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99% Blockage Isn't Good Enough, Says Napster Judge

Masem writes: "Articles at CNET and CNN say that Judge Patel has ordered Napster to remain offline until they can offer 100% blockage of copyrighted songs by the plaintiff record companies. Napster officials said that they can guarentee 99% complience, but Patel says this is not good enough. Napster is arguing that this order violated the appeals court's ruling, and are appealling it."

273 comments

  1. people's unwillingness to face statistics by Anonymous Coward · · Score: 1

    It seems to me that people in this country have a reluctance to face facts and numbers. We deal with statistics and decisions about worth each day, and it's just unrealistic to draw absolute prohibitions on things like this. There will *always* be someone out in the 9-sigma tail who can defeat your algorithms. But in so many debates, you encounter people who won't compromise over "even a single case" at the expense of everyone else. Let's face it -- these kinds of calculations are made every day by car, health, life insurance companies, large corporations, the government, and I'm sure they don't hold themselves to a 99.9% standard of success... And we don't see lawyers mounting nearly as costly a fight as the lousy record companies have over this. Get your priorities straight...

  2. The New Napster by Anonymous Coward · · Score: 1

    Fine!!! Deal with it. Napster and its networks are shutdown by the courts, but that certainly doesn't mean that new and better clients with peer-to-peer functionality are not available. Bear Share and AudioCity are OK, but do not nearly have as much of the wealth of files to search as Napster did. There is one though with around 200 TB of information!!! Go to http://www.kazaa.com. The technology is such that neither search requests nor actual downloads pass through any central server. The network is multi-layered, so that more powerful computers get to be search hubs. I CAN'T STOP DOWNLOADING!!!!! Work productivity is coming back down!!!

  3. Re:Down to 4-5 CDs/year by Anonymous Coward · · Score: 1

    And I'll bet there's a lot of eclectic or classic jazz music that you would have never heard before if it weren't for Napster. That's how it was for me. Now I have to go back to listening only to the bands I know so I don't waste $15 on a CD that I'm not allowed to preview in mp3 format.

  4. Re:Good, for Napster. by Anonymous Coward · · Score: 1
    It's called copyright law. You see, there's this thing called "Democracy" and a thing called a "US Constitution".

    Here's the idea. Democracy is this wonderful thing whereby the people can be represented by a government, and where we can create rules for, say, commerce, etc, that everyone agrees to abide by. The constitution thingie - well, that makes the democracy legit, and tells us how far our government is allowed to operate.

    And lo, one of the things this "constitution" allows our government, the government elected by us, answerable to us, and with a duty to represent us, to regulate is copyright. It allows, specifically, for the government, our government to secure for artists monopolies in the redistribution of their works.

    Our government, which represents us, has said this to the artists: "If you, the artists, spend time and effort and money producing art - music, books, even movies and TV shows, we, the people we represent, will not go around copying your stuff for a limited time - each of us will pay you when we want to possess a copy of our very own of the work you have done for us."

    Now, one can argue if one likes that the terms of the contract are currently unfair, that the time periods are extraordinarily long, that corporations that produce "art" shouldn't be treated the same way as artists, that most artists have signed up with distribution agents - such as the RIAA - that make fools of them. But what we can't deny is that we made that promise, through our elected representatives, and we have to follow it through. We have no RIGHT to download anything from anywhere where we do not have the express permission of the artist unless, and this is unlikely, it has gone into the public domain.

    Was it a troll? It was an unsubstantiated comment which is clearly wrong, both in a technical "no, it's not a right" and a morally abhorent "We have the right to rip people off!" way.

    If you don't like the system, you must work to change it. You must get involved in the politics, lobby your politicians, your elected representative, and get the terms of the contract changed. But you can't just stand alone and say "I don't like it, so I'm going to treat it as my right to break that contract that my representatives agreed with the artists."

    There is a case for civil disobedience. When a person cannot live a reasonable life any longer, has no control whatsoever over the powers that decide his or her future, then those laws must be challenged. Breaking easily complied with laws, which were justly proposed and agreed to, is wrong. And haplo21112 is either a troll or a kook for saying otherwise.

  5. Stop 100% of guns from being used in crimes. by Anonymous Coward · · Score: 2
    You can't do it without banning guns, which is unconstitutional. Is Napster a forum for free speech? If so, you can't stop 100% of piracy without banning cree speech.

    --
    "No one can gurantee the actions of another." - Spock

    1. Re:Stop 100% of guns from being used in crimes. by revengance · · Score: 1

      Then banning of napster will only mean that 100% of napster usage are illegal which is not so. So are we talking about two-faced justice or are we talking about justice can be bought?

    2. Re:Stop 100% of guns from being used in crimes. by jsin · · Score: 1

      Banning guns will only mean that 100% of gun use will be criminal, it will have no effect on the percentage of guns used in crimes.

      How many morons would use a legal, registered gun to commit a crime? Not too many.

    3. Re:Stop 100% of guns from being used in crimes. by gordon_schumway · · Score: 1
      ...you can't stop 100% of piracy without banning cree speech.

      I fail to see what piracy has to do with Cree speech.

      --

      Ha! I kill me!

    4. Re:Stop 100% of guns from being used in crimes. by TeraCo · · Score: 1
      How many morons would use a legal, registered gun to commit a crime? Not too many. The job of policing 'illegal gun owners' would certainly be easier if all guns were illegal.

      In fact, if you want to take it to the logical conclusion, we should make guns illegal, and make the penalty for being in possession of one 20 years in prison.

      I think you would find that criminals would start 'leaving the guns at home', if getting caught means their jail sentence would be tripled.

      --
      Not Meta-modding due to apathy.
    5. Re:Stop 100% of guns from being used in crimes. by qarzayba · · Score: 1

      Stealing music has nothing to do with free speech. If you say something and you want it heard, you will do so. However, the RIAA doesn't want its music heard (at least not for free).

  6. Re:Opt-in by Alan · · Score: 2

    Do the artists believe this or do the /record companies/ believe this? Personally I'd guess that the artists don't fully understand the technology or the potential of the technology. If you went and asked the artists, after explaining the main points about how try-before-you-buy works, how people buy cds based on napster downloads (yes, I have), and how this is a way to get their music out to billions of people, I think they might say different things.

    Chances are they are informed by their lables that napster is evil, is stealing money from them (I'm sure that the label glosses over the bit where they get the lions share of the artists income) and then of course they come out with "I want my stuff off napster!"

    This is expected from the boy bands, britney spears and the like who aren't really artists (IMHO) and who are just there to make money, but the real artists out there, who actually care about their music might sing a different tune (pardon the pun) when they see the potential for distribution.

    A while back there was a story on pirating in china and how there they *want* their music to be pirated, as it leads to more sales, more fans, and more concert goers (where they make the bulk of their money.

  7. Re:BAD analogy by extra88 · · Score: 1

    Your point about the insane forfeiture laws in the US for drug crimes is well taken but I think landlords are exempt. If drugs were found in a rented room of your house, the house could be seized (arrested actually) but an apartment building couldn't. Could you imagine the feds seizing an entire apartment building in the projects? Where do you draw the line between apartment building and house? I don't know, but such lines are drawn in many areas of the law.

  8. Re:The next phase of the war should start soon. by jedidiah · · Score: 1

    I'm more worried about the RIAA getting more money to buy bad laws than my favorite bands get for actually being creative.

    Besides, the House of Blues is much more fun.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  9. Re:100%? by jedidiah · · Score: 1

    Ok, fine then.

    Lets shut you off from your ISP, University or whatever other common carrier(s) you might be connected with and through.

    If you allow them to demand the last %1 here, the rest of the net might as well be turned off.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  10. Re:Argh... by jedidiah · · Score: 1

    You simply have no clue. Real courts generally don't operate under this draconian fantasy you have. Napster is not the perpetrator. Their customers are. The real question should be what is REASONABLE. It is not generally required that someone like Napster operate the equivalent of flanders.net.

    Besides, copyright law is far less simple than you realize. It's probably even less simple than the judge realizes that. Such things are not unprecedented in IP law (judges clueless of law as well as technology).

    --
    A Pirate and a Puritan look the same on a balance sheet.
  11. Re:Insane... by Amphigory · · Score: 3
    "just because blocking infringement is hard or impossible to do, the judge should just let Napster continue trafficking in infringing material "
    Wow... That's original. Let's apply that in other areas, shall we?

    How 'bout: just because blocking child pornography is hard or impossible to do, we should allow printing presses to continue to be sold?

    Or: just because distinguishing between legitimate protected religious action and cult behavior is difficult to do, we should allow people to sacrifice goats?

    Or: just because you're 99.9995% sure that this hunting rifle will be used on deer we should allow you to have it?

    Or: just because hate-speech is impossible to distinguish from political expression, we should allow it?

    Or: just because the PRIMARY USE of this hammer is to build houses, not kill people, we should allow you to own one?

    Do you really believe that it's okay for government to restrict anything that MIGHT be used in an illegal way?

    --

    --
    -- Slashdot sucks.
  12. It remains to be seen that they DID violate... by Svartalf · · Score: 2

    The appeal is under way and the appeals court told Patel that she couldn't quite ask for what she was asking for- and this new twist may well be in violation of the higher court's order in that regard.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  13. Guilty as charged.... by Svartalf · · Score: 2

    The phrase SHOULD be...

    checking them at the door...

    It is ironic that a spelling/grammar flame would mis-spell "grammar".

    In my case, it's a typo.

    In your case, well...

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  14. That would be about the only way I'd buy a CD... by Svartalf · · Score: 3

    Put the money in the artist's pockets- that is what I want to do. That, and pay a fair share for the production thereof. If I buy from local bands, etc. at their shows that's what transpires. If I buy from a record store, most of my money goes to people that had little to do with the music I'm buying. I don't like that.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  15. Re:That would be about the only way I'd buy a CD.. by Svartalf · · Score: 3

    Because the music industry charges usurious amounts and the food, etc. industries usually don't. Because of this, I choose to not deal with them. Largely speaking, I do the same where possible with the print industries as well.

    As to your second paragraph, ever read Courtney Love's rant? It's closer to the truth than you think and it pretty much invalidates your claims- because the record labels were the gatekeepers, if you didn't play by their rules and sign, you pretty much didn't get to play in the game at all.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  16. Reasonableness? by Svartalf · · Score: 4

    The system has sufficient non-infringing uses, they guarantee 99% compliance (which is worlds better than everything else out there...) and Patel's still not satisfied.

    Should we say that Patel's biased at this point and remand the situation to another Judge- she sure isn't acting with neutrality or anything like that.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:Reasonableness? by Juggle · · Score: 1

      Hmm, I know of a few car lots that can't come CLOSE to that guarantee :)

      --
      --- Juggle juggle@hitesman.com
    2. Re:Reasonableness? by kubrick · · Score: 1

      What "judge" Patel did was decide that Napster committed "contributory" (secondary, tertiary, and perhaps quaternary) infringement, and MIGHT benefit commercially sometime indeterminately in the future.

      Not to go against the rest of your points (I think the judge has proven hereslf to be pretty biased), but there was a definite INTENT to benefit commercially. Otherwise they wouldn't have been riding that ol' dotcom roller-coaster, would they?

      --
      deus does not exist but if he does
    3. Re:Reasonableness? by kubrick · · Score: 1

      In that case, the best analogy would be someone who builds a road, then puts a toll booth on it. The owner of the road has no idea how many stolen cars travel on it, but clearly intends to benefit by the traffic regardless of legality.

      I'm actually surprised that the VCR defense didn't work in this case. (i.e. substantial non-infringing use is possible given the implemented model) That it didn't probably proves how biased the judge is... however, I still think Napster deserved to get smacked down on a moral level, as their business model involved profiting from piracy of IP. (If it doesn't, then they should do fine even after this court case finishes, and the audio-fingerprinting is instituted.) Of course, the fact that people like the RIAA are on the other side means I don't want to be supporting them, either... but they'll be in a world of pain for a long time yet, thanks to P2P and other (future) technologies.

      --
      deus does not exist but if he does
    4. Re:Reasonableness? by Nezumi-chan · · Score: 1

      In that case, the best analogy would be someone who builds a road, then puts a toll booth on it. The owner of the road has no idea how many stolen cars travel on it, but clearly intends to benefit by the traffic regardless of legality.

    5. Re:Reasonableness? by ThomK · · Score: 1
      Nooooo

      Because 1% of 1 million is 10,000.

      So that means Napster is saying that they want to have 1% of the total capacity of all those client/servers to have 'illegal' music. Which means one out of every 100 bullshit songs I have on my computer (shared) 1 can be an illegal song, which equates to about 10, right now.

      I think 100% is a better idea, and napster surly has the technology to conform. Otherwise they could house, say, 3 months of the latest most popular music, legally. They could have all the 'new' music from the last year.

      I'm as sad to see Napster go as anyone, but I think legally she is making a smart decision.

      --

      TK

    6. Re:Reasonableness? by entraxon · · Score: 2

      Hello yourself. Judges don't enforce the law, but even beyond that, "judge" Patel (and I use that term in her case with total contempt) has stepped well outside the bounds of judicial propriety. Napster did NOT engage in the infringement of copyright, nor did Napster enjoy any commercial benefit. Both of these conditions are absolute and mandatory requirements in order to render a judgement against them. What "judge" Patel did was decide that Napster committed "contributory" (secondary, tertiary, and perhaps quaternary) infringement, and MIGHT benefit commercially sometime indeterminately in the future. None of this was proven, nor did the RIAA ever demonstrate any actual damages or prove any specific infringement. So what you have is a "judge" who cares not one whit about the law, ruling upon conjecture and hypothesis, requiring conditions not imposed on any known human activity. To use your analogy, no car dealership can actually assure that 100% of their cars aren't stolen (obviously, based upon past incidents, there are a few that slip through) although you can always attempt to prosecute them if you end up with a stolen car and suffer some problems resulting from that. However, if they can show that they did not knowingly handle the car as stolen, they can't be held liable for the act of stealing it or for "aiding and abetting." What "judge" Patel did was to say that you, however, could be convicted for "tertiary" stealing of the car, since you bought it from a "secondary" thief (the dealer, whether he knew anything about it or not), but the original thief gets off scott free. And so on. Bias isn't the right term to use in conjunction with Patel. Blatant judicial misconduct, contempt of the law, malicious malfeasance, and just plain stupidity come to mind here. I, for one, believe that she has committed a gross miscarriage of justice that should entitle her to immediate removal and disbarment.

      --
      Cogito Tute (desiderata nostra eriximus, vestra nunc erigite)
    7. Re:Reasonableness? by terrymr · · Score: 1

      The judge may likely get some heat for this her previous remarks and orders give some appearance of bias but in reality the appeal court will simply vacate and remand back to her. Although I'm not sure what the appeal courts position will be on a jusge effectively reinstating an order they had vacated - they might get a bit grumpy about that.

      Not to mention the independant artists who have lost a distribution channel for their work because of an overzlealous judge making orders that don't stand up to legal scrutiny.

    8. Re:Reasonableness? by davcorp · · Score: 1

      It appears to me (am I goggling?) that Judge Patel's decision reflects his(her)total lack of understanding when it comes to technology. How in the world could any "public" entity stop any teen hack, 3733T, script kiddie from obtaining anything they want online.. let alone me :).... It's just unfortunate that the entity known as Napster has put up with public war machine....Stupid Biatch!.....

      --
      Gravity!... It's not just a good idea... It's the Law!
  17. In a different judicial order... by Svartalf · · Score: 5

    The Supreme Court ordered that /. posters stop posting until they verify all their facts instead of checking the at the door.

    Patel is a SHE.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:In a different judicial order... by tshak · · Score: 2

      The Supreme Court ordered that /. posters stop posting until they verify all their facts instead of checking the at the door.

      In a similar ruling the Supreme Court ordered that /. posters use the "Preview" button to ensure 100% spelling and grammer compliance.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  18. Re:BAD analogy by thenerd · · Score: 1

    That is the most insane law I have ever heard of in my life, second only to having your hand chopped off in Saudi Arabia for stealing.

    I can't get over how insane that is.

    thenerd.

    --
    The camels are coming. I'm in love.
  19. Copyright is not socialist! by Watts+Martin · · Score: 2

    NEVER EVER pretend that copyrights and patents are about freedom.. they are socialist in nature.

    No, they are explicitly capitalist in nature. They are limited-scope monopolies on reproduction. Without the ability (according to the theory) for an artist to assign publishing rights to one and only one publishers, and to enjoin other publishers from also reproducing their work, the artist cannot be guaranteed compensation for that work. The entire point of copyrightz was, in fact, to empower artists in a manner which is a near antithesis of socialism:

    socialism n.A political and economic theory or policy of social organization which advocates that the community as a whole should own and control the means of production, capital, land, property, etc. (The New Shorter Oxford Dictionary)

    The majority of socialists advocated a philosophy they saw as a way to increase freedom: if everyone owns X, no one has a right to restrict X. This is partially what most defenses of Napster boil down to; the insistence on a "right to share" isn't too far away from what early 20th century anarchists and libertarian socialists argued. (It is qualitatively different from Marxism, which instead advocated a duty to share.)

    As a postscript: no, I can't think of any attempt to fully socialize an economy that didn't end in disaster, either. How this applies to copyrighted file sharing is left as an exercise for the reader.

    1. Re:Copyright is not socialist! by nyet · · Score: 2

      Sorry, i really should have clarified my line of thinking.

      I realize copyrights aren't socialist per se, but the line of thought that leads to them is somewhat related... if only as a "solution" to the common good/free rider problem. So technically, I concede the point. Copyrights != socialist basically ;)

      A truly "socialist" solution to the problem that copyrights "fix" would be to nationalize all inventions and writings and turn ownership/control of them over to the state for "free" distribution, the cost of which would be paid entirely by government subsidies.

      Not convinced this would be better than our completely hopeless copyright/patent system, however.

  20. Re:Big News by Art+Tatum · · Score: 1
    The match wasn't how they found Larry

    That's why he said, "in the absense of all other evidence."

  21. Re: the judgement is insane -- if not then, now. by Art+Tatum · · Score: 1

    So, since the usage has dropped 90%, we can assume that it's no longer being used for infringing purposes.

  22. Re:That would be about the only way I'd buy a CD.. by Art+Tatum · · Score: 1

    This is correct. The RIAA members have a cartel. They have exclusive distribution and promotion deals. It's not a monopoly because there are many companies. Unfortunately, almost ALL of them are either members of the RIAA or are subsidiaries of companies that are RIAA members.

  23. Re:Why I like Napster by Art+Tatum · · Score: 1
    I did publish some stuff, such as Bizet's Farandole, but the copyright has long since expired

    This is incorrect. Even though Bizet doesn't have a copyright on this work, the recording label that recorded it DOES have a copyright.

    Everything else you said was correct, however.

  24. Re: the judgement is insane -- if not then, now. by Art+Tatum · · Score: 1
    Yep, same thing with armor piercing bullets (you know, some deer have thicker hides than other, you gotta be sure)

    You forgot to mention the case where some losing crook wearing kevlar decides he wants my head. I want something that will kill that asshole DEAD. IMMEDIATELY.

  25. Re:Big News by Art+Tatum · · Score: 1

    No, I wasn't talking about you. I was talking about the guy before you.

  26. Re: the judgement is insane -- if not then, now. by Art+Tatum · · Score: 1

    I don't know. I'm sure that they're being used though. Criminals have AK-47s and flame throwers, why not kevlar? Of course, those criminals are more likely to be in the mafia or Black Panthers but still...

  27. Re:Isnt this just the deathknell for them? by Bob+McCown · · Score: 1

    Thank you, Shylock...

  28. Isnt this just the deathknell for them? by Bob+McCown · · Score: 3

    How can they assure 100% compliance? Someone, somewhere, will post a file that gets by the blocking software somehow....

    1. Re:Isnt this just the deathknell for them? by Stonehand · · Score: 2

      One way that I could see it is opt-in: IOW, an artist produces an .MP3's, and sends it to Napster with documentation suggesting identity and authenticity. This, then, can be traded. Likewise, the RIAA could furnish official .MP3 versions which are explicitly licensed to Napster... then, only files whose time/frequency fingerprints and, say, CRCs matched known ones would be permitted.

      --
      Only the dead have seen the end of war.
    2. Re:Isnt this just the deathknell for them? by Moonshadow · · Score: 1

      The fact of the matter is, they can't guarantee 100% blockage. This order is essentially a non-direct deathblow to the entire system. Not that it wasn't dead already.

    3. Re:Isnt this just the deathknell for them? by connorbd · · Score: 2

      I think the precise concept you want is "pound of flesh".

      /Brian

  29. If they want 100% ... by ananke · · Score: 1

    napster needs to tell this guy: we'll provide 100%, if your sperm can perform the same way ...

    --
    --- d'oh
    1. Re:If they want 100% ... by kubrick · · Score: 1

      If you're going to make a crude comment, why not check the gender of the judge first?

      Jackass.

      --
      deus does not exist but if he does
  30. Napster? by Pac · · Score: 2

    Wasn't it last week that Napster was officially considered dead and, its "beyond-the-grave" loquacity notwithstanding, unworthy of further notice? Have the nice editor forgot?

    The 2-5 Napster users remaining, if consulted, would probably answer that they continue using Napster because "it the greatest music trading service out there and hey, we work here".

    The rest of us have already migrated to greener networks.

  31. Re:Insane... by MAXOMENOS · · Score: 2
    I know this system would be a pain in the tuckus. It would involve Napster officials checking every submitted song to make sure that the submittor actually held rights to the music, or that nobody held rights to it.

    That's what I thought at first myself.

    But, the involvement of human beings in the process does not remove the potential for error. In practise, all that it does is buy you better process justifiability before a judge or similar technologically illiterate decision-maker, at the expense of a lot more time per song, a lot more money per song, and (probably) a worse false negative rate. Anything on the scale of Napster has to be automated. Even if Napster weren't that big, it wouldn't be perfect.

  32. Insane... by MAXOMENOS · · Score: 5
    Apparently this judge doesn't understand the technology required to ensure compliance with the court order.

    Checking that a music file (X) matches another music file (known copyrighted material Y) is a matter of doing a checksum, or otherwise scanning features of X and checking them against features of Y. If the files are exactly the same then you can do a CRC on each file, and if the checksums match, you have a 1-in-four-billion chance that the two files are *not* the same.

    But the two files being exactly the same is one hell of an assumption. An intrepid music pirate could feed Y through some kind of distortion to produce Y', which would look different to a CRC. That means you have to look for features in the sound itself. Even with the algorithm produced by the genius 20-year-old, I am very doubtful that you'd have 0% false negative rate. There's always going to be something crawling through. That's the nature of pattern recognition.

    I think the judge has made this court order impossible to comply with, barring one option: Napster closes down. That strikes me as more than adequate grounds for appeal.

    1. Re:Insane... by ethereal · · Score: 1

      It's a different genius 20-year-old who came up with the audio fingerprinting technology. You're correct that it's not Shawn Fanning.

      --

      Your right to not believe: Americans United for Separation of Church and

    2. Re:Insane... by renderhead · · Score: 1
      There is an alternative to shutting down completely that will still comply with the order. If Napster switched to opt-in filtering instead of opt-out, the ruling could be obeyed without maintaining a perfect database of all copyrighted material. If a musician wants his or her music to be distributed via Napster, they send notification to Napster, along with the necessary information to identify the music to the filters, and the music is allowed to be shared. If at some point in the future, a record company wants its artists to be available on Naptster, it tells Napster to allow it and presto! The files are available to be shared.

      I know this system would be a pain in the tuckus. It would involve Napster officials checking every submitted song to make sure that the submittor actually held rights to the music, or that nobody held rights to it. There would be the real potential of songs getting wrongfully blocked. But as Maxomenos pointed out, the alternative is total shutdown.

      --
      I wish that my inferiority complex were as good as yours.

      -RenderHead

    3. Re:Insane... by renderhead · · Score: 1
      If you do that, you will never hear a song critical of Napster, or critical of Napster's business partners. In fact, you won't hear anything unless Napster approves of it.
      That's certainly a possibility, but my prediction is that the whole process of validating songs would be such a pain in the ass that they wouldn't have time to screen songs based on content, only based on legality. In the end, it wouldn't matter. If Napster tried to censor the material, they'd lose more users than they already have, and considering that they aren't the only game in town, I say let 'em censor away. I'll simply go elsewhere.
      --
      I wish that my inferiority complex were as good as yours.

      -RenderHead

    4. Re:Insane... by tmark · · Score: 2
      There's always going to be something crawling through. That's the nature of pattern recognition.

      So just because blocking infringement is hard or impossible to do, the judge should just let Napster continue trafficking in infringing material ? Should she be happy that Napster gave it the old college try ? The difficulty of preventing an illegal act is irrelevant to whether or not Napster should be allowed to continue facilitating that illegal act. To argue in the extreme, someone might be an incorrigible pedophile/rapist/bankrobber/shoplifter. Should that person be free if he is successful in curbing his activities 99.9% of the time ?

    5. Re:Insane... by ryanvm · · Score: 1
      Even with the algorithm produced by the genius 20-year-old...

      Wha? I hate to break it to you, but if you think that Shawn Fanning is still doing all the coding at Napster, you're nuts.

      Do you have any idea what kind of talent you can buy when someone stuffs umpteen million dollars of venture capital in your pocket?

      I can assure you that Napster has bought programmers so smart that they make Fanning look like Forest Gump.

    6. Re:Insane... by Greenisus · · Score: 1
      Judging by music today, those fuzzy algorithms would probably determine every Backstreet Boys song as being all of the others, since they sound the same.

      If you ever read music magazines, you'll notice that most reviewers like to compare music to other more obscure artists. Maybe if you blurred the algorithms a little more, you could write a program to write dynamic music reviews!

    7. Re:Insane... by dachshund · · Score: 1
      I presume there'll be some reporting on both the transmitting and receiving end. This makes it slightly more difficult to swap unauthorized songs unless everyone gets the modified client.

      And let's face it. Napster's just not interesting enough to spend the programming time on. There are better ways to exchange music, without the hassle of distributing a tool that might end up "banned" under the DMCA. And even if you did manage to get enough people using it to make Napster useful again, the resulting ruckus would probably shut them down.

  33. Re:100%? by Requiem · · Score: 1
    And 100% is pratctically impossible anyways, because if just ONE song out of...say...5 billion gets through, its not 100% anymore.

    It might be with floating point errors. ;)

  34. Re:That would be about the only way I'd buy a CD.. by um...+Lucas · · Score: 1

    Why not translate that same philosophy to literature, software, car insurance, groceries, etc, etc, etc. In no industry does most the money go to the people who actually do the grunt work, why are you so righteous about the music industry.

    I know it's been stated in the 50 million napster discussions on slashdot prior to this one, but no one forced any musicians into signing with a record company. They knew what they were doing, accepted the tradeoffs (more potential fans & sales versus more money per sale), just leave it at that...

  35. Re: the judgement is insane -- if not then, now. by um...+Lucas · · Score: 1

    Yep, same thing with armor piercing bullets (you know, some deer have thicker hides than other, you gotta be sure).... switch blades (sometimes you just need to carry a compact knife, but you don't want to go through the effort of actually opening a jack knife).... etc...

    It's like if a company introduced a consumer priced (less than $100) DVD recorder (no playing capabilities) and proclaimed :

    "Buy this and you'll never have to purchase a DVD again!*

    * Just rent and record them!


    yes, it could be used legitimately for backing up your current DVD's, but it wouldn't last on the market that long with taglines like that...

  36. Re:That would be about the only way I'd buy a CD.. by um...+Lucas · · Score: 1

    There are plenty of alternatives to RIAA affiliated labels... Subpop, Alternative Tentacles, Touch'n'Go Records, Homestead. Invisible Reocrds, WaxTrax/TVT for starters... They all have nation wide distribution deals, etc, and some, more than others, have excellent reputations for how they treat artists...

    Courtney Love's rant meant basically squat. She rehashed a lot of what's already been said in part and in full by many other artists of yesteryear, but in the end it seemed to be simply a self promotional piece, nothing more, nothing less. ("Hey, I hate my label, they treat me like shit, i like napster, so you should like me")

  37. Re: the judgement is insane -- if not then, now. by um...+Lucas · · Score: 1

    yes, good point... In all of last year, in the US, how many crimes were perpetrated by kevlar wearing crooks?

  38. Re:Evasion by ethereal · · Score: 1

    Apparently they're planning to take a fingerprint of the audio itself, rather than just going off of song titles. It's really some pretty neat technology if you read up on it - www.loudeye.com.

    --

    Your right to not believe: Americans United for Separation of Church and

  39. Re:The next phase of the war should start soon. by sith · · Score: 3

    Interesting ... now that I think about it, I haven't purchased any CD's since napster stopped being useful either. Not because I was specifically protesting anything, but because I have all the CD's that I want right now, and without napster I have no way of finding new music that I might be interested in. Hmmm...

  40. Re:Talk about constipation by sharkey · · Score: 2

    "When 99% Blockage Isn't Enough."
    Sounds like a new ad campaign for Kaopectate.

    --

    --

    --
    "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  41. Re:Famous Attempts at 99% compliance by ivan256 · · Score: 2

    All circumstances you have mentioned in your post are 100% non-compilance with a law. They are not 99% compliant in any way. However, napster just has to have substantial non-infringing uses beyond it's infringing use to be in 100% compilance with the law. So if they manage to block 99% of the infringing use and the majority of the remaining use is non infringing, then they are compilant with the law. 100% compilant, not 99% compilant. The percentage of infringing use that they block does not magically translate into a percentage of compliance with the law as you suggest. This ruling seems to make new law, instead of enforcing the laws on the books.

  42. Re:The next phase of the war should start soon. by flink · · Score: 1

    Ahhh not emo! You should get yourself some real music

    Just kidding, to each his own. But seriously you should check those bands out if you are into punk/hardcore.

  43. Re:The next phase of the war should start soon. by Surak · · Score: 2

    I work for GM and recently saw prototype of an in dash car stereo with an MP3 player that will undoubtedly become standard equipment in future vehicles.

    The guy who was supposed to demo the thing went on vacation, so nobody could tell me anything about the MP3 player other than it will pick off MP3s from CDs and that there would be other methods for getting MP3s onto the player's 40GB hard disk. (Several people thought that one of the methods was via wireless Internet access, but no one could confirm that for sure)

  44. Re:The next phase of the war should start soon. by Surak · · Score: 2

    ?!? For christ's sake, most cars still dont even come with a CD player

    Most inexpensive cars, true. However, all of the SUV's that the Big Three sell above the very basic models come with an in-dash CD player as standard equipment.

    You have to look at the primary market segment. Right now that's SUV's....

  45. Re:The judge *IS* right by nyet · · Score: 2

    With Napster/Gnutella/whatever P2P software, music makers get less money back. So you're *stealing* them.

    This is quite possibly the most inane argument I have ever had the misfortune to see.

    First off, you have the tendency to used loaded terms like "stealing" and "piracy" to imply that copying bits is somehow fundamentally immoral and evil. Hello? Have you been living in a cave for the past 20 years? The debate is about the difference between information (an unlimited resource with zero marginal cost) and material goods (a limited resource).

    Then you have the gall to assert that by depriving somebody of income "potential" is also "stealing".

    Let me get this straight (by making a stupid, flawed analogy that you can understand). If I DON'T buy a burger from burger king, I am stealing because they get less money?

    Or that by inventing the automobile, I have "stolen" from blacksmiths because they get "less money back" from selling horseshoes?

    The music industry is a slow, stupid dinosaur that hasn't figured out it is doomed to extinction BECAUSE people like you have their heads in the sand and can't figure out that this particular form corporate welfare (in the form of copyrights/patents) simply doesn't work anymore.

    It is NOT about protecting the artist and the artists rights, or even filling the needs of the consumers. It is about filling the needs of the RIAA to rape you in every possible way they see fit.

    That it costs money to produce music is not in question. What IS in question is the method by which we recompensate the artist. Giving them %0.001 of gross album sales is NOT a sign of a functioning system. An "alternative" rock radio station that plays the same 6 songs 24/7 is not the sign of a functioning system. 6 different (but identical) boy bands is not a sign of a functioning system. 6 different (but identical) blond teen singers with fake boobs is not a sign of a functioning system.

  46. Re:The judge *IS* right by nyet · · Score: 2

    "You've stolen the copyright owners freedom. The freedom to decide how and when the music is distributed"

    The freedom to restrict SOMEBODY else's freedom is NOT freedom. NEVER EVER pretend that copyrights and patents are about freedom.. they are socialist in nature. They are considered (by those who support them) a necessary evil, just as my freedom to swing my fist ends at your face.

    I am tired of hearing these lame arguments about how if somebody is allowed to restrict MY rights, it is somehow ok, since it is giving THEM the freedom to do so. Don't I have rights too?

  47. Re:The judge *IS* right by nyet · · Score: 2

    Don't fool yourself into thinking that what you want is truly FREEDOM(tm) and trumpet it as such. You want control over your creations. That is understandable. But that is not a "freedom."

    What is your bank account number? I want to exercise my FREEDOM to go withdraw all of your money.

    The fact that you wrote that proves you actually understand what I am trying to say. ;P

  48. True and not true at the same time. by nyet · · Score: 2

    In the end, the PURPOSE of the GPL is to ensure the freedom of the user of the code, irrespective of the codes "owner".

    In fact, the GPL doesn't even properly RECOGNIZE the "owner" or "copyright holder" at all. The only reason it does it only to prevent others from yoinking the code and re-releasing it under a MORE restrictive license - e.g. one that doesn't allow others to resdribute it however they see fit.

    Again, to reiterate, the purpose of the GPL is NOT to protect the "rights" of the author and copyright holder, but to protect the "rights" of others to use and modify the code, in perpetuity. Not just one user or programmer, not just one corporation, but EVERY person, in perpitutity.

    Just because YOU wrote some clever code does not make you special. We value your code above all else, because that is what is important, not your petty little ego.

  49. Re:The next phase of the war should start soon. by NoahPhex · · Score: 1

    I highly recommend the JVC digifine2.1 KD-SH99. My friend recently upgraded from his pioneer, and you can tell the difference. If you're thinking about adding amps to your system, the JVC has cleaner output (The Aiwa's CD signal-to-noise ratio 85 dB, compared to the JVC's CD signal-to-noise ratio 102 dB. Keep in mind that higher is better), and has 4 volt preouts (AIWA has 2.2 volt preouts). Also, the JVC has 3 sets of preouts (Front/Rear/Subwoofer). The AIWA only has front/rear. Also, the JVC has a motorized faceplate that can be removed, and you can adjust the angle of the CD player. The AIWA averages about $299, and a local Hi-Fi shop sells the JVC for $350. The extra $50 goes a long way. Also, I might be biased, because the only Aiwa components I ever bought (turntable and a mini system) both broke within a week of each other. The motor is hosed on the turntable (I used it like once a week), and the mini-system had to be replaced because the built in amp in it stopped working suddenly. Hope this advice helps...

  50. Re:The judge *IS* right by cruelworld · · Score: 1

    You've stolen the copyright owners freedom. The freedom to decide how and when the music is distributed.

  51. Re:The judge *IS* right by cruelworld · · Score: 1

    what do you think the GPL is about you twit? It restricts your freedom as a user in order to guarantee the freedom of the author.

    You HAVE TO REDISTRUBUTE YOUR CODE, even if you don't want to. Thus, it restricts YOUR RIGHTS in favour of the original AUTHOR AND COPYRIGHT HOLDER.

  52. Re:The judge *IS* right by cruelworld · · Score: 1

    If you don't want yor GPL code used in microsofts closed source project then you shouldnt have released the source on the internet.

    If John Carmack didn't want everyone to have free access of his games then he shouldn't have sold them.

    How can you be pro-GPL if you're anti-copyright?

    He Who Write The Code Determines The License.
    If you dont like it, DONT FREAKEN BUY THEIR PRODUCT (music/software/movies)

    How can you be so passionate about your own stupidity?

  53. They're getting what they want by Funky+Jester · · Score: 1

    It's been fairly obvious from the beginning that the record labels don't give a rats ass about Napster. In fact, I'm sure they'll be far happier once they're gone, which is what they wanted in the first place.
    IMHO, they've only dragged it out this long to keep their public image up--so they aren't perceived as Ogres.
    ("bah! I ought to club them and eat their bones")

  54. BAD analogy by gmhowell · · Score: 3

    First off, you make sense, 100%. Your point is well taken, and I agree with it.

    But your supporting case is a very weak one. Unfortunately, in the United States, not only could that apartment owner be sued criminally, but he could forfeit the building WITHOUT a hearing of any sort.

    His ability (or lack thereof) to know about the activity doesn't matter. If illegal drugs are found on property, that property is forfeit. No trial, no appeals. Bend over and kiss your apartment, house, car goodbye.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
    1. Re:BAD analogy by tshak · · Score: 1

      But your supporting case is a very weak one. Unfortunately, in the United States, not only could that apartment owner be sued criminally, but he could forfeit the building WITHOUT a hearing of any sort. His ability (or lack thereof) to know about the activity doesn't matter. If illegal drugs are found on property, that property is forfeit. No trial, no appeals. Bend over and kiss your apartment, house, car goodbye.

      I don't want to get into this but your post is factually incorrect. Every apartment building has some pot grower and the landlord doesn't even hear about it most of the time (my family has a LOT of Real Estate BTW).

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
  55. Re:Bad Implications for ISPs, AIM, etc. by kennylives · · Score: 1
    But how does AOL know that I don't have proper authorization and clearance to use that icon?

    Because in the eyes of AOL/TW/RIAA/MPAA/Microsoft/etc you are a consumer of media, not a producer. You therefore have no right nor need to even be able to publish content - even if it's just an icon of a reconizable character. Unless you have a multi-billion dollar contract with them, you're nobody. Oh, and fair use doesn't count for anything any more.

    --

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

  56. Re:Sad by kubrick · · Score: 1

    perhaps record companies could make more $$$ if they would invest their dollars for recording sessions etc, in music acts with talent, that will last the test of time.

    Talent != saleability. (not necessarily, anyway -- you're working from the assumption that the majority of the music-buying public has taste (and I certainly don't share yours for Metallica and Rush :))

    If the record companies could do *anything* to make more money than they already are, you can bet they'd be doing it. Lust for money is like that (driven by needing to look good on the stock market, etc.)

    --
    deus does not exist but if he does
  57. Re:oh yea? really ? by mistered · · Score: 1

    That's really funny, since there's someone outside my appartment playing the trumpet right now and it sounds like they're playing it with their butt.

    --
    Enjoy your job, make lots of money, work within the law. Choose any two.
  58. Re:The next phase of the war should start soon. by Wah · · Score: 2
    Don't they have radio where you live? MTV? VH1?

    Umm, that is what two companies decide should be popular music. Not a lot of choice. (Clear Channel own 1200 radio stations, second is Infinity/Viacom which owns the rest and VH1/MTV)

    These are much more effective than Napster in exposing one to new music one might like.

    Not a chance. Can you use this with only the name of some random band and listen to it within 10 minutes? Napster is the best type of tech we have for finding diverse music. That's why they wanted to kill it. After spending so much comandeering all distrubtution channels, it's annoying to have people looking for stuff themselves.
    --

    --
    +&x
  59. Re:Argh... by tippergore · · Score: 2
    Napster is totally done-for, and was even before this. They'll probably run out of money before they're able to appeal something like this.

    The concept only worked with regard to trading illegal files, not legitimate ones.

    Legitimate files can easily find a good space on a website, or several, why bother with peer to peer sharing? Last time I checked, there were multiple places to post unsigned artists' music on the internet...

    Places that won't cut your download off in the middle because the person you were downloading from designed to go offline. Places that won't charge you money for the convenience of downloading freely-available music all while turning your computer into a fileserver for a large corporation's benefit....Why bother with the uncertaintly of file availablility if you're not trying to hide your actions?

    There's just no reason.

    Stick a fork in them, because they sure are done.

  60. Re: the judgement is insane -- if not then, now. by einTier · · Score: 3
    ...because Napster provides no good way of preventing piracy. Even though Napster has made an effort at preventing some piracy, effort is not and should not be enough to get it a passing grade in this case.

    A VCR doesn't natively provide a good way of preventing piracy either... but VCRs are legal. Just because something can be used for infringing purposes does not mean that it can be outlawed. In this case, I definately think that there are significant non-infringing uses (for those that continue to use it, whoever they are).

    --
    -------------------------------------------------- $665.95 -- retail price of the beast.
  61. Re:100%? by perkindiafrawl · · Score: 2

    I am a proud DOE employee and have been [suffered] through the rigormoraul of saftey classes and policy. While the Lab here is very concerned with safety, I was surprised at how reasonable and pragmatic they treated the issue. That is, they conceeded that 100% safe is not attainable, but, let's do our best by learning safe practices.

    So, even the gub-ment, in all its presumed beauracracy, can admit that a 100% guarantee is unattainable.

    I can't believe anyone out there with a slight understanding of what these com-pu-tor things are could think that a 100% guarantee of non-copywritten songs is possible.

  62. Opt-in by mgoff · · Score: 1

    Why not change the from a banned-song system to an authorized-song system? Much like authors submit their work to MP3.com, Napster could allow authors to register their song along with an MD5 checksum. Not only would the checksum prevent copyrighted songs from masquerading as approved songs, but incomplete and corrupted downloads would be blocked from trading. A simple moderation/reporting/blocking system could be assembled to block songs posted as original work which were actually copyrighted-- enough reports, or a report from a "trusted" user, and the song would be removed from the authorized list.

    1. Re:Opt-in by mgoff · · Score: 1

      Really? How can you explain the 1,000,000+ tracks from 150,000+ artists available for free on MP3.com? The reality is that most artists (the ones who don't make any money from their art) want the widest possible distribution of their music. The best way to do that is to make it available for free. But, after they find fame and are finally able to charge for their music, they want to stop contributing to the public domain. I don't have a problem with this; those first songs were just the equivalent of a "loss leader" in product marketing. They were the price of building a brand.

      My proposal doesn't necessarily require an authorized member of the band to submit approval, although I initially presented it that way. It hinges on the idea that anyone can submit music for sharing. A distributed MP3.com, if you will. A large network of moderators (probably voluntary, a la Slashdot but probably with more qualifications than pure random selection) would approve songs for distribution. How about a hybrid opt-in/out: Napster could filter opt-in requests with the opt-out database it currently keeps, relaxing it to reduce the false-positives. Let the human moderators manage the false-negatives.

      A simple reporting mechanism would fastrack songs to be removed. Ever surf HotOrNot.com? I don't know the mechanics, but there's a link to click if a picture is "broken, copyrighted, or inappropriate." If enough "basic" users report a song or a single moderator (or a record label or the original artist), the song gets yanked.

      Napster will never develop a filter that will reliably differentiate copyrighted from noncopyrighted songs. It's as absurd as claiming I can build an OS that's uncrackable. We humans are pretty clever-- we'd figure out how to get around it in no time. Which is exactly what the record companies want-- Napster beat them to the punch with electronic distribution, and they want their piece of the pie.

      Of course there are a ton more kinks to my idea. But I think the broader solution of opt-in would be more successful than their current opt-out strategy. Someone else mentioned eDonkey2000; I love their concept of "slices" (my term)-- if I'm on my broadband connection and ten people connected to the net via modem have the song I want, I can download different "slices" of the song from them simultaneously, aggregating their bandwidth. Finally, all those modem user libraries don't go to waste!

    2. Re:Opt-in by rtaylor · · Score: 1

      Thats something BarChord does with EDonkey distribution. When an artist uploads music, they have an option to have it automagically injected into the EDonkey 2000 p2p network. We're working on other networks as well -- but I rather like the structure of EDonkey.

      --
      Rod Taylor
    3. Re:Opt-in by Mija+Cat · · Score: 1

      Two reasons.
      First, it's still fake-able. (Artist: Mija Cat, Title: Baba O'Riley could consist of me sitting quite still listening to a Who CD)

      Second, it would require the artist to authorize and publish, rather than us, the satisfied fans. Want to bet that all the artists you like will make the effort?

      Meow

      --
      Yes, that's really my e-mail. Don't change a thing.
    4. Re:Opt-in by am+2k · · Score: 1

      Your system is pretty weak. For example: "Hello, I'm Living F/X, and I allow the following songs to be shared: ...". How should they know if I'm really Living F/X (I'm not)? Living F/X is a small group from Austria that has released ONE record. The people from Napster could search for any representative of the group to ask for permission, but that would take days or weeks. Now multiply that with some million songs and you'll realize that it's impossible.

    5. Re:Opt-in by tmark · · Score: 2

      Why not ? Because most artists believe that Napster is costing them sales and infringing on their rights. Why would they opt in, when most are probably celebrating Napster's imminent demise ?

  63. Re:The next phase of the war should start soon. by sirinek · · Score: 1
    Standard equipment in future vehicles

    ?!? For christ's sake, most cars still dont even come with a CD player as a standard feature, and look how long those have been around. Car companies are around the most fucking cheapassed you can find.. skimp on every little thing they can. It'll be 2030 before something like this is widespread in the auto industry.

    siri

  64. Objective achieved by darkonc · · Score: 3
    Well, they're getting 100% blockage now -- Of course they're also blocking 100% of everything else. I would have been very disappointed if they didn't appeal this obscene ruling.

    As far as I remember it, the copyright laws require the copyright holders to inform the ISP of the names (fingerprints) of the offending files. This ruling seem to be putting the onus on Napster to figure out what files are being traded....

    I think that I can understand blocking 100% of files explicitly noted, but predicting all permutations is asking for the eye of the needle. If the RIAA were asked to provide this information, without impinging too much on non-copyright material, they'd just throw up their hands and walk away.
    --

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  65. Re:The judge *IS* right by chrysalis · · Score: 2

    You're playing with words. Producing music costs a lot of time and money. With Napster/Gnutella/whatever P2P software, music makers get less money back. So you're *stealing* them.
    Fortunately, vinyl presses are very expensive. So DJ's are still buying a lot of records.

    -- Pure FTP server - Upgrade your FTP server to something simple and secure.

    --
    {{.sig}}
  66. The judge *IS* right by chrysalis · · Score: 3

    Oficially, Napster is not supposed to be a system to share copyrighted songs. It's supposed to be a way for musicians to share their music. Free music.
    And that idea is really great. It'd have been wonderful for music makers if the rules had been respected.
    But it hasn't been the case. Napster is a tool for piracy. Only copyrighted materials here. And not only music from majors full of $$$, there's also a lot of songs from little labels as well. Without their agreement. That's bad.
    People are crying because Napster is dying. But they don't even realize that they really *stole* commercial songs. This is shameful piracy. Blaming the judge or blaming Napster that only filters 99% is stupid. Blame yourself. Blame stupid users that violated the rules and turned something legal into a 100% illegal stuff.
    Internet is nice to share opinions, to ask help, to work on free software and to share *free* stuff. Using it as a convenient way to share warez/commercial movies/commercial songs is a shame. People doing that should better shup up than yell "oh shit, someone wants to stop us from stealing commercial stuff. Fuck him, we will have to install another software to do the same thing, it will take 5 minutes of our precious time".

    -- Pure FTP server - Upgrade your FTP server to something simple and secure.

    --
    {{.sig}}
    1. Re:The judge *IS* right by SuiteSisterMary · · Score: 2

      Then you're defrauding them; they are, in effect, saying 'anybody can have this music in exchange for twenty of these little green pieces of paper.' You are receiving the music, but are not completing the agreement and handing them twenty little green pieces of paper in exchange. This might not be 'theft,' but it is criminal, in that you are taking without giving back, when the agreement WAS NOT that you would recieve with no expectation of recompense.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:The judge *IS* right by SuiteSisterMary · · Score: 2

      They are not giving it away for free. The implied default contract is that it is not available for free. Yet you are taking it without giving anything in return. By your logic, I could go loot your house, because I've never heard you tell me not to, and I certainly never made an agreement with you, or your government for that matter (I'm assuming you're American; I'm Canadian) that I wouldn't.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    3. Re:The judge *IS* right by SuiteSisterMary · · Score: 2

      That would include, therefore, your teenage daughter when she goes off to college. Oh, wait, just because she's no longer under your direct control/supervision/whatever, you still have an interest? Ahhhh.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    4. Re:The judge *IS* right by Tom_N · · Score: 1
      RMS has stated that he would prefer the abolition of all copyright, but in the absence of that, GPL is a way of turning copyright against its own (negative) purpose.

      Ironically, the GPL provides the public with more protection than "public domain from day 1" would. While the copyright on a GPLed piece of code lasts, people who redistribute the binary form of the code are obligated to also pass on the source code or a pointer to the source code. Someone who takes a public domain work, modifies it or not, and redistributes it is under no obligation to help the recipient obtain the source code.

    5. Re:The judge *IS* right by chinton · · Score: 1
      I spend 6 months of blood, sweat, and tears writing, recording, and mixing an album and I don't have the right to say how/when/where it is used? Bullshit, I want no part of a system like that.

      What is your bank account number? I want to exercise my FREEDOM to go withdraw all of your money.

    6. Re:The judge *IS* right by WildBeast · · Score: 1

      okay, let's say you're right. Can you give me a decent website where I can quickly buy and download albums in mp3 format legally?
      Since I'm too lazy I buy between 0 and 2 albums per year, but if I could buy from the internet and instantly download the album then I'll buy a lot more. Until then, the record industry has completely failed to satisfy my demands as a consumer. In short, the RIAA sux.

    7. Re:The judge *IS* right by EllisDees · · Score: 1

      You *can't* steal music. You might be able to steal cds or albums, but the music itself is far too immaterial to walk off with.

      Besides, gnutella is much, much better now with all the napster refugees.

      --
      -- Give me ambiguity or give me something else!
    8. Re:The judge *IS* right by EllisDees · · Score: 1

      No, *you* are playing with words. Stealing implies depriving someone the use of their property without their consent. When I make a copy of a song, the creator hasn't lost any of the use of that song. It is every bit as usable after I copied it as it was before. I have taken nothing.

      With music as with anything else, if someone creates something, it is only theirs for as long as they don't give it to anyone else.

      --
      -- Give me ambiguity or give me something else!
    9. Re:The judge *IS* right by EllisDees · · Score: 1

      I never heard them say anything like that, and I certainly never made any sort of agreement with anyone who creates music. If they want music to be treeated as property, they have to live with the fact that once you sell (or give away) your property, you no longer have control over it. It's that simple.

      --
      -- Give me ambiguity or give me something else!
    10. Re:The judge *IS* right by EllisDees · · Score: 1

      Actually, they lost that right the moment that someone else had a copy of their music. If they didn't want it distributed, they shouldn't have given it to anyone.

      --
      -- Give me ambiguity or give me something else!
    11. Re:The judge *IS* right by EllisDees · · Score: 1
      By your logic, I could go loot your house, because I've never heard you tell me not to, and I certainly never made an agreement with you, or your government for that matter (I'm assuming you're American; I'm Canadian) that I wouldn't
      By my logic, you could do whatever you want to my house *after* I sold it or gave it away. What do I care what you do with something that is no longer mine?
      --
      -- Give me ambiguity or give me something else!
    12. Re:The judge *IS* right by EllisDees · · Score: 1
      If you don't want yor GPL code used in microsofts closed source project then you shouldnt have released the source on the internet.
      And they, in turn, shouldn't be surprised when I freely distribute whatever they produce with my code.
      If John Carmack didn't want everyone to have free access of his games then he shouldn't have sold them.
      Agreed.
      How can you be pro-GPL if you're anti-copyright?
      Who says I'm either? I'm anti-IP, if anything. If there were no copyright, there would be no need for the GPL.
      He Who Write The Code Determines The License. If you dont like it, DONT FREAKEN BUY THEIR PRODUCT (music/software/movies)
      I *don't* buy any of them.
      --
      -- Give me ambiguity or give me something else!
    13. Re:The judge *IS* right by night_flyer · · Score: 1
      Only copyrighted materials here.

      ummm, duh? ANY MATERIAL that is produced is AUTOMATICALLY COPYWRITTEN... including this message...

      _______________________

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    14. Re:The judge *IS* right by Strange+Ranger · · Score: 1

      >someone wants to stop us from stealing commercial stuff

      A better analogy would be National Record Mart. Imagine if a judge decreed that NRM could only sell music if they could guarantee 0% shoplifting. Same exact product, same principle, except Judges lose their sanity when dealing with magikul computers.

      --

      Operator, give me the number for 911!
    15. Re:The judge *IS* right by GospelHead821 · · Score: 1

      The whole difficulty in this lies with the fact that intellectual property (whether or not you agree such a thing exists is imaterial) may be reproduced at almost zero cost. In economics, a product is sold at a price equal to the cost of generating one additional unit of that product. (ie: price is decided by the point of production at which the marginal benefit of the product to the company is exactly equal to the cost of the product to the company). Since the marginal cost of producing music or any other intellectual property is effectively zero, economics dictates that music should be free.

      If this were the case, nobody would produce music, because there would be no benefit to them to do so. They'd be infinitely better off being accountants or cashiers or anything other than musicians. You like music? Then you'd better support that "artificial monopoly" called a copyright for all you're worth, because without it, there is no music industry - just amateurs and enthusiests producing in their spare time. I don't know 'bout the rest of you, but paying a few bucks for a CD doesn't seem like such tyrrany in this light.

      --
      Virtue finds and chooses the mean.
      Aristotle, Ethica Nichomachea
    16. Re:The judge *IS* right by GospelHead821 · · Score: 1

      All right. I did get a bit extreme in saying that one should wholeheartedly support copyrights. But certainly, you have to give them some support if you enjoy quality music - you can't seek the abolition of copyrights if you're not willing to accept that doing so would destroy the music industry. However, in this case at least, I don't think the music industry has done anything in the least objectionable. CD's are not ridiculously priced, with good reason. Sure, any given publisher has a monopoly on their own CD's, so they can charge a little more and expect customers who like their product to keep paying, but there are still plenty of other publishers which are reasonably good substitutes for the products of any given publisher, so the monopoly they wield really isn't that strong. If a copyright gave a company exclusive control of 'music' or of 'piano music', then they'd be granting terrible monopolies. As it is, a copyright only grants one a monopoly over one's own music.

      --
      Virtue finds and chooses the mean.
      Aristotle, Ethica Nichomachea
  67. Re:in that case.... by Coward,+Anonymous · · Score: 5

    in that case, i think a global condom and birth control pill recall is in order.

    Impossible. Recalled products have to be mailed back and no parcel delivery service can guarantee 100% delivery.

  68. Re:The next phase of the war should start soon. by Cylix · · Score: 2

    They already tried taxing the sale of used CD's.

    They claim that cd's last much longer then cassette and thus could be resold quite easily and with no loss of quality. Because you can now get the same music, cheaper, and without them making a buck, it must be stopped.

    This happened a while ago, I remember garth brookes making comment on how he was losing out because of used cd resellers.

    Anyhow, I guess it didn't get to far... unless there is a tax on used cd's and I wasnt aware!

    --
    "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
  69. (very) good band: Neutral Milk Hotel by colmore · · Score: 1

    "In the Aeroplane Over the Sea" by Neutral Milk Hotel. Released in 1998, on Merge Records (not RIAA, and not evil) It's one of the most beautiful, heart-wrenching, and wonderful albums i've ever heard. influences range rock to pop to folk, beautiful poetic (an adjective i reserve basically for this album and the better dylan stuff) and catchy well written songs. A "concept" album not about fame or rock-starrdom. Lyrics about growing up, loving, dying, and Anne Frank. There should be a government program purchasing it for every man woman and child in the world. Download "Holland 1945, Oh Comely, and Two Headed Boy" for a preview (but this is really an album you must have, not merely a collection of good songs)

    --
    In Capitalist America, bank robs you!
  70. Re:Oh please... by colmore · · Score: 1

    Theres a difference between 100% not commiting a crime, and 100% preventing all users of a largely legitimate service from commiting a crime.

    Lets take Sony VCRs (which have no copy protection what so ever) can they claim that thier product is used for 100% legitimate reasons (how about gun manufacturers, ISPs?) of course not. but because their product's PRIMARY INTENDED use is legitimate, the percentage of illegal use is not blamed on the company itself. Napster is only a special case because the RIAA threw a whole lot of money at the legal system and appealed until they got an incompetant judge.

    Sure, a lot of Napster users use the service for illegal purposes, but what about me? I used it SOLELY for acquiring MP3 copies of things I allready owned on CD and vinyl, and for downloading things from bands/record labels that allowed it (check out the acts on Athens' Kindercore label) a perfectly legitimate use.

    Napster provides a service. They are no more at fault than sony is if I copy a movie, than a tobacco paper company is if i use the paper to roll a joint, than a publisher is if I use the information they publish to commit an illegal act. The Napster ruling is entirely inconsistant with American jurisprudence, and is very very scary.

    --
    In Capitalist America, bank robs you!
  71. in that case.... by thnmnt · · Score: 3

    in that case, i think a global condom and birth control pill recall is in order.

    unless of course the judge allows napster to use the rhythm method.

    --
    Go read some bible: nubible.com
    1. Re:in that case.... by haplo21112 · · Score: 1

      Hey Rythum Method is Copyright of Rush, Neil Peart and Atlantic records, Napster can't use that.

      --
      Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  72. Obligatory "Napster is dying" post by bconway · · Score: 2

    I think by now this is a pretty moot point, few people if anyone is still using their service, with multiple OpenNap networks (go OggVorbis!) holding their own, along with all the other P2P clients out there. It's a shame MusicCity moved away from OpenNap onto their own client, their server farm was awesome (though I'd love to see a Morpheus client for Linux, they have some really neat stuff going on there).

    --
    Interested in open source engine management for your Subaru?
  73. Re:The next phase of the war should start soon. by Corrado · · Score: 1

    Hmmmm... I like Limp Bizkit & Linkin Park. Does that mean I am a 12 year old girl? Cool! :)

    --
    Later...

    --
    KangarooBox - We make IT simple!
  74. who? by TMB · · Score: 2
    Judge Patel appears to lack the technicall savvy of say, Judge Jackson - he clearly has no clue what he's asking for.

    Judge Patel is a woman.

    [TMB]

  75. Re:The next phase of the war should start soon. by Longstaff · · Score: 1

    Mazda actually has a car called the (strangely enough) Mazda MP3 that comes with an in dash MP3 player.

    I'd post a direct link, but www.mazdausa.com doesn't seem to like Mozilla right now...

  76. Re:Here's an approach for Napster... by Stonehand · · Score: 1

    ...but Napster *was* doing something illegal, according to the court. Hence, it seems appropriate that they pay a penalty and be required to operate under a strict consent decree, say, rather than simply letting them pretend it never happened. That's *if* they shouldn't be shut down for their previous violations.

    And the "innocent until proven guilty" bit is only for criminal trials, not general conduct. Can you buy a car without registration and other paperwork? Does E-bay let you trade narcotics? Do bartenders have to wait until the police come and you're arrested before they card you? Sometimes you're expected to be able to show that you're not being a bozo and doing something you shouldn't be; and given Napster's history, this seems apropos.

    --
    Only the dead have seen the end of war.
  77. Re:The next phase of the war should start soon. by dimator · · Score: 2

    I stopped buying new CDs when Napster went away

    The whole napster thing was one small part of the already huge music industry. When you compare the number of people that used napster to the number of mindless drones watching MTV, and buying whatever Carson Daily tells them to, you'll realize that the industry is not going to be noticably hurt. (And even if they are hurt by napster users not buying anything anymore, they would claim otherwise, so they could get support for the "napster hurt our business, and sales increased now that it is dead" argument).


    ---

    --
    python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
  78. The next phase of the war should start soon. by ka9dgx · · Score: 4
    We all knew Napster was doomed, now the war moves on to Gnutella and true peer-peer networks, and other fronts.

    On the act locally front, I stopped buying new CDs when Napster went away, and I strongly urge everyone else to do the same.

    --Mike--

    1. Re:The next phase of the war should start soon. by dogbowl · · Score: 1

      I also discovered tortoise through Napster. And through them I stumbled onto bands like The Sea and Cake, Japancakes .. and then even over into Medeski, Martin, and Wood.

      There are some GREAT bands out there .. you just won't find them on the radio or at the WalMart.

      (and for the record, while I did d/l every album those bands have released .. I went on to purchased quite a few of them. But thats still much more so than I would have if I never would have found them!!)


      --

      These pretzels are making me thirsty.
    2. Re:The next phase of the war should start soon. by sarchasm · · Score: 1
      Anyway I think the music industry's problems have nothing to do with piracy but everything to do with the utter crap that they keep producing and sponsoring. I can't name a SINGLE modern band that would make me download their music let alone buy a CD. RIAA napster isn't your problem. Shit music is.

      I don't think that's the problem. I'm sure your listening tastes are far from the majority, where the big money is.

      The fundamental problem is that technology has restored market forces. Music prices have been held artificially high for a long time. What has been the music industry's real strategy since the cat jumped out of the bag? Buying laws to restrict your rights. Not lowering prices, not adopting better distribution methods.

      The only way to maintain the margins is to control the government.

      --

      ----------------

      Overheard: "Aww, why'd you go and install Windows on a perfectly good machine?"

    3. Re:The next phase of the war should start soon. by Fjord · · Score: 1

      Thanks for the info. The extra $50 does seem worth it.

      --
      -no broken link
    4. Re:The next phase of the war should start soon. by Fjord · · Score: 2

      There are tons like that. The one I'm thinking of gettig is this one. Audio CD, or file CDs (CDR and CDRW), and a steering wheel remote. For $299. Forgetaboutit. The cheapest one on that page is $199, though it doesn't do CDRW.

      --
      -no broken link
    5. Re:The next phase of the war should start soon. by jonnyq · · Score: 1

      I too listien to this type of music, and I have and will continue to buy the CD's. None of the record labels who put out the music that I want to hear aren't members of the RIAA, and most of the people behind them that I have talked to think Napster was a great thing to spread popularity.

    6. Re:The next phase of the war should start soon. by harlows_monkeys · · Score: 2
      and without napster I have no way of finding new music that I might be interested in.

      I find that rather hard to believe, since Napstar is not a particularly good medium for finding new music.

      Don't they have radio where you live? MTV? VH1? How about internet radio? These are much more effective than Napster in exposing one to new music one might like.

    7. Re:The next phase of the war should start soon. by Trepalium · · Score: 1
      The really sad thing is that it isn't new with the recording industry. Companies that make all their money off sales of copyrighted items have been actively trying to forbid the resale of their items after first sale for years. I remember a news story on slashdot about a book publishing group bullying Amazon for offering used books on their website next to the new ones. Amazon eventually caved in and put an artificial separation between them. Microsoft actively prohibits the resale of OEM versions of their products via the licensing agreement on their products.

      Quite frankly, all of this is bullshit. You can't tell me what I can and cannot do with an item after I bought it. If I want to resell the item, I should be able to without any legal restrictions on me. The copyright holder already made his or her money off the sale. If I want to tear it into tiny little bits and give a small piece to each of my friends, that, too, should be my right. After all, I paid for it, so it's now my property, and the seller's property rights to the item should've ended when they agreed to sell it to me at the stated price.

      --
      I used up all my sick days, so I'm calling in dead.
    8. Re:The next phase of the war should start soon. by zbuffered · · Score: 1

      On the act locally front, I stopped buying new CDs when Napster went away, and I strongly urge everyone else to do the same.

      Okay, I'm just going to say it, because I've been thinking about it for a long time, and you're all alluding to it here, and it just plain needs to be said:

      Boycott the RIAA.

      You won't all agree, but those that don't agree, just don't do it. When consumers band together to make a statement, we should do it in a manner that companies understand: with our wallets. They don't care if we hate them, as long as we keep paying them $16 for a CD. If we stop doing that, we will be making the strongest statement possible. And we'll change the course of history. Capitalists the world over seem to overlook that they are serving us, the consumer. They've forgotten this because we've forgotten this. If we don't like something, all we have to do is not support it. In the end, we have all the power. We have but to weild it.

      --
      Synergy is your friend
    9. Re:The next phase of the war should start soon. by revengance · · Score: 1

      as I said before, RIAA might not miss my money. I only bought around 300+ cassettes and 150+ CDs before. At one time, I stop buying because I can't stand those craps on radio. Even groups I used to like are sounding real real bad. With napster, I am reminded of some old songs that I like and was kinda of replacing my tapes with CDs until the RIAA makes me decide that they would not see any more of my money. and yes, RIAA will not miss my money. But I do have more to spend nowadays. If this is not an incentive to boycott RIAA, what is?

    10. Re:The next phase of the war should start soon. by wedg · · Score: 1

      Orbital. FFRR records. Few other labels. Best group. Or my favorite at least.
      .

      --
      Jake
      Dating: while( 1 ){ call_girl(); get_rejected(); drink_40(); } return 0;
    11. Re:The next phase of the war should start soon. by AntiNorm · · Score: 2

      On the act locally front, I stopped buying new CDs when Napster went away, and I strongly urge everyone else to do the same.

      I have done the same. However, I'm just waiting for the RIAA to spin the loss of sales as a result of mini-boycotts like this into another argument against Napster or Napster-like services. "Napster was killing our sales before, but now that we got rid of it, it's really killing our sales now!"

      One of these days, the RIAA will have to wake up and realize that online distribution isn't going to go away, no matter how hard they try.

      ---
      DOOR!!

      --

      I pledge allegiance to the flag...
      of the Corporate States of America...
    12. Re:The next phase of the war should start soon. by AndyChrist · · Score: 1

      I've almost stopped buying CDs. Since emulators and XA audio ripping tools have been getting good, I can PRACTICALLY listen to all my favorite game music (at higher than original quality). Who has time for music you can actually BUY on CD?

    13. Re:The next phase of the war should start soon. by panum · · Score: 1
      without napster I have no way of finding new music that I might be interested in.

      So, how did you come up with new music before Napster? Or was it only Napster that made you to listen to music? I certainly don't think so.

      How about the old-fashioned way? Go to a record shop and look for new albums and trying them in shop? Or visiting your friends and digging through their CD collection? Or reading some magazines / web sites about music of your taste? Browsing through the catalog of local record shop? All of these are still valid options.

      -P
      --
      --
      I hate people who quote .sigs
    14. Re:The next phase of the war should start soon. by panum · · Score: 1
      You can't tell me what I can and cannot do with an item after I bought it

      Actually I can. I am willing to sell the product to you only under a condition that forbids reselling. Therefore, you buy - you agree to the conditions. If you don't - you take your business elsewhere.

      Since there is no contract signed in the record shop, it is questonable whether this contract could be enforced or not. Doesn't still make it impossible but CDs are easy to move around to avoid any problems.

      Another example: I'll sell you some property in a business block. It currently is an book shop of quality books. We agree on a condition that you will not establish a porn / tobacco / licquir shop in the property as I wouldn't like to support such industry. This sounds reasonable, doesn't it? If you do establish an adult shop you violate the trade agreement, don't you?

      Hell, most of the English paperbacks in the local library (I live in Finland) have this fine print forbidding renting, resale, loaning etc. But the library will pay some money to the publishing company for right to borrow the book to the public as library users actually could cause loss of income to the publishers. Then again, I first borrowed the Lord of the Rings from local library at age of 12. Afterwards I have bought two copies of LotR (a Finnish hard-cover edition and English paperback later on.)

      -P
      --
      --
      I hate people who quote .sigs
    15. Re:The next phase of the war should start soon. by EvlPenguin · · Score: 2

      On the act locally front, I stopped buying new CDs when Napster went away, and I strongly urge everyone else to do the same.

      Well, no. That will not work for the simple reason that most of the RIAA's income is based on popular music (hence the name of the genere). Try to explain to a 12 year old girl who loves the Backstreet Boys why she should not buy the newest album. It's not happening. Same thing goes with other pop divisions, such as the "new hardcore" bands (i.e., Limp Bizkit, Linkin Park, et al). IMHO, they fscking suck. They haven't invented anything, they just feed off the testosterone in pubescent boys who think they are really "hardcore". Hell, most of them even steal forgotten riffs from songs the 13-17 year-old's won't know (Papa Roach's biggest hit was a rip off of a Sabbath riff).

      Well, personally, I too have bought few records since Napster died. I still use gnutella, but it's not as good for finding new artists (I found most new stuff by browsing the harddrives of people I was getting good speeds from). Without Napster, I would have never gotten back into Jazz, and would have not found the great genere of trip-hop and abstract electronic music (Amon Tobin, Minus 8, Nightmares on Wax, Cujo, AFX...) and it got me really into surf rock (Man or Astroman, Shadowy Men From a Shadowy Planet, Dick Dale, the Ventures...)

      They (RIAA and friends) are just afraid of the new medium, even though the charts show improved record sales during the era of napster. Sure, I bought the new Tool and Radiohead albums, but that's only because I've been a fan of them for years. Until there's something that fully replaces all of Napster's features (WE NEED FILE BROWSING!!!), the RIAA will be seeing a LOT less money.
      --

      --

      --
      #nohup cat /dev/dsp > /dev/hda & killall -9 getty
    16. Re:The next phase of the war should start soon. by jester-tx · · Score: 1

      I'm there. I bought more CD's as a result of Napster, no doubt about it. I also like the idea of buying used CD's - hell, with one of those Skip Doctors nearly any CD is recoverable :) I understand the RIAA being worried about protecting their interests - what I don't understand is that they can be so completely clueless as to what actually is in their best interest...

      --
      -= jester =-
    17. Re:The next phase of the war should start soon. by cnkeller · · Score: 1
      On the act locally front, I stopped buying new CDs when Napster went away, and I strongly urge everyone else to do the same.

      Uhh, I haven't bought any new CD since napster started either. Let's face it, why would I pay for music when I can download it for free? Yes, it's probably illegal, no I don't really care. Yes, the artists are getting screwed. I'm simply being honest. Of course, I think that CD's are overpriced and underproduced anyway, so I'll join you in not buying any now as well. But, if and when Gnutella and Freenet get more mainstraim, I'll simply move to downloading .ogg files. My form of protest for paying $15-$20 for the 200-300 CD's I bought over the years.....

      --

      there are no stupid questions, but there are a lot of inquisitive idiots

    18. Re:The next phase of the war should start soon. by Happy+Monkey · · Score: 1

      Listen to the stuff you've got already.
      ___

      --
      __
      Do ya feel happy-go-lucky, punk?
    19. Re:The next phase of the war should start soon. by NoOneInParticular · · Score: 1

      You mean... actually leaving my screen and go out into the real world??? NO WAY! There are crazy people carrying guns out there!

      and I don't know what my friends look like either... actually I seem not even to be allowed to browse their CD collection anymore.

    20. Re:The next phase of the war should start soon. by zhensel · · Score: 2

      Personally, I find myself buying a lot more CDs after Napster. I've found bands like Tortoise, The Beta Band, and Kings of Convenience that I didn't know about, listened to a few songs, and bought their CD. Like you, I was pretty jaded against modern music (still am, for the most part), but file sharing programs helped change that.

    21. Re:The next phase of the war should start soon. by tmark · · Score: 2
      Uhh, I haven't bought any new CD since napster started either. Let's face it, why would I pay for music when I can download it for free? Yes, it's probably illegal, no I don't really care. Yes, the artists are getting screwed. I'm simply being honest.

      Ahh...some honesty ! I too have not bought much music since Napster started, but I don't claim it is because I haven't hear or thought of a single song I might want to have. It's because every song I could think of, I could rip off Napster easily. Lots of songs from my youth which would have prompted me to go buy the CD now that I have the money are more economically stolen off Napster. The only CDs I have purchased have been CDs that are obscure enough that I can't grab the tracks off Napster - do you think that is a coincidence ? That's my truth, and I bet it is the truth for more than a few Slashdot readers who so sanctimoniously try to rationalize their behavior as something other than it is.

    22. Re:The next phase of the war should start soon. by duckie13 · · Score: 1

      That's kinda rough for me actually. It's all good in theory, but with the music I listen to (semi-underground emo / punk / indie / etc.), people on Napster rarely had it anyways, and even now the people on OpenNap servers and IRC don't even have it. Plus, I usually buy my CDs at shows anyways, where the band only charges $10 for it, and they get that money.

      ----------

      --
      "My days are less enjoyable because of people." ~ Johnny the Homicidal Maniac
    23. Re:The next phase of the war should start soon. by bahtama · · Score: 1
      That's sweet! I think no one should ever buy CDS anymore.. Oh wait, how we will get our free music off the Internet then? The bottom line is someone needs to buy it until the companies do it themselves, which I don't see happening any time soon. I think alot of people don't really think about how it gets out there. Also, the more people that buy the CD, the faster it can be spread. But in the end, someone out there is buying your music for you.

      =-=-=-=-=

      --

      =-=-=-=-=-=-=-=-=
      Oh bother.

    24. Re:The next phase of the war should start soon. by imipak · · Score: 2

      Nonsense. The big market for CD audio is the 18-30 age group - reasonable incomes with no kids or houses to pay for, buying up everything they wanted when they were 16.
      --
      "I'm not downloaded, I'm just loaded and down"

    25. Re:The next phase of the war should start soon. by kbeast · · Score: 1

      yeah, I say we also stop buying gas for our cars too! :)

      .kb

      --
      Two Wrongs Don't Make A Right-- But They Make Me Feel A Whole Lot Better
    26. Re:The next phase of the war should start soon. by kbeast · · Score: 1

      you thought you'd be cool to have it in your car? Karl Jenkins? Is that cool to have anywhere!? :)

      That poor sucker hasn't come out with a major-labeled album since '98, I'm sure you can find some of his work on Napster still.

      ..all in good humor..never listened to 'em...

      .kb

      --
      Two Wrongs Don't Make A Right-- But They Make Me Feel A Whole Lot Better
    27. Re:The next phase of the war should start soon. by EllisDees · · Score: 1
      I find that rather hard to believe, since Napstar is not a particularly good medium for finding new music
      Yes, it was. All you had to do was join one of the lesser travelled chatrooms, right click on someone's name and browse their mp3s to find tons of music you may have never heard.
      Don't they have radio where you live? MTV? VH1? How about internet radio? These are much more effective than Napster in exposing one to new music one might like.
      Right. If you love Britney Spears.
      --
      -- Give me ambiguity or give me something else!
    28. Re:The next phase of the war should start soon. by cavemanf16 · · Score: 1
      So true man! I haven't bought one new group's CD since Napster died either. I recently bought four new CD's, but they were all from groups I have multiple albums from anyways. I be ROFLMAO when the record companies realize what idiots they are to try and block technological advance when they have to announce after this Christmas that they made half what they did last year.

      Besides, the only way to maintain 100% compliance is to hold all the 'allowed' songs on a central server, which goes completely against all that the Napster architecture is.

    29. Re:The next phase of the war should start soon. by MSBob · · Score: 5
      Interesting point. I haven't bought a music cd in ages. Not because I'm a cheapskate or beacuse I'm particularly poor but like you I haven't found anything half decent lately. The only CD I pondered buying recently was some Karl Jenkins stuff. I wanted to buy it BECAUSE I found a couple of his pieces on Napster and thought it would be cool to have it in my car...

      Anyway I think the music industry's problems have nothing to do with piracy but everything to do with the utter crap that they keep producing and sponsoring. I can't name a SINGLE modern band that would make me download their music let alone buy a CD. RIAA napster isn't your problem. Shit music is.

      --
      Your pizza just the way you ought to have it.
    30. Re:The next phase of the war should start soon. by EastCoastSurfer · · Score: 1

      You can already play mp3 cd's with these.

    31. Re:The next phase of the war should start soon. by WolfDeusEx · · Score: 1

      I don't agree. I have ended up buying more CD's then before. Yes I have lots of music which I havn't paid for. But if I hear something that I like a lot I wan't the whole ablum.

      So maybe about 50-60% of the music on my computer is stolen, but when I have bought about two times as many cds they should complain.

      --
      Shoot me
    32. Re:The next phase of the war should start soon. by TeraCo · · Score: 1
      Meanwhile the rest of the world is out buying CD's again because they can't get teh big free muzaks through napster.

      While you are doing the right thing, Joe Sixpack certainly isn't.

      I bought my first CD in over 18 months last month, bceause napster wasn't around to get it. [And you can bet that 90% of the population act in exactly the same fashion.]

      --
      Not Meta-modding due to apathy.
    33. Re:The next phase of the war should start soon. by asincero · · Score: 1

      I'm a cheap freeloading scumfuck too! And damn proud of it! PH33R!

    34. Re:The next phase of the war should start soon. by night_flyer · · Score: 1
      lets see... sales are on the rise with Napster in operation, sale drop when Napster is shut down... what point were they trying to prove?

      _______________________

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
    35. Re:The next phase of the war should start soon. by night_flyer · · Score: 2
      buy CDs used at pawn shops for $1 to $5... the RIAA sees none of it! (I wonder if they will make that illegal next...) but like you I havent purchased a new CD with the exception of a few indi artists in the last few months... in 2000 (using napster as a guide) I purchased 50+ CDs

      _______________________

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
  79. Re:Oh please... by rkent · · Score: 1
    No, of course not. It's not that any particular offense should be allowed to go unchecked and unpunished, it's the broader realization that not every offense will be checked and punished. I'm not saying "this judge is stupid, people should be allowed to defy copyright." It's more analogous to the judge demanding that every weapons producer (including potentially harmful tools like hammers and jacknives) halt operations until they can 100% gaurantee that no one uses their products to do harm.

    ---

  80. Oh please... by rkent · · Score: 2
    In other news: handgun manufacturers shut down until they can gaurantee that 100% of their guns aren't used illegally

    highway patrol funding cut until they gaurantee 100% of traffic doesn't speed

    Sony shut down until 100% of VCR owners do not illegally copy tapes

    No law has 100% compliance, I don't see why napster, a private company, should be the first to make it happen. Jesus Christ.

    ---

    1. Re:Oh please... by chinton · · Score: 1
      Bullshit.

      I met 100 people last week, but I only killed one of them, so that is alright?

  81. Sad by JWW · · Score: 3
    It's sad really. In a previous post I saw someone refer to napster at its height to "the history of recorded music on-line".

    How long before the record companies will offer up something similar as a pay service?

    Never, you say?

    That's too bad, because that's what the consumers really want. But I guess the consumer is not the record companies concern. (I leave it to a reply to talk about the poor quality of music these days ;-) ).

    1. Re:Sad by mszeto · · Score: 1

      How long before the record companies will offer up something similar as a pay service? That's too bad, because that's what the consumers really want. But I guess the consumer is not the record companies concern. (I leave it to a reply to talk about the poor quality of music these days ;-) ).


      As long as there is a free service, the masses won't pay. But I do agree that music is of poor quality now. I always thought i'd be a pop culture whore, but apparently that changed sometime around the age of 13. There is nothing better than reading over code whilst listening to The Wall or Dark side of the moon. mmmmm..

    2. Re:Sad by haplo21112 · · Score: 1

      We were just talking about that here at work...perhaps record companies could make more $$$ if they would invest their dollars for recording sessions etc, in music acts with talent, that will last the test of time. Which do you think is gonna be a higher seller over its history of existance a disc by Metallica, Rush, AeroSmith, or Creed...or the lastest piece of toilet bound material by the back door boys, Nsynch, or that crowd...no one is gonna give about Brittney Boobs in another year or so, but I can promise without a doubt Metallica's Kill'em all or Rush's Moving Pictures will still be stocked in quantity in 10 years. Record compnaies should stop investing in acts that have on talent, and only put out the cash to those that can deliver for the long haul.

      --
      Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  82. Re: the judgement is insane -- if not then, now. by Boiled+Frog · · Score: 1

    The purpose of Napster, until a few months ago, was to traffic in copyrighted materials. If this wasn't the case, the usage wouldn't have dropped something like 90% since they started filtering the illegal files.

    It's not a case that someone may use Napster to committed a crime; millions of people were using Napster to circumvent copyright every day. If it was a murder case, Napster would be an accessory.

  83. 100%? by Gerad · · Score: 2

    Jeez, I don't think I've ever seen a company promise 100% ANYTHING. Even Conxion, which hosts everything Microsoft, doens't garuntee 100% uptime. I wonder if the judges would be happy with 99.9%? Hell, do governments even require absolute 100% for things like saftey? Anyone who works in the US government care to comment?

    --
    Be the Ultimate Ninja! Play Billy Vs. SNAKEMAN today!
    1. Re:100%? by BoneFlower · · Score: 2

      I have not seen a single regulation that requires 100% compliance. Having been in the service of the Marine Corps, an organization renowned for high standards, working at the three star level, if one existed I would have seen it. One thing though... this ruling is 100% impossible to enforce. There is always the matter of slightly modifying a music file(recorded or encoded as Mp3 at different settings, adding or cutting small bits of material, sending it up or down in pitch a slight amount, etc... I can see requiring Napster to do everything in their power to stop copyrighted songs from being traded, but the madness has got to stop. Unless you ban ALL distribution of copyrighted materials, period, including all currently legal methods of distribution, there will be ways online and off to pirate it. Whether or not you agree with trading of music files, you have to realize that there is no way for Napster to obey this order and stay in existence. Even if Napster folds, it will not dent sharing of copyrighted files. Nuclear war(and the accompnying extinction of Homo Sapiens) is about the only way to stop copyright infringment online that currently exists. Cpl George E Worroll Jr. USMC

    2. Re:100%? by EulerX07 · · Score: 1

      This just stupid. If the judge had any technical or scientifical knowledge, he would know that 0 and 100% are rarely true in the real world, they are almost always approximation. A car moving at 0.1 m/s in 0.0001 m/s wind will have some wind resistance, it's just gonna be so small that you use the number 0 for your calculations, because if you don't ignore some factors no real world problem will be solveable with mathematics.

      Napster should have said 100% to the judge, because for his level of knowledge 99%=100%. The exceptions are sometimes only there to prove the rule.

    3. Re:100%? by BIGJIMSLATE · · Score: 5

      Heh, exactly. I'd like to see ONE gov't regulation that requires 100% compliance.

      And 100% is pratctically impossible anyways, because if just ONE song out of...say...5 billion gets through, its not 100% anymore.

      Personally, she's asking WAAAAY too much from them, considering they're already dead.

      Oh look, a dead horse! Let's beat it!

    4. Re:100%? by qarzayba · · Score: 1

      The problem with relying on people modifying music to get through the filters (looking at this from a pre-Napster stance) is that people don't want to give music, they just want to take it. Once they have their music, most people couldn't care less whether anybody else has it.

  84. Guilty before innocent by GreyyGuy · · Score: 1

    I read the article and wondered if this isn't the court deciding that the people are guilty and will be guilty until they can prove otherwise. Shouldn't the court have to prove that they are guilty rather then require Napster to prove they are innocent?

    1. Re:Guilty before innocent by andres32a · · Score: 1

      Absolutely right. But you see the thing is that the RIAA is trying to set some kind of "example" with Napster. And the court is acting as if it worked for the RIAA. I do wonder if these people actually think that other peer to peer services will be intimidated by this move... Well, maybe ill stop coding that teleportation module for instant traveling throught the net... might get sued by the airliners!!!

  85. Judge says fuel efficiency isn't good enough by Kreeblah · · Score: 1

    A judge today ordered auto manufacturers to halt production until fuel efficiency can be increased to 100%.

    OK, aside from the sarcasm, how does the judge expect this to be possible, let alone feasable? Statistically, it is a near-zero chance that Napster could block every single possible variance of an MP3. There's encryption, renaming, file-splitting, adding a few seconds of silence to the end, etc., so the checksums, filename checks, fingerprints, or whatever else they're using will not work. If this order stands, Napster will cease to function indefinitely.

  86. Re:That would be about the only way I'd buy a CD.. by ahde · · Score: 1

    Subpop, at least, is owned by one of the RIAA Corps, Sony, I think. That's the only reason you ever heard "Smells like Teen Spirit." Most "Indie" labels are "recruiting" apparatus owned and subsidized by the big record companies, and focus on very narrow demographics. If there is a new one that finds something new and potentially successful, they buy them, or steal their bands and sue them into submission.

  87. Re:Retail Stores no longer selling CD's by stickytar · · Score: 1

    exactly. where do you draw the line with controlling how your customers will utilize the service? I remember an America not to long ago where the murderer was guilty instead of the gun manufacturer. Where did those days go?

    --
    believing the big bang requires a certain amount of supernatural faith
  88. Read. Research. Repeat. by kannen · · Score: 3
    The order by U.S. District Judge Marilyn Hall Patel came in a closed-door session, according to an RIAA spokesman.

    First of all, Judge Patel is a woman. (Not a male, as you indicated.)

    He should really have appointed a special master to help him deal with the technical issues (which are clearly over his head).

    Furthermore, a technical specialist has been appointed.

    At that hearing she also appointed A.J. "Nick" Nichols as a court mediator to handle technical issues related to proposed filtering solutions.

    Please read the articles. Just as we become furious with judges who seem out of touch with technology, it is also infuriating to hear condemnations of others by those who are clearly out of touch with the articles being discussed.

    However, I do also hope that this will be overturned. It seems clear that Napster is making a "reasonable" effort to bar music piracy.

  89. Famous Attempts at 99% compliance by zpengo · · Score: 2

    Lee Harvey Oswald: What if I aim for his foot?

    Bill Clinton: What if I just put my hand on her knee?

    O.J. Simpson: What if I just scratch her up a bit?

    Clyde Barrow: We're Bonnie and Clyde, and you're gonna give us one penny on the dollar or we'll shoot!

    (Let's face it -- 99% compliance with the law is still non-compliance)

    --


    Got Rhinos?
    1. Re:Famous Attempts at 99% compliance by karmawarrior · · Score: 1
      Bingo! Suddenly Patel's argument makes sense.

      Here's a quick calculation. Suppose 100,000 files are transfered every month. Suppose, for the sake of argument, that 99,500 of these files transfers are illegal. This also implies only 500 file transfers are legit - people trading publically copyable songs, etc.

      If Napster blocks 99% of the 99,500, then it leaves 995 "illegal" file transfers going on, nearly twice as many legal file transfers, assuming none of the legal file transfers have been effected by the same filters.

      One can probably play with the figures. But obviously, if Patel considers the vast majority of Napster uses to be illegal, to the point that she believes less than one in a hundred are actually ok, then we still see illegal file transfering taking up a large proportion of Napster's work, even though the headline figure "A 99% reduction!" appears, at first sight, to be enormous.

      None of this should be taken as meaning I believe that using Napster is illegal, or legal, or anything like that. It's an attempt to understand what at first sight looks like an insane demand at compliance.

      Maybe, just maybe, Patel isn't as stupid as she looks.
      --

      --
      KMSMA (WWBD?)
  90. Not good enough? by desiato · · Score: 4

    99% usually seems to be good enough for anything else the government mandates. Hell, 65% is usually good enough.

    --
    -- Ryan!
    1. Re:Not good enough? by rprycem · · Score: 1

      What is the saying?

      "good enough for government work"

  91. Just what does the Judge want? by Wag · · Score: 2

    Nothing is 100% secure. Nobody can reasonably offer that type of protection.

    If this is the type of standard expected there would be no products or services offered anywhere. Even the FDA has set food allowences on the amount of rodent-hair/bug-parts in canned food. If it was 0 we'd be a mighty hungry nation.

    1. Re:Just what does the Judge want? by nougatmachine · · Score: 1

      Exactly. Using this kind of logic, if the judge has even once in her entire lifetime made a freudian slip while speaking to the court, she is not "100% competant" and should not be allowed to judge cases.

  92. Reading between the lines by ResHippie · · Score: 2
    "Napster, shut down, or I will shut you down."

    I'm impressed that Napster is still trying. Their service now blows, and almost all of their users have jumped ship. Even more are gonna jump ship when they start to charge money.

    Then again, who's gonna pay money for a service that doesn't do anything.

    --

    Those who don't know me, probably shouldn't trust me. Those that do know me, DEFINITELY shouldn't trust me.

  93. Re:Big News by siokaos · · Score: 1

    Or that the RIAA can suck 99% of my... ;)

    --
    http://siokaos.org/
  94. Yes, but.... by Raymond+Luxury+Yacht · · Score: 1

    ... as it is now all you can find on Napster is like "Don Ho's Greatest Hits" and "Boxcare Willy, Live at the Hollywood Bowl". So who'd care?


    --

    Ceci n'est pas une sig.
  95. It's only spelled... by Raymond+Luxury+Yacht · · Score: 1
    --

    Ceci n'est pas une sig.
  96. No, he's not by Galvatron · · Score: 5
    The reason Napster's in trouble is that, as you say, they are aiding and abetting in copyright violation. Remember, NAPSTER isn't the one doing this, the users are. So, by implementing the measures that they have, they are no longer aiding this copyright violation, they are making it difficult.

    Analagously, you would probably prosecute a landlord who owned an apartment building in which pot was being grown on the roof, because that's something he should know about and stop. However, you would not prosecute a landlord because one of his tenants was growing pot in a closet, and never smoked it in the building, because he would have no reasonable way of knowing about, or stopping that. Likewise, as long as Napster makes a good effort to stop copyright violation, they should be guilt free. The RIAA should then have to sue the users if they are still unsatisfied.

    The only "intuitive" interface is the nipple. After that, it's all learned.

    --
    "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  97. Re:Big News by slamb · · Score: 1

    the odds were not, in the absense of all other evidence, 1:50,000 against Larry murdering Curly, the odds were actually 100:1 that he didn't do it.

    That's not true. In your hypothetical situation, there are (approximately) 100 matches in the city, but only one whom the police suspected enough check his DNA. The match wasn't how they found Larry, it was how they validated their suspicions. It would be closer to true had they run a DNA match against the entire population of the city, but that's not what you described. (And we don't have a system in place to do that sort of thing, so there aren't any real cases like that now.) There's no magic formula for finding the odds someone committed a crime, but your 100:1 is insane.

  98. Re:Big News by slamb · · Score: 1

    That's why he said, "in the absense [sic] of all other evidence."

    No, that wasn't what he said:

    He said: No evidence exists except a suspicion on the part of the police and a hair on the knife used to kill Curly.

    As I said, the match wasn't how they found Larry. Whether or not is was significant enough to stand up in court, they had some reason to check Larry's DNA. I believe in our justice system they must have some reason before they can do that.

  99. Re:Big News by slamb · · Score: 2

    The suspicion could have to do with anything - he, Moe, and Curly were seen together regularly, and Moe was out of town on the day of the murder. This isn't evidence of murderous intent, it's just a connection that police might follow up.

    And you think that connection makes him no more likely to have done this than the other hundred or so people around the city? Many of those would likely have never even seen Curly.

    I'm not saying that your hypothetical situation is unbelievable, that they couldn't make a mistake like this. All I'm saying is that your 100:1 odds make no more sense than their 1:50,000.

  100. It's all about the back catalogue... by tommut · · Score: 1

    I've used Napster maybe three times. I buy on average two-threee cds per month and have for probably for the last two years. Probably less than 10% of the albums are modern/recent material. There's lots of great stuff out there that I haven't heard yet. Hell, getting the entire Yes back catalogue is gonna take some time. There's lots of great older bands to get on CD (Jethro Tull, Marillion, etc) that I still have yet to run out of CDs to buy. And this is all without the help of Napster.

    Another thing that I do is hit Amazon.com and check some of the user-made lists of cds for the musical genre I like. For example, I listen to progressive rock, so I check all the music lists in that category, and find some really cool cd's that I've never heard of. See, music isn't shit if you know what to look for.

    1. Re:It's all about the back catalogue... by tommut · · Score: 1

      Sweet. Misplaced Childhood is in my top-five. Excellent concept album that actually works. Marillion and Genesis (pre-Hackett departure, like you said--Selling England rules) are my two favorite bands at the moment. Some neo-prog that I'm really into right now is the mighty Spock's Beard, The Flower Kings, echolyn, and Pain of Salvation. As for old school, I like Gentle Giant, Camel, Tull, and the Floyd.

      Good to hear from a fellow Proglodyte.

    2. Re:It's all about the back catalogue... by NoOneInParticular · · Score: 1

      Cool, which CD's of Yes have you got already? I bought quite a few Yes CD's recently but I'm still missing some, wanna share?

    3. Re:It's all about the back catalogue... by imipak · · Score: 2
      Whoo! $prog++!! I was just listening nostalgically to B'Sides themselves, and Misplaced Childhood, last night.

      I'm also gradually accquiring the Yes back catalogue, but also wanting more-or-less complete King Crimson, Genesis (up until Steve Hackett left, anyways), some obscure British stuff like Strawbs (np: "Autumn [The Winter Long]") and IQ... and of course, the mighty Hawkwind!! :)
      --
      "I'm not downloaded, I'm just loaded and down"

    4. Re:It's all about the back catalogue... by imipak · · Score: 2
      "Proglodyte. "

      *giggle* yeah,... that's me ;) I'm into a lot of other stuff too, though - "indie" (well, Spiritualised, Verve, Blur, et al), classical, barouque, bebop, flamenco, techno, hell I even have some happy hardcore. Variety eq spice of life, init.

      Personally I think "Clutching at Straws" even better than Misplaced Chikldhood, but then I'm a pisshead ;)
      --
      "I'm not downloaded, I'm just loaded and down"

  101. Those artists can be found on mp3.com by yerricde · · Score: 1

    some artists do in fact give music away for free.

    Most of those artists post their work on a public web site such as MP3.com that has a much bigger pipe to the public Internet than somebody's 128 kbps capped cable or DSL upstream connection. (Most bands on RIAA labels place marketing over substance and deliver inferior product.) I can see NO real reason for Napster to exist.

    --
    Will I retire or break 10K?
  102. No one can do 100% with any public system by bildstorm · · Score: 1

    I'm sorry, but Judge Patel doesn't have any more of a clue that what the RIAA says.

    Anybody who knows about publicly accessible systems knows that these things are possible. Heck, people have been trading ISOs on Hotline for ages, in addition to mp3 files. There are plenty of search engines and plenty of websites available out there as well. I used to d/l mp3 files BEFORE napster.

    The only way to prevent digital information from flowing and have absolute security is to remove networks. That's it. And given the number of artists who's popularity has grown with the number of fan sites and traded music, that doesn't make much sense to the RIAA if they REALLy think about it.

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. - G.B. Shaw
  103. Down to 4-5 CDs/year by bildstorm · · Score: 1

    Most of the record groups in the US have no sway on me or the music I listen to. A lot of the music I buy now is either classic jazz (like Duke Ellington, Louis Armstrong, Ella Fitzgeralnd) or classical. Sometimes I buy some dance music from Europe.

    As for modern bands that I like? Well, I've bought The Corrs and David Gray after seeing them in concert. But that's it for quite some time.

    --
    The power of accurate observation is commonly called cynicism by those who have not got it. - G.B. Shaw
  104. STUPID!! by Some12 · · Score: 1

    Already naptser alternatives are running almost as well as napster was at it's peak. What the hell are the record executives going to do, start chasing around every program that allows you to share . As far as i'm concerned i hope the recored industry looses lots of money chasing after these people. I just feel bad for the folks like napster that have to deal with it.

  105. Kinda expected, don't you think? by icqqm · · Score: 2
    If it's already been ruled that any pirated songs on Napster are Napster's fault, then it doesn't seem surprising that 100% compliance should be expected. The argument everyone's putting forth is that they shouldn't be resposible for the "small number" of people getting through, but the thing is - they are responsible as far as the law is concerned.

    99% compliance for parole conditions is still non-compliance, 99% payment of taxes paid still leaves unpaid taxes. Napster shouldn't have to remove every copyrighted file from its network, but if it's been found responsible for every file, then it should be responsible for removing every file from its network. Everyone's problem is with giving Napster responsibility, not ensuring 100% compliance with the law.

    1. Re:Kinda expected, don't you think? by terrymr · · Score: 1

      Would you mind providing an example of 99% compliance with parole conditions ? that would require at least 100 different restrictions being put on the parolee - likely to be considered overly burdensome when they're brought before a judge for a violation.

      Do you comply 100% with the law 24 hours a day 365 days a year ? including even the stupid laws you didn't know existed ?

  106. At one point... by mszeto · · Score: 4

    At one point Napster will figure out that the record industry was happy about the verdict because it ineviatably means the death of napster.

    It may cost them millions of dollars to figure this out, but eventually they will. The other file sharing programs are really taking off. Go to Zero Paid and check out all file share programs. Napster has become unnecessary - and their service depends on them being necessary.

  107. Judge orders gun manufacturers to ensure legal use by bendude · · Score: 1

    No, I made that up. Copyright is clearly a much more important issue than public safety or a persons right not to get hot lead blasted into them.

    In other news...
    Gunmakers open to voluntary arms tracing plan
    But the United States announced this week that it would oppose any commitment made at the conference to negotiations that would lead to a legally binding commitment, including on marking and tracing.......
    .....The George W. Bush administration is a strong supporter of private gun ownership.....


    Washington Challenges UN Attack on Small Arms Trade
    The United States on Monday warned a U.N. meeting on small arms trafficking it was prepared to do battle to defend the rights of arms makers and legal gun owners -- even when the guns they want to own were specifically designed for war......

    --


    Get the Hell off my planet, you slimy mobster Bush!
  108. Talk about constipation by displacer · · Score: 1

    When I saw the subject, I initially saw "99% Blockage Isn't Good Enough...says Judge" and thought - "I knew judges were anal, this just proves it."

  109. 99.999% by BiggestPOS · · Score: 1
    I'd say fine nines would be good enough, I mean, honestly, thats all I get from the phone company as far as uptime on my T1. Thats all we should expect from Napster. The funniest part is, everyone has moved on to something new! Morpheus anyone?

    --
    What, me worry?
  110. Re:Good, for Napster. by MaxwellStreet · · Score: 1
    An excellent response. Hear hear. . . even if the point of view is unfashionable here.

    Give up the points, moderators.

  111. Re: the judgement is insane -- if not then, now. by IronChef · · Score: 1


    Just to pick nits: the term "armor piercing" is kind of misleading. Big, heavy bullets, like the kind used in military rifles and hunting rifles, are all "armor piercing" by their nature. They'll slice right through all but the most elaborate personal armor, as that armor is typically designed only to stop handgun rounds.

    Far from being specially crafted to pierce personal armor, this kind of ammo is as simple as it gets: lead covered in copper. Nothing fancy... but when it's flying fast it will punch through Kevlar pretty easily. (there are more exotic rounds for hunting, but they're not any more "armor piecing" than the basic stuff.)

    You don't want to shoot a big animal with something that doesn't have good penetration, otherwise the ammo will lodge in the outer tissues, and the wound won't be fatal, and you'll have this horribly wounded animal to chase down. You need to penetrate down into the organs to make a clean kill.

    Anyway, just had to address that urban legend thing.

  112. Re: Idiots by StCredZero · · Score: 1

    One thing that major label artists could do would be to demand that they retain the ability to publish themselves online, with a certain royalty going back to the record company.

    Whatever happened to those stores that were supposed to burn custom mix CDs for you?

  113. amen to that! by chrome+koran · · Score: 1
    napster has been a dead issue for months...the only thing keeping it alive at all is the media dorks who still think this is at all relevant to anything at all

    see you on one of the gnutella hacks where i continue to freely download all the hits...all the time...all free :-P

    --

    It's not funny till someone gets hurt.
  114. The elusive 5 9s by pizen · · Score: 1

    Napster will never achieve 99.999% removal just as Microsoft will never achieve the 99.999% uptime they advertise.
    ---

  115. 200% by PyRoNeRd · · Score: 1

    And when they do get 100% compliance the judge will demand 200% compliance.

    Napster must go dead and everyone involved must go to jail and lose ever penny they own.

    That is the only thing that will fully satisfy the RIAA.

  116. Re:F*** your constitution by PyRoNeRd · · Score: 1

    Agreed, any country in which guns and hate speech are legal, but innocent drugs like marijuana and pornography (which hurts no-one) are illegal has a depraved sense of morality which once was found in the unspeakable crimes of Nazi Germany.

  117. Fair use is a thing of the past by PyRoNeRd · · Score: 1

    Soon the record companies will govern what you listen to, when you listen to it, how you listen to it and where you listen to.

    You will have to click an EULA when you get your music online, you will have to pay extra to play it on your music player, you will have to pay to put the music on pause when the phone rings. You are not allowed to listen to the music in company and you are not allowed to discuss it with other people unless your opinions are 100% positive and even then you have to allow the record companies to prescreen them.

    Welcome to the United Totalitarian Police State of RIAA!

  118. hate speech by PyRoNeRd · · Score: 1

    Hate speech is not an opinion it is a CRIME!

    Why has a country like Germany (the main culprit of WW2) learned the lessons of World War II whilst the USA (which shares some complicity for what happened in the Holocaust and also has some hateful events of its own in its name, such as the genocide of indians and the racist wars against Japan, Korea and Vietnam) seemingly hasn't learned a thing and still alows racist groups to operate without impunity?

    In Holland, where I live it is impossible for a hater to open his mouth without being in violation of the law. The judge will interpret his sayings and send him to prison or fine him severely

    We don't have any fascist groups whith more than a insubstatial followers.

    1. Re:hate speech by haplo21112 · · Score: 1

      >>>Hate speech is not an opinion it is a CRIME! +I agree Hate Speech is a CRIME, but its a protected crime, in the US. You can say all you want if you dislike some person or group, but you must take action to violate the law generally.(There are some exceptions) >>>Why has a country like Germany (the main culprit of WW2) +Yep they had an evil leader that made them do evil things, and got other countries to go along with it(although if you look at what the man was doing would realize that had he succeeded, that his allies in part one would have become his targets in part two) Speaking of which why is that most of us rememeber Japan, Germany but never speak of the other countries that were involved, Italy seems to get away scott free in most discussions. >>>>learned the lessons of World War II whilst the USA (which shares some complicity for what happened in the Holocaust +The only thing were share there is that we didn't enter the war soon enough, as long as we were not under attack we were happy to say out of it. It was only after Japan attacked us that we got involved for the most part. >>>> and also has some hateful events of its own in its name, such as the genocide of indians and the racist wars against Japan, Korea and Vietnam) + Humm lets see, Japan attacked us first, we fought back, bombed them to hell and back, produced the broad stroke to win the war there, so they would leave us the hell alone, ask me they got what was coming to them. Germany might have got the same if it had not been surrounded by the Countries the US was trying help. Can't very well Bomb Germany and have the Fallout land on France! We were asked to come to the other two countries to defend the concept of freedom, and entered those wars to prevent another Germany, WW2. >>>seemingly hasn't learned a thing and still alows racist groups to operate without impunity? +Yes we do, see comment ONE above we call it the first amendment, Right to Free speech, you can't be arrested for thinking, only acting. The bulk of us do not want the Hate element operating, but the price of living in a free society is that we must allow people to act freely as long as they operate within the law. >>>In Holland, where I live it is impossible for a hater to open his mouth without being in violation of the law. +Well thats just Sad... >>>The judge will interpret his sayings and send him to prison or fine him severely + Seems very, open to subjective judgement. How does one define hate speech? If I say that I dislike one person of a different race because I had bad business dealings it sounds as if I could be guilty of hate speech against an entire race. I was once accused of this infact, in grade school, I intensely disliked a teacher of mine who happened to be Black. I didn't dislike her for her skin color(I have had many balck friends, and even dated a Black woman for several months last year) I just didn't get along with her restrictive and oppressive way of teaching. >>>We don't have any fascist groups whith more than a insubstatial followers. + I would love to see this in my country as well, but I feel the price is far too high, I am an opinionated Bastard, and I would hate to have something I said read into as hate crime. Perhaps you could provide more information on how this whole thing actually works, and what the limits are and such?

      --
      Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
  119. Re:Argh... by Nos. · · Score: 1

    Unfortunately the real world doesn't work that way. I can manufacture (write code) my widget. Now if someone uses that widget to commit a crime, I will not be forced to stop making said widget. Say for example something mundane like a potato peeler. Then some trenchcoat wearing teenager runs out and stabs six people because Marilyn Manson told him to. It is the responsibility of the manufacturer to ensure only legal use of the product. Napster can still be used to trade music that is free.

  120. Re:Argh... by Nos. · · Score: 1

    ACK!! NOT the responsiblity of the manufaturer! Must always use preview, even when not using html!

  121. Good, for Napster. by haplo21112 · · Score: 1

    This whole thing has gotten completely ridiculous. They should fight this, to the death, cause they are gonna die anyway...we have a right to download the music, and there really is no way any service can make 100% stick anyway.

    --
    Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
    1. Re:Good, for Napster. by haplo21112 · · Score: 1

      How do i get to be a troll for this?

      --
      Power Corrupts,Absolute Power Corrupts Absolutely, leaving one person(group)in charge is absolutely corrupt.
    2. Re:Good, for Napster. by kbeast · · Score: 1

      true, however, saying that its ok to download mp3s over a napster subject, that leaves alot open..
      sure, they'res tons of mp3s that aren't commerical...

      I think a problem with napster with artists who "aren't known" causes a problem, because, well, most people don't know the "unknown artists." How are you suppose to search for them if you don't know their names?

      .kb

      --
      Two Wrongs Don't Make A Right-- But They Make Me Feel A Whole Lot Better
    3. Re:Good, for Napster. by Zaknafein500 · · Score: 1

      . . .we have a right to download the music. . .

      How exactly do you have the RIGHT to download something for free that is meant to be sold for money? If you haven't paid for the album, then your rights to it are exactly none. Like it or not, music is not meant to be free. If you like it, pay for it. Copyright holders have every right to make sure that their work is protected.

      --

      "The guide is definitive, reality is frequently inaccurate."
    4. Re:Good, for Napster. by datick · · Score: 1

      we have a right to download the music

      ummm.....have you missed the whole damn thing? according the courts, we have no such right. also, according to the courts, the riaa has every right to make us pay for the music.

      there really is no way any service can make 100% stick anyway i think that is the point, they don't like napster and are doing what they can to end it, without blatantly saying, "there is no more napster."

    5. Re:Good, for Napster. by TeraCo · · Score: 1

      How did you get to be insightful for that matter? What you said was basically a bunch of free speech hippy crap with some emotive speech thrown in [to earn the big karma points!]. Come on, when can we get some content?

      --
      Not Meta-modding due to apathy.
  122. Here's an approach for Napster... by bsdbigot · · Score: 1
    The CNET article mentions that the audio-fingerprinting technology is a barrier to creating a database of "forbidden" songs... I invoke the complement rule: Napster should maintain a database of "acceptable" songs - this has two benefits, assuming RIAA wants all the songs that they own protected from piracy:
    1. The subset of all songs that are not blacklisted is likely to be much, much less than the songs we can trade freely
    2. Storage and processing for this smaller set of songs is - duh! - smaller! Less overhead in checking if a song is allowed than checking if it's blacklisted.

    This is also a strategy that could get RIAA off Napster's back: working under the assumption that all songs are blacklisted until proven otherwise.

    Admittedly, this probably sounds easier than it really is...

    --
    main(){char I,l,O[]={'-',1-1,0,(1<<5)-1,0+'-',-10-1,-10,11-0,- 1,-100};for(I=l=0;l<10+0;put
    1. Re:Here's an approach for Napster... by bsdbigot · · Score: 1
      The other half of this solution requires a registration process - in order to have something on Napster, you have to submit it to a reviewing entity that will determine whether or not the material is unencumbered. Once it is determined free and clear, the fingerprint is stored in the "accepted" database, and trading can commense. This fits right in with the popular view of "Why should Napster have to determine if material is copyrighted or not?" as it places the burden of proof on the artist, label, or individual submitting the piece to be shared.

      This may be a little hard to understand, for those of us that are thinking in the purely P2P model. P2P is merely the transport protocol - it takes additional technology to manage content.

      --
      main(){char I,l,O[]={'-',1-1,0,(1<<5)-1,0+'-',-10-1,-10,11-0,- 1,-100};for(I=l=0;l<10+0;put
    2. Re:Here's an approach for Napster... by ferringb · · Score: 1

      the problem with this is fairly simply though, consider if they're using a list of auroral finger prints for the songs and only allowing those through that match, what if I, a DJ hobbyist wanted to share my music? I'd be screwed royally because it'd only be allowing a small portion through, and only that which it knows is alright. true, it beautifully takes care of being sued (only thing they're allowing is stuff they've checked already), but that'd serve as a sort of additional death for napster, because napster has always had that element of finding something new, something few or nobody knows about.

    3. Re:Here's an approach for Napster... by terrymr · · Score: 1

      yes but this runs contrary to accepted legal protections - ie if you're not doing something illegal you are not required to prove it's not illegal before doing it.

    4. Re:Here's an approach for Napster... by terrymr · · Score: 1

      Oh I see we've gone from a preliminary injunction skipped all the usual trial formalities and summary judgment has been issued has it ??

      The last time I checked all that had happened was that a judge had ruled that the record industry had a reasonable chance of success at trial and to prevent irreperable harm napster should cease offering copyrighted works until a final ruling after the trial (which hasn't even begun yet)

      The question of whether napster was doing anything illegal hasn't even been argued yet !!

      (I Understand the preilimary injunction hearing heard some argument on this but it is in no way a final determination of this case).

    5. Re:Here's an approach for Napster... by terrymr · · Score: 1

      And the "innocent until proven guilty" bit is only for criminal trials, not general conduct. Can you buy a car without registration and other paperwork? Does E-bay let you trade narcotics? Do bartenders have to wait until the police come and you're arrested before they card you?

      errr what ?! By what you're saying cops should pre-emptively pull over every driver and check documentation or better still set up a check point in your driveway

      Last time I listed something on Ebay I didn't have to submit a lab test to prove it wasn't narcotics - they just took my word for it.

      I wasn't trying to apply an "innocent until proven guilty" exactly - but it is not normal to prohibit all trade in order to prevent the illegal part.

  123. Bypassing the filters by bl968 · · Score: 2

    You can easily bypass any of the filters napster has put in place. On a web page, list the songs and randomly generated or sequentially generated numbers such as M01020. Then compresses the music with a compression program such as winzip, arj, pkarc or one of the other compression formats. Next you take and rename the file to name.mp3. Now once you do that simply login to napster. Their software will not see a matching title, artist, or song signature since it is in compressed form. Thus, there is no method, which anyone can promise to be 100% successful in blocking all copyrighted material.

    I am not a music pirate. Nor do I suggest or encourage anyone to use this method. However, what I have used napster in the past for was to recover music I have legally purchased in the past but I have since damaged and/or lost the media for.


    --
    When I'm good I'm very good, when I'm bad I'm better, But when I'm evil you better run :P

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
  124. Freakin' retaahded. by xmutex · · Score: 3

    This is a horrible judgment. It's insane.

    What's next? Are judges going to shut down university computer systems because obviously, some kids somewhere in the system are using their home directories to store w4r3z?

    I realize that the judge is really just trying to do the RIAA favor and really stop Napster's heartbeat, but this silly.

    People ship CDrs with pirated software through the USPS-- better shut them down, too!

    Crap, I tell you. Crap.

    --

    jack's bicycle is music to my ears
    1. Re:Freakin' retaahded. by tmark · · Score: 2
      Are judges going to shut down university computer systems because obviously, some kids somewhere in the system are using their home directories to store w4r3z?

      On most any university system, if the admins find people trafficking in warez they can expunge their accounts, prevent them from getting new accounts and/or monitor their activity later, and possibly subject them to disciplinary action. These are recourses unavailable to Napster because of the essential anonymity - you close my account ? I open a new one, and all the files you hoped to make unavailable are now all available again, and just as easy to find. The judgement is not insane, because Napster provides no good way of preventing piracy. Even though Napster has made an effort at preventing some piracy, effort is not and should not be enough to get it a passing grade in this case.

  125. Idiots by guinsu · · Score: 3

    How can they expect 100% compliance from Napster when video tape/cd-r and mini disc manufacturers have never had a burden like that placed on them.

  126. jeesh... by maddogsparky · · Score: 3
    ...they can guarentee 99% complience, but Patel says this is not good enough...

    Wish the judges in the Microsoft case were that strict...

    --
    science is a religion
    1. Re:jeesh... by GreyPoopon · · Score: 2
      Wish the judges in the Microsoft case were that strict...

      You know, the parent post is modded as "funny" but it really isn't. If I had "mod" today, I'd make it "Insightful." Think about the implications. If Napster was a wealthy powerhouse like Microsoft, would they have received this kind of ruling? I bet not. This, of course, is not to defame Microsoft, but rather the justice system that lets large rich corporations get by with a slap on the wrist while punishing smaller companies until they are dead -- then giving them an extra kick in the ribs for good measure.

      GreyPoopon
      --

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

  127. in an additional judicial order by cbowland · · Score: 1
    The supereme court ordered Judge Patel to stop making inane rulings until he can guarantee that 100% of his rulings will not be overturned on appeal.

    Give a man a fish and he will eat for a day.

    --

    Give a man a fish and he will eat for a day.
    Teach him to eat and he will fish forever.

  128. Bad Implications for ISPs, AIM, etc. by byteCoder · · Score: 3

    I guess this sets a legal precedent for anyone who has a file distribution mechanism to make sure that there are absolute no unlicensed copyrighted material on their sites.

    Does this mean that AIM needs to start blocking Buddy Icons that are infringing on someone's copyrights? I guess so much for my Bart Simpson buddy icon. (But how does AOL know that I don't have proper authorization and clearance to use that icon?)

  129. Napster is dead in the water by ageitgey · · Score: 2
    Napster has effectively lost what few remaining users it had now that they aren't running at all (and haven't been for over a week). The newly announced pay service is completely new software where certain approved songs from labels and artists bought off are available at low quality in some yet-unspecified format where users "can't make cd copies", or so they say. Basically it's a service where you can download low-quality versions of songs to listen to on your computer for a fee, except you have to supply your own bandwidth and put up with only getting what is offered by others. Mark my words - that will never be sucessful with AudioGalaxy, etc around now.

    In other words, napster is history. The media is just writing stories about it because they don't have anything better to write about it or don't have any clue what they are saying (See the hilarious CNN stories about Microsoft letting manufactures alter desktop icons. Every time it was repeated on headline news last night, it changed slightly until it was so far from true it was hilarious. Poor anchors.). AudioGalaxy, etc are the stories these days, not napster.

    --
    Uninnovate - Only the finest in engineering.
  130. 99.999% is good enough. by Traicovn · · Score: 1

    everything in the computer industry is 99.999%. You can't be 100% sure of anything. Nobody's perfect. Not even the judge.

    I could change the titles of my songs to something that was allowed, If they scan the headers, I could modify those. It's just not possible in ANY industry or really ANYTHING AT ALL to be 100% secure, safe, or positive. Napster has done a very good job of blocking stuff, Out of several hundred MP3's on an individuals computer, they allow something like, maybe three. I have some no-name stuff that one of my friends did, and Napster won't even let THAT be transfered.

    What hasn't been blocked, has been lost because Napster's members gave up. The Justice department has to understand this.

    Even the Justice Department can't be 100% sure of anything. There is always a chance that someone can be wrong, or lie, or make a mistake. Nobody's perfect. Not even the judge.

    [Something witty and intelligent should have appeared here.]

    --

    [Something witty and intelligent should have appeared here.]
    {Traicovn}
  131. Re:Big News by CtrlPhreak · · Score: 1

    Since when did it count anyway? All I think of is OJ....

    --
    WikiAfterDark.com It's a sex wiki, go now!
  132. oh yea? really ? by Durandel1020 · · Score: 1

    How many people would still use Napster now anyway?! You would be so lucky find my MP3 of someone playing a trumpet with their butt, let alone anything decent to listen to. Roland

  133. The reason for 100% by gosand · · Score: 1

    The RIAA demands 100% blockage.
    Napster agrees (knowing it really isn't possible).
    Someone from the RIAA successfully posts a copyrighted song.
    Napster violates the agreement. Bye-bye Napster.

    --

    My beliefs do not require that you agree with them.

  134. Re:F*** your constitution by nanoakron · · Score: 1

    Was that meant to be sarcasm? Because it didn't work.

    -Nano.

  135. Big News by Calle+Ballz · · Score: 5

    This means that DNA evidence can no longer be allowed to stand up in court. It's only 99.999998% effective, you know.

    1. Re:Big News by karmawarrior · · Score: 1
      No, that wasn't what he said:
      Yes, it was: In other words, the odds were not, in the absense of all other evidence, 1:50,000 against Larry murdering Curly, the odds were actually 100:1 that he didn't do it. You however quoted:
      He said: No evidence exists except a suspicion on the part of the police and a hair on the knife used to kill Curly.
      A suspicion is not evidence (though I misworded the above in such a way that it made it look like I thought it was - but obviously I don't!) The suspicion could have to do with anything - he, Moe, and Curly were seen together regularly, and Moe was out of town on the day of the murder. This isn't evidence of murderous intent, it's just a connection that police might follow up.

      As I said, the match wasn't how they found Larry. Whether or not is was significant enough to stand up in court, they had some reason to check Larry's DNA. I believe in our justice system they must have some reason before they can do that.
      I've heard of cases where the DNA of everyone (or everyone matching a particular class (ie all males, etc) in a particular area has been checked when the police have exhausted all other possible ways of getting evidence. The checks are, of course, voluntary. In Larry's case, he may well have known the police suspected him, and therefore voluntarily given a DNA sample believing it would clear him.

      Ultimately there needs to be evidence that strongly suggests that of the 100 people in LA with the same DNA, Larry was likely to have done it. In the hypothetical case proposed above, there is no such evidence...
      --

      --
      KMSMA (WWBD?)
    2. Re:Big News by karmawarrior · · Score: 5
      This isn't as daft as it sounds. DNA evidence is commonly misrepresented, using extreme odds to suggest that something is highly unlikely, when the evidence proves the opposite. Likewise, many posters here are making the same mistake.

      In LA, Larry is charged with Curly's murder. No evidence exists except a suspicion on the part of the police and a hair on the knife used to kill Curly. A sample of Larry's hair is sent to a DNA lab. "Good news", says the lab technician to the police. "The DNA matches. Only 1:50,000 people have that strain."

      The prosecutor tells the jury. The jury convict. After all, the chances are 50,000:1 that Larry's innocent aren't they? That's what the prosecutor said, and he was just repeating what the lab said wasn't he? As the prison warden throws the switch and Larry burns to a crisp, something odd happens. A close circuit TV film is revealed which proves that someone completely different murdered Curly. What happened?

      Answer: People misread the statistics. There are well over 50,000 people in LA. If there are 5,000,000 people in LA (which I suspect is a low estimate) then there were approximate 100 suspects. In other words, the odds were not, in the absense of all other evidence, 1:50,000 against Larry murdering Curly, the odds were actually 100:1 that he didn't do it.

      How is this relevent here? Answer: People are interpretting Patel as meaning that she wants more than 99% of the activity on Napster to be legitimate. This is by her demand that Napster remove more than 99% of the copyrighted material.

      But one is not the other. To use statistics I've written elsewhere, if there are 100,000 transactions enabled by Napster, and 99,500 of them are illegitimate, then a 99% reduction would still leave 995 illegitimate transactions against 500 "Patel Approved" ones. The way most posters are reading it, Patel has instead demanded that more than 99% of transactions be legal. That's not what she's said.

      Clearly she believes, rightly or wrongly, that there is an excessive amount of violations of copyright law on Napster, to the point that the vast majority, well in excess of 99%, are illegal. Patel is demanding that there be a massive reduction.

      Whether her comment "100%" is supposed to be taken literally or not, I don't know. But simply reducing the number of copyright violations on Napster by 99% may actually not be enough, depending on the scale of the issue, to mean that legal uses of Napster would be in the majority.

      DNA evidence doesn't always mean what people think it means. 99% doesn't mean the same thing as 99% in another context either.
      --

      --
      KMSMA (WWBD?)
    3. Re:Big News by Ubi_UK · · Score: 1

      "As I said, the match wasn't how they found Larry"

      Actually, population-wide DNA matches is starting to happen, and we'll be seeing more and more of that. In such a case, the DNA will be their only evidence. Clever proscecutors will be able to persuade judged with pretty numbers that 'he must have done it'. This is scary!

      At the moment, our 50.000 : 1 stats are based on mathematics. we need to *test* the realy probability, and we'll probably see that we are a lot more alike than stats predict

  136. This is absurd. by wackysootroom · · Score: 1

    Does this mean that if a software company releases a piece of software that is not 100% reliable that they can be sued? If the RIAA can get a court order to force Napster to create bug free software, I begin to wonder how many other content-filtering software providers can be held liable for bugs in their software.

  137. Argh... by RareHeintz · · Score: 2
    Judge Patel appears to lack the technicall savvy of say, Judge Jackson - he clearly has no clue what he's asking for. The only really reliable way to ensure this would be to only allow users to swap authorized files with, for example, known names, sizes, and MD5 checkums.

    He should really have appointed a special master to help him deal with the technical issues (which are clearly over his head).

    Of course, the other explanation is that he's in someone's pocket. Hmm... Are judges required to give disclosure of their personal finances - investments and all that?

    Anyway, I have to bet this will get overturned by any half-bright appeals court.

    Just my US$2e-02,
    - B
    --

    1. Re:Argh... by dinivin · · Score: 1


      Or perhaps Judge Patel is well aware of the technical issues and has dismissed them because they're irrelevent. If someone is violating the law (and I'm making no judgement about whether or not Napster is doing this) then it's irrelevent how difficult it is for that person (or entity) to stop breaking the law. A judge can, and should, force them to stop irregardless of the technical issues involved.

      Dinivin

    2. Re:Argh... by dinivin · · Score: 1

      Napster can still be used to trade music that is free.

      And I don't see where Patel said anything to contradict that.

      Dinivin

  138. Re:Why I like Napster by BarefootClown · · Score: 2

    Actually, they should be actively targeting individuals. Whether you believe in the concept of IP or not (this is not the time for the debate), the fact of the matter is that it is the individual who breaks the law, not Napster. If I rip a Dave Matthews CD and post it online, I have published copyrighted material; that is against the law. If I post the file to the web, and add it to AltaVista's index, I have published it an easily-searchable and easily-accessible venue. Is AltaVista responsible for the material? No. I, personally, am responsible. Napster is functionally equivalent to AltaVista. I use(d) the Napster service, but never shared anything I didn't know was public domain, or otherwise unrestricted (I know, I'm a bastard user. Deal with it.); all of my copyrighted songs were explicitly kept off the service (on a separate hard drive, on a separate machine, which didn't have a copy of Napster). I did this as a CYA move; our network admins (University of x) watched for outgoing MP3 transfers. A side result of this is that I did not publish or cause to be downloaded any copyrighted material (I did publish some stuff, such as Bizet's Farandole, but the copyright has long since expired). The fact that I published non-copyrighted material doesn't make me a criminal any more than it makes Napster, Inc. a criminal for indexing it. If I had published my Chicago collection, I, and I alone, would have been responsible for violating the copyright law; Napster would simply have been the vehicle. Actively targeting individuals is absolutely the correct way to combat copyright violation; the reason the RIAA went after Napster is because it was an easy target, not a legally valid one.

    --

    "Make it ten--I am only a poor corrupt official."
    --Captain Louis Renault (Claude Rains), Casablanca

  139. I demand payment!!! by RustyTaco · · Score: 1

    Trolling /. requires a lot of time and money! I spent a lot of MY time reading this thread and composing this message and you are legally and morally obligated to compensate me for my time, effort, and expenses! Broadband access and microsoft licences arn't cheap you know!

    Oh, you say you never asked for my post, nor did you think it was worth anything after reading it? Well that's unfortunate, but I still have spent all that time and money and I deserve to be compensates, so cough it up.

    - RustyTaco

  140. Retail Stores no longer selling CD's by tazmaster · · Score: 1

    In related news Blockbuster Music and Wal-Mart, among others, was issued a ruling today prohibiting them from selling cd's because shoplifting and employee theft kept them from haveing a 100% blockage of stolen music. BMG music club has also been disbanded due to non-payment of royalties due to lost mail and mail fraud. Note: if you don't understand my post please look up sarcasm in the dictionary... I'll wait.

  141. This is arse by eWulf · · Score: 1

    How do you make sure that every single solitary gun stays with it's registered owner?Do you demand that every registered gun owner produces his\her gun at the police station every week to make sure none are stolen \ sold on?This is a completely bogus argument.

    --
    "If Stupidity got us into this mess, then why can't it get us out?" - Will Rogers
  142. Agreed by eWulf · · Score: 1

    Too true.You forgot: Newsgroups, fan sites, the music press, going to gigs.I haven't noticed a flood of radical new music which would never have been discovered without Napster.

    --
    "If Stupidity got us into this mess, then why can't it get us out?" - Will Rogers
  143. Re:F*** your constitution by TeraCo · · Score: 1
    Im not American, so I can wholeheartedly say. "Fuck your constitution!" You people take that shit way too seriously; racial profiling, slavery, forfeiture laws, presumnption of innocence (drug testing), McCarthyism...I could go on forever.

    The company is an American company, the servers are American servers, deal with it. Or start your own company and servers. [Or perhaps you have realised that copyright laws are just as pervasive in your own country?]

    --
    Not Meta-modding due to apathy.
  144. Re: the judgement is insane -- if not then, now. by TeraCo · · Score: 1

    No, that assumption is just as false as the assertion that the remaining 10% are only around to traffic in the 1% of illegal mp3s still available.

    --
    Not Meta-modding due to apathy.
  145. Re:Make drug dealing a death sentence like in Russ by TeraCo · · Score: 1
    Why look at Russia? Why not a country with a police force that is properly equipped and not [as] corrupt?

    You are rigging your stats to prove a point.

    --
    Not Meta-modding due to apathy.
  146. Reminds me of a part of Snow Crash.. by Pop+n'+Fresh · · Score: 2
    Remember when L Bob Rife (of Neal Stephenson's excellent 'Snow Crash') is pontificating on his rise to power, and his contempt for government? A reporter is asking him about how the government broke up AT&T once upon a time, and Rife says something like 'It's like they figured out how to legislate the horse just as Henry Ford was cranking out Model Ts'.

    The RIAA is just now putting the screws to Napster, just as Aimster and a dozen other programs are taking off. You can't kill an idea.

    --
    *This page intentionally left pointless*
  147. It remains to be seen that Patel DID violate... by dinivin · · Score: 1


    Did Patel violate the higher court's order? We'll just have to wait and see.

    Dinivin

  148. There will always be ways around it... by kypper · · Score: 1
    but nobody cares.

    Napster's use has dropped, and we have all moved onto Audiogalaxy, or Gnutella, or what have you.

    The judge cannot expect 100%; we know this as tecchies. However, since few of the legal profession understand technology, then it is to be expected that he would request it.

    This is just the final nail on the coffin.

    Screw 3...

  149. Re:Why I like Napster by Darth+Paul · · Score: 1

    He-hey! Like the words of Obi-wan Kenobi - "Strike me down, and I shall become more powerful than you could possibly imagine"

    Napster's getting bashed, but strangely enough, there's no corpse ...

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  150. Napster is dead ... by Genoaschild · · Score: 1

    Use Gnutella. I use the limewire client. You can music, divx movies, and nearly any popular copywrited program in existence if you look hard enough. Why use napster? Napster should pack its bags and settle its losses and move on to "the next big thing."
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    Just because a bunch of people believe or do something stupid, doesn't make it any less stupid.
  151. Evasion by TimeTrav · · Score: 1

    What about filename changers such as the ever-famous pig-latin convertor? Will Napster have to individually monitor each and every file? We can all see the handwriting on the wall for Napster's future.

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    [sig]you really dont want the answers, trust me[/sig]
  152. Re:Why I like Napster by Derkec · · Score: 1

    I know its lame to respond to my own post, but I had another thought. If you are distributing free music or software which makes music exchange free and easy and also have a legal budget, does it make sense to divert some small percentage of that budget to help Napster? Of course, this question assumes what I said above is correct.

  153. Why I like Napster by Derkec · · Score: 5

    Napster pretty much sits out there and gets beat up on. Then it gets back up and fights again. That takes some guts. More importantly, as long as Napster is fighting, the RIAA lawyers have work to do. When Napster finally concedes defeat, the lawsuits will start targetting distributers of Gnuetella and other sharing tools. That, or they'll start actively targetting individuals. Go Napster! Keep on getting beat on, the rest of us love ya for it.

  154. Re: the judgement is insane -- if not then, now. by NetPhoenix · · Score: 1

    The stupidity of this ruling can't be clearer. If it would prevail, the same logic would need applied to telephones, automobiles, knifes and virtually any other product that *may* be used to commit a crime. You gotta wonder what law school this judge graduated from.

  155. Court system 99% reliable? by annenk138 · · Score: 1

    When our own Department of Justice can claim 100% reliability for the court systems, then, perhaps they can make demands such as these. At this time, however they fall far short of even the 99% reliability, as claimed by Napster.