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Student Gets PC Confiscated For Distributing MP3s

MagicYoshi writes "Ziff Davis has this story about Oklahoma State University confiscating a student's PC after the RIAA complained that he was distributing copyrighted music and movies." This doesn't make any sense: why would you go after this kid? Shouldn't you sue the people who wrote his operating system and FTP server? *cough* *cough*.

388 comments

  1. Important point you've missed. by Enahs · · Score: 1

    What he did is illegal.

    --
    Stating on Slashdot that I like cheese since 1997.
    1. Re:Important point you've missed. by Rude+Turnip · · Score: 1

      The American Revolution was illegal.

    2. Re:Important point you've missed. by Enahs · · Score: 1

      True, but if you can explain to me how, say, RCA and/or Universal are infringing on basic inaliable human rights, clue me in.

      It seems the Revolution has failed anyway; the name of the government has changed, the department names have changed; but the big supposed problem, namely extreme taxation, is back.

      The American Revolution was nothing but a carefully-orchestrated coup to protect business interests.

      --
      Stating on Slashdot that I like cheese since 1997.
  2. Re:If the campus has rules... by drsoran · · Score: 1

    It also doesn't say anything about other people copying those works. In fact, it doesn't say much at all. That's the wonderful thing about the Constititution. It's written in such vague language you need the Supreme Court to ultimately decide which of the 10 gazillion interpretations of that sentence is the true binding one.

  3. Re:WTF are you talking about? There's no pleasing by willfe · · Score: 1

    What the fuck do you want? The RIAA shouldn't go after a service that is a haven for music piracy and they shouldn't go after music pirates? Maybe you'd like them simply to spend millions of dollars producing, promoting and distributing music then give away CDs just like AOL. No, quite honestly I'd prefer for the RIAA to go away, die completely, and let the actual content producers (read: "artists") take control of their own product back. Nobody's asking for giveaways. I think most of us are just a bit tired of grabbing our ankles for the sake of RIAA's profit margins.

    --
    Read my stuff.
  4. Re:Hmm.. by warez_d00d · · Score: 1

    Honestly, though, I hope this guy fights back like a sunuvabitch and hits as hard as he can. Illegal or not, I absolutely can't stand some big nasty company (or gov't agency) strongarming someone just to "make an example" out of him/her.


    Yet, surprisingly enough, this is the only method with which you can teach some people.
    Personally, I can't stand people who
    a) know they are doing something illegal
    and
    b) know that the only reason why they get away with it is that legal action against them is too much hassle. Hiding behind the masses if you will.

    A little personal accountability is nice at times and there's nothing better to remind you of this than realising that the person whose life is now screwed up could have been you ( yeah, "make an example" ).

    Nobody would really care if napster were shut down permanently. Sure, you'd move over to another service, which is hassle. But if you were being sued yourself, now that'd be a completely different matter...

    The D00d
  5. Reminiscent of 1995 MIT Case by humphreybogus · · Score: 4
    In 1995, an MIT student named David LaMacchia was prosecuted for allegedly distributing copyrighted software via and FTP server he set up on MIT's Athena workstations.

    He was prosecuted by the federal government under federal wire fraud statutes, but the case was dismissed because the judge found that copyright infringement cannot be prosecuted under the wire fraud statute.

    I wonder if the DMCA has superseded this precedent (though the Massachusetts case may not apply in Oklahoma), which seemed to make FTP sites into "common carriers" in the eyes of the law. More information here.

    1. Re:Reminiscent of 1995 MIT Case by jareds · · Score: 1

      In 1995, an MIT student named David LaMacchia was prosecuted for allegedly distributing copyrighted software via and FTP server he set up on MIT's Athena workstations.

      He was prosecuted by the federal government under federal wire fraud statutes, but the case was dismissed because the judge found that copyright infringement cannot be prosecuted under the wire fraud statute.

      I wonder if the DMCA has superseded this precedent (though the Massachusetts case may not apply in Oklahoma), which seemed to make FTP sites into "common carriers" in the eyes of the law. More information here.

      I believe the reason they were prosecuting under the wire fraud statutes in the first place is that, at that time, they could not prosecute for copyright infringement unless the person was doing it for commercial or financial gain. That was changed, not by the DMCA, but by the No Electronic Theft Act, which allowed prosecution regardless, as long as the total amount of copyrighted material distributed exceeded a specific dollar value (IIRC, a few thousand dollars).

  6. Destroy the true appliances of piracy, OSU by calx · · Score: 1

    I am relieved to find that the competent officials not only seized the students computer, but also his scanner and printer. Thank GOD. That man had the capability to start copying and distributing WRITTEN PICTURES AND WORDS!!! Nice one, OSU, nip piracy in the bud.

  7. Re:Electrons... by connah · · Score: 1

    LOL! You should get a Score: 5, Funny for that one. ;)

    Connah

    --

    Connah
    "Your mouse has moved. Windows NT must be restarted for this change to take effect."
  8. .... by linuxgod · · Score: 1

    SOunds like a bunch of idiotic winblows admins
    crowded around a Unixbox trying to figure where to click their little mouse.

    1. Re:.... by linuxgod · · Score: 1

      In fact im gonna take all my MP3s and put
      them on ftp.linuxgod.net late tonight, or tomorrow. Soon as i get the time to copy them over
      it will be the first thing ill do. Yes, this is a protest.

  9. um .. by Anonymous Coward · · Score: 1

    um .. everybody has the power to issue subpoenas. What you need to do is go down to the country court house where the crime was committed and request a subpoena. Granted, being a huge organization the riaa can prolly make the wheels of the court house spin a little faster, but they arn't *that* unique.

  10. Re:I'm afraid I don't understand... by MoooKow · · Score: 4

    He wasn't just some Warez d00d. He hardly had *any* studio material. His site consisted almost entirely of live/rare/acoustic stuff. I've known/been trading rare stuff with this guy for a long time now.

  11. Drugs, prostitution, "unnatural sex acts", mp3 by Dr.+Awktagon · · Score: 3

    So, just add copying MP3's to the growing list of things that people like to do but are illegal. Things that can drain millions of dollars from the economy in legal fees, court cases, high prices from artificial scarcity, costs of creating pointless encryption schemes, pointless police busts.

    Doesn't it make sense that the way to create value in our economy (ie, make money) is to see what people like to do, and then figure out a way to profit from it?

    Not that I feel particularly sorry for this kid, but I wonder what the RIAA is going to accomplish in their grand scheme of things.

  12. Ohh man... by DrEldarion · · Score: 1

    I wish I had moderator points right now =)

    -- Dr. Eldarion --

  13. Re:Taco... What an idiot you are!!! by Nagash · · Score: 2

    I think Taco was being facetious...

    Woz

  14. Re:If the campus has rules... by willfe · · Score: 2

    Is it civil disobedience when I drive 75 miles per hour on the highway? Nope, not in Colorado (speed limit is 75MPH :) Seriously, I disagree that this is hypocracy. Like I've argued a bit already in other threads of this discussion, nobody's asking for a free ride. Well, okay, some probably are, but I'm not one of them. I don't want to steal from an artist. I also don't want to pile more money into middlemen who don't deserve any of it! Who should get prosecuted? The technology or the individual? NEITHER! Nobody should be arrested for wanting to listen to music without shelling out money to pay for a manager, publicist, ad agency, and other such useless folk. Something has to change -- it certainly isn't getting any better now.

    --
    Read my stuff.
  15. College Computing Centers by pergamon · · Score: 1

    That's nothing --

    My roomate in HS had his computer confiscated simply because someone called up the university, accused my roomate of running software the caller owned (some "talker" software), and threatened to sue. He never even offered to produce evidence that his claims were valid, yet the university acted anyway.

    After having delt with college computing facilities as a student and having worked at one, as well as hearing from friends who have done the same, I can speak with some authority. If the claims even appear to be valid and unless the computing center feels like risking relations with the other departments by putting the whole school in a situation where legal proceedings could be brought, they will likely do whatever the complainers say.

  16. you know ... by Sleeper · · Score: 2

    What could realy make my day is publishing companies going after Public and University libraries and Xerox corporation.

    In fact I think I'm going to go after them myself.

    The fact that somewhere some unwashed graduate student is making copies of my scientific papers (my flesh and blood, so to speak) with the quality very close to the original and shares them with other unwashed graduated students (and may be, God forbid, reads those copies in the bathroom) and public and university libraries geting shitload of money on copy fees and Xerox corporation selling those godawfull machines make me loos my sleep and apetite.

    I feel violated.

    regards

    --
    - Back off man. I am a scientist
    1. Re:you know ... by fb · · Score: 1

      >What could realy make my day is publishing
      >companies going after Public and University
      >libraries and Xerox corporation.

      Which they recently did in Italy, where a law forbidding Xeroxing of copyrighted material and withdrawing _almost_ entirely fair use rights has been approved on Sept 8, 2000, under pressure from editors and publishers of academic material (mainly located in the US).

      I authored half a dozen scientific articles (Physical Review A, Physical Review Letters, Zeitschrift fur Physik...) and had to transfer my copyright to the publisher in order to get them published at all (academic press is even worse than the RIAA). According to the new law I - the author - can't legally make additional copies for my own private use anymore. Talk about screwed... anyway this is the typical way in which copyright works: it protects the rights of the publisher, certainly not those of the author.

      On the other hand I relocated in Switzerland where fair use still holds. And stopped writing scientific articles.

      --
      fB
  17. Excuse me but you missed another million by Beatbyte · · Score: 5

    I think they kinda missed a couple of people. Like the other million college students which are distributing. I hope they go for the ones who are distributing the Backstreet Boys first. then I wouldn't argue

    1. Re:Excuse me but you missed another million by aed · · Score: 1

      They should go after the Backstreet Boys themselves instead. (and all other artists)
      They're the ones who put that copyright there in the first place. If they didn't, people wouldn't need to share copyrighted work (they'd be sharing non-copyrighted work, which isn't illegal) therefore they are the guilty ones.

  18. Re:It is a "Robin Hood" scenario by The+Good+Reverend · · Score: 1

    It is a known fact that the record companies charge artificially high prices for music

    It's a known fact that every business charges more for it's goods and services than it costs to produce, it's called capitalism. Any industry that doesn't turn a profit (save startups) won't last very long. While I agree that the record companies take the point and run with it, they're in business to make a buck, just like everyone else. And I agree with the original poster: if this was me or you, getting some songs to listen to, that's one thing. But advertising anonymous access is just asking for trouble.

    The Good Reverend

  19. If the campus has rules... by Ron+Harwood · · Score: 3

    ...and you break them - you're gonna get in trouble when you're caught.

    Civil disobedience is one thing - but if you take it to far you may end up being a martyr for your cause.

    1. Re:If the campus has rules... by SagSaw · · Score: 1

      I think what a lot of people here are missing is that his computer was not seized for violating school policy, but for violating copyright law, and then only after a search-warrant was issued.

      --
      Come test your mettle in the world of Alter Aeon!
    2. Re:If the campus has rules... by DoorFrame · · Score: 2

      Becoming a martyr is EXACTLY the point of civil disobedience. If you don't get caught and penalized more than the unwashed masses are willing to tolerate then you've gained nothing (except for that Dave Mathews Band version of All Along the Watchtower).

    3. Re:If the campus has rules... by Anonymous Coward · · Score: 1
      You don't have a right to take other people's music without their permission, just like commercial software vendors don't have a right to take open source stuff without obeying its license.

      Is it just me or are other people tired of this simplistic arguement that ignores the intent of the laws involved? The GPL aims at freeing the flow of information whereas copyright works to delimit it. Therefore arguing to protect GPL licensed material (public copyright) against abuse by priviate corporations (priviate copyright) is perfectly coherent if the intent is to open access to information.

      The real arguement is to what extent priviate corporations have tightened copyright's grip as a means of increasing profits and how far as a society we should allow it to continue. Copyright is not a divine right, it was meant as a means towards stimulating innovation by granting new ideas a grace period for the creator. Instead it's become a legal tool used by mega-corporations to protect bad music, bad software and cartoon mice from their competitors at the expense our freedoms.

    4. Re:If the campus has rules... by Yardley · · Score: 3

      If you want to report any other crimes (hint, hint) to the Oklahoma State campus police, just use this nice form:

      Report A Crime to OKU

      --

      --

      --
      He lives in a world where those who do not run the client software of the omnipresent meme are unacceptable.
    5. Re:If the campus has rules... by _xeno_ · · Score: 2
      I don't see anything about 14 years... and life of the author plus 70 certainly sounds limited to me.

      The unfortunate part is that life+10^20 years would be "limited" also. And if you look at the part of the constitution on copyright:

      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'll notice it says nothing about this "fair use" thing people keep talking about...

      --
      You are in a maze of twisty little relative jumps, all alike.
    6. Re:If the campus has rules... by dboyles · · Score: 2

      Is it civil disobedience when I drive 75 miles per hour on the highway? Would you consider me a "martyr" if I get a speeding ticket for driving 75 in a 55 zone, even if I was driving with the flow of traffic?

      No, it's certainly not civil disobedience in the noble sense of the word, but comparing speeding to distributing MP3s is a strech. Downloading MP3s instead of buying the album directly affects the artist - they lose money because you didn't shell out your $17.99. Driving 75 (the speed of traffic, as noted in your example) in a 55 is a victimless crime. In fact, it is safer because the difference in speed is minimized. This is something that some people don't seem to get. As a result of the NHTSA's "speed kills" campaign, I have to deal with people merging onto the highway at 40 mph because "slower is safer."

      Perhaps I'm just jumping on my pet issue (speed limits), and while I agree with the point of your post, the analogy isn't quite right.

      --
      -- "Complacency is a far more dangerous attitude than outrage." -Naomi Littlebear
    7. Re:If the campus has rules... by warez_d00d · · Score: 1

      Just because distributing pirated MP3s and driving 75 in a 55 zone seems trivial to most of us today compared to e.g. discrimination against blacks in the US ~hundred years ago, this doesn't mean that the latter obviously warrants civil disobediance and the former obviously not.

      In the olden days black rights campaigners were acting illegaly, then the law changed.
      These days MP3 pirates act illegaly - and once/if the law changes...

      Yeah, go ahead guys from the PC brigade. Flame me for being racist or something for trivialising MLK. See if I care.

      The d00d

    8. Re:If the campus has rules... by jareds · · Score: 1

      It seems pretty ridiculous that the campus police are enforcing copyright law.

      They were executing a search warrant that involved an area where they presumably had jurisdiction, the campus dorms, just as they probably would have for any other search warrant.

    9. Re:If the campus has rules... by dirk · · Score: 2
      Really? I don't? Are you sure? Let me go check. **digs out my copy of the constitution** Let's see here . . . freedom of speech, religion, right to bear arms, no unreasonable search and seizure, oh! You're right - there is a section on copyright here. But that's funny - it seems to say that after 14 years, I do have the right to take other people's music without their permission. So where did this "artists life plus 700 million years" crap come from?

      In all seriousness though, I will admit that many people download mp3's for the free music. But some people are practicing civil disobedience - hoping to draw attention to the fundamentally broken concept of intellectual property we have today. I don't want a society in which I must have permission to do anything, and get a license agreement on everything I buy, watch, hear, etc. And so, until intellectual property is fixed, I refuse to recognize it's validity, and do believe that downloading free music can be a form of civil disobedience.


      So what your saying is by breaking the law you are trying to get instituted that you're practicing civil disobidience? Or are you making sure that you only download music that "should" be in the public domain? Or are you using this as an excuse to download new music and say by doing that you are trying to get the laws back to what they originally were, even though you're breaking what they originally were? The constituation says a lot of things, and a lot fo them are ignored. Do you think people in the US should have titles such as "Lord" or "Duke"? It's in the constitution, so it must be a great thing right? The constitution is a great document, and I'm glad it's there, but it is only called upon when convenient. If we have to uphold the constitution, then we have to uphold every single line of it. But that wouldn't suit your purposes, so we'll keep yelling about the part we like and ignoring the ones we don't.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    10. Re:If the campus has rules... by um...+Lucas · · Score: 2

      Yeha, and just yesterday there was a story about a guy complaining about how sun was violating his rights somehow, via violating the GPL. SO. Violating musician's rights is okay, but not programmers.... isn't that splendid?

      And when a company goes after napster, yes, people say "no, go after the user". WHen a band goes after the users people say they're attacking their fans. What's an IP holder to do, according to slashdot? GPL it, i suppose.

      That doesn't work. People have every right to determine what rights they'ed like to lend their creations to other to under. Respect their rules, and people will respect yours (not you, original poster, i'm just lecturing :)

    11. Re:If the campus has rules... by Yardley · · Score: 2

      You can read the story in the OKU newspaper, the Daily O'Collegian, here:

      OSU police seize student's computer

      It's being spun by the OKS administration as the student trying to make money ("don't be an entrepreneur") off of the copyrights, although no evidence has been presented or found for that allegation.

      --

      --

      --
      He lives in a world where those who do not run the client software of the omnipresent meme are unacceptable.
    12. Re:If the campus has rules... by Zvp · · Score: 3

      While an unfair view, it is something like this:
      1. Greedy already rich system having its rights violated is not really bad.
      2. Greedy company is unfairly using something donated to the community to profit is bad.

      People trading music over napster don't really make money in their copyright violation.

      Sun was trying to increase the popularity of its platform(and therefore make more money) by using community donated work without releasing the information it was supposed to.

      It isn't so much hypocrisy, just the thought that one group is different than another. I guess it depends on what you believe in more. Freedom of information/giving to the community or IP rights/capitalism(?).

      The whole thing about this mp3 issue is that no one is handling it delicately, as it should be. Artists see their rights being violated, yell at fans, fans get angry. I haven't seen anything here where the artists have asked fans not to download off napster and support them. What about a simple link on their website that says "If you have downloaded mp3s by our group, please support our group and pay us xxx cents per song/click on a banner/fill out marketing survey" Now wouldn't that be better than saying "YOU HAVE VIOLATED MY RIGHTS! STOP AND/OR PAY UP!" because, really, most people using napster don't see anything wrong with downloading songs. It isn't that they want to violate artist rights, it is just that Napster is a much easier way of getting music than buying CDs. If they only cared about free music, they wouldn't bother with buying anything and just tape everything off the radio. Yes artists have the legal right to defend their copyright rights, but that doesn't mean they have to use lawsuits.

    13. Re:If the campus has rules... by pb · · Score: 3

      There's a simple answer to that:

      Obviously, once it stops promoting "The Progress of Science and useful Arts", it should stop being copyright.

      I think that the current copyright laws have hurt consumers in the music and computer industries, and therefore are not promoting useful Arts anymore. Therefore, under the constitution, they should no longer be copyrighted.

      Anyone want to use this as a basis for a Supreme Court case to reform copyright? (or is anyone out there ACTUALLY a lawyer who has some better ideas, and can tell me exactly how stupid that was... :)
      ---
      pb Reply or e-mail; don't vaguely moderate.

      --
      pb Reply or e-mail; don't vaguely moderate.
    14. Re:If the campus has rules... by strlen · · Score: 2

      You can say that Ghandi's followers were going to the sea to get the salt just because the salt was cheaper there. You can say that was Rosa Park was doing was just illegal, she was just tired and wanted to sit where she wanted. Any deliberate breaking of a law which is not there for a good reason _is_ civil disobedience. And I disbelieve your argument, free software is just that free, I can download it, I can modify it, I can give it to my friend. If let's say Sony Music places licenses on it's records, it's not just protecting the music from being distributed for money, it's taking away it's freedom.

    15. Re:If the campus has rules... by YoJ · · Score: 2

      Um, the Constitution explicitly says that the government can't give people titles like Lord or Duke. What crack are you smoking?

    16. Re:If the campus has rules... by Nullsmack · · Score: 1

      that's it, I declare that on this day I own the idea of pooping in the bathroom. You cannot use this idea without my permission or you will be in conflict with IP laws, and that's illegal! My permission costs $1 per 10 minutes that you are using my idea.

      Face it, anyone who uses IP laws is the 40 year old equivavlent of the 13year old snot nosed, beer drinking, redneck bully who picked on you in 3rd grade.
      (This includes, gasp, gpl. ok, I'm ready for my flogging now. You can't be double faced on these issues.)


      -since when did 'MTV' stand for Real World Television instead of MUSIC television?

    17. Re:If the campus has rules... by mpe · · Score: 2

      Downloading MP3s instead of buying the album directly affects the artist - they lose money because you didn't shell out your $17.99.
      Only in the case of tracks which were on an album in the first place...
      Even if the downloader were to directly send the artist several times what they would have got (Wonder how much of that $17.99 ever gets seen by the artist.) there would still be a problem.

    18. Re:If the campus has rules... by generic-man · · Score: 4

      Is it just me, or are other people pissed off about people throwing the words "civil disobedience" around pertaining to MP3's? This is not exactly a major world issue -- it largely deals with students who don't care to pay for music. Stop trying to mask your theft of music by saying "I'm fighting the power!" or "This is civil disobedience!"

      Is it civil disobedience when I drive 75 miles per hour on the highway? Would you consider me a "martyr" if I get a speeding ticket for driving 75 in a 55 zone, even if I was driving with the flow of traffic? People are breaking the law here. Don't trivialize the achievements of MLK, Gandhi, and Rosa Parks by throwing out legal buzzwords. You don't have a right to take other people's music without their permission, just like commercial software vendors don't have a right to take open source stuff without obeying its license. Stop the hypocrisy already.

      --
      For more information, click here.
    19. Re:If the campus has rules... by mpe · · Score: 2

      But that's funny - it seems to say that after 14 years, I do have the right to take other people's music without their permission.

      Considering that ammount of "borrowing" and cover versions in the music industry putting things back to 10-15 years might well benefit artists.

    20. Re:If the campus has rules... by plague3106 · · Score: 1

      What's an IP holder to do, according to slashdot?

      Realize that there is no such thing as IP.

    21. Re:If the campus has rules... by linzeal · · Score: 1

      Bob dylan rules :)

    22. Re:If the campus has rules... by cpt+kangarooski · · Score: 2

      He's probably referring to the original Copyright Act of... what? 1797 or something? It was 14 years, was really only used for books and maps, and hardly anyone even bothered.

      OTOH, if you're using an analog system or a digital system with rights management you _can_ copy music under the AHRA. Napster is trying to use this... perhaps they'll get away with it b/c of the single instance of generational loss when ENCODING the mp3 in the first place, though I doubt it. Still, better to support them than the RIAA. :/

      However, you're wrong IMHO about the life+70 being constitutional. Firstly because the trend of constantly lengthening the duration of copyrights retroactively makes them de facto unlimited (a 'jam tomorrow but never jam today' sort of deal)

      Secondly because it's very arguable that a duration like that does not promote the useful arts and sciences - do you argue that it does? Well in order to be constitutional it has to do that as well.

      And there's the third criteria (which is far more applicable in the DVD cases than the Napster case though it shows up there too) wherein the rights must be held by the author or inventor. An author who WANTS to use DeCSS on their own copyrighted work must be permitted to, or else some of their exclusive rights require the permission of third parties like the MPAA. (and also using it on Public Domain works, of which there haven't been any for a long time, and may never again appear if the MPAA and RIAA have their way)

      Fair use was created by the Judiciary ~150 years ago (and the doctrine still takes precedence over anything Congress says, as it derives from the Constitution) and serves in order to promote the useful arts and sciences. The classic examples are educational use but there are others. Despite not being named in the Constitution, it's pretty clear that if you can't quote some work legally, or resell it, or use any means of choice to use it, the laws aren't constitutional.

      --
      -- 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.
    23. Re:If the campus has rules... by Banjonardo · · Score: 1
      Seriously, I disagree that this is hypocracy. Like I've argued a bit already in other threads of this discussion, nobody's asking for a free ride. Well, okay, some probably are, but I'm not one of them. I don't want to steal from an artist. I also don't want to pile more money into middlemen who don't deserve any of it! Who should get prosecuted? The technology or the individual? NEITHER! Nobody should be arrested for wanting to listen to music without shelling out money to pay for a manager, publicist, ad agency, and other such useless folk.

      Correct me if I am wrong, but you are saying that you pirate MP3s, etc. because you don't want to pay money to the middlemen? (managers, publishers, ad agencies, etc.)

      That's pretty amazing. So therefore you only buy music that isn't legally sold by a website? (There ARE sites which SELL mp3s.) Thats quite noble. You buy MP3s from those sites if they are available, right?

      --

      -----

      Score 3? For what? Being wrong, at length? - smirkleton

    24. Re:If the campus has rules... by sedmonds · · Score: 1

      Hypocrisy is what slashdot is all about. Wasn't so long ago that the same morons who are snivelling now about the injustice were screaming about how the inidividual should be prosecuted instead of napster.

    25. Re:If the campus has rules... by Project_2501 · · Score: 1
      I noticed you used the words "legal buzzwords" for lack of a better word. Well guess what, there is one, its called "legalese" Nice one to add to your vocab. K that was all, my random comment for the day. }8]

      -= Griffis =-

    26. Re:If the campus has rules... by willfe · · Score: 1

      Ding! Someone got it right! You are correct. If I seek an album, I first try to buy it online from the artist. Only if it can't be obtained legally online in electronic form, I'll go out and try to find the album somewhere on the shiny little disc as inexpensively as possible (i.e. I'm a bad little consumer -- I shop for the best price).

      --
      Read my stuff.
    27. Re:If the campus has rules... by skinhead · · Score: 1
      I also don't want to pile more money into middlemen who don't deserve any of it!

      I'm sorry to say this, but yes, they do deserve some of it. They are taking huge financial risks in advertising, especially when the artist is unknown (i.e. when he really needs it). They also arrange opportunities for artists to get some name for him/herself (for example of letting them play in a concert of some, already famous band). Of course they do this because they expect to get some money from it.
      --
      When you smile, the world laughs at you.
    28. Re:If the campus has rules... by titus-g · · Score: 1
      *about how sun was violating his rights somehow, via violating the GPL*

      First time through I read that as about how the sun...

      hey it's late. The scary thing is I didn't even find it surprising that /. might post an article about that, or that somebody might be suing the sun for violating the GPL...

      Is it just me or have things got weird?

      --

      ~ppppppppö

    29. Re:If the campus has rules... by King+of+the+World · · Score: 1

      From my base I believe he's smoking a brand of crack known as `Hubba Bubba`. It has the slogan "big bubbles no troubles".

    30. Re:If the campus has rules... by diablovision · · Score: 1

      Human property made some of us slaves, intellectual property will make us all slaves. Nobody owns ideas.

      Except that they do. It's called copyrights, trademarks, and patents. Violating these is called either infringement or plagiarism. Why don't you take a passage of Jules Verne and try to pass it off as your own? Is that moral, under your standards of morality? The open, unabated theft of due credit and the opportunities to be gained from that?

      Wake the hell up. People own things. Cars, houses, computers, art, and ideas. In the latter case, you shouldn't be restricted from thinking them, but from passing them off as your own. That's theft and plagiarism. Duh.

      --
      120 characters isn't enough to explain it.
    31. Re:If the campus has rules... by g0del · · Score: 1
      You don't have a right to take other people's music without their permission

      Really? I don't? Are you sure? Let me go check. **digs out my copy of the constitution** Let's see here . . . freedom of speech, religion, right to bear arms, no unreasonable search and seizure, oh! You're right - there is a section on copyright here. But that's funny - it seems to say that after 14 years, I do have the right to take other people's music without their permission. So where did this "artists life plus 700 million years" crap come from?

      In all seriousness though, I will admit that many people download mp3's for the free music. But some people are practicing civil disobedience - hoping to draw attention to the fundamentally broken concept of intellectual property we have today. I don't want a society in which I must have permission to do anything, and get a license agreement on everything I buy, watch, hear, etc. And so, until intellectual property is fixed, I refuse to recognize it's validity, and do believe that downloading free music can be a form of civil disobedience.

      G0del

    32. Re:If the campus has rules... by Anonymous Coward · · Score: 2

      Couple of points...

      You're right - there is a section on copyright here. But that's funny - it seems to say that after 14 years, I do have the right to take other people's music without their permission. So where did this "artists life plus 700 million years" crap come from?

      So how much of this kid's collection was from 1986 and earlier?

      WRT the civil disobedience subject, you make a couple of good points. The problem I see is that no group is willing to come out and back these *martyrs* en masse. If you really believe this to be civil disobedience, contribute to his defense fund. Let's see one of these martyrs get enough cash to hire an attorney who is competent enough to take this case to the Supreme Court and maybe get these laws overturned. Start a media campaign (they're whores, give them enough money, they'll say anything), educate. Donate to a political action committee and buy yourselves a congresscritter.

      Do Something! Don't just whine about it on Slashdot. The reality is though, I suspect this kid and many more to come will just roll over and take it up the ass because in spite of all the blustering on forums like this, there really is no *tangible* amount of support for copyright violators. Lots of hot air, no action.

    33. Re:If the campus has rules... by scheme · · Score: 2
      Any deliberate breaking of a law which is not there for a good reason _is_ civil disobedience. And I disbelieve your argument, free software is just that free, I can download it, I can modify it, I can give it to my friend. If let's say Sony Music places licenses on it's records, it's not just protecting the music from being distributed for money, it's taking away it's freedom.

      There's a major difference though. Rosa Parks, Ghandi, and others who used civil disobedience did so knowing that they would get punished and because they would get punished. It's not civil disobedience if you break the laws anonymously and then whine if you get caught and punished. It is civil disobedience if you break the laws openly in order to show that your belief in your cause is strong enough that you fully accept the punishment that will result from your actions.

      --
      "When you sit with a nice girl for two hours, it seems like two minutes. When you sit on a hot stove for two minutes, it
    34. Re:If the campus has rules... by Yardley · · Score: 1

      Now Wired is reporting on the incident.

      --

      --

      --
      He lives in a world where those who do not run the client software of the omnipresent meme are unacceptable.
    35. Re:If the campus has rules... by mi · · Score: 1

      Is it civil disobedience when I drive 75 miles per hour on the highway? Yes, usually, it is, in my opinion. The speed-limits are ridiculously low and the law does not distinguish decent cars from junk, and mature, able-organ drivers from youngsters or from those whose illness(es) or age reduced their reaction time, sight, hearing. In other words, you may be a martyr without knowing it...

      --
      In Soviet Washington the swamp drains you.
    36. Re:If the campus has rules... by Rombuu · · Score: 1

      You're right - there is a section on copyright here. But that's funny - it seems to say that after 14 years, I do have the right to take other people's music without their permission

      That's funny... my copy only 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;

      I don't see anything about 14 years... and life of the author plus 70 certainly sounds limited to me.

      Nice bit of lying though....

      --

      DrLunch.com The site that tells you what's for lunch!
    37. Re:If the campus has rules... by calloc · · Score: 1

      Be careful when mixing 'the law' and 'morality'. There are thousands of cases when breaking the law is the only moral action allowed. For example, you or your passenger are injured, and you speed to the hospital. And further, if i download music from the internet, im not taking anything. There is no less after, than before i listened to it. The same with code, if i download some code, and study its example, and use it for my own purposes, that in no way leaves the software any different. Human property made some of us slaves, intellectual property will make us all slaves. Nobody owns ideas.

    38. Re:If the campus has rules... by Dr.+Evil · · Score: 5

      I get tired of people crying hypocracy when an open forum appears to draw hippcritial conclusions. These are not the opinions of individuals. They are the opinions of those within a group who cry the loudest.

      Some people scream about how much the RIAA sucks and how copyrighted music should be free, others scream about the GPL and how it is being violated. There is no reason to believe that these are the same people.

      Personally I love the GPL, it lets me write derivative software at work without losing my soul. I hate the RIAA, because I can no longer bear to listen to the radio, television or CDs.

      Honour copyrights, not the people who use them to exploit others.

      Pirating bad music taken from exploited musicians doesn't help anybody.

  20. Sue the FTP server software? by AFCArchvile · · Score: 1
    "Shouldn't you sue the people who wrote his operating system and FTP server? *cough* *cough*."

    It depends on whether he was using a Win98 system with Serv-U FTP or if it was a Linux box with Apache. Hell, it could've been NT4 with Microsoft FTP (that one won't let you use the REST command to resume downloads!).

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
    1. Re:Sue the FTP server software? by spongman · · Score: 1
      why exactly would it depend?

      could it be your hypocrisy?

  21. Re:This pisses me off... by Ashen · · Score: 1
  22. Reason... by dane23 · · Score: 1

    They're hoping it will have a chilling effect for other students/universities.

    "See, if you distribute MP3's we're gonna getcha no matter if it's one or a million."

    --


    Warning! Keep Out of Eyes! Wash Out with Water! Don't Drink Soap! Dilute! Dilute!
  23. Laughing by Fervent · · Score: 1
    Shouldn't you sue the people who wrote his operating system and FTP server?

    No, because he deliberately used the OS and FTP to do something illegal. Let's go after all knife manufacturer's, even the ones who make butter knives.

    --

    - I don't care if they globalize against free speech. All my best free thoughts are done in my head.

  24. Re:CmdrTaco, you don't "get it" by Nagash · · Score: 2

    Once again, I'm quite sure Taco was being facetious...

    Woz

  25. This is getting a bit redundant... by FortKnox · · Score: 1

    MP3's in the news? NO WAY!!!
    I was just talking to my friend about how a GPL wasn't being broken and nothing about MP3's was on slashdot. I thought something was going wrong. Can we stay away from these articles? They are getting REALLY REALLY old, and its the same-old stuff. Slashdot is getting to be more like "news for nerds interested in the MP3 scandal and the GPL" than "news for nerds. stuff that matters"...


    -- "Almost everyone is an idiot. If you think I'm exaggerating, then you're one of them."

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:This is getting a bit redundant... by Progoth · · Score: 1

      then don't read it! nobody's forcing you to.

    2. Re:This is getting a bit redundant... by Steveftoth · · Score: 1
      I wish I could moderate this up!

      Unfortunatly, without MP3 news, CT would only have one or two stories to post a day. Imagine only being able to write comments on two stories a day!

    3. Re:This is getting a bit redundant... by Cytlid · · Score: 1

      I'm getting sick of it too. But not because slashdot is mentioning it. This issue hasn't resolved and they're proving that fact. I'm getting sick of hearing about instances like this because there's basically two types of people in the world: those who are technically savvy, and those who aren't. What's really scary is when those who aren't are pretending to be. Which leads me to your sig... "Almost everyone is an idiot. If you think I'm exaggerating, then you're one of them." I love that ;) Now I'm not saying that *you* are one of the tech-naive, the fact that you care and are paying attention shows you aren't... but alot of the folks who make our laws that govern things like the internet and computer industry, well, they just don't "get it". Otherwise they would apply new laws to digital music that would be in effect immidiately instead of using the ones which were probably thought up when the biggest thing they had to be concerned with was 8 tracks and vinyl albums.

      --
      FLR
  26. Re:Wrong is wrong by MoooKow · · Score: 2

    What they don't tell in the article is that 99.9% of the mp3's this kid had were rare/live/acoustic songs. He had maybe 2 or 3 studio albums on his site that people have uploaded.

  27. It wasnt confiscated... by The+Madpostal+Worker · · Score: 4

    it was siezed. The student is facing criminal charges, so they siezed his computer so they could do forensic stuff to it. Much like a car might be siezed if they thought you killed someone.

    /*
    *Not a Sermon, Just a Thought
    */

    --

    /*
    *Not a Sermon, Just a Thought
    */
    1. Re:It wasnt confiscated... by Cramer · · Score: 1

      Last time I checked, destroying evidence was illegal. And if they destroy it, they are responsible for replacing it -- those "drug dealers" don't get their cars back as burned out heaps either. (If you're convicted, you may never get the seized evidence back.)

    2. Re:It wasnt confiscated... by szcx · · Score: 1

      good thing he wasn't running IPv6 or they'd have confiscated his toaster too.

    3. Re:It wasnt confiscated... by Phibian · · Score: 2

      When computer equipment is involved in a criminal investigation, it is always seized. And in Canada anyway, if that computer is on a network, the cops can legally seize all of the computers on the network too.

      When I learned that (from one of the two guys responsible for "computer crime" in Ottawa Carleton (and yes, that includes theft)) I pointed out to the guy that taken to extremes, he could confiscate the entire Internet... (or at least the Canadian part).

      I asked why they wouldn't just take the hard drive or something - his response: "it's more efficient to take the entire system". And then he followed up the conversation with a chilling example of this business guy whose entire network of computers was seized for some reason or another and it turned out he was innocent. So, they returned the stuff (a year later) - but by that time it was too late - he'd had to declare bankrupcy as he couldn't replace the entire network, and still make his lease payments on the original stuff.

      I thought this concept was really outrageous. But it's completely legal. The cop did say that in order to get the paperwork to be able to seize the computers, they have to jump through a lot of hoops (which I happen to believe).

      But it still sucks that if I turn a blind eye to my roommates illegal shinanigans (even if you don't agree that it *ought* to be illegal, it still *is*..) then I'm risking any equipment I have that is on the same network...

    4. Re:It wasnt confiscated... by Frank+T.+Lofaro+Jr. · · Score: 2
      I had a friend this happened to many years ago, for entirely different reasons, and by the time he got his stuff back (much of it damaged) it was so obsolete as to be not worth using.

      If the police damaged his stuff he can sue. Those responsible could also be criminially liable for vandalism.

      Even for undamaged stuff, there might be some grounds for a lawsuit, such as depreciation, loss of use during the time it was seized, etc. A good civil lawyer would be very helpful....

      --
      Just because it CAN be done, doesn't mean it should!
    5. Re:It wasnt confiscated... by SPorter · · Score: 3

      Especially that scanner and printer.... dangerous mp3 sharing devices...

    6. Re:It wasnt confiscated... by Eil · · Score: 2


      Back when I was reading up on the hacker scene (5+ years ago) there were many stories just like this. I'm sure there was exaggeration, but the fact that police actions like this get reported so often is proof enough to me that it does happen.

      And quite frequently. Most of the seizures were on kiddies who were charged with some kind of fraud. And when it's a well-known corporation doing the legal action, you can bet that this kiddies life was pretty much ruined, record-wise.

      Police raids upon law-infringing hackers have been known to range from simple bangering of the suspect to an all-out SWAT Team raid with guns and gas masks. (This, in a low-income apartment building.)

      And you might think that the police tactics are at least somewhat proportional to the crime committed, but that's not the case. I don't feel sorry for the script kiddie who tried to gain a little cash on the side, but I DO feel sympathy for the hacker who's learning got both him and his family harrassed, embarrassed, and these days, physically hurt.

      Anyway... what? MP3's? Oh sorry. Disregard the entire above. :)

    7. Re:It wasnt confiscated... by Eil · · Score: 2


      Feh, "bangering" should have read "badgering".

      (Use the Preview Button! Check those URLs! Don't forget the http://!)

    8. Re:It wasnt confiscated... by mpe · · Score: 2

      If the police damaged his stuff he can sue. Those responsible could also be criminially liable for vandalism. Even for undamaged stuff, there might be some grounds for a lawsuit, such as depreciation, loss of use during the time it was seized, etc. A good civil lawyer would be very helpful....

      The obvious problem is that where the crook is a cop they are likely to also have access to good lawyers who can get them off on a technicality.

    9. Re:It wasnt confiscated... by Detritus · · Score: 2

      So it's illegal. Who's going to prosecute the police and how are you going to prove that it was intentional.

      --
      Mea navis aericumbens anguillis abundat
    10. Re:It wasnt confiscated... by Rakarra · · Score: 1
      Often the "drug dealers" don't get their property back, whether they were convicted or not. At least not until many years after the fact...

    11. Re:It wasnt confiscated... by The+Madpostal+Worker · · Score: 1

      Cops arent always the most bright computerwise, and if you say confused a scanner with an external disk, youd be unhappy. Take it all, keep the configuration constant.

      /*
      *Not a Sermon, Just a Thought
      */

      --

      /*
      *Not a Sermon, Just a Thought
      */
    12. Re:It wasnt confiscated... by dmarcoot · · Score: 1

      so why did they need his monitor, printer, 2 cd -burners, and scanner if they were seacrching for mpg 3 files? this was retaliation.

    13. Re:It wasnt confiscated... by Another+MacHack · · Score: 1

      Every computer on the network too? Uh oh, I'm connected to the internet....

    14. Re:It wasnt confiscated... by ucblockhead · · Score: 2

      True, but they also use "seizing of computer equipment" (or anything, for that matter) as a sort of pre-conviction punishment. They tend to grab everything they are legally allowed to grab and it'll be a long, long time before they finish "examining" it.

      I had a friend this happened to many years ago, for entirely different reasons, and by the time he got his stuff back (much of it damaged) it was so obsolete as to be not worth using.

      Basically, cops typically have a "get the perp" mentallity and will do anything legally allowed to make "the perp's" life less fun. So if the warrant says "all computer equipment", they'll grab all computer equipment. They'll grab the playstation in the corner, not because they think it might have evidence, but because they want to make the guy's life less fun. And once they have it, they'll keep their mits on it until they absolutely have to give it back.

      It is no different from other crimes, BTW. Accused drug dealers don't get their cars back real soon...

      The basic problem is that while the legal system assumes innocence, cops have been trained to assume guilt, and they often try to cram as much punishment in there as they can just in case the guy gets off. (Partly because all too often, guilty guys with good lawyers get off on technicalities, but that's a different story.)

      --
      The cake is a pie
    15. Re:It wasnt confiscated... by JCMay · · Score: 1
      AC Wrote:
      Police officers don't have an easy job and it's made harder by the fact that the media image of the police is rarely accurate.
      C'mon! The media doesn't just portray police negatively. When's the last time they got a technical story right? Computers? Never. Aviation? Never. Science? Never. They never get anything of even a slightly technical nature right.

      Jeff

    16. Re:It wasnt confiscated... by Detritus · · Score: 2

      It isn't always ignorance. Sometimes they are just being malicious, seizing everything that is remotely related to the search warrant. Sometimes the seized equipment is "accidentally" dropped down the stairs.

      --
      Mea navis aericumbens anguillis abundat
  28. whoa there by Lord+Omlette · · Score: 1

    I'm sure he's running Windows or something, but imagine if he was as 1337 as all of you and running Linux, and the RIAA started suing all the major Linux distro companies?

    Ooh, there's something to suggest... It's open source, so it must be evil.
    --
    Peace,
    Lord Omlette
    ICQ# 77863057

    --
    [o]_O
  29. It's like theft... by blueg3 · · Score: 1

    only legal.

    This is a bad, bad precedent to set...

    1. Re:It's like theft... by b0z · · Score: 1

      Not necessarily. I used to work at a college, and the manager of Systems Support said that any computer equipment you put on their network, becomes their property in a way. From a legal side, if I were a l33t h4x0r and decided to DoS microsoft.com from school, M$ would see it as an attack from the school, they are not going to know who it was, and they would expect the school to handle it since it was using their network, and thus their property. Schools have their own sets of rules that you have to live by while a student, and that is often one of them. If you use a baseball bat to go around breaking the windows in the cars in the faculty parking lot, they are going to seize it. Now, as to whether trading mp3's is a moral thing to do, or whether the RIAA is evil or not, is an entirely different discussion, but I don't see this as being different than business as usual for a school, as long as they have a policy that allows for this.

      --
      Mas vale cholo, que mal acompañado.
  30. You're right, thanks for the tip! by Max+von+H. · · Score: 5

    Shouldn't you sue the people who wrote his operating system and FTP server?

    The RIAA and MPAA wish to thank you for your insight. Indeed, we will very soon unleash our blood-thirsty lawyers on all persons who work or have worked on "Open-Source" network software, including their parent operating systems. Such software is not tolerable in a modern, free, capitalist world.

    From now on, everybody is required to run Microsoft Windows(tm) software and pay a mandatory fee of $399/month as a provisional royalty payment for listening to sound and music.

    Thank you.

    /max

    --
    -- It's always darker before it goes pitch black.
    1. Re:You're right, thanks for the tip! by Steeltoe · · Score: 1

      ...and just you people wait for the weekly patches to Microsoft Windows! Those of you that have played Everquest have seen nothing yet...*whimper*

      - Steeltoe

      Ask people if they would do unfair things for personal gain if it was socially acceptable. Those very people should NEVER be in a high position, but always are.

    2. Re:You're right, thanks for the tip! by Bios_Hakr · · Score: 1

      Hey, maybe we could look up that Turing guy's estate and sue them. After all, he started this whole mess. Of course, if the cryptonomicon is right, that could prove to be difficult...

      --
      I'd rather you do it wrong, than for me to have to do it at all.
  31. Re:This pisses me off... by Drestin · · Score: 1

    Ignoring your mainly pathetic, ignorant, uneducated and obviously whiny central point - let me also dash your desire for Scram disk.

    So you've got this encrypted volume with ultra super duper mega uncrackable security. Even the NSA can't break it - the only way in is by knowing your way obtuse and totally freaky weird password.

    Guess what - it'll be effortless for police to get in. Why? Because they'll ask you for the password. Simple as that. "Joe, what is the password?" they'll say and expect you to answer correctly. You don't/won't? The judge will order you to or be found in contempt of court. Don't/won't? You'll go to jail - later be asked again. Still won't? You'll be found guilty of obstruction of justice and put in jail. Upon release you'll be asked again - won't do it? Repeat the above. AND you don't even have to be guilty of the original charge. No one cares at that point.

    Oh - decide you want to install some "insto-delete-it-and-overwrite-it" software? Cops come in and you hit Ctl-Alt-Shift-Z and even the NSA can't read the drive. Into jail you go for destruction of evidence, obstruction of justice AND they'll prosecute you anyway and they will claim they say this or that on your system and have screen shots and print outs andyou'll have NOTHING to counter with other than "No, you're lying but I erased my proof cause I wanted to but I'm innocent."

    So, Shmoe - feel better ...

  32. MP3 _itself_ can be illegal. by yerricde · · Score: 2

    Compressing audio with the MP3 algorithm, storing such files, and playing them back is certainly not illegal.

    If you don't have a license from Fraunhofer/Thomson, making, using, or selling MP3 files is patent infringement.


    <O
    ( \
    XGNOME vs. KDE: the game!
    --
    Will I retire or break 10K?
    1. Re:MP3 _itself_ can be illegal. by willfe · · Score: 1

      Only in some countries. And even in countries that do honor patents, isn't there some controversy over the validity of the MP3 patent(s)? Regardless, there's always Ogg Vorbis and plenty of other open standards to avoid that technicality.

      --
      Read my stuff.
  33. Artists as much against piracy as RIAA by Carnage4Life · · Score: 2

    No, quite honestly I'd prefer for the RIAA to go away, die completely, and let the actual content producers (read: "artists") take control of their own product back.

    The content producers who own their own copyrights have spoken loud and clear about how they feel about sharing music.

    I have no idea where the mistaken assumption comes from that artists are OK with their music being pirated. it's just one of those slashdot myths I guess.



    1. Re:Artists as much against piracy as RIAA by willfe · · Score: 1

      Please show where I've advocated piracy. Please. Didn't I just get finished saying I want to pay the artists directly for the music I enjoy? I don't want to pay middlemen, I want to pay the artist. Metallica can smeg off and die. Given that bootlegging is precisely what set off their career in the first place, the fact that they're now giving the finger to their fans means they're nearly as greedy as the industry they claim to hate. I must also admit a complete lack of concern over what a rapper thinks about it. Rap seems to be a mostly rip-off job as it is anyway (sampling other songs instead of generating new material worth listening to). Mind you, that's opinion, not statement of fact about rap, not that this little disclaimer will stop rabid rap fans from attacking. It sounds like I'm discounting artists' opinions when they don't match mine, but thankfully the simple matter of their opinion being in the minority helps too. Other artists (Courtney Love comes to mind) have also expressed their opinions about people sharing music. As an artist, would you prefer people paying you for the MP3s of your latest album, and sharing amongst friends (at least with some chance of earning a profit) or would you rather just piss all your chances of making money away by going to the labels? I suppose none of this honestly matters. Okay, let's say for a minute the RIAA succeeds and wipes Napster off the face of the earth and kills the MP3 format. Well bugger. The people who want music and don't want to pay for it will still have their music without paying for it. It'll just be another technology. Perhaps we should let the RIAA continue on their crusage against technology and personal freedom. At least it'll bring newer (hopefully better :) technlogy about faster.

      --
      Read my stuff.
  34. Can I throw the switch? by xant · · Score: 1

    Hell, I'll even round them up for ya.

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
  35. Re:This Situation Is Different by kugano · · Score: 1

    We have (or rather, had) the same problem here at UIUC. Before the networking guys imposed a 500MB/day transfer limit on each computer in the dorms, a frighteningly large percentage of the campus bandwidth was being used for MP3s. (If I remember correctly the statistic was somewhere around 10%!)

    Also amusing is the fact that computers in the dorms here regularly show up higher on the bandwidth usage than ANY of the other machines on campus, including research computers and machines at on-campus organizations such as the NCSA, which does HUGE amounts of data transfer for their computational simulations.

    Check out the by-day bandwidth usage statistics here.

    --
    kugano
  36. Technically inaccurate by digitalmind · · Score: 1

    First of all, it says that the article is from By Cecily Barnes, CNET News.com, not Ziff-Davis, and it's on YAHOO!

    As far as the article: ...to download MP3 music files and even several full-length movies.

    (snip)

    ...
    The seized computer gear included 105 gigabytes of hard drive space, of which about 40GB were made available to visitors. Assuming the average music file occupies about 4MB, the student could have had approximately 10,000 songs available for download.


    Hmm, he's got both FULL LENGTH MOVIES and music files on his system. That means it is quite impossible for all of the 40 gigs available to the public to be nothing but MP3 files. DUH!

    As far as the student, he is a moron. If you plan on running an ILLEGAL MP3 SITE on THE UNIVERSITIES BANDWIDTH, you cannot honestly expect to continue running it for an extended period of time without somebody (like the sysadmin) noticing that you are being a bandwidth hog.

    I find it interesting that the RIAA is going after him as opposed to the MPAA for distributing illegal movies as well.

    I am also somewhat glad that the RIAA had his account pulled. Look at this quote:
    "He was advocating other people to download the music and upload music he didn't have," said James Alexander, an OSU assistant director. "He'd been advertising in chat rooms and we decided to notify the police."

    SPAMMER! DIE!br>
    Legal info: The points of view represented above are those of I and I alone. Not those of my friends, relatives or parents, who are deeply offended.



    Kris
    botboy60@hotmail.com
    Nerdnetwork.net

    --



    Kris
    botboy60@hotmail.com
    Nerdnetwork.net
  37. Re:Hmm... by goldmeer · · Score: 1
    I've never heard of the "no seizing the TV" thing. But how many crimes are committed through the proper use of a television?

    The only two that I can think of require seperate, add on equipment.

    Add some hidden cameras thought the neighbours' apartments, and you have a possible crime.

    Add a VCR or DVD player, move the television next to the window, and you may be violating copyright. (public viewing)

    Aside from that I cannot see how use of a television can be a part of a crime.

  38. Re:Student Has Fingers, Eyes Seized by RIAA by Johnny+Starrock · · Score: 1

    THIS JUST IN

    RIAA sues clerk for humming, whistling. Details to follow...
    -----------

    --

    end communication
  39. MP3 distribution = = Crack house by eclectro · · Score: 1

    cnet also ran this story, and there was this choice quote;

    Everett Eaton, public safety director at OSU, said the department obtained a search warrant from the Payne County District Court in Oklahoma and seized the student's computer equipment.

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  40. Exactly: he broke the law by Andrew+Dvorak · · Score: 2

    Exactly! Nobody is above or immune from the law, not even the lawmakers. And the best way to get laws changed is to become a lawmaker!

    -Citizens for the election of Andrew Dvorak to a seat in Congress representing the 1651213th Congressional District.


  41. Re:Precendent Schmecedent by Markar · · Score: 1

    Why isn't this a /. 'Your Rights Online' article? Where is the legislation that gives them this right? When was it granted?

    --
    "Open code, in other words, can be a check on state power." -Lawrence Lessig
  42. Prosecute the Accused by jhernand · · Score: 1

    Obviously this person had enough material in distribution to constitute a major violation. After all, they're not "blaming the messenger" on this one. I'm OK with that. What I mean is that Napster, ftp, IRC are just tools, like plenty of others with potentially misguided uses. You don't sue the makers of Slim Jims because crooks use them to illegally open car doors. You don't sue the makers of radar detectors because people use them to get away with speeding. You don't sue the makers of guns because people use them to shoot other people. It would be simply unjust to take away the legal uses of such tools, EVEN if misuse is widespread. It's pretty hard to refute this argument, in my opinion. This case is something else entirely -- they're prosecuting the accused. No problem there. The message - don't be stupid about MP3's, and above all, don't get caught!

  43. Re:Hmm.. by willfe · · Score: 1

    Quite simple. I never said I don't want to pay for the artist's work, I just don't want to pay for managers, advertising, and other such middle-men. How much money do the artists really see out of the (minimum of) $15 one shells out for a new CD? A few cents? Smeg that. I'd pay something reasonable for an album, perhaps a few dollars, but only if it goes straight into the artist's pocket. Is that clear enough for you to grasp or do I need to get out the crayons? And as far as asking the RIAA to set an example, you're damned right I still insist they do it. Shouldn't be tossing rocks when they live in a shiny glass house. Can you honestly say you believe that everybody who works for the RIAA, including the very same people pushing all this litigation, are totally innocent and have never copied a CD? To phrase it a different way, do you really think the owners of the major record labels have to pay for the albums their companies produce? Didn't think so.

    --
    Read my stuff.
  44. Re:I'm afraid I don't understand... by Forgotten · · Score: 1

    On the one hand, you say "he was doing something illegal, good thing they got him". On the other hand you say that you do legally the exact same thing. The fact that the mode of distribution differs in your eyes is an immensely hypocritical rationalisation. The law doesn't care and wouldn't make that distinction - you (and I) practice the same copyright infringement as he does (he wasn't selling this stuff for profit). That's why you should be concerned.

    Don't confuse legality with morality (and don't assume anyone else will agree with your morality anyway).

  45. Re:Taco... What an idiot you are!!! by UnknownSoldier · · Score: 1

    > Intellectual property is theft

    Oh please. Are you saying using someone else's concepts such as math and physics is theft?

    Intellectual property rights are neither.

    The Libertarian Case Against Intellectual Property Rights

  46. God, I hope this was sarcasm by Rombuu · · Score: 3

    This doesn't make any sense: why would you go after this kid?

    I know you all have some silly ideas, but there is this thing called holding people responsible for their actions. I know its been passe for the past 20 years or so, but it really isn't such a bad idea.

    I for one would be incredibly entertained if they started going after individual Napster users for copyright violations...It would be great

    Judge: Your defense, Mr. er, Eleet Haxor
    Haxor: Information wants to be free! I'm stickin' it to the Man!
    Judge: Interesting... (gavel slams) Guilty as Charged!


    --

    DrLunch.com The site that tells you what's for lunch!
    1. Re:God, I hope this was sarcasm by DarkProphet · · Score: 1

      I too would also be entertained to no end if the RIAA (or whomever) started going after individual Napster users (and thier ilk), just for the sole fact that prosecuting millions of people would surely bankrupt the RIAA.

      Now, I am a musician myself, and I can tell you right now that there aren't all that many bands that actually give a shit if thier music is traded ala mp3. Guess why.

      Because even though CD's cost what, between 12 and 17 dollars, the band or artist only sees a small fraction of that amount, and after paying thier dues to the record label, they make anywhere from .40 to 1 dollar per CD.

      I think it would be quite fair to suggest that the musicians that have spoken out against Napster and such are only doing so because thier record label is either pressuring them to do so, or offering a large chunk of cash for thier endorsement.

      I can tell you, as a musician, that I would be absolutely thrilled if my music, even full albums, were distributed via the net. Why? Like I said, a band doesn't make a lot of money on CD sales. They make orders of magnitude more money by doing concerts and selling merchandise (such as T-shirts, hats, whatever), which the record company gets approxamately zero money from. I'd make one hell of a lot more money from the sheer amount of people exposed to music via mp3 than I would just selling CDs.

      To make matters even worse, the major record labels are actually destroying the music community. They insist on heavily marketing their prefab artists (the Backstreet Boys and/or Britney Spears come to mind), and focus less on signing smaller bands, unless they are completely sure those bands can be turned into the Next Big Thing(TM)

      What the RIAA is attempting to do now is to secure their future by ensuring that their current (very profitable) business practices are protected under federal law.

      Of course, some bands may not want thier music to be so easily distributed on the net, and thats fine. So why are those bands allowing thier music to be distributed on a completely insecure format (compact discs)?? Because they have no choice! People are not going to be likely to buy a new and improved SECURE-CD player, which would in theory enable copy protection, because it offers no clear advantage to the consumer. Furthermore, even if a SECURE-CD format was released, its only a matter of time before that copy protection is cracked, much like DVD and DeCSS.

      If the record companies would like to survive, they are going to have to change the way they play the game, whether the like it or not. You can either embrace technology, or let it be your downfall, but you cannot stop technology. The sheer number of MP3 users in existance should be more than enough proof for this, and regardless of how many people are arrested and have equipment siezed, people are still going to trade (illegal) digital music. The music industry can either find a way to cash in on this, or spend the rest of eternity prosecuting people for the love of money.

      --
      What could possibly hurt the security of the American people more than giving our own government the ability to hide its
  47. Re:POLICE STATE by SagSaw · · Score: 1

    The campus police did not just choose to confiscate his computer. They were able to get a search warrent allowing them to sieze his computer equipment.


    I aggree though, that it would be very wrong for the campus police to sieze his equipment without any search warrent or anyother hint of due-process.

    --
    Come test your mettle in the world of Alter Aeon!
  48. Entirely misleading Article Title! by Drestin · · Score: 1

    The student didn't get his PC confiscated for distributing MP3. He was busted for distributing copyrighted music he didn't have the right to distribute (doesn't matter if he owned the original CD or not).

    When some warez kiddies are busted for posting copies of Office 2000 - why doesn't the community rise up to protect him declaring: "Computer User Arrested For Distributing RAR files!" They are coming after the RAR format! They want to stiffle our ability to compress! Those bastards! They are trying to slow us down by making us send larger files! It's a plot by the ZIP format MiBs! They want to make us use large single ZIPs instead of chasing down and making repost requests for Photoshop55DoD.r32 or the SFV file.

    Oh the hypocracy! I like playing a game. Every time I read about "Save Napster" or how it should be legal to steal music and distribute it - I just replace the appropriate words/terms with those for warez. Gee - don't ever see that on /. or EFF...

    db

  49. Re:This Situation Is Different by MoooKow · · Score: 1

    Thanks for playing, but you're not exactly "in the know". 1) This kid built up almost his entire collection of *Live/Acoustic/Rare* mp3's on a modem/dsl line at home. 2) He didn't just let anyone leech off his server. He creates accounts for other people who have lots of rare/acoustic songs that he doesn't have and trades with only them.
    This kid wasn't exactly a bandwidth hog, and you sound like an idiot when you make unfounded claims like that with *no* evidence what so ever.

  50. Re:It is a "Robin Hood" scenario by Coward,+Anonymous · · Score: 1

    in the case of MP3s I think a vast majority of people KNOW they are stealing but don't feel bad about it.

    I think the vast majority of people in jail for theft knew they were stealing but didn't feel bad about it.

  51. Re:Amen by Malk-a-mite · · Score: 1
    "Just give the +1 based on seniority."

    Just because you've been here a while doesn't mean you have anything worthwhile to say. :)
    Seniority doesn't always work.

    Malk-a-mite

  52. an OSU student perspective. by evilned · · Score: 2

    First,let me say that I am a student at OSU. Until recently, the campus has been pretty cool about mp3's, letting napster run rampant ( we havent had the problems of it sucking all the bandwidth). Now we find that they are gonna go after an mp3 pirate. OK fine, they are legally obligated to do so after they are informed that such a thing is taking place. My problem is the fact that cracking runs rampant on campus and there is little if any enoforcement on that. I have forwarded attack logs on several occasions (none of the attacks have been successful so far), and have heard nothing from them. Aren't they legally obligated to do something about that? Its attempted breaking and entering, which is a crime I'd consider more serious than copyright infringement. In my opinion, they need to stop wasting their time with this RIAA bs, and actually do something of service to the students, like maybe help stop the cracking on campus. Once they do that, then if they feel the need to be the RIAA's lapdog, thats their business. Do what the students and state government pay you to do, provide a safe and reasonably secure network. Then worry about the rest.

    --

    "My head hurts, My feet stink, and I dont love Jesus." -Jimmy Buffett

    1. Re:an OSU student perspective. by AntiNorm · · Score: 1

      From the April 7, 2000 issue of the O'Colly (campus newspaper for those of you who aren't students here) --
      The FBI has even gotten involved in a case that involved a student hacking into a Department of Energy subcontractor's server.

      What, if anything, does this imply? Sure, if they get a complaint from the FBI, they had darn well better act on it. But if they get complaints from a student, nothing?

      =================================

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
  53. Re:So what? by aozilla · · Score: 1

    This cannot be equated with distributing violations of the GPL, because there is no non-commercial reason to distribute a violation of the GPL. You are specifically allowed to distribute GPLed software in binary form only for non-commercial use.

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  54. Re:What is the source of your argument? by MoooKow · · Score: 1

    I'm a friend of his. I have known this individual for quite a long time. He told me about his computer being confiscated the day it happened.

  55. Amen by waldoj · · Score: 1

    Thanks for saving me the trouble of expressing that. You did it better than I would've, anyhow.

    -Waldo

    1. Re:Amen by Fishstick · · Score: 2

      >End the +50 karma cap!

      Just curious, but why? I love it. Negates the whole "karma-whore" accusation syndrome. You get to 50, you have all the karma you'll ever need to be able to MM, Moderate and have +2 scores, why would you want to be able to get more?

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    2. Re:Amen by MrBogus · · Score: 1

      Likewise, just because you've whored your way up to 25 karma (or several hundred in the case of Enoch Root, Fascdot, or Sig11), doesn't mean you have anything worthwhile to say either.

      --

      When I hear the word 'innovation', I reach for my pistol.
    3. Re:Amen by waldoj · · Score: 1

      For me, it's a real bummer to have my karma only go down. Additionally, it ends any incentive, for those who rely on numbers for such things, to make positive contributions to the /. community. Though I must admit that the overall desire to engage in interesting conversation is my main goal in participating in Slashdot, I do find that a general score serves as a good overview of my contributions. (Question the usefulness and accuracy of the existing system as you will.)

      Also, I do feel like the rules were changed in the middle of the game. I was playing by the rules, doing fairly well, and then they were just yanked out. My uncle won a silver in the Olympics (hockey) in the 70s. The rules of hockey were changed after the game but before the award ceremony (I must admit that I know virtually nothing about hockey), and he was only give a bronze. I guess I feel sort of like that, in a small way.

      JM2C.

      -Waldo

    4. Re:Amen by MrBogus · · Score: 2

      Why not just get rid of karma all together? Virtually everyone whose been here longer than a couple months has over 25 karma, so they get the +1 and you can't see anyone elses karma anyway.

      This makes karma worthless as a "reputation" system, which was the orginal idea anyway. Just give the +1 based on seniority.

      Slashdot did not always have karma. There was a period when there was moderation and no karma. People got the positive reinforcement for posting something acceptable, but there weren't folks like waldoj and Shoeboy keeping score. IMO, the S/N ratio was much higher.

      --

      When I hear the word 'innovation', I reach for my pistol.
    5. Re:Amen by Fishstick · · Score: 2

      Well, I guess I can see that. I can kind of relate because I had all my karma taken away at one point for violating am unwritten rule, moderating down signal 11. I guess I judge how much my contribution to /. is by how much discussion my comments start.

      Karma shouldn't be an incentive to post, though. I see it more as an equalizer to keep people with something to say that the majority thinks should be heard from being drowned out by those who have nothing to add to the discussion.

      --

      There is much cruelty in the universe, John.
      Yeah, we seem to have the tour map.

    6. Re:Amen by gulped · · Score: 1
      precisely.

      I have about 13 karma.

      I don't even troll.

      most of the karma drops came from metamoderation of my moderations...

    7. Re:Amen by cduffy · · Score: 2

      Yah, but those have been around for a bit (particularly long 'nuff to reminice 'bout how nice /. was in the Good Old Days) have a better appreciation for the community's standards.

      But then again, as user 652 (and I waited a bit before getting an account), maybe that's just self-interest speaking...

  56. Re:Hmm.. by Timmythec · · Score: 1

    People are going on about how mp3's aren't illegal.. I mis worded.. Mp3's are legal if you own the albums and blah blah blah you know all that stuff.. but What he was doing with the mp3s was illegal. Therefore, he should be punished.. Maybe not having his computer taken away, but going to find, *.mp3 and deleting them all. :)

    --
    -TimmyC, Tech Guru
  57. Where's your homework, Billy? by psocccer · · Score: 1

    Billy: Sorry teacher... The RIAA confescated my PC. Teacher: That's the stupidest excuse I have ever heard, report to the principals office!! Billy: But.. Damn, I should have just said my dog ate it.

  58. Are these comments playing into the RIAA's hands? by devapoj · · Score: 1

    The point of the case against Napster seems to be that of personal / fair use (i.e. giving a copy to a friend... who might buy the CD anyway later). The fact that it is an FTP server of such a magnitude seems to fall outside even that.

    More worringly for me is the fact that a large number of comments are aimed at the RIAA, which, while many may be valid, makes me fear that we are unwittingly, just endorsing their claim that the open source movement (those who participate /.) are committed to software (and IP as a whole) being free regardless of copyright issues. In short they say we value free (even pirated) beer. I say we value free speech more (and any free beer is a welcome bonus).

    --

    Karma makes sense. It makes a lot more sense if you add reincarnation.

  59. Re:Public safety by Cylix · · Score: 1

    Have you been to a large college lately?

    After visiting a large number of universities I have come to the conclusion that all college students are pure evil. They drink, party, rave, destroy valuable goods and now distribute MP3!!!... all in the name of fun.

    They travel in packs... so make sure you take something to deter them in the event you are seen. I recommend either a small amount of illegal substances (mp3 or drugs) and to toss these in the oppossite direction you are fleeing.

    Be safe, Be aware, just dont use Be.

    --
    "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
  60. Re:Public safety by irksome · · Score: 1

    The campus police at the State University that I'm most familiar with are actually deputies of the local County Sherriff's office that are given new uniforms. The University pays to rent the employees from the Sherriff's department, but I don't believe they're actually employees of the University.

    -

  61. IF(OREGON != OKLAHOMA){ SCORE(3); } by fluxrad · · Score: 1

    aw, come on man...all the cool kids are gettin' their degrees from the University of Oklahoma at Portland.

    My only question is why a post like that was moderated up to 3. Is this the day the teddy-bears have their picnic or something?


    FluX
    After 16 years, MTV has finally completed its deevolution into the shiny things network

    --
    "It is seldom that liberty of any kind is lost all at once." -David Hume
  62. Re:It is a "Robin Hood" scenario by jayhawk88 · · Score: 4

    It is a known fact that the record companies charge artificially high prices for music, and the artist sees very very little of this money

    And how many of this kids 40+ gigs do you suppose was filled with new, unappreciated, or otherwise struggling artists? Or do you suppose this was 40 gigs of Metallica, Madonna, Master P and similar high-profile artists, who have no trouble making money under the current system?

    People who steal from the rich (record companies) and give to the poor (college students who enjoy music) are seen as modern day "Robin Hood"s and are considered heros, just like the legendary person.

    First of all, Robin Hood, at least how you know him, is a work of pure fiction. If there ever was a real-life basis for Robin Hood (something that is debatable by historians), he likely was nothing more than a common thief. The fact that he happened to be stealing from an unpopular king is probably the only thing that made him famous.

    Second, let's get a little perspective here, shall we? We're talking about the theft of music CD's via the MP3 file format: a luxury item. Let me repeat that: A Luxury Item. You can live without music. You can make your own music, or only listen to music created by those who don't try to sell it at exorbinate prices. Go downtown in an city of size on Friday or Saturday night, and you can hear a live bands all night for a few dollars cover. Attend local music festivals, and hear more music than you can probably listen to.

    But please, do not point at a $15 Metallica CD, and cry to everone who will listen about how wrong it is to charge such a price, and how you must steal it to defeat the evil record companies. That's just pathetic.

  63. Re:Taco... What an idiot you are!!! by erotus · · Score: 1

    "But I totally disagree with going after his OS maker and FTP software writer. That is just plain DUMB."

    I hope you are trying to be funny. Taco is also trying to be funny! IF you have been keeping up with the napster case you would see a humorous irony in his statement... He in no way meant for people to take him literally. Hello? I think you need to get back in the game.

  64. Do Something!! by owillis · · Score: 1

    I urge anyone who is outraged by this to join the DigitalContent PAC, a new grassroots organization that will represent the rights of citizens with these issues.

    http://www.egroups.com/group/DigitalContent
    DigitalContent PAC

    --
    OliverWillis.Com
    An Operative with an Agenda
  65. Re:This wasn't just some kid with a Rio... by MoooKow · · Score: 1

    Yes, he had 40 gigs of *LIVE* and *ACOUSTIC* performances - not studio albums. There is nothing criminal in have 100 gigs of harddrive space either. I have 60 gigs to store the mp3's of all the CD's I own (as well as to have large amounts of space free while doing video and sound editing). People here on slashdot need to quick jumping to conclusions based on knowledge they *don't* have.

  66. DeCSS and Napster by David+Jao · · Score: 2
    Don't add more confusion by trying to link DeCSS and Napster--they're different ends of the spectrum.

    I didn't mention Napster in my post at all. Napster wasn't mentioned in the story submission either. Any inferred connection between the two is a product of your imagination.

    If anything, I should be guilty of -1: Offtopic instead of unwarranted linkage of the two.

    do anything except claim that your desire to get music for free is some sort of noble cause.

    I never claimed in my post that I want music for free; indeed, I have no such desire. For the past three years I have completely boycotted all North American record labels and music produced by such labels, but I spend plenty of money on CDs made outside of North America.

    Free music is not a noble cause and is not worth the risk of civil disobedience. Free speech is.

  67. Re:Actually they wouldn't be sharing anything by dalraun · · Score: 1

    > ...beg in the street or work on
    > something else to survive.

    Some of the best musicians I know have jobs during the day.

    Music is important in the lives of all people in all cultures. Creating and listening to music is something that all people do, and the way this has been corrupted by the music "industry" is sad.

    The fact that people will argue for the economic "rights" of musicians today just shows how far capitalism has been ingrained into American lives.

    There are things more important than money, and there are actually musicians out there that realize this.

  68. Nope, by webslacker · · Score: 1

    Being a martyr involves getting killed.

  69. Re:WTF are you talking about? There's no pleasing by moderatorssuckdotcom · · Score: 1

    What the fuck do you want?

    I want free music, dammit! That is what this is all about, isn't it? So why not just admit it?

    Hello, my name is Barney, and I don't want to pay for music.

  70. Re:Don't get confused... Think for yourself. by jareds · · Score: 2

    "It starts becoming a major world issue when record and movie companies buy laws such as the Digital Millennium Copyright Act which say that I cannot even listen to SDMI music or watch DVD movies except under their terms."

    Don't buy the product if you don't like the licnese. It's morally wrong for you to tell others what they should do with thier own property.

    The problem is that the license not to use DVDs on unlicensed players is created by enacting criminal legislation, rather than being negotiated at time of sale, and affects more than just people who buy DVDs.

    If you think it's morally wrong to tell others what they should do with their property, you should certainly agree that it's morally wrong to pass a law preventing a person, who might not have ever purchased DVDs and therefore would not be subject to any agreement with the MPRAA, from distributing a program which they have a license from the author to distribute, merely because it is possible to use that program in a way that might break some third party's agreement with the MPAA.

    "It's a major issue that even if I have the technical skills to circumvent their restrictions, I can't utilize or publicize those skills for fear of turning into a Jon Johansen"

    Don't break the law, and you'll not have any problems. Simple.

    But the law in question, by your own statement about the morality of telling others what to do with their property, is immoral. Distributing or creating a program that decrypts CSS-encrypted material violates no one's property rights. Even if it is possible to use it in such a way, that should not be grounds for its creation and distribution to be prohibited by law.

  71. Re:This Situation Is Different by plastik55 · · Score: 1
    Every once in a while, the network at my campus slows to a crawl and I *know* it is because somebody planning a party has decided to download 50-100 MP3s within the span of a few hours.

    Really? Over here it's because someone is downloading an ISO of some Linux distro.

    In other words, stop complaining.

    --

    I have a positive modifier on Troll. When I mod someone Troll their karma should go UP!

  72. Re:This Situation Is Different by Forrestina · · Score: 2
    yeah, i used to run a public server that was listed in some of the search engines and stuff. and so i got a letter from the RIAA and my ISP (actually, the letter from the RIAA was forwarded to me from my ISP, since they tried to get me shut down there).

    and it was dumb, they mentioned i was stealing from so and so, and i had 1 mp3 of them. they get all pissy about the maybe 50 major label ones i had, mostly covers, and a lot of the ones they got mad about, were legit, i had the cd sitting not 6 feet from me.

    since then, i leave it just for access by my friends, and we try new things out, and then we go spend tons to expand our huge cd collections. and i havn't once gotten notice about that.

    i still don't know what the music industry is complaining about. i don't watch mtv, or listen to the trash on the radio. mp3 is how i hear new things. it's not the new things they want me to hear i guess.

    i've bought more cds from downloading the albums, or a couple of songs, than i have any other manner. i think i've bought 1 cd from the radio, about 50 because my friends showed the bands to me. and about 150 because i checked them out in mp3 beforehand, and i buy it as soon as i have the cash and can afford the cd.

    but, i guess they'd rather me not buy anything at all if they won't let me hear it. so, maybe i will just stop buying for all the good it does me.

    -------

    --

    -------
    "don't smoke, don't drink, don't fuck
    at least i can fucking think"
    Minor Threat

  73. Re:unquestioning obedience of laws by Nodatadj · · Score: 1
    I claim no property rights on the content of a DVD disc, but I assert full property rights on the material the disc is made of. If I have the technical skill to play back the material with my own computer (not copy, just play back), this act should not be illegal

    You are not playing back the material, you are playing back the contents. You seem to have greatly confused contents and material. There is nothing stopping you from spinning the disc in a machine, just like there's nothing stopping you from throwing it against a wall.

    What there is, is a law stopping you from reading the contents, which you claim no right on.

    It might not be the right law, or morally correct, but it's there, and it's what they decided to do. Either live with it, or do something that is not illegal to protest (stop buying DVDs might be a start).


    iain

    "Life is unfair, kill yourself or get over it"

  74. Writer? by sbergstrom · · Score: 1
    "This doesn't make any sense: why would you go after this kid? Shouldn't you sue the people who wrote his operating system and FTP server? *cough* *cough*."

    What's the logic here? The programmers didn't write the OS and server with the intent that the kid would use it to break copyright laws. The kid, however, did use them to do so, so of course he's going to get in trouble. What's the part that doesn't make sense? If you do something wrong, you get in trouble.

    As far as going after the other millions who do the same thing, they have to start somewhere. They can't nab all child pornographers at once but they're sure as hell going to get one at a time.

    Defend what the kid did if you want, but it's currently illegal. He gets what's coming to him.

    --

    Love, Stu
  75. Blue Laws by DzugZug · · Score: 2

    Some of those blue laws are still inforced. The 1986 Bowers v. Hardwick Supreem Court case upheld a Georgia anti-sodemy law. The Court ruled that there was nothing unconstitutional about regulating sexual interactions between consenting adults in private. I have two friends who got tickets in Austin for oral sex. This guy was getting a B.J. from his girlfriend in the front seat of his car while parked in a supermarket parking lot. A cop happened to walk by at just that time. He got two tickets, one for indecent exposure and one for oral sex. She got a ticket for oral sex. It is important to note that in the Bowers v. Hardwick case, all three branches had to agree for the charge to hold.

    ---------------------------------
    Im not trolling I brought up sex because it best illustrates my point.

  76. Re:I plead the fifth. by goldmeer · · Score: 1
    I don't think you can be legally (by the constitution) held responsible to testify against yourself in a trial.

    You can have your documents (Yes, the files on your hard drive are documents) subponead. Just as if your ledger is inside a safe, the courts can make you open the safe to get the ledger, you can be forced to unencrypt your documents.

    Failure to do so is considered to be contempt of court. There is no maximum amount of jail time for contempt of court.

  77. Re:The sarcasm went right over your head. . . Did by sbergstrom · · Score: 1

    I understand that it is a tool and do agree with that. But unfortunately, it is hardly ever used for legal trading. Most people who use Napster use it to trade copyrighted work that is illegal to distribute. Until there is a way to combat that use effectively, I see nothing wrong with shutting Napster down. Of course, I'm not the judge.

    --

    Love, Stu
  78. Not a martyr, but disobedient by Tucan · · Score: 2

    Was is civil disobedience when Thoreau refused to pay taxes, or was he just a punk trying to save himself some cash? He went to jail for it, and pointed out that anyone else should be prepared to do the same if they choose to protest a law they believe to be unjust by violating it.

    Your claim that they don't care to pay for music doesn't pan out in light of the record profits posted by the music industry since the introduction of mp3 technology and Napster. Students are still buying music, they're just listening to mp3's as well. On the other hand, if music sharing is in part a form of protest against documented price fixing by the industry, or protest against what are perceived to be unjust copyright laws, then there is clearly an element of civil disobedience. Protesters, however, should be prepared to pay the price for their cause.

    Having to borrow a friend's machine to play Unreal probably doesn't qualify this kid as a Martyr. If he were incarcerated for several months without a trial, then perhaps he would be, even without a cause. Ask Kevin Mitnick about it.

  79. Re:My ramblings. by SagSaw · · Score: 1

    2) Campus police.. are they 'real' police? Can they sieze things? (I honestly have no idea.. someone fill me in?)

    In this case, I don't think this is an issue. Their administration was notified of a possible crime, handed it over to campus police, (who real or not, often "investigate" most non-serious/non-violent campus crimes) who obtained a search warrent. It sounds to me that everything was handled properly as far as his rights go. (I still wouldn't want to be him right now)

    --
    Come test your mettle in the world of Alter Aeon!
  80. Re:I'm afraid I don't understand... by MoooKow · · Score: 3

    Oh yeah - and it wasn't just distributing anything/everything to random people. He allowed people who had rare/acoustic/live stuff to trade to upload to his site and in turn he'd give them access to his site. It created a *small* community of traders who loved acoustic/live music. I for one was very thankful to this individual because he allowed me to get many acoustic versions of songs that I likely would not have been able to find anywhere else.

  81. Re:Public safety by plastik55 · · Score: 1
    BTW, am I the only one who is bothered by the fact that state colleges have their own police force? I can see the practical need for policing a large group of people, but I see a real conflict of interest here, from the perspective of the surrounding community (college police are controlled by the college) and the students (police and professors, all working together...)

    Actually it makes me feel safer. The police (the real ones, the ones with the guns) have told me bluntly, "We don't go on campus." The campus security force doesn't actually *do* much of anything, and when they tried to shut down our event last year, we just bluntly refused. At least thet's the situation where I am.

    --

    I have a positive modifier on Troll. When I mod someone Troll their karma should go UP!

  82. Re:My ramblings. by aozilla · · Score: 1

    1) Well, it IS illegal.. and he WAS doing it... so what's the big deal?

    Actually, if it was for non-commercial purposes, it is legal, and your post, being slanderous, is illegal. Should we now have the right to sieze your computer, too, since there is evidence you might have committed a crime.

    2) Campus police.. are they 'real' police? Can they sieze things? (I honestly have no idea.. someone fill me in?)

    RTFA. Everett Eaton, public safety director at OSU, said the department obtained a search warrant from the Payne County District Court in Oklahoma and seized the student's computer equipment.

    3) [...]If his HD was encrypted (or at least the relevant portions), he would be in better shape.[...]

    Not really, since in order to distribute the mp3s, the computer would have to be able to decrypt them automatically. Plus, the police don't need proof to confiscate things, just evidence. I don't even see anything about charges being filed, and chances are, they'll offer the kid a deal of some sort. Disciplinary probation, loss of housing, and charges dropped. That's what happened to people I knew at college who got caught with drugs, anyway.

    --
    ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
  83. Re:CmdrTaco, you don't "get it" by TobyWong · · Score: 1

    do you understand what the "*cough* *cough*" means? It's called sarcasm.

    Now put your little dick back in your pants before you hurt yourself.

    --
    - Toby
  84. It is a "Robin Hood" scenario by mattc · · Score: 1
    Normally, I'd agree with you: that it is stealing and he should pay the price for it. But in the case of MP3s I think a vast majority of people KNOW they are stealing but don't feel bad about it.

    It is a known fact that the record companies charge artificially high prices for music, and the artist sees very very little of this money. People who steal from the rich (record companies) and give to the poor (college students who enjoy music) are seen as modern day "Robin Hood"s and are considered heros, just like the legendary person.

    So the solution is to steal from record companies and maybe even put them out of business some day (haha ok I'm just dreaming here). At the same time we should support artists who sell their music directly over the internet, and pay for their work. Even some record companies might be worth supporting-- those who are known to give a substantial amount of the profits back to the artist.

    1. Re:It is a "Robin Hood" scenario by manofherb · · Score: 1

      Go downtown in an city of size on Friday or Saturday night, and you can hear a live bands all night for a few dollars cover.

      that would be nice, but the fact is the majority of mp3 users are under the age of 21 and therefore cannot get into the clubs, bars, etc.(At least in nebraska, kansas, missouri, denver you can't enter unless you are 21+) to listen to live bands for a few dollar cover. There are a few exceptions to this, but they usually end up getting shut down within a few weeks anyways for some odd reason that the police seem to come up with.(ie. drugs being bought/sold or minors being served being the most obvious)

      personally the mp3 users vs. RIAA/copyright laws reminds me a lot of the great marijuana legalization movement that has been trying to get marijuana legal for years now, whatever you try in favor of mp3z is going to get shut down because the people making the laws(which you probably voted for, if you didn't vote don't complain) don't even know what an mp3 is or even d/led one before.

      personally my computer runs my entertainment center it is my means of entertainment(movies and music running the sound through my home stereo, no cd's to get scratched, customizable playlists in an instant, no dead spots when you want to change the cd or listen to something else, there's always something playing) it's all in one, vcr, stereo, even an alarm clock. long live mp3z!!!

  85. The sarcasm went right over your head. by bkosse · · Score: 2

    This is all about the *RIGHT* way to go about protecting copyrights rather than the way the RIAA is persuing MP3.com and Napster, or the MPAA is persuing DeCSS.

    --
    Ben Kosse

    --

    --
    Ben Kosse
    Remember Ed Curry!
  86. Re:This pisses me off... by Gregoyle · · Score: 1
    Copyright laws are laws of the federal government, they can be changed if enough citizens don't like it. Your opinion is not the majority opinion no matter how loud you bitch about it.

    The thing that many people are complaining about is that current legislative process does not necessarily mean majority rules. Professional lobbying and campaign donations have diluted the laws passed from being good for the nation to being good for one's supporters.

    Granted, the above post was a little bit juvinile(sic), but that does not necessarily make all the opinions expressed wrong. It is most certainly possible to buy votes, and that is the way our legislative system works now and will work for some time. I think the time that it will stop is about the same time that the people living in a country cease to be known as "consumers" and start being called "citizens" again. Maybe that day is still a long way away...

    --

    "He's more machine now than man, twisted and evil."

  87. couple points by kezgin · · Score: 1

    If someone operates a public ftp server that allows users to upload files, can they truly be held responsible? Wouldn't this be the same as someone posting a copyrighted text to a messageboard? They can be asked to take it down(i.e. the people hosting it), but their computer equipment will not be seized.
    Although pirating copyrighted music is a bad thing, I really hope that one of two things happens. Either they find all of the music on his site to be from cd's he legally owns, or that all of the music is from artists that have supported digital music. That would make the RIAA look like the paranoid organization that they truly are.

  88. They own the work that brought you that idea. by CmdrTHAC0 · · Score: 1

    if i download music from the internet, im not taking anything. There is no less after, than before i listened to it.

    There is no less music... but there is less money. If the artist does not say whether they want it distributed in MP3 form, then someone should ask, and whatever the artist says should be respected. Without respect, there is no civilization...

    ... intellectual property will make us all slaves. Nobody owns ideas.

    MP3s aren't ideas. MP3 itself is a medium that a particular amount of WORK can be stored and transfered in. The artist should be compensated for their work, right? You're compensated for your work for your employer, and you compensate other's work every time you buy something from a store. Why are artists excepted from the compensation rule that our (my?) society runs on? Does my .sig answer my own question?

    As for the slavery bit... your perceived freedom of downloading something makes that artist a slave... an uncompensated worker. Are you for slavery or against it?
    ___ CmdrTHAC0 ___

    --
    __CmdrTHAC0__
    In Soviet Russia, Spanish Inquisition doesn't expect YOU!!
  89. Re:Wrong is wrong by SomeOtherGuy · · Score: 1

    Overall I am against people stealing music.

    That being said their is the one area where I feel the RIAA can kiss my ass -- And that is:

    If I can not walk into my local record store and either find it on the shelf -- or order it out of that "big yellow book" (I.E. -- out of print OR never in print) then it should be FAIR GAME for anyone to trade as they wish...

    Yea -- I would love to see them pull some ex-rocker from the 80's away from his job at the carwash to side with the record label in a suit to drag me down for trading songs from his 1982 LP that sold about 3000 copies and has been OOP since then.

    --
    (+1 Funny) only if I laugh out loud.
  90. You don't fuck with the Mouse. by RatBastard · · Score: 1

    Disney would go after those soccer moms in a heartbeat.

    And why should there be any fallout? The kid was committing illegal acts and they busted him. Big deal.

    --
    Boobies never hurt anyone. - Sherry Glaser.
  91. Re:My ramblings. by mindstrm · · Score: 2

    Why do you say it is legal for non-commercial purposes? Becuase of the AHRA, that states that 'use of a digital recoreding device by a consume rfor non-commercial purposes is not actionable?'... doesn't hold up; computer aren't covered. The AHRA states that using what it defines as an 'audio home recording device' is permissible. Digital devices under ahra must follow the SCMS (serial copy management system.. you know, those 'copyright' and 'original' bits in mp3 headers that nobody uses.
    THe AHRA specifically does not apply to computers.

    As for #2.. why condescend on me? It was simply a question, not a statement.

    As for an ecnrypted HD.. siezing a computer and telling the jury 'look, i'ts encrypted' is a LOT different than telling them 'look, he has all these mp3s'

    As for confiscation.. they would have confiscated it anyway. THe point is they would be able to do less with it once they got it.

  92. Re:My ramblings. by jareds · · Score: 1

    2) Here in MD, the police at a state school are yes, real police. Private colleges I dunno -- I'm guessing they're Keystone Kops.

    I'm sure it varies depending on the school, but at MIT, our private campus police are all deputized by the county, and can thus do the same things that government-paid police can do.

  93. I thought it was mp3s? by protactin · · Score: 1
    "After we finish that review, we will evaluate the amount of substance he was distributing."

    They make it sound as if he was trafficking drugs from his dorm! And why a 'forensic review' of the hard drive? Can't they just do a search for *.mp3? :)

    1. Re:I thought it was mp3s? by grappler · · Score: 2

      This is one of those times where ya wish ya had an encrypted filesystem on the non-partitioned space of the drive. They'd never find it :-)

      --
      Vidi, Vici, Veni
    2. Re:I thought it was mp3s? by AndyChrist · · Score: 1

      "Forensic review..." Hmm...knowing the approximate level of technical expertise of most university admin-types, I can definitely believe words like that coming out of their mouths. What it means is either they're gonna hand it over to some university network tech who will spend a total of 5 minutes searching for "*.mp*", then go back to playing Unreal Tournament until 5, or some university cop is gonna spend a hours figuring outhow to do the same thing...or they're going to send the thing to some outside business, maybe data recovery service or something, who will laugh their asses off and cash the entirely too-large check they will receive from the university or the RIAA.

  94. Re:Actually they wouldn't be sharing anything by dalraun · · Score: 1
    > Shouldn't we let the musicians decide how they
    > want to try and live, and not have the masses
    > dictate it for them?

    If you think that being on a major record label equals self-determination for an artist, you're sadly mistaken.

    I think musicians should have the same ability to decide how they live as the rest of us -- ie, not much.

    Or, life sucks, and music is how we deal with it.

  95. civil disobedience by himagus · · Score: 1

    civil disobedience is when one knows that a law is enacted and goes against that law in a knowingfull way but is totally willing to dealing to with the society's rules against such a crime. usually civil disobediants protest knowing that they are breaking the law and are willing to get the consequences for doing such an act in an effort to show that the law against such an action might throw a wrench in the works to enable a change.

    most of those that use napster do not do so for such an action. i cannot presume to know why those do use the service (other than my own, which is to find out what other folk artists are around and then buy their albums if i like their work).

    in general, the use of napster and all other types of media exchanges are not the act of civil disobedience, but are the acts grown from getting things for free.

    if i were to to create a blockade on all mp3 transactions on the Internet, this action would be an act of civil disobedience. if i were to create a free medium to grant mp3 transaction and grant my own personal information for arrest, that would be an act of civil disobedience.

    an anonymous act of downloading would not be an act of civil disobedience, any more than an anonymous undisclosed bombing of a federal building to show that the federal govenment of the USA is corrupt. in the USA, we call that terroism.

    There is a line, which isn't that fine.

  96. Re:Hmm.. by um...+Lucas · · Score: 1

    They need those managers, lest they need to learn about business rather than concentrate on what they're good at. And those producers help them out a bit too, tweaking the sounds in the studio... And all that money for advertising that was spent is undoubtably the reason that you heard of the band in the first place, and hence want their CD. And i don't know where you live or what not, but i've bought plenty of brand new CD's recently for $12.49 to $14.99.

  97. Good point but... by alteridem · · Score: 1

    You have a point as far as the RIAA is concerned, but he was still using the University's bandwidth which is unfair to other students using it for legitimate reasons. It used to always piss me off when the networked slowed to a crawl and I couldn't get my work done, so I have no sympathy.

  98. Re:I'm afraid I don't understand... by Signal+11 · · Score: 2
    it always amuses me to hear how long the goverment takes to carefully analyze the data on the disks

    Solved that problem: encrypt the disks.

    --

  99. precedent setting... by Pandora's+Vox · · Score: 1

    i haven't heard of this happening before (anyone less ignorant than me out there?) lets just hope this is not a sign of things to come, as it can't be that hard to track people like the guy at oklahoma state...

    1. Re:precedent setting... by fiziko · · Score: 3

      There were three different occasions of students setting up a "home business" pirating software at the University of Alberta in the past few years (that I know of). All underwent similar procedures. These are the same sort of measures that would be undertaken if you were suspected of serving out pornography. If you're suspected of serving illegal content, then they take your machine at the time of arrest to look for said content to use as evidence. This just got media attention because the media is keeping a lookout for mp3-related news.

      --
      - W. Blaine Dowler
      http://www.bureau42.com
  100. Re:Hmm.. by Timmythec · · Score: 1

    Hehe, Thanks :)

    --
    -TimmyC, Tech Guru
  101. Wrong is wrong by SomeOtherGuy · · Score: 2

    And how was what this kid doing not illegal?

    --
    (+1 Funny) only if I laugh out loud.
    1. Re:Wrong is wrong by Woody77 · · Score: 1

      Proof?

    2. Re:Wrong is wrong by mikpos · · Score: 2
      Huh? No one said otherwise.

      That said, though, people usually do have to go to trial before they're found guilty.

  102. Re:Hmm... by BJH · · Score: 1

    Easy. Pick up your TV and throw it at someone. If it hits them, it becomes the instrument of an assault ;)

  103. stupid by heff · · Score: 1

    he was advertising in chat rooms and whatnot, thats like a drug dealer walking around screaming "Buy your drugs here!". people like that usually deserve to get caught.

    --

    --

    |-_-| . o O ( bEef!)

    1. Re:stupid by King+of+the+World · · Score: 1
      Well yes, kinda.

      I have much more respect for a talented criminal than a bumbling fool. I'd assume most people would see more admirable qualities in the person who had the brains and didn't go about his business like an idiot.

      Flagrant or not, these people deserve to get caught.

      "Murder's OK so long as you hide the bodies real good?"

      Well if I read about a guy who dumped a 3 week old decomposing smelly body in a trash sack and thought the rubbish collectors wouldn't notice the body - I'd laugh at the guy and think he was an idiot. That's just a fact of life.

      Whereas a guy who rowed out onto a huge lake and dumped a weighted body with all kinds of fishfood attached, had arranged an alibi and stolen millions, had gotten the now dead person to say they were leaving town for a while... well, respect for a job well done.

      Both are abhorent to me. But the first guy's just a fucking idiot and I'd laugh wholeheartedly at his capture. I'm scared of the second guy.

    2. Re:stupid by andy@petdance.com · · Score: 1
      he was advertising in chat rooms and whatnot, thats like a drug dealer walking around screaming "Buy your drugs here!". people like that usually deserve to get caught.
      I'm always amused by the attitude of "deserve to get caught", as if the method of the perpetration of the illegality has any bearing on their actions. Are you saying that covert drug dealing is OK, but flagrant drug dealing is OK? Murder's OK so long as you hide the bodies real good?
  104. mall shoplifting by himagus · · Score: 1

    isn't the mall industry involved in a type of over-selling in an effort to rectify any unwanted merchanidice lifting? what do they do to make sure that these known occurences do not effect their current standings?

    they add to the current prices to which we buy. have you ever bought a few VHSs from the local walmart? they seem a little overpriced, don't they? case in point.

    industries inflate prices (somewhat) due to the likelyhood that someone will confiscate their merchanidice in an unlawful fashion.
    is this happening with the current CD and DVD sales? i doubt it, but it doesn't mean that it isn't why they are doing such things already.

  105. Flamebait, maybe, but something to ponder by DragonMagic · · Score: 1

    It's strange that Slashdot has gone from news for nerds, to Give Us What We Want Regardless, for nerds.

    Hear me out here. This kid had 40 Gigs of HD space dedicated to mp3s he was distributing, advertising on chat rooms and what not for people to visit, and asking them to upload mp3s he didn't have. All of which, apparently, he didn't have rights to. This is flat out piracy. And it wasn't the RIAA or any outside groups which said "sieze his computers", they just pointed out the fact that a student at OSU was doing this.

    OSU steps in, gets a warrant, and siezes the guy's stuff to investigate. Probably slap some criminal charges and aid in any civil suits the rightful owners may have. What is wrong with this?

    The guy broke the law, majorly. He knew he was doing wrong. So why are people UPSET that this happened? Because they want free music. Not everyone, but there are too many who think that music should be free, always.

    Also, there are people in this discussion jumping down the throat of the RIAA. The RIAA didn't say confiscate the computer or peripherals, didn't say "Please make this kid an example". No, the university did this themselves. So if you're upset, yell at the school, not at the RIAA.

    But my really big bitch is that a vocal majority will complain to high heavens when people violate the GPL or other free resources and methods, trodding on the rights of those hard-working programmers and designers, but will also complain to high heavens when companies and people protect their copyrights, trademarks and patents by suing or sending C&D notices. What happened to the priorities here, /. users?

    Why is it okay to steal music and movies and software if it aids you or doesn't cost you anything, but it's not okay for others to steal your music or moview or software if it's provided for free? You can't have it both ways without sounding like hypocrits.

    So to all who post stories or comments which happen to go both ways, pick a side to stand on, or you'll forget which side to be on when a choice has to be made.

    Dragon Magic

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  106. WTF are you talking about? There's no pleasing you by Carnage4Life · · Score: 3

    Honestly, though, I hope this guy fights back like a sunuvabitch and hits as hard as he can. Illegal or not, I absolutely can't stand some big nasty company (or gov't agency) strongarming someone just to "make an example" out of him/her.

    This student was no different from the average w4r3z d00d. For the past few months Slashdotters have been saying the RIAA shouldn't go after Napster because they are providing a service, now the RIAA goes after a person who is distributing thousands of MP3s of copyrighted work and advertizing for his wares in chat rooms and the RIAA is still wrong?!?

    What the fuck do you want? The RIAA shouldn't go after a service that is a haven for music piracy and they shouldn't go after music pirates? Maybe you'd like them simply to spend millions of dollars producing, promoting and distributing music then give away CDs just like AOL.

    Frankly as a college student, who frequently sees network bandwidth eaten up by people like this kid who had 10000 songs on his hard drive then advertized for total strangers to come saturate his campus' network, I have no sympathy for him.



  107. Music *and* Movies by quickquack · · Score: 1

    Call me paranoid, but if they confiscated his computer for distributing both music and movies, well, why does the RIAA care about movies? They're music, right?

    Call me even more paranoid, but I'm worried that the two evil organizations, the RIAA and the MPAA, are working together. To restrict media only to those who pay $17 per CD? To stop the distribution of all new VCR-type devices?

    Soon we'll have the MAA--the Media Association of America.

    -----
    GPLed POP3/IMAP/SMTP to Web/WAP gateway
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    --
    ------------
    Tonight on Fox: Deadliest Executions Part XVII
    1. Re:Music *and* Movies by weezel · · Score: 1

      The RIAA can't seize the computer so what they care about doesn't matter.

      It was seized by the police, they just care that he was violating copyright laws. In fact they didn't say music or videos, they said they would examine the computer to see how much "substance" he was distributing.

      RTFA (read the fscking article)

      --
      EOF
    2. Re:Music *and* Movies by Tom_N · · Score: 1
      Its called capitalism. If you don't like it, move somewhere communist.

      Apparently you're unaware that copyrights are a form of interference in the free market -- they are an artificial limited monopoly carrot.

    3. Re:Music *and* Movies by kezgin · · Score: 1

      Actually, it wouldn't be called capitalism, because capitalism believes in a free market, not one that shuns competition by having the government interfere and pass laws restricting the rights of the consumer. And at least in true communism, the people control what is going on, not the government.

  108. Re:Public safety by Hrunting · · Score: 2

    BTW, am I the only one who is bothered by the fact that state colleges have their own police force? I can see the practical need for policing a large group of people, but I see a real conflict of interest here, from the perspective of the surrounding community (college police are controlled by the college) and the students (police and professors, all working together...)

    No, I'm much happier with a police force specifically for a campus than with a municipal police force. First off, think about how many potential crimes go on at a university. The police blotter at my school was always at least ten times as long per week as the municipal one. If I was a city cop, I wouldn't want to take part in that either. Secondly, campus police have, first and foremost, the protection of the student body in mind, not the protection of the city government (which I think is a bigger conflict of interest). Thus, you find that campus police are much more lenient on matters than their municipal counterparts. Finally, you don't have to deal with those nasty bureacratic funding deals. University cops get paid largely with university funds.

    And besides, I guarantee you that those university cops aren't doing the forensic analysis of that kid's hard drive, unless of course, their analysis amounts to 'Quick, Jimbo, download all this kid's music before the Feds get their hands on it'.

  109. Hmm.. by Timmythec · · Score: 2

    Well I suppose that the university has reasons.. Good reasons as well. For one, Mp3's are still "illegal".. So someone having illegal stuff on university grounds Im sure is not a good thing. He is also taking their bandwidth correct? There's another strike against him. :) I don't think the university cares if you have some Mp3's.. BUT if you are running an FTP and openly distributing them.. I don't think they shine on that. So they were pretty justified.. Hell, it's their T3. ;-)

    --
    -TimmyC, Tech Guru
    1. Re:Hmm.. by willfe · · Score: 1

      Conversely, sometimes the only way to communicate properly with big business is for said masses to stand up and extend a collective middle finger. Note I didn't say "I hope he wins." I just said "I hope this guy fights." When people just roll over and take their licking like good little citizens, nothing changes whatsoever. Whoever's suing/attacking the person gets their victory, gets to pose and dance for the press, and "the masses" get the wrong message. By fighting this, he stands a chance to raise questions about how the entire thing was handled. Right or not (and I don't think it is), equipment he owns was seized by the government on suspicion of wrong doing. Does this seem a bit wrong to anyone besides me? I hate to draw this comparison (and the fire that will come with it) but this reminds me of the Salem witch hunts. Just accusing a woman of being a witch was usually enough to get her burned at the stake. Now, simply accusing someone of pirating music is enough to get property seized? In the 20th century? Come on, folks, isn't it about time to put down the torches? And of course then there's intent. Yes, the guy might have intended to give music away for free, but does that mean he set out to screw the RIAA or the artists it "represents?" I'd honestly prefer examples be made differently. Executing people for murder hasn't stopped others from murdering, has it? My point is that this group of record companies has lots of balls going after the "little people" ... individual consumers. That's just the wrong approach. It might have worked five years ago, but with people so easily able to at least become aware of every viewpoint instead of relying solely on what their "Action News at 9!(tm)" tells them, this is going to cause one hell of a backlash sooner or later. I personally can't wait :)

      --
      Read my stuff.
    2. Re:Hmm.. by willfe · · Score: 3
      For one, Mp3's are still "illegal." Bzzzzt! Just a few points here:
      1. Compressing audio with the MP3 algorithm, storing such files, and playing them back is certainly not illegal.
      2. Like most media (game cartridges, software), if I purchase some sort of media I am entitled to duplicate it for archival purposes, in the event of a media failure. The law's such a bitch, ain't it? There's not a thing the RIAA can do to me for wanting to protect my investment.
      Yes, distribution of said archives is illegal (just like "oh here, I'll just copy this new Metallica CD for you!" is illegal). Honestly, though, I hope this guy fights back like a sunuvabitch and hits as hard as he can. Illegal or not, I absolutely can't stand some big nasty company (or gov't agency) strongarming someone just to "make an example" out of him/her. You want to make an example, RIAA? Fucking set one. Let's see you get sworn affidavits from each and every employee on your rosters stating they've never copied a cassette or CD. Let's see a drop in CD prices. Let's have an honest answer to the nearly-constant charge that record labels royally screw artists. Does anyone remember back when compact disc technology was new and still-not-accepted yet? Remember the promises? "Oh, CDs are just expensive now because they're new. Before long, they'll be cheaper than cassettes!" Remember the last time you took two copies of an album, one on cassette, and one on CD, then compared the price tags? Hope you've still got your tape decks, folks, because that "archaic" technology just happens to have cheaper media available for it. For that consumer screw right there, I have never, and never will, feel any sympathy for the record industry whatsoever. Artists? Certainly feel bad for their situation -- they produce good tunes for us to enjoy, and get raped in return. But the record industry? Fuck 'em. With Napster, etc., I can frankly do just fine without them.
      --
      Read my stuff.
    3. Re:Hmm.. by isorox · · Score: 1

      Followed quickly by "cp -R /mnt/net/mate1/mp3/* ~/mp3"

    4. Re:Hmm.. by Whoozit · · Score: 1

      Yes, distribution of said archives is illegal (just like "oh here, I'll just copy this new Metallica CD for you!" is illegal).

      Actually, no, it's not. You can copy stuff for your friends all you want (as long as you don't charge money - it has to be "non-commercial").

      Why? Because part of the cost of the CD-R/Blank tape, etc. you or your friend bought went to the RIAA because they *EXPECT* you to copy stuff for your friends. So you're paying for it already, and they have no legal or moral recourse against you for making copies.

      This is the defense Napster is using. However, the scale of distribution by Napster and the fact that hard drives (the storage medium of choice for Napsterites) do not have this royalty is a tricky point. We'll have to wait and see.

  110. I'm afraid I don't understand... by Gregoyle · · Score: 5
    Why is this a problem? This is what we've been asking that they do for a long time. This is just some W4R3Z d00d who got caught. I'm not really sure why this got posted to Slashdot, maybe because it was a slow news day or something. This is the old fashioned way to combat copyright infringement; go after the people who are actually *distributing* the material, rather than those who enable it.

    The fact that this guy was advertising in chat rooms for his wares (*cough*) makes me lose any sympathy. It's one thing to copy some movies and songs and share them with your friends on an ftp server, I do it and I'm sure many other slashdotters do the same. But the wholesale distribution to anonymous people is just plain silly. And I'm sure that the university's computer policy doesn't allow people to run ftp servers or distribute copyrighted material.

    No sympathy at all.

    --

    "He's more machine now than man, twisted and evil."

    1. Re:I'm afraid I don't understand... by jsmaby · · Score: 1

      How could anyone proove that he had stuff on his site without circumventing any password protection on his site? If his school hacked his site, that's the school's bad. If it was noticed that there was alot of traffic coming from his box, they could inquire what he was up to, but to get access to his computer if access is not granted should be illeagal. Of course, he probably signed an agreement when he started school, or got an IP, or somethings like that, and so he doesn't have any rights.

      --

      Sometimes I've believed as many as six impossible things before breakfast.

    2. Re:I'm afraid I don't understand... by mrmag00 · · Score: 1

      yeah, everybody does it, why not make it legal anyway.

      it always amuses me to hear how long the goverment takes to carefully analyze the data on the disks. for christs sake, its a 100gb FTP site, thats a couple million in software (if it is full). Does it get much more complicated then this?

    3. Re:I'm afraid I don't understand... by dvdeug · · Score: 1

      And I'm sure that the university's computer policy doesn't allow people to run ftp servers or distribute copyrighted material.

      Why? As a student here, I've never read anything about us not being able to run ftp servers - in fact I'm running one, and so are several of our friends, and we've never heard anything about it.

      When the network people talk at our LUG meetings, the big complaints they have are the people running the Linux systems that running all the servers without security patchs, not the people responsibly running servers.

      I hope you meant illegal copyrighted material, as most of the stuff on my website or ftpsite is copyright me, or someone else with an open source license. That would be weird to restrict.

    4. Re:I'm afraid I don't understand... by Frank+T.+Lofaro+Jr. · · Score: 1
      Maybe he should've put some lame access control system, such as one bit encryption, and then sued the police under the DMCA. :)

      Hey, maybe he should've encrypted his mp3s with CSS instead. Would be interesting indeed for the police to have to use DeCSS... ;)

      --
      Just because it CAN be done, doesn't mean it should!
    5. Re:I'm afraid I don't understand... by Lacutis · · Score: 1

      Then I pose this question.... A radio station I listen to broadcasts over the net in addition to more conventional means. What if I were to take that live feed, chop it up into mp3's and distribute it over napster? Because this is being broadcast by a radio station, can they claim that it's the same quality as the original cd? Hmmmm...

    6. Re:I'm afraid I don't understand... by _xeno_ · · Score: 2
      Uh, the DMCA only works if your circumventing something someone used to prevent you from accessing their copyrighted material. It's perfectly legal for the police to unencrypt his hard drive - he hasn't copyrighted any of the work there. I think.

      Basically, you can't say "Look, I put a lock there!" when protected your collection of illegal songs. But you can do that to prevent people from "walking off with" your latest tune/book/painting/creative expression. Keep in mind - even if he was "just giving out live/accoustic/rare" stuff, it's still illegal. What you do with that's your own choice, but remember - in our current system, giving away perfect copies of copyrighted material is illegal . Since I don't really wanna get in a debate as to whether it should be legal, I'm just going to repeat the main point:

      You can only use the DMCA to protect your own copyrighted material from a "circumvention device." If you put a lock on someone else's material, then it's OK to break it - they choose how it's protected, not you.

      --
      You are in a maze of twisty little relative jumps, all alike.
    7. Re:I'm afraid I don't understand... by pv2b · · Score: 1

      Is only giving away perfect copies of copyrighted materials illegal? I thought this was true for _any_ copy of copyrighted material. Have I missed anything? An MP3 is far from a perfect copy.

    8. Re:I'm afraid I don't understand... by _xeno_ · · Score: 2

      Beats me. From what I understand, giving out VHS tapes to friends is OK because the quality degrades, but giving a copy of a CD in MP3 form isn't OK. I dunno, IANAL, so... I just really don't want to be dragged into an argument over exactly what fair use is, what it should be, if the law is moral, etc.

      --
      You are in a maze of twisty little relative jumps, all alike.
    9. Re:I'm afraid I don't understand... by mikpos · · Score: 2

      Ya, it is kind of an odd news story. Maybe tomorrow we'll have "random kid in New Jersey taken in by police for questioning wrt vandalism". I can hardly wait.

    10. Re:I'm afraid I don't understand... by Another+MacHack · · Score: 1

      I have a problem with this--it was a criminal matter. I don't see why any IP law should be criminal rather than civil.

    11. Re:I'm afraid I don't understand... by cduffy · · Score: 2

      Not quite. He created (and thus owns copyright on) the filesystem layout. Yup, this is legal -- it's what's used to protect the official OpenBSD CD layout, while the actual content on the CD is under a less restrictive license.

      I'm looking right now at the DMCA, btw, and it simply states that "no person shall circumvent a technological measure that effectively controls access to a work protected under this title". Doesn't say anything about who put the measure there.

    12. Re:I'm afraid I don't understand... by _xeno_ · · Score: 2

      Ah. Ok. Some of the higher moderated posts in past discussions seemed to indicate otherwise. But that makes more sense.

      --
      You are in a maze of twisty little relative jumps, all alike.
  111. Laws and liability by GatorMan · · Score: 1
    This kid was caught doing something illegal on a fairly large scale. Screw 'em. Don't do the crime if you can't do the time, and all that.

    Now on another note...
    As it is, entertainers get way too much money for what they provide. They're just people too. Nicholas Cage doesn't deserve to make, in a week, what a medical doctor makes in a year. Where are our priorities? Why aren't the people that are saving lives making $11.5 million each year?

    Mark all Metallica albums down to $6. When the record company makes less money, so do(es) the artist(s). Sorry Lars, no spinach and tuna soufle` and no more flying to and from Europe on a whim. And you might have to suffice with one or two houses. Oh pity.

    Illegal instruction error processing .signature

  112. Re:Priorities by aliens · · Score: 1

    20million? sure why not? I'm sure there are coporations out there that are just dying for that contract.

    Hell we already got the highest ratio of free people : jailed citizens (143:1), why not go for broke eh?

    --
    -- taking over the world, we are.
  113. Re:The right to read by Nodatadj · · Score: 1

    You seem to be saying that you would have no objections at all to a law that illegalized the act of opening and reading a book whose paper you own.

    Attitudes like this scare me. Really


    No, I would happily do something not illegal to protest. Write letters complaining to people.
    Not buy the book/DVD etc.

    I have no intention to buy a DVD player of any sorts

    until these issues are sorted.

    I also spread the decss source, as it is legal to do so here (to the best of my knowledge).

    One of the main problems, seems to be,

    the geeks that are complaining (and rightly so) about the removal of freedoms, are then turning round on the other hand, and buying all the DVDs they can get their hands on

    and complain if the latest release isn't on DVD format.

  114. Re:What we need.... by Nastard · · Score: 1

    2 passwords:

    One decrypts the drive...

    The other reformats it.

    *oops*

  115. So? by andyh1978 · · Score: 2

    Computer equipment can and is seized when used in connection with a crime, and this isn't exactly the first time computers have been confiscated.

    On a different note, the wording of the statement amused me slightly.

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    Amount of substance? They make it sound like he was distributing drugs. Maybe they're checking the hard drive for traces of white powders :-P

    1. Re:So? by quickquack · · Score: 1

      Amount of substance? They make it sound like he was distributing drugs. Maybe they're checking the hard drive for traces of white powders

      Hello Slashdot.org reader,
      We have gotten a temporary court order against calling it "music." In the 1980s, "music" was "music." However once Britney Spears, *NSYNC, Backstreet Boys, and 98 Degrees, showed up there was so much dilution that we were forced to stop calling it all "music."

      Thank you for your time,
      Mr Andy H 1978

      We will be sending our lawyers out momentarily to confiscate your hand and eyes as our new policy mandates.
      ------------

      --
      ------------
      Tonight on Fox: Deadliest Executions Part XVII
  116. Sounds like a drug case. by alteridem · · Score: 1
    The article ends with;

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    Makes it sound like he was making and distributing crack or something. Nothing like associating this guy with drug dealers and pimps to make him look bad to joe average.

  117. Re:This pisses me off... by BoxedFlame · · Score: 1

    Ask any author why he/she writes. If he/she says "I do it for the money" you can bet your life savings on the things written by that person is crap. Copyright is a system to ensure that artists can be artistic more, not to give then a lot of cash.

  118. What if he used Linux? by piku · · Score: 2

    Hey Taco if the kid used Linux do you think you would have made such a biased, stupid comment like you did?

    1. Re:What if he used Linux? by piku · · Score: 1

      The problem is that in Napsters case, THERE IS a company to sue. Who are you going to sue in, for example, gnutella's case? Nobody. Napsters downfall came when they tried to turn a simple internet program into a company.

      People have to learn that NOT EVERYTHING ON THE INTERNET CAN BE AN IPO.

    2. Re:What if he used Linux? by SPorter · · Score: 1
      We don't know that he wasn't using Linux. That comment of Taco's wasn't biased or stupid. He was making a point trough sarcasm.

      Your comment, on the other hand, was somewhat biased and stupid.

    3. Re:What if he used Linux? by Fryed · · Score: 1

      The point that was being made had nothing to do with what operating system was being used. The point was, going after the OS and ftp server software is the same logic that the RIAA has in going after Napster rather than the users of Napster.

  119. In complete agreement here... well, mostly by Kasreyn · · Score: 1
    This reminds me of the idiot who bragged about his DoS attacks in a chat room and got nailed. Too stupid to live. Not really newsworthy, except for the entertainment value of having a good laugh at this chump. Another "|33t H4X0r" down, only 5 million or so more to go. ;)

    I think there's a grey area in many people's minds as to copyright laws where they involve digital media. There seems to be a prevailing mood that "It's only data on a computer, how can it be property?" in people's minds. I know a guy who would never rob a store or a person, yet who burns program CD's for software worth real money in stores, without the slightest twitch of conscience that I can discern. My personal opinion, biased though it is: Raising prices due to software piracy only causes a vicious spiral; the more expensive the software, the more people will say, "Nahhhh, I ain't paying $50 (or whatever) for THIS." and go burn it. If it only cost $30, I wonder what higher percentage would fork it over. I remember back in like 1995 or whenever, DOOM cost $40.00 when ordered from id, or cost $0.00 if you typed "pkzip a:\doom.zip -& c:\games\doom\*.*" and made disks for all your friends. =P Not a tough choice to make. You know why people always speed? Because traffic laws are poorly enforced. People will do whatever they can get away with.

    Of course, many wouldn't buy a program even if it cost a mere $5. It's the principal of the thing. Some of them object to paying a cent where they can manage to get it free, and hang the legality or lack of same. ;)

    (Some would argue we were talking about mp3's not software, but what's the difference between EnterSandman.mp3 and Doom.wad? Different uses, both data. Actually, one difference - one of them *doesn't* bring Napster down on you like a ton of bricks.)

    There is the contention that copying and distributing things for free is not illegal in some regards (at least I've heard that), but it could also be argued that that supplies the product to someone who would otherwise have paid for the product, thus damaging that company's sales, if not actually breaking copyright laws. I personally don't know whether the RIAA is going to die out over this one, or grow stronger. Whichever it turns out to be, it's likely to be quite precipitous. Personally, I would prefer a world in which artists (of every kind; writers, musicians, painters, etc) are guaranteed a living from some public trust fund, so they don't have to worry about food/shelter/etc, and can concentrate on doing what they do best, which is providing us nonartistic schmoes the beautiful things that make life worth living, for free. But of course, the trouble with any such plan is actually setting it up, which is where it all falls apart.

    (Oh and by the way you misquoted Ben slightly. You must pronounce it in proper Guinessian fashion. "Twisted and eeveel.") =P

    Kasreyn, (wondering if my post made any sense)

    --
    Kasreyn: Cheerfully playing the part of Devil's Advocate to hairtrigger /. flamers since 1999.
  120. What about the legality of this? by shaunj · · Score: 1

    I can't see how the school has any legal ability to take away his computer. His net access (which they are providing) sure, but not his computer. They didn't have any sort of warrent, and if they did they wouldn't have any legal right to take his property.

  121. Forensic review ? by tinla · · Score: 2

    "We're doing some forensic review of the hard drive and determining what is there"

    So we can assume those movies refered to were Adult in nature can we? They're unlikely to want to review his Metallica collection after all :)

    --
    0daymeme.com: Great stuff.
  122. That changes things by Gregoyle · · Score: 1
    He hardly had *any* studio material. His site consisted almost entirely of live/rare/acoustic stuff.

    That certainly does change the way that I see the issue, at least. From what I gathered in the article, there were also many full length films on the server. Can you confirm or deny this?

    I am very much in favor of the widespread online bootleg and rare track community, as there is often no other way of keeping this information around long enough so it will still be around when the tapes fall apart.

    Obviously, as far as the police and the RIAA are concerned, there only needs to be *one* piece of copyrighted material on the server for it to be a violation, but I know *I* for one do not hold that view. Also, it would still be a violation of the school's internet policy, but that sort of thing has been happening since the dawn of federally funded university internet connections.

    --

    "He's more machine now than man, twisted and evil."

    1. Re:That changes things by MoooKow · · Score: 1

      Perhaps he had some full length films on his computer, I can't say for sure either way - I can say for sure that I have never *seen* any films on his server and if they were on there they weren't in a location that I had any access to.

  123. Re:This Situation Is Different by jsmaby · · Score: 1

    Well, at the school I did my undergraduate in, the connection was slow as heck (only a T1), and constantly maxed out. The internal network was fine, though. Since I wanted to be able to surf the net at a reasonable speed, I considered setting up an intermal mp3 server. That way, students could just get everything local and leave the T1 for surfing. I never did it, but thought it would be a great idea. I should have suggested that Info Tech set up an official server for this purpose, and have it writable so the students can add mp3s to it. In relation to your comment, he provided everyone at his school with a rather fast connection to a good mp3 server. Since that's mostly what students download anyway, he did them a favor. Of course, if he was making a big dent in the campus bandwidth, a good netadmin would track it down and fix the problem long before the RIAA gave them a call. Of course, we know netadmins like mp3s as much as the rest of us...

    --

    Sometimes I've believed as many as six impossible things before breakfast.

  124. wow by jasamaman · · Score: 1

    Yesterday I thought they weren't going to go after individuals unless they mass distibuted. boy was i wrong.

    --
    Someone ever tries to kill you, you try to kill them right back!
  125. The sarcasm went right over your head. . . Did it? by sbergstrom · · Score: 1

    Apparently it did, because I still don't get it. What is the right way to protect copyrights? I see nothing wrong with the way the RIAA is pUrsuing Napster, so maybe that's the source of my problem. I'd love it if you could explain it to me.

    --

    Love, Stu
  126. What is the source of your argument? by alteridem · · Score: 1
    If you are in the know then how about some information and evidence to back up your statements which currently stand just as unfounded as any of the others here. The article states that the person is still unnamed, so how are you in the know.

    I am not saying you fabricated this, but if we are to take you seriously then you must tell us the source of your information. Are you a friend, one of his users or him?

  127. Student Has Fingers, Eyes Seized by RIAA by Saint+Aardvark · · Score: 5
    OKLAHOMA CITY, OK (AP) -- In a move that signalled its harsh new stance against Napster and MP3 distribution, the Recording Industry Association of America (NASDAQ: RIAA) announced that a student there is about to have his fingers and eyes seized.

    "It's very simple," said an RIAA spokesman. "He was distributing MP3s and violating copyright. And, in line with our new `zero-tolerance' policy, we will be seizing the tools of copyright violation: in this case, the fingers he used to type with, and the eyes he used to confirm his crime with. The surgery is scheduled for next week."

    The spokesman denied that this was too harsh a punishment. "Oh, give me a break. It's in the Bible, after all. And don't forget that this is a temporary seizure. We will be keeping the eyes and fingers in cryogenic storage, and after one year we will return them to the student. We even pick up the tab for the surgery. Pretty sweet, if you ask me."

    Free Software Foundation guru Richard M. Stallman could not be reached for comment. A source close to him said that he was "frantically trying to uninstall his copy of Gnapster."

    1. Re:Student Has Fingers, Eyes Seized by RIAA by goldmeer · · Score: 1
      In related news, the Moral Majority is contemplating on using this type of punishment for prostitutes, adulterers and homosexuals (where homosexual behavior is ilegal such as Arizona "Crime Against Nature")

      Don't hold on to your ears, folks...

  128. This Situation Is Different by LaNMaN2000 · · Score: 5

    In college, many of my friends and I do transfer music online. However, when somebody sets up an FTP server with 10,000 MP3s, using campus bandwidth, and gets enough traffic for the RIAA to be able to find his site, he deserves to get busted.

    In the process of building up his collection, this student was hogging bandwidth that could have been used for academic or less bandwidth-intensive personal applications. Every once in a while, the network at my campus slows to a crawl and I *know* it is because somebody planning a party has decided to download 50-100 MP3s within the span of a few hours.

    I would be upset if the RIAA harassed a casual MP3 user with only a few hundred files occasionally shared over Napster. But, this was an "always-on" FTP server with an inordinate amount of bandwidth. When somebody is so blatantly disrespecting all parties involved, I have no sympathy.

    --

    ByteMyCode.com: A Web 2.0 code sharing community.
    1. Re:This Situation Is Different by jjeff · · Score: 1

      and a lot of the ones they got mad about, were
      legit, i had the cd sitting not 6 feet from me.

      how does this make sharing them legit, a cd is for personal use, if you were to say that anything copied from someones cd and shared amonth other people was legit then there would be no problem with mp3's.

      --
      when everything is working perfectly.. BREAK SOMETHING before something else FUCKS up!
    2. Re:This Situation Is Different by White+Shadow · · Score: 2

      Actually, bandwidth usage has nothing to do with it. I know from personal experience, I used to run a public MP3 server, but I had it capped to 4 users and 5k/s per user (mainly for those dialup users). However, since I was publicly advertising on IRC, I got caught and got a letter from the RIAA.

      Oh the other hand, I currently distributle non-copyrighted MPEG video files now and easily use 200k/s or more at times and no one bothers me. My point is that it's not bandwidth usage that's important, it's who cares about what you're distributing.

      On a small side note, campus networks can easily become saturated during daytime hours and not by just mp3 downloads. Those http transactions add up fast . . .

  129. Re:This pisses me off... by Forgotten · · Score: 1

    Beyond the bizarre idea that "sucking up bandwidth", or even copyright violation is grounds for search and seizure - sure, the University owns the connection. It'd be perfectly reasonable for them to pull the connection and not return it unless the student provided some evidence that he wasn't going to engage in this behaviour any more (probably involving voluntary access to his equipment). Seizing it goes way over the line, and it's particularly galling that it was performed by campus rent-a-cops instead of the real police. That kind of delegation of police authority never bodes well IMO, especially when the real police are already acting as industry schills in this case.

  130. This student wasn't the only one... by AntiNorm · · Score: 2

    I happen to be a student at Oklahoma State University myself, and while I am aware of plenty of other students who have been in trouble for MP3 distribution, most of them just had their network access cut off. The article in the campus newspaper on this particular incident, which can be found here, mentions that unlike some other campuses, however, OSU's CIS department will *not* censor traffic and will *not* scan the network for "illegal" shares. To quote the assistant director - "We are not Big Brother, we are not a censor, but we won't turn a blind eye."

    Incidentally, the dorm that this student lived in had just been wired with ethernet and was one of the last dorms on campus to have this done.

    =================================

    --

    I pledge allegiance to the flag...
    of the Corporate States of America...
  131. Re:So what? by Frank+T.+Lofaro+Jr. · · Score: 1
    You are specifically allowed to distribute GPLed software in binary form only for non-commercial use.

    Umm where do you get THAT idea?

    --
    Just because it CAN be done, doesn't mean it should!
  132. Re:Taco... What an idiot you are!!! by UnknownSoldier · · Score: 1

    > I'm on your side

    Doh. I must of missed the emoticon on the end. ;-)

  133. Re:Don't get confused... Think for yourself. by timster · · Score: 2

    Actually I've read the license on all my DVD's, and NONE of them restrict playback with DeCSS or require an "authorized" player. So I'm not violating any licenses or laws if I use DeCSS to view them.

    --
    I have seen the future, and it is inconvenient.
  134. Stop Whining! by eyez · · Score: 1

    Or, some people care about it. Why should it be "news for nerds who are sick of hearing of mp3s?" I like the idea of articles posted for all types of people, not just for myself. There are quite a few articles on /. that i don't look twice at. Though, by your logic, i should go to the comments page and post a comment about how the subject is stupid to me, and therefore shouldn't be on slashdot at all. riiighhhtt...

    --
    get 0wned. irc.w30wnzj00.com
  135. So what? by Patman · · Score: 3

    So let's see, the kid distributed someone else's property without their permission. He broke the law, and campus rules, and got slammed for it.

    I can guarantee that if someone distributed Linux without proper permissions, violating the GPL or something, you'd all jump on his back.

    I support the distribution of music over the Net wholheartedly. But, the music and movies do belong to someone, and taking it from them is stealing.

    Defending people who are obviously guilty just because it deals with "the Internet" serves no more then to dilute the cause and make you look like fools.

    NOTE: My apologies if there is another post here with the same subject - a minor misclick on my part.

    1. Re:So what? by Eil · · Score: 2


      But, the music and movies do belong to someone, and taking it from them is stealing.

      At the risk of sounding like a troll... I don't believe you've been keeping up on the RIAA vs Everyone case. I will agree that in *this* instance, the kid was dumb and rather deserved to have his FTP shut down. My main reason in supporting the electronic distribution of music (yet, even copyrighted ones) is that I personally use the MP3s I download as an evaluation of the music before I buy it.

      And I just thought of something rather interesting regarding the copyright laws as a whole. I am under the impression that copyright originated as a way of authors to prevent the plagarism or misuse of their creative work. Were this true now, Napster, et al would be breaking no laws, as no one that I know of is making absurd claims that THEY were the ones who wrote and performed songs that are up Napster or FTP sites.

      But I suppose Copyright is just another term for "If you listen to this song without paying ME a large amount of money, then I reserve the right to kill you."

      Going back to the original statement you made, I'd like to point out that your use of the word "stealing" is inadequate since the RIAA's member companies still hold the masters for every song they produced. If it WERE stealing, then I'd be stealing music every day (albiet legally), by listening to my car radio and changing the station whenver a commercial came on. Which I do.

      Book 'em, Danno.

    2. Re:So what? by aozilla · · Score: 1

      Explain to me a situation where you would make changes to the source, distribute the binary, refuse to distribute the changed source, and have no commercial purpose?

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    3. Re:So what? by aozilla · · Score: 1

      from the GPL:

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
      [...]
      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

      --
      ok then your [sic] infringing on my copyright! Could you as [sic] me next time before STEALING my comments for your own?
    4. Re:So what? by Felinoid · · Score: 1

      Incorrect...
      You are allowed to distribute binarys IF the source is available..
      If you made no changes to the source then the source is available from the same place you got it from.. if you made changes then you must provide those changes.
      Commertal or non-commertal. dosn't matter...
      The source must be available...
      As a rule if your just giving it away then the source IS available..

      --
      I don't actually exist.
  136. Re:My ramblings. by david+duncan+scott · · Score: 1

    So do the MIT police get badgenumbers like 1.276e-27?

    --

    This next song is very sad. Please clap along. -- Robin Zander

  137. Oopsie by Greyfox · · Score: 2

    My bad. On the other hand, all those midwestern states all look alike ;-)

    --

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

  138. Going after College Kids isn't New. by Trans · · Score: 5

    I got busted back in 97 for running an FTP out of my dorm just like this kid. The coolest part was that the RIAA actually faxed my univeristy president about me! I was listed by name and IP address. I felt so special.

    I first became worried when I noticed attempted logins from the Network Security Office at our school. I prompty booted them out and shut down the server. But alas, it was too late. 20 minutes later I noticed my connection was gone. And a week later I was in Judicial Affairs getting bitched at by some old woman with bad breath.

    I lost my dorm connection for an entire year because of that. So now I no longer distribute MP3s, I just take them. I paid my dues dammit!

    So anyway, my whole point is that the RIAA has been going after individual students for at least 3 years now. This is the first I've heard of a confiscated computer though.

    --
    -=God Hates Me=-
    1. Re:Going after College Kids isn't New. by Alioth · · Score: 1
      Heheheh...that brings back memories, being booted off the 'net.

      Except I got booted off the network for running a MUD on the University's servers. Apparently, they didn't like games! I was busted when a friend's LPC program (some item in the game) started spewing and filled the entire filesystem.

      I was hauled up in front of the Bastard Operator From Hell who quietly harangued me for the 'crime'. We traded several hate-emails after that.

      I got back in favour with root when a friend and myself found a bug in Sun's PAD software (X.25 communication - bit like Telnet for X.25 I suppose) which would give you a root prompt. We decided to tell root about it instead of exploit it. The 'quid pro quo' was clear, and root decided to like us again ;-) Sun came and fixed it, and we found another one in the same software!

    2. Re:Going after College Kids isn't New. by Erasmus+Darwin · · Score: 1
      So anyway, my whole point is that the RIAA has been going after individual students for at least 3 years now. This is the first I've heard of a confiscated computer though.

      From my reading of the article, it appears that the computer confiscation was the act of the University, rather than the RIAA. Anything beyond getting a given site taken down really isn't going to benefit the RIAA -- a multi-million dollar judgement against a poor college student isn't even worth the time it'd take to file the suit, much less the legal fees. Furthermore, while criminal charges might serve as a deterrant, it wastes time-and-effort that could be spent more "profitably" locating other infringing sites and sending cease-and-desists.

    3. Re:Going after College Kids isn't New. by RJ11 · · Score: 1

      They did all of this rightfully. Completely understandable to me.

    4. Re:Going after College Kids isn't New. by Trans · · Score: 1

      Well I didn't complain about the legallity or righteousness of it. I was just telling my story the way I saw it. According to the law, of course what I was doing was illegal. But that doesn't stop me and a million others from trading music.

      --
      -=God Hates Me=-
  139. Re:Hmm... by eudas · · Score: 1

    add two vcr's or record to vcr from the dvd player and you've got copyright infringement (remember the fbi warning at the beginning of the movie?)...

    also, suck free cable from a neighbor's feed or something to your tv and that's another crime...

    eudas

    --
    Blessed is he who expects the worst, for he shall not be disappointed.
  140. Re: Do something by DgtlGhost · · Score: 1

    I'm all for it, but we have a problem. Most of your truely 'net savy users think that they ahve some kind of privacy that they aren't willing to give up in order to really make a difference.
    The kid broke the law, and he broke the campus rules, and the only way to clear him of that is to have the rules changed. Yes, it sucks, and No, it's not really fair. But if no body cares enough to make formal complaints, if no one takes this personaly, then it Will keep happening.
    We can blame a lot of different people for why the system is wrong, but instead, let's try to come up with a solution. The artists are bound to the corprations, the corps don't know how to make money off the MP3's, and untill we show them how, they're going to fight us. It won't be easy to implement and force this kind of change, but who else is going to do it?
    Let's not forget that one of the major tools of the pirated music comunity was distributed for free, full release, and NullSoft was bought for How much?

  141. Re:Civil disobedience in the information age by Jeff+DeMaagd · · Score: 1

    Amidst all the confusion in that post, all I can say is, huh?

    Sharing copyrighted music in the form of copying has been illegal for a long, long time. Sharing using Napster means that they are making a work available for copying.

    Yes, there will always be some someone copying someone else's work without owning a proper copy, there is no way to end it. There are ways to reduce the amount of wholesale ripoffs that use the net, and it is within their rights to do some of it.

    I am not saying that the fascists in the RIAA or MPAA are doing a good thing, but there's a limit to all things, at both ends.

  142. stupid editorial comments by ArchieBunker · · Score: 1

    Lets face facts, 99% of napster traffic is copyrighted material. FTP does not specifically search and index copyrighted material. I bet a very very small amount of all ftp traffic is used to distribute warez, compare that to nearly all of napster traffic.

    Maybe taco should have read the schools network policy of not being allowed to distribute illegal/copyrighted material before he makes such dumbass comments.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  143. Re:I'm glad to know by plastik55 · · Score: 1
    Then you should have no problem with this. The RIAA doesn't want you to take it's stuff. In an anarchy, they're practicly EXPECTED to do stuff like this.

    Not by abuse of government! An anarchy doesn't have a police force you can sic on the kid. It also doesn't have laws that are bought by the corporations.

    --

    I have a positive modifier on Troll. When I mod someone Troll their karma should go UP!

  144. about Robin Hood by hawk · · Score: 2

    I don't think that there's much historical dispute that there *was* an Earl Robin of Loxley who didn't get alon with the king. But as to what he di, that's another matter :)

    However, the "evil taxes" he fought were one of the best things that happened for the people anywhere in Europe for a couple of hundred years in either direction. These taxes were tto fund the King's courgts founded by Richard and John's father (whose name I forget. Another Richard?), which were the basis for teh little guy having at least *some* chance. Previously, all matters were heard in baronial courts--so you sue your evil overlord, and he gets to be the judge as well. The courts funded by that tax developed the Common Law of England, which ewe use today in almost all the english speaking countries.

    While I'm at it, Richard (the "good" king in the tale) was one of England's worst, but he ameliorated this by being out o fthe country for almost all of his reign, while "evil" Prince (later King) John was probably one of the better ones--he also signed the Magna Carta, albeit at spear point. And Maid Marion? a fictional character from a french poem a centruy later, who somehow left that poem for the greener pastures of a legend about a nobleman turned brigand who stole the people's chances at justice . . .:)

    hawk

    1. Re:about Robin Hood by aphrael · · Score: 1

      while "evil" Prince (later King) John was probably one of the better ones--he also signed the Magna Carta, albeit at spear point.

      Signing the magna carta at spearpoint means he was a good king?

    2. Re:about Robin Hood by hawk · · Score: 2

      no, not that it was *at* spearpoint. (Come to think of it, didn't he give in *very* easily at Runnymeade (sp?) Along the lines of, "oh, that's all they want, I"ll sign it and then they'll go away" ?)

      The fact that he *did* sign it, and that he did push the common law courts, and that he didn't spend his time in lost-cause crusades like his elder borther.

      Kind-of analogous to the spear-point: Clinton's best move in 8 years was to push things past the brink nice and early and bring about a Congress from the other party, saving him from his own policies. [note: this applies to both parties: If Bush wins, his position in history will probably look better if he gets a democratic house]

      hawk

  145. This is not theft ! by Zemran · · Score: 1

    I see a lot of people here are being suckered into using the term "theft". M$ use this term to make it sound like a serious crime when people copy their software, the music industry use the same tactic. Now the general nerd comunity are using the term to describe copying.

    Copying something is not theft. Theft is taking something, that does not belong to you, with the intention of permanently depriving the owner thereof. I do not believe that this student had any intention to permanently deprive anyone of anything. The industries would like you to believe that these people are depriving them of profit but this is also a blatant lie. These students are, generally, getting something they cannot afford and therefore there was no potential profit lost. If this copying had not taken place the students would have gone without.

    This whole concept of "theft" is a spin to make a minor offence into a serious offence in order to gain more control. Please call it what it is and stop making out these guys are gangsters just because they copied a few records. I used to use a tape player when I was a kid and I taped my friends records!!! Do you have a VCR? Have you ever taped a film? then lent it to a friend? Have you ever taped a record? Are you a thief?

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  146. Re:This pisses me off... by mpe · · Score: 2

    And yes because some money-hungry corporation gets a law passed then the already-thin police budgets now have to spend hundreds, if not thousands, of dollars on a professional forensic analysis of some student's hard drive.

    They probaly go for the "soft" targets in order to make it look as though they are doing some kind of decent job.

  147. Re:Civil disobedience in the information age by Frank+T.+Lofaro+Jr. · · Score: 2

    And for those of you that still go to the movies (not everyone is going to boycott completely), for every dollar to spend doing so, send a dollar to EFF. So if you go to 15 movies a year at $7 each, send an extra $105 (15x7) to EFF, above and beyond what you would otherwise give. That will allow them to fight back.

    --
    Just because it CAN be done, doesn't mean it should!
  148. Re:This pisses me off... by mpe · · Score: 2

    The thing that many people are complaining about is that current legislative process does not necessarily mean majority rules.

    Indeed with the current situation you are very unlikly to get laws representing majority views

    Professional lobbying and campaign donations have diluted the laws passed from being good for the nation to being good for one's supporters.

    Some of the organisations doing this represent big business, but by no means all.

    It is most certainly possible to buy votes, and that is the way our legislative system works now and will work for some time.

    The fault is as much with the police and judiciary. A simple refusal to operate such laws would send a stronger message than any ammount of lobbying.
    A better, though less likely solution would be the conviction, for High Treason, of any legislator who puts lobbiests before the state. (In the Case of the US the "state" is, or at least should be, the written constitution.)

  149. Could RIAA prove this? by Millennium · · Score: 2

    OK, so they accused a student of illegally distributing copyrighted material. Fair enough. Did they have proof? Did they have proof that those downloaders were not withing fair-use rights (meaning, of course, that they had already purchased the material being download, and keep in mind that they are also innocent until proven guilty)? Or, failing that, did they have proof that this guy hadn't purchased the materials he was making available? Or, failing even that, did they have proof that he was intentionallymaking these available, as opposed to simply having lots of stuff on his machine, which was then 0wn3d by some l33t Skr1pt k1dd13 who set up a server without this guy even knowing (as I understand, it was a Windows box after all...)

    If they could prove any of this, then I have no problem with what they did. In fact, I applaud them if they had proof of wrongdoing; this is how such cases should be handled. Punish the guilty ones, rather than just everyone.

    If, on the other hand, they had no proof, and simply sent a baseless accusation, then this is nothing more than presumption of guilt, and I can't support that. It's unconstiutional, and even if it weren't it would still trample the rights of innocent people, now in danger of being arrested just because some fat-cat record execs think you might be stealing from them.
    ----------

  150. Re:This pisses me off... by mpe · · Score: 2

    Don't like a law, try to have it overturned. But, fighting by disobeying the police and judges is a very hard way to fight. Not impossible but you had BETTER *KNOW* you are right! Civil disobedience has failed far far far far far far far more often than it's succeeded in history. Are you THAT sure that stealing music is legal?

    Whatever the failure rate of "civil disobedience" the ability of ordinary people to overturn laws (especially those backed up by a powerful lobbying group) is very, very, very limited, Regardless of how unjust they might be, regardless of what some written constitution might say.

  151. Re:This pisses me off... by mpe · · Score: 2

    Actually, no, the reason copyright laws exist is because the majority of elected representatives support them (or did support them at the time they were written).

    Possibly a majority of those legislators who actually voted on the issue.

    A small majority of American people actually vote, and those who do are usually voting against someone as opposed to for someone.

    Also remember that organised political lobbying groups typically have far more infuence over legislators than voters anyway.

  152. Re:This pisses me off... by antv · · Score: 1

    StegFS allows you to have mandatory number of data layers. w/o knowing password there is no way to determine how many layers are there. They ask for password, you give them one. Or two. Or five. There is no way to determine if you had given them passwords to all layers of data.

    --
    Obama 2012: our incompetent asshole is slightly less of an incompetent asshole than the other incompetent asshole !
  153. A collection of knowlegeble comments: by NuclearArchaeologist · · Score: 2
    A person named MoooKow claims to know this person has been posting. They have posted 6 coments in this thread, and in no other. The user info page is here MoooKow .

    Contents of the post are that the student used a DSL line at home to run an FTP server for his friends, not anonymous, that collected and shared rare acoustic music.

    It's kind of hard to judge these comments in a vacuum. I wish that there were some more run of the mill comments on MoooKow's page. Something smells.

    1. Re:A collection of knowlegeble comments: by MoooKow · · Score: 1

      I've been around slashdot for quite some time, I'm just not a huge poster (mostly just read everything). If you have any questions to ask of me feel free. I do have 20 karma points as you can see, so obviously I didn't just create this account to post for just this specific story (I have posted in the past, just not a great deal). He used his DSL Line at home for about 4 or 5 months, and a 56k modem before that to obtain the most of large majority of his collection. He is currently at college as a freshman and has only been using a university connection to do trading for a short time. Feel free to email me at marty@mookow.NOSPAMPLEASE.dhs.org if you have any questions to ask of me.

  154. Re:Don't get confused... Think for yourself. by mpe · · Score: 2

    Under the Constitution, the information content of published music, movies, or other works is not the property of the publishers, but of the people. Copyright is an arrangement where the public temporarily restricts its own rights, to a limited extent, to provide an incentive for authors to create more works that will benefit the public. It is not a recognition of any "natural property right", and your term "their own property" thus goes against the Founders' intent for copyright, and 200+ years of law.

    However in that 200 odd years the concept of copyright has been modified drastically. The original drafters would never accept the current length of copyrights, restrictions on "derived works", the ability of corporate entities to masqurade as people. Let alone just about any part of the DMCA.

  155. Who is MooKow? by NuclearArchaeologist · · Score: 1

    MoooKow makes some very interesting points in this thread, but MoooKow has not posted to any other treads in a long time. Just go look at his User info page and see for yourself. Are you for real?

    1. Re:Who is MooKow? by MoooKow · · Score: 1

      I've been *reading* for about 3 years. I didn't say I've been a *user* for 3 years.

    2. Re:Who is MooKow? by MoooKow · · Score: 2

      I've been reading slashdot for almost 3 years now (I think about that long... could be off, has been a while anyhoo :). I'm simply really not much of a poster though -- I usually don't have the time to post. I just like reading the articles and other people's takes on them mostly. I'm posting a lot on this article however because I happen to know some facts in the matter that havn't been brought to light by the article and I think have some relavance. PS. I'm a He :P

    3. Re:Who is MooKow? by rottcodd · · Score: 1

      I don't know who MoooKow is, but s/he claims to know the owner of the seized equipment. Perhaps MoooKow is posting because the story hits close to home?

  156. Re:Actually they wouldn't be sharing anything by cpt+kangarooski · · Score: 2

    Heh. That's quite a load of bullshit. There were a _lot_ of musicians during the middle ages. In fact, if you could memorize songs and stories, you could make quite a bit of money. There are stories about such musicians that wandered throughout Europe, welcome wherever they went.

    But not much has survived because there really wasn't a method of musical notation yet (that was developed by monks and took a while to become widely used) nor recording music.

    In the realm of art and literature much more has survived, and all of the works of the ages (including the vast majority that did not survive due to fires, need for construction materials, religious wars etc) were copyrightless. Copyrights didn't exist (at least not the kind you're thinking of) until the 17th century. Are you telling me that there were NO creative works until then?

    --
    -- 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.
  157. Re:It maybe a long road but... by b0z · · Score: 1
    It maybe a long road but eventualy the music industry will lose, and music will have a NEW DISTROBUTION. They wont get paid for every cd, and they will have to learn to like it basicly.

    I normally don't comment on spelling...but the way you misspelled distribution is too funny. Rob being the key word here, it seems like any way a musician looks at it they lose if they are in it for the money. Right now the RIAA gets their claws in them, or some new way of distributing music may come along and the artists will eventually make less money than they think they deserve then also. I think there is a lot to be said for finding a way to make the price of making music cheaper for the artists, and help them advertise locally on the radio and such, or have contests (eg. Star Search...bwahahahahah!) that will let people go on TV and advertise themselves while under the guise of a contest. I think we would have a lot higher quality music than we have now. I'm pretty tired of bands thrown together by record labels that think they know what we want to pay for. Maybe the TV shows that have those contests can be specialized and hosted by popular artists...'Gwar Search' for example would be my idea of quality entertainment.

    --
    Mas vale cholo, que mal acompañado.
  158. SOMEONE here doesn't "get it", anyway... by eudas · · Score: 1

    napster-corp provides napster-service via napster-program and napster-servers to users.

    mp3-d00d provides mp3-service via ftp-program and ftp-server to users.

    same same.
    and, since corporations are legally considered entities, and individuals are considered entities, i'd say we have a match.

    eudas

    --
    Blessed is he who expects the worst, for he shall not be disappointed.
  159. Re:Don't get confused... Think for yourself. by qbwiz · · Score: 1

    But you are breaking a law, the DMCA. You aren't allowed to circumvent a copy protection mechanism, and DVDs use a copy protection mechanism(CSS).The only way you can use them is with a player that has the key, and only the people who make DVDs can give them to you. Therefor, you need an "authorized" player to legally play them.

    --
    Ewige Blumenkraft.
  160. Apparently Oregon's Not the Place to Pirate by Greyfox · · Score: 2

    According to this Wired News article, this isn't the first time something like this has happened in Oregon. This student could very possibly end up facing criminal charges as the one in the Wired news story did.

    --

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

    1. Re:Apparently Oregon's Not the Place to Pirate by generic-man · · Score: 2

      I'd be very surprised if this were the first time something like this has happened in Oregon. Oklahoma State University would most likely not be in Oregon.

      --
      For more information, click here.
  161. Re:This pisses me off... by cpt+kangarooski · · Score: 1

    Yep. Mitnick was, last I heard, involved in just such an issue. He wants his stuff back (having done his time) but the government won't release it until he divulges his passwords. And since it's information that he knows that could implicate him in further crimes, he's well within his rights to clam up.

    The trick is that the govt. is not giving his stuff back despite having no proof that they'll find anything.

    --
    -- 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.
  162. I'm glad to know by Steveftoth · · Score: 1
    I'm Glad to know!

    That we don't live in a democracy.

    That we are governed by people who are looking out for OUR best intrests.

    This sounds like we live in a country that is completly and totatly corrupt. People in America are complete whores who will do anything for money. This is evidence of that, for the RIAA has created an enviroment wherin people are afraid of MP3, and distributing them.

    Why should anyone care about the distibution of MP3?

    Why should we care about some crappy artist's piece of work which in all probability, will be forgotten over the next few years anyway? Don't we have bigger and better things to worry about? I guess not. I guess that nobody cares about anything except what the media forces them to hear.

    But, whatever happens will happen. It would be a shame if we lost the battle for MP3 and internet technology. If we were forced to use a network technology that had a strict morality built into the design. That would be a tragedy. Right now, the internet doesn't differenciate between different bits of data. Data is Data is Data. If the internet were able to differenciate, and know what type of data was being transmitted, think about how that would impact the ability of the RIAA to stop MP3. The only I see this sort of policy change going into place, is if the mega-mergers get even bigger, because as long as no single entity has more money and sway then the rest, then this could never happen to the internet tech.

    Where this is going

    Right now, the internet is a huge anarchy, has been since birth. Someday it might have to be more civilized in order to increase effienicy. This day maybe sooner then you think, so make sure that the battle for MP3's is more then that, it a battle for our freedom online. Our freedom to have this anarchy, and use it however we please. Our freedom comes at a price, right now, this price is very low. It seems to me that we will have to pay much more in the future for our freedom.

    1. Re:I'm glad to know by IronChef · · Score: 1

      >People in America are complete whores who will do anything for money.

      Yeah, and the rest of the world is a moral and intellectual paradise.

    2. Re:I'm glad to know by ErikZ · · Score: 2
      Right now, the internet is a huge anarchy, has been since birth.

      Then you should have no problem with this. The RIAA doesn't want you to take it's stuff. In an anarchy, they're practicly EXPECTED to do stuff like this.

      Later Erik Z

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
  163. In loco ? by HiyaPower · · Score: 1

    Lets leave out the legality/illegality of what the kid was doing. What disturbs me here is that the UNIVERSITY obtained a search warrent and seized things related to this issue. Since when is the university a police power of this sort? To be sure, Campus police must have deputy power to enforce law and order on their campus, but for this stuff?? It is an open question as to who was committing anything anyway. Well gotta run now, gotta fund raise for our new gym down at 'ol holmstead, gonna meet some real important entertainment folks and don't want to piss em off none...

  164. POLICE STATE by vinylat33 · · Score: 1


    I admit that sharing mp3's files, that originated from copyrighted material, is wrong.

    BUT...., all these cases are the result of the music industry exploiting the music lovers.
    If they weren't so fucking greedy, and say, well, you can download every song for 50c, everybody would still spend the same amount of money like we do now, but have a lot more of music to enjoy.

    secondly, the CAMPUS POLICE ???? What kind of nazis are they for doing this, couldn't they give a warning or something like this..?

    There are a few people who realise that if they play a fair game, the rest will follow.

    vinylat33

    1. Re:POLICE STATE by vinylat33 · · Score: 1


      This guy is wrong and I have to pay his lawyer ?

      You admit that he is wrong, for what purpose does he need a kick-ass attorny?

      Oh I forgot, in America you can buy law.

      Please buy a plane ticket to Amsterdam Holland to get a little taste of OUR morals.

      I was allmost angry enough to shout at you, but that has no value.

      vinylat33

      sig.
      on New Year's Eve :
      Let we remind our glorious freedom, and ..... hey, you there, stop smoking in this bar,.... and little johnny, get inside with that glass of wine,... and tiffany, I hope it is not pot what I am smelling? I hope somebody says something to me, so I can sue him.

  165. What Next by crweb · · Score: 1

    Well... I've got this cd in my computer, oh! I just made a mp3 of one of the songs. Now I've got this copyright'd mp3 on my computer! oops, I gave it to my friend, via the internet. Friend likes it, he buys cd. Quick SOMEONE ARREST ME!!!

  166. Precendent Schmecedent by Anonymous Coward · · Score: 5

    You guys think this case is bad? This is nothing. I wish more people knew what is going on.

    A family member of mine works in the Office of General Consul for the California State University system. The RIAA sends their requests for student information to this family member. The RIAA was told to go get a subpeona. So guess what? The RIAA got its friends in the California legislature to give them the power to issue their own subpoenas. I am not kidding. The RIAA has the power to issue subpoenas in the State of California.

  167. campus police by hawk · · Score: 2

    Generally, campus police do *not* answer to the university, at least not in a police function. In some states, they're actually local deputy sherriff's, in others, they're a branch of the state police.

    ANd then there's University of Chicago, a private school with an actual police force--it was part of teh deal that kept it from moving west and merging with Stanford. The local constabulary was famously corrupt at that point, and UC demanded the separate force (paid for by the city and/or county, iirc) as a condition.

  168. It could get worse by TheLink · · Score: 1

    It's even worse if in the future more and more people communicate by sending large chunks of multimedia data to each other in verbatim.

    One might say that in that case very little of it is created by the sender and so redundant. But we could have said the same about the alphabet.

    If bandwidth increases and humans are augmented/enhanced to cope with it meaningfully it might just happen.

    Instead of sending ASCII, people could be sending multimedia streams as base symbols. Go to the next level.

    If that happens, would sending the chorus of a particular song overlayed with news broadcast as a joke be copyright infringement?

    The concept of "Intellectual property" is not scalable - it puts drastic limits on our capacity to think and communicate.

    I hope it would go away soon. For sure something else has to be put in place to reward (not compensate) those who create new and good stuff. Compensate is the wrong term - it gives the idea that the creator suffers loss. Reward is the better term. In the future I could perhaps supply URLs to better say what I meant. But for now this would have to do :).

    Link.

    --
  169. Request for clarity by Nezumi-chan · · Score: 1
    I'm a little confused by one aspect of the story. According to the story, the campus police busted the guy and confiscated his computer via a search warrent obtained as a result of the RIAA's letter to the University.

    Now, as a result of reading the discussion, I'm unclear on two things.

    First of all, is copyright infringement an arrestable offence in his state?

    Secondly, a lot of /. posters have commented on how the fellow was arrested. Do the Campus Police at that university have arrest authority, or did the real civil police come into it at any point?

    I'd be interested in knowing.

  170. Re:Actually they wouldn't be sharing anything by CmdrTHAC0 · · Score: 1

    If you think that being on a major record label equals self-determination for an artist, you're sadly mistaken.

    Napster is free. Napster screws them harder than the RIAA if it becomes the dominant distribution model. The masses shouldn't demand that all artists automatically arrive on Napster. "Voting with your feet" was meant in reference to moving to the product/distribution model you like, not kicking the teeth in of the one you don't like. But lots of people seem to have the motto, "Fuck you, RIAA! (Wheee, I'm breaking the law!) Sorry, [artist of choice], I'm fucking you, too, but it's for a good cause." The creator of the work should get the choice: if they think Napster is good, let them support it.

    So... how 'bout we end all the hoopla by declaring the RIAA a public utility and regulating them to the moon and back?
    ___ CmdrTHAC0 ___

    --
    __CmdrTHAC0__
    In Soviet Russia, Spanish Inquisition doesn't expect YOU!!
  171. individuals by DeXtR · · Score: 1

    so they're going against individuals now, hey be my guest!!!! i live in an island in the caribbean where 9-something % of the population have no idea what mp3 is. So go ahead, be my guest m right here i have plenty of files,i just wish i could hear the conversation between the MPAA and the police here... hehehe :P

    --

    Istigkeit -"is-ness" being and becoming & i'dfiying it with the mathematical abstraction of the idea

  172. What we need.... by Bios_Hakr · · Score: 1

    is an encrypted filesystem. Would it really be difficult to have the OS reside unincrypted and the /usr could be un-encrypted at boot. I have never actually tried to encrypt a directory but it seem that this couldn't be too difficult. It might take a long time, but how often do you really need to reboot a linux box. The Bad Guys(tm) can com in and when they take the box to their offices....they get random noise.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
    1. Re:What we need.... by Flower · · Score: 1

      fwiw, The court would hold you in contempt. Fine or jail until you submit the keys. Then you go trial and get found guilty. :)

      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    2. Re:What we need.... by ahaning · · Score: 1

      ..they get random noise.

      And then they say: "Okay, what's the password?"
      And then you say: "I'm not telling! :P "
      And then they say: "Okay, fine. You plead guilty."

      Though, then that brings the "guilty until proven innocent" thing into play. But they would probably conveniently forget about that.

      --
      Withdrawal before climax is very ineffective and those who try this are usually called "parents."
    3. Re:What we need.... by Adam9 · · Score: 1

      CFS.

    4. Re:What we need.... by CaptJay · · Score: 1

      All good in theory, but there are already laws to make sure you don't try to pull that off.

      You'd get additionnal charges for interfering with an investigation if you refuse to give them the password to unencrypt the hard drive.

      Tough luck...

      --
      "I remember Y1K, every abacus had to get another bead"
    5. Re:What we need.... by mini+me · · Score: 1

      How about creating a script before hand that will trash everything incriminating when you log in with a certain password that you supply to the authorities? They wont know that this is happening and anything they shouldn't see will be gone. Your collection will be gone, but it would be better than letting them see the data!

      Just a thought, but I'm sure it could be done.

  173. Public safety by dillon_rinker · · Score: 3

    Everett Eaton, public safety director at OSU,
    Thank GOODNESS that this threat to public safety has been removed. We all know that distributing MP3s can lead to date rape in fraternity houses, underage drinking, and alcohol poisoning.

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."
    Oops! Sorry about that irony up there, Eaton. I didn't realize he was distributing illegal substances. My mistake - good thing you jumped in there!

    BTW, am I the only one who is bothered by the fact that state colleges have their own police force? I can see the practical need for policing a large group of people, but I see a real conflict of interest here, from the perspective of the surrounding community (college police are controlled by the college) and the students (police and professors, all working together...)

  174. This is pretty common by Anonymous Coward · · Score: 1

    This sort of thing is pretty common. The only odd thing is that its comming from the RIAA.

    If you live in the dorms at any university with a nice connection and keep your eyes open you'll hear of this sort of thing often. The majority of the time its warez/porn ftps that result in siezed computers. The mp3 sites are usually told to just stop. I personaly know of three people where some version of this has happened in the past.

  175. The right to read by David+Jao · · Score: 1
    What there is, is a law stopping you from reading the contents, which you claim no right on.

    You seem to be saying that you would have no objections at all to a law that illegalized the act of opening and reading a book whose paper you own.

    Attitudes like this scare me. Really. The usual antidote is to point out Stallman's article The Right to Read as an illustration of where we're heading (and, in many ways, where we already are).

    do something that is not illegal to protest (stop buying DVDs might be a start).

    Believe me, willfully breaking laws is a last resort. I haven't bought a DVD player or drive yet (the only ones I can afford are region-crippled), and I'm seriously considering moving to a country where so-called "protest" actions such as promoting and distributing DeCSS would be perfectly legal.

  176. In that case.... by Trans · · Score: 1


    ...I'm holding on to my ears like it's the end of the world!

    --
    -=God Hates Me=-
  177. Answer: Self Destructing Hard Drives? by ToddN · · Score: 1
    How about a HD that contains either a pyrotechnic substance (thermite) or an inductive heating coil that would melt the platters. It could be set off either by a deliberate action or as a deadman switch. They come to seize your hardware, only to find the drive a glowing, molten puddle.

    I know, I know, he was (allegedly) distributing copyrighted material. I know, it's illegal. But a lot of the posts regarding Napster/DeCSS lately have been castigating people about posting their thoughts on how to stick it to the MPAA/RIAA.

    It's not about getting free MP3's or being able to view DVDs on your Linux box. I don't give a shit about being able to do those things. What I do care about is a mega-corporate entity telling me what I can or cannot do, and what kind of software I can or cannot possess. I'm damn near 40, and all my life I have despised those who attempt to control others. I work with (and for) these pricks in suits, and I understand that they are not a force for good in this world. I just give them a wide berth when I can, but love seeing you guys stickin it to them. I have 2800 MP3s up on a Napster share most of the time, just on GP.

    Anyway, it's late. Goodnight.

    1. Re:Answer: Self Destructing Hard Drives? by Skyshadow · · Score: 4
      Yeah, I had an idea similar to this when I was reading Neil Stephenson's Cryptonomicon. In the book, a server was kept in a closet which also contained a very large electromagnet -- when the cops opened the door, it set off the magnet and zapped the hard drive.

      You could build a more basic system based on the concept -- just build a really basic, thin electromagnet and tape it to the drive itself. When the Gestapo comes to your door, just press a button to zap the drive. Or, you could include a battery and have it rigged to zap the drive if the case is improperly removed, or whatever.

      Probably are legal ramifications to this, what with destroying evidence and all. Still, remember that Mitnik is only loose now because the cops couldn't read his hard drive ("No, your honor, it's not erased -- it's just very heavily encrypted").

      This is still only a band-aide. The megacorps have become the modern tyrants, and we're moving towards a world where we won't have any wiggle room to protest -- government and corporations working in together to keep you as a slave. They'll control what you see, hear, learn in school and (thanks to the first three) what you think.

      Solutions? There's only one -- if government can't protect us (which is what governments are supposed to be doing in the first place), perhaps it's time to strike back in the same way that people have always struck against those who would control them, the tyrants. Protest as all of those who would be oppressed have finally been forced to, and force the hand of your master -- by any means necessary.

      Not that I'd advocate violence -- government and the TV say it's bad, so it must be. So, don't think in that direction. Go about your day, smile about your $20k in stock options and your car and your existance. Don't care if your kids are being raised with corporations controlling their schools, or if all your news comes from the same parent company. Ignore the fact that money is speech, and politicians are bought and sold. At least you can barbeque on the weekends and buy expensive little scooters for your 1.5 children.

      Apathy is just so conveniant.

      ----

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
  178. This pisses me off... by JoeShmoe · · Score: 4

    It's not like campus police don't have anything better to do. How many rapes and muggings are there in a year?

    And yes because some money-hungry corporation gets a law passed then the already-thin police budgets now have to spend hundreds, if not thousands, of dollars on a professional forensic analysis of some student's hard drive.

    Is this what the founding fathers had in mind when they penned "no unreasonable search and seizure"? You know he won't see that hardware returned until it is no longer worth its weight in scrap metal.

    What if some company passes a law that not tying your shoelaces is a crime? Are the police gonna start prosecuting that one?

    This seems like a breakdown in separation of powers. How many blue laws are still on the books but wholly ignored by the police? Laws about sodomy come to mind, or spitting on the Sabbath. Sure, the legislative branch handed us this piece of crap we call the DMCA, but I blame the executive brance for becoming a private army at the beck and call of corporations. If I was a police chief and some company called to complain about a kid sharing music...I'd tell them to take a number and where to stick it.

    Feh. Just my two cents.

    Still, makes you want to go install Scram Disk as soon as possible.

    - JoeShmoe

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -=-=-=-=-=-=-

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    1. Re:This pisses me off... by Drestin · · Score: 1

      No, it's not. The 5th Amendment would kick in when someone asks him: "Are you bootlegging copyrighted music?" - he could plead the 5th. (Cause if he said "No" and was found guilty, they would add perjury easily). That's where the 5th comes in. Another example: "We have a search warrant for your house, give us a key." No. "OK, we're going in anyway (crash) AND you are charged with obstruction of justice. Feel victorious now?" waaaaaaa!

      Don't like a law, try to have it overturned. But, fighting by disobeying the police and judges is a very hard way to fight. Not impossible but you had BETTER *KNOW* you are right! Civil disobedience has failed far far far far far far far more often than it's succeeded in history. Are you THAT sure that stealing music is legal?

    2. Re:This pisses me off... by weezel · · Score: 2
      Is this what the founding fathers had in mind when they penned "no unreasonable search and seizure"? You know he won't see that hardware returned until it is no longer worth its weight in scrap metal.
      I think advertising that you have 40 gigs of copyrighted music and movies available for free distribution is pretty good cause for search and seizure.
      What if some company passes a law that not tying your shoelaces is a crime? Are the police gonna start prosecuting that one?
      Copyright laws are laws of the federal government, they can be changed if enough citizens don't like it. Your opinion is not the majority opinion no matter how loud you bitch about it.
      It's not like campus police don't have anything better to do. How many rapes and muggings are there in a year?
      ...
      How many blue laws are still on the books but wholly ignored by the police? Laws about sodomy come to mind, or spitting on the Sabbath.
      Now I see! Selective enforcement is ok as long as the police check with you first.

      If you want to rant about the tyranny of corporations, try to edit out some of your stupider paragraphs before you post.
      --
      EOF
    3. Re:This pisses me off... by Captain+Derivative · · Score: 3

      Is this what the founding fathers had in mind when they penned "no unreasonable search and seizure"?

      Could you please explain what you mean by "unreasonable search and seizure"? I would assume that the university had logs of his Ethernet usage. He was probably sucking up a lot of bandwidth running the FTP server and advertizing it over the Internet. That'd be a red flag if I were monitoring usage of my network. Remember, the connection is the university's property, not the student's.

      Also, if OSU is anything like my university, you have to agree to some TOS before they give you Ethernet access. I'm sure there was a clause in there prohibiting using your connection to commit copyright infringement, especially serving illegal MP3s [0] and movies. Heck, technically you aren't supposed to use it for anything but academic purposes, but most if not all universities non't care too much about what you download. Running a server, though, is another matter entirely. So, he would be in violation of school policy.

      If they didn't confiscate his computer, how much do you want to bet the student wouldn't have immediately deleted all his MP3s, his FTP server, and use something to continually wipe his free disk space until he was investigated? You can't allow someone suspected of violating the school's policy to have direct access to the evidence!

      Oh, I forgot though, pirating MP3s etc. is *good* because it screws The Man. But make software that allows you to violate the GPL and you get crucified.

      [0] Note that I'm not saying MP3s themselves are illegal. However, I'm willing to bet he didn't have permission from the RIAA or the artists themselves to offer those MP3s to anybody and everybody.


      --

      --

      --
      The real Captain Derivative has a Slashdot ID.

    4. Re:This pisses me off... by mikpos · · Score: 2

      Actually, no, the reason copyright laws exist is because the majority of elected representatives support them (or did support them at the time they were written). A small majority of American people actually vote, and those who do are usually voting against someone as opposed to for someone. The claim that the majority of American people support the idea of copyright could be true, but it's impossible to know for sure right now.

    5. Re:This pisses me off... by weezel · · Score: 1

      How about "the majority of the american people don't care"?

      Saying that laws are unfair becuase you or your neighbor failed to vote is just a cop out. The solution is to actually get off your ass and do something (besides whining on \.). Democracy isn't easy.

      --
      EOF
    6. Re:This pisses me off... by JoeShmoe · · Score: 2

      Oh I see, so running Shoutcast or Napster won't get your computer seized but doing it over any other protocol like FTP or DCC will?

      Should the government be able to SEIZE your computers for violation a corporation/school TOS agreement? Imagine how happy that would make AOL if they could have the police grab the computers of anyone who used the word "dick" in a chat room.

      I agree that if someone is abusing bandwidth, there's no reason the university should stand for it. The letter from RIAA should have gotten his connection yanked and that's that. If the university wants to block Napster so be it, but do you see how this has gone completely beyond that?

      This kid didn't have permission from RIAA or the artists to offer those MP3s to anybody but neither does any of the million or so people on Napster who are doing the exact same damn thing only on different ports with the Superior Court's blessing (for refusing to shut Napster down).

      That's what pisses me off. Everyone who has read a paper in the last year knows that the whole status of file sharing is up in the air so I think it is appalling that an under-budgetted police agency would waste one thin dime prosecuting this nonsense when the higher courts could turn around and declare non-commercial file sharing to be legal.

      Software piracy has a clear history. But music "piracy" if you want to call it that does not and this is the first time that I've heard of someone facing criminal charges for doing something that hasn't really even been defined as a crime by the court system.

      God help us if the police departments decide that spreading MP3s is consider "trafficking a controlled substance" ...which from the quote sounds like the exact path this is headed. Then in states like LA and CA they'll be all to keep all the wonderfully expense computers the seize and resell them to finance their SWAT team's new toys.

      This whole thing makes me sick.

      - JoeShmoe

      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -=-=-=-=-=-=-

      --
      -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    7. Re:This pisses me off... by JoeShmoe · · Score: 2

      So put one box outside the firewall and do all your serving and "questionable actions" from there. Put several backdoors on the box with horribly complicated access passwords that you don't write down. Then when the cops come with the warrant, your lawyer and expert witness can point to BO2K or Sub7 and declared that all the illegal activity could have been done remotely by whoever infected your box. You gaming PC was obviously infected by some Diablo trainer you ran and whoever did it has made me his unwilling victim.

      Reasonable doubt. Why should OJ be the only one to benefit from it?

      - JoeShmoe

      -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -=-=-=-=-=-=-

      --
      -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  179. Re:LEARN TO READ by aphrael · · Score: 1

    my, my, you've got a temper. :)

    What I meant to imply was that it's difficult to believe that someone who pissed the nobility off enough that they held him at spearpoint and forced him to sign the magna carta could have been a good king. At the very least, he wasn't a good politician ...

  180. In fear of the feds! by Anonymous Coward · · Score: 1

    Um, does this mean that the FBI is going to kick down my door and take my computer away? I thought they only did that to child porn people. It's nice to know that illegal MP3s now have the same status as kiddie porn. Isn't America great?

  181. My solution... by flieghund · · Score: 1

    Ever since I read about the computer room "security system" used in Stephenson's Cryptonomicon -- you know, the one that involves turing the doorway into a giant electromagnet -- I have been itching to implement the same thing. Of course, I don't think the apartment manager would like me ripping out the door frame to my room...

    Two questions for discussion: Would a system like the one described actually work as intended -- that is, would it completely wipe the computer? And: Has anyone out there actually built such a system?

    --
    "I came here to kick ass and chew bubblegum. I'm all out of bubblegum." MSE USC APX AIA CSI CASp
    1. Re:My solution... by hengist · · Score: 1

      I attended a seminar by our department's security lecturer, and he (briefly) described the following case:

      The police / FBI / SS / whoever burst into this guy's workroom with a warrant. He immediately pushes himself away from the computer, gets up and meekly stands in the corner while they pack up his machine and carry it off. When they get back to their headquarters, they find that the machine has been wiped clean. Completely. Turns out, the guy had built a big electromagnet into the door frame that was activatd by a pressure switch in the corner.

      So, yeah, it has happend before, but I can't give you a reference for it.

  182. I guess I am the only one who caught CmdrTaco's... by shanelenagh · · Score: 1
    ...veiled gun-control reference. I don't see anyone else mention anything about it.

    Sue the gun manufacturers for shooting deaths. Yeah, that makes sense.

    shane

  183. Re:Yer an idiot by aphrael · · Score: 2

    "Shouldn't you sue the people who wrote his operating system and FTP server?" And if someone sells drugs from their car, should we not confiscate the car, but instead sue the car manufacturer??

    Ah, but by going after the guys who wrote Napster, they're *essentially* going after "the people who wrote his FTP server".

    If it's absurd to go after one, it's absurd to go after the other.

  184. Warrant? by pclinger · · Score: 1

    Did they have a warrant to take the computer? Or did he just forfeit it to them? I would think that since it is his personal property they can't just up and take it. If they did, when did college supervisors become higher than the law?
    --

    --
    /. editors made it impossible to link to file:///c:/con/con in my sig. Please just type it in
  185. Electrons... by dillon_rinker · · Score: 5

    In related news, the student's body was stripped of electrons, after a schoolmate pointed out that it was theoretically possible that he was storing infinite numbers of MP3s in them.

    "It was a real tragedy," admitted Everett Eaton, public safety director at OSU. "Fortunately, I was across town at the time, so I wasn't caught in the blast as the resultant plasma explosion wiped out half the campus, leaving the remainder a radioactive wreck that won't be fit for human habitation, let alone study, for about 50,000 years. The boy did not survive the procedure, of course, but do the crime, do the time, I always say."

  186. Hmm... by BJH · · Score: 2

    I love the last line:

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    Sheesh, you'd think he was a crack dealer or something. What I wanna know is why the cops don't seize the servers of GPL violators, if they're so concerned about copyright violations ;)

    On another note, am I correct in recalling that the police in the US aren't allowed to seize a TV from a residence because it's the main method for obtaining public information? Would there be any chance of getting a ruling like that on PCs? (God knows I get a lot more information from my PC than I do from my TV...)


  187. "Chat rooms"? by AndyChrist · · Score: 1

    If this is some private web-based chat, GOOD! Those all invariably suck! If it's IRC, anyone know what network the RIAA is lurking around in most?

  188. bzzzt wrong.. by Vermifax · · Score: 1

    The manager of systems support was full of it. My computer does not become the property of my isp every time I dialup.

    Vermifax

    --

    Vermifax

    Logout
    1. Re:bzzzt wrong.. by b0z · · Score: 1

      A college is not an ISP...it is like a crossroads of being an adult and a minor. They take away a lot of your rights as an adult, because they are kinda responsible for you. The difference between you and your ISP is that you connect to your ISP. You do not take your computer there, then give them permission to take it. When you live on campus you sign away a lot of your property and privacy rights, even though you probably don't realize it. They have their own rules that the real world doesn't have to deal with. It's very big brotherish, but if you don't like it, there are few alternatives to get a degree.

      --
      Mas vale cholo, que mal acompañado.
    2. Re:bzzzt wrong.. by Lacutis · · Score: 1

      Now, IANAL here, but I'm 99.9% sure that you CANNOT legally sign away some of your most basic rights. Like property rights. I'm also pretty sure that staying in a college dorm falls somewhere inside the Landlord/Tenant laws that vary from state to state.

  189. This wasn't just some kid with a Rio... by Speare · · Score: 2

    We're not talking about someone with a few dozen, or even a few hundred MP3s, from his personal collection.

    The computer they confiscated allegedly had, even in this day, a large amount of storage (40 Gigs of content was shared, more than 100 Gigs installed). You don't buy 100 Gigs just to keep copies of Encarta available.

    The student allegedly made regular requests to the users of his system to send any songs that he wasn't already offering. If he were making the request to fill in a few blanks, like "I haven't heard that new Smashing Pumpkins labelless vinyl, send me some," this wouldn't be seen as a piracy enterprise.

    Though his school doesn't block Napster, the school does have a duty to check into allegations made about its students actions, if they're potentially legal. If they didn't, the school would be complicitous, or worse, an accomplice, to any actions proven to be illegal.

    Remember, the word alleged means that a claim of guilt has been made, but not proven. That's why stuff gets confiscated in the investigation phase of a criminal case, to use as evidence in the case. If charges are pressed, then he'll face the courts, and that evidence is used against him. If he's found guilty, it will be the elected judge (and jury if selected) that sentences him. If he broke the laws, it was laws passed by elected legislators and executives.

    --
    [ .sig file not found ]
  190. Re:Civil disobedience in the information age by Wansu · · Score: 1

    If you don't like the laws that are being made, buy your own, or start a lobby group, or vote Nader, or do anything except claim that your desire to get music for free is some sort of noble cause.

    Lobby group costs too much. Laws cost even more. Voting for Nader won't fix this. What the RIAA is doing ain't exactly noble. What you're essentially telling the previous poster is, "shut up".

    --
    Wansu, th' chinese sailor
  191. Re:Actually they wouldn't be sharing anything by CmdrTHAC0 · · Score: 1

    There are things more important than money, and there are actually musicians out there that realize this.

    Shouldn't we let the musicians decide how they want to try and live, and not have the masses dictate it for them?
    ___ CmdrTHAC0 ___

    --
    __CmdrTHAC0__
    In Soviet Russia, Spanish Inquisition doesn't expect YOU!!
  192. Re:Don't get confused... Think for yourself. by timster · · Score: 2

    Nope nope. The DMCA does not say that I am not allowed to USE a device that circumvents a measure restricting access to a copyrighted work. It says that I am not allowed to traffic in or distribute such a device. Big difference.

    --
    I have seen the future, and it is inconvenient.
  193. Re:Don't get confused... Think for yourself. by Orgasmatron · · Score: 1

    Irrelevant actually. CSS isn't a protection measure, no matter how much they claim it is. If we are going to allow them to claim whatever they want as protection, they could write "Do not copy" on the disc with a pencil, call it protection, and thereby render criminal all those who traffic in or distribute pencil erasers.

    --
    See that "Preview" button?
  194. Re:Civil disobedience in the information age by Jeff+DeMaagd · · Score: 1

    Sharing copyrighted music was until rather recently only illegal if there was a profit involved

    I think I forgot about that, but the case I can think of was related to software. I don't know how similar it is. It was pretty much a loophole because they didn't think of people doing wholesale copying without a profit motive, something that didn't happen until the BBS days IIRC.

    Now, copying for others without a profit only limits your liability.

    I believe the Berne Convention was the treaty that did that in, or at least started that change, signed in 1976 I believe.

  195. Re:Civil disobedience in the information age by Wansu · · Score: 1

    If we want our way we must protest in a responible, and effective manner. Remember that at the Boston Tea party the point was to refuse to take the tea on the King's terms. Rather than steal the tea, it was tossed into the harbor. The one man who tried to steal some tea, was stripped naked and sent home.

    That "protest in a responible, and effective manner" culminated in a war. Are you ready to fight?

    --
    Wansu, th' chinese sailor
  196. Re:My ramblings. by karma+vs+Dogma · · Score: 1
    I know that, at the University of Tulsa (also in OK) where I was formerly a student, the cops there were usually either ex TPD or off-duty cops. And the University had their own "Security" people, but they had about as much authority as mall cops. They even had flashlights and stuff :)

    --
    -Man cannot survive except through his mind. --Ayn Rand
  197. What? by Greyfox · · Score: 1

    And miss the chance to piss more oregonians off? No way!

    --

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

  198. Re:What's up with Taco ? by Steveftoth · · Score: 1
    Hey, this is funny!

    Really funny!

    I'll even use a lame acronym to describe how funny this is.

    ROTFL

    :p

  199. GPL'd Music? by Dan_Yocom · · Score: 1

    Why don't musicians distribute their music under GPL type license or somthing like that? It could be downloaded for free, but if you get it for them you get a jewl case and lyrics printed on glossy paper!

    1. Re:GPL'd Music? by Tom_N · · Score: 1
      GPL would let you modify the song, and redistribute the modified song, or sell it, or sell the original song -- as long as you provided the original song or a pointer to it. Most musicians wouldn't want to go that far.

      On the other hand, a number of independent artists at MP3.com let you download some of their songs in MP3 form for free. You can also order CDs from the site, which is a convenience for some songs, and the only way to get others. Unfortunately, the CDs are made from 128 Kbps MP3s (boo!), but the idea is good even if their implementation has a little ways to go. (It's been improving; they now have things like cover art and spine labels!)

  200. "Substance" distribution? by edp · · Score: 1

    What the heck is this:

    • "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    Eaton, OSU's "public safety director," is using drug-war terminology about intellectual property? People who distribute music are like drug dealers?

  201. This kid was lucky! by alacrityfitzhugh · · Score: 1

    Lucky he didn't do jail time.

  202. Still the ultimate truth about MP3 by Penis+Elephant+Guy · · Score: 4
  203. perhaps we go about this the wrong way... by ddent · · Score: 1

    has it occured to anyone but myself that the reason they did this (and I seem to recall them saying they'd target a specific individual within the next 12 months) to scare people?

    Therefore, by /. posting this article, I believe that they are (unintentially) _helping_ the RIAA!!! :(

  204. quit saying that "mp3's are illegal" by TheGratefulNet · · Score: 2
    Mp3's are still "illegal"

    the grateful dead shows that I have are completely sanctioned by their owners. as long as I trade shows that I (or some other non-profit hobby taper) taped, there's absolutely nothing illegal about sharing these tapes as mp3's. this is merely one example (sufficient to show just 1 counter-example..) of how your above statement is wrong.

    commercial recordings are another matter; distributing them is currently held to be illegal (or some level of badness; I have a problem with the word illegal used in such a harmless thing as trading past performances saved as files)

    but when you record your own sound,music or when the owner of that sound,music declares the work 'public domain and not-for-profit', trading such mp3's is most certainly 100% legal.

    --

    --

    --
    "It is now safe to switch off your computer."
  205. You just explained the reason. by bkosse · · Score: 2

    Just because something can be used illegally does not render that item illegal, particularly when that item can also be used to distribute "speech." It doesn't matter if there is a way to combat it effectively or not, Napster is not inherently illegal. You have admitted this already. Since Napster is not inherently illegal, nor is the use of Napster sufficient or necessary for you to be partaking in an illegal action, there is no reasonable standing to demand it be shut down.

    --
    Ben Kosse

    --

    --
    Ben Kosse
    Remember Ed Curry!
  206. Priorities by mgoyer · · Score: 4
    There was an article from way back in May. Here's a quote from the article:

    Within the next four months, a student or "other individual found downloading illegal MP3 tracks" will go to jail "as a clear signal that piracy will not be tolerated in the US."

    So my question is, do American jails have enough room for 20 million pirates?

    Matt
    Fairtunes

    1. Re:Priorities by weezel · · Score: 1

      It's the United States... we can build more jails. We're good at it.

      --
      EOF
  207. I submitted this story last night. by TrickyRick · · Score: 1

    I submitted this story last night but didn't get any credit for it.

  208. Yer an idiot by dodgedodge · · Score: 1

    "Shouldn't you sue the people who wrote his operating system and FTP server?" And if someone sells drugs from their car, should we not confiscate the car, but instead sue the car manufacturer??

  209. Finally, the right thing! by sjames · · Score: 2

    Finally, the RIAA is acting within it's reasonable rights. What we need is more of this, and an end to fighting technology tooth and nail and demanding a zillion special hardware based locks.

  210. Re:im going to violate the GPL tonight by M3shuggah · · Score: 1

    I'm astonished that his disclaimer on this do0ds site didn't work for him. :)

    Ex. <i>Welcome</i>... *yadda*yadda*...<i> don't sue me</i>... *blah*blah*...<i> unless I have given you an account personally, you do not have permission</i>...

    These younger administrators place their legality in this phrase. I wouldn't be surprised if they gave away their first born in a disclaimer.

  211. Its about time the riaa was put to sleep by steak · · Score: 1
  212. How many times must I buy recording............... by zakezuke · · Score: 1

    There is another issue that isn't being addressed here.

    I have Moody Blues "Every Boy Deserves a Favor" on 8track, on Vinyl, Cassette, and CD.

    How many times must I buy it before I am granted the rights to play the music. Am I required under the current record recording EULA.

    Am I required to purchace another copy as soon as a new standard comes out. What must I pay before I am grated the right to backup somthing I purchaced on CD. If I own it on cassette, am I required to purchace it on CD?

    MP3's are great because music I own on non-cd formats can be downloaded and played into the ground without wrecking the origional.

    At about $12-$15 a pop when it's new, over the past 20 years this would me thousands of dollars.

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  213. Drugs = MP3's? by GnrcMan · · Score: 2

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    Geez, that quote makes him sound like he was running a meth lab or something.

    --GnrcMan--

  214. Re:Actually they wouldn't be sharing anything by Beatbyte · · Score: 1

    Yeah like let them dictate how we live.

    No mp3s. Bad bad computer. Eating away at profit margin. Destroy Napster.

    Hey why are they boo'ing me at the MTV VMA?

    ......
    Either way, if you download an mp3 from an artist its usually to check it out. Not to make duplicates upon duplicates of entire cd's.

    Just think back to the last time you went to the music store. All those cd's you don't know what they are, you're not buying them at all. Now if you had a song or 3 from them, maybe you'd purchase some of them.

    I just think it puts a lot of pressure on artists to put out good work instead of shoving it as hard as they can down our throats (MTV/Radio).
    As opposed to here (View by choice Internet)

    my thoughts exactly....

  215. His operating system vendor? by Old+Wolf · · Score: 1

    I'm sure he would have been using Linux, if it had the capability to play the material he was distributing

  216. Re:The sarcasm went right over your head. . . Did by sbergstrom · · Score: 1

    Okay, let me qualify my statement. Nobody I know uses it for legal purposes. Maybe Michigan is filled with law-breaking citizens (as are all the geographic locations of the people with whom I'm spoken through the Internet).

    --

    Love, Stu
  217. Hereson Bergeron by Cytlid · · Score: 1

    Remember that story? For those who don't, basically its the future and the government makes everyone "equal". If you're strong, you are weighed down by weights. If you're attractive, you must ware a hideous mask. I'm not saying MP3s are legal or moral, everything in this instance was done by the book. But the world is changing, and its time to rewrite parts of the book. I think its time for some serious political/legislative reform when it comes to how technology is handled. If the laws that rule the land cannot keep up with the pace of how fast technology is changing, we're going to see more of these situations. Like someone mentioned earlier... if they confiscate everyone's computer who is distributing MP3s, do they have someplace big enough for millions of PCs? Also... is it just me or is everyone out for blood when it comes down to money? The recording industry makes scads of money. If they eliminate all illegal instances of mp3s in the world, they would make even scads more (which is what they really want, you can never have enough money.) But on the other hand, if everyone in the world had strictly illegal mp3s and never bought cds, then there would be no more music industry, and no more commercially available music, right? There has to be some middle ground where a compromise can be attained. As in music would be more (legally) free than it is now, and the industry would give up maybe just a small fraction of that chunk of money that exsist in their pipe dreams. I think we need to let M$ and the RIAA and the MPAA know that the meaning of life isn't really "He who dies with the most money wins."

    --
    FLR
  218. Civil disobedience in the information age by David+Jao · · Score: 5
    This is not exactly a major world issue -- it largely deals with students who don't care to pay for music.

    It starts becoming a major world issue when record and movie companies buy laws such as the Digital Millennium Copyright Act which say that I cannot even listen to SDMI music or watch DVD movies except under their terms.

    It's a major issue that even if I have the technical skills to circumvent their restrictions, I can't utilize or publicize those skills for fear of turning into a Jon Johansen.

    It's really a major issue when a judge dictates to me that I can't even post a hyperlink to a file named decss.tar.gz (as in the Kaplan ruling), just because it might constitute contributory infringement.

    I'd like to change the laws within the system if I could, but at this point our so-called democracy is so corrupt with corporate influence that frankly I don't have much chance of achieving anything legitimately.

    1. Re:Civil disobedience in the information age by G27+Radio · · Score: 2

      It starts becoming a major world issue when record and movie companies buy laws such as the Digital Millennium Copyright Act which say that I cannot even listen to SDMI music or watch DVD movies except under their terms.

      I don't think I'll be buying many CD's anymore precisely because of this. It's become a choice between evils. The lesser evil is piracy. The greater evil is funding the RIAA's (and MPAA's) efforts to amend our constitution.

      The money the RIAA receives from CD's we buy is hurting freedom and music. Yet I intensely love music. It's really very sad.

      numb


      If you pirate MP3's / on the Internet / we will hunt you down like dogs / and fuck you till you're dead.
      --Nutty McShithead, Recording Association for Popsong Economics

    2. Re:Civil disobedience in the information age by AdamHaun · · Score: 2

      The fight over CSS is due to the fact that if you don't buy an "approved" player, you can't use products *that you paid for*. DeCSS is not about piracy, no matter what the MPAA wants us to believe. Don't add more confusion by trying to link DeCSS and Napster--they're different ends of the spectrum.

      If you don't like the laws that are being made, buy your own, or start a lobby group, or vote Nader, or do anything except claim that your desire to get music for free is some sort of noble cause.

      --
      Visit the
  219. MP3s are controlled substances? by hkeith · · Score: 1
    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    Amusing language... are mp3s "controlled substances" now? Are they on the Schedule I list?

    -hk

    --
    Therapy is expensive. Bubble wrap is cheap. You choose.
  220. But who are the experts? by mi · · Score: 1

    It is ridiculously easy to confiscate someone's property even in this country. All the campus police had was a search warrant. Are we to trust police to be able to distinguish between, say, anti-government songs and stolen copyrighted music?

    --
    In Soviet Washington the swamp drains you.
  221. Re:Actually they wouldn't be sharing anything by CmdrTHAC0 · · Score: 1

    No mp3s. Bad bad computer. Eating away at profit margin. Destroy Napster.

    That's what the RIAA is saying, but not all artists agree.

    Just think back to the last time you went to the music store. All those cd's you don't know what they are, you're not buying them at all. Now if you had a song or 3 from them, maybe you'd purchase some of them.

    I usually avoid buying anything.

    More to the point... I'm officially for Napster and the artists, and against the RIAA and the attitudes of some of the /. posters.

    Napster is good because it promotes sharing. Sharing in real life (need bigger HDD... grr) has introduced me to Shadow Gallery, Dream Theater, Liquid Tension Experiment, James Galway, and Joe Satriani (wrt JS, earlier is better... "Engines of Creation" blows!)

    The artists are good because they produce the music.

    The RIAA is bad because they end up making retail charge $40 for a couple of CDs (Rush: Chronicles) to make a profit.

    The attitudes are bad because they don't agree with mine. I'd prefer to bang my head against the wall than read anything else saying, "I'm not taking anything. There is no less after than before I listened." (Anybody that says that should compare the money they make selling their code with that of giving it away.) The list goes on, but I'd rather not ramble.

    I just think it puts a lot of pressure on artists to put out good work instead of shoving it as hard as they can down our throats (MTV/Radio).

    Good point... pretty soon we can replace the artists on these media with the automated songwriting programs featured in _1984_.
    ___ CmdrTHAC0 ___

    --
    __CmdrTHAC0__
    In Soviet Russia, Spanish Inquisition doesn't expect YOU!!
  222. Clear Message, Fuck Oklahoma! by FashionTech · · Score: 1

    This sends a clear message FUCK OKLAHOMA! They've arrested a student for running a web server and other students for running a cat 5 cable. FUCK OKLAHOMA STATE! I believe all faculty with a conscience should quit and the students should withhold all payments to the school immediately. FIGHT FIRE WITH FIRE (courtesy Lars I'mRich)

  223. Re:If the campus has rules... submitted a report by catch23 · · Score: 1
    Let's hope the OSU police catch this criminal in the computer lab!

    Form Confirmation

    Thank you for submitting the following information:

    Type: Other
    Area: Other
    Location: it was in a computer lab
    Time: 9-16-2000
    Suspect_Name: it was a student
    Name: John
    Phone: Doe
    email: (404) XXX-XXXX
    Information Sent: Send Information to the OSU Police

    Crime_Details

    I saw a student download mp3s from a website.

    Description

    about 5'10". Had brown hair and was wearing a t-shirt. He also wore shorts.

    Other

    He was downloading Metallica and Dr Dre mp3s.

  224. Re:Don't get confused... Think for yourself. by Tom_N · · Score: 1
    "It starts becoming a major world issue when record and movie companies buy laws such as the Digital Millennium Copyright Act which say that I cannot even listen to SDMI music or watch DVD movies except under their terms."

    Don't buy the product if you don't like the licnese. It's morally wrong for you to tell others what they should do with thier own property.

    Under the Constitution, the information content of published music, movies, or other works is not the property of the publishers, but of the people. Copyright is an arrangement where the public temporarily restricts its own rights, to a limited extent, to provide an incentive for authors to create more works that will benefit the public. It is not a recognition of any "natural property right", and your term "their own property" thus goes against the Founders' intent for copyright, and 200+ years of law.

    As for copies of music, movies, or software that I purchase over the counter, those are my private property, and it is morally wrong for publishers to try to take away the rights that I have under common law and copyright law as the owner of a legitimately-acquired copy of a copyrighted item.

  225. Re:If the campus has rules... submitted a report by Yardley · · Score: 1

    LoL! I hope we get some more submissions.

    --

    --

    --
    He lives in a world where those who do not run the client software of the omnipresent meme are unacceptable.
  226. CmdrTaco, you don't "get it" by VAXman · · Score: 1

    This doesn't make any sense: why would you go after this kid? Shouldn't you sue the people who wrote his operating system and FTP server? *cough* *cough*.

    You should be truly embarrassed to post such FUD on your web server. The RIAA has never gone after a product (since Diamond Rio); it has only gone after services. Napster is a service; although it has a program to interface with it, the thing being targeted is the service (the server which maintains the name queries), and not the program. Likewise in this case, they are not attacking the protocols or the products (OS software, FTP server), but the operator of the service (the student).

    It is extremely offensive for you to suggest that the RIAA has a history of attacking products and not services. This is simply not true. The RIAA has never gone after anyone who wrote software implementing a protocol or an operating system.

    What's even more scary is that this distinction was clearly spelled out in both the RIAA legal briefs (which were posted on Slashdot) and Judge Patel's initial decision (which Slashdot chose to censor). Do you even read the links that are posted and submitted to you, or just the headline?

  227. Distributing Linux with out permition? by Felinoid · · Score: 1

    Excuse me? Isn't that like paying for music with out permition?
    Linux is liccensed to be distributed as widely as posable...
    I guess it is posable to distribute Linux with out permition (binary only... and changes to code with no source provided)
    Just as it is posable to buy CDs with out permition (Buy black market CDs instead of CDs made by the recording company) but it's not very likely to happen...

    In my view it's less a problem that this one kid got cought and more a problem that ONE kid got cought.. not 1,000...

    More effort is put into Napster than is put into hunting down pirates..

    This one kid had put such a massive demand into his FTP server (from the comments it seems stuff you don't find on Napster or in the stores for that matter) that the RIAA couldn't ignore it.
    He attracted such attention he'd have his connection pulled one way or annother.. Illegal or not...

    How would it look if the RIAA ignored this kid?
    But they do in effect ignore the vast majority of such FTP sites...

    They do want to protect revenue stream..
    From the comments it seems the music industry realises the full potental of Napster and knows that if Napster were allowed to develup on it's own unhindered the music industry themselfs couldn't provide a similer service and compleate on FAIR MARKET...

    Basicly in my view the RIAA should go after people like this kid far more often than they do..

    --
    I don't actually exist.
  228. Now he's a drug dealer... by connah · · Score: 1

    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing." Hehehe...Now the guy is "distributing substance".

    Connah

    --

    Connah
    "Your mouse has moved. Windows NT must be restarted for this change to take effect."
  229. Taco... What an idiot you are!!! by yzquxnet · · Score: 1

    In a way... I agree with you in wondering why this just this kid. Makes me kinda wonder. But maybe they figure it might set precident. But I totally disagree with going after his OS maker and FTP software writer. That is just plain DUMB. That's like saying, Microsoft/*nix/OS/2/Sun/etc made me do it. No one made him violate IP laws. He made a consious (spelling?) decision to. He chose to distribute mp3's. There were no evil hate rays coming from Bill Gates Eyes. It's the kids own damn fault.

    Lately taco, You've missed the boat on quite a few stories. Come on, get back in the game. Think.

  230. My ramblings. by mindstrm · · Score: 2

    Several thoughts come to mind.

    1) Well, it IS illegal.. and he WAS doing it... so what's the big deal?

    2) Campus police.. are they 'real' police? Can they sieze things? (I honestly have no idea.. someone fill me in?)

    3) For all our wonderful 'technology', the stuff we use to do MP3, the stuff we think is 'revolutionary' and should be used.... we all too often overlook encryption. 2 things could perhaps help this guy. If his HD was encrypted (or at least the relevant portions), he would be in better shape. Strongdisk, for instance, has a nice feature where you can set up ghosted emergency filesystems such that if you supply one password, you get the real one, if you supply the 'emergency' password, you get the fake one, destroy the original, etc. This idea could be expanded on greatly..

    3) Encrypted/authenticated sessions. You know what? Look at big warez sites these days. THe passwords don't get just 'handed out' all over. IPs are filtered, connections are proxied, and you don't get it unless you are part of a group, or 'know' somebody. WHy? Because what they are doing is illegal. Sharing mp3 should follow similar rules.

    4) Hmm. What if 3 friends and I all get together and decide to have a 'shared' music collection online, that only we four have access to, so we pool all our stuff together.. is this illegal also? Should it be? I mean, if we all lived together, we could share a CD collection...

    5) Secure comm protocol. We need a way to archive, database, and share files in a secure manner. Authenticate that the person who grabbed them had a right to do so; that traffic should be encrypted. IT also needs to employ some sort of.. damn. I forget the word. Deniability? No.... that feature of cryptographic communications that would prevent a third party from proving that a transaction ever took place? We need that.

    1. Re:My ramblings. by david+duncan+scott · · Score: 1

      1)'Bout time, if you ask me.

      2) Here in MD, the police at a state school are yes, real police. Private colleges I dunno -- I'm guessing they're Keystone Kops.

      3) Might help him, not likely it would save him. If the Powers can d/l an illegal file, then they've shown that he's distributing illegal files. Having other files is icing.

      3) My other brother 3?

      4) Good question. I'd overlook it, anyway. Erol's was originally a private club whose members purchased video tapes and held them in a common library, and then membership became very easy to get, and then they simply became a rental agency. Something along those lines might work, except that people insist on "sharing" copies. You and your buds might pass around a CD, or mail the disk to one another, but that's different from making dupes for each other.

      Borland used to do it very well in their EULA. They compared it to a book -- loan it to a friend? Sure. Take it home and read it there? Sure. Xerox it so you and a friend can both use it at the same time? Wrong, and you know it's wrong. Let your friend buy a copy.

      5) Sure, but there'd still be old-fashioned police work --undercover agents, or the ever-popular drop-a-dime-because-you-were-looking-at-my-girlfri end, or roll-over-on-your-friend-and-we'll-be-nice-about-t he-pot-bust. What the hell, 90% of police work has always been about people, not forensics.

      --

      This next song is very sad. Please clap along. -- Robin Zander

  231. Hear ye, hear ye, hear ye! by JoeShmoe · · Score: 2

    ~~~~~~ WANTED ~~~~~~~

    The evil, dreaded BARD ARTURUS OF RHODES.

    For the crime of singing the song "Oops, ye didth it again" in the Olde Tavern of Havernook on the morn of the fifth day of the eleventh month, without remittance of expected royalties to His High Lord the Duke of Media.

    Offered reward of 1000 gold pieces.

    Known to be travelling in the company of Robin of Locksley (a.k.a. Robin of the Hood). Reward for incidental capture of Locksley shall be an additional one hundred pence.

    ~~~~~~~~~~~~~~~~~~~~~~

    Don't laugh, if RIAA develops time travel this is how the story will go. And Disney will make an animated feature about it where Bard Arturus is hung and all the kingdom rejoices.

    - JoeShmoe

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= -=-=-=-=-=-=-

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  232. OSU Strikes Again.. by Quazi · · Score: 1

    Remember the fella who stole internet access by running a CAT5 cable from a hub in a storage closet to his computer in his dorm room? (I was there to see that.) Now this.

    OSU NEWSPAPER ARTICLE:
    http://www.ocolly.com/issues/2000_Fall/000914/st ories/computer.html

    THIS guy lives in Willham Hall, which just got wired for network access this past summer. Willham is one of the Freshman dorms, and Freshman are stereotyped to go absolutely nuts with the Internet. That's why the university was reluctant to have the building hooked up. (I used to live there three years ago. All we could use on the PBX phone system were defective external 9600 baud modems.)

    ACTUALLY! Because the university built (and are still building) new on-campus apartments (http://www.reslife.okstate.edu/pictures/new/new.h tm), they were saying that entire Willham complex would be demolished in three years! ..but that fizzled, and now they have internet access.

    Here's a pic for refrence:
    http://www.reslife.okstate.edu/suite/18.jpg
    The new building down in front are one of the new apartment complexes, the two highrises in the back are the Willham complex -- the closest one is the men's dorm (where all this news is happening!) Maybe they decided not to demolish Willham because the new apartmenta are FIFTY FEET AWAY! Therefore, a construction/demolition problem led to the university giving into demand and installing internet access, which when combined with hyperactive Freshmen, led to the RIAA crawling up OSU's ass.

    As for the ZDNet article, I like this quote:
    "We're doing some forensic review of the hard drive and determining what is there," Eaton said. "After we finish that review, we will evaluate the amount of substance he was distributing."

    All I can think of when they say "Oklahoma Forensics":
    Jimbo: (browsing through 'My Documents/My Pictures') "Hey Bubba, check out the tits on this chick!"
    Bubba: "DAMN! I ain't seen tits like that since we sold that one heifer, Suzy. ..WAIT! That IS Suzy! (*spank* *spank* *spank*..)"

  233. unquestioning obedience of laws by David+Jao · · Score: 2
    It's morally wrong for you to tell others what they should do with thier own property.

    I claim no property rights on the content of a DVD disc, but I assert full property rights on the material the disc is made of. If I have the technical skill to play back the material with my own computer (not copy, just play back), this act should not be illegal, as it currently is.

    To illegalize this act amounts to the record company telling me what I can and can not do with my computer and my plastic disc, which is exactly the thing that you decry as morally wrong.

    Don't break the law, and you'll not have any problems. It's a slippery slope once you have situational morals.

    Slippery slopes are dangerous but sometimes you have to take the risk. With enough skill, you can keep yourself from falling down.

    Unquestioning obedience to an unjust law is just as bad for society as blind disregard for just laws. Our segregation laws would not have improved if Rosa Parks hadn't broken one. Voting alone wouldn't have done it: minorities are always outvoted by a majority.

    I actually agree with the original poster--free music is not on a par with civil rights. However, the issue that matters to me is free speech, and free speech is.

  234. Re:WTF are you talking about? There's no pleasing by Lacutis · · Score: 1

    Actually the article did not say he had 10,000 songs. In fact, it stated that number more for shock value than anything else. The article actually said: "The 19-year-old's computer system--including monitor, keyboard, two CD burners, scanner and printer--was removed earlier this month from his dorm room after campus police determined he was operating an FTP server site that allowed visitors to download MP3 music files and even several full-length movies" And this: "The seized computer gear included 105 gigabytes of hard drive space, of which about 40GB were made available to visitors. Assuming the average music file occupies about 4MB, the student could have had approximately 10,000 songs available for download." Wow, that sentence has the words "Assuming". "average", "could", and "approximately" all together. So in reality, the person has 40 gig of files available. Depending on the format of the movie files and quality, one movie could me anywhere between 300 meg and 1.5 gig. So if the student had 10 movies, which could be several, or even 20. He could have a ton of non mp3 used space. But I digress, the point was, he probably didnt have anywhere NEAR 10,000 mp3's.

  235. you don't seem to "get it" either by InfiX · · Score: 1

    alright mr. "i'm the president of the riaa's personal cocksucking slave," did you happen to notice that the individual student targeted here is also not a service? the riaa may have never gone after software vendors specifically because of their software, but they hadn't gone after individuals before either. their attack plan was against, as you said, the servers allowing the connection between users and subsequent distribution of "their" property. harassing individuals is a new step. who's to say that the next step isn't attacking software?

  236. Taking Down the Pimps: Go Indy, Defund the Cartels by Nightspore · · Score: 1

    Interesting the way the music on the the guy's hard drive was described as a "substance". That's what the RIAA and MPAA are pushing alright - "substances". The big news here is that the media cartels are figuring out (after the FBI laughed in their faces) that they can hide behind chicken-shit, cash-whore universities as a de facto police force and say "oh, are kids going to jail? all we do is send letters".

    I've got nine letters here myself for the RIAA and MPAA: G E T F U C K E D. Your attempted hijacking of internet music and film distribution is doomed -- you're pissing in the Colorado river and asking everyone to start sand-bagging the shoreline. The great fear of the movie and music cartels is that their ten-billion dollar businesses will turn into one-billion dollar businesses. Do your part to help make their nightmare come true.

    Everyone running and patronizing Napster/OpenNap/Freenet/GNUtella/web servers needs to ratchet up the distribution, promotion and consumption of the work of net-friendly independent musicians and filmmakers. Stop buying the shlock music and paying to see the inane films that fund these corporate pimps and their armies of cocksucker lawyers.

    These two cartels, rotten to the marrow, are now exploring crossing the line you always knew they would and are trial-ballooning actually sending you to jail to protect their media distribution monopolies. Don't roll over and take it, turn up the heat.

    Stay Informed:
    http://www.indymedia.org/

    Night