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More Napster Than You Can Shake A Copy-Protected MP3 At

An assortment of Napster news. Napster put out a press release, mirrored below, talking about their plans for the subscription Napster service to include strong copy protection - so you can pay Napster in subscription fees, storage space and bandwidth for files you can't use, and you can transmit them to other people who can't use them either. What a great business plan! The RIAA submitted their proposal for the injunction against Napster - it isn't pretty. Napster may have to block all 2.5 million of the RIAA's songs, as soon as the RIAA can figure out all their names. And Lessig sounds the battle cry for peer to peer - nothing you haven't heard before, but perhaps inspiring nonetheless.

FOR IMMEDIATE RELEASE

Napster Announces Key Building Block of New Business Model Bertelsmann Subsidiary Digital World Services Will Work with Napster to Enable Secure Management of Transferred Files

Redwood City, CA and New York, NY (February 16, 2001) -- Napster today announced progress on the development of a key aspect of the technology necessary to implement a new, membership-based business model supported by the recording industry. The solution, which enables secure administration of transferred files within a peer to peer structure, has been in the works for several months and will be implemented by Digital World Services (DWS), a Bertelsmann subsidiary with extensive experience in innovative digital rights management solutions.

"Today's announcement underscores one key fact: the real questions about Napster's future are economic, not technical or legal. Our alliance with Bertelsmann and the Bertelsmann eCommerce Group was our first important step toward a model that makes payments to artists, songrwriters and other rightsholders. This solution is further evidence of the seriousness of our effort to reach an agreement with the record companies that will keep Napster running, reliable, and enjoyable," said Hank Barry, Napster's Interim CEO.

Barry reiterated that Napster hopes to move to a membership-based service as soon as possible.

The solution the two companies have been working on will maintain the peer to peer structure of Napster, but will allow in the future restrictions to be placed on what can be done with the transferred files, such as limits on the ability to burn music files onto CDs.

"To work with Napster on the design and operation of a key component of its new business model is an extraordinary opportunity for DWS," said Johann Butting, CEO of Digital World Services. "The successful combination of Napster's very compelling user friendliness and popularity with an architecture that addresses the needs of rightsholders will be a very significant step for secure sharing of content over the Internet."

The technology will enable the sharing of MP3 files to which a protection layer will be added as the file is transferred from one Napster user to the other. The Napster client will be enhanced to support this protection. The solution will not use any existing multi-purpose DRM but a new security architecture that is specially tailored to the requirements of file-sharing.

"We are extremely pleased to partner with Digital World Services in bringing together and operating a key aspect of the technology we need to preserve file sharing and build an industry-supported business model. Through this agreement with DWS and the work we have done together to date, the architecture for one important component of our new model is now in place; we are building out this aspect of the system," Hank Barry added.

"We have been working with Digital World Services for several months to design this solution. They really understand the technologies involved and are sensitive to the user experience. We are confident that the new system will allow us to accomplish key goals of the record companies in terms of restricting use, while still maintaining and improving the performance and service levels of the Napster system," said Napster CTO Eddie Kessler.

About Napster Napster is the world's leading person-to-person file sharing community. Napster provides music enthusiasts with an easy-to-use, high quality service for discovering new music and communicating their interests with other members of the Napster community. Napster's software application enables users to locate and share music files through a user-friendly interface, and features instant messaging, chat rooms, and Hot List User Bookmarks. Shawn Fanning, then an eighteen year-old freshman at Boston's Northeastern University, founded Napster in 1999. In October 2000, Bertelsmann AG and Napster announced the formation of a strategic alliance to further develop the Napster person-to-person file sharing service. In January 2001, edel Music and TVT Records joined the alliance. This year, Napster won several Wired Magazine Readers Rave Awards, including Best Music Site, Best Innovative Start-up, and Best Guerilla Marketing.

About Digital World Services Digital World Services provides Digital Rights Management (DRM) solutions and services enabling the convenient use to digital works by making the process transparent for the consumer, retailer and publisher while protecting the owners' copyrights. The company offers clearinghouse services such as rights clearing, financial settlement, and administration of usage information. Digital World Services are experts in the digital delivery of music, content hosting, system integration, project management and distribution platforms. Based in New York City and Hamburg, Germany, Digital World Services is a Bertelsmann subsidiary.

180 comments

  1. It won't work. by localroger · · Score: 2
    OK, for free you get to listen a few times or for a few days. We all know how easy it is to break a system like that, and they are counting on most people being to lazy or computer-illiterate to bother. Maybe they're even right.

    For a fee, which will have to be reasonable (and they seem pretty smart about this part) you get to burn CD's or download to your Rio, but not to email the unencrypted file to your friends. Anybody see the problem here? A CD is the unencrypted file. The most clueless newbie can take this CD, re-rip it, and walla, one unencrypted .mp3 goes right back onto Napster.

    The job is even easier if the fee-paying member downloads it to his Rio, because chances are his Rio requires an unencrypted .mp3 (and they must realize, as they seem to realize re: CD's, that users will not accept a system that requires them to buy new hardware).

    Then of course there are the spoofing and ID problems mentioned by others. Napster cannot use watermarks or music-recognition software because, remember, Napster itself never sees the music file. The music goes straight from my 'puter to yours, without passing through their server, so if I named the file "medieval - king's singers - greensleeves" but it actually plays Jennifer Lopez, how are they supposed to figure that out?

    I don't expect the forces arrayed against Napster to accept their proposal because, clueless as they are, they are smart enough to see how easy this system will be to circumvent. No crypto system has ever lasted long with millions of messages being passed, and it won't be long before someone will build an easy to use bypass and distribute it to 50 million of their closest friends.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
    1. Re:It won't work. by BradleyUffner · · Score: 1
      Then of course there are the spoofing and ID
      problems mentioned by others. Napster cannot use watermarks or music-recognition software because, remember, Napster itself never sees the music file. The music goes straight from my 'puter to yours, without passing through their server, so if I named the file "medieval - king's singers - greensleeves" but it actually plays Jennifer Lopez, how are they supposed to figure that out?
      They can build the watermark checking algorithem right into napster.
    2. Re:It won't work. by rking · · Score: 1

      They can build the watermark checking algorithem right into napster.

      So everyone would have access to the program that creates the watermarks, everyone would have access to the program that checks the watermarks, evryone would be able to take unwatermarked tunes and run them through the system as many times as they chose to analyse the effects... how long would you expect such a system to remain uncracked?

  2. Filename copyright? by really_blurry · · Score: 1

    "If they can figure their names" Does this mean that they will claim copyright on the filenames? If my band is called Sandman and we make a song called Metallica will "Sandman-Metallica.mp3" be blocked because I have used an illegal filename?

    --
    > You've gotta sin to get saved.
  3. Re:Can they fight the haX0rs? by semaj · · Score: 1

    rot13 anyone?

    -

    --
    Meep meep
  4. Re:Can they fight the haX0rs? by wadetemp · · Score: 1

    Then if my name happens to be Springstein and I am trying to promote my new CD on Napster, my music will be blocked? What about if my band's name is Metallic? If they use metaphones, they might as well just give it up. Heck, if they block any music at all, they might as well give it up. Heck, they might as well give it up. Heck, they are.

  5. Re:Uh duh by DrSbaitso · · Score: 1

    If I bought a Beatles album in the 60s do I have to buy a CD to get rights to a song that I already own just so I can hear it with the same quality as the original? There are plenty of instances of fair use where Napster is easily justified as-is.

    --
    beware the jabberwock, my son! the jaws that bite, the claws that catch!
  6. Boycott Time by Crash_Bandit · · Score: 1

    Its time we start boycotting the music companies esp the ones involved in the lawsuit: A&M Records; Geffen Records; Interscope Records; Sony Music; Entertainment Inc.; MCA; Atlantic Records; Island Recording Corp.; Motown Records Inc.; Capitol Records Inc. and not to mention all the other record companies out there. What I would like to see done is a month long boycott of not only the ones above, but all companies that own them and/or are owned by them. I would like to see this boycott take place all during the month of March. No one would buy and music or any of products made by these companies. I would also like to see this boycott not only take place in the USA, but worldwide. Lets take them down and force them to sell CD at a reasonable price. There is no reason we should have to pay 15 to 25 dollars for a CD with one or two songs on it. Another reason for the boycott is that Napster originally, to my understanding, was not about free music, but more about forcing music companies to lower there price and getting people to discover new artists. This is the only way, we'll never get the music industry to lower prices without a boycott. I hope your with me and will tell a friend and email this to other people because this is not about Napster or free music, this is about the greedy music industry ripping off the public with high outrageous prices.

    --
    When you find yourself on the side of the majority, it's time to reform. --Mark Twain
    1. Re:Boycott Time by spankfish · · Score: 1
      There is no reason we should have to pay 15 to 25 dollars for a CD with one or two songs on it.

      then don't do it :-)

      Think about it. If people didn't buy CDs at those prices, do you think they would actually sell them at those prices?

      --

      --

      NO TOUCH MONKEY!
  7. What about the other services? by Otto-matic · · Score: 1

    If the primary argument in the Napster case is that Napster is knowingly allowing the distribution of copyrighted material through their service, why is no one attempting to shutdown services like Hotline or Carracho? I understand that, contrary to these other services, Napster utilizes centralized servers, but the knowing allowance of illegal distribution is still congruent amongst all three.

    Otto-matic

  8. Re:boycot by eostrom · · Score: 1
    I'm more inclined to boycott the bad, and support the good. I just wish the lines dividing the two were clearer...

    Actually it's not that hard to spot the RIAA productions. The RIAA mostly represents five companies: EMI, BMG, Warner Brothers, Sony, and Universal. If you look at the outside of the CD, the name of one of those companies will almost always be somewhere in the fine print. If there isn't, it's probably not a major-label CD, and you should buy it.

    You won't have a perfect success rate:
    • There are smaller labels that are in the RIAA but are independent. You can learn what these are, or you can decide they probably don't deserve your boycott because they're not the ones that hold the reins.
    • There are always changes in the music industry, and you may pick up a CD from a label that was independent when it was printed but has since been absorbed.
    • There are some CDs with no copyright notice on the outside. Most of these are from tiny labels, but some of them might be from major labels.

    But you'll still be right ninety-some percent of the time.

    I'm not, incidentally, taking a position on the morality or pragmatics of an RIAA boycott. (I tend to avoid the major labels, which is why I know how to do it, but I'm not thoroughly consistent, and I do it mostly for non-napster reasons.) But if you want to do it, it's not that hard to do a pretty good job.
  9. Re:Let them block the names... by cpt+kangarooski · · Score: 1
    Can't see how anyone thinks they can enforce digital rights management on the current hardware that is out there and that we all have.

    They can't. But why should that stop them? Quick, does your car have a catalytic converter? $20 says it does. For some strange reason, hardware manufacturers always like to jump in bed on these sorts of projects. All they have to do is stop releasing hardware that's open. Eventually you will need to get and use the new stuff. Maybe b/c your old hardware dies. More likely b/c it can't run any of the new software (which requires the new hardware) or is just too slow, or you can't impress your friends.

    Some people have ten and twenty and thirty year old computers hanging around. But if all new computers were somehow incapable of supporting Napster, it would die, no matter how popular, within, oh, 3-5 years. And as a business they would prefer to attract affluent users, who are precisely the people that buy new hardware every year or less, and who would most rapidly not be able to use it.

    CDR is great. We can all fuck over the RIAA with CDR. Until they switch to DVDA. Or something else. Because we don't have DVD burners. And in fact, they will move heaven and earth to avoid letting us have DVD burners that are compatable with DVDA players, because they learned their lesson. Seen a DAT walkman lately? It was poised to be the next big thing you know. Do you think there will be HDTV VHS? Hell no. Or firewire commerical DVD players?

    Sorry my lad, they don't care about enforcing their little schemes on what we have, because they know that eventually we won't have it anymore. Except for a handful of people who enjoy antiquated systems, and that's small enough to tolerate. Napster was here, now, and popular. An unacceptable threat. And b/c we've foolishly permitted businesses of all kinds - record companies AND electronic companies - to be so large, a boycott of the new stuff will never fly. If every person on /. refused to buy the new media and the new players and never cracked and never backed down they'd basically tell us to go to hell. We're too small. And they're too big.

    I don't think that we should give up, but I do think that we'd all better start working on workarounds, b/c the noose is tightening. What happens when Windows embeds the ID of your Pentium V into every mp4 that you make and emails you a cease and desist letter the second you try to ul it somewhere? We're not all using Linux yet.

    --
    -- 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.
  10. Re:Can they fight the haX0rs? by jmp100 · · Score: 2

    You can calculate a metaphone key. This is a reduction of the word to a more abstract pattern. It's how dictionary.com knows that when you type "thier" you really mean "their".

  11. Re:I'm actually surprised.... by cpt+kangarooski · · Score: 1

    1) It's not stealing. It's copyright infringement. There is a difference. It is not insignificant. (and it is still a matter of some debate as to whether it's even copyright infringement)

    2) Artists do not have the right to be compensated for their work.

    3) But we do grant them the revokable right to be compensated for some particular copy of that work. (otherwise you'd have to give artists money for making stuff regardless of if they sold it! As I'm an artist, I'd appreciate it, but still be against it in general)

    4) Artists only get to have a say in how their work is distributed when THEY sell it. Or if they agree to a contract with someone to whom they sell it as a prerequisite. EULAs pretty likely don't count, given the First Sale principle and the current mixed bag of judicial rulings on the legality of EULAs

    --
    -- 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.
  12. Re:Free Song Archive? by TheMeld · · Score: 1

    While I don't think that it's exactly what you're thinking of, the Kosmic Free Music Foundation is a large repository of Free (speech, beer) music.

    KFMF Website

    -Matt

    --
    -Cheetah
  13. hey by mike+the+camel · · Score: 1

    has anyone ever thought about recording in analog, , , ,theres no way they can digitally tag that.

    1. Re:hey by netik · · Score: 1

      You're incorrect. If they used a watermark technology, they would be able to tag the content, and watermarks work even if you go from analog to digital and back to analog again. They persist through multiple copies, even transmission of the content over a phone line or airwaves.

  14. Re:Song Names by Baddas · · Score: 1
    How long is your song name? Let's see, 5 letters, that's 26^5. Try 2 words. Oops, that's 26^10.

    That's a lot bigger than 2.5 million...

  15. Re:Bad idea; quality loss by kil_666 · · Score: 1

    You have a point but I don't think it is particularly serious - many mp3's are of pretty low quality anyway and the additional quality loss is a couple of orders of magnitude lower than an audio to audio copy. You're intercepting the digital output of your mp3 player [ie the signal it sends to the audio hardware] not the final audio. It's true that redistributing via Napster will keep adding that error back in but the point is that if you get a supposedly "secured" digital media file you can unsecure it as easily as you can play it.

  16. Re:Uh duh by kataklyst · · Score: 1

    Some people own music on older media and wish to listen to it in mp3. Is there some ethical difference between ripping a song off of a cd you own and downloading an mp3 of a song on a casette you own?

  17. Re:What exactly is going to be blocked? by karnal · · Score: 1

    I think one of the real problems with this would be:

    1. This is too complex for an ordinary user.
    2. If there is a program made to "package" and "unpackage" the song in this manner, then it's a good possibility that someone in the 'biz could crack it. Face it, there are some smart people that work for these companies.

    What I see happening is that things such as napster will be driven underground (similar to opennap). However, this will disable the "common man" from just clicking on AOL and grabbing the latest hit.

    Those of us in the know, however, will still be stealing left, right, and center.

    It's such a wonderful world!

    --
    Karnal
  18. Can't burn this to CD? by Calle+Ballz · · Score: 2

    And, depending on the type of membership that the second Napster user has paid for, he or she will be able to do other things with the song -- burn it onto a CD, for example.

    How would they stop you from burning an mp3 onto cd? I assume that these new, protected mp3's can be played in winamp, so how would they stop the "disk writer plugin" that allows you to decompress an mp3 into wav format and burn that wave file onto a cd in cd format?

    1. Re:Can't burn this to CD? by Rahoule · · Score: 1

      How would they stop you from burning an MP3 onto CD? I assume that these new, protected MP3s can be played in WinAmp, so how would they stop the "disk writer plug-in" that allows you to decompress an MP3 into WAV format and burn that wave file onto a CD in CD format?

      WinAmp has a lot of plug-ins that support various formats, but the WinAmp input/output plug-in architecture doesn't seem to be as simple as that.

      The copy of WinAmp I have on my PC at work has an ASF/WMA (Windows Media) player plug-in, but the "Disk Writer" output plug-in doesn't work with it. When I select "Disk Writer", and play an ASF file, the audio comes out the speakers and doesn't go onto the disk -- as if the output plug-in were still "Wave Out".

      WinAmp is a handy player, but I don't view it as being "free music friendly" anymore. Also installed on my work PC is a plug-in for "Mjuice Secure MP3". I don't think that would work with "Disk Writer", either.

      It seems to me that the ASF plug-in (and quite possibly the Mjuice plug-in) send music to the soundcard by themselves, bypassing the WinAmp output plug-in interface entirely. I can remove all the output plug-ins from WinAmp's plug-ins directory, and the ASFs still play. MP3s generate an error: "Can't find output plug-in".

      Thankfully my soundcard has the ability to record its own output, as if has its own "internal loopback", so these "secure" formats can't foil me entirely. However, the loopback has some hiss and a very quiet grating sound that is apparent if you turn up the volume, so there is a significant reduction in quality. And you can always connect a tape recorder to the output of any soundcard and get the same result.

      Anyway, I think the architects of "Napster 2" realize this, so they'll add some kind of analogue watermarking into the audio (grrr...). Furthermore, since the audio was decoded with your own personal key, the watermarking will contain data to lead the copyright police directly to you.

    2. Re:Can't burn this to CD? by Adversive · · Score: 1
      They already did it to Microsoft's .asf and .wma file formats. Even if you install the input plugins the diskwriter won't let you write to .wav.

      You *can* get around this by uninstalling Winamp, and downloading/installing Winamp 2.22 from www.winampheaven.com. This version allows you to write as .wav.

      --
      Adversive
      My cat's breath smells like cat food.
    3. Re:Can't burn this to CD? by turbod · · Score: 1

      Luckily, you don't have to go to these lengths of entrusting an analogue stage. You need Total Recorder (latest/greatest rev).

      See:

      www.highcriteria.com

      This is a overlay for your sound card driver, and can intercept everything going to your card and store it in a file. Your data never hits the analog stage before capture. A similar driver could be whipped up for Linux (the Open Sound System or the Linux audio driver project may support similar features on Linux, but I don't really know).

      TurboD

  19. You can't kill information piracy by Korth · · Score: 1

    Peer-to-peer is here, and it's here to stay. And there's nothing anyone can do about it.

    Napigator shows over 200 non-napster.com
    servers. And Napster is only one of the many peer-to-peer sharing utilities.

    Napster clones may be the most convenient way to download music, but they are not the only way. You can still download music via HTTP, FTP, NNTP, E-mail, IRC and so on... if you're bored you can look at some of the ways suggested at http://decss.zoy.org/ .

  20. Re:Free Song Archive? by pesc · · Score: 1

    It exists and it is called www.mp3.com.

    --

    )9TSS
  21. Re:I bet record sales actually go down by Idolatre · · Score: 2

    It will hurt, but it's not the RIAA labels that will be hurt. It will hurt the smaller labels that make true music that's not advertised on radio. That's what the RIAA wants because the smallers labels are "stealing" profit from them by making their artists known.

    The RIAA claim they are against napster for piracy, but their real threat is loosing market share because of better artists than theirs.

    It's probably true that people who "pirate" mp3s
    buy more CD's because of napster, but that's because they found something better to listen to than the music they heard on the radio, in which they were not interested at all. Since they like what they download, they are more likely to want to buy it.

  22. boycot by joss · · Score: 2

    The record companies can judge for themselves how much napster has hurt their sales if the majority of former napster users immediately boycot all CD purchases from major record labels. I believe napster users spent far more on CDs than average. Personally I have vowed to not buy any CDs for at least 3 months. I urge other people who are irritated by the RIAAs handling of this affair to do likewise. If they think they will see a surge in sales as a result of declaring war on their best customers, we need to reeducate them.

    --
    http://rareformnewmedia.com/
    1. Re:boycot by Chris+Johnson · · Score: 2
      That's a damn good point actually- we don't want Red Book Audio CD to be 'deprecated'. But the thing is, this isn't entirely down to the music industry. Anyone can burn Red Book on a CDR without too much trouble- so boycotting the majors (as I am doing- sorry, can't accept the idea of _paying_ them to do what they're doing) will not necessarily diminish the amount of CD Audio out there, it'll just shift the balance. (Also, burn-to-order mp3 hosting services have long sold Audio CDs and the latest development is Ampcast.com planning to sell Audio CDs duped from _red_ _book_ masters- not compressed masters. They'll be keeping a lot of artist-sent CDRs on file.)

      The fact is, the music industry does not supply Audio CD technology- just the content. If you want Audio CD to remain- buy a CD _player_. Send Sony, Hitachi or whoever the message, and forget the RIAA: they are NOT the ones supplying the hardware. Just insist on Audio CD support in everything, and if something comes around that won't play the CDs, don't buy it...

    2. Re:boycot by kennylives · · Score: 3
      I believe napster users spent far more on CDs than average. Personally I have vowed to not buy any CDs for at least 3 months. I urge other people who are irritated by the RIAAs handling of this affair to do likewise.

      I'm not sure that it has been proved that there is a causal relationship between Napster usage and the increased sale of CDs. In fact, I doubt that that point can be sufficently proved to lay the argument to rest. Personally, I have purchased more CDs as a result of discovering new things on Napster, but I'm employed, and make enough money to be able to afford to purchase CDs to be 'legal' with the music I have (I subsequently re-rip the CDs to have high-quality MP3s on file). I seriously doubt that this is the norm; I suspect that most folks who grab just the tracks they want are not doing the same. Many are, but many != most.

      That said, I think the reverse is also true - it's very difficult, if not impossible, to define a causal relationship between Napster use and a percieved loss of CD sales. But, as is so often the case, perception is reality, and the RIAA uses this perception to justify the lengths to which they're willing to go to prevent the sharing of 'their' content, as we're all aware.

      I'm also conflicted over this proposed boycott of CDs. Clearly, I'm never going near the 'new, improved' version of Napster, and I will encourage all those I know to stay away from it as well. I suggest that we'd all stay away from an encumbered, crippled version of Napster. However, CDs, as a competing technology, are very open. I can rip 'em, copy 'em, combine tracks onto 'mix' CD's, and so on. Aside from who 'owns' the content, and what the're doing, CDs are a nearly ideal carrier for the music.

      I'm also envisioning a future where a couple of trends collide to create a very undesirable situation:

      1. The 'new' Napster becomes successful, even profitable, on the backs of J. Random Consumers. The RIAA/Napster declares it a victory in bringing digital content to the masses.

      2. The 'rest of us' boycott CDs, causing sales to drop noticeably.

      3. The RIAA, in their lust to remove 'unprotected' media from the market, use the drop in CD sales to declare that CDs are a dying media and use this as justification to stop shipping certain titles, and eventually most titles on CDs, instead favouring more restrictive (and more profitable) media.

      I'm concerned that an all-out boycott of the one unencumberd technology we have is not the most effective way to handle this. I'm more inclined to boycott the bad, and support the good. I just wish the lines dividing the two were clearer...

      --

      Where the value of X-Mailer: is the true measure of a man...

    3. Re:boycot by __aasmho4525 · · Score: 1

      i started thinking back to my "post-college" days when i:

      1) had sufficient money (no different than today)
      2) had little time (no different than today)
      3) didn't have a p2p facility.

      i bought about 5 cds between 1993 and 1999.

      between 1999 and 2001 i've purchased probably 30.
      the difference is that between 1999 and 2001 i've had the luxury to very conveniently try before i buy without hassle (say, waiting for it on the radio, wasting my time buying a single. hate those)

      i can *NOT* be that much in the minority. every person i work with is in identically the same category. granted, we're still in the minority in that our demographics are slightly askew from the "typical" worldwide, but i refuse to believe there's not crossover into other demographical strata.

      there has got to be some legitimate studies that have been performed to illustrate once and for all that they (RIAA members) are NOT in any way hurting from this.

      just my 0.02.

      Peter

    4. Re:boycot by einTier · · Score: 1
      Well, lets see.

      First of all, I haven't bought a CD since the RIAA started their suit against Napster with no viable alternative for getting the music I want at a reasonable price and being able to download it online.

      Second of all, I was a hardcore CD buyer. I used to purchase at least three or four CDs a month. I've got a collection of over 1000 CDs. I don't buy CDs anymore. If I have to buy a CD, I'll buy it at the used CD store if I can find it, otherwise, I'll do without. It hasn't been easy and has taken a lot of willpower not to buy the CDs I want. Right now there's at least ten CDs I'd like to own -- and would own, but the RIAA's approach to protecting their monopoly has made me want to funnel as little money to their coffers as possible.

      The very next thing I did was encode every one of my CDs to mp3, and store them on my harddrive, along with all the other "illegal" mp3s I possessed. Everyday I'm on Napster sharing these files, and I will be until it shuts down. Yes, it hurts my bandwidth, but I'm on a T1, and I'm not usually using much of the bandwidth anyway. On the occasion I need the full pipe, I'll shut Napster off until my work is done.

      So, I was one of the RIAA's biggest customers, and now I am one of Napster's best friends and the RIAA's worst enemy. However, I won't touch the Napster II with a ten-foot-pole. I was going to subscribe and continue to offer my music and bandwith -- for free. But, I won't anymore. When will the record companies get it through their head that we don't want crippled technology? I don't want a file that will only play on my computer. I don't want a file that I have to manipulate if I want to play it something other than their "authorized" player -- what do you want to bet these new "mp3s" will only play in Napster. The consumer doesn't want crippled technology with no other benefits -- that's why the original Divx never took off. And, now that these people have tasted mp3, they won't want something less than that.

      So. Good job, Napster. You just killed the overwhelming reason people were using your service. With all the new mp3 players out there, including the new car players, why would someone want a different format now?

      And good fscking job RIAA. You've just alienated 5 million of your best customers. Good job. That's a great strategy. Well, it is if you have a monopoly -- which you do. However, you will not have this monopoly forever. Enjoy your kingdom while it lasts. Your serfs are leaving the castle, and you're not going to be able to get them back. In fact, you've just given the finger to the most loyal and "hardworking" of your servants. No viable alternative is in the works or exists. Nothing to capitalize on what Napster has shown you. People will pay for this music, you know, even the old back catalog stuff that should have been in the public domain by now. But, they will not pay your overpriced fees for it, and they won't pay it if you won't let them do what they want with the file.

      There was an oppourtunity here -- and both Napster and the RIAA missed it. As I've been saying for years, mp3 is a bus: you can either get on and ride, or you can be run over by it. The RIAA and Napster could have ridden togther into a glorious future -- now they'll just get run over.

      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
  23. Uh duh by Fervent · · Score: 5

    Why not just create MP3's from the CD's you already own, and avoid Napster entirely?

    --

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

    1. Re:Uh duh by divec · · Score: 1
      My Queen Greatest Hits II CD is scratched very bad (I lent it to some careless tosser).
      --

      perl -e 'fork||print for split//,"hahahaha"'

    2. Re:Uh duh by Fervent · · Score: 2

      Your logic makes absolutely no sense.

      --

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

    3. Re:Uh duh by bad-badtz-maru · · Score: 1


      His logic on the second paragraph makes no sense, but the first question of "If I copy something that I wasn't ever going to pay for any way, and it doesn't cost the owner anything to let me have it, is it really theft ?" is interesting. I have scores of "evaluation" Akai-format sample CDs that I would've never actually purchased. So did the industry incur any loss?

      maru

    4. Re:Uh duh by listen · · Score: 1

      Not a crime, its a tort.

    5. Re:Uh duh by Fervent · · Score: 2
      If you have a real need to listen to the song, simply hook the older media up to your sound card's "in" port and click Record. Simple.

      Sorry guys. I like Napster as well as anyone (and getting free music rocks), but deep down, the "I want backups" argument really doesn't fit.

      --

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

    6. Re:Uh duh by Sabalon · · Score: 2

      Last week at work I really wanted to listen to a song. I had that song at home, on CD, in a box in the garage that hasn't been cleaned out since we moved.

      So in this case I used Napster in the way thay I would have used the my.mp3.com service.

    7. Re:Uh duh by thatmoron · · Score: 1

      In our society just because no actual money is lost, does not mean its ok. Thing about this.
      I break into a store, but I don't damage the door or lock or anything, I have received a key from someone on the inside. I walk around inside, and then I leave, but it is clear that someone had been there (items moves, security tapes, etc).
      Now, I did cost anyone any money really. I didn't remove any property. Still, when the police find me I will be arrested? What the hell!
      In previous examples, just because you didn't steal anything (steal as- you didn't make the property unavalible to its owner) the posters felt it was ok.
      I'm not saying what is wrong or right, but it is pretty clear in trespassing and many other laws that just because there is no actual property theft, it can still be a crime.

  24. A Way round this? by GC · · Score: 4

    You could just number the songs you share 1.mp3, 2.mp3, 3.mp3 and so on.

    To get an Index of what 1, 2 & 3 are you have to offer a copyrighted song to that user who shares those files.

    Both parties can then generate trust.

    It would be really interesting to see an article on game-theory specifically looking at strategies for peer-to-peer music Exchange.

    Prisoners Dilmma... :-)

    1. Re:A Way round this? by interiot · · Score: 2
      Download ratios? Upload while downloading, or you'll be booted? Yours is just a slightly more complicated way of doing it.

      I think that already exists with FTP, Hotline, et. al...

      Last I knew, those were attacked enough by the RIAA that only dedicated people with a fair amount of computer knowledge uses such things.

      Which is probably fine by the RIAA. They realize they can't ever completely stamp out piracy, they just don't want everyone and their grandmother to be casually pirating.
      --

    2. Re:A Way round this? by IceCreamBrain · · Score: 1

      Good comment. someone mod that up more!

      --
      ~~Apathy alert: Approaching the Point of No Concearn
    3. Re:A Way round this? by ahaile · · Score: 1
      You could just number the songs you share 1.mp3, 2.mp3, 3.mp3 and so on.

      To get an Index of what 1, 2 & 3 are you have to offer a copyrighted song to that user who shares those files.

      Sure this would defeat the copy protection, but it would also defeat what makes Napster useful. The "value" of Napster for the user is its unified index of music. Obfuscating song titles like this would effectively deunify that index. Napster's index would become useless -- it would just tell me that there were 23,328 "1.mp3" files out there -- and I would have to go to the owner of each of those files (a fragmented process) in order to find out what all those files were. How would this be any different from the pre-Napster days, when mp3s were put up on web and ftp servers with obfuscated names, and you had to have the owner's private index to know what they were?

  25. Re:Can they fight the haX0rs? by ren-n-stimpy · · Score: 1


    Napster plans to hide the keys in encrypted form in its client software


    HAHAHAHAHA! (ROTFL)

    what a joke -- can anyone say DeCSS?!? It'll take "haX0rs" less than a week to get that key... or any other key not embedded in tamper-proof hardware.

    All I gotta say is this simply the start of a really fun war.... where this war isn't really about obfuscating names, its about attempting to subvert all the forthcoming DRM stuff. ... and if we've learned anything here on /., it is that hackers tend not to lose anywhere but court.

    --
    The reason computer chips are so small is computers don't eat much.
  26. All your base are belong to us by Scoria · · Score: 1

    Simple.

    Search for *Mysterious*Ways* .. Oops, hope the RIAA doesn't see this.

    --
    Do you like German cars?
  27. Blocking names? by nlvp · · Score: 1
    Napster may have to block all 2.5 million of the RIAA's songs, as soon as the RIAA can figure out all their names.

    It's going to be a real pain having to spell all the song names backwards... Or having to ROT13 the whole file just to transmit/receive it...

  28. Re:What exactly is going to be blocked? by Idolatre · · Score: 1

    To be valid, the signature would have to be made by the original artist, not by anyone. This means napster should have a database of free artists, with some data to recognize their songs (md5+cddb id+tracks lengths?)

    If an artist decides to distribute copies of his MP3 signature key with his CDs, it would mean he gives you the right to make mp3 copies of his songs and sign them to look like if they were signed by the artist himself. Without the artist's signature key, you would only be able to sign it with your own key, and napster will reject it because you're not the artist for that song in their database.

  29. Re:Free Song Archive? by karnal · · Score: 1

    www.mp3.com?

    --
    Karnal
  30. "blatantly stealing an artists work IS unethical" by Chris+Johnson · · Score: 2
    Yah.

    SMASH your radio!

    :P

  31. maybe they won'd id the songs at all by sparkane · · Score: 1

    IDing the songs sounds impossible, practically speaking.. the fact is, if the RIAA companies feel they can turn a profit from Napster, they won't allow napster to die, and if digital marking of songs threatens that potential profit, they'll probably get rid of it. Don't forget, these are song and dance masters. If digital marking threatens the money, they'll just start napster the company on a subscription service to the RIAA or the member corps, paying a certain regular fee just to operate. sort of like radio I guess. (An added benefit to that would be that small labels might get frozen out of the whole business model, since they don't have the clout necessary to insure that some amount of that money, however small, goes to them.)

    napster won't have to worry about which artists get the money or how much they get. And if it's too much of a bother to figure out, the RIAA probably won't worry about it either. ;)

  32. Re:"blatantly stealing an artists work IS unethica by sparkane · · Score: 1

    "Artist" that word is a distraction - it isn't whether their artists but whether they're the copyright holders. And all of those you named ARE the copyright holders of their songs. You don't have to write a thing to own it, that's called "work for hire".

  33. Can they fight the haX0rs? by stomv · · Score: 3

    So, once they get the names right, what will they do about permutations?

    How many people misspell Springsteen as Springstein?

    You get the drift. Can't users just misspell, and do it intentionally? Sure, its not a total solution, but it seems like it would work out some of the time...

    1. Re:Can they fight the haX0rs? by B|ackFire · · Score: 1
      Another interesting (And scary) thought - how will they know what songs to ban? If they filter by artist name all of the 'Fuck Metallica' songs will be removed, but more often than not the filenames will only have the title of the song? What then, if for example the well-known Nine Inch Nails decide to ban their song 'Into the Void' - this will also ban a song made by Bjørn Lynne, which he has earlier released and (I believe) is freely available at mp3.com.

      But perhaps this is all in RIAA's plan. They get to remove their own songs, and in addition also gets to down some competition. So for all future unsigned artists - Don't make songs that might have an RIAA title!

    2. Re:Can they fight the haX0rs? by Monipenny · · Score: 1

      They have an enormous task in front of them when it comes down to banning certain files. Just think of the work load. They are going to realize all that effort is in vain once the l33t h4x0rs out their get thier hands on it. Thier idea seems great, but allot of people will know how to get around anything they throw out there as far as protection, etc. Whatever they do, I think it is only going to be a case of "keeping honest people honest".

    3. Re:Can they fight the haX0rs? by ywwg · · Score: 2

      I would guess that as soon as they start cracking down on names, you'll start to see newsgroup like names:

      B,R,U,C,E,S,P,R,I,N,G,S,T,E,E,N
      and of course l33t sp33k. The question is how you search for this stuff. As always, people will find a way. One method could be doing some sort of pgp system where you encode your filenames... you could easily build this functionality into a client transparently. Then all you need is a public key and you can properly search for files. Something like that.

    4. Re:Can they fight the haX0rs? by keesh · · Score: 1

      What makes this even more amusing is that CDDB have already patented that, so they can't use it. Earlier slashdot story:

      http://slashdot.org/articles/00/12/08/2254214.shtm l
    5. Re:Can they fight the haX0rs? by Dust+Puppy · · Score: 2

      Gracenote have patented mis-spelling? They'll be preparing a big lawsuit against /. users then!

    6. Re:Can they fight the haX0rs? by [wy1d] · · Score: 1

      Even better, just start naming files backwards! (don't forget those ID3 tags, either)

  34. Bad idea; quality loss by Dr.+Spork · · Score: 1

    Expanding and recompressing the napster II format is a bad solution because mp3 is a lossy compression algorithm. It will sound like a tape recording of a tape recording and degrade with every iteration. This would in fact be one way to kill p2p that has been discussed before: populate the service with morons who don't care about sound quality so that the typical song returned in a search will be crap. Your suggestion would be one way to do it: make sure people are constantly decompressing and recompressing their songs and trading them like they were freshly ripped.

  35. Re:Not worried. by AstynaxX · · Score: 1

    I thought I just got done explaining this elsewhere, but...
    For one thing, it isn't a matter of deserving the content, its more a form of civil disobedience. Big Music bends customers over at the cash register, so lots of customers say "fsck this" and leech mp3s. Maybe, just maybe, if Big Music would stop anal violating the pocket books of the customers, the allure of mp3s would diminish. I mean, the difference between $20 and free is a lot, but if CD's were a more realistically priced $10 new, $5 old/used, the time spent waiting for those mp3's to be sucked through the modem might not seem worth it. Of course, it would be best of Big Music choked on its own greenback vomit, but some things are destined to remain only dreams.

    -={(Astynax)}=-

    --
    -={(Astynax)}=-
    "Darkness beyond Twilight"
  36. How is this "encryption" going to stop anyone? by DennyK · · Score: 1

    Hate to break it to Napster, but it's very easy to bypass the encryption scheme by simply re-recording the MP3 audio into another file. My Creative Sound Blaster Live! Value can easily do this with the built-in software mixer. It can record from the Windows WAV device, or "What-U-Hear" (records whatever is playing through your speakers, i.e. you can mix sound fron different sound devices, like WAV and CD, or WAV and MIDI). So, I play the song with Napster's special player, and record it at the same time...no quality loss, and I now have a nice, unencrypted WAV file that I can do whatever I want with.

    DennyK

  37. Alternative names by John+Jorsett · · Score: 1
    Napster may have to block all 2.5 million of the RIAA's songs, as soon as the RIAA can figure out all their names.

    Blocking songs by name isn't going to work. Alternate naming systems will arise in about a millisecond. The Rolling Stone's 'Lady Jane' could easily be '1@dy J@ne' for instance. Or ROT13, or ... You get the idea.

  38. Re:Lets all get real by sparkane · · Score: 1

    ..It's obvious that anytime napster wants, they can go through their servers and find listings of copyrighted materials by the thousands. So, to answer the first question; yes, they are knowingly facilitating the download of illegal material.

    You're not wrong in principle, but I think you're not taking into account how labyrinthine the law really is. Sure an admin can go through their lists, and he'll probably look at the names and consider the namestrings to identify the songs and artists and so forth. (Which the courts probably do as well I guess.) But a lawyer might look through that list and see a bunch of namestrings which only hypothetically identify the same songs as the ones on the CD he bought this morning. REally for a lawyer to talk conclusively about the copyright status of the song represented by the namestring, there should be some (trustable) copyright info worked into the string. Otherwise the copyright status of the song represented by the name isn't totally clear.

    I realize this is sort of a rationalization, but it's just to point out that what you may consider a clear conclusion isn't so clear once you bring the law into it. (Really this is only a rationalization to the extent that the RIAA can show that Napster contributes to copyright infringement, which they seem to be able to do, but that still doesn't detract from my point I think.)

  39. For the love of god by wuice · · Score: 4

    The RIAA has won the battle, but they've lost the war. If we can't use Napster anymore, we'll find another way to rip off our favorite artists in peace. It's an inconvienence, but no agency, business or industry can stop us from our god-given right to rip people off. They should ask the software world how successful they've been with warez. After that, they should give the fuck up and let us steal in peace.

    1. Re:For the love of god by Nodatadj · · Score: 1

      erm, thats what I said

    2. Re:For the love of god by Nodatadj · · Score: 1

      Then let them win that battle. It is obvious that they either don't know about the other unofficial servers, or they don't care. All they want is to stop Napster (official) from operating, and this is a perfect way to do it. It will drive everyone unto the unofficial servers, Napster goes byebye, the RIAA claims that internet distribution is doomed, blah blah blah, and everyone is happy. The users because there's no more RIAA breathing down peoples necks, and the RIAA because there's no more Napster operating.

  40. A few notes... by Vanguard(DC) · · Score: 1

    Ok, ill do my bets not to laugh too hard at Napster's ideas or RIAA's hopes.

    1) Scalability. Not going to happen. simple. 56k users will be completely screwed...

    2) can anyone say memory hog?!? I dont know about you, but i use Napster IN THE BACKGROUND. It may be sucking up my bandwidth, but NOT my memory at this point. But to have local encypt/decryption on EVERY song EVERY time it plays, I'll never be able to compile to compile at the same time... So, again, scalability.

    3) Crackers/(or good bored coders) will have it overcome in a day, patched in a week, and perfected in 2 weeks. simple.

    4) OTHER services will take Napster's place. simple. Your average 9 to 12-yr-old may have his/her parents pay for membership, and they might be too ignorant to know any better... but those who want to get them for free will be able to do so EASILY by using gnutella or any of the many other options out there... I prefer FileNavigator myself... but I must admit, most connections time-out... someone needs to scale these alternatives before June....

    5) Each and every reader here knows damn well they will never pay for an mp3. simple. Go check out the Ogg Vorbis format discussed on Binary Freedom for example.

    6) oh yeah... SCREW THE RIAA.. ignorant corporate old bag bastards.

    -vanguard

    --
    "I think, therefore I get paid."
  41. Re:Lets all get real by startled · · Score: 2

    I would like to see someone argue to me that ebay should be allowed to list auctions for cocaine or nuclear materials because they're only "listing" and not involved with the actual transfer.

    Hoo boy, you sure ruined your post by including the ebay analogy. ebay lists whatever users type in. If they receive complaints, they remove it. And note that when they receive complaints and remove the offending material, they are not fined, prosecuted, shut down, etc..

    Compare to Napster, who removed all the people trading Metallica the one time they were notified of anything, and are still getting fined, shut down, etc..

    And another note: your argument, while it makes some "common sense", really has little if anything to do with actual law. I'm sure you've noticed by now that the law rarely has anything to do with common sense.

  42. Let them block the names... by Operandi · · Score: 1

    We can just md5 the names of the mp3s on our HD and search for the md5 version of what we're looking for. Or something

    1. Re:Let them block the names... by kodiar · · Score: 1

      I'm sure there will be some freeware decoder*cough*DeCSS*cough* available so you can fix your mp3s soon after this happens anyway.
      Billion dollar industry, somebody will hack it for free.

    2. Re:Let them block the names... by kil_666 · · Score: 1

      Can't see how anyone thinks they can enforce digital rights management on the current hardware that is out there and that we all have.
      I'm sure there's a freeware equivalent that I don't know about but High Criteria's Total Recorder [http://www.highcriteria.com/products.htm ] allows you to convert any audio stream into plain vanilla wav [or directly to mp3] by quite simply intercepting the direct audio data feed to the sound hardware.
      Until the RIAA plug that hole it will be very hard to prevent people from unlocking any secured digital media format, and IMO probably impossible especialyl if someone produces an Open Source equivalent. And I can't see how those of us that count can be forced to hand over the hardware we currently have that will always allow us to do that.
      Napster II will be a complete joke if they try this - we'll all be rolling about in the aisles in hysterics.

    3. Re:Let them block the names... by keesh · · Score: 1

      How many people know what MD5 is? Not many, I'd guess... I doubt that would work, simply because the majority of people don't have the technical knowledge to use it. Unless there's an MD5 checkbox which is selected by default it'll never work.

    4. Re:Let them block the names... by Operandi · · Score: 1

      How many people know machine code? And yet, millions of people per day use computers. So quite obviously there would be a more elegant and transparent method of implementing my quick and dirty idea.

    5. Re:Let them block the names... by keesh · · Score: 1

      Which Napster would be legally required to block as soon as it becomes publically available.

      Sure, it could be done automatically or in some user-friendly way, but then Napster couldn't pretend they didn't know about it.

    6. Re:Let them block the names... by Operandi · · Score: 1

      Resuming, mmm. Is there a win32 port? I'd love to stop using the cludge of an application Napster. Should be called Winster, the fat bitch.

  43. (Slightly OT) Napster inspired initiatives... by Leon+Trotski · · Score: 5

    Say what you will about the ethical justification of copying other peoples music, but at least Napster has sparked off an impressive amount of innovative projects. Here is something I came across recently: Docster.

    For the goatsex paranoid, here's a short abstract:

    Imagine all the researchers you know, with a new bibliographic management tool that combined file storage with a napster-like communications protocol -- docster. Instead of just citations, docster also stores the files themselves and retains a connection between the citation metadata and each corresponding file. Somewhere in the ether is a docster server to which those researchers connect. They're reading one of their articles, and they find a new reference they want to pull up. What to do? Just query docster for it. Docster will figure out who else among those connected has a copy of that article, and if it's found, requests and saves a copy for our friendly researcher.

    Of course, we cannot do this. Libraries depend too much on copyright to attack the system so directly. But what if we focused instead on altering the napster model enough to make it explicitly copyright-compliant? After all, many cases of one researcher giving another a copy of an article are a fair use of that article. Fair use provides us with this possibility and it's not a giant leap to argue that perhaps coordinated copying through such a centralized server could constitute fair use, especially if docster didn't compete with commercial interests.

    Well, it's still a big leap, but think of the benefits. Say there's an article from 1973 that's suddenly all the rage. It doesn't exist online yet, so a patron request comes to you from some other library, and you've got the journal, so you fill the request. But forty-eight other researchers want that article too. If that first patron uses docster, any of those other folks also using docster can just grab the file from the first requestor. If others don't use docster, they can request a copy from their local libraries, who -- I hope -- do use docster. Nobody has to go scan that article again, and suddenly there is redundant digital storage.

    Sounds good, no?

    --

    Cui peccare licet peccat minus. -- Ovid, Amores.

    1. Re:(Slightly OT) Napster inspired initiatives... by LoKi128 · · Score: 1

      just one quick thing...

      witholding information from the competition because you are scared they are better than you is pretty stupid

    2. Re:(Slightly OT) Napster inspired initiatives... by skadacl · · Score: 1

      It may be stupid, but that doesn't keep it from happening.

      Being afraid of your oppenents superiority is not the only thing that causes this though. The fear that the competition will become more superior also affects people.

    3. Re:(Slightly OT) Napster inspired initiatives... by RobertFisher · · Score: 2

      There are two serious problems with this sytem. One technical. One fundamental.

      The technical problem involves authenticating the document content. If I am a researcher, how can I be certain that releasing my document to Docster will guarantee that a malicious user (my arch-nemesis scientist colleague competing with me for fame and fortune) will be unable to corrupt my article?

      The second, more fundamental problem involves a company getting rich from the work of academics. Napster/Docster is not in this game out of the goodness of their own hearts If I am an academic who wishes the widest distribution of my article possible, I will put it on my home page for any and all to download free of charge at any time. Ultimately, I find it hard to believe that Docster would not eventually move to a substription-based service, similar to Napster. I personally find it very repulsive that a company might sit between myself and my colleagues, making money from our hard work. (Granted, this already occurs in print journals and conference proceedings, but I am hopeful their days are limited.)

      I believe this is one place where government research agencies can actually make a great positive impact. Agencies funding research can require that authors archive their work (not just publications, but also data and computer programs) in a data archive accessible to anyone in the world. This is entirely commensurate with the fact that taxpayers were the ones who footed the bill to begin with, and they should be allowed to see what their investments have produced. Also, such a mandatory archive will help creater greater sharing between scientists, and avoid the kind of data hoarding that most scientists are inclined to practice.

      --
      Science, like Nature, must also be tamed, with a view turned towards its preservation.
  44. An interesting idea... by DragonMagic · · Score: 1

    Since CueCat and other sources are out there, why not create a program where people can scan in a CD's UPC, have that become the band/album name, then list out the tracks after the number?

    For example, the song Urban Suicide from the band Dink could be found on napster at 7-2438-30333-2-4_05.mp3. They would have to sit there and ban different types of UPC numbering, etc, to keep people from passing these around.

    What's more, there's plenty of databases already up where people can find UPC codes in existence, so it shouldn't be hard to find an interface to pull out a certain album's UPC number and have a client search Napster for it.

    It's just a thought. I don't like the fact that the RIAA is trying to tell us that a band name like "James" will be banned from passing through its servers, or their hit song "Laid". I mean, what if James Rutherford's country song "Laid Off" is passed around Napster because he wants to share it? (I don't believe this guy exists, but just for example). Where does the RIAA get off telling Napster, et. al., that he has no right to do so?

    Dragon Magic

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  45. My current choice for P2P alternative. by Operandi · · Score: 2

    ALPINE. No matter what you guys say, it is a damn good solution. The best thus far IMO. *You* get to control the number of peer connections you maintain, the number of queries you make, the rate at which those quries are distributed to the peer network, the number of queries you will respond to from other peers, the number of file transfers, etc. Also the proxy idea sounds damn cool.

    1. Re:My current choice for P2P alternative. by mrfiddlehead · · Score: 1
      --
      :wq
    2. Re:My current choice for P2P alternative. by Operandi · · Score: 1

      No you don't, that's the key of 'sharing.' Why must you have payment? I doubt you use 100% of your computer's capacity 100% of the time.

    3. Re:My current choice for P2P alternative. by spudnic · · Score: 1

      So do *I* get some kind of micropayment for each song downloaded from me, using my bandwidth, my cpu cycles, my electricity?

      --
      load "linux",8,1
  46. Re:membership-based service by ByTor-2112 · · Score: 1

    Actually, someone should create a napster "proxy" that will make queries on your behalf. Since a connection TO napster is not necessary to exchange files, you can still trade for free. The SDMI/DRM requirements will be what "kills" napster

  47. Re:What exactly is going to be blocked? by Idolatre · · Score: 1

    Considering a file copyrighted by default might be a solution to this. To mark a file as freely distributable, an artist would have to sign it with a digital certificate and indicate what kinds of right he would like to grant.

    An audio CD could include a data track with a digital certificate that can sign only the tracks on that CD, or also all of the artist's previous works.

    Since copyrighted music has been around for decades, making it the default case isn't really wrong. It would however have to be implemented in a way that can't be circumvented, while still giving to the purchaser the rights to unlimited backups and transfers to other media. The only thing that would really need to be disabled is the wide spreading of copies of the works.

  48. Re:Not worried. by Tuzanor · · Score: 1

    Don't forget FTPs and the thing that started it all...IRC

  49. Re:What exactly is going to be blocked? by Bob+Costas · · Score: 1

    The point isn't to actually block them, but just to make napster a giant pain in the ass (moreso than it already is). Forcing users to rename files in order to share them, and by that also making them difficult to search for, is one way to effectively decrease the usability of napster.
    ---

    --
    Bob Fucking Costas. Does anyone else hate that motherfucker?
  50. Re:DRM storage by rking · · Score: 1

    I agree that most napster users will move to other apps to get their free music fix. But what if the hard drives and other storage mediums don't allow files to be stored that aren't signed with some sort of industry certificate?

    What, any files at all? How would you sell hard drives that are that crippled?

    Or you mean files stored in a particular format? In that case you'd just use a different format. Once encrypted the hard drive can't possibly know what's in the file.

  51. Re:What exactly is going to be blocked? by rking · · Score: 1

    It would however have to be implemented in a way that can't be circumvented

    Presumably you mean a way that would take more effort to circumvent than you'd expect anyone to be willing to put in? I don't see how a copy protection system that can't be circumvented could even be possible. If something can be made in the first place then it can also be copied.

  52. Re:Kay, how about this... by rdl · · Score: 2

    Um, AboveNet and UUNet...
    Domain servers in listed order:

    NS1.NAPSTER.COM 208.184.216.239
    [abovenet]
    NS2.NAPSTER.COM 63.108.185.111
    [uunet]

    Registrant:
    Napster, Inc. (NAPSTER16-DOM)
    1475 Veterans Blvd.
    Redwood City, CA 94063 US

  53. Re:What exactly is going to be blocked? by divec · · Score: 1

    How about "Magetagelagicaga_sageek_agand_dagestragoy_thagem. mp3"?

    --

    perl -e 'fork||print for split//,"hahahaha"'

  54. Re:"blatantly stealing an artists work IS unethica by Chris+Johnson · · Score: 2
    Oy, you couldn't be more wrong. None of those people hold copyright. The people he named are _synthetic_ popstars: hell, man, even the grunge guys had to sign over their copyright to the record labels to get a deal!! Do you seriously think that manufactured popstars do better than that? I would literally bet every penny I have that they are not the copyright holders: there is just no way, not a _chance_, not one of them.

    The 'work for hire' thing is related but different. The _popstar's_ performance is routinely considered work for hire by the label, whenever they can get away with it. Now, if it's not, that doesn't mean the popstar ends up holding copyright, they have to sign that away. BUT, if they simply sign it away, the term expires in something like 40 years, so the popstar's _grandchildren_ might benefit from earnings from the hit record when, many years from now, the copyright returns to the artist and the artist's estate. (We'll not get into whether _they_ are entitled to profit from it- this time!) However, if it was 'work for hire', the term NEVER ends, and the artist will NEVER, EVER, EVER get their material back. Not in 40 years, not in 400, not in 40,000,000.

    The record labels managed to get a rider on some bill that _changed_ the status of many recordings _to_ work for hire, basically taking a large number of existing works and changing the rules under them to give the record industry permanent ownership rather than 40-year-ownership, but major label artists were rightly _so_ upset that they actually organised, lobbied, and got the new legislation overturned by publicising just how bad the record labels were in doing this, and exactly what they were doing. So currently the only artists who will NEVER own their songs are, well, pretty much every new act being offered a contract _today_, including every one in which you don't need the artist's consent to revise the contract.

    This very likely includes Britney and the others, so odds are they not only don't own copyright, but they can't and will _never_ own it. However, I can only be _absolutely_ certain that they don't own it _now_. It is just possible that one of the ones mentioned is not work for hire, in which case maybe in 40 years they or their heirs _might_ own copyright to their material.

    Did you know that nearly all of the musicians you hear on the radio are technically hired laborers?

  55. Other businesses. by Black+Parrot · · Score: 3

    The *AA may be frothing about IP theft, but other businesses are apparently booming on it.

    I've been shopping for a new hard drive, and I see businesses such as Best Buy describing the humongosity of their drives in terms of how many thousands of 4-minute MP3s you can store on them. (Surely they don't think people are buying drives to store 20,000 MP3s that came from their own store-bought CDs, eh?)

    --

    --
    Sheesh, evil *and* a jerk. -- Jade
  56. Re:Secure Audio Path prohibits digital loopback by i22y · · Score: 1

    So pretty much by turning off the digital outputs, Napster is only allowing you to play your payNapster MP3's through POS computer speakers? What if you have a kickass home stereo with a digital input? "Digital output is not licensed" is what Napster would tell you! Bullshit! If you license music, they shouldn't be able to dictate what speakers you play it through....
    ----

    --
    Mike
  57. quality of service by 413x · · Score: 1

    one problem, i see with their subscription model is the quality of service. i mean look at napster now, most of the songs you download are missing some bytes at the beginning or at the end or have little sound glitches in them. thats ok as long as its free but no one is gonna pay for broken mp3s.

  58. Forget napster by buck-yar · · Score: 1
    Forget napster. Why go through all the hassle of changing filenames (etc) as suggested, when you can just use opennap? It has clients for practically every OS out there, and if it didn't have one for your OS, it wouldn't be much of a problem to write one.

    I really like the musiccity set of servers. They have about 30 different servers, all of which are very fast.

  59. Re:Hank Barry is a complete moron by Kharny · · Score: 1

    Try Denmark (small country in northern Europe), not exactly third world. Still there are no copy rights at all over there, wouldn't that be a nice napster server??

    --
    Make a man a fire and he will be warm for a day, set a man on fire and he will be warm for the rest of his life
  60. What's the big deal? by deadgoon42 · · Score: 1

    Can anyone say Gnutella?

    --

    Smeghead every day of the week.
  61. we'll make our own music, and not share with riaa by mr_burns · · Score: 2

    well, if they don't want us to share their music, then lets not hand ours over to them. Imagine this as a market position. You can either buy music you cant share from RIAA approved networks, or you can download music that's equally as good from networks that don't have RIAA music on them, and you are encouraged to share them.

    I wonder, after having listened only to inependent non-riaa music for 3 years, who's concerts we're gonna go to. Who's t-shirts we're gonna buy.

    what a wonderfulo meatspace denial of service condition the RIAA may have just created for themselves. If they don't allow their music on free networks, and good music is on free networks, then they're creating a bariier to entry into the music distribution market for themselves.

    That's just plain dumb, and I have no problem with using it against them.

    -OR-

    if you're a computer criminal with a mean streak (not me, mr man). then I guess you can make it extremely hard for the RIAA to give their lovely blacklist to napster over the internet...."What use is a phone call when you can't speak"

    --
    "Let him go, Ralph. He knows what he's doing." --Otto Mann (simpsons)
  62. Re:Lets all get real by AntiBasic · · Score: 2
    Your analogy suffers from ad absurdum.

    Most of us use cars to go from Point A to Point B. Obviously there will be some bad seeds who use cars to facilitate killing but not in large quantities. And certainly not enough in so much as to require us to, as you put it, resort back to walking from place to place.

    Sure a few people are trading non-copyrighted music on Napster but the majority of us are knowingly trading copyrighted material.

  63. I know one RIAA song that comes to mind... by AFCArchvile · · Score: 1

    ...Nine Inch Nails - Big Man with a Gun.mp3

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  64. trusted client software doesn't work by Victor+Ng · · Score: 1

    If I'm reading the article correctly, the Napster II client relies on trusted clients so that once a P2P connection is made to transfer a file, the MP3 is 'tagged' as a copy. What's to stop people from compromising the clients so that the tagging process simply doesn not happen? All MP3's would then be listed as 'original' and the whole copyprotection scheme goes down the toilet. Com'on Napster. EVERYBODY knows that trusted clients are a bunch of hooey.

  65. Screw sharing then... by kosipov · · Score: 2

    Alright, suppose Napster II becomes a reality and due to some magic, groundbreaking encryption the system survives long enough to function. Why should I share files (music that I paid for) with million other subscribers who I don't even know? If incredibly smart music companies think that I will agree to make my PC a free distribution channel for their music they are very, very wrong.

    1. Re:Screw sharing then... by Anoriymous+Coward · · Score: 3

      The same reason people do it now. At some point those mp3s were paid for, probably in the form of a CD. The person who bought the $20 CD was willing to share the mp3s with millions of people he didn't know, why should he worry about doing the same with a $1 mp3 file?

  66. Kay, how about this... by Adam+Schumacher · · Score: 3

    For Immediate Release:

    At a press conference this morning, Napster CEO Hank Barry officially conceded defeat to the RIAA.

    "It's obvious that we cannot afford to fight this battle any further. Alright guys, you win. You've shut down Napster. Enjoy your victory."

    Sources indicate that a fruit basket was delivered to RIAA HQ from Shawn Fanning at roughly the same time as Barry's announcement was made.

    "Seeing as we no longer have any use for the napster.com domain name, we have opted to sell it to Bornagainnapster Inc., based out of <insert name of country with good Internet connectivity, loose copyright laws, and little respect for American lawers here>.

    "Of course, hypothetically, if Bornagainnapster Inc. decided to use the napster.com domain name to point the millions of existing Napster clients to their own Napster root servers, the source for which we released earlier this morning, the service would appear to continue uninterrupted to current users of Napster's service. Please note however, that this is entirely the prerogative of Bornagainnapster Inc., and Napster Inc. of America has no remaining control over what happens to the technology we've released into the community.

    "It's been a slice. Thank you."

    Napster Co-founder Shawn Fanning then announced his plans to relocate to <insert name of country with good Internet connectivity, loose copyright laws, and little respect for American lawers here> to accept a position as CTO with "an unnamed Internet media company".




    Okay, so it's a bit far-fetched, but if Fanning and Co. are really interested in seeing Napster continue to survive, wouldn't this be a feasable option? The main reason why Napster continues to dominate other file-sharing media such as Gnutella for MP3 distribution is the existing user base, and simple presentation to the user. It is still, IMHO, best-of-breed for it's purpose, which is providing access to MP3 files. The reason the RIAA has been able to go after Napster, is because of the centralized root servers. Why not just move those servers out of the RIAA's reach? Sure, it will take a little maneuvering to prevent legal difficulties, but I think it could be done...

    Opinions?

    - Adam

    1. Re:Kay, how about this... by YKnot · · Score: 1

      Hint: Who controls .COM?

    2. Re:Kay, how about this... by YKnot · · Score: 1

      Talking about root servers: You do realize where napster.COM is based DNS-wise?

  67. My prediction and an analogy by image · · Score: 3

    First, the RIAA will, in the near future, have some success at stopping Napster, as one particular service, from distributing copyrighted material. They will accomplish this because Napster is a corporate entity and Napster will cooperate with the courts, because that is in the best interest of their shareholders.

    Second, other services, whether they are OpenNap servers, Gnutella, FreeNet, or whatever, will emerge from Napster's ashes and allow people to distribute copyrighted material.

    Third, the RIAA will notice that there is not one particular corporate entity to go after in this case, and will take the issue to the legislature instead.

    Fourth, the legislature will pass unambiguous laws that declare distributing copyright material online illegal, and there are medium penalties (like fines, and possibly jail time for multiple offenses).

    Fifth, some people will continue distributing copyright materials online. Most won't.

    Sixth, some people will get caught. Most won't.

    The parallel I am making should be clear. This is analogous to the United State's so-called war on drugs.

    No, the US can never "win" the war on drugs. Nor can it win the war against distributing copyrighted material. However, it can certainly scare the majority of people into not participating. And that is all the RIAA wants to preserve its profits.

  68. Re:So what? by mian · · Score: 1

    napigator works with beta 8 and 9 just fine, and we've just released a few alpha's of napigator v2.0 that integrates into napster itself like one of its normal pages.. v2.0 release will be out in a few days.

  69. Re:Free Song Archive? by sh00z · · Score: 1
    It exists and it is called www.mp3.com.

    Moderators asleep at the wheel here. This is the most insightful thing I've read in weeks. I've found the best music in the last 16 months from mp3.com, certainly NOT Napster.

  70. Why not make an overseas server? by Adversive · · Score: 1
    The reason the RIAA can torment Napster is becasue Napster is in the United States. What if the central filename database existed in a country that does not honor copyright?

    The July 2000 issue of Wired spotlighted Sealand, a sovereign 'country' created from an abandoned oil rig in the Atlantic. The idea is that it can be used as a file server without the burden of national laws. This sounds like an excellent way to get around the copyright laws Napster is currently facing.

    What if Napster (or another company) decided to move the central database like this? Could it be stopped without going after individual users?

    --
    Adversive
    My cat's breath smells like cat food.
  71. Re:Not worried. by Ando[evilmedic] · · Score: 1

    I do not understand the analogy to murderers in gangs in the city. First of all, it would have to be quite the bloodbath (think millions and millions of people) for authorities not to be able to arrest "everybody."

    Nevertheless, consumers get frustrated when they buy a CD from their favourite artist when they know that a minute fraction of the cost will go back to support the artist. Why should we encourage the record companies?

    I am tired of people comparing downloading copyrighted material to shoplifting. My morals are high enough that I do NOT buy RIAA material. Do I download it? Yes. Am I downloading it in place of walking to the record store and purchasing the CD? No.

    Same goes for software. I refuse to pay $1000 dollars for a piece of software. I find it comical that any one company would ask such an exhorbitant sum. So I download it from an FTP site. Am I downloading it in place of buying it from Adobe over the web? No.

    My original (and deemed "Overrated", by an Anonymous Moderator) argument stated that consumers will always win, and in a nutshell, will never be screwed over. The RIAA and other said companies have to listen to their agravated consumers, and continue cautiously.

    - Ando

  72. Re:Lets all get real by AntiBasic · · Score: 2

    Actually ebay does their own auditing as well. Go search for something like hardcore preteen sex pictures or something along the lines. It may be initially posted but they'll pull it down themselves.

  73. Re:"blatantly stealing an artists work IS unethica by Teutates · · Score: 1

    Do you consider Britney Spears, The Backstreet Boys and N`Sync artists? They make money on lyrics they don't right, music they don't play and dance moves they paid someone else to come up with.

    3/4 of commercial pop music today isn't "art"...hell if it is we're in a load of trouble.

    They are performers, not artists.

  74. Re:You're missing the point. by NetGyver · · Score: 1
    I don't consider myself "geeky" Mainly because I don't use *nux or scripting or what have you. But I can build a PC, I can do home networking, I can find mp3s ranging from ftps to irc, I know where to get the cracks for my software, Most geeks wouldn't consider me "geeky" though.

    You don't have to be a geek to find what you want online. All you need is patience coupled with curiousity and interest. seek, and ye shall find...in one way or another. :)

    --
    A Penny for my thoughts? Here's my two cents. I got ripped off!
  75. Change the filenames! by Erk · · Score: 1

    I guess all of my songs will have to become 3l33t!

    Mmmmm, br1tn3y sp34rs - 00ps 1 d1d 1t 4g41n

  76. Script Kiddies Revenge by DoorFrame · · Score: 3
    So the time is finally here that the script kiddies will raise to the upper echelon of society.

    Since I think we all know Napster and the RIAA will not introduce any competant means of blocking copyrighted songs beyond a simple name check on the title of the MP3, the day has finally arrived when that stupid script kiddie hacker type will come in handy. Sure, Napster will block any songs that have Metallica in the filename (ignoring the fact someone might write a song called "I hate Metallica") but will their filters catch:

    |\/|3T4||C4

    ?

    No, they certainly will not. In the future the only people who will be able to use and understand the songs available through napster will be these ever-present script kiddies.

    It's kind of like encryption, for the stupid.

    --

  77. As soon as the RIAA can figure out all their names by Bill+Daras · · Score: 2

    Like:

    U2- Mysterious Ways.mp3

    U2- Mysterious_Ways.mp3

    U2- Mysterious Ways.MP3

    U2- Mysterious_Ways.MP3

    U2- MysteriousWays.MP3

    U2- MysteriousWays.mp3

    U2- Mysterious-ways.MP3

    U2- Mysterious-Ways.MP3

    U2- Mysterious Ways.mP3

    U2- Mysterious_Ways.mP3

    U2- Mysterious Ways.Mp3

    U2- Mysterious_Ways.Mp3

    U2- MysteriousWays.Mp3

    U2-Mysterious Ways.mp3

    U2-Mysterious_Ways.mp3

    U2-Mysterious Ways.MP3

    U2-Mysterious_Ways.MP3

    U2-MysteriousWays.MP3

    U2-MysteriousWays.mp3

    U2-Mysterious-ways.MP3

    U2-Mysterious-Ways.MP3

    U2-Mysterious Ways.mP3

    U2-Mysterious_Ways.mP3

    U2-Mysterious Ways.Mp3

    U2-Mysterious_Ways.Mp3

    U2-MysteriousWays.Mp3

    U2Mysterious Ways.mp3

    U2Mysterious_Ways.mp3

    U2Mysterious Ways.MP3

    U2Mysterious_Ways.MP3

    U2MysteriousWays.MP3

    U2MysteriousWays.mp3

    U2Mysterious-ways.MP3

    U2Mysterious-Ways.MP3

    U2Mysterious Ways.mP3

    U2Mysterious_Ways.mP3

    U2Mysterious Ways.Mp3

    U2Mysterious_Ways.Mp3

    U2MysteriousWays.Mp3

    U2- Mysterious Ways.mp3

    U2- Mysterious_Ways.mp3

    U2- Mysterious Ways.MP3

    U2- Mysterious_Ways.MP3

    U2- MysteriousWays.MP3

    MysteriousWays.mp3

    Mysterious-ways.MP3

    Mysterious-Ways.MP3

    Mysterious Ways.mP3

    Mysterious_Ways.mP3

    Mysterious Ways.Mp3

    Mysterious_Ways.Mp3

    MysteriousWays.Mp3

    Only 47,000 variations on this track, and 2.5 million songs to go.

    I guess they'll have to listen to each one of the last variation just to make sure. Or else face a shitstorm when anther band gets banned for having a song with the same title.

    I thought *my* last data-entry job could get mind-numbing.

  78. What are they going to do... by SkyIce · · Score: 1

    ...when I run a wire from my sound card's digital out to the digital in and hit record? Who cares about the encryption? This is even easier than it was with DVD's because with audio, (unlike video) every person with a sound card has the ability to easily record what's being sent to their speakers. Until they get a decryption processor in the speakers there is no use in encrypting what they're distributing.

    1. Re:What are they going to do... by mike_g · · Score: 1

      For a losslessly compressed file, this would work great. The only inconvience would be that you would have to wait each track to be played to decrypt it.

      But this won't work as well with mp3's. The quality of the mp3 will go down each time you reencode it. I'm sure that artifacts would be apparent after a few encodings.

    2. Re:What are they going to do... by porges · · Score: 1

      If you do that you can only digitize in real time, which limits the amount of "damage" you can do, so in the long run it's not easier than CD's (which I presume you really meant.) No more ripping a whole album in 5 or 10 minutes.

  79. Official servers, and then there's OpenNap by yerricde · · Score: 2

    clients besides the official one, and older napster official clients, will no longer work

    on the official servers. But there are other Napster-compatible directory servers that run OpenNap.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  80. Re: Not really that hard by ActMatrix · · Score: 1

    Come on now, it would be trivial for the RIAA's track "search engine" to convert everything to lowercase and strip punctuation. Then the only real variations would be whether the artist's name appears before or after the track name. Sure, there are still more variations but this definitely would eliminate tens of thousands of possibilities.
    ---

  81. Well dammit, that's not right. by Gray · · Score: 1

    "Napster is going subscription? No, that's great, because you'll probably be able to pay a little subscription fee and then you'll get access to good proper ripped copies of all BMG artists.. That would be so worth it.."

    I've said that quiet a few times in the last few months.. Now I find out the chunderheads aren't really embracing the future, they're throwing a bunch of bad close crypto at it..

    I'm really suprised a big company like that doesn't have a better evil-master-plan then this.. Napster had a chance to use its userbase to lead the new mediaverse, now they're just going to be a hickup on the road.

  82. Re:What exactly is going to be blocked? by bad-badtz-maru · · Score: 1


    I canot imagine that they will attempt to identify a song by the filename. I suspect they will introduce some sort of technology that scans the actual file's sonic characteristics in an attempt to identify material. This was discussed on slashdot a few months back.

    maru

  83. That's not a copyright; it's a trademark by yerricde · · Score: 1

    and we make a song called Metallica

    Except many modern acts (Billy Joel, *NSYNC, etc.) are trademarking their names.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  84. we will never run out of Song Names by LoRdTAW · · Score: 2

    Hell you think song titles are exausted? their are always long title names like the band Anal Cunt. With names like "song titles are fucking stupid" "all our fans are gay" "i made your kid get AIDS so you could watch it die" and a ton more so song titels wont run out just be more creative.

  85. PROVE IT by awarlaw · · Score: 1

    i know i'm late to this thread but, isn't the burden of proof on the MPAA? i want them to PROVE i've never bought the CD or Tape or Album (1st generation CD) of all the music i've downloaded from napster and the like.

    --
    TIME is the Aether...
  86. Reply to: Uh duh by dahitchman · · Score: 1

    The the main reason Napster was created was so that you could download singles without having to buy a whole CD. Sure, if you have the CD, use that instead, but Napster is great for downloading singles.

  87. This won't work... by mech9t8 · · Score: 1

    ...but it will be useful stepping-stone until the record companies can set up their own servers. Paying $10/month or whatever Napster wants for other people's unreliable, partially-completed, and often misnamed files is going to find a very limited audience. Especially with the recent rash of falsely named MP3s on Napster (ie. U2's latest album)... and if I had a dime for every song that cut out a few seconds early...

    However, paying the same for high-quality, complete downloads from the RIAA's own high-speed servers would be acceptable. And all they'll have to do is tweak Napster's search routines to point to their own servers when they're up...

    --
    Convictions are more dangerous enemies of truth than lies.
    - Nietzsche
  88. Re:Too much by Trepalium · · Score: 1
    IMHO, if Napster wants to go to a subscription model, they will have to host unencrypted high-quality (160/192kbps) MP3 files on their own central servers. There would be no way that I'd pay for them to use my storage resources and my bandwidth for the benefit of their other customers. And if I subscribe to it, I want to be able to do with the music as I please. I want to be able to burn audio CDs to play in my portable CD player, I want to be able to burn them to MP3 CD-Rs to play in my DVD or truck. I want to play them on any computer I want, regardless of make or type (e.g. If I download something on my desktop system, I want to be able to freely transfer it to my laptop).

    However, currently with the frenzy of 'Digital Rights Management' junk that recording companies see as a pre-requisite for distributing online music, few or none of these will be possible. Napster's biggest benefit to me wasn't getting music that I didn't pay for, but rather getting music I couldn't pay for by finding otherwise unreleased or unavailable songs from artists that I enjoy listening to, or previewing an album before deciding to buy or not to buy.

    --
    I used up all my sick days, so I'm calling in dead.
  89. Re:Isn't this good too? by Idolatre · · Score: 1

    I don't see another use for a gun than commiting a crime, so they should be banned.

    The difference with napster is that it has legitimate uses

  90. Privacy by IceCreamBrain · · Score: 1

    What about privacy? You won't have any if you are paying napster. They will know who you are and that is not good if you are trading illegal music. I was pro file sharing before but now I am angry. Napster will die; P2P file sharing must survive. Go to other services even if they DO suck. Just use them for the sake of popularization.

    --
    ~~Apathy alert: Approaching the Point of No Concearn
    1. Re:Privacy by Jaysyn · · Score: 1

      Have you tried iMesh? I like it better than Napster. You can resume, it will tell you the availibility of the file, it has bitrate support, etc... The only downside of it that I can see is you _HAVE_ to share your files....and that's not really a downside if you are trying to get a service to take off. (who wants to use a service with nothing to download)

      Jaysyn

      --
      There is a war going on for your mind.
  91. I'm actually surprised.... by RickG485 · · Score: 1

    Sadly, I kinda find this whole thing funny, after all the pro-Napster evangelization I read on this site, paired with the open source evangelization.

    After all, blatantly stealing an artists work IS unethical (yeah, yeah, we've all done it, but still). An artist should have the right to be compensated for their work (or at least have a say in how their work is distributed). Perhaps artists like Metallica who sue their own fans are a bunch of $%*&$-heads, but a vast majority of the non-MTVophile artists haven't done that. Technically isn't that equivalent to violating the GPL? (Here's a really stupid example)Consider if Microsoft created Openster, where evil software corporations could openly trade open sourced pieces of software, then blantly violate the copywright. That would certainly suck.

    I'm not saying that the RIAA is right in charging exorbitant prices and taking away an artists rights, but perhaps Napster should give an artist credit where credit is due.

    (In a perfect world) Maybe if users paid a low low monthly fee for unlimited usage. All the fees are put into a central pot, and once Napster has paid off it's expenses/shareholders, the monies are distributed proportionally to artists based on a percentage of how many users have that artists songs. Just an idea, probably won't happen. Oh well.

    And for all the evangelization, I wonder if Napster ever was about providing free content. Consider, exactly how DID Napster corp pay off expenses before it was bought by Bertslemann?


    --
    If I could think of something pithy to say, I'd put it here. No really.
  92. Lets all get real by AntiBasic · · Score: 3
    Whether or not the actual storage of illegal music is on napster servers, or user computers, is immaterial to this argument. The real question is does the napster service knowingly facilitate the illegal distrobution of copyrighted materials through their service, and to what extent should they be required to fulfill their responsibilities under the law.

    I would like to see someone argue to me that ebay should be allowed to list auctions for cocaine or nuclear materials because they're only "listing" and not involved with the actual transfer. That is utter bullshit; by that logic Osama Bin Ladin, or Moammar Khaddafi, aren't responsible for american deaths just because "they werent involved in the actions, they only indirectly facilitated what happened." Try and make a loophole through that and you end up justifying more than you want to eh?

    If you want realistic discussion lets be realistic, we all know what napster is about. It's obvious that anytime napster wants, they can go through their servers and find listings of copyrighted materials by the thousands. So, to answer the first question; yes, they are knowingly facilitating the download of illegal material.

    The real argument here is: what should napster be required to do to comply with copyright restrictions? _That_ is what i'm interested in hearing argued here. Should they be required to set up a system for copyright holders to request listings removed? Or should it be more restrictive where they are required to compare song names with a database of copyrighted songs? I havent heard much discussed beyond this.

    I use napster, and I pirate software, but I would never make such foolish arguments for such selfish reasons. I'm sick of these discussions about pirating and how stupid the RIAA is. Maybe the RIAA is stupid, but they have the law on their side. Why not discuss the merits of copyright law instead?

    1. Re:Lets all get real by PastTense · · Score: 1

      Let's get real. Do you know of any search service which does not include illegally copied copyright material in its listings? Do you really think you won't find any in Google, Altavista, Yahoo or your favorite search service? So why are you just talking about Napster? Should these sites exclude any listings about Windows except the official Microsoft sites to make sure it doesn't list any warez? It is just not economically nor technically feasible for search engines to deal with copyright issues.

    2. Re:Lets all get real by Darchmare · · Score: 2

      Are you telling me that Mitsubishi, Ford, Honda, Chevy, etc. sell cars without the knowledge that they are used in drive-by shootings, hit and runs, drug trafficking, or similar activities?

      Don't let them know, otherwise they will have to be stopped and we'll resort back to walking from place to place.

      The only difference is percentage (do more Napster users use it to do 'bad' things than car owners use their cars to do 'bad' things?) and by severity (most people would consider so-called piracy much less severe than drive-by shootings).


      - Jeff A. Campbell

      --

      - Jeff
  93. Cover songs and "derivative works" by yerricde · · Score: 2

    Even worse, if I want to be the 500th person to make their own recording of "Yesterday" by McCartney and distribute it via Napster I guess I'm screwed too.

    Except this time it's by the publishers not the labels. Composers' and performers' rights organizations such as ASCAP, SESAC, and BMI in the US (along with a host of organizations in other countries) control cover rights, as a cover can be considered a "derivative work" and/or a "public performance" of a copyrighted work, and there is no longer a public domain to speak of.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  94. Simple solution to this solution: encryption by knarf · · Score: 3

    OK, so Napster (and related services) will have to block RIAA-owned songs? And they plan to recognize those songs by name, and maybe (in the future) by some digital fingerprint? The solvent for this solution is obvious: encrypt everything you share, using some asymmetric algorithm. If someone wants to leech a song from your box, let them first get your key (from some keyserver, somewhere). Obfuscate the filenames. Whatever... This is just to say that the proposed method of keeping Napster/P2P RIAA-'clean' does not work. And I can not see how they can make it work either. The cat seems to be out of the bag, it has produced many litters, and its offspring now roam the planet in search for a home...

    --
    --frank[at]unternet.org
  95. �Moving root servers out of RIAA's reach by yerricde · · Score: 1

    The reason the RIAA has been able to go after Napster, is because of the centralized root servers. Why not just move those servers out of the RIAA's reach?

    They already have.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  96. Isn't this good too? by Mortimer+Snerd · · Score: 1

    Isn't everyone always saying how napster can provide a legitimate service to swap non-commercial MP3's? If all the copyrighted MP3's are removed (yes it's going to be hard to do, but humor me here) then napster becomes 100% legitimate, and this whole mess can pass. Why people are so concerned with our "right" to download copyrighted music is way beyond me. No one here argues that windows should be free because we have linux. But when it comes to music, for some reason it should all be free. Can someone please help me understand that view?

  97. here is an idea by kz45 · · Score: 1

    I wonder if the encryption of the music will be client->client or if it will actually go through the nappy servers (I would think this would be way too much bandwidth). If it's client->client, someone could just figure out the login string, pay for an account, and release a client that can share "free" music. Anyone else using the service and this client would be able to "pollute" the environment with un-encrypted MP3S.

  98. Re:What exactly is going to be blocked? by bwt · · Score: 2

    How about this: everyone knows that the formula is something like
    mp3name := md5(song_name XOR password)

    and the password is emailed around until "they" figure it out and then it changes.

    Oh, and you have to scramble the song itself so that you have to know the password to hear it, so that "they" can't figure out what song it is unless they know the password.

  99. You claim never to have heard of Soundex by yerricde · · Score: 2

    Only 47,000 variations on this track, and 2.5 million songs to go.

    I guess you've never heard of Soundex hashing. (Of course, PayNapster would use something more advanced, but this illustrates the point.) It would also have the side effect of keeping illegal (under US "derivative work" copyright law) cover songs off PayNapster.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  100. �Didn't Trent use to be on TVT Records? by yerricde · · Score: 1

    NI started out on TVT Records, and TVT's partnering with Napster. There's a TVT logo on halo 2 (pretty hate machine).

    Record labels' promises of fame and fortune are a nine inch nails - terrible lie.mp3
    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  101. membership-based service by furchin · · Score: 1

    Barry reiterated that Napster hopes to move to a membership-based service as soon as possible

    Mission accomplished! Everyone on Napster has a username and password :)

  102. Friendly server, in hostile to US country by fargo007 · · Score: 1

    Some countries have traditionally scoffed at US intellectual property laws, and their doing so has been ignored with equal tradition.

    So, why doesn't napster set a network up in one of these countries? BEYOND the reach of US civil law / international agreement?

    - freddy@wissingfamily.com

  103. Re:DRM storage by Lysander+Luddite · · Score: 1

    "What, any files at all? How would you sell hard drives that are that crippled?"

    If the ATA standard has CPRM built in and the content providers put enough pressure on hardware manufacturers to limit the market it doesn't really matter. Which is the crux of my argument.

    "Or you mean files stored in a particular format? In that case you'd just use a different format. Once encrypted the hard drive can't possibly know what's in the file."

    If the content producer/distributor only sells content in one format (say Windows Media Player) and it is illegal to break the encryption to put the content in another format then what?

  104. Anonymous Access Drives Napster's Sharing by pjrc · · Score: 3
    The big problem I see with these changes is that Naspter lives on the (seemingly) anonymous nature of the access. You "sign up" by providing virtually no information about yourself. Sure, we tech-savvy geeks know that all the packets have a unique IP number, and the Napster client is closed source and could be doing literally anything behind the scenes, but...

    To ordinary users, approx 50 million of them, Napster feels like it's almost completely anonymous. You make up a fake name and provide virtually no identifying information. Feeling like nobody knows who you are, it's pretty easy to stick those CD into the drive and rip them into MP3s, or at least share the MP3 files already downloaded.

    When payment is required, all the comforting anonimity goes away. You'll have to send money, probably with your credit card. You'll almost certainly have to provide your address, since they'll want to do address verification. Now they know who a particular user is. Even if they are able to know user's true identity today, to the millions of Napster users with files in their share folder, it "feels" like nobody can tell who you are. It feels like the worst that could happen by sharing that Metallica song is getting your (free and anonymous) account terminated, and you'd just sign up for another one. It "feels" like nobody could ever trace it back to you and threaten you with legal action. To the millions of Napster users today, it feel like it's completely impossible for the cops/lawyers to ever know it was you. It seems completely free of any risk of ever getting "caught".

    It's hard to imagine that such a large number of people will rip CDs or share files that they know are copyrighted, when they've provided their name, home address, credit card number, and maybe even their phone number. My prediction is that the loss of the comfortable anonymous atmosphere will be the death of Napster, not the money itself or annoying copy restrictions. Those just won't matter if the service lacks the right atmosphere that appeals to the sharing (aka pirating) mentalitiy, and that critical atmosphere is (seemingly) anonymous access.

  105. What happens when you reinstall napster... by malfunct · · Score: 1
    The thing I hate with window's media player's music rights protection scheme is that if you reinstall the OS and then reinstall windows media player, you can no longer play your music because you lose your "licence" directory.

    I can only assume that every time napster gets nuked on your machine, you can throw away ALL the songs you downloaded because they won't play. I think that sux.

    --

    "You can now flame me, I am full of love,"

  106. Napster makes money, but the users do all the work by Oberon · · Score: 1

    I really don't see what Napster would offer to paying customers. I mean they plan to charge you to download songs that are stored on other users' computers, using other users' bandwidth, and perform their encryption using users' cpu time.

    If it costs me nothing to download a song, then I don't mind allowing people to download songs from me - a mutually beneficial thing. But why should I upload a song to someone else just so Napster can make money off it.

    It sounds like a raw deal to me.

  107. So what? by fhwang · · Score: 2
    I'm not sure why we care so much what happens to Napster. Every part of the network has been cloned open-source, so Napster the company can go bankrupt tomorrow and it won't change a thing. Here's my prediction of what will happen:
    1. Under legal pressure, Napster implements subscription fees, anti-RIAA-copying measures, etc., etc.
    2. All the users say "Damn, Napster sucks now."
    3. The few clueful users who know about using a Napster client with Napigator and OpenNAP tell their friends about it, and the word spreads quickly.
    4. The RIAA tries to sue, but realizes that since all the technologies they're trying to control are open-source, stopping every service provider is a nearby impossible demand.
    5. The RIAA is crushed under the weight of its litigation staff, and ceases to be. The end.
    The RIAA might have done better to be a little friendly to Napster and just try to control it. There's going to be a day when they miss having one central enemy to push around.
    1. Re:So what? by ShinyObjectsAndYarn · · Score: 2

      In a case like this, I imagine the RIAA would pick one of the bigger OpenNap servers and make an example by taking them to court. I'm sure some guy with a DSL line won't be able to put up with the RIAA's unlimited legal fees, and most other OpenNap servers would fear the worst and close.

      -Jeff

  108. Re:Probably not by elflord · · Score: 1

    I think the point is to steer the more law abiding folks in the right direction. It's pretty hard to stop the hardened criminals. (and indeed, the ends would not justify the means)

  109. Re:Audio Fingerprinting by kju · · Score: 1

    Remember we are taking about things napster may do, because they are enforced to do. So if the RIAA will force them to use for example audio fingerprinting, they can also enforce them to not accept files "which do not make sense". By doing some short analysis you can find out, if a file is actual music or only crypted data.

  110. Secure Audio Path prohibits digital loopback by yerricde · · Score: 2

    ...when I run a wire from my sound card's digital out to the digital in and hit record?

    You'll get nothing useful. The Secure Audio Path (available in Windows ME and Windows XP) won't play through unsigned drivers, signed drivers turn off digital outputs when Secure Audio Path is open, and some labels may require Secure Audio Path for playback. You'll have to use analog, but with a good setup, analog doesn't suck as much as the sheeple think it does.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
    1. Re:Secure Audio Path prohibits digital loopback by SmokeSerpent · · Score: 2
      1. decompiler / hex editor
      2. soldering iron
      3. "seti@home" for the MS driver signature
      --
      All kings is mostly rapscallions. -Mark Twain, The Adventures of Huckleberry Finn
  111. Hey everybody, look! by [wy1d] · · Score: 1

    Slashdot actually mirrored something!

  112. Re:Name scrambling client? by elflord · · Score: 2

    How would you decrypt the names ? If you couldn't do this, it would be useless. The problem is, how could you allow joe bloggs to do it without allowing Napster inc. to do the same ?

  113. Re: not anymore! by AFCArchvile · · Score: 1

    Trent ditched TVT. The last official NIN album to bear the TVT logo was Further Down the Spiral. Now, his official publisher is Nothing/Interscope.

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  114. Maybe the RIAA could use CDDB. by AFCArchvile · · Score: 1
    Napster may have to block all 2.5 million of the RIAA's songs, as soon as the RIAA can figure out all their names.

    Hey, maybe the RIAA could use CDDB to do that!

    Oh, wait a minute, they refuse to use anything associated with mp3. Too bad, they'll have to toil for years then.

    --
    "Ancillary does not mean you get to rule the world." --U.S. Circuit Judge Harry Edwards, speaking to the FCC's lawyer
  115. �Put your band on MP3.com by yerricde · · Score: 1

    Isn't everyone always saying how napster can provide a legitimate service to swap non-commercial MP3's?

    If you want people to hear your non-commercial MP3s, get hosted. I helped my brother's metal band get on MP3.com. The high-powered MP3.com servers and connection are much more reliable than the 56K modem of some Napster user in Zimbabwe.


    All your hallucinogen are belong to us.
    --
    Will I retire or break 10K?
  116. file obfuscation server by Coward+Anonymous · · Score: 1
    It is conceivable to have a name obfuscation server to allow secure file renaming such that the original name cannot be easily deduced from the obfuscated name. Usage would be as follows:
    1. user opens 'obfuscate' client, types in title and performer name: Enter Sandman, Metallica.
    2. client server exchange
    3. 'obfuscate' client returns the obfuscated name: '12f64723ff.mp3'
    4. user uses Napster to search for '12f64723ff.mp3'
    5. user renames to whatever he likes
    For the absolutely paranoid, the following steps could be taken to disallow 'abuse' by big labels:
    1. strong cryptography for the name obfuscation.
    2. to disable rapid mapping of files - deliberately slow server response or a client intensive authentication mechanism such as Hashcash.

    It would be possible to map part of the renaming scheme and ban certain files but if the implementation is done right, it would be too difficult to do on a massive scale.

    Comments?
  117. Too much by florin · · Score: 3

    Going to subscription based would've been enough of a viability challenge. Most people will already forget Napster when that happens, but I hope that some would stay, and it might well both become profitable as well as still be an enjoyable experience.

    Now this announcement comes and for the first time ever I'm really starting to worry about Napster's future. Everyone wants real MP3s and the flexibility that comes with them. Computer users may already be beaten into submission when it comes to dealing with copy protection (insert your cd now) but it won't fly that easily in the audio world. This kills any intention I had of joining their service.

    Worst is the record companies will claim 'Look, we tried to sell music online, and it didn't work'. Not surprising when what you buy online comes with restrictions that aren't present in other media.

  118. Re:Name scrambling client? by bacchusrx · · Score: 1

    Hm!

    *fumes.*

    BRx ;-)

    --
    Life after capitalism? The participatory economics project
  119. Audio Fingerprinting by kju · · Score: 1

    Don't take this too easy. Of course the RIAA will not be able to identify their songs on a name base, this will not work reliable. But audio fingerprinting techniques are on the way, and that might really work...

  120. Free Song Archive? by Alien54 · · Score: 2
    Given this story earlier this morning here on slash about the existence of an Internet free Movie Archive, does anyone know of the existence of an Internet Free Music Archive?

    With everything that is going on, if such at thing does not it exist, it is something that should. And it represents a wonderful opportunity.

    --
    "It is a greater offense to steal men's labor, than their clothes"
  121. I bet record sales actually go down by JohnnyDoesLinux · · Score: 1

    From what I understand, record sales actually increased EVEN with Napster "ripping" them off. My group figures that the Napster allowed people to hear what they wanted, and then bought CDs with the tracks they previewed.

    Some people that never buy CDs will also not pay for a subscription, that will not affect sales, but not allowing previewing, I believe that will hurt.

    Johnny
    (I would gladly bet YOUR life on my ideas)

  122. One thing I haven't seen anyone mention.... by Sancho · · Score: 2

    It's fairly obvious that only Napster will play back the encrypted mp3s. Sucks to be winamp. And of COURSE there will be no way to play these on alternate OS's....

  123. Re:Not worried. by thatmoron · · Score: 1

    I truly hate this attitude. I'm constantly listening to people say things to the effect of "It's illegal technically, but everyone does it" or... "I only do it because cd prices are too high"
    I just do not get it. Safety in numbers? This must be the same attitude taken by murders in the city...."Well, I know its illegal to shoot that guy, but all my gang member friends are shooting people, what are the police gonna do, arrest us all?" And no...im not saying that downloading from Napster is like Murder.
    Im saying im sick of people with that attitude toward ANYTHING. Be it shoplifting, or downloading music. Im just sick of this Attitude where people DESERVE whatever they want for free.
    Come on. I buy my cds, I think the cd prices are a bit high, but not unreasonable. If they were un reasonable I would not purchase them. And I wouldn't steal them.
    This rant went a little longer than I intended. Sorry about that.

  124. Hmm, I agree. Analog could work.... by PsionicMan · · Score: 1
    Being the early adopter that I am, I've already picked up some cutting-edge equipment to play back analog music.

    It's called a 'record player'. See, it's like a CD player, but with a 'needle' instead of a laser. This needle thing then moves around the record (which is a circular black object) in a 'groove' which has 'bumps'. It's in these bumps that the song is stored, in analog form.

    I wholeheartedly agree with this tactic to stop the RIAA's madness, and I'm changing over most of my music from CDs to this technology.

    It's taking longer than I expected, though. I've purchased most of my Bee Gee's albums in this new format, but little else in my CD collection. I just can't find any of them. It's probably because of the relative youth of the technology.

    Being an early adopter is hard sometimes.

    --Psi

    Max, in America, it's customary to drive on the right.

    --

  125. Re:What exactly is going to be blocked? by Wesley+Felter · · Score: 2

    To mark a file as freely distributable, an artist would have to sign it with a digital certificate and indicate what kinds of right he would like to grant.

    OK, I'll be sure to sign all the MP3s I have as freely distributable. Of course, I didn't actually create those MP3s, but how is Napster supposed to know?

  126. DRM storage by Lysander+Luddite · · Score: 1

    I agree that most napster users will move to other apps to get their free music fix. But what if the hard drives and other storage mediums don't allow files to be stored that aren't signed with some sort of industry certificate?

    I'm talking about things John Gilmore's article :http://www.toad.com/gnu/whatswrong.html or Microsoft's DRM built into XP/Whistler.

    Doesn't matter if I have the right to do such things if the hardware industry doesn't allow the market to have such things. I'd hate to have to go the China to get such things (and unlikely in the near future given their pending WTO membership status).

  127. What exactly is going to be blocked? by geophile · · Score: 5
    There's a big difference between the song (which the RIAA might want to remove from Napster) and the name on a file that may or may not contain that song. Suppose the RIAA says that "Seek & Destroy" by Metallica is copyrighted and has to be blocked by Napster.
    • If I have "Seek_and_Destroy.mp3" does that get blocked?
    • What about "Metallica_Seek_and_Destroy.mp3"?
    • What about "Metalica_Seek_and_Destroy.mp3"?
    • What about "Metallica_Seek_n_Destroy.mp3"?
    • What if I rot-13 the file name?
    • What about "yortseD_dna_keeS_acillateM.mp3"?
    • What if I one-way-hash the file name with a well-known algorithm?
  128. Napster in space. by somerandomchars · · Score: 1

    A recipe for sticking it to the man:

    Combine righteous hacker outrage with cheap amateur satellites and mix in an open sharing standard that already has the critical mass needed.

    Bake for a few weeks, and voila. File sharing for all, without the overhead of legislation.

    --
    "The genes are the master programmers, and they are programming for their lives" - Richard Dawkins
  129. Song Names by chris.bitmead · · Score: 1

    There are just zillions and zillions of different songs with the same name. And if tomorrow I want to write and record my own song with the same name and distribute it via Napster then I'm screwed. 2.5 million songs must almost exhaust the possible name space of possible titles.

    Even worse, if I want to be the 500th person to make their own recording of "Yesterday" by McCartney and distribute it via Napster I guess I'm screwed too.

    Silly silly courts. Silly silly RIAA.