case 't':
    title = optarg;
    break;
    case 'v':
    do_video = 1;
    ++keep_pes;
    break;
    case 'm':
    if ((do_mpg = atoi(optarg)) < 1 || do_mpg > 32)
    usage_exit();
    ++keep_pes;
    break;
    case '1': case '2': case '3': case '4':
    case '5': case '6': case '7': case '8':
    do_ac3 = c - '0';
    ++keep_pes;
    break;
    case EOF:
    goto got_args;
    default:
    usage_exit();
    break;
    }

    got_args:

    keep_pes = (keep_pes > 0) ? 1 : 0;

    return optind; }

    int main(int ac, char **av)
    {
    int ai, fd;
    char titlef[12];

    if ((fd = open("disk-key", O_RDONLY)) == -1) {
    perror("can't open disk-key");
    exit(1);
    }
    if (read(fd, disk_key, 2048) != 2048) {
    perror("can't read disk-key");
    close(fd);
    exit(1);
    }
    close(fd);

    if ((ai = parse_args(ac, av)) >= ac)
    usage_exit();

    strcpy(titlef, "title");
    strcat(titlef, title);
    strcat(titlef, "-key");

    if ((fd = open(titlef, O_RDONLY)) == -1) {
    perror("can't open title-key");
    exit(1);
    }
    if (read(fd, title_key, 5) != 5) {
    perror("can't read title-key");
    close(fd);
    exit(1);
    }
    close(fd);

    if (strcmp(av[ai], "-") == 0)
    fd = 0;
    else if ((fd = open(av[ai], O_RDONLY)) == -1) {
    fputs("can't open VOB file ", stderr);
    fputs(av[ai], stderr);
    perror("");
    exit(1);
    }

    if (!css_decrypttitlekey(title_key, disk_key, playkeys)) {
    close(fd);
    return 3;
    }

    un_css(fd, 1);

    fprintf(stderr, "Total %lu, skipped %lu, crvid %lu\n",
    sectors, skipped, crypted);

    close(fd);

    return 0; }

    /*
    * css_descramble.c
    *
    * Released under the version 2 of the GPL.
    *
    * Copyright 1999 Derek Fawcus
    *
    * This file contains functions to descramble CSS encrypted DVD content *
    */

    /*
    * Still in progress: Remove the use of the bit_reverse[] table by recoding * the generation of LFSR1. Finish combining this with * the css authentication code.
    *
    */

    #include <stdio.h>
    #include <string.h>
    #include "css-descramble.h"

    typedef unsigned char byte;

    /*
    *
    * some tables used for descrambling sectors and/or decrypting title keys *
    */

    static byte csstab1[256]=
    {
    0x33,0x73,0x3b,0x26,0x63,0x23,0x6b,0x76,0x3e,0x7e, 0x36,0x2b,0x6e,0x2e,0x66,0x7b, 0xd3,0x93,0xdb,0x06,0x43,0x03,0x4b,0x96,0xde,0x9e, 0xd6,0x0b,0x4e,0x0e,0x46,0x9b, 0x57,0x17,0x5f,0x82,0xc7,0x87,0xcf,0x12,0x5a,0x1a, 0x52,0x8f,0xca,0x8a,0xc2,0x1f, 0xd9,0x99,0xd1,0x00,0x49,0x09,0x41,0x90,0xd8,0x98, 0xd0,0x01,0x48,0x08,0x40,0x91, 0x3d,0x7d,0x35,0x24,0x6d,0x2d,0x65,0x74,0x3c,0x7c, 0x34,0x25,0x6c,0x2c,0x64,0x75, 0xdd,0x9d,0xd5,0x04,0x4d,0x0d,0x45,0x94,0xdc,0x9c, 0xd4,0x05,0x4c,0x0c,0x44,0x95, 0x59,0x19,0x51,0x80,0xc9,0x89,0xc1,0x10,0x58,0x18, 0x50,0x81,0xc8,0x88,0xc0,0x11, 0xd7,0x97,0xdf,0x02,0x47,0x07,0x4f,0x92,0xda,0x9a, 0xd2,0x0f,0x4a,0x0a,0x42,0x9f, 0x53,0x13,0x5b,0x86,0xc3,0x83,0xcb,0x16,0x5e,0x1e, 0x56,0x8b,0xce,0x8e,0xc6,0x1b, 0xb3,0xf3,0xbb,0xa6,0xe3,0xa3,0xeb,0xf6,0xbe,0xfe, 0xb6,0xab,0xee,0xae,0xe6,0xfb, 0x37,0x77,0x3f,0x22,0x67,0x27,0x6f,0x72,0x3a,0x7a, 0x32,0x2f,0x6a,0x2a,0x62,0x7f, 0xb9,0xf9,0xb1,0xa0,0xe9,0xa9,0xe1,0xf0,0xb8,0xf8, 0xb0,0xa1,0xe8,0xa8,0xe0,0xf1, 0x5d,0x1d,0x55,0x84,0xcd,0x8d,0xc5,0x14,0x5c,0x1c, 0x54,0x85,0xcc,0x8c,0xc4,0x15, 0xbd,0xfd,0xb5,0xa4,0xed,0xad,0xe5,0xf4,0xbc,0xfc, 0xb4,0xa5,0xec,0xac,0xe4,0xf5, 0x39,0x79,0x31,0x20,0x69,0x29,0x61,0x70,0x38,0x78, 0x30,0x21,0x68,0x28,0x60,0x71, 0xb7,0xf7,0xbf,0xa2,0xe7,0xa7,0xef,0xf2,0xba,0xfa, 0xb2,0xaf,0xea,0xaa,0xe2,0xff };

    static byte lfsr1_bits0[256]=
    {
    0x00,0x01,0x02,0x03,0x04,0x05,0x06,0x07,0x09,0x08, 0x0b,0x0a,0x0d,0x0c,0x0f,0x0e, 0x12,0x13,0x10,0x11,0x16,0x17,0x14,0x15,0x1b,0x1a, 0x19,0x18,0x1f,0x1e,0x1d,0x1c, 0x24,0x25,0x26,0x27,0x20,0x21,0x22,0x23,0x2d,0x2c, 0x2f,0x2e,0x29,0x28,0x2b,0x2a, 0x36,0x37,0x34,0x35,0x32,0x33,0x30,0x31,0x3f,0x3e, 0x3d,0x3c,0x3b,0x3a,0x39,0x38, 0x49,0x48,0x4b,0x4a,0x4d,0x4c,0x4f,0x4e,0x40,0x41, 0x42,0x43,0x44,0x45,0x46,0x47, 0x5b,0x5a,0x59,0x58,0x5f,0x5e,0x5d,0x5c,0x52,0x53, 0x50,0x51,0x56,0x57,0x54,0x55, 0x6d,0x6c,0x6f,0x6e,0x69,0x68,0x6b,0x6a,0x64,0x65, 0x66,0x67,0x60,0x61,0x62,0x63, 0x7f,0x7e,0x7d,0x7c,0x7b,0x7a,0x79,0x78,0x76,0x77, 0x74,0x75,0x72,0x73,0x70,0x71, 0x92,0x93,0x90,0x91,0x96,0x97,0x94,0x95,0x9b,0x9a, 0x99,0x98,0x9f,0x9e,0x9d,0x9c, 0x80,0x81,0x82,0x83,0x84,0x85,0x86,0x87,0x89,0x88, 0x8b,0x8a,0x8d,0x8c,0x8f,0x8e, 0xb6,0xb7,0xb4,0xb5,0xb2,0xb3,0xb0,0xb1,0xbf,0xbe, 0xbd,0xbc,0xbb,0xba,0xb9,0xb8, 0xa4,0xa5,0xa6,0xa7,0xa0,0xa1,0xa2,0xa3,0xad,0xac, 0xaf,0xae,0xa9,0xa8,0xab,0xaa, 0xdb,0xda,0xd9,0xd8,0xdf,0xde,0xdd,0xdc,0xd2,0xd3, 0xd0,0xd1,0xd6,0xd7,0xd4,0xd5, 0xc9,0xc8,0xcb,0xca,0xcd,0xcc,0xcf,0xce,0xc0,0xc1, 0xc2,0xc3,0xc4,0xc5,0xc6,0xc7, 0xff,0xfe,0xfd,0xfc,0xfb,0xfa,0xf9,0xf8,0xf6,0xf7, 0xf4,0xf5,0xf2,0xf3,0xf0,0xf1, 0xed,0xec,0xef,0xee,0xe9,0xe8,0xeb,0xea,0xe4,0xe5, 0xe6,0xe7,0xe0,0xe1,0xe2,0xe3 };

    static byte lfsr1_bits1[512]=
    {
    0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff, 0x00,0x24,0x49,0x6d,0x92,0xb6,0xdb,0xff,0x00,0x24, 0x49,0x6d,0x92,0xb6,0xdb,0xff };

    /* Reverse the order of the bits within a byte.

    */ static byte bit_reverse[256]=
    {
    0x00,0x80,0x40,0xc0,0x20,0xa0,0x60,0xe0,0x10,0x90, 0x50,0xd0,0x30,0xb0,0x70,0xf0, 0x08,0x88,0x48,0xc8,0x28,0xa8,0x68,0xe8,0x18,0x98, 0x58,0xd8,0x38,0xb8,0x78,0xf8, 0x04,0x84,0x44,0xc4,0x24,0xa4,0x64,0xe4,0x14,0x94, 0x54,0xd4,0x34,0xb4,0x74,0xf4, 0x0c,0x8c,0x4c,0xcc,0x2c,0xac,0x6c,0xec,0x1c,0x9c, 0x5c,0xdc,0x3c,0xbc,0x7c,0xfc, 0x02,0x82,0x42,0xc2,0x22,0xa2,0x62,0xe2,0x12,0x92, 0x52,0xd2,0x32,0xb2,0x72,0xf2, 0x0a,0x8a,0x4a,0xca,0x2a,0xaa,0x6a,0xea,0x1a,0x9a, 0x5a,0xda,0x3a,0xba,0x7a,0xfa, 0x06,0x86,0x46,0xc6,0x26,0xa6,0x66,0xe6,0x16,0x96, 0x56,0xd6,0x36,0xb6,0x76,0xf6, 0x0e,0x8e,0x4e,0xce,0x2e,0xae,0x6e,0xee,0x1e,0x9e, 0x5e,0xde,0x3e,0xbe,0x7e,0xfe, 0x01,0x81,0x41,0xc1,0x21,0xa1,0x61,0xe1,0x11,0x91, 0x51,0xd1,0x31,0xb1,0x71,0xf1, 0x09,0x89,0x49,0xc9,0x29,0xa9,0x69,0xe9,0x19,0x99, 0x59,0xd9,0x39,0xb9,0x79,0xf9, 0x05,0x85,0x45,0xc5,0x25,0xa5,0x65,0xe5,0x15,0x95, 0x55,0xd5,0x35,0xb5,0x75,0xf5, 0x0d,0x8d,0x4d,0xcd,0x2d,0xad,0x6d,0xed,0x1d,0x9d, 0x5d,0xdd,0x3d,0xbd,0x7d,0xfd, 0x03,0x83,0x43,0xc3,0x23,0xa3,0x63,0xe3,0x13,0x93, 0x53,0xd3,0x33,0xb3,0x73,0xf3, 0x0b,0x8b,0x4b,0xcb,0x2b,0xab,0x6b,0xeb,0x1b,0x9b, 0x5b,0xdb,0x3b,0xbb,0x7b,0xfb, 0x07,0x87,0x47,0xc7,0x27,0xa7,0x67,0xe7,0x17,0x97, 0x57,0xd7,0x37,0xb7,0x77,0xf7, 0x0f,0x8f,0x4f,0xcf,0x2f,0xaf,0x6f,0xef,0x1f,0x9f, 0x5f,0xdf,0x3f,0xbf,0x7f,0xff };

    /*
    *
    * this function is only used internally when decrypting title key
    *
    */
    static void css_titlekey(byte *key, byte *im, byte invert)
    {
    unsigned int lfsr1_lo,lfsr1_hi,lfsr0,combined;
    byte o_lfsr0, o_lfsr1;
    byte k[5];
    int i;

    lfsr1_lo = im[0] | 0x100;
    lfsr1_hi = im[1];

    lfsr0 = ((im[4] << 17) | (im[3] << 9) | (im[2] << 1)) + 8 - (im[2] &7); lfsr0 = (bit_reverse[lfsr0&0xff]<<24) | (bit_reverse[(lfsr0>>8)&0xff] << 16) | (bit_reverse[(lfsr0>>16)&0xff]<<8) | bit_reverse[(lfsr0>>24) &0xff];

    combined = 0;
    for (i = 0; i < 5; ++i) {
    o_lfsr1 = lfsr1_bits0[lfsr1_hi] ^ lfsr1_bits1[lfsr1_lo];
    lfsr1_hi = lfsr1_lo>>1;
    lfsr1_lo = ((lfsr1_lo&1)<<8) ^ o_lfsr1;
    o_lfsr1 = bit_reverse[o_lfsr1];

    /*o_lfsr0 = (lfsr0>>7)^(lfsr0>>10)^(lfsr0>>11)^(lfsr0>>19);*/ o_lfsr0 = (((((((lfsr0>>8)^lfsr0)>>1)^lfsr0)>>3)^lfsr0)>>7); lfsr0 = (lfsr0>>8)|(o_lfsr0<<24);

    combined += (o_lfsr0 ^ invert) + o_lfsr1;
    k[i] = combined & 0xff;
    combined >>= 8;
    }

    key[4]=k[4]^csstab1[key[4]]^key[3];
    key[3]=k[3]^csstab1[key[3]]^key[2];
    key[2]=k[2]^csstab1[key[2]]^key[1];
    key[1]=k[1]^csstab1[key[1]]^key[0];
    key[0]=k[0]^csstab1[key[0]]^key[4];

    key[4]=k[4]^csstab1[key[4]]^key[3];
    key[3]=k[3]^csstab1[key[3]]^key[2];
    key[2]=k[2]^csstab1[key[2]]^key[1];
    key[1]=k[1]^csstab1[key[1]]^key[0];
    key[0]=k[0]^csstab1[key[0]];
    }

    /*
    *
    * this function decrypts a title key with the specified disk key
    *
    * tkey: the unobfuscated title key (XORed with BusKey)
    * dkey: the unobfuscated disk key (XORed with BusKey)
    * 2048 bytes in length (though only 5 bytes are needed, see below) * pkey: array of pointers to player keys and disk key offsets
    *
    *
    * use the result returned in tkey with css_descramble
    *
    */

    int css_decrypttitlekey(byte *tkey, byte *dkey, struct playkey **pkey)
    {
    byte test[5], pretkey[5];
    int i = 0;

    for(; *pkey; ++pkey, ++i) {
    memcpy(pretkey, dkey + (*pkey)->offset, 5); css_titlekey(pretkey, (*pkey)->key, 0);

    memcpy(test, dkey, 5);
    css_titlekey(test, pretkey, 0);

    if (memcmp(test, pretkey, 5) == 0) {
    fprintf(stderr, "Using Key %d\n", i+1);
    break;
    }
    }

    if (!*pkey) {
    fprintf(stderr, "Shit - Need Key %d\n", i+1);
    return 0;
    }

    css_titlekey(tkey, pretkey, 0xff);

    return 1; }

    /*
    *
    * this function does the actual descrambling
    *
    * sec: encrypted sector (2048 bytes)
    * key: decrypted title key obtained from css_decrypttitlekey
    *
    */
    void css_descramble(byte *sec,byte *key)
    {
    unsigned int lfsr1_lo,lfsr1_hi,lfsr0,combined;
    unsigned char o_lfsr0, o_lfsr1;
    unsigned char *end = sec + 0x800;
    #define SALTED(i) (key[i] ^ sec[0x54 + (i)])

    lfsr1_lo = SALTED(0) | 0x100;
    lfsr1_hi = SALTED(1);

    lfsr0 = ((SALTED(4) << 17) | (SALTED(3) << 9) | (SALTED(2) << 1)) + 8 - (SALTED(2)&7);

    lfsr0= (bit_reverse[lfsr0&0xff]<<24) | (bit_reverse[(lfsr0> >8)&0xff] << 16) | (bit_reverse[(lfsr0>>16)&0xff]<<8) | bit_reverse[(lfsr0>>24) &0xff];

    sec+=0x80;
    combined = 0;
    while (sec != end) {
    o_lfsr1 = lfsr1_bits0[lfsr1_hi] ^ lfsr1_bits1[lfsr1_lo];
    lfsr1_hi = lfsr1_lo>>1;
    lfsr1_lo = ((lfsr1_lo&1)<<8) ^ o_lfsr1;
    o_lfsr1 = bit_reverse[o_lfsr1];

    /*o_lfsr0 = (lfsr0>>7)^(lfsr0>>10)^(lfsr0>>11)^(lfsr0>>19);*/ o_lfsr0 = (((((((lfsr0>>8)^lfsr0)>>1)^lfsr0)>>3)^lfsr0)>>7); lfsr0 = (lfsr0>>8)|(o_lfsr0<<24);

    combined += o_lfsr0 + (byte)~o_lfsr1;
    *sec++ = csstab1[*sec] ^ (combined&0xff);
    combined >>= 8;
    }
    }

    /*
    * A noddy program for getting and printing some info from the
    * DVD-ROM drive.
    */

    #include <stdio.h>
    #include <fcntl.h>
    #if defined(__OpenBSD__)
    # include <sys/dvdio.h>
    #elif defined(__linux__)
    # include <linux/cdrom.h>
    #else
    # error "Need the DVD ioctls"
    #endif
    #include <sys/ioctl.h>
    #include <errno.h>

    #define DVD "/dev/cdrom"

    int GetASF(int fd)
    {

    dvd_authinfo ai;

    ai.type = DVD_LU_SEND_ASF;
    ai.lsasf.agid = 0;
    ai.lsasf.asf = 0;

    if (ioctl(fd, DVD_AUTH, &ai)) {
    printf("GetASF failed\n");
    return 0;
    }

    printf("%sAuthenticated\n", (ai.lsasf.asf) ? "" : "not ");

    return 1; }

    int GetPhysical(int fd)
    {
    dvd_struct d;
    int layer = 0, layers = 4;

    d.physical.type = DVD_STRUCT_PHYSICAL;
    while (layer < layers) {
    d.physical.layer_num = layer;

    if (ioctl(fd, DVD_READ_STRUCT, &d)<0)
    {
    printf("Could not read Physical layer %d\n", layer); return 0;
    }

    layers = d.physical.layer[layer].nlayers + 1;

    printf("Layer %d[%d]\n", layer, layers);
    printf(" Book Version: %d\n", d.physical.layer[layer].book_version); printf(" Book Type: %d\n", d.physical.layer[layer].book_type); printf(" Min Rate: %d\n", d.physical.layer[layer].min_rate); printf(" Disk Size: %d\n", d.physical.layer[layer].disc_size); printf(" Layer Type: %d\n", d.physical.layer[layer].layer_type); printf(" Track Path: %d\n", d.physical.layer[layer].track_path); printf(" Num Layers: %d\n", d.physical.layer[layer].nlayers); printf(" Track Density: %d\n", d.physical.layer[layer].track_density); printf(" Linear Density: %d\n", d.physical.layer[layer].linear_density); printf(" BCA: %d\n", d.physical.layer[layer].bca); printf(" Start Sector %#x\n", d.physical.layer[layer].start_sector); printf(" End Sector %#x\n", d.physical.layer[layer].end_sector); printf(" End Sector L0 %#x\n", d.physical.layer[layer].end_sector_l0);

    ++layer; }

    return 1; }

    int GetCopyright(int fd)
    {

    dvd_struct d;

    d.copyright.type = DVD_STRUCT_COPYRIGHT;
    d.copyright.layer_num = 0;

    if (ioctl(fd, DVD_READ_STRUCT, &d)<0)
    {
    printf("Could not read Copyright Struct\n");
    return 0;
    }

    printf("Copyright: CPST=%d, RMI=%#02x\n", d.copyright.cpst, d.copyright.rmi);

    return 1; }

    int main(int ac, char **av)
    {
    int fd;
    char *device = DVD;

    if (ac > 1)
    device = av[1];

    fd = open(device, O_RDONLY | O_NONBLOCK);

    if (fd < 0) {
    printf("unable to open dvd drive (%s).\n", device);
    return 1;
    }

    GetASF(fd);

    GetPhysical(fd);
    GetCopyright(fd);

    return 0; }

    /*
    * A noddy program which tries to reset all AGID's on the DVD-ROM drive. */

    #include<stdio.h>
    #include<fcntl.h>
    #if defined(__OpenBSD__)
    # include <sys/dvdio.h>
    #elif defined(__linux__)
    # include <linux/cdrom.h>
    #else
    # error "Need the DVD ioctls"
    #endif
    #include<sys/ioctl.h>
    #include<errno.h>

    static int fd;

    #define DVD "/dev/cdrom"

    int main(int ac, char **av)
    {
    dvd_authinfo ai;
    char *device = DVD;
    int i;

    if (ac > 1)
    device = av[1];

    fd = open(device, O_RDONLY | O_NONBLOCK);

    if (fd < 0) {
    printf("unable to open dvd drive (%s).\n", device);
    return 1;
    }

    for(i = 0; i < 4; i++) {
    memset(&ai, 0, sizeof(ai)); ai.type = DVD_INVALIDATE_AGID; ai.lsa.agid = i; ioctl(fd, DVD_AUTH, &ai);

    }

    return 0; }

  18. I guess I am Priate by jackb_guppy · · Score: 1

    I like Weird Al's site sagabegins.com and the others that have streaming. I nice way to test if the T1 is realy working.

    I guess those site need to be blocked by a netnanny.

  19. Four little words by Anonymous Coward · · Score: 2

    Four little words
    How the record industry used a tiny legislative amendment to try to steal recording copyrights from artists -- forever.

    - - - - - - - - - - - -
    By Eric Boehlert

    Aug. 28, 2000

    Four little words

  20. Don't Do what Donny Don't Does by gunner800 · · Score: 2
    The inclusion of a quote from the RIAA brings up a good point. As we grumble and make our arguments (of varying quality), let's not fall into the same trap we accuse so many others of by relying on a small set of information sources that favor "our side".

    Go to riaa.org and read their side. Yes, it's mostly propaganda, but in a way so are the stories we get here.

    Once again, for good measure: gratuitous link.


    My mom is not a Karma whore!

  21. Uncentralized Napster by quecom · · Score: 1

    Like a network of irc servers, there must be some Pier-to-Pier replacement for napster?

    If each user on the napster server could also be a server, then there would be no way that they could "Shut it down".

    Also, I think that napster should be protected by the same law that protects ISPs from users who infringe on copywrites.

    --

    1. Re:Uncentralized Napster by La0tsu · · Score: 1

      Pier-to-Pier? Now we're reeally getting into piracy!

  22. Educate Them! History repeats itself, ask ASCAP by di'jital · · Score: 4

    In 1922, the American Society of Composers, Authors and Publishers (ASCAP) felt gravely threatened by a newfangled technology called 'Radio', which they saw as a threat to their once lucrative profit streams.

    Initially, ASCAP threatened to prosecute radio stations for playing their music, but eventually realised that they could not combat the rise of this 'Radio'. Instead they tried to milk it by setting up huge royalty fees (about $5000) to dissuade smaller stations and profit from larger ones.

    In 1923 the radio stations banded together to fight ASCAP and formed BMI (Broadcast Music Incorporated) to try and break the monopoly ASCAP held over almost all recorded music.

    At the time all the big sellers (the metallicas of this world) were with ASCAP, but BMI signed strange new artists with newfangled sounds like 'Rock n Roll' and 'R&B'. ASCAP arrogantly increased their royalties by 70% to try and kill off radio.

    During the depression radio had a boom, and ASCAP brought in the lawsuits, in the infamous Waring case taking a radio station to the supreme court.

    Instead of dying, radio thrived as a channel for this Rock n Roll sound, championed by popular personality DJs like Alan Freed and supported by lurative advertising. BMI's artists profited immensley and gained for the first time a huge amount of worldwide attention as their music was broadcast around.

    I'll let you guess what happened from there on in. Feel free to draw parallels.

    1. Re:Educate Them! History repeats itself, ask ASCAP by skoda · · Score: 3

      While the history of the music biz' fear of radio is shows that htey haven't changed their basic attitude over the years, I don't think it necessarily provides a strong argument for a pro-Napster stance.

      Radio, at least currently, plays a song or two from a new CD, chosen by the . It's played at random times during the day. The selection of songs from an artist's collection is very small. Finally, only the most popular songs continue to be played past a year or two.

      Thus, radio serves as a commerical for musicians' full recordings. The listener hears whole and partial songs of random artists throughout the day. But if the listener really likes a song, radio does little to meet their desire. To hear it at their desire, they must purchase it. Radio is just a large demo system, providing snippets of an artist's work, and hopefully enticing people to buy the full recordings.

      Contrast to Napster et. al.: There is no "tease"; they just put out. The listener can acquire the entire selection of music they want, making irrelevant the retail version. Whereas radio is a commerical, unsanctioned online distributions are full-fledged providers, doing an end-run around the stores, artists, and music companies. This is quite different from radio.

      Radio whets your desire. Napster satisfies it. The musician is left holding the bag.
      -----
      D. Fischer

    2. Re:Educate Them! History repeats itself, ask ASCAP by skoda · · Score: 1

      I originally addressed this argument, but then edited it out. I guess I should have left it it.

      "I can copy music off the radio" -- this is true

      "just as easily and "have my desire satisfied"" -- this is not accurate. To copy music from the radio you must:
      - have the radio constantly, tape ready, finger poised to hit "record" at the first notes of a song you like. Still, you will miss out the first couple seconds. And most DJs talk over the start of a song, or end of a song when it opens or closes a set.

      - or, you bulk an entire tape at a time. Since most stations' play lists are pathetically short, a 90 minute tape would likely get 85% of their playlist for the day. Of course, you must then edit that tape, copying the specific songs you want. Worse, you're probably using casette tape, so your "listen-to" version is 2nd generation already.

      - Finally, you can only get the songs played on the radio. If you want the artist's full album, you still must buy it. Given the time it takes to acquire a few specific singles from the radio on casette, possibly with DJ talk-overs, and even shortened radio versions, and maybe with imperfect reception, most people would rather just spend the $14 and buy the CD. Their time is worth far more than that.

      With Napster, you select songs, download, done. This is radically different from the current situation with the radio.
      -----
      D. Fischer

  23. I may be wrong but... by Xoron · · Score: 2

    They define piracy as copying...

    But doesn't "fair use" state that you can copy both for your own backup or to transer to a seperate medium as long as you don't listen to more than one at one time. Thus you can copy your CD's to Tapes (And MP3s) as long as you don't give them to someone else. In fact, even putting them up on your webserver should be legal, as it's just the same as showing someone (not playing mind you, just showing) a cassette tape or CD. They're the ones who are clicking download (which is when the copying actually takes place).

    Hmmm, maybe they should sue the makers of all tape recorders, cd burners, and anything else that actually can be used to create copies.

  24. Re:Covering all possible bases by Anonymous Coward · · Score: 1

    Go take a look at Microsoft's software liscense agreements.

    The record companies tried the pull the same shit wrt used CD stores, but they got (rightfully) shot down.

  25. just FTP? by unformed · · Score: 1

    hell, if you're gonna ban the FTP protocol...you might as well ban computers, since if it wasn't for 'puters, we couldn't be making illegal recordings anyways... and then sue Microsoft for creating Windows which made computers popular... don't forget AOL since they essentially brought the internet to everyone's computers... AOL also owns Winamp, which is the primary mp3 player used on Windows also sue all the CDR hardware/software manufacturers for making it possible to create audio CDs from mp3s... hell, while at it, ehy not make it even more pathetic: sue radio stations for overplaying music and hence making it popular, and in effect increasing the chances it would be illegally pirated ...the phone companies for creating faster internet access, which has resulted in much higher-quality mp3s being transferred, for full cd-quality sound (and no, 128k is not cd-quality sound) each and every website that has the word "mp3" on it (if the MPAA can sue against the First Amendment, why the hell can't the RIAA?) hey, and why not sue me, for defamatory comments? Fuck you MPAA/RIAA/Big Business.... When you begin protecting copyrights for the benefit of the artist, go sue, and i'll be on your side...but until that happens, not only are mp3 users against you, but many bands too (ie: Courtney Love, Radiohead, to name a few)... Let artists keep their copyrights (it's not work-for-hire) and then defend the rights, or at least give them some (a fair amount) of the winnings from the lawsuits you win.. my $.03

    1. Re:just FTP? by Munelight · · Score: 1

      Can we ban Al Gore for creating the internet in the first place? :-)

  26. The So-Called Online Piracy Scourge vs. CD Sales by Self+Bias+Resistor · · Score: 2

    I just don't get it. I really don't see what the problem is with Napster. Setting aside all the legal bullshit, the main fear of the RIAA and the Big Five is the loss of control over distribution. If the Big Five have less control over distribution, then they have less power to set and control price levels (which I might add is still considered perfectly legal). The reason that you pay AU$30 for a CD is not because it costs that much to make or that the artist gets even a tiny fraction out of it. It's because the only way you can get it is through a long chain of distributors, stores and other assorted middlemen all taking a piece of the big money pie. The artist doesn't get jackshit and the record companies get fat off the profits.

    This is EXACTLY the reason why the rise of MP3 was so rapid. Suddenly, you could get music for FREE! Now the RIAA and the Big Five are complaining that MP3 means lost music sales. This is bullshit and a smokescreen for the distribution control agenda outlined above. Research shows that despite online piracy music sales have increased. Did you hear that you greedy fat-ass music executive leech? Increased! MP3 has allowed music lovers to experience more kinds of music, therefore increasing their range of tastes and subsequent need to buy.

    Which makes the whole fear of nobody paying for music seem kinda silly doesn't it?

    Self Bias Resistor
    "The human brain is like an enormous fish. It's grey, slimy and has gills through which it can see." -Monty Python

    --

    ----------
    When the pin is pulled, Mr. Grenade is no longer our friend.

  27. Blame it on the rain... by alsta · · Score: 2

    I once saw a TV show where a peace officer interviened in a shootout. The policeman got hurt and is now suing the perpetrator, AS WELL as the company that manufactured the weapon that hurt him. But the cop's weapon was OK? Blaming Napster for users committing piracy would be correct. Blaming Napster for what their users do, is rather stupid. The RIAA does in fact endorse CD distributions. Well, these are extremely easy to copy. Well, why doesn't the RIAA sue Sony, Panasonic, Plextor, Mitsumi and all the other myriads of CD-R manufacturers? In my opinion, the RIAA should be sued by the government a la Microsoft. Antitrust and monopoly. However, how does one boycott the RIAA? Not working for them? That may hurt them in the long run, but there will always be MCSE's that like fortune and glory. Can we stop buying CD's and just rip off the various artists out there? Sure, but that's not right either... As long as the RIAA is allowed to exist in the form it does today, it will roam free like a beast on a rampage. And YOU, my friend, will be watching... "Wars are won by politicians and lost by innocents" von Clausewitz

    --
    Wealth is the product of man's capacity to think. -Ayn Rand
  28. Funny isn't this... by dead+sun · · Score: 1

    What the entire lawsuit is trying to decide? I don't think that just because they say so its neccessarily illegal.

    --
    If not now, when?
  29. Get it over with by craw · · Score: 3
    I've really haven't been involved in most of the discussion about the RIAA and MPAA, Napster, and DeCSS. But I have followed many of the legal issues and have tried to learn from them. You don't have to be an attorney to get a good sense of the issues that are involved.

    The key issue is one of fair use. This murky item will eventually have to be resolved by the higher courts. I say, get this lower court ruling out of the way. Let's go to the next level. It's going to happen regardless of what ruling the lower court issues.

    Another key issue is intent. This is Napster's stumbling block at this time. Can a legitimate use of this technology be identified? Yes. Is this solely for the purposes of circumventing copyright laws? No. Find a serious legitimate use, then this case will be eventually tossed out as it infringes on rights. The problem with napster, is that it is a business plan at this time is dubious. Things like gnutella are not.

    DeCSS is also in this realm. Find any sort of legitimate use, then the courts will eventually toss out the case. The technology cannot be banned.

    All of this is intramural football in the absence of a Supreme Court ruling. There is an important election (actually all elections are important) that is coming up. Choose wisely. Remember, the next President may nominate the Supreme Court Justice that casts the deciding vote on these issues. We do not want another Scalia and his lap-dog Thomas deciding these issues.

    1. Re:Get it over with by RickHunter · · Score: 1

      Actually, I think that during the 2600 trial, they brought Jon Johnson (sp?) in to testify as to the legitimate uses of DeCSS and the reason's he'd originally written it. I think they brought in a bunch of others associated with it in similar ways. The judge brushed off the claims as insubstantial and unimportant (effectively accusing all the witness of perjury, but he didn't go quite that far) and proceeded to rule against 2600 because they were a bunch of "hackers."

      Hopefully, one of the higher courts will be more impartial. I agree with you that the legitimate use is what's going to win. Heck, "we" might even get a judge that didn't (however indirectly) work for the plaintiffs!

      Oh, and the MPAA doesn't care. They recently filed suit against the writer of an open-source Linux DVD player. If that's not a legitimate use, what is?


      -RickHunter
  30. Not merely a definition of terms by gotan · · Score: 3

    While this at first looks like a simple definition of terms it's more then that. The fourth 'definition' is a good example:

    4. Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of 'streaming' technologies from the Internet."

    Here the term 'license violation' or 'unauthorised uploading' is replaced with a much stronger term 'Online piracy' including all the prejudices that come with the term 'piracy'. Note the comparatively harmless sound (since we are already used to it) of 'Bootleg'.

    I really wonder who cooked up these terms, internet piracy is not common language yet and so i wouldn't accept that term were i the defense. The RIAA members surely wouldn't like to be called 'social parasites' throughout the process, 'just for 'convenience sake', and no, 'social parasite' wouldn't be an abuse, merely a definition.

    Interestingly while pretending to provide 'clear terms and definitions' they then proceed to make it vague by including "certain uses of `streaming' technologies" as if 'uploading' wasn't already very inprecise to start with.

    Why didn't they use a definition like "providing unauthorized public access to copyrighted music via the internet". That would be a much clearer definition. But i think they want to get an exemplary case which they then can further extend and apply to other forms of music exchange via the net (is it also forbidden to send a music-file to a friend, maybe even one i got of one of his own CD's?).

    As long as they don't redefine 'uploading' or 'streaming' their term 'internet piracy' doesn't apply at all to napster. The music files aren't 'uploaded' to some central server, they are copied peer to peer (the only thing that is 'uploaded' is a list of names), and the copying process is a simple file transmission via the internet and wouldn't be termed 'streaming'. The only 'uploading' of music files that takes place is the copying of music on a personal PC which may well be 'authorized use' if a person chooses to use his PC as a CD player (in about ten years time you probably can't clearly distinguish between PC and CD-player anyway).

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    1. Re:Not merely a definition of terms by daBum · · Score: 1
      But i think they want to get an exemplary case which they then can further extend and apply to other forms of music exchange via the net

      Microsoft's policies (embrace and extend) worked so well, the RIAA decided they should try them....

      Why does this worry me?

      --
      I am dyslexia of borg - your ass will be laminated.
  31. arg by ArchieBunker · · Score: 1

    Why not try to change laws you don't like instead of blatantly breaking them? It doesn't make your case look good. Thats the same as killing a bunch of people in protest of murder laws.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  32. Re:riaa... kind of like yogurt by erotus · · Score: 1

    You have a good point here. I make yogurt at home. I go and buy a little container of dannon which contains live yogurt cultures. I then use that dannon yogurt as my starter to make large quantities of my own yogurt. Once the cycle is started I can continue to use a little bit of my own left over yogurt as the starter for the next batch. I know people that have kept making new yogurt from the left over yogurt of previous batches for 5 years. That's a hell of a lot of yogurt not purchased! However, that is a lot of milk that IS purchased.

    I have taught some friends of mine to do this as well. We buy more milk than most people but we buy don't need to buy yogurt anymore. Here are my questions:

    Am I unlawfully duplicating this yogurt? I can make copy after copy metaphorically speaking. Is dannon going to sue me if I post a recipe of how to make yogurt - DeCSS anyone? Will I be facilitating the unlawful duplication of lactobacillus acidophilus cultures? Maybe linking to "make your own yogurt" web sites will get me into trouble. The world we live in is becoming a befuddled mess!

  33. Re:Covering all possible bases by JCCyC · · Score: 1
    This is all the more reason to support independant musicians and non RIAA affiliated labels (*ahem* http://www.staticengine.com *ahem*).

    Okay, let's see. I went to their site (forwards to mp3.com actually) and right now I'm downloading Encrypt/Decrypt. 61% done...

    (sits idly waiting for remaining 39%)

    (Completed. Plays song...)

    (hearing song) Hey it's good! Kinda "Depeche Mode Meets The Matrix". Go for it people. You know, I could get used to acquiring all my new music this way. I knew those Tux CDRs I bought from Copyleft would be useful some day. ;-P

  34. Regulating the Internet... by sheldon · · Score: 4

    I have a feeling that we as a society have been down this path before, and we fail to learn from our history.

    Prior to the invention of the movable type printing press, in order to copy a book or other paper it required someone sitting down with a pen and paper and doing it by hand.

    Prior to this technology it was very difficult to mass produce literature, and as such books were incredibly rare and expensive.

    I guess the point is, the copyright laws were pretty much created to combat the problems the new technology generated. Do you think now that there is new technology that makes it even easier to copy books or music the laws will not be strengthened rather than removed?

    It is not unthinkable as we start to flesh out the problems of the Internet that we will see more police involvement. There have been reports of huge problems with pedophilia, identity theft, fraud, breaking into systems, etc. over the years. The Internet is drawing attention to itself, and many people are outraged by the stories they hear.

    Your claim that it can't be stopped is rather naive. As our country grew westward in the 19th century we had bad people doing bad things and getting away with it, also thinking that they could not be stopped because the land was so wide and they could hide easily.

    That obviously changed as the land became more populated, and tax dollars were spent hiring law enforcement officers.

    The Internet will most likely evolve in a similar fashion.

    As far as the issue there are with crossing nation borders, those can be dealt with as well by cooperation between police agencies. The same technology that connects citizens can also be used to connect police agencies. Perhaps the need for such enforcement will result in cooperation and a world government.

    It's hard to say... There's a whole future ahead of us. There aren't very many people who want to live in a lawless anarchy, and as such our society will adapt to bring order to the chaos, or at least try to.

    1. Re:Regulating the Internet... by Detritus · · Score: 2
      The history of English copyright law doesn't seem to have much to do with the rights of authors. The Crown was interested in exerting control over a limited group of publishers to suppress subversive literature. The publishers wanted exclusive rights to publish books that they had purchased, and to make big piles of money. The only money an author received was when he sold his manuscript to a publisher.

      I've read of similar situations in other European countries. The governments wanted to control what was published and the publishers wanted protection from competition.

      --
      Mea navis aericumbens anguillis abundat
    2. Re:Regulating the Internet... by revscat · · Score: 1

      I guess the point is, the copyright laws were pretty much created to combat the problems the new technology generated. Do you think now that there is new technology that makes it even easier to copy books or music the laws will not be strengthened rather than removed?

      Well, I hope they will be changed rather than strengthened. As far as I can tell, the RIAA and their allies are primarily--almost exclusively--concerned with maintaining distributive control over works they hold under copyright. This is in their best financial interest, and is wholly understandable, both economically and legally.

      The huge wrench in the works here is the existence of systems which take away their ability to control distribution. There are trends that lead me to believe that this sharing will only become more widespread:

      Spread of higher-speed lines such as DSL, cable, and satellite broadband

      Popularization of "traceless" peer-to-peer sytems such as Freenet and Publius. (It is fascinating to note that the latter was produced by AT&T Labs)

      Widespread and increasing dissatisfaction, both from artists and consumers, with the music industry for various reasons

      Commonplace availability of MP3 rippers, encoders, and players.

      Karma [unprovable]

      It is interesting to note that even with millions of people out there swapping terabytes of MP3s everyday for over a year now, the memebers of the RIAA continue to report increased sales and profits. This further serves to undermine any argument that these systems are causing them financial harm.

      -Rev.
    3. Re:Regulating the Internet... by jms · · Score: 5
      Here is a superb, although somewhat densely written essay by L. Ray Patterson, Professor of Law at the University of Georgia, detailing the history of copyright from 1556 through the present, with respect to what the phrase "the exclusive Right" in the U.S. Constitution means, and discussing the problems with modern copyright law -- the same problems that are discussed here on a daily basis, but with a historical perspective that is largely missing in these threads.

      As Detritus said, Copyright was originally created to promote censorship and create a publishing monopoly. English copyright was perpetual, and only publishers were granted copyright -- not authors. A publisher could take any text he wanted to, even a public domain text, publish it, and claim exclusive copyright. Copyright at this time was completely understood to be a monopoly for the sole benefit of book publishers, and not an instrument of social progress.

      In 1664, support for this system waned, and the laws were allowed to expire. To simplify the story, seeking to regain their monopoly, the book publishers tried a new tactic -- promoting copyright instead as an instrument to benefit authors. The resulting 1710 law, the Statute of Anne, was the first copyright law that recognized, in a limited form, the authors of a work as the proper beneficiary of copyright, not the publisher. United States copyright law is based on this principle.

      I'm including two somewhat lengthy quotes from the paper, both to encourage people to read it, and because it sheds light on many of the hottest current copyright issues -- the behavior of the MPAA and RIAA in relationship to artists and with respect to copyright on the internet, the DMCA, and the emerging systems of "pay per use" for printed materials -- i.e. digital books that charge you to read them.
      The freedom to learn is a natural-law right and the materials of learning are a necessary condition for the exercise of that right. Even if we say copyright has a natural-law basis, the benefit to the author is a reward to induce the author to make his or her writings public so that others may enjoy their natural-law right of learning. Copyright thus is, and can be, only a positive-law concept, for only a positive-law concept can serve to mediate two natural-law rights.

      The Copyright Clause makes the point by recognizing the natural-law right of the people to learn as well as the natural-law right of the author to gain a profit. Thus, we come to the fundamental point. Copyright, whatever its basis, cannot co-exist as a natural-law right in a society where learning is a natural-law right and the public domain has a natural-law basis. Therefore, American copyright must be-as the framers intended-a positive-law concept, a legislative grant of limited rights conditioned on the author's making his or her writing available to the public. This principle was acknowledged in the Resolution of the Continental Congress, implied in the Copyright Clause, and adopted by the United States Supreme Court in Wheaton. This is why the copyright statutes do "not provide for the continuation of the common-law [i.e., natural-law] right, but under constitutional authority, created a new [statutory] right." The most important natural-law right of the Copyright Clause is not the right of the author to gain a profit, but the right of the people to learn: The future of a society is determined by the learning of its citizens.
      The second quote is a little bit off topic for this thread, but it addresses the question as to what is wrong with laws like the DMCA that grant publishers the right to control the use of copyrighted works after publication:
      The separation principle-the copyright and a copy of the work are separate legal entities subject to separate ownership, and both are separate from the work, which can be owned by no one-is a corollary of the limited-grant principle. The Supreme Court's most famous statement of this principle is found in Baker v. Selden,[72] which established the rule that copyright cannot protect ideas, and therefore the copyright is separate from the work. The Supreme Court's most definitive statement of the separation principle was, however, in American Tobacco Co. v. Werckmeister, in which the Court said that it was not the "physical thing created (the copy), but the right of printing, publishing, copying, etc., which is within statutory protection."

      The crucial relevance of the separation principle is that no one can own the work. The copyright of a work and a copy of that work can be owned by different persons, and this difference in ownership is the essence of copyright. As the Supreme Court in Werckmeister stated, copyright "grows out of the recognition of the separate ownership of the right of copying from that which inheres in the mere physical control of the thing itself." Thus, the copyright and the copy in which the work is embodied "are distinct subjects of property, each capable of existing and being owned and transferred independent of the other."

      The separation principle is thus fundamental to copyright law. The principle tells courts (and copyright owners) to distinguish: (1) the existence of the copy from the existence of the copyright; (2) the ownership of the copy from the ownership of the copyright; and (3) the use of the copy from the use of the copyright. These distinctions flow from the fact that copyright is an instrument to encourage copyright owners to distribute copies of the work in order to promote learning, not an instrument to control use of the copies after they have been distributed.
      The publishing industries are attempting, through the DMCA, to reverse 300 years of copyright progress -- to return to copyright as an instrument to enforce publishing monopolies, instead of an instrument to promote learning by providing an incentive for authors to create a public benefit by openly publishing copies of the works they create. Hence the creation of inaccurate, misleading terms like "copyright protection."

      Once again, I highly recommend taking the time to read the paper.

      - John
  35. Radio Recording Illegal? by Zordak · · Score: 1

    >>Bootleg recordings (or underground recordings) are the unauthorized recordings of a live concert, or a musical broadcast on radio or television.

    Although I know concerts and live performances are off limits, I always thought it was legal to record off of the TV or Radio. Am I wrong? Or has the Non-Entertainment cartel just changed the rules on us? Or are they just lying? Not that I really have a great desire to record the ssu-re-gi they play on the radio anyway, but it was always comforting to at least know I could if I wanted to.

    Do not teach Confucius to write Characters

    --

    Today's Sesame Street was brought to you by the number e.
  36. Let's work for the artists instead... by erotus · · Score: 4

    ...or rather let the artists and the open source community work together to create a an electronic marketplace that does not involve the riaa. I read an interesting article on osopinion.com that really intrigues me. I have posted a few quotes from the article to give you an idea of the possible future. I highly encourage you to read the original article - Here is the link in plain text(I wouldn't want to break any laws):-)

    http://www.osopinion.com/Opinions/DavidNimmons/D avidNimmons1.html

    Mr. Nimmons basically says open source has the answer. Mr. Nimmons speaks of "a foundation run by musicians for musicians, will exist for the sole purpose of supporting musicians, providing the infrastructure and services presently supplied by the record companies." Secondly, Mr. Nimmons also states "By collaborating with the free software community, the foundation will provide the music community with an electronic marketplace to sell their work and services directly to consumers."

    He concludes, "We,the free software community, help the music community establish an electronic marketplace and they pay us a portion of their proceeds to run and maintain the system and also to fund future development of software specific to their needs." I believe this man has an answer to a problem that could be beneficial, both financially and socially, to artists and the open source community. Fellow open source followers, here is our chance to do away with the riaa and to free the artists from the clutches of greedy corporations... let's jump on this opportunity!

  37. What's next is doomed as well. :) by sheldon · · Score: 3

    We've always had this idea of distributed sharing on the internet for as long as I've been connected... since the late 1980's anyway.

    They were called FTP sites. Later we had fsp, and then after that came the Web.

    These technologies worked great except that nobody knew you existed unless you advertised. From that concept came the directory services... WAIS and then later yahoo, lycos, altavista, etc.

    Napster came out and provided a directory service which catered solely to the purpose of finding pirated music. So yes, they were an easy target to shut down, a directory service that all connected to.

    But the idea that you will do peer to peer networking on a grand scale is technically flawed. Anybody who has ever tried to manage a large network of Win95 machines running NetBEUI would understand this.

    As the network grows larger, the percentage of network bandwidth which is required to maintain the connections between the nodes, passing queries for services, etc. grows at an almost exponential pace... until at some point you are using more bandwidth handling the overhead than actually sharing data.

    Nobody will need to shut down freenet, it will collapse under it's own weight, or it will remain niche and isolated and a bother to nobody.

    Napster was a technically sound solution, it was unfortunately ethically and legally flawed.

    1. Re:What's next is doomed as well. :) by Steeltoe · · Score: 1

      Nice troll.

      - Steeltoe

  38. Speaking of Leeching... by skoda · · Score: 2

    This article at Salon.com describes how the RIAA suceeded in getting "four little words" added to the copyright light via Congress, that would essentially give them full ownership of all music written by musicians under contract within the past 30 years. Until now, after 35 years, the musician could reclaim copyright ownership, if they wanted to peddle their music to another distributor.

    Fortunately, according to the article, an observant pro-musician lobbyist discovered it, and after a huge uproar, negative media, and explaining things to congress, the RIAA has requested Congress to nullify the terms that negatively impact musicians.
    -----
    D. Fischer

    1. Re:Speaking of Leeching... by ravi_n · · Score: 1

      My favorite part of the "four little words" article was how Napster helped increase the artists' clout so the RIAA was forced to pay attention to them. And people say Napster does nothing to compensate the artists :)

  39. RIAA Trekkies by cpt+kangarooski · · Score: 2

    Wow. I had no idea that the RIAA members were fans of Star Trek.

    You see, there's this classic rule in Trek, known as the 'Rule of Three.' The idea is, name two things that are real, and then, in order to make it plain that it's similar but futuristic, name one made up thing. i.e.: "the great philosophers, Plato and Decartes and Surak."

    In the case of the RIAA annoucement, they've named three forms of copyright infringement and are pretending that the fourth is too.

    Now I just want to know who their favorite character is ;)

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    1. Re:RIAA Trekkies by BlackHat · · Score: 1

      Hahahaahaha, Good one... Layton Founder .... hehehehehe

    2. Re:RIAA Trekkies by Vuarnet · · Score: 1

      Now I just want to know who their favorite character is.

      The selfish mindset, the devious plans they use, the love of profit above everything else... why, they have to be Ferengis!

      Rule of Acquisition # 345: when someone finds a way to profit legally from something you do, it's easier to change the laws than to change your business.
      OK, so I just made that up. Still, it sounds kind of familiar, doesn't it?

      --
      Tongue-tied and twisted, just an earth-bound misfit, I
      Learning to fly, Pink Floyd.
    3. Re:RIAA Trekkies by cpt+kangarooski · · Score: 1

      I dunno. I was thinking Kirk - because they like to screw everyone they meet. ;)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  40. mod this up! by weston · · Score: 2

    Never thought I'd say it, but here I am. That article is _very_ informative (if it's true).

  41. Napster is doomed. by Kris+Magnusson · · Score: 1
    People are thinking about the IP redistribution issue, notably scientists at InterTrust and Microsoft. New revenue models for IP such as InterTrust's Digital Rights Management system are probably technically possible to defeat. But it's technically possible for everyone in our society to rise up, throw chairs through plate glass windows, and steal televisions en masse, but we all don't because we are all afraid of going to jail.

    Note that social pressures such as the risk of imprisonment, as well as technical barriers such as locks and keys, are hardly foolproof protections against theft. Yet a small percentage of the population is willing to shoulder the risk, and a sophisticated thief will be able to defeat locks, keys, and even electronic alarm systems. But if you forget to lock the door to your flat one morning, chances are good that all your stuff will still be there when you get home from work that evening, because most people who notice that it is unlocked will not steal anything for fear of getting caught and jailed.

    All the RIAA (this was The Man in the '60s) needs to do is make so scary to share MP3s that 80% of Napster users drop off the network. Since the Napster network derives its value from people who participate, increasing risk and cost of participation will decrease the value of the network, and Napster will cease to be much of a problem to the RIAA.

    --
    "I thought I could organize freedom. How Scandinavian of me."
    1. Re: Napster is doomed. by La0tsu · · Score: 1

      "...chances are good that all your stuff will still be there when you get home from work that evening, because most people who notice that it is unlocked will not steal anything for fear of getting caught and jailed."

      My lord, I certainly hope that's not why it would still be there. I would hope it's because the people who notice realize that it would suck if someone did it to them. If laws are the reason that people don't do bad things, we are royally screwed.

      I guess the people whose charge it is to prevent piracy aren't doing a very good job of putting a human face on it. When the people who speak out, the people who stand to lose something, are filthy stinking rich or faceless corporations, it is very hard to identify with them. It's hard to think, "If I download this recording (which I probably wouldn't buy legitimately anyway) without paying for it, the millionaire artist isn't getting the extra $0.15. It would suck if I didn't get that $0.15 that I'm not even counting on." And even harder is, "That evil company with billions in the bank which is only turning over $0.15 to the artist is being deprived of five bucks they probably wouldn't have gotten anyway."

      I'm not saying it's right, but this is the perception. As a history teacher of mine was fond of saying, "Perception is Reality." If the RIAA wants to have an impact they are going to have to change perceptions.

    2. Re: Napster is doomed. by La0tsu · · Score: 1

      Oops! I meant to say, "If laws are the only reason ... "

  42. DeCSS by Robert+S+Gormley · · Score: 1

    Umm, what does DeCSS have to do with Napster?

    --

    Open Source. Closed Minds. We are Slashdot.

  43. take advantge of the technology instead of fightin by rbreve · · Score: 1

    This is very stupid, they're getting nowhere trying to sue napster, the record industry should find other ways to sell their music, instead of cds and tapes. Why not sell the music on a napster-like-network, which anyone could access it by paying a monthly or yearly fee, somehting like that. The record industry doesnt sell CD's , it sells music, they have to find the way to sell it using the latest technologies.

  44. What can I do? by cannes · · Score: 1

    I'm totally on side of napster. Is there anyway to donate anything I might have to help?

    --
    AK
  45. thanks by mtvsucks · · Score: 1

    yeah that's definatly the same day as my birthday. happy birthday pat woo woo.

    --
    1337
  46. The problem with your idea is... by gvonk · · Score: 1

    ...Metallica said specifically that their intent was to put Napster out of business. Plain and simple. Their act of submitting the names of those 300,000 some-odd names was just to throw in Napster's face it's own TOS. It simply underscored their lawsuit.

    --


    El Karma: excelente(principalmente la suma de moderación hecha a los comentarios de los usuarios)
    1. Re:The problem with your idea is... by delysid-x · · Score: 1

      How can we put Metallica out of business?

    2. Re:The problem with your idea is... by Wah · · Score: 1

      by getting them to piss off all their fans and cut their hair...... Not to mention give them the image of greedy luddites. There doesn't seem to be much more, they've done a pretty good job themselves. The only thing they are good for anymore is movie soundtracks (and you did happen to notice that one came out right around the time of their free publicity, right?)
      --

      --
      +&x
  47. No, Animal Farm by Captain+Pillbug · · Score: 2

    Keep repainting the manifesto on the side of the barn in the middle of the night. Eventually, you end up with "All animals are equal, but some are more equal than others."

    1. Re:No, Animal Farm by nihilogos · · Score: 1

      Or "Oceania is at war with Europa, Oceania has always been at war with Europa etc." Better yet, if the word "pirate" doesn't exist then there will be no more piracy ...

      --
      :wq
    2. Re:No, Animal Farm by 72beetle · · Score: 1

      In either case, it's Orwellian. Animal Farm is a much better example.

      --
      -Those who dance are considered insane by those who can't hear the music.
  48. Serious? Civil Disobedience, Spin, and Real Change by Tripp+Lilley · · Score: 5

    Serious about your frustration with the RIAA and corporatism in general? Try Civil Disobedience. No, really. Be willing to get arrested for possessing the tools we take for granted. I am. But read on...

    First, a summary, since this is long and will get chopped:

    • We can't win if we look like the bad guys. Therefore, we must clean up our act, both public and private, and be willing to address the real, underlying concerns of our fellow artists and consumers.
    • Corporations don't trust individuals; individuals don't trust corporations. Therefore, we must gather all of the individuals together on our side, artists and consumers alike, instead of allowing the corporations to divide us.
    • The future is change; everyone is scared. The industry is afraid, but also opportunistic. It believes it can secure a future for itself built by legally forcing nature to behave itself. It attacks the fears of consumers to create this legal impetus.
    • The "Tragedy of the Commons" is worrisome. Individual artists are afraid that if they open themselves up to a meritocracy, they'll be raped. We have counterexamples, and we also need to set expectations.
    We can't win if we look like the bad guys

    Before you don your DeCSS Shirt, it's important that we get our act together and learn the very powerful art of spin . Don't sneer and say that's beneath us. Right now, the RIAA and MPAA are mobilizing a very powerful political engine. They are engaging in a classic tactic, painting our community's members as pirates and criminals in the public's eye. It's our job to spin right back at them, to recast the debate in terms that make us clearly the good guys, and them clearly the corporate Goliath, out to trample the rights of individual artists and consumers. Here's how...

    Start giving props to artists. Start decrying the fact that there's no widely available, secure, trustable infrastructure for "tipping". Start pitting the labels against the individual artists, whom you would compensate directly, if there were a reliable means to do so. Blame the corporate hegemony for this situation. Traditional corporations exist for one reason alone: profit ; profit to the exclusion of all else, including the rights of artists, and the rights of individual consumers. Start pitting the labels against consumers, by using inflammatory phrases like "abrogation of our rights" and "corporate hegemony" (please understand what they mean and be able to defend them calmly, though). As soon as we can swing the focus of our fellow consumers' mistrust and cynicism to the industry, as soon as we can paint ourselves the David in this battle, we will begin changing things.

    The reasons for this are simple:

    • People root for the underdog. Right now, the RIAA and MPAA are painting themselves and the artists as the underdog against the massive, unstoppable tide of digital piracy and mayhem. As it happens, they may be right, but I'll get to that in a minute.
    • People fear for their own property. People want to be "secure in their persons, houses, papers, and effects". The RIAA and MPAA are casting this debate squarely in terms of theft of property because they know that will strike a chord with the public. They want you, the consumer, to believe that, if you don't side with them to stop Napster and DeCSS, you'll lose out just as much as if someone broke into your house and stole all of your CDs.

    My freshman year in college, someone stole 250 CDs from my dorm room. 250 CDs that I had worked very hard to afford, and had worked very hard to acquire (many rare imports, anime, etc.). I felt hurt, violated, confused, angry, and all of that. The RIAA and MPAA are trying to connect with those feelings in the consumer public.

    We need to be going for the same connection, while also making the connection between individual freedom and liberty. We need to make it clear that we're all for just compensation, and that we don't need Goliath's hand to ensure that compensation. We need to show our fellow consumers that the industry is just in the game for the sake of revenue, and that they don't give a damn about consumer rights, nor do they trust consumers in the least. Yet they ask for our trust that they will justly compensate artists, that they will respect our rights to fair use, that they will treat us as equals (IANAL, but a corporation is legally considered a person.)

    Corporations don't trust individuals; individuals don't trust corporations

    The RIAA and MPAA would have you believe that every artist and "legitimate consumer" out there is on their side, and that everyone else is a pirate. We know that's wrong, but what do we do about it?

    Get all the individuals on the same side. Artists are individuals. Consumers are individuals. Everything in between the two is corporate infrastructure. The internet makes that corporatism irrelevant to the kind of relationships we could be building with our fellow individuals.

    If I play your song, and I like it, I'll give you a tip. If I play it all the damned time, I'll give you big tips, frequently. If Metallica pulled their heads out, they'd understand that they'd make a lot more from me letting me tip them than they are right now, since I won't buy anything new of theirs (even though I really want to).

    The future is change; everyone is scared

    Things we've taken for granted, as a society, as individuals, and as corporations, are all in the process of changing dramatically and radically. Specifically, traditional notions of property become more meaningless with each passing day. We know how to treat tangible items as property (you're stealing it if you deprive me of it without my consent), but we don't know how to treat intangibles as property; after all, if you copy it from me, how are you depriving me of it?

    And if you think that distinction is cut-and-dried, and that it just means we need two classes of property, intellectual and tangible, think again. What's going to happen in a decade or three when nano-technology makes tangible property available to anyone with a handful of garbage, a replicator, and a design?

    Now, it's understandable that corporations might be afraid. After all, they might disappear. Or have to reinvent themselves radically. I think they're pretty well aware of that fact. The issue, ultimately, is one of control. The industry wants to control its destiny, but it doesn't have that kind of power. It seeks to create that power, artificially, by lobbying to create laws like the DMCA, that curtail individual rights that are far more powerful than they were when they were granted, 225 years ago, before there was an Internet.

    I don't know about you, but I don't want to be controlled by a corporation. I want the freedom to interact with my fellow individuals, to share and communicate and transact by our own rules. I want to write code and trust that you'll compensate me for it justly. And I do. Literally. I have a 100% GPL clause for the work I do. And I trust the community and individuals to be faithful to one another, and to support one another. I don't need a law or a corporation to enforce what ought to be human decency.

    The "Tragedy of the Commons" is worrisome

    The idea that some people will steal all the goodies is worrisome. They can't. Unlike the commons about which "The Tragedy of the Commons" was written, you can't trample up the grass around an artist. You can't turn a director into mud by copiously copying her work.

    You can refrain from contributing to their livelihood. You can enjoy their work and simply not tip them, even though you can afford to tip them. Fine. We already have a really good term for that in place: cheap asshole. Perhaps we could get it made into a legal term?

    Anyway, there are natural responses to the problem of the cheap asshole. The first is the pillory, metaphorically speaking. A good tipping infrastructure will allow you to leave your tips either anonymously or with credit. An advogato-like trust metric will allow folks to rate your generosity in comparison to your means. A well-deployed micro-accounting infrastructure will make artists, producers, technicians, and so forth, accountable for how they spend the tips in pursuit of their art. All of that means that assholes will be highlighted in red, and the object of public scorn.

    This is as it should be, and there is a long tradition of such treatment. Read A Christmas Carol if you doubt me. Everyone hated Scrooge because he was... well, you know. A c.a.

    The second is based on what I call "laws of information physics". The two fundamental laws of information physics are:

    1. Bandwidth between any two points at any given time is a finite resource.
    2. Information flows freely as long as there is available bandwidth.

    These laws can be exploited to prevent the c.a.'s from propagating:

    • First of all, imagine if you had to pay for bandwidth by your usage. Hey, if we're not relying on king corporation any more, someone's got to foot the bill for your 128Kbps chunk of the OC48 to gratefuldead.com. Thus, when you download directly from them, there's a mandatory tip of $.05/MB ($3.00 for a 60MB album). You'd still want to tip on top of that if you liked it; that was just to cover their connectivity. Of course, they may be popular enough, and get tipped enough as it is, to not charge that connectivity fee.
    • Imagine if free file-sharing networks allowed you to hook into the aforementioned trust-metric, and determine based on that whether or not you would allow your server to send files to a c.a. Through literal peer-pressure, people would find themselves either tipping liberally, or cut off from the goods.

    Such infrastructure can be exploited in a lot of other ways that bring back our ability to trust one another, and to build community even in the massive scale of the Internet and a global economy. People who've had hard times could "get a break." Or if you're a real hard-liner about people overcoming circumstance, you could set your own metrics to shun anyone who claimed hard times, or anyone who was rich without working for it, and not generous with their wealth. "The possibilities," as they say, "are limitless."

    Getting there from here

    I'd recap, but you can scroll to the top for that. The bottom line is that we need to pay attention to the fears and concerns of our fellow individuals, and address those, and not just go spouting off about how we're going to do whatever we please and the industry can't stop us. We all believe the industry can't stop us, because ultimately, we can hide. But who wants to hide? And who wants a world in which sharing is a criminal act? So don't feed their fire. Help your fellow artists, consumers, individuals understand how we can build a better future together, without corporate hegemony.

    And be prepared to get arrested in the meantime. But when you do, make sure you come off sane, rational, and reasonable. Make it clear that the man is putting you down. If you're not calm, careful, and likable, your fellow consumers and artists are going to see exactly what the RIAA and MPAA want them to see. And away goes your freedom and their freedom.

    P.S. I'd have crossposted this to advogato, but I'm not certified by anyone as having done anything special. So if you're of a mind to, and have a decent cert there, please certify me if you think I can add value to the discussions there. Thanks.

  49. mod this up, too! by Tripp+Lilley · · Score: 1
  50. mp3.com just like all the others by Chris+Johnson · · Score: 5
    Whoa, hang on a second! (yah it's me again, obGoDownloadTunes mp3.com/chrisj bla bla bla)

    You need to pay a little more attention to the intellectual property implications of labels vs. mp3.com. mp3.com does many things horribly (annoying page layout, tottering servers, terrible messageboards) but if you look at their artist agreement there are some extremely important points that I sure hope potential competitors take seriously:

    • Nonexclusive contract, with the artist continuing to OWN the mechanicals. Contrast this with any majors contract in which the label owns the mechanicals, the songs, even the band name and the website or the Artist's name itself (!)
    • Contract is only renegotiable with the agreement and acknowledgement of the artist! If this seems obvious check out some music biz contracts- see how often the contract is unilaterally renegotiable by the label. That means 'we can change it to whatever we want, after the fact, and you already signed off on it'.
    • 49.9999% royalty none of which is recoupable- compared to a tenth or hundredth of that much, already pledged to recoup recording costs mandated by the label. In other words, on mp3.com you get $40, or maybe $400 (what I'm hoping for in the mail) or even $4000 if you have a _lot_ of listens and CD sales- and on the major labels you watch a lot of money go by and keep none of it, nada.
    Honestly- it's good to be skeptical, and there are plenty of reasons to knock mp3.com. The deal they offer is not one of them. For all intents and purposes, and even with all their flaws, mp3.com is something new, and the key point (to me) proving that is the nonexclusive nature of their deal- 'sign' with mp3.com and you continue to be totally free to move. Worst that can happen is that you decide to remove your stuff and mp3.com are slow to do it- they make no claim or attempt to own your IP, they just ask for very extensive RIGHTS to USE it, which is waaaaay different, and nothing like as harmful as signing away your creative work to a label.

    I try to avoid obsessively posting all over mp3 threads with my little links and all ;P but I needed to open my mouth here, because even if mp3.com itself doesn't survive the next decade, as an artist I need something LIKE mp3.com, something that will strike the same terms for use of my music. I'm happy to sign over quite extensive rights to _use_ the stuff- but I'm going to keep the mechanicals, and keep ownership of myself and my name and the tunes, and I'm going to want to see that the contract doesn't get to change the rules about this without my okaying it. And mp3.com walks this line very honorably. It's almost as if they were behaving like some more honorable industry and trying to come up with a fair contract for artists. *shock!* *horror!* ;)

  51. Re:Serious? Civil Disobedience, Spin, and Real Cha by s390 · · Score: 1

    These are all cogent, well-advised. Do you have any practical avenues for individuals to _act_ upon these suggestions?

    Here are some (but I haven't done the homework yet, so don't have URLs, phone numbers, etc.):

    * Call the RIAA and _politely_ request a list of
    their member companies, along with their mail
    and internet email addresses. Proceed to send
    the RIAA _and_ all their members your protests
    against their oppressive business practices.
    Take your cues from the Napster defense brief.

    * Build the best summary you can and send it in
    to your local newspaper, counter-culture rag,
    and Penny-Saver(tm) commercial news-excuse, it
    being the idea to broaden awareness of the IP
    issues and why they will affect all consumers.

    * Write to your Congress-critters, Senators, and
    State reps. Tell them, in no uncertain terms,
    but again politely, that your future support
    may well hinge on their stances - and voting
    records - regarding IP freedom vs RIAA, DMCA.
    Stating you will actively work to defeat them
    unless they see the light could be effective.

    * Write to the Courts. Yeah, it will have no
    formal standing, as the deadline for Friend of
    the Court briefs has passed. However, a good
    letter that reaches the Clerk might get read
    by the Judges too. Good Clerks have influence
    for passing upwards any well-written opinions.

    * Send a few bucks to Napster to help them with
    their legal costs. If needed, tell United Way
    that you "gave from my conscience." Hmm....?

    * Buy a couple of CDs that you really do like.
    The fact that CD sales are climbing while the
    RIAA is screaming "Ripoff" is most persuasive,
    for Napster. Keep those CD sales climbing....

    Ciao,
    R

  52. They lie everywhere they go ... by wiZd0m · · Score: 2

    <rant>
    It's always funny to see them lie like that. I was watching Larry King on CNN the other night and he interviewed some fsck from the label and the movie producer of Show Girls. Everyone agreed that goverment censorship was bad, that without free speech great movies could never have been made, blah, blah ... and then they go on to ask that the major contributor boycott the campaing finacement off the democrats or give much less, to show Gore-Libermann that they don't support their censorship plan. For sure they had all the time needed to talk about what they wanted.

    Then they turn around, they sue 2600, they sue everyone who wants to express themselves or who dares to place/talk about DeCSS on their websites, they treaten ISP, they treaten my University with legal action, they almost got me kicked out and they even have the guts to try to take away my fair use right for the music and movies I already overpaid?
    </rant>



    wiZd0m

  53. GPL doesn't depend upon a licensing model of sales by Anonymous Coward · · Score: 5
    Imagine how you'd feel if, after you paid a dealer $20,000 for a new car, you found a note inside saying that you had "agreed" not to open the hood or to let any "unauthorized" shop open the hood to do repairs. Or a note stating that "unauthorized lending of this automobile is prohibited by applicable laws." And because you have opened the doors (no other way to find the notes!), the dealer won't let you return the car to get your money back. This is how the software industry, the music industry, and the movie industry treat us with increasing frequency. It doesn't mean that this is right or that we should buy into the idea of restrictive licensing for every mass-market item under the Sun.

    If you want to sell me a mass-market album, a software package, or a video in a consumer setting, there should be no shrink-wrap licenses, no click-wrap licenses, no UCITA, and no DMCA-enforced access controls after the sale. Just your merchandise, my money, and the normal copyright / sales / private property laws.

    By the way, if you look at the current version of the GNU Public License closely, you'll see that it differs in a very essential respect from most shrinkwrap "licenses".

    Shrinkwrap "licenses" start from the bogus premise that you are bound by them, and then proceed to try to take away rights that you, as an owner of a legal copy of a copyrighted item, already have under the law. The GNU Public License acknowledges that you have rights under copyright law, and states that you do not need to agree to the GPL to exercise those rights. The only reason for anyone to agree to the GPL is to gain authorization to perform additional actions (most notably redistribution) which are not part of the default rights you get from copyright law.

    To put it more succinctly, shrinkwrap "licenses" are BAD because they distort contract law in the service of taking away your right to make use of your own property. The GPL doesn't do this.

    How could this be applied to CD sales? One way might be to include a license in the liner notes that allows buyers to give away copies of songs. Say, "if you accept this license, you can share promotional MP3s of these songs, encoded at a rate of 64Kbps" ... or "you can make CD-quality copies of these songs beyond the limits of Fair Use if you go to http://www.mymusicsite.com/ and pay for the songs you copy." The key here is not that everything is free (as with GPL) but that you would be offering extra value to customers, instead of beating them with a stick.

  54. Re:The So-Called Online Piracy Scourge vs. CD Sale by cameleon · · Score: 1

    Actually, while I agree with you from personal experience, the studies I've seen on this subject seem to contradict each other. Some say cd sales improved, some say they dropped. Some studies were done near large colleges with high-bandwith connections, others weren't. The case isn't as clear-cut as you put it.

  55. Re:Serious? Civil Disobedience, Spin, and Real Cha by Tripp+Lilley · · Score: 2

    Well put! My job is to foment rebellion, not organize it, so your suggested actions are an wonderful complement :)

    Here's another one that I'm planning: Send real money to artists. Say you're listening to an Oingo Boingo and decide that, if such a system existed, you'd tip the boys. So write a check for a buck and send it away! Even if they never cash it, if enough artists get enough random bucks flowing in in envelopes, they'll get the clue. They'll realize that, if infrastructure existed, they could sever their ties with the beast.

    No, it's not practical and scalable. But it makes a point, and that's what's important.

  56. Re:The So-Called Online Piracy Scourge vs. CD Sale by pointwood · · Score: 2

    That's correct, as it is now, but I think the main reason is because the technology just hasn't evolved enough yet.

    First, not many people has a fat pipe to the internet and therefore downloading a lot of MP3's (or hopefully soon .ogg files) just isn't very convenient.

    Second, most peolpe listen to music on their stereo, not on their computer (better sound, easier, etc.) and most peolpe doesn't have a "connection" from their computer to the stereo. If you have a "connection" from you computer to your stereo, then you still can't control it with your stereo or your remote, which, well sucks...

    It has to be atleastas easy to use as existing technology (CD's), before it will be widely used.
    Solutions to this is on the way though. Take a look at what Adomo is doing.

  57. Letting friends hear your CDs, DJs by Quila · · Score: 1

    This got me to thinking...

    You can let your friends come over to listen to your CDs. You could even call them and put the telephone up to the speaker. Why can't you let your friends on the net listen to your CDs through streaming?

    If you argue uncontrollable access (not just your friends hearing it), what about clubs? Thousands of people per night listening to a CD/record.

    So if a DJ had a server at home where he kept his gigs of MP3s (ripped from CDs he owns) and streamed them to the club where he is?

    The RIAA wants to turn music buying into the same thing as a software license. Then they can control how you listen. Then they will want it to be under UCITA so if their playback scheme dies and you can't hear anything, you're out of luck (they could also pull the plug on your CD when your "license to listen" expires).

  58. I need an explanation about this... by Books · · Score: 1

    1) I'm a Napster user.
    2) Ever since I started using Napster I increased my spending on CDs from one every 2 month to 2-3 a month. (and many of these titles I ready own on vinyl!)
    3) I therefor think that RIAA is stupid to sue Napster instead of coming to terms with it.
    4) I do not use pirated software.
    5) If I did want to get pirated software I would have to go to the Warez sites, the underground, clearly knowing that I'm doing something illegal.
    6) Even though I differentiate between pirated software and pirated music, I do it on the subconscious level, not on the logical one.
    7) Can someone explain to me, in simple language and with strong logical arguments why pirating software is different from pirating music?
    Why is using software without paying for it is generally considered wrong and and using music considered right?

  59. Re:GPL doesn't depend upon a licensing model of sa by BlackHat · · Score: 1

    Not so fast there Tex

    If I made a remix I would be bound to provide that remix under the same agreement as I obtained the Source. I know every "musician" cringes at that thought, However his point is valid.

  60. Re:Serious? Civil Disobedience, Spin, and Real Cha by Tripp+Lilley · · Score: 3

    The Artists Coalition would probably also like to hear from those of us that would actively support a voluntary, tip-based, just compensation system.

    In addition to your congressional representive, you might want to cc: your notes to mine, Rick Boucher, who's one of the forces behind repealing the "work for hire" mess described in this salon article.

    Finally, go visit fairtunes, mentioned a few weeks ago in this slashdot story.

    crime pays when corporate pigs can't afford to put gas in their BMWs.

  61. how about not. by Bushwacker · · Score: 1

    FTP rules! it's more efficient and usually faster than http in most cases, although not quite as pretty. besides- it was the original protocol for the intenet- long before today's fancy webservers and SQL servers.

    --
    -----------------------------------------
    Perversely greped and groped by PowerPenguin
  62. Re:The So-Called Online Piracy Scourge vs. CD Sale by maakie · · Score: 1

    Good point, if MP3/Napster or whatever is good or bad for CD sales will probably depend on who is paying for the research. In the end it's all damn statistics... Anyway I know too many people with 30GB+ of MP3's who haven't bought a CD in a very long time. These same people will tell you that Napster promotes the sale of CD because "studies have proven it". If you ask me that's just plain lame and cheap.

  63. Re:GPL doesn't depend upon a licensing model of sa by Anonymous Coward · · Score: 3
    What "repairs" were you planning on doing to music and movies? Dumbass.

    There are many legitimate applications for being able to manipulate audio and video data. Making compilations for personal use, making short film clips for use in reviews or in teaching classes, etc. But let's focus on repairs.

    Some repairs that you might do to music: using a scratch and hiss remover program to clean up the music that you are transferring from records and tapes to CD-R; adjusting the volume of a song so that all of the songs in a home-made compilation play back smoothly. I learned the hard way that CDs are not mastered to a common reference level.

    Then there's the whole CSS / DeCSS / Open Source Linux DVD player mess. The industry picked a system that creates obstacles to playback (you must decrypt a disc to play it), but that does not pose any barrier to counterfeiters with access to professional equipment (who don't even need to break the encryption). Here the Linux crowd tried to reverse engineer the system in order to build a Linux DVD player application (read: something that would promote the sales of DVD-Video discs), only to get kicked in the teeth.

  64. Lets go farther than that... by Greyfox · · Score: 2

    In any manegerial position I ever find myself in, I will be forced to view with disfavor the ethics of any programmer or technical person who worked for RIAA or MPAA affiliated companies after the start dates of their lawsuits (Or perhaps a short time thereafter, as locating a new job can sometimes be difficult.) I shall never advocate the hiring of such a person in my company.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  65. kind enough?!? by ravage · · Score: 1

    Let me get this straight....cd's in bulk cost about $.01 USD to make, the artist gets $.05-$.10 per cd, and they retail for $17.00 thanks to price gouging and needless expenses, and the RIAA has been KIND ENOUGH to detail out what *they* think is *FAIR* use?!?

    screw em!

    --
    -- "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."- Albert E.
  66. Re:GPL doesn't depend upon a licensing model of sa by Anonymous Coward · · Score: 1
    A consumer-friendly commercial music license could be viral in the sense of the GPL. However, I'm not sure if it has to be. The point I was trying to make is that for any sort of over the counter purchase, you should always get the full set of default rights granted by copyright law. If the vendor wants to offer you more (or the chance to purchase more), fine, but vendors shouldn't define the baseline.

    Let's say you buy a "DJ DANCE TRAX" CD. It comes with DEFAULT_RIGHTS (from copyright law), and license offers to let you REMIX_AND_DISTRIBUTE and/or PLAY_(REMIXED)_MUSIC_AT_CLUB for appropriate fees. (I do not know exactly how performance licenses for CDs work, so bear with me if I get some of the details wrong.)

    You make remixes and play them at the club (which buys a PLAY_(REMIXED)_MUSIC_AT_CLUB license). A lot of people like the music and want copies of it, enough to pay for them. You send a CD-R and a REMIX_AND_DISTRIBUTE license to a manufacturing plant, and back come 500 CDs. The "DJ DANCE TRAX" guys are 500 royalty units richer.

    Jill HotToTrot buys one of the remixed CDs. She gets at least DEFAULT_RIGHTS; i.e., she can play the CD, lend it to a friend, make copies for her own use in many forms (tape, CD-R, MiniDisc, MP3, etc.), use it as a Frisbee, and transfer it to a friend or used music store. You cannot take any of these rights away from her.

    On the other hand, you are under no obligation to offer her a chance to buy REMIX_AND_DISTRIBUTE or PLAY_(REMIXED)_MUSIC_AT_CLUB licenses for your CD, unless the original offers were viral in the GPL sense. Indeed, your ability to offer extra rights for a derived work, such as this, might be limited by the license offers that came with the original work.

    So maybe Jill HotToTrot gets a CD that comes with the DEFAULT_RIGHTS and a PLAY_MUSIC_AT_CLUB offer but no REMIX_AND_DISTRIBUTE. She could remix the CD for her own use -- copyright laws would permit her to do that much. But she couldn't go out and make copies of her remix for distribution -- thus addressing your problem.

  67. Re:GPL doesn't depend upon a licensing model of sa by BlackHat · · Score: 1

    Sure any one of those is cool, or Full No Reproduction what-so-ever. My view is that the creater could/should define the usage rights as they feel. RIAA's one way view is wrong. There are too many different types of usage now (Net, games,radio, Club, Club Compilation, CD, Soundtracks...KEO-Packet) for such a limited view of usage.

  68. Downloading illegal music... by ekran · · Score: 1

    So, what do I know if the music that I download is
    copyrighted and/or not allowed for redistribution?

    And what if I were surfing randomly on the net and just happen to come by a mp3-plugin/applet/whatever with "illegal" music.

  69. Very poorly defined by grahamsz · · Score: 2

    4. Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of 'streaming' technologies from the Internet.

    First of all they make the distinction between uploading, downloading and streaming. In pure TCP/IP terms all these acts are the same... a uni-directional flow of data yet they single out these three practises. However gnutella is a lot more focussed on 'transferring' - seems fine to me.

    4. Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public

    So if for example I upload a file to a site... that's fine. So provided it isn't me that makes the file I upload publically available then its perfectly ok. So now when I upload a file to geocities i do nothing wrong, and similarly when geocities ftpd sets the file world readable it does nothing wrong.... no piracy there.

    downloading a sound recording from an Internet site

    The word 'site' typically only descibes passive services like websites & ftp sites. Napster on the other hand is more interactive and typically you would say "Napseter Server" or "Napster User" and not "Napster Site". If someone talked about a napster site I would immediately think of this one.

    Online piracy may now also include certain uses of 'streaming' technologies from the Internet.

    It may now!!!. Sounds to me like "Streaming didn't used to be a crime but we are going to pretend it is one now" or perhaps they mean "We dont really know whether it is or not".

    Really if those are the definitions we are up against i find it hard to believe the lawyers, who are much scorned for bending the words of legislation against the spirit that legislation was created in, cant come up with a half decent defence.

  70. Did you ever think... by fish500 · · Score: 1

    ...that a nifty little program created by a kid would create such a huge wake. A simple tool to trade files with friends and he sparks would could ultimately be one of the greatest catalyst in technological history, music history, consumer rights history and history in general.

    Henry Ford, Thomas Edison and Shawn Fanning

    --




    "It's all right, it's ok. There's something to live for" - Uncle Bill
  71. Why only some uses of streaming? by Diablerie · · Score: 1

    Online piracy may now also include certain uses of "streaming" technologies from the Internet.

    Why are just "some" streaming technologies considered online piracy? An audio stream is just a bunch of bits that the client software won't let you save on your drive. But bits can be easily manipulated - check out Loop Recorder.

  72. No even by alacrityfitzhugh · · Score: 1

    This poor sap is just a front. He doesn't really have anything to do with the company. A mere figurehead for you to admire. I minority stockholder, he has no input on the business the company does.

    He may still do jail time...

  73. GPL v RIAA by jamused · · Score: 1
    It's simple, really. The GPL grants people who agree to abide by it more rights to redistribute the software and source code than they would enjoy under regular copyright law. The RIAA is trying to push an interpretation of legislation that would take away your existing rights under copyright law (despite the fact that the law, even the dread DMCA, has built into it explicit provisions for fair use).

    More rights=good. Fewer rights=bad.

  74. Ask the RIAA page funnies by DragonMagic · · Score: 1

    Here's a couple snippets from the Ask the RIAA page:

    What is your stand on MP3?

    This is one of those urban myths like alligators in the toilet. MP3 is just a technology and the technology itself never did anything wrong! There are lots of legal MP3s from great artists on many, many online sites. The problem is that some people use MP3 to take one copy of an album and make that copy available on the Internet for hundreds of thousands of people. That's not fair. If you choose to take your own CDs and make copies for yourself on your computer or portable music player, that's great. It's your music and we want you to enjoy it at home, at work, in the car and on the jogging trail. But the fact that technology exists to enable unlimited Internet distribution of music copies doesn't make it right. To learn more about digital music, visit the Music and the Internet section.


    Waitaminute!!! The RIAA stated only a couple years ago that MP3 was a dangerous technology, did they not? And they tried to sue such items as RIO (the portable mp3 player) because it promoted piracy? Sounds like they were saying MP3 was dangerous and that carrying around a personal copy of a CD you duplicated to MP3 was wrong . . . Nice change of heart, after they lost their lawsuits . . .

    And on a link from the "Ask the RIAA" page on cost of CDs, there's this paragraph:

    Another factor commonly overlooked in assessing CD prices is to assume that all CDs are equally profitable. In fact, the vast majority is never profitable. Each year, of the approximately 27,000 new releases that hit the market, the major labels release about 7,000 new CD titles and after production, recording, promotion and distribution costs, most never sell enough to recover these costs, let alone make a profit. In the end, less than 10% are profitable, and in effect, it's these recordings that finance all the rest.

    Whoa, waitaminute . . . If you lose money on 90% of what you sell, you're not doing very well anywhere. If a hardware manufacturer did this, they'd be out of business. Same with software. You don't go out and lose money on 90% of your products in hoping that the 10% can carry you. No wonder they're suing to get royalties on such things as MyMP3 and Napster, to make up for their lack of marketing and music sense!

    Maybe what the RIAA should do is explain to the music industry, "Just because the Backstreet Boys sell, doesn't mean any boy band who sings falsetto will sell well." Get the dino's out of manager spots and contract areas and maybe we'd have better music and less crappy bands, so that they wouldn't lose money on 90% of the CDs and we could get cheaper CDs already.

    Sorry for my rant, but I laughed at the front page article regarding how the RIAA was telling us how the law states different copyright infringements, then adds their own, as though it made that law. And then a quick check of their site had even more humour. (: Please, get back on topic now!

    Dragon Magic

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  75. Wake up! by alacrityfitzhugh · · Score: 1

    Thanks for demonstrating your utter lack of understanding of the recording industry business model. You also show off your complete ignorance of The Constitution of The United States. If you don't like our capitalist system you are free to move to Russia or China. Go back to home room and ask the teacher, What does it mean when the Constituation says, "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"" You still have a chance to learn the truth!

  76. I can't sing!!! by long_live_theheretic · · Score: 1

    . Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of 'streaming' technologies from the Internet." so, if i'm on the phone, or in front of a crowd, i can't even sing someone's song!!

  77. gnutella by jesterzog · · Score: 2

    The most annoying problem with gnutella (that I find) is getting hit with so many searches, most of which are for porn.

    I guess this is necessary to a point if there's not going to be a central directory that could be shut down. IMHO though, the next step would be to have a distributed system that would organise itself into branches based on relevant keywords. (It wouldn't be too difficult for clients to connect themselves to more than one branch.)

    This way searches could work more intelligently instead of by brute force, by only looking down the most relevant branches where the searches are most likely to succeed.


    ===
  78. Copyrights, Copyrights, Copyrights! by mach-5 · · Score: 1

    Yes, even the Dead Sea Scrolls have a copyright.

  79. Users not the program by vicoder · · Score: 1

    I don't care how many times someone crys piracy on Napster or how good it is. The fact is Napster is used for piracy. If you go on the service and search for a title that is copyrighted you will find at least a dozen (well known at least). There is not denying Napster is indeed used for piracy. This does not mean that Napster is bad. Napster is filesharing. It is MP3 filesharing but it is filesharing. Just because a file has an extention .mp3 doesn't make it illegal as people have pointed out about some artists use Napster to get their music around to people. Don't blame napster for the piracy. It is a tool and USERS USE this tool whether it be for good of "bad". I believe that the RIAA's definition of copyright is a little too over protective for a profit and to attack napster solely is wrong. Without USERS would napster be illegal. Without those copyrighted MP3's on the user's hard drive would napster be "illegal". Remember the mp3s don't originate on napster. Someone has to burn the mp3 and has already violated the copyright. The people who download these songs are equally wrong but all napster is doing is "Retrieve File" blindly. Napster doesn't know enough and probably can't know enough about the contents of the mp3 to hold it accountable. Can we hold AOL accountable for its users who pirate mp3s and programs in chatrooms using their EMAIL service. Can we hold the Web server accountable for a warez site giving out pirated goods or maybe your web browser accountable. It just doesn't make sense. Piracy is going to happen but from what I hear (not sure if it is just FUD) Napster Users actually buy more CD's by using their service to get the mp3. The main point I am trying to explain is the most Napster servers probably have are user accounts and log files. If anyone is at fault it is the CD ripping users not the service.

    --
    -The good humor man can be pushed only so far
  80. Cross-post to your heart's content... by Svartalf · · Score: 2

    Advogato's showing you to be an apprentice. Seems several people went over and certified you.

    Go and knock yourself out!

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  81. Re:GPL doesn't depend upon a licensing model of sa by CGU_Grey · · Score: 1

    Repairing movie == recut (directors cut, final cut, myGNUCut etc.) Repairing music == Resample. sorry, i could not resist it.

    --
    Parents Against Kuro5hin
  82. Who reads the sections anyway? by Keelor · · Score: 1
    Isn't this essentially the same news that was posted yesterday? I realize that few people read any articles that aren't on the front page (including me for the most part) but I'd hope the /. editors do. The date seems more firm in the MaximumPC article, but that seems likely to just be an omission on their part, rather than a change in the set date.

    The funny part is that the first post in the other article comments that the lack of posts implies that /. readers don't care about Napster anymore *grin*.

    ~=Keelor

  83. Re:Serious? Civil Disobedience, Spin, and Real Cha by Pig+Hogger · · Score: 2

    This is as it should be, and there is a long tradition of such treatment. Read A Christmas Carol if you doubt me. Everyone hated Scrooge because he was... well, you know. A c.a.

    Scrooge didn't give a shit about being considered a cheap asshole. He had his money, the only thing he cared for.

  84. RE: The usual bad logic... by Art+the+Lemming · · Score: 1
    A = downloading MP3s
    B = piracy
    C = stealing

    A->B->C == A->C

    The problem here is that A->B is questionable but doesn't matter since in traditional logic F->T == T and T->T == T. In this context, no matter whether A->B is T || F, A->C is always T. The question is, is C T || F, since if F, the whole argument is bogus, and if T, no matter what we say, we are criminals. The fact that we can replace A with "The moon is made of green cheese" does not alter the outcome of the argument. The question is simply whether the argument makes any sense at all?

    Arty

    Sigs died in 80s

  85. which "it" sucks, exactly? by Sayke · · Score: 1

    ...

    absurd dipshits abjectly selling themselves for status in their packs like the pathetic primates they are, or home recording enthusiast-types? (teehee...)

    --
    -- sayke, v2.3.05 /* i am the middle finger of the invisible hand */
    1. Re:which "it" sucks, exactly? by streetlawyer · · Score: 2

      morally, the first; musically, the second.

  86. RIAA kick themselves by corarc · · Score: 1
    Sorry, but by RIAA's own admission, they have no case against napster

    Napster doesn't upload or download the recording. We do! They provide the contact between me and the other guy. The data goes through their servers, but it is just binary, there is no "sound" as such. The forth article is

    "Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold."

    Notice "copyrighted sound recording". They don't make the sound available to the public, they make the link and pass the binary digits. Now, they can argue that at any one point in the chain that their server has only a few IP packets on their server, not a specific sound track, and nothing that the RIAA can lay claims to (how many bits of a song do you need before you become a copyright infringer? one? wow, everyone must be copyrighting.) Napster doesn't make it available to the public, we do. They just aid the distribution.

    Oh, and their server is not an "Internet site."

    c0rarc

    1. Re:RIAA kick themselves by BradyB · · Score: 1

      They don't even necessarily pass the bits. They just provide you a link to the computer that is holding the file that you want. At the time you hit download you and that computer that has the file are connected. Peer to Peer. I don't believe any of it goes through the Napster servers.

      --

      Good is never enough, when you dream of being great!
    2. Re:RIAA kick themselves by Kimiko · · Score: 1

      Whether or not you actually play it, it's still a sound recording. If a tree falls in the woods and no one is there to hear it, does it make a sound?
      Be real. Or are you just trying to be facetious?

  87. Re:Serious? Civil Disobedience, Spin, and Real Cha by Paranoid+Diatribe · · Score: 1
    Use Fairtunes.com for the tipping bit. I read about this early this week on Slashdot and I'm already allocating money from my next paycheck to go towards some of the artists I've downloaded ("illegally") from the net.

    There are other models of music creation and compensation on the horizon.

    See NPR's article on the Street Performer Protocol to see how British band Marilion got more control of their music while still planning to sign with a major label.

  88. Streaming???? by PeterMiller · · Score: 1

    4. Online piracy is the unauthorized uploading of a copyrighted sound recording and making it available to the public, or downloading a sound recording from an Internet site, even if the recording isn't resold. Online piracy may now also include certain uses of 'streaming' technologies from the Internet."

    How is this different from radio???

  89. my plan by White+Shadow · · Score: 1

    Ok, this is my plan to get the RIAA and MPAA . . . to write a perl script that grabs the names of the top 50 songs off billboard.com, make symbolic links to the DeCSS song using the names of the top 50 songs, then posting these songs on Napster/iMesh/Gnutella/Scour Exchange/FTP/whatever.

    If I only had more bandwidth . . .


  90. Re:Serious? Civil Disobedience, Spin, and Real Cha by Maudib · · Score: 1

    Couldnt agree with you more, but I think one other thing is needed, at least in the U.S.. That is a very strong alliance with A16, Zmag and the other activist groups fighting the IMF, WTO etc. Frankly these kids are pros at protesting and organizing, they hate corporate america and are highly motivated. They are the perfectr allies. Unfortunatly they are generally speaking technically ignorent. This is large gap, but it could be breached.

  91. I figured it out by dattaway · · Score: 2

    I don't want to speculate with dark humor, but I woke up with a bad dream from an afternoon nap:

    Napster was a deliberate plant by the RIAA and MPAA and carefully managed like a stage puppet to set a legal precident.

    Now that would be scary.

  92. [Industrial|Information] Revolution by glgraca · · Score: 1

    [Workers|RIAA] could not halt the [industrial|information] revolution simply by destroying [machines|napster].

    In a 100 years (probably less), this will look like a really futile effort from the recording industry.

  93. Re:Serious? Civil Disobedience, Spin, and Real Cha by WayneGayle · · Score: 1

    We can't win if we look like the bad guys

    Maybe a DeCSS tie would be in order?

    -WG

    --

    "America, I smoke marijuana every chance I get."
  94. The real ramifications to this. by kettch · · Score: 1

    What we must consider is the full impact that this judgement could have on the whole world. How many people out their have at least one mp3 of their favorite artist? Will they be able to make a judgment that would make so many people thieves, who are ordinarily law abiding citizens?

    Second, how long will it take to get rid of all the programs on the internet that enable people to rip copies of cd's?

    One important point i would like to bring out involves the amount of money that the RIAA actually loses from people ripping cds. from ripping cds. Most people who spend lots of money on cds do not have rippers or mp3 players, and many do not even have computers.

    The only thing that the RIAA is upset about is the fact that they can't completely control every aspect of the music industry. If they really wanted to make some money they could form a company to make and sell portable mp3 players and mp3 ready cd players. That would more than make up for the insignificant percieved losses that come from the proliferation of mp3s.

    --
    Opportunities multiply as they are seized. --Sun-Tzu
  95. Re:Stage 2 : The Evils of Home Taping by skoda · · Score: 1

    This argument is compelling in many ways. A key difference though, is that the recording quality decreases fairly rapidly with each copy generation. Also, mass copying for friends/family/strangers is very time-consuming, and a little costly (gotta buy tapes; maybe postage). There is no centralized database of people's collections, and so on.

    Napster - Rapid, free, digital, global distribution. This is a whole new ball game. The RIAA and artists should be scared. Casette tape, video-tape, or even "professional" pirates never posed such a threat to the industry.
    -----
    D. Fischer

  96. Re:GPL doesn't depend upon a licensing model of sa by cpt+kangarooski · · Score: 1

    What? GPL'ed software does not require that you agree to the GPL in order to alter it. Given that the source has to be distributed for the software to be covered under the GPL, it would be moot.

    The trick is, you can't redistribute your remix version to other people unless you agree to the GPL.

    But wait again! If you remix it and manage to transform the original work into something substantially different, the new work is now copyrighted to you - not the original creator. This doesn't mean that adding more bass is sufficiently transformative, but if you remixed the hell out of it, you could be a-ok.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  97. New Standard by redhotchil · · Score: 1

    Seeing how they complain that only the music is distributed, I think someone should create a standard that holds an entire album, with the graphics and info. That way entire albums could be distributed with ease. Benifiting online artists that have to distribute virtual covers as seperate unstandard graphic files.

  98. Recant :( by Chris+Johnson · · Score: 2
    It embarrasses me a great deal to have to post this, but I am wrong. I've just learned two things today:
    • mp3.com plans to email spam on behalf of RIAA labels' acts
    • the artist's agreement I've been talking about so much is being CHANGED.
    I've studied the changes in the agreement and can no longer stand by my claims that mp3.com is such a great deal, because of one CRUCIAL change in the agreement: rather than the contract only being renegotiable with _signed_ consent of the artist (email receipt counts), under the new rules almost everything is the same- except that the contract is, like a major label contract, renegotiable by mp3.com at any time with merely an announcement on the artist board five days before any given change. The sole recourse is to terminate- implying that the changes take effect.

    This is jarringly different from the original contract, in which you had to _sign_ _off_ on changes before they took effect. I, personally, am refusing to accept this new contract, and will see how this plays out. I am very likely going to have to leave mp3.com and scout around to see if there is one single music hosting site anywhere on the net that doesn't attempt abusive practices. I'm not certain I'll find one- and if I try to put up my own stuff, the mp3 patent holders get to come and hit me for a $30,000 fee.

    I am not joyous today.

    Again, I must entirely recant what I've said about mp3.com- that was the old contract, which I'm keeping a copy of. The new one is _very_ different and the difference is wide open to abuse, something that I cannot condone at all. Would you sign an employment contract with a company that said they got to change anything in the contract without needing to get your okay, and didn't even need to _tell_ you, merely do the proverbial 'locked disused filing cabinet with a sign on front saying 'Beware of the Leopard'? If that seems exaggerated, I might add that the only required announcement for contract changes under the new agreement is an announcement in the mp3.com artist's area bulletin board- which is usually completely unavailable due to the bulletin board's deep unreliability.

    I'd _really_ like to see a bit of Slashdot networking to the effect of setting up some way for musicians to host their music (even for totally free- at this point I'll give up payment, if I must, to get a fair contract) in some unencumbered format like Vorbis. And does ANYBODY have the Mac vorbis codec authored at MacHack, seeing as right now I can't put my _own_ mp3s on my own website without being hunted down by the patent holders and billed $30,000 for use of the format commercially?

    I am _not_ joyous today.

    1. Re:Recant :( by um...+Lucas · · Score: 1

      Isn't the patent just if you write software that uses their patent, and not if you create content that uses it? I don't know what platform you use, but if you've bought a program that uses the Fraunhofer (is that it? Damn germans... :P ) patent, then you're legally entitled to use it to create mp3's. Or, you can use a "free" codec, because their patent only applies to one specific way of making mp3 files, as opposed to covering the file format in full.

      Just some thoughts. So far as free hosting goes... there are plenty of places, freeservers, 8m.com, et al...

      And back to where we started, mp3.com is for all intents and purposes of this discussion, a record label, just like any other...

  99. AARGH!! I hate that word - "piracy" by argoff · · Score: 2
    Using the word piracy is just a plain lie. It should be called what it is - copying, perhaps illegal - but it's still copying. Piracy is where you board a ship, beat the hell out of people, terrorize them, and take their ship. I would hardly call this the same as ripping my favorite David Bowie song.

    They've misused the term so much, it's even in the doctionary now. I don't care. I wander if they call black people niggers.

    1. Re:AARGH!! I hate that word - "piracy" by Tom_N · · Score: 1
      Well, whoever chose the term "ripping" for copying the digital audio data from a CD wasn't too bright (if you know what I mean).

      That term suggests "ripping off", and makes it all too easy to portray all digital audio extraction as "piracy", even though there are significant legitimate uses (such as making compilation CDs or MP3s for your own personal use from your own CD collection).

  100. Re:Serious? Civil Disobedience, Spin, and Real Cha by Hacker+Cracker · · Score: 1
    Quoth the poster (emphasis mine):
    There are other models of music creation and compensation on the horizon. See NPR's article on the Street Performer Protocol to see how British band Marilion got more control of their music while still planning to sign with a major label.
    I don't know about you, but I'm sick and tired of hearing the so-called Street Performer Protocol being bandied about as the cure to all IP ills. First of all the whole idea is completely antithetical to what a real street perfomer does: They stand out on the street and perform regardless of whether or not they get any money. Let's get real here and call the Street Performer Protocol what it really is: the Extortionist Artist Prototcol.

    -- Shamus

    Look! The Emperor has no clothes!
  101. Re:Napster will lose and these won't be a replacem by jms · · Score: 3

    You missed the fact that Napster is firmly grounded in the 1992 Audio Home Recording Act.

    In 1992, in exchange for mandatory "royalty" payments on all digital audio recorders and digital audio recording media, Congress created a law that defined all non-commercial copying of audio recordings as non-infringing.

    That's right, every time you buy a blank audio CDR, a small percentage of your money is collected by the government and distributed to the music industry. In exchange, congress legalized all non-commercial copying of music, using any method, on any media, to settle the issue once and for all. One of the main purposes of the AHRA was to end the practice of the recording industry running to Congress for new protection every time a new technology was invented.

    Just in case you feel guilty about artists not being paid, here is a table that shows how your money is divided up by the recording industry every time you buy a blank audio CD or an audio CD recorder:

    (1.75%) of the royalties are paid to the American Federation of Musicians, to be paid to "non-featured" musicians (studio musicians)
    (0.92%) of the royalties are paid to the American Federation of Television and Radio Artists, to be paid to "non-featured" vocalists (backup vocalists)
    (25.60%) of the royalties are paid to "featured recording artists", including such bands as Metallica.
    (38.40%) of the royalties are paid to "copyright owners" (the RIAA companies)
    (16.67%) of the royalties are paid to "music publishers"
    (16.67%) of the royalties are paid to music writers, including such bands as Metallica who write their own songs.

    Here is one of my previous postings regarding the AHRA which goes into more detail on what the AHRA is and why Napster is both completely legal and completely within the spirit of the law as well as the letter.

  102. Radio Piracy by sunbane · · Score: 1

    And Radio Piracy - when a radio station plays a song the RIAA members are not trying to promote by putting it on the hourly playlist - how is this different from streaming?

  103. Re:Serious? Civil Disobedience, Spin, and Real Cha by Paranoid+Diatribe · · Score: 1
    Let's get real here and call the Street Performer Protocol what it really is: the Extortionist Artist Prototcol.

    Firstly, I never said that Marillion used the the Street Performer Protocol. That was the title of NPR's article, which is how I referenced it.

    What Stephen King did was closer to extortion. He gave you a piece, then threatened to not follow up if he made no money. He had the resources to write the story anyway, but he wanted payment after the fact.

    What Marillion did was say to its fans, "Hey, we're not giving up our copyrights anymore to the labels. We want to make another album, but we can't afford it. However, if you front us the money, we will make the album and you'll get a copy of the final product."

    This, in my opinion, is a very significant change in business practice for bands. The model is closer to getting venture capitol from your fans -- if people want a new product, they can "invest" in its creation ahead of time.

    Personally, I would love to see more known artists take this approach.

    There's still the problem of the unknown act. How does a group gain enough fan momentum without being well-known first? From the griping I've heard in the mp3.com forums, this problem has yet to be tackled correctly.

  104. Defined on what authority? by lord+kiwano · · Score: 1
    Last I read that this sort of thing happened (a group with power controlling the common language to maintain support) was about 16 years ago: Orwell's version.

    Onlinepiracy doubleplusungood. Plusgood to protect intellectualproperty of moviesec and musicsec so minitrue works goodly.
    Other news: Victory against Eastasia soon; chocolate rations increased to 6g by miniplenty.

  105. Now it is. Damn it. :P by Chris+Johnson · · Score: 2
    My take on the mp3 patent issue is that the mp3 patent holders are gearing up to act just like the GIF patent holders- if you use mp3 in your business plan they come for you. My $30,000 figure is in error- I misremembered. The relevant information is, "1.0 % of revenue; minimum US$ 0.01 per download (pay-audio, music-on-demand, internet-radio and other types of selling mp3 files)." which is copied from the mp3licensing.com site, and "All agreements with running royalties have an annual minimum of US$ 15,000, creditable against annual royalties.". So the bill would start at $15,000, not $30,000 as I misremembered. *yay* :P I'm not comfortable assuming that free mp3 downloads TO SELL CDS would be considered exempt from this.

    I am certainly going to be looking at other hosting services. I'd like to hook up with one that's got the right motivations- sort of the mp3 or vorbis equivalent of sourceforge. It obviously looks like no free mp3 hosting service can survive if they will be subject to royalties, and again I'm not ready to assume these services won't be held responsible for paying royalties at the minimum one cent per download. If the service has no income and makes no money in any way, how does it operate a server?

    Yes, mp3.com is now operating like any other record label (I can't take the remaining decent bits of the contract seriously when they're so volatile). It didn't used to be- it used to offer a very reasonable, businesslike deal to artists. We need something like that out there.

  106. YEEEEEEEEEEEEEEHAAAAAAAW by Stalcair · · Score: 1
    Lets all jump on the patent band wagon folks! I have applied for patents for these words:

    book

    computer

    the

    a or an

    spam

    e-[word]

    caffeine

    [word].h

    post

    subm it

    preview

    And these letters:

    a,d,e,h,i,k,j,m,n,o,p,s,t,u,y,z

    Furthermore, due to my extensive research and marketing, I own the patents for these items of intellectual property:

    4 chamber heart design

    Cerebellum

    a bone protected spinal cord

    opposable thumbs

    fingers

    reproductive organs

    the reproductive process

    all cholesterol based hormones

    the Right eye

    depth perception from binocular vision

    the Closed Circulation Concept (TM)

    emotional over-reacting (bought from the Democrats back in 1992; pending lawsuit against them underway!)

    errect posture (and the word "erect"(TM)

    beer and any yeast fermentation

    the Immune System (TM)

    Furthermore, I have sent in for a patent for the genetic codes (not just the process of finding and utilizing derived products from) of the current kingdoms:

    animal

    plant

    these are ALL retroactive, so pay up!!!!!

    --

    I seek not only to follow in the footsteps of the men of old, I seek the things they sought.

  107. This community is called mp3.com by yerricde · · Score: 2

    or rather let the artists and the open source community work together to create a an electronic marketplace that does not involve the riaa.

    MP3.com fits every aspect of your comment except the "open source" aspect, which cannot be filled legally until one of these happens:

    • MPEG audio layer 3 patents run out around 2010, at which point LAME becomes non-infringing, or
    • MP3.com begins offering .ogg (Vorbis codec) format audio files (which sound as good as a 50% higher bitrate .mp3).

    <O
    ( \
    XGNOME vs. KDE: the game!
    --
    Will I retire or break 10K?
  108. RIAA holds no copyrights? by yerricde · · Score: 2

    The RIAA has no case, because they hold no relevant copyrights.

    But the labels have given the RIAA what is called "power of attorney" over the copyrights.


    <O
    ( \
    XGNOME vs. KDE: the game!
    --
    Will I retire or break 10K?
  109. Sounds like current system under Disney and Bono by yerricde · · Score: 2

    English copyright was perpetual, and only publishers were granted copyright -- not authors.

    American copyright is perpetual under a loophole in the Constitution: copyright is supposed to last "for limited times" but nothing in the Constitution takes away Congress's right to extend the terms of those rights retroactively whenever they are about to expire <cough>Sonny Bono Act</cough>. And a large fraction of contracts require the authors to sign over all rights to the publisher (often an RIAA/MPAA/etc. member).


    <O
    ( \
    XGNOME vs. KDE: the game!
    --
    Will I retire or break 10K?
  110. Re:Sounds like current system under Disney and Bon by jms · · Score: 2

    American copyright is perpetual under a loophole in the Constitution: copyright is supposed to last "for limited times" but nothing in the Constitution takes away Congress's right to extend the terms of those rights retroactively whenever they are about to expire Sonny Bono Act.

    I completely agree. That's an entirely different battle which is being faught right now.

    And a large fraction of contracts require the authors to sign over all rights to the publisher (often an RIAA/MPAA/etc. member).

    That's a problem arising from the fact that the record labels have, up until now, had a stranglehold on the entire music distribution chain. If you wanted to be published, the price was the same no matter which label you went to -- you had to give them your copyrights. Newer internet labels like mp3.com don't demand your copyrights in exchange for being published -- just a percent of the profits. Napster, of course, doesn't demand anything in exchange for publishing your work, should you choose to publish your work that way.

  111. Supreme Court Case Viewing by male · · Score: 1

    I'm a freshman at george washington university, and unfortunatly feel like a *very* small geek minority here. I'd like to try and see some of these court cases if (when) they get to the supreme court, since now i live here! Anyone want to get together and try and figure out how to do this, if it's possible at all.

    JustinC
    spam.justinc@gwu.edu.spam

  112. Why Gnutellaers freeload by yerricde · · Score: 2

    In my experience, a 56K-class dialup connection is not very full-duplex. When I'm sending large amounts of data (web site updates through FTP or my band's music through Napster), I have terrible pings and transfer rates to web sites. This half-duplicity makes it more efficient for dialup users to freeload. This phenomenon also affects any asymmetric connection (for example, DSL upload speeds can be as low as one-fifth of download speeds).
    <O
    ( \
    XGNOME vs. KDE: the game!

    --
    Will I retire or break 10K?
  113. Record sales. by Greg@RageNet · · Score: 1

    One in ten is not a bad number. One in ten is bad if you are comparing artists to established products. But that is not what we are talking about. You could compare new artists to research and development or startup businesses.

    Companies spend alot on R&D, most of which results in dead ends or does not produce immedate benefits but may be useful down the line. Only one in ten new businesses make it to profitability. This number coencides with the RIAA figure.

    We all know burning CD's is cheap cheap cheap. However to get to burning that first CD you've got to spend alot of money on studio time, hiring industry experts to do editing/producing/etc, and do a ton of promotion of the new act. And you never know beforehand if anyone will like it, most times they don't.

    Record companies more or less equate to high-risk loan companies with correspondingly high interest rates. The successful artists are subsidizing the search for new talent.

    -- Greg

    --
    Slashdot, would a spell-checker for posting be too much to ask? It's not rocket science!
  114. GPL vs. RIAA copyrights: gun metaphor by abe+ferlman · · Score: 1
    no one has ever offered an explanation beyond "Because the GPL is good. The RIAA is bad. The Constitution says copyright only applies to good stuff."

    If you can't see the difference here, perhaps a metaphor will help. Why do we want to let hunters have guns, but not violent felons? The answer is what people are doing with it- the GPL is keeping information free, whereas the RIAA is hoarding information and withering the public domain. The fact that they both use the copyright system has nothing to do with their relative merits.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
  115. Final take on the matter today- by Chris+Johnson · · Score: 2
    When the dust settled, and the cnet story had been revised three times, it looks like mp3.com will not be spamming in the normally understood sense (thankfully). They will be mailing links to streaming media to people who have already established some sort of mp3.com account and specifically asked to be mailed stuff- worst case, to all the hapless netsurfers who didn't go and uncheck all the little 'yes, send me email adverts!' checkboxes that default on. This isn't quite the same thing as UCE to lists of bystanders, and the story changed several times over the course of the day.

    The changes in their artists' agreement are still problematic, and still a dealbreaker for me, personally. What is so wrong with wanting to be asked to sign off on major changes to a contract over MY WORK? _Why_ do they need to sneak in this crap about keeping your stuff in perpetuity, and being allowed to change anything they want in the agreement on five days notice with your only recourse to terminate (but then they get to keep anything associated with a 'Secure Account' in perpetuity anyway!)? We already _have_ a major label record industry, we don't need another :P oh well, time to re-evaluate all my plans yet again. Sometimes I really get this gut level sense that Alvin Toffler was right...

  116. Great. Now they're going after Shoutcast too? by dburr · · Score: 1

    > Online piracy may now also include certain uses of 'streaming' technologies from the Internet."

    Great. Just fscking great. Now they're going after Shoutcast and its ilk (Live365, Icecast/LiveIce, yada yada yada).

    Time to kiss my techno streams goodbye... *Sniff*

    --

    --
    Yomigaeru Aiyan Geek!!!
  117. Illegal tying and shrinkwrap licenses by sulli · · Score: 2
    Kodak and Xerox were both forced in antitrust cases NOT to tie their service and supplies to their products (copiers and film). To force customers of autos to buy affiliated services would be per se illegal under the Sherman Antitrust Act (I think) and so it doesn't happen, much. I would think that if the music biz ever successfully forced consumers to use "affiliated" players or hardware, they'd get spanked hard in antitrust court.

    sulli

    --

    sulli
    RTFJ.