Kazaa to be shut down?
darkpriest writes "According to this article on The Register, the file sharing software KazaA has been ordered to cease copyright infringment. They have two weeks to comply with the Judges ruling or face a penalty of $40,000 a day." CD: We've gotten a number of submissions about this, I had no idea Kazaa was this popular (must be all those a's in their name). I bet anyday that the RIAA will sue cisco for making routers that could be used to infringe.
Actually, according to download.com, kazaa and morpheus (which are the same program/network, really..) are the top two most downloaded programs.. Which makes me wonder if it's just Kazaa that was ordered to cease and desist, or does musiccity have to comply also? It's the same p2p network, with decentralized servers (I believe? I don't know all that much about their network), unlike napster's centrally controlled server farms.
This will just keep happening.
Ok, maybe people will always want something for free, but the Internet file-sharing phenomenon is the single best argument for having simultaneous worldwide release of as many products as possible.
Now, to you North Americans, this isn't such a big issue, and you've probably never given it much thought. But to a native New Zealander and resident Australian like myself, who knows the pain of waiting a year or two to see episodes of Buffy (etc, etc, etc) that you could easily download for free, it is of paramount importance!
And another thing: a buddy of mine is a technical director on LOTR, and it's supposed to be a simultaneous worldwide release on December 19th. How is it then, that in Austalia, it's being released on December 26th? Was he wrong, or is the Australian Motion Picture League of Bastards screwing us again??
toeslikefingers.com - because
Sorry, chrisd, it is piracy unless you own the originals.
There is a little bit more information about it on cnet:
http://news.cnet.com/news/0-1005-200-8022666.html? tag=mn_hd
although it does not contain too many facts beyond the actual case and the judgement.
For those who didn't read the artikle, it's a Dutch court who ordered the Dutch company to cease & desist.
More to the point, Kazaa (the file sharing system) and FastTrack (the network (and libraries for accessing it)) are one and the same, so this should also affect Morpehus and Grokster (not to mention the buggy linux Kazaa client) !
This is bad bad news. Quick to the Kazaa before it goes away !
NZ Electronics Enthusiasts: Check out my Trade Me Listings
Now seems like an opportune time to remind everybody that the FastTrack protocol was reverse-engineered some months ago by these guys (definitely a highly impressive RE feat, IMHO). gIFT is a fully functional, open source FastTrack implementation which happily coexisted with Kazaa and Morpheus until FastTrack decided to break it by further obfuscating their protocol. Which is a shame, because in doing so they make the FastTrack protocol reliant on centrally run servers to obtain a cryptographic key... this is all covered in detail on the gIFT website. Long story short, Kazaa can go down in flames for all I care, even though I use it almost every day. gIFT is in the public domain and here to stay. It's not ever going to be taken away from us. It works like a charm. It's decentralized. And it's just waiting to load up on content so it can gain that critical mass of users needed for widespread acceptance. Kind of a chicken or the egg problem, I suppose. So my advice to everyone is to start running gIFT and develop OpenFT network. This sounds like bluster but it's true for the time being: gIFT is the be-all-end-all of P2P filesharing.
I think there is a world market for maybe five personal web logs.
The hard part about this is that the FT stack was designed to be distributed, like Gnutella.
There is not central server, like there was with Napster.
It's all peer->peer->Superpeer, where the SuperClient helps to route things, solving the scaling problems of Gnutella.
So there isn't a Server to shut down.
A least, there never USED to be.
When GiFT came out, Kazaa and Morpheus switched to authorizing people through a centralized sever, before accessing the peer->peer network.
Coincidentally, shortly after they implemented this filter, they were sued.
Let's look who's been sued over this.
Napster, Imesh, Kazaa post-auth server
Who hasn't been sued
Bearshare, Limewire, Kazaa pre-auth server, GiFT, Freenet, WinMX
It seems that the RIAA knows that they don't have a chance of shutting down a network that doesn't use a central server, so they aren't trying.
You may also have a stronger legal case that way. In the napster hearings, one of the key points was that napsters servers let it happen. Napster had control.
I think that what we're learning from this is if you never touch the packets yourself, just release the client and hope for the best, you're in much safer waters.
Colin
Colin Davis
And by the way, for those that are modding this... I do not work for WinMX in any capacity, nor do I have any financial or personal stake in it. I'm just trying to help the people that looked at this article and thought, "Well, damn. What's left for me to go to now that doesn't suck?".
PIRACY, n. Commerce without its folly-swaddles, just as God made it.
Last I heard, not only were the giFT folks made an open sourced version of fasttrack (used by both kazaa and morpheus), but also, they were developing openFT, which is compeletely independent of kazaa, so if it were to go down, then we could still use it. there'd be no way to block it either, and it works much better (as in more reliably) than gnutella.
note that a few days after kazaa blocked giFT, they were sued by the RIAA. this was because they switched to a partially centralized network from a network that had previously only used central servers for authentication (which giFT had never used).
I don't like the copyright cartel anymore than most people here; in fact I probably hate them a lot more than most people do. But I also hate having spyware installed on my system without my knowledge. Like Kazaa does with Cydoor. So to all the guys at Kazaa, you can't see it, but at this very instant I'm giving you the big middle finger.
Explain to me what the difference is. You can use search engines to find copyrighted work to download from FTP's and websites. The only difference I see is that P2P programs are designed to funnel those people who want to share media and information on the internet into one place. Maybe you're just trolling, because it's rediculous to suggest that any of these programs were designed for copyright infringement. None of them come with programs for cracking copy-protections, or links to warez and cracking sites. Many could have that information automatically pop-up on a browser in the program, and they don't. What's nonsense is the way that programs like these, that have very substantial, legit uses, are being shutdown as an excuse for fighting 'pirates'. The end result is just to give the industry control of online sharing of media. Think about it; since you apparently haven't done enough of that. Any P2P program that pops up is going to immediately have users who share the mainstream popular media that the industry claims to be protecting. There are 500,000 people who have the latest Britney Spears album on mp3. No one who ever used Napster or Kazaa needed it to find music and video owned by the RIAA/MPAA. What those popular programs provided, was so much goddamn quantity that you could spend the whole day listening to garage bands and obscure music you heard in a commercial when you were 5 years old. Without these programs, artists who try to use the internet to spread their work become victims of an 'anti-piracy' war, and it's not a coincidence. Because now, P2P programs will stay small and obscure (grow and get sued), and we return to the pre-internet status-quo where you either do business with the RIAA or you don't do business.
DeCSS? Explicitly developed to enable playing DVDs on Open Source computers with DVD drives. It's hardly practical to share full-length movies over networks or even to store them locally on hard drives -- although you should note that the latter use is not infringing. I for one can't think of a single use for DeCSS that's infringing under the traditional doctrine of fair use, given the current practical technological limitations. It may well be in violation of the DMCA, but that's a seriously broken law that undermines rights that consumers of intellectual property have enjoyed for a very long time. The DMCA isn't Norweigian law, anyway.
Skylarov? His product is entirely legal in the country where he wrote it. In fact, without his company's product it's Adobe's software that's illegal. It's against the law to erect technological barriers to fair use in Russia, but that's what Adobe's so-called encryption does. It's his company that ought to have been held accountable for marketing the product in the US where it was illegal; Skylarov himself as an employee had nothing to do with that. If he's guilty of anything, it's of demonstrating that Adobe's claims about the security of their encryption scheme was a total crock. Embarrassing corporations isn't illegal -- yet.
Peer-to-peer networks? All of them run on top of the Internet, which, in the event you haven't noticed, is one vast peer-to-peer network designed for freely sharing information. None of the other indexing schemes for available information, such as Gopher or even some web pages, are not fundamentally different from networks like Gnutella.
And the brethren went away edified.
The register points to this article on webwereld.nl . Since i am not aware of any automated translaters:
Rechter: KaZaA over twee weken dicht
judge:Kaza must close in 2 weeks
This is the remarkable outcome of a "kort geding" (court where outcome is in a short time) between kazaA and music right organisation "Buma/Stemra". If kazaa does not comply they must pay 100.00 guildens (~45.000 euro) a day with a max of 2 Million guildens. This outcome can end the Kazaa, that is one of the biggest music exchane services since the departure of napster.
The judge also dertermined that BUMA/stemra must meet with Kazaa to negotiate a contract where Kaaza can legaly offer misc via the internet. Accoridng to kazaa there was already a oral agreement with the buma/stemra the they canceled the engotioations.
Loyer Christiaan Alberdingk Thijm sees the judgement as a vicotry , in spite of the closing threat. "it is fantastic that they have to negotioate with us again. That means we still have enough time to make an agreement."
...
about the passage in the verdict about the "auteursrecht" [copy right? ] he is less to speak. "in the verdict is that kazaa breachtes the copyright. This is nonsense. The users are responsible for this. With the same argument one could close the suppliers of video recorders"
. . . appeal. . .
according to Alberdingk Thijm the verdict only has consequense for the software. This means that the network where also morpheur and grokster make use of stay 'open'. Poeple who already have installed kazaa soule be able to continue with using the network.
.
.
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Buma/stemra did not react. "we do that when we studied the verdict"
[sorry for speliing errors and parts left out]
... really.
... you can finish the rest.
The RIAA (well, in this case their Dutch counterparts BUMA/STEMRA, actually) are fighting a losing battle, as they probably know very well. At least, they should know this from looking at recent events surrounding napster.
First, there's a thing called GNUtella. Doesn't work very well, but it works, but, well, it doesn't work very well. Then, for a while (how long did Napster actually last? A few months or so?) something comes along that does the same as GNUtella, but it's much easier to use. So everyone switches over, because, well, freedom and decentralization are nice ideas and all, but ease of use is nice too. For a few months, everyone uses the ultra friendly Napster thing 'till the RIAA takes note and sues Napster. Exit Napster. Tons of internet (l)users have, however, by now learnt of the joys of P2P filesharing, so they go to GNUtella, which may suck, but it's still better than nothing.
Along comes FastTrack (KaZaa/Morpheus/Grokster). It's really easy to use, so everyone and their mom installs it. For a few months, users are happy. Then the RIAA takes note, orders FastTrack shutdown
This will keep happening until the RIAA finally gives up. Since that's rather unlikely, the cycle "sucky Gnutella -> nice GUI app -> nice GUI app shut down -> sucky Gnutella" will continue forever.
News and bla for computer musicians: http://lomechanik.net/
The FastTrack network has a very scalable two-level structure. Every computer on the network is initially a 'node', however nodes with significant bandwidth are promoted to 'supernode' status.
The KaZaa/Morpheus servers handle logging in and refer the node to a supernode, where the node sends its list of files it wants to share. These super-nodes store these lists, and search queries are forwarded to the supernodes.
A supernode also gives the lists of some of the clients its connected to, so if the supernode disappears nodes can talk to other nodes about supernodes without getting kicked off the network.
So, effectively the network is controlled by the supernodes, which can be just ordinary PCs with reasonable bandwidth. The KaZaa servers only handle the logging in pretty much, so I doubt the FastTrack network could ever technically be shut down. Unfortunately the FastTrack protocol is very proprietary, and uses some closed-source algorithms. It would be good to see someone create an open-source 'equivalent' of the p2p protocol with the excellent features of FastTrack.
Anyway that's just my understanding of the FastTrack network, correct me if I'm wrong.
It would be good to see someone create an open-source 'equivalent' of the p2p protocol with the excellent features of FastTrack.
Try OpenFT / giFT.