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Kazaa Admits to Morpheus Shutdown

An Anonymous Coward writes: "KaZaa yesterday admitted to CNET that it was behind the shutout of Morpheus from the FastTrack network. Their reason? The company didn't pay its bills. Still, there has to be more to it than that for KaZaa to cut them off so quickly and unexpectedly, especially since a P2P network's power lies in the size of its audience. There is some weird cat-and-mouse play going on here that can only be damaging to both sides in the upcoming trial against the RIAA and MPAA in California."

414 comments

  1. oh, come on... by pinkUZI · · Score: 5, Insightful

    Why does everything corporate have to be this big conspiracy? If a company wasn't paying its bills is it really all that surrising that they were shut down?

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    1. Re:oh, come on... by edrugtrader · · Score: 4, Funny

      but they provided free music... they shouldn't have to pay their bills. thus conspiracy.

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    2. Re:oh, come on... by inerte · · Score: 0, Redundant

      Maybe Morpheus needs a subscription services that charges 5 dollars for each 1000 downloads, and the users will complain that the network is made of things produced by them.

      (no pun intended!)

    3. Re:oh, come on... by nabucco · · Score: 2

      Corporations are secretive by nature and for the most part unaccountable for their actions. So yes, before they chose to announce this, this all was a secret, and we didn't even have an idea that they would claim it happened because of unpaid bills.

      Organizations who take drastic actions that affect a wide number of people (hundreds of thousands in this case), and do so in secret without any accountability are prone to spread ideas of some type of conspiracy. When an organization operates in secret, the only way people can guess what is happening with it are through postulation. Thus, these conspiratorial ideas are due more to Kazaa's previous silence than due to people guessing at what had happened.

    4. Re:oh, come on... by jhanson · · Score: 1, Funny

      I imagine it went something like this:
      Kazaa: Morpheus, you better pay up.
      Morpheus: We don't have any money, would you accept payment in mp3z and pr0n?
      Kazaa: Get off my network you deadbeat!

  2. i think they screwed up bad by fist_187 · · Score: 5, Insightful

    by shutting down morpheus, they just admitted that they have control over their network and users. now they're screwed in terms of legal defense. meanwhile, morpheus switches to gnutella and will probably survive the onslaught.

    how ironic...

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    1. Re:i think they screwed up bad by cscx · · Score: 1

      True, true...

      Self incrimination is a wonderful thing...

    2. Re:i think they screwed up bad by Spankophile · · Score: 2

      >morpheus switches to gnutella and will probably survive the onslaught.

      Yes, but will they survive the fact that Gnutella suxx0rs.

    3. Re:i think they screwed up bad by fist_187 · · Score: 1

      hah! i doubt it ... good point

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      Somewhere on this page I have hidden my signature.
    4. Re:i think they screwed up bad by randumb_surfer · · Score: 3, Interesting

      No, not really.

      They demonstrated that they can stop large segments of users (such as users using a given client) from using the network.

      What they have not shown is that they have control over what files are being transfered over the network. That's the thing that got Napster.

    5. Re:i think they screwed up bad by Anonymous Coward · · Score: 0

      +5 Funny

      Suck Gnutella does.

    6. Re:i think they screwed up bad by mjh · · Score: 4, Interesting

      Ok. But why is that effectively any different? A court can still order them to shut down the network by shutting down morpheus clients, Kazaa clients and grokster clients.

      --
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    7. Re:i think they screwed up bad by aonaran · · Score: 1

      You mean Marpeus switches BACK to Gnutella. :)

    8. Re:i think they screwed up bad by Anonymous Coward · · Score: 0

      I would like to troll you today, but the lack of inspiring stories had lead to troller's block.

      So please accept this humble offering as my contribution to troll Tuesday.

    9. Re:i think they screwed up bad by Anonymous Coward · · Score: 0

      > But why is that effectively any different?

      Napster knew what was on each user's machine, as it was stored on the server...Kazaa can plead ignorance.

    10. Re:i think they screwed up bad by klieber · · Score: 1

      Because as long as Kazaa, et al can show that the Fast Track network has legitimate uses, they're not likely to get shut down. That's the major premise behind the Betamax case -- Sony could control whether or not you could buy a VCR, but once you owned the VCR, they had no control whatsoever over what you did/didn't record. They couldn't prevent you from taping the latest episodes of "The Simpsons" and mass duplicating them for sale on the street.(IANAL -- standard disclaimers apply.)

      --
      Gentoo Linux http://gentoo.org/
    11. Re:i think they screwed up bad by Bungie · · Score: 1

      No, the beauty behind the FastTrack network structure is that the files are not indexed on Kazaa servers (which is what brought down Napster). They simply point you towards a supernode, and the supernode indexes you. Thus the user running the supernode is responsible for not shutting off your file transfers, not Kazaa or its affiliates. The court cannot do anything about it.

      --
      The clash of honour calls, to stand when others fall.
    12. Re:i think they screwed up bad by Colbey · · Score: 1
      by shutting down morpheus, they just admitted that they have control over their network and users. now they're screwed in terms of legal defense. meanwhile, morpheus switches to gnutella and will probably survive the onslaught.

      how ironic

      Not necessarily true. They can probably change FastTrak to do whatever they want, among users who download a new version and those who connect to them. If there's an update which, say, bans all MP3s coded above 64kbps, people won't download it, and the change won't propagate.

      So they have some control, but only to the extent the users will let them have. (Sort of like the US government, when you think about it...)

    13. Re:i think they screwed up bad by nosegoblin · · Score: 1

      It's impossible for users to exercise civil disobedience against new versions. Since they just demonstrated control over authentification, they can easily not authenticate the older clients forcing everyone to upgrade.

    14. Re:i think they screwed up bad by Drunk4Free · · Score: 1

      Manowar rocks

    15. Re:i think they screwed up bad by Anonymous Coward · · Score: 0

      THINK ABOUT WHAT YOU JUST SAID

      sigh.

      1. they can shut down all authentication at will
      2. they can release new versions of the client

      put one and two together son and wake up!

      they can change the authentication so it only works with new client.

      what are you going to do now.

      hang on to your old client and be a kazaa network of ONE?????

    16. Re:i think they screwed up bad by Anonymous Coward · · Score: 0

      Not only the indexing, but one of Napsters other major problems was that they did police content... every time someone came up with a new way to use it to trade porn they released a patch.

    17. Re:i think they screwed up bad by hkmwbz · · Score: 1
      "What they have not shown is that they have control over what files are being transfered over the network."

      If that is the case, how can it be that they were able to limit the max bitrate of MP3s to 128?

      (Of course, this can be changed by editing your registry, but still, it shows that it is easy to block most users from whatever they would want to block them from.)

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  3. IRC? by bpalmatv · · Score: 2, Informative

    Doesn't anyone use IRC anymore? You can get just as much, if not more, on any of the large networks. Bob.

    1. Re:IRC? by Anonymous Coward · · Score: 0

      IRC was built as a chat network. The music city network is for file sharing. I personally think thats the way things should stay.

    2. Re:IRC? by Anonymous Coward · · Score: 0

      Actually IRC would be OK if someone made a decent client (with searching and stuff).

      I've never understood why Napster (AIM, ICQ, etc.) were not built on top of IRC. The protocols support everything you need. With a nice, simple interface like Napster it would've worked just like Napster (or xyz). You would have file sharing/searching, and chat/instant messaging all in one or multiple clients, your choice. The difference would be that you could easily use one of the dozens of command-line clients. It would be easy to program against as well since there are tons of IRC development API's for every language you can think of...

    3. Re:IRC? by Anonymous Coward · · Score: 0

      The heck with IRC, check out alt.binaries.*. With the new yEnc encoding cutting transfer time, it should be even easier to get what you want. Plus, everything is already pre-sorted into neat categories for you. It isn't p2p, but it works nicely.

    4. Re:IRC? by Shrubbman · · Score: 1

      Doesn't anyone use IRC anymore? You can get just as much, if not more, on any of the large networks. Bob. True, but most people I know who don't use IRC tend to shy away from it because of the learning curve, as pitifully small as it is compared to more point n' click file sharing.

    5. Re:IRC? by marauder404 · · Score: 1

      True, but not everyone has a fast newsgroup server that collects more than 6 hours worth of binaries.

    6. Re:IRC? by Anonymous Coward · · Score: 0

      Or talk to mates who are at UNI. I have never used a DCC transfer for other than a picture to a friend.

    7. Re:IRC? by athakur999 · · Score: 2

      Has IRC grown past the whole "yeah, I got xyz file, what do you have to trade for it?" thing?

      --
      "People that quote themselves in their signatures bother me" - athakur999
    8. Re:IRC? by Anonymous Coward · · Score: 0

      IRC? FServes are really pokey... and you have to wait forever in a queue before you get what you want. I ditched FServes a long time ago for a faster method of getting files

    9. Re:IRC? by Anonymous Coward · · Score: 0

      @find metallica

      you get a list of all the bots that have a song with "metallica" in the name.

      !irc-handle Metallia_-_Fade_to_black.mp3

      file is sent to ya

      or

      @irc-handle

      and you get a txt file for every song the bot has.....

    10. Re:IRC? by rhost89 · · Score: 1

      Have you ever tried downloading 149 rar files, or mp3's from an fserve that only allows 2 simultanious downloads. Point and click is easier, better yet, lets go back to open ftp servers.

      --
      I will bend your mind with my spoon
    11. Re:IRC? by Anonymous Coward · · Score: 0

      Sigh....if only google groups served alt.binaries....any news servers that do?

    12. Re:IRC? by Anonymous Coward · · Score: 0

      I would pay a reasonable amount of money for access to a fast Usenet server that does not allow any binary groups. Let's face it, there's a lot of information out there, but the bandwidth is all tied up by tardos passing around movies cut into 178 pieces.

    13. Re:IRC? by maxpublic · · Score: 1

      By "grown past" I assume you mean do they have servers that'll allow you to rip off whatever you want without returning anything whatsoever to the group, as programs like Bearshare, KaZaa, and Morpheus do? Depends on where you go; in some places yes, and in others the loser slacker types aren't welcome.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    14. Re:IRC? by maxpublic · · Score: 1

      Yes, lets. Of course, a great many people *do* run open ftp servers, they just don't advertise the fact to keep the hordes at bay.

      If you know where to go, however, your days of desperately scanning the file sharing networks for decent porn are over! Which, of course, is why they don't advertise to the hordes of point-'n-click college boys....

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    15. Re:IRC? by Anonymous Coward · · Score: 0

      shhh...don't let out that secret.

    16. Re:IRC? by bloodletting · · Score: 1

      Doesn't anyone go out and support bands or publishing companies by purchasing CDs, software, or whatever anymore? People suck.

    17. Re:IRC? by Anonymous Coward · · Score: 0

      I buy albums that aren't just the "same old stuff." My "vote" for what albums I really like are the ones I buy so companies know that I like that artist. I would rather buy remixed tracks then download them, but no record company really sells remixes or unplugged versions.

    18. Re:IRC? by JonKatzIsAnIdiot · · Score: 1

      Usenet was designed as a threaded discussion tool. It does a horrible job of transmitting binaries. Between missing parts, reposts and encoding schemes, using usenet to transmit binaries is like using a screwdriver to pound in a nail. There are many different tools that are designed to transmit binary files (ftp, http, p2p, IRC, etc). Use them instead and save yourself a lot of pain.

    19. Re:IRC? by nosegoblin · · Score: 1

      I have no use for audio cds anymore. If I do buy them, I just encode them to .mp3 and put the original in a pile. For a mobile solution, I listen to minidiscs. What's important is that I DO support the bands. Being the poseur punk rocker that I am, I constrantly buy t-shirts, patches, stickers and what have you in addition to seeing my favorite bands live when I get the chance. This is a much better solution than generating all this waste in the form of audio cds.

    20. Re:IRC? by ImaLamer · · Score: 2

      I think there is an excellent client for people willing to share and download all at once.

      Spr Jukebox for mIRC [Windows or Wine.. you're pick]. When you have a channel full of users then you can see who has slots open, you get a flowing list of songs which the user is 'playing'. Very nice. Searching, but then cut and paste. But everything is pretty clear.

      If you can read you can actually set up lists of files to get. Since most [all?] commands are in the channel it just plays them and gets the files! You can just download someone's user list and browse it etc.

      Like I say, very nice. Development is kinda dropped off but the author has noticed it and might pick it up again. Everything works.

      Great for college campuses, no fserve sillyness.

    21. Re:IRC? by ImaLamer · · Score: 2

      I would agree.

      But usually the 'groups' which are actually 'channels' who are exclusive get busted. They are active, they work to move files and are usually getting some stuff most people don't. Their piracy sometimes is going towards business solutions.

      Many things I've 'observed' is that you can't talk trade in most channels because it starts to get scary for the user. They put up the server and don't want to bother with the people but do want to serve.

      Hey they just want you to serve. They are the confidence men of software piracy. False promises and hidden IP's.

    22. Re:IRC? by maxpublic · · Score: 1

      You don't need to talk at all. Most servers run on automatic; you trade by sending files and get a ratio back on the bytes of complete programs received. In other words, if you want something you have to give something, which puts you both in a position of liability - a form of protection.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    23. Re:IRC? by ImaLamer · · Score: 2

      Where I'm from ratio's aren't allowed.

      Trading isn't allowed.

      Automatic kick/ban. Privately people may trade files but not in the channel.

    24. Re:IRC? by maxpublic · · Score: 1

      There are many channels, and different IRC networks. The 'leech-only' channels are far outnumbered by the 'automatic trading' channels.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    25. Re:IRC? by ImaLamer · · Score: 2

      u'r old school admit it man...

  4. Their future by shatfield · · Score: 4, Insightful

    Kazaa is just a minute away from getting completely shut down. They've just admitted to the RIAA that it is possible to shut somebody out of their (nasty) proprietary network... putting them into the same boat as Napster, as far as a Judge will be concerned with them.

    Mopheus, who is now using the restamped Gnucleus software, is on a true P2P network, and it would be next to impossible to shut them down.

    I suspect that Morpheus will be around long after Kazaa is a footnote.

    --
    "To make a mistake is only human; to persist in a mistake is idiotic." Cicero
    1. Re:Their future by Graspee_Leemoor · · Score: 1

      Yeah, judge slaps kazaa, so kazaa slaps morpheus, so morpheus slaps ? (its users by moving to gnutella?).

      It's the whole circle of violence thing, well documented by researchers of domestic violence, but not well linked-to by posters like me who are lazeeeeee.

      graspee

    2. Re:Their future by SerpentMage · · Score: 2

      I think you have put the finger on it. I wonder if Morpheus did not do what they did to get out of the RIAA fiasco.

      With GNUTELLA and being based in other places it does become very difficult. BTW I am using the new Morpheus and have to say it is getting better.

      Since we are talking conspiracy here is one. Imagine Morpheus buying third party companies on off shore companies. These third companies run "Super Node" GNUTELLA servers. These supernodes enhance the GNUTELLA experience, by caching, etc, etc.

      The RIAA sees these super servers and goes after the owners. Immediately the third party companies shut down. But in the same moment another company with a super server starts up. The RIAA has to go through this deal YET AGAIN!!!

      Morpheus is in the clear because they only provide a client that connects to an open network. That would be a brilliant strategy...

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
    3. Re:Their future by sheldon · · Score: 2

      It's not impossible... Just very costly.

      Any P2P network has to have a point of insertion. In order for the P2P network to be successful, that point of insertion has to be well advertised. They can't shutdown a small loop of friends, but then a couple of dozen people aren't much of a threat to them so they probably don't care.

      So all the RIAA(or whoever) has to do, is keep tabs on the IP addresses being advertised as connection points, and then simply call each individual ISP and have those connections shut down. If they have a lawsuit ruling to support this action, all the easier.

      And lest you think moving to a third world country works... see the previous articles on Somolia's ISP shutdown, as well as the spam blocking of Chinese ISPs. All it would take is a ruling by some court in the United States or European Union, and those countries would be effectively cut off.

      Costly, but don't think it is impossible.

    4. Re:Their future by Rogerborg · · Score: 5, Interesting
      • Mopheus, who is now using the restamped Gnucleus software, is on a true P2P network, and it would be next to impossible to shut them down.

      Here's the danger.

      • It can easily be shown that most Kazaa traffic is copyrighted material. They need to use the Sony VCR defence that there are non-infringing uses and avoid falling into the Napster trap of admitting control over the network.
      • They've flat out blown it on the second point, and are completely boned. Morpheus on the Kazaa network was doomed. They were going to get found guilty of contributory infringement for sure.
      • Now they're on Gnutella. With the same users, doing the same activities.

      Can you see the way this would look to a court? Picture a restaurant where mobsters meet, cleaning their guns and jawing about how many cops they've whacked. The restaurant owners hear that the FBI are filming the restaurant, ready to make a bust. So then they put on blindfolds and earplugs and say "Oh, but now we don't know what our customers are doing. I think we've got a large party of nuns in tonight, I can't really tell with this stuff on."

      Pretty weak defence? I think so. And the nasty-nasty is that now Morpheus is just another Gnutella client, so if Morpheus does go down, why should any client - or specifically any client developer - be let off. Because they're not making money, I hear you say. Because it's just like making copies for friends and family. It's fair use.

      No it damn well isn't. If I hear one more Slashdotter claim that personal/friends/family copies are "fair use", I will quite seriously bust a gut. Here are the allowable purposes for making a copy of a copyrighted work: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching. Don't argue this with me, quote a specific case of a court saying that copies for friends and family are OK. Any judge that drew the line in the sand and said that Gnutella was OK because it's not commercial would have the MPAA/RIAA would asking for his or her head on a plate, and I'm not talking rhetorically.

      Morpheus joining the Gnutella network is the best move possible for Morpheus - and the worst move possible for Gnutella. This one is going to get ugly.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Their future by Anonymous Coward · · Score: 0

      Does that mean if we rename the files 'coolflick_glitter' or 'theysucklive_greenday' that we're off the hook? That's a loophole.

      Irrelevant anyway. The RIAA will eventually bankrupt itself fighting all these stupid cases.

    6. Re:Their future by d_vader · · Score: 1

      Well then, sounds like a good use for the services of our friends at HavenCo, doesn't it?
      A quote from their AUP:
      "Sealand currently has no regulations regarding copyright, patents, libel, restrictions on political speech, non-disclosure agreements, cryptography, restrictions on maintaining customer records, tax or mandatory licensing, DMCA, music sharing services, or other issues; child pornography is the only content explicitly prohibited"

      So, they explicitly allow this type of service, and claim they are not worried about the results of angering certain people in the process.

      --
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    7. Re:Their future by Anonymous Coward · · Score: 0

      For a second there I didn't even realize I was reading Slashdot. Bravo, sir! I wish I could mod you up for being the voice of reason in a sea of crap.

      It's always amazed me how much people here can justify their actions when they're all just scared their warez/mp3 pipelines are going to be shut down.

    8. Re:Their future by smurfi · · Score: 1
      If enough people are using the P2P network, it would be sufficient to brute-force scan a few likely IP ranges. One Gnutella node found, and you get fed 10000 new addresses to remember.

      One of them is likely to be online when you reconnect next week.

      That's the beauty of the Gnutella protocol. It has some scaling issues, but ...

    9. Re:Their future by inerte · · Score: 1

      Here are the allowable purposes for making a copy of a copyrighted work: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching [publaw.com].

      I am sorry but either your link is broken or I am somewhat blocked from this site.

      It's a question about the number one reason, that I could not read entirely. If I can make a copie of a copyrighted material to critize or comment, where is the line draw?

      If I copy the Diablo game to make a review to post on my website, is it legal?

      And rip a cd to post a review? Maybe just grade the songs in a 0-5 scale on my computer? Is this considered criticism?

      Just imagining.

    10. Re:Their future by Anonymous Coward · · Score: 0

      Than you had better be prepared to bust a gut...

      While I can't point to any specific cases indicating that sharing with friends and family is fair use, the link you provided certainly doesn't preclude it. Maybe you didn't read the whole article, but the part that you quoted(out of context I might had) had the words "such as" immediately before. Indicating that the following are examples only and not to be taken as exhaustive.

      In fact the whole point of the article is to indicate that the outcome of a fair use case is difficult to predict and is based on 4 criteria that provide tests for what might be fair use without actually trying to pin down the actual actions that constitute fair use.

      Having said that, I am of the opinion that sharing your songs with a potential 6 billion "friends" is in no way, shape or form "fair use". Society may eventually deem this type of sharing acceptable simply because it's next to impossible to stop but that is a pragmatic decision not a strict legal one based on x hundred years of fair use doctrine.

    11. Re:Their future by javatips · · Score: 2

      I just can't believe the crap from these people. They may have no laws preventing you from anything. But they do requires connections to the outside world.

      If enough people gets annoyed by them because they start having to much illegal (from the outsider perspective) activities going thru their node, somebody will successfully pressure their connection provider in raising the cost of the connection or severing it.

      They have a short term business case, but in the long run, they will have to abide by somebody else rules.

    12. Re:Their future by Jucius+Maximus · · Score: 1
      "Kazaa is just a minute away from getting completely shut down. They've just admitted to the RIAA that it is possible to shut somebody out of their (nasty) proprietary network... putting them into the same boat as Napster, as far as a Judge will be concerned with them."

      Corollary: The morpheus people are showing that they have more brains than napster and kazaa people combined. Props to morpheus!

    13. Re:Their future by gnovos · · Score: 2

      Pretty weak defence? I think so. And the nasty-nasty is that now Morpheus is just another Gnutella client, so if Morpheus does go down, why should any client - or specifically any client developer - be let off. Because they're not making money, I hear you say. Because it's just like making copies for friends and family. It's fair use.

      No it damn well isn't. If I hear one more Slashdotter claim that personal/friends/family copies are "fair use", I will quite seriously bust a gut. Here are the allowable purposes for making a copy of a copyrighted work: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching [publaw.com]. Don't argue this with me, quote a specific case of a court saying that copies for friends and family are OK. Any judge that drew the line in the sand and said that Gnutella was OK because it's not commercial would have the MPAA/RIAA would asking for his or her head on a plate, and I'm not talking rhetorically.


      Well, the easy defense would be to find amatuer artists that have put thier work out on gnutella simply becuase they wanted to get thier name out, not to make money. There is no justification for running these amatuer artists out of the market in the name of "spurring innovation".

      --
      "Your superior intellect is no match for our puny weapons!"
    14. Re:Their future by RatFink100 · · Score: 3, Insightful

      Kazaa is just a minute away from getting completely shut down. They've just admitted to the RIAA that it is possible to shut somebody out of their (nasty) proprietary network... putting them into the same boat as Napster, as far as a Judge will be concerned with them.

      I don't think it's that clearcut. This event has shown that they can deny access to network, it has not shown that they can identify or control what is being shared.

      Imagine buying a VCR and discovering it has a secret disabling chip that can be activated remotely by the manufacturer. The manufacturer rents you the VCR rather than selling it and fires off a 'disable' signal if you don't pay your bill. Now Big Media Company comes along and says "You must disable all these VCRs because they are being used to make unauthorised copies of copyright material."

      After they stop laughing, the VCR manufacturer tells BMC where to go. They have no way to identify or stop infringement, and they ain't going to kiss goodbye to their customer base on BMC's say-so.

      "Ah", says BMC, "but you have shown the technology is possible. It must be possible to add the ability to identify content being copied, and by extension copyright infringement."

      "It is", says VCR maker, "but we didn't do that. It's not a 'feature' our customers want. Did you have a point?

      And so on - in front of a judge, until somebody runs out of money.

    15. Re:Their future by racermd · · Score: 2, Interesting

      I'm risking a major flame, here, but...

      I wholeheartedly disagree with you on the issue of personal copies being "fair use." As most everyone here will point out, and that courts have determined, time-shifting or media-shifting is most certainly allowable under the fair-use doctrine. Remember the RIAA vs. Diamond Multimedia in regards to the Rio MP3 players? Remember the Sony Betamax case? Remember the stink about Tivo and other PVRs? These are just 3 examples that I can think of right now (feel free to add, anyone) of how our legal system views personal, fair-use copies.

      Besides, this whole thing isn't about fair-use, anyway. It's about control of the distribution networks, physical or otherwise. Don't you think that the RIAA and the MPAA have a little too much at stake to lose control over their profits from distribution? It's not even about the technology. I'm sure that if you asked any of the executives at the RIAA or the MPAA about what they thought of the technology they'd reply favorably, as long as they still had control over it. Until they get a digital distribution system in place for people to access, they're going on every witch-hunt they can muster to shut down the competition. You want to talk antitrust measures? These people aren't even allowing competitors to get started, much less become a threat. That's some real anti-competitive behavior.

      I suggest that we attack the problem at the core, not from the outside. We should be allowing the RIAA and the MPAA into everything they want access to. Let them think they have control. Get the distribution system online. Get people to start downloading things from it. Then strip it away from them like the children they're acting like. Shut them out of the network like Kaaza just did with Morpheus. Get access to everything then shut them out.

      My point is that we've proven we can't defeat this menace head-on. And certainly not in the numbers we've been "attacking" them with lately. Too much of the US is perfectly happy getting their music, movies, TV, news, etc., in a highly polished, sanitized form. Sure, you can find out what's going on if you dig a little bit and do some homework. But who's got the time, anymore?

      Granted, the RIAA and the MPAA aren't stupid by any means. But they need to eat some humble pie, IMNSHO. I want to listen to my music on mp3 (160+ or hq variable bitrates). I want to record TV shows on a hard disk to watch at *my* convenience. I'm not a slave to the technology, but I may wind up that way in the future if these companies have their way with the legal system. Under fair-use, I'm allowed to all of this. If they'd have anything to do about it, I'd have to pay each time I wanted to listen to anything. That's just not cool.

      Enough of my rantings for one day. I still have some real work to do.

      --
      My sources are unreliable, but their information is fascinating. -- Ashleigh Brilliant
    16. Re:Their future by d_vader · · Score: 1

      Well, I did some more digging, and found this at HavenCo's website:
      "All of our contracts give HavenCo the right to cancel at will if the customer's web site or service is endangering our access to Internet connectivity, "
      While this was referring to spam, it does give them an out for cutting off accounts that piss off too many people.

      --
      MS BITTERS: (to nurse) (pointing at ZIM) That one has head pigeons. (talking about Dib) The other one is just annoying.
    17. Re:Their future by Rogerborg · · Score: 3
      • As most everyone here will point out, and that courts have determined, time-shifting or media-shifting is most certainly allowable under the fair-use doctrine

      Ah, ya got me. But look, the point is that in all of these judgements, the court was very careful to restrict itself to specific cases.

      VCR's, for example. The allowable use in that case was very specifically making a recording of publically broadcast content, watching it once, then erasing it. Sony had to go to some lengths to demonstrate that users were not creating libraries, or trading tapes. Rio got off on the technicality that it makes copies from computers, not directly from the original digital music recording (so the infringement is done on the PC, not on the Rio).

      The danger is that we get complacent about Gnutella or open source sharing networks in general. There is nothing in case law that supports the view that sharing copies is fair use, nor even that ripping a CD to mp3 is fair use. Note tht past statements of personal opinion by executives do not constitute case law, nor are they immune from historical revisionism, nor arguments that the ballgame has changed since they were made.

      Here's what I'm saying: assume all P2P networks are infringing until we prove otherwise. We'll have to fight long and hard to prove it. I honestly don't think we can do it. If you believe otherwise, find some case law to back that up. I don't think you will.

      --
      If you were blocking sigs, you wouldn't have to read this.
    18. Re:Their future by Fjord · · Score: 3, Interesting

      I never thought people were claiming it was fair use to give their friends and family recording. I've heard fair use applied to changing formats: e.g. from CD to MP3 or DVD to MPEG. I've also heard people apply the Audio Home Recording Act which says that "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings". Basically saying there is no copyright infringment if a consumer noncommercially makes a copy.

      It's possible that there are mixed up people saying "Fair Use" when they mean "Audio Home Recording Act", but that doesn't make the actions of music file sharers illegal.

      --
      -no broken link
    19. Re:Their future by /dev/trash · · Score: 1
      Imagine buying a VCR and discovering it has a secret disabling chip that can be activated remotely by the manufacturer. The manufacturer rents you the VCR rather than selling it and fires off a 'disable' signal if you don't pay your bill. Now Big Media Company comes along and says "You must disable all these VCRs because they are being used to make unauthorised copies of copyright material.

      You mean like what Tivo could do if they so wanted. Say in the case of wanting monthly fees from those that paid lifetime fees?

    20. Re:Their future by DaCool42 · · Score: 1

      The whole point of a TRUE p2p network is it doesn't matter what the courts say, it wouldn't be POSSIBLE to shut it down. The only way would be deleting the client from the harddrive of every user. Plus, because there are numerous opensource clients for the Gnutella and the specs are readily available, new clients can easily be made. The only disadvantages I can see for the gnutella network are DoS attack attempts to shut it down or if it runs into scalability problems. Both of these issues are actively being addressed in newer versions of clients. Provided gnutella can stand up to the load of the userbase and any attacks thrown at it by the RIAA or others, there is no need to fear it being shut down.

      --

      ----
      All of whose base are belong to the what-now?
    21. Re:Their future by Fjord · · Score: 2

      And then the RIAA gets the WTO to put trade sanctions on the countries hosting these companies until they change their laws. Their economies shrink, people loose their jobs, some go starving, all so that we can trade files.

      --
      -no broken link
    22. Re:Their future by gus+goose · · Score: 2
      Here are the allowable purposes for making a copy of a copyrighted work: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching

      But, copyright does not mean controlled .... GPL is Copyrighted to the author, but freely distributable copyable (within the bounds of keeping the GPL). Thus, transferring the source code of the Linux Kernel (Copyright to Linus) over Gnutella is perfectly legal..... he says so... gus

      --
      .. if only.
    23. Re:Their future by X86Daddy · · Score: 1

      ...so if I own and operate a pizza joint, and a lot of my clients are people who do criminal things sometimes, and they peacably assemble and exercise their vocal chords while dining in my fine restaurant, I've done something wrong or illegal???

      I know the analogy isn't a perfect map, but does this not expose some of the folly involved in the MPAA, RIAA, Gubmint, Fritz the senator's opinions?

    24. Re:Their future by shyster · · Score: 2
      Because it's just like making copies for friends and family. It's fair use. No it damn well isn't. If I hear one more Slashdotter claim that personal/friends/family copies are "fair use", I will quite seriously bust a gut. Here are the allowable purposes for making a copy of a copyrighted work: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching [publaw.com]. Don't argue this with me, quote a specific case of a court saying that copies for friends and family are OK.

      Not to mention the technicalities (already covered by other /.ers) of the language such as, let me introduce another argument. I'll title this argument, the Audio Home Recording Act of 1992, aka the DAT tax.

      You see, when the RIAA was upset about Digital Audio Tapes being used to pilfer their music, they came to an agreement with the consumer electronics industry. The RIAA agreed to make noncommercial copying a non-infringing act (not exactly, but we'll get into that a bit later) in exchange for royalty payments and limits on serial copying.

      Now the bit about non infringement, section 1008. You see, it wasn't actually made non-infringing explicitly, as in the original copyright law language for fair use. It, instead, says that "...no action may be brought under this [Copyright] title alleging infringement of copyright based on...the noncommercial use by a consumer...making digital music recordings...". A might bit different, and good arguing point for high paid lawyers.

      Now, the arguing points. For one, Section 1001 defines a "digital audio recording device" as:

      "...any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use, except for--
      (A) professional model products, and
      (B) dictation machines, answering machines, and other audio recording equipment that is designed and marketed primarily for the creation of sound recordings resulting from the fixation of nonmusical sounds."

      Whether a P2P program falls under that category, I leave as an exercise to the reader, lawyers, and judges.

      A more damning definition comes in subsection (4B). A digital audio recording medium..."...does not include any material object that is primarily marketed and most commonly used by consumers either for the purpose of making copies of motion pictures or other audiovisual works or for the purpose of making copies of nonmusical literary works, including computer programs or data bases." That's a tough one to argue against.

      There's many other arguments that can be made both for and against Napster clones for falling under the AHRA. Napster, eveidently, failed to convince their judge of the applicability. IANAL, and therefore do not get paid to research this, so I'll leave it to interested parties to delve further.

      But, to get back on point, the RIAA can't sue for noncommercial copying of analog or digital music, as defined by the AHRA. So you can add that to your list of fair use items...and have publaw.com update their section if they don't mention the AHRA.

    25. Re:Their future by racermd · · Score: 1

      I think you're fundamentally correct in regards to the P2P networks. We're not going to win the "battle" this way. The technology behind it really isn't the issue either. There's plenty of inherent non-infringing uses for it. However, I don't think you'd argue that it's an issue of how P2P technology is currently being used in the mainstream, namely music sharing.

      That, in and of itself, still does not explicitly mean that P2P is a tool for copyright infringement. More to the point is the tool's *intent*. (IANAL, so take whatever follows, and whatever I have already posted, with a heavy dose of sodium chloride). Our legal system was founded on the basis of intent over 200 years ago. Apparently all of that has changed, depending on how the 800-pound gorillas feel each day. All the major P2P file sharing tools developed so far have been intended to get around the responsibility of adhering to copyright laws. Laws that seem to be the most benefit to the middle parties - RIAA and MPAA. (How'd those sneaky bastards get back in this argument?)

      The problem is that an inherently non-infringing P2P network is all but impossible to construct. At least, it is under the current popular definition of "non-infringing." When we design a P2P system to allow only one type of content to pass through, someone will eventually want to protect some works that the system was designed to distibute. Preventing that file from passing through the system it was designed to be delivered with is an exercise in futility. Passing that file constitutes infringement. That's why this whole issue is about control. It's about who controls the distribution of "protected" content. Napster did, for a while. Gnutella still does, to a point. Other smaller players have made their mark. But it's all about control. Existing laws currently favor the establishment, which were practically created by them and for them. And to what end? Control.

      I still view the RIAA and the MPAA as irresponsible, immature drug-dealers. They don't like other players on their turf. They'll go to great lengths to protect thier assets. They buy from their suppliers (the artists) at a criminally wholesale price and sell it to their clients (the mass public, aka sheeple) at a grossly inflated profit.

      This just reeks of wrongness. It's just business, but this isn't the way it should be. There doesn't seem to be any feasible way to combat the raging beast that is the RIAA and the MPAA head-on. The problem with doing and end-run around them by the general public is that the general public really doesn't want to do it. They don't neccessarily *like* them, but most everybody agrees that they can tolerate them. And the RIAA/MPAA is *great* at determining what the general public wants. They find a hole to suck money out of and they go at it full-force until there's nothing left to extract. They know how people think. They know what people want. They know how to manipulate the public into doing almost anything. That's why they're in business. That's why a direct confrontation won't work. That's why an end-run isn't likely. The only other way we can succeed is by destroying from within. P2P isn't going to win the battle for us. Not directly, anyway.

      It may not take a "killer-app" to do it either. I don't know what will, though. Just keep in mind, when NASA first started sending up astronauts, they quickly discovered that ball-point pens would not work in zero gravity. To combat the problem, NASA scientists spent a decade and $12 Billion to develop a pen that would write in zero gravity, upside down, underwater, on almost any surface including glass and at temperatures ranging from below freezing to 300C. The Russians used a pencil. The lesson is to do whatever works. There's always a cheaper, if not better, way to do things. That's what will get us our fair-use back.

      And on a side note: The case against the Rio was dropped becasue the device did not directly contribute to the infringement of copyrighted works. It was proven that it copied data in, never out. Apple's iPod is a different story today, and probably wouldn't have made it to market just a few years ago for that very reason. Something to think about...

      --
      My sources are unreliable, but their information is fascinating. -- Ashleigh Brilliant
    26. Re:Their future by SirRichardPumpaloaf · · Score: 1

      By claiming that Glitter is a "coolflick", are you preparing for a mental incompetency defense? Is that the loophole? :-)

    27. Re:Their future by kz45 · · Score: 1

      I suggest that we attack the problem at the core, not from the outside. We should be allowing the RIAA and the MPAA into everything they want access to. Let them think they have control. Get the distribution system online. Get people to start downloading things from it. Then strip it away from them like the children they're acting like. Shut them out of the network like Kaaza just did with Morpheus. Get access to everything then shut them out.

      I agree with the fact that something needs to be done...but not like this. The MPAA/RIAA have rights too. They own the IP that you would like to "strip away from them". They can act like children all they want, it's their property.

      If you don't like the way they are acting, boycott them! Unfortunatly, most people enjoy their music and movies too much, and would just rather download them for free.

    28. Re:Their future by swillden · · Score: 2

      Just keep in mind, when NASA first started sending up astronauts, they quickly discovered that ball-point pens would not work in zero gravity. To combat the problem, NASA scientists spent a decade and $12 Billion to develop a pen that would write in zero gravity, upside down, underwater, on almost any surface including glass and at temperatures ranging from below freezing to 300C. The Russians used a pencil.

      Urban Legend

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    29. Re:Their future by RatFink100 · · Score: 1

      Which is one of the reasons why I don't own a Tivo.

      Is it possible to run a Tivo standalone? - without connecting to their subscription service - which I wouldn't want anyway.

    30. Re:Their future by mpe · · Score: 2

      But, copyright does not mean controlled ....

      But major publishing companies want it to mean control, hence we have DVD region codes, fuss about DRM, etc.

      GPL is Copyrighted to the author, but freely distributable copyable (within the bounds of keeping the GPL)

      Not quite GPL retains full copyright, it simply states the conditions for redistribution. In a great many cases these restrictions are not espcially "costly", in other situations such as someone wishing to use GPL code in a proprietary project they can be...

    31. Re:Their future by Anonymous Coward · · Score: 0

      Bah, that's a complete BS defense. That was Napster's defense and it was as ridiculous then as it is now.

      No one is going to distribute their unknown band's music over Morpheus. Want to know why? Because they're unknown. Who exactly is going to be searching for them? Unknown bands need to get a web hookup, not rely on a pirate mp3 network to get them recognition. People bring this up because it is the only possible reason a service like this would *not* be illegal. Almost no one is using it for that, don't sound so naive.

      All it would take would be to run searches on what is available over Morpheus to blow that defense out of the water. 99.99% warez and illegal mp3s/video, .01% unsigned bands.

    32. Re:Their future by racermd · · Score: 1

      I'm not trying to come across as totally anti-RIAA and anti-MPAA. I just think that the way they do business really stinks.

      And, besides, I think there's enough precedent to show that they've abused their IP rights to stifle large, legitimate competition. You either play ball with them, or you can kiss your company/job/market/life goodbye. Sure, they have rights, too. I don't think anyone should be flogged, or anything (although the mere thought gives me a strange, sadistic pleasure I cannot comment about here due to this being a "family" show). I *do* think that their control needs to be wrested away.

      And, as I stated in my previous posts, head-first isn't working, hasn't worked yet, and probably will never work against these people. It's a battle of control. Control makes market-share. Market-share makes money. Money makes more money. More money provides control. Rinse and repeat.

      You can't fight people like this on their own terms. I'm not advocating violence. I'm not even suggesting anything blatently illegal. Not unless you consider civil disobedience blatently illegal.

      The more I think about this, the more I realize that it's a matter of morality. Not the holier-than-thou type, but the simple right-and-wrong lessons that should be taught at a a very early age to all human beings. Treat people with respect and they will repect you in kind. Why is this so hard to understand for some people?

      And before you tell me that nobody is respecting the RIAA and the MPAA, either, consider that they've been disrespecting their customers (you, me, and John Doe) for a far longer time than this P2P file-pirating has been going on. I'm of the belief that P2P has 2 factions. One is the almost-militant "Down with the RIAA and the MPAA" crowd. The other is the group that's taking advantage of a system that's taken advantage of them for years but has no strong opinion either way, for or against the establishment.

      Even I don't fall into those two neat little boxes. I don't even use these technologies. I still buy an occasional CD about 3 to 4 times per year. Most of the time, I'm able to get by with what I hear around me. I also find some great "underground" music that will probably never see the front door of the RIAA's member companies. In effect, I'm boycotting the RIAA without even realizing it. I may cheat once in a while to get a quick fix, but I generally avoid buying commercialized music.

      Now that this is turning into a holier-than-thou conversation, I'm going to let this rest. I think I finally got all the pent-up frustrations about the issue out of my system. But if someone else is gathering a flog-mob to head to RIAA HQ, please make me the first on your sign-up list!

      --
      My sources are unreliable, but their information is fascinating. -- Ashleigh Brilliant
    33. Re:Their future by /dev/trash · · Score: 1
      Which is one of the reasons why I don't own a Tivo. Is it possible to run a Tivo standalone? - without connecting to their subscription service - which I wouldn't want anyway.

      I think so, I dunno as I don't own one either. May build one here soon though.

    34. Re:Their future by gnovos · · Score: 2

      on those searches were you looking for "indy band new promo music" or "brittany spears"? No wonder you found pirated music...

      --
      "Your superior intellect is no match for our puny weapons!"
    35. Re:Their future by SerpentMage · · Score: 2

      But can you stop a creating a company and then hosting servers? I could do this in the US. I just need to keep creating companies and then shutting them down. There is no law against this in the US or anywhere. The RIAA would have to constantly track... That is the point. If this is calculated into the equation then it could be very profitable.

      --

      "You can't make a race horse of a pig"
      "No," said Samuel, "but you can make very fast pig"
  5. That's a case of intrusion... by shankark · · Score: 3, Interesting

    "...Zennstrom did not provide details on how the Morpheus software could have been shut down as a result of the fee dispute. StreamCast has said that Kazaa BV was able to change settings stored deep inside Morpheus users' computers as they logged on to the file-trading network. "

    Isn't this a case of intrusion into the user's computer. Wonder if they can do that.... I mean, like if its fair or not...

    1. Re:That's a case of intrusion... by Buran · · Score: 3, Interesting

      Even if it isn't trespass under the law (is it? They've probably weaseled their way out of any such charges with some disclaimer or other in their licensing agreement; I haven't read it, as I don't use their software, and now never will, but it's trespass to me.)

      If you want to change my settings, ask me first. If I think it's OK, I'll let you. If not, I won't. There's a reason I don't allow any automatic updating of my software: abuse of automatic configuration utilities by people like these guys. Too bad. It's a neat technology, but it's gotten a bad rap from abusers like StreamCast to the point where even I don't trust even the companies who claim to play fair and have never been proved not to.

    2. Re:That's a case of intrusion... by r00tarded · · Score: 1

      whats the difference between "inside" and "deep inside?" more then 4 directories? a Hard Drive located more then one inch deep in the case?

    3. Re:That's a case of intrusion... by phyxeld · · Score: 3, Interesting

      I wonder if the vx2 spyware installed by AudioGalaxy is "fair". Lets see, it sends home comprehensive data about your browsing habbits, right down to data entered in forms on any website, and it randomly opens popup's for IT'S advertisers on random (or not so random) sites you visit. Fun.

      Almost all of the easy p2p options now come with spyware. Morph, KaZaa, Grokster, they're all making money installing hidden software on users' computers. And denying it until they get caught. And swearing not to do it again. And doing it again.

      --
      __
      Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
    4. Re:That's a case of intrusion... by Nick+Number · · Score: 2

      Almost all of the easy p2p options now come with spyware. Morph, KaZaa, Grokster, they're all making money installing hidden software on users' computers.

      Spyware in Morpheus? Do you have a cite for that?

      --
      Promote proofreading. Don't mod up sloppy posts.
    5. Re:That's a case of intrusion... by phyxeld · · Score: 2, Insightful

      Spyware in Morpheus? Do you have a cite for that?

      Well, I've heard it rumored quite a few times, but now I just did some research and it seems nobody has been able to prove that morpheus had spyware. So I stand (sort of) corrected. I say sort-of because there was unexplained suspicious activity from the program (.dat files containing user's data that morpheus shouldn't be storing, etc) and because the program itself did (as admitted on the morpheus website) allow someone to change their users' registry settings. That alone makes the software unsafe and almost spyware-ish. Bottomline is, I still wouldn't trust the company. (and, afaik, running any fasttrack client runs some KaZaA code, and deceptive advertising is their whole bussiness model)

      --
      __
      Choose mnemonic identifiers. If you can't remember what mnemonic means, you've got a problem. - Larry Wall
    6. Re:That's a case of intrusion... by rsborg · · Score: 1
      Kazaa BV was able to change settings stored deep inside Morpheus users' computers as they logged on to the file-trading network. Isn't this a case of intrusion into the user's computer. Wonder if they can do that.... I mean, like if its fair or not...

      DOUBTFUL. Read the part about the "as they logged on"... it can easily be argued that the users were on KaZaA's property at that point, and I'm sure that the liscence states that conditions about login, etc. could be changed at will. Remember, you're liscencing the software.. you don't own it.

      --
      Make sure everyone's vote counts: Verified Voting
    7. Re:That's a case of intrusion... by Rogerborg · · Score: 2
        • Kazaa BV was able to change settings stored deep inside Morpheus users' computers as they logged on to the file-trading network. "
        Isn't this a case of intrusion into the user's computer

      At the risk of Karma Death through Redundancy, this is pure FUD. What's happening is that Morpheus client is connecting to the Kazaa authentication servers. The server says "Go away". The client sets a flag that says "I've been told to go away".

      That's factually the same as what Morpheus are saying. They're just spinning it as some sinister Dark Side plot, with you as the victim and Kazaa as the bad guys. Consider the source, huh?

      --
      If you were blocking sigs, you wouldn't have to read this.
    8. Re:That's a case of intrusion... by Anonymous Coward · · Score: 0

      Isn't this a case of intrusion into the user's computer. Wonder if they can do that.... I mean, like if its fair or not...

      Morpheus and Kazaa used the same software, and it probably used the same registry key area. Just about every piece of Windows software uses the registry to store its current settings, this was no different.

      So all that really happened was that the common engine in both Kazaa and Morpheus got some new data about versioning or servers, stored it in its registry area, and this started the version blocking.

      There's nothing particularly insidious about this registry editing.

      But it's very interesting that the two programs were so identical. If Morpheus and Kazaa had been just slightly incompatible - even if they had used different port numbers - the two networks could have operated completely independently and the Kazaa folk couldn't have shut out the Morpheus folk like this.

      I bet the Morpheus folk are kicking themselves that they were so held hostage to this situation.

      The dark horse in all this is Sharman Networks. They've assumed a lot of financial risk in buying out a technology that's being attacked very heavily by the RIAA.

      And they have certainly proven that, while they don't currently control what people do once they're logged into the network, they have the power to force the upgrade to a new version which does check what sort of content users are distributing!

      That's a big strategic mistake.

    9. Re:That's a case of intrusion... by Anonymous Coward · · Score: 0

      The ".dat" files you talk about containing data is unfinished downloads.

      Lets take it to another point, why do you need a spyware while user runs/trusts to your program already? As RIAA tried to reverse engineer it (btw, isn't that illegal based on its EULA?) they found everything, including transfers even are encyripted.

      I mean, what happens on every query you made, your current_url or history is embedded to the data you sent?

      They should be making money from somewhere you know! We speak about 120.000.000 downloads here, I don't want to guess how much the data flow would cost even!..

    10. Re:That's a case of intrusion... by Anonymous Coward · · Score: 0

      Doesn't UCITA allow the software vendor too forcibly remove software that is in violation of licensing agreements?

    11. Re:That's a case of intrusion... by Anonymous Coward · · Score: 0

      Yes, after enough denied requests the FT stack will remove the ip from its peer cache. That's what was happening to Morpheus users... as the Morpheus supernodes go down, they are being replaced with Kazaa supernodes, which deny connections to Morpheus. Since no new Morpheus nodes can come online, no new Morpheus supernodes can be created.

      What also DID happen is that some Morpheus supernodes did not go down, and a Morpheus 1.3.3 network remains today.

    12. Re:That's a case of intrusion... by Anonymous Coward · · Score: 0

      It seems like the .dat file are probably used as a cache for keeping track of where the host of the files are and possibly for renaming the files when a download is done. Until there is a full documentation, no one outside kazaa would know.

      All I can say is that Morpheus does a lot less disk access and net access when it is sitting idle in the search mode. AdAware didn't find anything out of the ordinary from a morpheus install.

      Kazaa on the other hand (before spyware removal) does a lot of disk & net access even in idle mode.
      After removing the spyware, kazaa is faster and managed to find files.

    13. Re:That's a case of intrusion... by Anonymous Coward · · Score: 0

      The license is between Morpheus & the end user. There are no licenses between Kazaa & the end user.

      Kazaa could have said "Access denied - Morpheus no longer licensed to use this network." They are not alllowed to change user's computer registry via backdoor.

  6. Proving FastTrack isn't true P2P by j_rhoden · · Score: 2, Interesting

    And by locking Morepheus out of the network, Kazaa proved that the network isn't really a true P2P network, and that you can shut it down if order to by a court of law. Good job guys...

    1. Re:Proving FastTrack isn't true P2P by Anonymous Coward · · Score: 0

      "We have been saying all along that they control the system, and this proves it," RIAA Senior Vice President Matt Oppenheim said in a statement last week.

    2. Re:Proving FastTrack isn't true P2P by jordan · · Score: 3, Informative


      SMTP is P2P. HTTP is P2P. NNTP is P2P. The internet? P2P. Our nationwide telephone switching system? Woops, P2P too.

      You mean fully distributed, not P2P. And I don't think anyone claims it, except for Gnutella and its variants.

      --jordan

    3. Re:Proving FastTrack isn't true P2P by Graspee_Leemoor · · Score: 1

      edonkey is fully slap-proof. Anyone can run a server, so all someone would have to do would be to put up a server for a few days and post the address on a web page, then you "discover" more servers as it is running. (Whether from other users or servers I'm not sure)...

      graspee

    4. Re:Proving FastTrack isn't true P2P by Shrubbman · · Score: 2, Insightful

      And by locking Morepheus out of the network, Kazaa proved that the network isn't really a true P2P network, and that you can shut it down if order to by a court of law. Good job guys... No, it's still true P2P, it's just not truely decentralized, which I'm sure is what you meant anyway

    5. Re:Proving FastTrack isn't true P2P by saridder · · Score: 1

      HTTP isn't peer to peer. It's client/server. Client asks, server serves. The server isn't going to ask client for something. Same with NNTP. I ask and I shall receive. The news server isn't going to ask me for my news headers.

      True peer to peer is 2 way, bidirectional, equal access to each other.

      --
      --- RFC 1149 Compliant.
    6. Re:Proving FastTrack isn't true P2P by JPriest · · Score: 1
      Exactly what I have been saying, they can shut it down and they lied...in court.

      ---- "We have been saying all along that they control the system, and this proves it," RIAA Senior Vice President Matt Oppenheim said in a statement last week

      --
      Saying Java is nice because it works on all OS's is like saying that anal sex is nice because it works on all genders.
    7. Re:Proving FastTrack isn't true P2P by multipartmixed · · Score: 2

      NNTP *can* be P2P. It's been awhile (10 years?) since I've developed anything that groks NNTP, but trying grepping the RFC for "IHAVE" and "SENDME" and try disagreeing with me.

      --

      Do daemons dream of electric sleep()?
    8. Re:Proving FastTrack isn't true P2P by saridder · · Score: 1

      Cool! Learn something new everyday! Thanks!

      From what I read, it looks like (according to RFC 977) UseNet evolved from a peer-to-peer network to a client/server type central depository/subscriber system.

      I did see this command from the server to client:

      202 slave status noted

      To me, that means the server thinks of himself as superior, and not a peer. And just so were on the same page, if I had a wife, I'd consider her a peer. If I were to visit a dominatrix, she and I would consider us master/slave, and I think she's issue the above command.

      Although I must admit, it looks like NNTP is (was) a peer-to-peer protocol, I believe the IHAVE is a legacy command no longer in use today. I sniffed my network and can't get the newsreader to issue a IHAVE command. Am I correct?

      Just so I can learn, when would a client issue that command? Would the server just ask if he has any articles, or does the client just offer it to him, and if so, how does the client know when to offer this article and not others?

      --
      --- RFC 1149 Compliant.
  7. who cares by Anonymous Coward · · Score: 1, Informative

    ok great. go kazaa. now go get limewire and start sharing on the gnutella network!

    scott

    1. Re:who cares by Anonymous Coward · · Score: 0

      Because Gnutella stinks. You can't narrow searches beyond simple strings. With fasttrack you can search by field (artist, album, etc.)

    2. Re:who cares by baudbarf · · Score: 1

      I dumped limewire long ago in favor of a hacked Xolox client. The paralell downloads feature is essential.

      --
      You can run but you can't hide, except, apparently, along the Afghan-Pakistani border.
  8. Damaging to them or covering their own ass? by dave-fu · · Score: 4, Funny

    "Your honor, we publically stated that we cut them off for non-payment but the _real_ reason we terminated their feed into our systems is because they refused to respect the rights of copyright holders. And doggone it, we just can't abide by that!"
    See also: AOL vs. Aimster...

    --
    Easy does it!
    This comment has been submitted already, 276865 hours , 59 minutes ago. No need to try again.
  9. Was it quick? by Hacksaw · · Score: 5, Interesting

    Do we really know how long Morpheus has been in arrears with KaZaa? Maybe it's been months. If KaZaa is professional, they wouldn't be telling everyone and their cousin that Morpheus is being a deadbeat. It would be harder for Morpheus to pay if they start losing customers due to a bad rep.

    --

    All the technology in the world won't hide your lack of vision, talent, or understanding.

    1. Re:Was it quick? by redhairedneo · · Score: 0

      In a world where a majority of the computer population use windows just because it comes installed on their computer, I dont think any company would need to worry about losing customers due a "bad rep".

    2. Re:Was it quick? by bagman · · Score: 1

      Right. People who are trying to get something for nothing (music) will be so upset with a company that is trying to get something for nothing (software) that they will boycott it.

    3. Re:Was it quick? by Anonymous Coward · · Score: 0

      My understanding with business payments is that they get 90 days to pay (or is it 60?) at which point interest can be charged. After 6 months (I think) it goes to a collection agency.

      My numbers may be off, but that's what I remember when dealing with my own contracts... which was a long time ago.

  10. I thought Gnutella was done by saridder · · Score: 4, Interesting

    I was part of the working group for the next generatiopn of Gnutella about 1 1/2 years ago, and I thought that we came to the conclusion that Gnutella couldn't support itself once it became too big. The 2^n problem.

    When was Gnutella brought back? Anything new change in terms of the P2P scheme?

    --
    --- RFC 1149 Compliant.
    1. Re:I thought Gnutella was done by Glass+of+Water · · Score: 4, Informative
      see this article for a good explanation of why Gnutella is not O(N^2).

      not to start a boring war, or anything.

      j.n.

      --
      There are no trolls. There are no trees out here.
    2. Re:I thought Gnutella was done by Anonymous Coward · · Score: 0

      It's not totally because it doesn't scale well (which it doesn't).

      Gnutella searches are UNRELIABLE. That's by design, and the design sucks.

    3. Re:I thought Gnutella was done by Anonymous Coward · · Score: 0

      Well, it just works badly, but hey, you can live with it.
      That it doesn't scale doesn't mean that it'll slow down to screeching halt when it grows but rather that you won't really see it grow anymore.

    4. Re:I thought Gnutella was done by Adam+Fisk · · Score: 3, Informative
      The most advanced Gnutella clients are almost identical to the FastTrack system. FastTrack was coded off of the Gnutella model. It's basically just a pumped up old Gnutella, and that's exactly what the newer Gnutella clients are.

      Once again, folks, the Gnutella protocol is not a static entity. At this point it's really an evolving set of the original protocol and extensions.

      In short, Gnutella is where the action is. It's an open protocol with a great deal of development among the client developers as well as the academic community. Many of the clients are also open source, providing a rich overall platform for innovation. The original protocol with all of the extensions has also become quite complex. The design, I assure you, no longer "sucks."

      If you're interested, check out the center for active Gnutella development at: http://groups.yahoo.com/group/the_gdf/

      Thanks.

      Adam Fisk
      LimeWire LLC

      --

      Adam Fisk

    5. Re:I thought Gnutella was done by kesuki · · Score: 2

      It can support itself, there have been a ton of improvements.
      1. bandwith limitation. Say server X wants to be part of Gnutella and has a T-1, but wants to cap to 6K/second to avoid costly bandwith when they're not actually actively searching for files. All the best gnutella clients have bandwith caps both up and down stream.
      2. cached server locations. When you start downloading a file the gnutella client now can cache the address so that even if you loose connection via hubs you can still put in a request to download the file as long as they're still at the same ip and are still running gnutella.
      3. shotgun downloads. When files of the exact same size (optionally name too) are found within your search result it is possible to break up the download positions and download from 2-3 even 4 sources at a time. This would work much more effectively if they used MD5 sums instead of file size Or name.
      4. ignore search requests. It is now possible for a gnutella client to 'ignore' search results when the number of max uploads has been hit. So a 'busy' server can simply ignore people who ask for a file.
      5. the library grows exponentially for small bandwith hits. I can sustain 4 connections for only 3/K sec in both directions and this will provide around 300 gigs of file swapping capacity. However I can sustain 10 connections for 6K/second and get almost 1.2 TB of searchable files. I can flakely connect to between 12-24 servers to achieve a DB from 1TB to 7TB. Currently my upstream cap is 25KB/sec but as I'm on a shared cable modem network I find that I am practically limited to about 7-9KB/sec due to packet loss from collisions. At least at the size packets gnutella uses.
      Currently I set my minimum direct connections to 6 because then it wastes the least amount of bandwith looking for new servers. I also seem to have attracted some high file size users because I now have 1 TB available from 6 connections. then again I am sharing 20 gigs. BTW I am not on p2p much as I prefer the quality control that one can exert by making a 300 MB DivX of a 24 minute anime episode. Done right a DivX looks much cleaner than SVHS and approaches DVD quality. I don't like the low grade 30-60 MB an ep stuff that is floating on p2p.

  11. No no, it's not possible, it was evil hax0rz!@ by jordan · · Score: 1
    The simplest explanation is usually the most likely one.

    Is anyone surprised by this outcome? Was anyone actually watching during the dot-com meltdown? Hey, let's give away our client and fund our company on ad revenue alone. Yeah, right.

    And what of all the conspiracy theorists? Guess they'll just have to remove their foot from their mouth . Oh, and maybe these guys too .


    --jordan

    1. Re:No no, it's not possible, it was evil hax0rz!@ by Ilgaz · · Score: 1

      I have read that anonymous comment too, when Kazaa was bought.

      Thanks for reminding. Its just easy to understand now... And gave a lesson to me, like... You must read even "anonymous cowards" on this crappy World. :-)

      1)RIAA connected firm buys Kazaa
      2)Kazaa kicks morpheus from their network
      3)Kazaa shuts down speaking about financial reasons??? (Well not happened -yet-)

      What Morpheus did was clever. They knew all the story so, they made a quick move to gnutella.

      I don't agree with everyone on that, Morpheus was speaking about moving to gnutella platform 1-2 months before even. I mean, its not a quick hack but seems they didn't wait such conspiracy would happen.

  12. When Free Music Fanatics Form A Firing Squad... by Anonymous Coward · · Score: 4, Funny

    ... it looks like they stand in a circle!

    1. Re:When Free Music Fanatics Form A Firing Squad... by Anonymous Coward · · Score: 0

      It's kind of a variation on 'The Tragedy of the Commons.'

      It could be called 'The Bloodletting at the Pirate's Clubhouse.'

  13. Maybe Morpheus was just sharing the Kazaa software by jp93023 · · Score: 4, Funny

    Why pay for a software license when you can just share the goods for nothing? Kazaa just doesn't get it!

    --
    ----- Indecision is the key to flexibility.
  14. Money by inerte · · Score: 5, Informative

    Still, there has to be more to it than that for KaZaa to cut them off so quickly and unexpectedly, especially since a P2P network's power lies in the size of its audience.

    From Kazaa's homepage:

    "Morpheus users - Come on over to our place"

    Kazaa has spyware, that's where their money come from. For them, any increase on the number of people using their program is good, and NOT using Morpheus.

    1. Re:Money by Fjord · · Score: 1

      Kazaa's spyware is limited. If you don't do something stupid like install Bonzi Buddy, then it's limited to what you do in the (IE) browser embedded in the Kazaa client. So don't surf your corporate intranet with Kazaa. Do surf to sites like /. because maybe Kazaa'll start showing ThinkGeek ads.

      --
      -no broken link
  15. Eee Gads! I though it was non-shut-down-able... by tinrobot · · Score: 1

    Just goes to show you... I guess it's not really peer to peer, seems more like master/slave... I hate it when that happens, you get into a nice realtionship with a bit of software, then they freak out on you and change the rules. Kind of like some of the women I've dated...

    Here's a question - is there a way to tap into the Kazaa/Morpheus community with OSS or something else that's not controlled from above?

  16. Why is everyone so interested in Kazaa etc? by fruey · · Score: 0, Flamebait

    Gnutella is the way. It will win. I got sick of Napster users moaning when it got shut down. I am getting sick of Morpheus users who think Gnutella is new and invented by Morpheus. But most of all I'm sick of all these Matrix references and the newscasters who tell the story like they told Napster, not understanding anything at all. Who gives a shite about the protocol, or the companies? You can get what you want just depends on how clever you are with internet. Better that simple tools don't exist so that mt evening news is not polluted by some dick trying to sound like he is hip with filesharing stories.

    --
    Conversion Rate Optimisation French / English consultant
  17. New Morpheus.. by DCram · · Score: 2, Interesting

    Steve Griffin StreamCast/Morpheus CEO
    "This unprovoked attack is being carefully investigated, as it appears that federal laws may have been violated. We are still attempting to discover who would want to eliminate the community of millions of consumers who are using the Morpheus software product to connect with other users around the world."

    Because of these attacks there is a new version of Morpheus that you must download in order to use the P2P system. They state in the message that this software was forced to be released early and I can say that the new software isn't what I was expecting. At this point in the P2P lifecycle I don't believe that this is doing any good.

    Wheather or not MusicCity is going to press charges against the attacks that rendered software useless this comes at a bad time. Any company that forces another companys software to go belly must be looked at closely.

    Link

    --
    If I were only smart enough to accomplish the things I dream about.. Or maybe too dumb to care.
  18. heh... by GodHead · · Score: 2

    Quote: "The company didn't pay its bills."

    I think it's quite funny to see a bit of greed from a company dedicated to "sharing".

    --
    Just wait till some crappy band steals your nic.
    1. Re:heh... by Anonymous Coward · · Score: 0

      ...they did not share their money -> banned.

      -E

  19. Well they might be pissed off by Edmund+Blackadder · · Score: 2, Interesting

    By the huge "so spyware" sign on morpheus' webpage. Because Morpheus is rightfully seen as a better software to have than Kazaa, they probably understood that if morpheus was on the same network, people will always prefer it.

  20. The Real Reason: Cydoor by hndrcks · · Score: 5, Informative

    Kazaa / Grokster / whatever "upgraded" the software last week to REQUIRE installation of the Cydoor spyware junk. Morpheus has always committed to "no spyware."

    There is a solution for those wanting to use Grokster but not have the Cydoor crap:

    http://www.cexx.org/cydoor.htm

    --
    Everyone will start to cheer when you put on your sailin' shoes.
    1. Re:The Real Reason: Cydoor by Anonymous Coward · · Score: 0

      I found that this works for Kazaa as well...

    2. Re:The Real Reason: Cydoor by hkmwbz · · Score: 1
      I ask you to please present evidence that Cydoor is currently involved in spying on its users. The very URL you gave states this:

      "Cydoor has cleaned up its act considerably since previous versions of its software. Previous versions left it up to the host application's vendor to disclose (or not) that Cydoor ad components were being installed, leading to a finger-pointing loop in cases where the software was not disclosed. Additionally, previous versions used a GUID to track individual users across multiple sessions. This has been removed from the current version, as verified by our tests and information on the Cydoor website. Cydoor's components now come with an uninstall feature that was not present in earlier versions."

      Sometimes, people are too eager to claim that something is spyware, when this is in fact rumours. So does anyone have any definite information on whether or not Cydoor currently distributes spyware?

      Have a look in the Grokster (grokster.com) forums, where their support people explain that Cydoor is in fact not spyware.

      --
      Clever signature text goes here.
  21. Morpheus sucks now by Anonymous Coward · · Score: 0

    I am not sure about the rest of you but I recently downloaded the new preview edition of morpheus that connects to the gnutella network. Of 20 downloads I tried to get I recieved 0 due to various errors and such. If this is common place people will drop morpheus and switch to kazaa, spyware or no spyware.

  22. This is a good thing for Morpheus by kontos · · Score: 2, Interesting

    This whole situation sousds a lot like Morpheus escaping a burning building. Kaazaa has got to be on their last leg. All of the back-office wheeling and dealing can mean only one thing. They're desperate. Either the courst are about to shut them down, or thay are running out of money. Either way. the FastTrack software is about to collapse. Morpheus did the right thing by seperating themselves from that whole mess. If they didn't pay thier bills...It jsut tells me that they saw this coming for a while.

    --
    SM MBL-VIR looking 4 SIG 4 LTR. must be DDF, no 420, SD ok.
  23. Morpheus had pleanty of time to pay. by Anonymous Coward · · Score: 0

    They were told two weeks ago to pay because an upgrade was comming. They were also told it will cost more this time. They didn't. Therefore they got shut down, easy as that.

  24. Perhaps becuase StreamCast was American? by instinctdesign · · Score: 5, Informative
    There is some weird cat-and-mouse play going on here that can only be damaging to both sides in the upcoming trial against the RIAA and MPAA in California.
    It might have something to do with the fact that Morpheus, owned by the American company StreamCast, was perhaps the most likely of the three to get convicted under United States' law. Thusly, they were the best target and perhaps the biggest liability of each of the companies running FastTrack. With them, and no other United States localized company running FastTrack, the network is a bit more secure since going after the others would be meddling in other country's laws. Correct me if I'm wrong, but that's how I read it.
    --
    forma3
    1. Re:Perhaps becuase StreamCast was American? by Anonymous Coward · · Score: 0

      This is not supposed to be flamebait: But since when has meddling in other countries' affairs stopped the US?

  25. Kazaa hurt itself by psycht · · Score: 1

    seems to me that Kazaa shot itself in the foot by doing this.. they really need to stick together with the RIAA on their back.

  26. Re:Eee Gads! I though it was non-shut-down-able... by LighthouseJ · · Score: 0, Informative

    Try giFT or jiFT.

  27. Kazaa true p2p? by schmaltz · · Score: 3, Interesting

    Whether Kazaa / Morpheus / Grokster / Fasttrack is true p2p is in debate, and mostly this question is due to Kazaa's shutting Morpheus down. Without any other facts, Fasttrack's status as true p2p isn't disproven, but it could just as easily be a software switch or "lease" renewal.

    When my LimeWire client first connects, where does it go to get IPs of other peers? A central server. Does this make Gnutella not p2p? I don't think so.

    When my Grokster client first starts up, it also connects to an IP within a relatively small range -a central server (ethereal tells me this much.) When Morpheus clients connect to the same central servers, they are probably being identified as Morpheus clients and being denied the list of peer IPs, and whatever authorization Kazaa's built in to their protocol.

    --
    Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    1. Re:Kazaa true p2p? by Ewan · · Score: 3, Informative

      When limewire connects it goes not to a central server, but another limewire client. Limewire happens to provide 4 or 5 default client ips to connect to (router1.gnuetta.org, router2, router3, etc if i remember) but if 1 or all of those 5 were to go down, then you could type in a replacement yourself which you could find from a website. With morpheus/kazaa etc, you can't change the IP you connect to first.

      Ewan

    2. Re:Kazaa true p2p? by schmaltz · · Score: 3, Interesting
      Those 'router' machines are central servers, providing peer IPs upon startup. My linux limewire client shows the following "Quick Connect hosts"--
      router.limewire.com:6346
      connect1.gnutellanet.c om:6346
      connect2.gnutellanet.com:6346
      connect3.g nutellanet.com:6346
      connect4.gnutellanet.com:6346
      I know that, yes, from a protocol and topology standpoint, these are "peers" in a technical sense.

      But they don't seem to be filesharing p2p peers, as their only mission seems to be to bootstrap clients into the p2p network by giving them IPs of other filesharing clients and supernodes. On the other hand, if a gnutella user knows an IP of a currently running client, s/he can manually key that in and get bootstrapped. Otherwise, and without a central server to offer IPs of other nodes, a *new* node to the network is unconnected.

      LimeWire seems to remember peer IPs from previous sessions, as I just deleted the startup server IPs from the config and restarted it, and it has no trouble connecting to gnutella.
      --
      Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    3. Re:Kazaa true p2p? by mpe · · Score: 2

      With morpheus/kazaa etc, you can't change the IP you connect to first.

      You probably could, just that it is harder than with a GNUtella client which explicitally has an option to do it.The defaults for KaZaa will be either in a registry key or in the executable somewhere...

  28. Bad for Kaaza... good for Morpheus by javatips · · Score: 4, Interesting

    I believe Kaaza shot themself in the foot.

    They showed to thr RIAA that they control the network in some way (they can shut it down and manipulate some registry settings) (even if they may not be able to control content right now).

    They tried to make people switch from a competitor software which was more popular in a very aggresive way. (I for one downloaded Kaaza after the shutdown... However I'm back on Morpheus now). People will not like this.

    Now if Morpheus is able to reclaim it' users (it should be easy because they do include spyware), the FastTrack network will be amputated millions of users.

    It's good for Morpheus... If they survive a lost (if they loose)against the RIAA, their network is now completely decentralized (thank' to gnutella). Which is a good thing against further lawsuit. However, in the same event, Kaaza and Grokster will loose their network and will have to build a new one on another protocol.

    It's a win-win for Gnutella... Whatever the outcome of the lawsuit... Many more millions of users on the network.

    1. Re:Bad for Kaaza... good for Morpheus by Karen_Frito · · Score: 2

      You said:

      Now if Morpheus is able to reclaim it' users (it should be easy because they do include spyware), the FastTrack network will be amputated millions of users.

      I replied:

      No, Morpheus -does not- include spyware. They state this publically and half the reason that Morpheus is better than Kaaza is that Morpheus does NOT include spyware.

    2. Re:Bad for Kaaza... good for Morpheus by javatips · · Score: 1

      Oups... It was my mistake. What I wanted to say is that the competing apps (Kazaa & Grokster) included spyware. I never intended to mean that Morpheus included spyware.

      Shame on me for not proofing what I wrote.

  29. Kazaa & spyware -- why support them? by jerryasher · · Score: 2, Interesting
    Kazaa was involved with putting spyware on your system.

    What is they do that anyone finds sufficient value in to support anything they do?

    1. Re:Kazaa & spyware -- why support them? by Anonymous Coward · · Score: 0

      fuck kazaa/morpheous/winmx/napster ...

      who on slashdot hasn't been pirating mp3's since oh, '97? fuck these p2p cash-monkeys... they don't give a shit about freedom, privacy laws, etc etc... strictly CASH.. hey, it reminds me of the RIAA/MPAA...

      on another note

      get ad aware from lavasoftusa.com....

      what we really need to to teach more ppl how to use FTP and FTP searches... I like what AudioGalaxy is doing with offering an FTP search, except that FTP admins are almost always jerks... kinda like slashdotters... figures, only the above 70 IQ people know how to use IRC & FTP...

      and /.

      wh00t

  30. All about the bling-bling by liquidsin · · Score: 5, Interesting
    "MusicCity (also known as StreamCast Networks) has failed to pay any amounts due to Kazaa BV under the parties' license agreement"


    How will the RIAA / MPAA / Software industry look upon this, with Kazaa adimitting to making money off of their copyrights? (I know that's flawed logic, but the RI/MPAA cares not for your 'logic') Kazaa just admitted that they're in this for the cash. Sure, it's just a license to software that can be used to trade *anything* (not just copyrighted material), but they just admitted that they can and do control who gets on the network AND that they're making cash off of it. They just drew the bullseye on their own forehead.
    --
    do not read this line twice.
    1. Re:All about the bling-bling by sheldon · · Score: 1

      That's not flawed logic at all... It's a very good question.

    2. Re:All about the bling-bling by inerte · · Score: 1

      Well, I know media companies make money from copyrighted materials. Just read a magazine that talks about Hollywood.

      Anyway, I believe that's the reason RIAA can't use the argument "you make money on me". Kazaa's answer would simply be "Therefore stop the presses!".

      One of the main arguments of RIAA has always been that p2p (or whetever) _helps_ to infrige copyright's laws. In fact _so much_ that it should be banned. What you said about they control if people can login does have a point, though.

    3. Re:All about the bling-bling by liquidsin · · Score: 2

      I think what you're going for is a little different though. No magazine is making money by distributing a movie. They may discuss a movie, or review it, or interview the actors, or even give away the plot. But it's still not the whole movie. And note that in mags all of the still pics of a movie will tell you exactly who owns the right to that picture. But (as far as hollywood is concerned) p2p networks are giving away their products. And now, they're admitting to taking money for this service. All bad.

      --
      do not read this line twice.
    4. Re:All about the bling-bling by inerte · · Score: 1

      I think not ;-)

      I was just rebutting the "with Kazaa adimitting to making money off of their copyrights" part of your post. There's a flaw here, that's what I tried to show.

      I agree with you that distributing a movie is different than reviewing, but sorry I could not read this in your original post ;-)

    5. Re:All about the bling-bling by elefantstn · · Score: 2

      So, you needed this statement to find out KaZaa is out to make money? What did you think they were, a non-profit charity? I really don't think this changes anything.

      --
      If it ain't broke, you need more software.
  31. File-sharing advice post by Anonymous Coward · · Score: 0

    so.. now that all this fuss is happening with kazaa and morpheus.. what's the next best file-sharing software out right now? hopefully this post will help out people (like me) trying to find the Aphex Twin - Classics CD

    1. Re:File-sharing advice post by Anonymous Coward · · Score: 0

      I don't know where you live, but over here in this shitty little Dutch provincial town, Aphex Twin's Classics is rather easy to find, and if it's not in stock, they'll order it for you. And, btw, if you're looking for MP3s of this kind of stuff, Audiogalaxy is much better than Morpheus, Kazaa et. al.

  32. An interesting side note. by einer · · Score: 3, Interesting

    I was running Morpheus and waiting for some very large downloads to complete. I never turned my box off. I'm still downloading the same files just as quickly, but am unable to search the network.

    1. Re:An interesting side note. by Drachemorder · · Score: 1

      If I understand correctly, that would be because, when you're downloading something, you're connected directly to the other computer(s). Anything going on on the FastTrack network is irrelevant to that, since the network isn't involved in the actial download. It's just used to find the computers for you to connect to. So if KaZaa managed to block your access to the FastTrack network, it won't affect your downloads that are already in progress.

    2. Re:An interesting side note. by Qazimov · · Score: 1

      I was running Morpheus and waiting for some very large downloads to complete

      very large downloads n.
      1. pr0n.

      -Q

  33. Egos Involved by digger3001 · · Score: 2, Insightful
    I'm betting there were some egos involved here.

    Morpheus didn't pay the bills and KaZaa called them on it. Morpheus' CEO sounds like a real egomaniac from his comments in the news and on their website and I'm betting he figured he'd wait til they turned him off and then blame THEM and try to make KaZaa look like the assholes.

    Obviously he knew about non-payed bills and the apparent chance of being shutdown otherwise they wouldn't have has a Gnutella client all developed and ready for release within a few days.

    If someone at Morpheus is reading this pass it on to your CEO and tell him that treating partners like this doesn't make anyone want to work with your company and makes him look like a prick.

    I have no affiliation with either company and am strictly speaking as an outsider having dealt with people and situations like this. Is anyone else sick of this ego crap?

    1. Re:Egos Involved by inerte · · Score: 1

      I'm betting there were some egos involved here.

      Poor cubicle child! The right name for this is Marketing!, where lies clash for your buying needs.

    2. Re:Egos Involved by hkmwbz · · Score: 1
      "otherwise they wouldn't have has a Gnutella client all developed and ready for release within a few days."

      They didn't have an all new client. They simply took the source code for Gnucleus, which is an open-source Gnutella client, and changed a few small things, such as replacing the graphics and so on.

      So it actually looks like this came as a surprise for Musiccity. Otherwise, they would have had a better client available. Frankly, the current (temporary) version of Morpheus is sub-par.

      --
      Clever signature text goes here.
  34. Re:Kazaa admits to trolling shutdown... by Anonymous Coward · · Score: 0

    What's wrong with these people? Don't they have anything better to do with their lives/time than to bother others?
    No.

    Now: move your mouse pointer to the menu that says "threshold," and select something higher than -1.

  35. Liers and Jerks (again: "We can't be shut down..") by phallen · · Score: 1

    Thought I would reitterate this point: their CEO went on record (on a C|Net interview) as saying, in so many words:

    "We are not worried about lawsuits or the recording industry because, without central servers, we cannot be shut down. Even if the company dissapears, the clients are still out there and will continue to connect to eachother, regardless!"

    But then, as I've learned, they released a newer version of Morpheus that allowed itself to be shout down. Gee, what a surprise: a CEO talks about how he's doing it all for the people and for the wonder that is p2p sharing, but he's really just a jerk who, when he can't make a buck, decides to screw it all up for everyone.

    Yeah, I know about LimeWire and all the others, but Morpheus had the features I liked and it was always faster.

    --
    If Slashdot is where the spelling-challenged go when they die, I'm in heaven.
  36. It's not the reason, it's the method. by AltGrendel · · Score: 2, Redundant

    Not paying bills is certainly a justified reason for shutting down a service. But I don't like the idea that they used a back-door to change user settings.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

    1. Re:It's not the reason, it's the method. by Anonymous Coward · · Score: 0

      Actually, it's not kazaa or fasttrack which is providing the valuable part of the service but the users. It's the users' right to choose who can and cannot connect to their computers, not someone elses, therefore shutting someone off a system like that is a kludge.

    2. Re:It's not the reason, it's the method. by Anonymous Coward · · Score: 1, Funny

      > It's the users' right to choose who can and
      > cannot connect to their computers

      Because they're paying...oh, wait a minute. Because it's not like other computers are connecting...oh, wait a minute.

    3. Re:It's not the reason, it's the method. by discogravy · · Score: 2

      what were they going to do, say "please don't steal music^H^H^H^H^H^H and just pay us?"

      The RIAA/MPAA has conclusively proved (to lawmakers in their pocket, anyway,) that you can't trust people to do the right thing, and you must force them, by any means necessary.

    4. Re:It's not the reason, it's the method. by Rogerborg · · Score: 5, Informative
      • I don't like the idea that they used a back-door to change user settings.

      It's OK, it's only an idea, not an actual fact. All Kazaa are doing is refusing to authenticate Morpheus clients. The "setting deep in your machine" that gets set is the flag in the client that reminds it that it's been told to get lost.

      Always consider the source. Morpheus is a for-profit organisation that's (allegedly but credibly) refused to honour its contract with Kazaa. There's a perfect innoculous translation of their rant against Kazaa that matches the facts. You don't have to buy their FUD, unless you really, really want to.

      --
      If you were blocking sigs, you wouldn't have to read this.
  37. Blah Blah by fire-eyes · · Score: 0, Redundant

    I'm almost getting sick of hearing about this, eh?

    However I do wish both sides would just spit out what the hell is going on.

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
  38. GNUCLEUS by Anonymous Coward · · Score: 0

    Support Gnucleus .

    Fuck Morpheus. Fuck KaZaa.

    1. Re:Gnucleus by Lukey+Boy · · Score: 1

      Absolutely. Gnucleus lets you download any file type and supports multi-source downloading, allowing you to grab chunks of a large file from several different servers. It's also got an auto-evolve function, but anyways I'm rambling. Definately check it out.

    2. Re:Gnucleus by ZaneMcAuley · · Score: 1

      Yeah, I just downloaded it. All we need is more sharing on it. I like Kazaa because its got multi source downloading and different file formats with a useful search function.

      --
      ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
  39. Re:Eee Gads! I though it was non-shut-down-able... by liquidsin · · Score: 5, Informative

    giFT is an open source ft client, and they're also developing the openFT network that they hope will become the new standard for p2p file trading. It's loosely based on the FastTrack network used by kazaa but it's all open sourced.

    --
    do not read this line twice.
  40. morons by slapshot · · Score: 2, Funny

    my favorite quote...
    "...especially since a P2P network's power lies in the size of its audience"

    obviously not...if you pull the plug

  41. Gnutella will not suck by Juiblex · · Score: 3, Interesting

    If Morpheus can use the Gnutella network together with all their aparatus of media file meta-information, and multiple segmented downloading, and if they use the hyper-cube network approach, rather than the tree one, it will simply rocks, and no one will be able to stop it when it begins.

    1. Re:Gnutella will not suck by Skirwan · · Score: 5, Funny
      If Morpheus can use the Gnutella network together with all their aparatus of media file meta-information, and multiple segmented downloading, and if they use the hyper-cube network approach, rather than the tree one, it will simply rocks, and no one will be able to stop it when it begins.
      And if pigs can fly, and I can ride one, and they fly me to hell, and it just froze over, and we all have ice cream...

      --
      Damn the Emperor!
    2. Re:Gnutella will not suck by zaffir · · Score: 2, Insightful

      The only problem with Morpheus using their own cool tech is that... well, they have none. They just put interface buttons in Gnucleus and called it their own. Hell, they didn't even bother to change all the dialog boxes containing info such as "please restart Gnucleus" to "Please restart Morpheus". Ever wonder why Kazaa and Morpheus looked exactly the same? Its because they were. Morpheus is basically just selling add space in a program they've renamed as their own.

      --
      "Upon attaching the waterblock to my penis, I began to notice that I know nothing about computers." -- JRockway
    3. Re:Gnutella will not suck by Anonymous Coward · · Score: 0

      They'll probably try something like that and eventually the protocol becomes a bloated array of random hacks. (hmm.. sounds like any other real-life protocol)

      just my 0.00e (modded to nearest 5 cents)

    4. Re:Gnutella will not suck by talonyx · · Score: 4, Funny

      "And if pigs can fly, and I can ride one, and they fly me to hell, and it just froze over, and we all have ice cream..."

      I really need to stop reading Slashdot while on codeiene.....

    5. Re:Gnutella will not suck by Anonymous Coward · · Score: 0

      Sounds to me like YOU don't like the concept of Free Software.

      The GPL grants anybody the right to change the source as slightly or as much as they want and re-release it.

    6. Re:Gnutella will not suck by Anonymous Coward · · Score: 0

      gnutella will always be crap.

      the problem is that searching random computers is never going to be a good idea.

      once you find how to make the computers you search less random ( ala fast track ) then you can begin to no suck.

      gnutella + caching still is random no matter how much caching you add.

    7. Re:Gnutella will not suck by Anonymous Coward · · Score: 0

      Only if they include the lisence and source along with the program, and Morpheus didn't.

    8. Re:Gnutella will not suck by zaffir · · Score: 1

      I don't have a problem with that the GPL or any other Free Software. I was pointing out that the technologies listed by the original poster- meta-information, mutliple segmented downloads- were not Morpheus' to begin with, and it doesn't seem that they're moving towards implementing that tech, based on this preview release.

      --
      "Upon attaching the waterblock to my penis, I began to notice that I know nothing about computers." -- JRockway
    9. Re:Gnutella will not suck by Si+F. · · Score: 1

      IIRC Gnucleus doesn't support the hyper-cube (aka tesseract, hyper-net, super-peer, etc) extensions which allow gnutella to scale better (if not perfectly). I think LimeWire and BearShare are the only clients that do.

  42. What 'bout GiFT???? by Zeeto · · Score: 2, Interesting

    There's a project called GiFT, (acronym to GNU Internet File Transfer) project, that's trying to implement a FastTrack like protocol (not using their network). I'm really excited with it, but it development is quite slow...
    Maybe they can implement a real alternative to the proprietary FastTrack, or to the old-and-slow Gnutella.

    1. Re:What 'bout GiFT???? by jonathan_ingram · · Score: 2

      There's a lot of violence inside you...

      The Windows port is being worked on, but won't be released until they've had the chance to finalise the protocol, using the UNIX-based users as testers. That way they can be sure that the protocol will scale properly before it's massively stressed.

    2. Re:What 'bout GiFT???? by Anonymous Coward · · Score: 0

      Gnu Internet File Transfer, huh?

      I thought it stood for Gift isn't Fast Track. :)

    3. Re:What 'bout GiFT???? by Genom · · Score: 2

      I believe the acronym is Generic interface to FastTrack =)

  43. yEnc is killing the newsgroups by Anonymous Coward · · Score: 0

    it makes the process about 2x longer.

    first you download the file (whatever.zip)

    then you extract all the stupid nfo files with the rar files (whatever.r00...)

    then you extract to a directory

    Now you have to save every message as a freaking text file

    then yDecode

    then do the above steps.

    irritating

    Just my 2 pesos!

    1. Re:yEnc is killing the newsgroups by jd142 · · Score: 2

      yEnc will be a part of Free Agent and Agent by March 15th, so the added step of doing yDecode will be moot in a few short weeks for most heavy newgroup users. If you are looking at or listening to binaries from newsgroups, most people on windows migrate to some version of Agent. You are correct about the rar files needing to be recombined. But if all you care about are multimedia, that rarely comes up. It is only when you are looking at getting warez that the rar files come into play.

      You young whippersnappers today have it too good! I remember when uudecoding was at this stage.

    2. Re:yEnc is killing the newsgroups by Anonymous Coward · · Score: 0

      >the rar files needing to be recombined. But if all you care about are multimedia, that rarely comes up.

      Not when multimedia == avi files. A typical anime file can take anywhere from 75 meg to 200 meg. The perfered way is to use rar files (eg r00, r01...)
      and par files.

      MP3 file is a subset of multimedia and does not equal to the superset of multimedia file.

  44. Before we get too X files... by Rogerborg · · Score: 5, Informative
    • "MusicCity has failed to pay any amounts due to Kazaa BV under the parties' license agreement"

    Note the "any". You don't need rocket science to work out that you can only give people the benefit of the doubt for so long before deciding that you're being scammed and are never going to see one penny. Ironic, nes pas, that Kazaa kick of Morpheous for freeloading on their work and IP, when the vast majority of Kazaa's income is coming from serving ads to people making copies of copyrighted material (self included, I'm not being pejorative)?

    • "[Morpheus] has said that Kazaa BV was able to change settings stored deep inside Morpheus users' computers as they logged on to the file-trading network"

    Who there, conspiracy theorists. The "setting" is question is probably just the "bool bClientIsAuthorised" flag based on the reply from the Kazaa authentication servers. There's nothing sinister going on here. This is the way the Kazaa network is supposed to work (now). Authorised clients paying for connection to the Kazaa authentication servers. Since they went authentication to throw off giFT, Kazaa has been a client-server/P2P hybrid. Maybe Morpheus didn't get that, but I'm sure the giFT team can explain it to them.

    • StreamCast's Griffin conceded last week that there had been some dispute over licensing terms for the peer-to-peer software. But he said that a wholesale shutdown of the Morpheus network would have violated the terms of his contract with Kazaa BV. In a message to Morpheus users this weekend, Griffin pointed fingers at Kazaa BV and warned people not to use the company's software.

    Translation: "Those bastards actually make you pay to play! I mean, they expect us to hold up our end of the contract as well as them holding up theirs. What's with that?"

    • The RIAA reacted to this development quickly last week. "We have been saying all along that they control the system, and this proves it," RIAA Senior Vice President Matt Oppenheim said in a statement last week.

    Sure, or you could have subpoena'd the giFT team to tell you that... ;-)

    What you absolutely must understand is that Morpheus is a commercial service. The "100% spyware free!" boast was a marketing plot. They thought they could make money off of freeloaders (like me, remember?). Trouble is, Kazaa had the same idea, and Kazaa own the keys to that particular part of the Magic Kingdom.

    Now Morpehsu is going to try and make money off of Gnutella. Well, here's a pretty pickle. Does the Gnutella network want a for-profit service in there, attracting the ire of the MPAA and their bought politicians (and judges who, lest we forget, have an eye on promotion to the Supremes, and can tell which way the political winds are shifting)? I doubt it. Can Gnutella do anything about it? Of course not. They can't pull a Kazaa and block Morpheus, either by force majeur or through obscurity.

    Screw who said what to who between Kazaa and Morpheus. That's yesterday's news, it was doubtless all about the bottom line, and given the characters of the organisations in question (proprietary, commercial, legally dubious), we simply can't expect anything like honest answers from anybody. It's "Morpheus versus Gnutella", or "Morpheus with Gnutella" that's the issue now. This is shaping up to be the first big test of how well open source can survive in a hostile environment, with layer upon layer of juicy morality quandaries to pick over.

    Is it wrong for Morpheus to "freeload" off of Gnutella? But they're license compliant, and they bring a whole lot of content with them. And the whole Gnutella network is - de facto - already about freeloading. But making profit off of it just fuels the MPAA/RIAA's law-buying machine...

    This one is going to run and run. I for one am going to settle down with some popcorn and enjoy the (truly) free show. ;-)

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Before we get too X files... by jark · · Score: 1
      Now Morpehsu is going to try and make money off of Gnutella. Well, here's a pretty pickle. Does the Gnutella network want a for-profit service in there, attracting the ire of the MPAA and their bought politicians (and judges who, lest we forget, have an eye on promotion to the Supremes, and can tell which way the political winds are shifting)? I doubt it.
      LimeWire is already a for-profit Gnutella client, where one can pay $8.95 for the "pro version," that removes the ads in the "free version" as well as other features.

      How is what Limewire is currently doing any different from that of what MusicCity would like to be doing?

    2. Re:Before we get too X files... by jred · · Score: 1

      Is it wrong for Morpheus to "freeload" off of Gnutella? But they're license compliant, and they bring a whole lot of content with them. And the whole Gnutella network is - de facto - already about freeloading. But making profit off of it just fuels the MPAA/RIAA's law-buying machine...

      Reading through all the posts, yours hit me. I have one question, though. If they were making a profit, why couldn't they pay their damn bills???

      --

      jred
      I'm not a mechanic but I play one in my garage...
    3. Re:Before we get too X files... by Anonymous Coward · · Score: 0
      They thought they could make money off of freeloaders...

      Always amazed me... imagine the business pitch at a MusicCity or a free net access company:

      - And we'll make $$$ selling adverts to users!
      - Uhm, who's gonna advertise to people too cheap to pay for internet acccess ($10/month) or music ($15/cd).

      I'm sure this all made sense to someone at some point...

    4. Re:Before we get too X files... by kz45 · · Score: 1

      Now Morpehsu is going to try and make money off of Gnutella. Well, here's a pretty pickle. Does the Gnutella network want a for-profit service in there, attracting the ire of the MPAA and their bought politicians (and judges who, lest we forget, have an eye on promotion to the Supremes, and can tell which way the political winds are shifting)? I doubt it. Can Gnutella do anything about it? Of course not. They can't pull a Kazaa and block Morpheus, either by force majeur or through obscurity.

      unfortunatly, the gnutella network has been supported by commercial companies all along.

      Look at who runs the largest cache servers:

      first it was limewire, now it is bearshare (who I might add is going to pull a kazaa very soon. the latest is that version 2.0 will only share with other bearshare clients + have "super nodes")

      Before any of the main cacheservers were up, gnutella was dead. (this was about a year and a half ago).

      The one problem with an open standard p2p network is that anyone can build a client. You might think this is a good thing but consider the fact that many clients may not search properly, could spew bad data, or drop file requests. With kazaa, there was no problems like this, making it a very fast and very efficient system (better than gnutella and napster in its hayday).

      Just my 2 cents

  45. A great filesharing program by Anonymous Coward · · Score: 0

    Can be found here. I think you'll find it quite useful and user friendly. Tell all of your friends about it.

    1. Re:A great filesharing program by Anonymous Coward · · Score: 0

      As expected, this is a goatse.cx link.

  46. Delete Morpheus, install Gnucleus by Von+Rex · · Score: 2, Informative

    There's a name missing in this debate: Gnucleus.

    Some of you might not realize the depths of sleaze to which Morpheus has descended. To make their latest "preview version", they took an open source Gnutella client named Gnucleus (http://www.gnucleus.com), added their branding and annoying popup ads, and redistributed it as the new version of Morpheus.

    They did not even contact the developers of Gnucleus before they ripped off their software. And they ban anyone from the Music City chat room who even mentions the existence of Gnucleus.

    The "developers" of Morpheus are not people who deserve your loyalty or concern. My advice to everyone is to immediately delete Morpheus and and install Gnucleus. It's the same program but without the advertising and popups. And by doing so you'll be showing a little respect to the people who actually wrote the program, rather than the pieces of shit who renamed it and are attempting to pass it off as their own.

    1. Re:Delete Morpheus, install Gnucleus by Anonymous Coward · · Score: 0

      Lying arse! You can't "rip off" open source software when you're abiding the by the f'ing licensing!!!

    2. Re:Delete Morpheus, install Gnucleus by Anonymous Coward · · Score: 0

      You can't steal open source, then make it closed source, which is what the SLIMEBAGS at Morpheus have done. Get with the program, l4m0r.

    3. Re:Delete Morpheus, install Gnucleus by inerte · · Score: 4, Informative

      Other than not contacting John Marshall (or Swabby, main Gnucleus developer), what evil have they done? They do provide the source code, and when installing the new Preview Edition, even the GPL itself is presented.

      I think they were suddenly disconnected from Fastrack and had to move so fast to not lose their userbase base of millions, that quick, but sadly, badly done, actions had to be taken.

      Give them another week to clarify things, first for them, later for the community. I can only imagine the big mess that's currently happening on Morpheus offices... I don't think that bashing will help now.

    4. Re:Delete Morpheus, install Gnucleus by joe52 · · Score: 1

      I agree that it isn't really ripping off, but why would anyone want to run the Mopheus version of Gnucleus? Until they add some new functionality (beyond the ability to show their ads), why should I run their client.

      I know that the simple answer is that they are better known than gnucleus. Morpheus users will simply download their version to have something that (kind of) works without realizing that they could have the same thing without Morpheus' ads for free.

      -joe

    5. Re:Delete Morpheus, install Gnucleus by martissimo · · Score: 1

      They did not even contact the developers of Gnucleus before they ripped off their software

      Uhhh they used a piece of open source software, they also added a link to the source code to their website very quickly. I agree that if i want to use the Gnucleus client it is better to choose the version without Morpheous' ads. But i really dont see how they did anything wrong by using it.

    6. Re:Delete Morpheus, install Gnucleus by lifey · · Score: 3, Insightful

      Aparently, for all the ./ people that are such OSS and GPL advocates, that you don't seem to understand that they aren't STEALING anything. They took the open source code, modified it for their needs, relabeled it, and distributed it WITH the source code.

      Now granted, Gnucleus might be 'better' software, depending on your point of view. I think it was a great idea for a company that had to make due in a pinch. If the developers don't like it, don't give away the source. Go to work at M$ or some other 'evil' corporate software maker.

    7. Re:Delete Morpheus, install Gnucleus by rufo · · Score: 5, Informative

      Damn my mod points to hell, I've got to respond here. By putting their client in the GPL, anyone can take their software and make changes to it, as long as the source is posted, right?

      This means a company like Morpheus can do *exactly* what they're doing right now: take a GPL client, re-brand it, and post it up on the web. They have the source there on their page. They are not breaking any rules at all. They don't have to notify the Gnucleus people. They don't have to keep it ad-free. They can add spy-ware to the installer if they choose (although Morpheus has a no-spyware policy). By putting your software in the GPL, you run the risk of somebody doing this.

      Now, I'm not saying that it doesn't suck for the Gnucleus people. I'd be ticked off too if somebody did that to me. I'm just saying that quite technically, there's nothing wrong here.

      --
      My English teacher once told me that two positives don't make a negative. Two words for her: Yeah, right.
    8. Re:Delete Morpheus, install Gnucleus by /dev/trash · · Score: 1
      They did not even contact the developers of Gnucleus before they ripped off their software. And they ban anyone from the Music City chat room who even mentions the existence of Gnucleus.

      Where does it say that they have to contact the developers? Hell I download all kinds of open source software and I have yet to tell them that I have it, and have changed it.

    9. Re:Delete Morpheus, install Gnucleus by Rogerborg · · Score: 5, Insightful
      • They did not even contact the developers of Gnucleus before they ripped off their software

      OK, deep breaths. They are 100% compliant with the GPL license, as I think the reporting debacle on here showed. Do we say that every commercial X/GNU/Linux distro "rips off" Linus, and GNU and KDE/Gnome and a whole load of other developers? No, we say that they promote them, bring them to a wider audience, support and develop them, and contribute their revenues back to the whole.

      So let's give Morpheus enough rope to hang themselves. If they spend their ad money developing the client, and if they keep releasing source, and if they don't bring an assload of hurt to the whole project, then they'll be providing the same service as a commercial linux distro.

      Do I think that'll happen? No, based on their past behaviour, I think they'll fork off a version that will refuse to serve content to other Gnutella clients while still leeching from them, flat out refuse to release the source, and bring the Men In Black to the party. But let's give them a little time to prove their guilt please.

      --
      If you were blocking sigs, you wouldn't have to read this.
    10. Re:Delete Morpheus, install Gnucleus by Anonymous Coward · · Score: 0
    11. Re:Delete Morpheus, install Gnucleus by cduffy · · Score: 1

      I still don't see how that makes them sleazebags or "pieces of shit". Yes, the users are using their ad-enabled version -- but they get the source, and there's no reason they can't use a version without ads... so what's the problem here?

    12. Re:Delete Morpheus, install Gnucleus by Telastyn · · Score: 2

      Wait. I'd assume with a name like gnucleus that they use the GPL, and thus will require derived works to include the GPL, along with source code. I'll also assume Morpheus does not, and is thus *not* "abiding the by the f'ing licensing!!!"

    13. Re:Delete Morpheus, install Gnucleus by Lumpy · · Score: 1

      I have always had a "feeling" about Morpheus. it felt slimy compared to Gnutella or Napster (open nap rules!) If they did do this we really need to see if the FSF would be willing to help with the court fight. hell, Gnucleus developers.. start a defense fund.. I'll donate $20.00 right here right now, I would hope that at least 10% of Slashdot would do the same.

      is there any way to verify that they did steal it? any easter eggs in gnucleus that can be activated in the Morpheus client?

      --
      Do not look at laser with remaining good eye.
    14. Re:Delete Morpheus, install Gnucleus by elefantstn · · Score: 2

      You'd be wrong to assume that, they do provide source. Someone else already posted a link in this thread.

      --
      If it ain't broke, you need more software.
    15. Re:Delete Morpheus, install Gnucleus by Lumpy · · Score: 2

      ACK, I see they are now abiding by the GPL.. so there's no beef.

      It's cool that they try to abide by the GPL from Gnucleus, it's how the GPL is supposed to work.

      --
      Do not look at laser with remaining good eye.
    16. Re:Delete Morpheus, install Gnucleus by mcrbids · · Score: 2

      Actually, the funny part of the GPL is that you don't even have to post the source anywhere - just make it available to the party(ies) you sell it to!

      Red Hat, Mandrake, Suse, and Morpheus are all being "nice guys" by making the source downloadable from their sites - there is NO REQUIREMENT that they do this.

      So, be thankful!

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    17. Re:Delete Morpheus, install Gnucleus by Anonymous Coward · · Score: 0

      moron. they post the source, exactly as the GPL requires. The GPL does NOT require that you tell the original authors what you're planning to do. Get a bloody clue!

    18. Re:Delete Morpheus, install Gnucleus by Jucius+Maximus · · Score: 1
      "No, based on their past behaviour, I think they'll fork off a version that will refuse to serve content to other Gnutella clients while still leeching from them, flat out refuse to release the source, and bring the Men In Black to the party."

      It's GPL. They have to release their own source, so the programmers of Limewire, etc will be able to have a morpheus emulation mode just like Opera has for MSIE. No big deal.

    19. Re:Delete Morpheus, install Gnucleus by RatFink100 · · Score: 2

      You assume all that - because it's quicker to assume than actually click on a link and check.

    20. Re:Delete Morpheus, install Gnucleus by Von+Rex · · Score: 2

      Oh? You've never been "ripped off" by someone but not had legal recourse because of brinksmanship with the fine print?

      "Ripping off" is a subjective term, but I still submit that this is exactly what the Morpheus team did to the Gnucleus team. They took their software, added nothing to it, actually made it worse, and are trying to pass it off as entirely their own work. They did not give proper credit. They did not contact the Gnucleus team. And they actually go to the lengths of banning anyone who brings up Gnucleus from their chat room, in a hamfisted attempt to suppress the truth.

      This may not fit the criteria of "ripping off" to you, but it does to me. And it certainly means I don't see the slightest reason to support Morpheus in any of their endeavors. They might not be quite as sleazy as Kazaa, but they're close.

    21. Re:Delete Morpheus, install Gnucleus by Von+Rex · · Score: 2

      There's two things that make them pieces of shit.

      1. They don't give credit to the developers of Gnucleus, who did ALL of the work for their new "version" of Morpheus. They added nothing to the program other than their own popup ads.

      2. They kick and ban anyone who mentions Gnucleus from their chat room. This is an active attempt to suppress the fact that they took the code from Gnucleus. It's ungrateful, it's tacky, and it's lame.

      I bring up these points because I'm angry about the disrespect shown to the Gnucleus developers and I'm tired of seeing Music City portrayed as a sympathetic company. They're slime.

    22. Re:Delete Morpheus, install Gnucleus by Von+Rex · · Score: 2

      There's ways to do these things. Mentioning somewhere prominent where you got the code would help. Not instructing your ops to ban anyone from their chat server who mentions Gnucleus would be even better.

      It seems pretty clear to me that the Morpheus team has no interest in giving proper credit to the Gnucleus team, that they actually want to do just the opposite -- silence anyone who mentions who wrote the actual code.

      It also seems clear to me that there's no reason to use Morpheus anymore. Why should you, when you can use Gnucleus and not have to put up with their ads and popups?

    23. Re:Delete Morpheus, install Gnucleus by dachshund · · Score: 1
      Actually, the funny part of the GPL is that you don't even have to post the source anywhere - just make it available to the party(ies) you sell it to!

      Red Hat, Mandrake, Suse, and Morpheus are all being "nice guys" by making the source downloadable from their sites - there is NO REQUIREMENT that they do this.

      If you don't proactively furnish the source code, you're required to do so, on request, to anyone who gets their hands on a copy of the executable (even if they receive it indirectly.) And you can't charge more for the service than the physical cost of distributing the code.

      If you think about it, that could end up being pretty expensive. Suppose somebody gets annoyed with your failure to make the code easily available, and decides to initiate a mass campaign to request copies of the source. Suddenly your company has 20,000 individual requests to honor. Yuck. And if you fail to systematically address the requests, you're in violation of the license.

      Most companies will gladly put the code up somewhere because it's much easier than worrying about such unexpected requests. If they don't do it right from the start, it probably only takes a handful of requests and gentle reminders of the license policy to encourage them to do so.

    24. Re:Delete Morpheus, install Gnucleus by Von+Rex · · Score: 2

      Sure. I agree that "quite technically", as long as they keep their available source current, what Morpheus did was legal. But I never accused them of breaking the GPL, as you and most everyone else in the thread seems to be focusing on.

      What I accused them of was being sleazy, deceptive, and utterly undeserving of the loyalty of the "community". In short, of being assholes. After all, there's all kinds of ways to screw someone over and do it legally.

      They took the work of someone else, wrote their name on it, and tried to pass it off as their own. They added nothing but spamware. They are actively hostile to the original developers, banning anyone from their server who even mentions their site. They deserve no one's sympathy or good wishes.

      If you want to use such software, go with Gnucleus. Go with the people who actually wrote the code and who aren't spamming you with ads.

    25. Re:Delete Morpheus, install Gnucleus by cduffy · · Score: 1

      If they don't credit the Gnucleus authors in their copyright notices and the sources, they're most certainly in (and deserving of) some variety of legal sh*t presuming that someone cares to take action on it. It's not a matter of being tacky, but a matter of being flat out in the wrong.

      Barring that, however, taking an OSS program and providing a derivitive work which may (among other things) show ads isn't inherently so wrong... the thing to make a legitimate fuss about is the lack of credit. (I suspect, btw, that it's their marketing department behind this sort of thing -- engineers tend to be too sensible to do such things. Heck, I know of one company whose marketing idiots are trying to avoid redistributing sources of GPLed software on the theory that the GPL requires that they "offer" sources -- but not necessarily that they fulfill that offer! I think everyone in the engineering department of said company -- including those who would walk if it were attempted -- hopes that they get laughed out of court if they try it).

    26. Re:Delete Morpheus, install Gnucleus by Anonymous Coward · · Score: 0

      Where in the GPL does it specify you have to send it to people who get your product indirectly? Doesn't it specifically state that the person doing the redistribution is also the one responsible for redistributing the source code? I'm pretty sure RedHat can't just tell people to go download from kernel.org.

    27. Re:Delete Morpheus, install Gnucleus by kz45 · · Score: 1

      They did not even contact the developers of Gnucleus before they ripped off their software. And they ban anyone from the Music City chat room who even mentions the existence of Gnucleus

      Why Should they?

      They offer the source for download (the URL escapes me).

      Open source is just that. Do as you wish, as long as you re-release your modifications.

    28. Re:Delete Morpheus, install Gnucleus by dachshund · · Score: 1
      Where in the GPL does it specify you have to send it to people who get your product indirectly? Doesn't it specifically state that the person doing the redistribution is also the one responsible for redistributing the source code? I'm pretty sure RedHat can't just tell people to go download from kernel.org.

      Read the license.

      You're allowed to point people to the upstream source, if: a) you're distributing for non-commercial reasons (Redhat and Morpheus don't apply, I would imagine)... and b) you haven't modified the code (presumably if you've modified the source, simply redirecting to the original, unmodified source would not be satisfactory... after all, the GPL requires you to distribute the source code to all your modifications.)

      But IANAL. If you find fault with this explanation, please don't be shy... I'll quote the relavant section of the GPL below:

      3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

      a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

      c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

    29. Re:Delete Morpheus, install Gnucleus by jakew · · Score: 1

      I'm just curious - is the GPL presented with an "I agree" button like EULAs? If so, does it operate correctly (ie. choosing I do not agree still allows you to install in accordance with the "You do not have to accept this licence" section of the GPL)?

      Just interested to see how closed-source companies adapt to an open source licence.

    30. Re:Delete Morpheus, install Gnucleus by mpe · · Score: 2

      They did not even contact the developers of Gnucleus before they ripped off their software.

      The GPL does not require such notification. Simply that if you distribute derived work of a GPL program you must provide the source. AFAIK they are making the source to their program available.

    31. Re:Delete Morpheus, install Gnucleus by No+One · · Score: 1

      Open source is just that. Do as you wish, as long as you re-release your modifications.

      Actually, that's GPL'd software. BSD/MIT/X/etc licenses, which do not require the release of modifications, are also Open Source.

      Contacting the developers of Gnucleus would have been courteous, but it's not required. Failure to give credit where credit is due, while not a GPL violation, is certainly unethical. And chatroom bannings are nothing but censorship.

      In short, while their behavior is neither illegal nor a GPL violation, it is unethical and should be condemned.

      --

      There is no sin except stupidity -- Oscar Wilde
  47. Speedy Resolution by crow_t_robot · · Score: 2, Funny

    Gee Whiz! I hope that all of this gets resolved before the new Britney Spears album comes out. What a predicament!

  48. Dutch? by Destoo · · Score: 1

    Is KaZaa still a Dutch company (according to the CNET article) if they are now in Australia?
    Or are they talking about a different kazaa?

    --
    Nouvelles de jeux et technologies en français. TC
    1. Re:Dutch? by LiENUS · · Score: 1

      kazaa was sold to an australian company... which is probably why all of a sudden they dumped morpheus when they hadnt been paying bills all along

  49. Gnucleus Responds to the Morpheus Bullshit by Anonymous Coward · · Score: 1, Interesting

    Morpheus
    Friday 03-02-2002

    I had a feeling this would happen, Morpheus was moving in the direction of gnutella and the only reasonable way of getting there quickly was by using established code. As long as they post their source code and credit us in the program I dont have a problem with this, give the GPL the props it deserves. I dont even know what to think, I wish they contacted me or any of the other gnutella developers or protocol maintainers before doing this.

    Gnucleus is a honest, well writen client. Please dont let this action by StreamCast tarnish your impression of us. We will continue as usual working on the next version of Gnucleus. Thanks for your support.


    gnucleus
    1. Re:Gnucleus Responds to the Morpheus Bullshit by Anonymous Coward · · Score: 0

      There is NO advertising clause in the GPL. This isn't the old BSD, and it's not stealing. What a bunch of whiners. If you don't like what people are doing with your sourcecode, release it under a different license.

  50. They control the authentication -- NOT the network by klieber · · Score: 5, Insightful

    Kazaa, et al DOES NOT have control over the network. The only thing they control is the authentication mechanism. Once you're authenticated, you have complete, unfettered access to the network and Kazaa has no control over what you do/don't share.

    With Napster, it was different since Napster *did* control what files were/weren't shared. With fast track, however, all they can control is whether or not you get on the network. So (and IANAL) as long as they can show that there are legitimate uses for the fast track network, I will be surprised if they get shut down.

    To liken it to the Betamax court case that everyone likes to toss around, Sony had control over whether or not you could buy a VCR, but once you owned that VCR, Sony had no control over what you could or couldn't record.

    --
    Gentoo Linux http://gentoo.org/
  51. Re:YOU sir, are WORSE than RMS by AssNose · · Score: 0

    May I suggest this site.

  52. No spyware by Anonymous Coward · · Score: 0

    There is a way to eliminate all of the spyware (even Cydoor) from Kazaa/Grokster and still have it run. I would love to tell you how, but I have a very pressing engagement for which I am late. You can find it on the Internet somewhere. Try Google.

  53. True P2P functionality by suckwhat · · Score: 1

    As everyone else has stated, KaZaa and Morpheus can't play nice together. I think everyone else is overlooking the fact that somewhere, there is a server that controls login traffic, and THAT is what the courts will nail Morpheus for. KaZaa has nothing to lose, even if it's their server. My $.02

    --
    -------------------------------------------
    Saving baby carrots around the globe.
  54. These Are the Saints to Whom You Shall Bow by Anonymous Coward · · Score: 0

    heaven

    Lots of thanks to everyone in this list, none of us get paid, we do it out of creating something for the greater good.

    Developers
    John Marshall - Gnucleus Author, from New Hampshire in the USA
    Jacques Exelrud - Created self saving statuses in the transfer window
    Thomas Hille - Working on the Plug-In System
    Darren - New Icon look-up system
    DA - Fixed some bugs in the transfer window
    Sascha Nitsch - Fixed a couple memory leaks
    Jerry Smith - Working on an internal web server
    Andrey Klinger - New search code and fixes to file lists
    Herve Le Breton - Oasis developer, plans to do some Gnucleus engine work
    Sven - Fixed refreshing of all the views in Gnucleus during resize
    Niderost B.U. - Revised CVS update instructions
    Arun V - Working on a version of gnucleus for U2 fans and had the cool idea of simplifying the connect screen

    Mark Dennehy (retired) - My C++ / MFC mentor in my first month of creating this project
    Aaron Putnam (retired) - Opened my eyes to the wonderful world of STL
    Scott Kirkwood (retired) - Lots of quality work, new list box classes and drive space info
    Nathan Brown (retired) - Protocol and grunt work in the beginning
    Justin Marrese (retired) - Hashing, hash, hash, hash

    Graphics / Web
    Gus - Created the cool new XP compatible icons
    Bernard Lee - Made the big logo over at SourceForge
    Derrich Hafemann - Did some graphics on this page and in Gnucleus
    Jared Tomlin - Web design support
    Roger Ryder - Working on getting some Gnucleus T-Shirts out!
    Shawn R. - Created the current gnucleus logo with the molecule looking effect

    Testers
    Felix Ordelheide - Runs a large private Gnucleus LAN over in Germany

  55. New Morpheus Sucks by Anonymous Coward · · Score: 0

    The new version of morpheus on the gnutella network is awful. After 2 hours of trying, i had not one successful download. You can't search by file type, bit rate, etc. Grokster's spyware can be "neutered" - follow instructions here.

  56. Mod parent up! by Anonymous Coward · · Score: 0

    Seriously, Mod this up! People need to know.

  57. Morpheus Sucks by Anonymous Coward · · Score: 1, Informative

    It's because Morpheus sucks. The client, which Morpheus STOLE, is wonderful. It's called Gnucleus. It's open source, free, and the future. Try it here.

    1. Re:Morpheus Sucks by wakeboard · · Score: 1

      The only reason I liked Morpheus is becouse my roommates can handle its simplicity and there is no spy ware. I let me roommates use my computers and they installed KAZAA and I ran a spy ware detection program and it's riddled with spy ware. I know there are some other clients out there but it kinda pisses me off that Kazaa shut them down. Maybe Kazaa doesn't like the fact that there program advertises the fact that it doesn't contain spy ware?

    2. Re:Morpheus Sucks by Anonymous Coward · · Score: 0

      Don't forget to check out Gnucleus.

  58. Delete Morpheus, install Gnucleus by Anonymous Coward · · Score: 0

    Morpheus SUCKS. Gnucleus totally deserves all of our support. Let KaZaa die, for all we care. Open Source is the future, and so is Gnucleus.

    Gnucleus 0wnz!

  59. smells a little fishy to me by Rackemup · · Score: 2
    I hate it when companies play these stupid little PR games, you never know what's really going on in the background.

    I do know one thing, Kazaa will NEVER be installed on my machine... spyware watching my internet activity PLUS the admitted ability to modify settings on a users machine at will? no thanks.

    The "new" morpheus may not be as easy to use as the original but at least Morpheus has never modified my registry settings on its own.

  60. Did u see kazaa web page after? by ZaneMcAuley · · Score: 2, Interesting

    They advertised "Morpheus users come on over" on the front page , but they took that down after a while.

    --
    ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
    1. Re:Did u see kazaa web page after? by frost22 · · Score: 1

      It is still there. Just checked.

      --
      ...and here I stand, with all my lore, poor fool, no wiser than before.
    2. Re:Did u see kazaa web page after? by ZaneMcAuley · · Score: 1

      Yeah i see it now, they moved it on the page. It was at the top, now its at the bottom. BTW, check out this picture, can u see what is wrong with it? http://www.revoh.org:1234/whatswrong

      --
      ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
    3. Re:Did u see kazaa web page after? by exodus2 · · Score: 1

      ok, your webpage scared the shit out of me. Its funny though.

      --
      .sigs suck, thus nothing here.
    4. Re:Did u see kazaa web page after? by rixster · · Score: 1

      Damnit I jumped too at the page. Did you think of the idea yourself ? If so, very clever.... I think we may start to see a number of these cropping up...

      --
      Two wrongs may not make a right, but three ....
    5. Re:Did u see kazaa web page after? by Anonymous Coward · · Score: 0

      Geez man, I couldn't stop shaking for 10 minutes after I gone to the page... I've seen one that's like this, but it was just an Animated Gif with a "Ghost" flying out from a door. It scared me, but nothing compared to this one, the yell really made a diffence, I still laugh with myself when I remember my reaction.

      I sent the url to some friends of mine, and one of them told me he almost fainted (serious).

  61. Cant help but notice... by ZaneMcAuley · · Score: 1

    Every P2P service claims to be unshutdownable then... Shutdown... oops, someones been lieing.

    --
    ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
  62. Isn't that the point? by digitalpeer · · Score: 3, Interesting

    Isn't this the point of open source? The ability to reuse code? To save yourself from reinventing the wheel? Or is there some big respect thing hidden behind the curtains that must be played out to the originators of the source code? This would seperate you from making "ripped off" software as opposed to.....

    1. Re:Isn't that the point? by Anonymous Coward · · Score: 0

      Depends; did Morpheus follow the GPL or not? There was a controversy over that, I don't remember how it worked out.

      The point of Open Source is to reuse code according to the terms of the license of that code. Simple use isn't the point at all.

    2. Re:Isn't that the point? by Anonymous Coward · · Score: 0
      ...is there some big respect thing hidden behind the curtains that must be played out...

      You mean like a blowjob or something? I wish! :)

  63. In the end, Morpheus wins by Anonymous Coward · · Score: 0

    #1) Morpheus had more traffic than Napster did at its height
    #2) Morpheus is an extremely popular name
    #3) Kazaa just made themselves the prime target of the RIAA/MPAA

    Basically.. Morpheus had some sort of contract with Kazaa. Morpheus was paying its monthly bills to Kazaa until they were big enough to part and survive on their own. So now Morpheus left, they maintained most of their audience, they still have their extremely widely popular brand name, they're saving themselves money from having to pay Kazaa any longer, and Kazaa will most likely be taken to court, while Morpheus is/should be a less attractive target now as far as RIAA/MPAA is concerned.

    Way to go Morpheus, you're still #1!

  64. Re:Eee Gads! I though it was non-shut-down-able... by jellybear · · Score: 2, Informative

    I use giFT. It's coming along nicely. Still a few snags now and then, but quite good. It's already better than gnutella, imho.

  65. You forget to mention Gnucleus in your expose' by Anonymous Coward · · Score: 0, Insightful



    You didn't once mention Gnucleus , the fine open source structure that Morpheus lifted to keep up there ad revenues.

    I bet $100 you work for Morpheus.

    1. Re:You forget to mention Gnucleus in your expose' by Lemmy+Caution · · Score: 1

      Why is this modded as insightful? If he works for Morpheus, why is the parent poster mocking them for complaining about getting cut off of a network they didn't pay to play on?

      I'll take that bet. Where's my hundred bucks?

  66. NO no no! by Anonymous Coward · · Score: 0

    FastTrack was upgraded to a newer version and Morpheus clients were the only clients affected by it (because there is no newer version!)

  67. It's not impossible... Just very costly. by dpilot · · Score: 2

    How costly is it, really?

    Besides, there's another approach. Plus they can just take a lawyer and go to ISPs and start talking about filtering incoming connections requests.

    At least cable providers don't like incoming connections at all, so they won't need much prodding. Especially once congress is done discarding the CLECS, the Baby Bells don't like DSL at all, so they may not take too much prodding. There go the high-bandwidth users, the ones people would prefer to download from. Next start going after the biggest dialup outfits, like Earthlink.

    The key point here is that it's not a battle the RIAA actually has to win. They just need to make the other side feel enough pain and inconvenience. I'm sure that p2p could be encapsulated and run over UDP, http, ICMP, or what have you. The point here is that it's getting slower and more difficult to run. Plus as it gets slower, and the border filtering gets more annoying, some number of people will just give up.

    They really don't have to completely eliminate filesharing, just drop it to some level below their attention span, and that is possible, and I honestly don't know what the cost is. I also fear that the higher the cost, the more WE pay.

    --
    The living have better things to do than to continue hating the dead.
  68. Will Morpheus switch to openFT? by Mr.+Neutron · · Score: 2
    It's nice to see Morpheus switch to a completely open source network, but Gnutella? With all its noisiness and scaling problems? If they could have switched its users over to openFT, it would have been the first completely open, decentralized, and scalable P2P network to gain wide usage.

    A shame, really.

    --
    dinner: it's what's for beer
    1. Re:Will Morpheus switch to openFT? by uchian · · Score: 3, Interesting

      The problem with peer 2 peer networks is that they are only as useful as the content shared on them.

      And the content shared depends upon the number iof people using the service.

      It makes sense for Morpheus to switch to a P2P which has a known audience, so that they don't have to start "from scratch"

      I would like to hazard aguess that the gnutella network is slowly but surely becoming more mature, and more capable of handling large loads, with the addiiion of ultra peers or whatever they are called in Limewire, In other words, the mathematical arguments againsy the gnutella network are being worked around, instead of being ignored.

      At the moment, I do not believe that Gnutella is the best network out there. However, it does seem to be the only one that is actually advancing with new features.

  69. I am thru with it, and you should be too... by sluggie · · Score: 5, Insightful

    Face it people, name it Morpheus, name it Kazaa, name it something else.

    What shuts such network down?
    It's the money, always.

    Who is pissed off in the end?
    The user, always.

    So, what is the solution to all this?
    Gnutella, always.

    I know, my post sounds something like a troll, but please, think about it.
    Let's all migrate to gnutella, fire up you favourite client and let's start sharing.
    We will se how gnutella scales, how it evolves. I think if we all pull over to the only true p2p architecture, we will shut out the MPAA the RIAA and all other stuff that bothers us.

    Yes, maybe people with 56k modems won't be very happy with this. But to speak in the words of a modern time, the collateral damage is everywhere.
    And as time goes on, everybody is going to be on a better connection.

    So, let's shape up, put your middle finger in the air and use gnutella...

    Just my 0.02

  70. Re:They control the authentication -- NOT the netw by inerte · · Score: 1

    You say Napster did control what people shared? Based on what, they could filter the search queries?

    Well, I think Kazaa can too. Even if the query is not routed thru a central server, Kazaa's client could download from time to time a compressed file with information about what files cannot be shared.

    It can be done, same argument that the "justice" used to stop Napster. But instead of filtering on the central server, you are going to filter on a client-basis.

    Not trying to give anyone (ahem, RIAA) ideas, but I think we should be prepared for Kazaa's shutdown, really soon.

  71. read the fucking article by posmon · · Score: 0, Offtopic

    VA Software yesterday admitted to everybody that it was behind the shutout of linux from the maintstream market. Their reason? The company didn't pay its bills. Still, there has to be more to it than that for everyone with an ounce of fucking sense to cut them off so quickly and unexpectedly, especially since an operating system's power lies in the size of its userbase. There is some weird homosexual play going on here that can only be damaging to both sides of RMS's anus in the upcoming fucksession with the RIAA and MPAA in California.

    --

    update comments set karma=-1, reason='offtopic' where sid=26315

    1. Re:read the fucking article by Anonymous Coward · · Score: 0

      This got modded as 1? Moderators on crack today..

    2. Re:read the fucking article by posmon · · Score: 0, Troll

      clearly, too much porn has made you go blind.

      --

      update comments set karma=-1, reason='offtopic' where sid=26315

  72. Not Quite by FallLine · · Score: 2

    Sorry, while technically accurate, it's unrealistic and unfeasible. The problem is that you presume that all the industry can do is merely shut down the daemon, there by allowing others to merely popup in its place. But this is not the case here. All the copyright holders have to do is use their influence more effectively to penalize the people that are sharing the files. The penalty need not be legal at its head (as opposed to its legal origin) to be effective. For instance, if the company strikes up an explicit or implicit deal with the cable modem and DSL companies to shut off the internet access of any individual found sharing pirated material for, say, 1 to 2 months. This would be plenty to deter those people and it would be quite simple to impliment.

    What you must remember is that these filesharing services do not offer the sharer anything and, even without any sort of meaningful enforcement today, have significant drawbacks (e.g., lost resources, bandwidth, etc). In other words, the costs exceed the benefits somewhat. This is why we have the so-called "Tragedy of the commons" today on most file sharing services. The leaches far outnumber the sharers. Now when we toss a large helping of risk in there, you'll see this cost vs benefit ratio change significantly for the worse and a mass exodus of sharers. The industry need not be able to reach every last one of them--just enough to raise the level of risk to a sufficiently high level. Nor does every last individual need to change his habits, the combination of the excessive demand and the potential for additional measures (legal, political, and otherwise) is more than sufficient to bring the service to an effective halt.

    1. Re:Not Quite by Graspee_Leemoor · · Score: 1

      I understand what you are saying, but given that the port used by an edonkey server is configurable how could they tell that it was a file-sharing app?

      I know, I know, the *perception* of risk could be enough to stop people from sharing, hence fewer files, hence less interest.

      But, remember that if certain ISPs start to "get in bed" with the various studios and "content providers" and have draconian rules about file-sharing (and let's not forget that they pretty much all say you can be cut-off for illegal activites, including warezing stuff) then there will be competition among ISPs and people will flock to other providers who aren't in league with. And yes, I know quite a few people don't have a choice if they want broadband, but also a lot of people are free to vote with their wallets.

      As to the people not sharing stuff problem- you're going to have that whether it's super-illegal (as opposed to merely illegal ordinary!) or not; I'm sure that some new file-sharing network will spring up some day soon that forces you to share (and does check). That service would grow sharply in popularity because there would be more files available. Even now, in edonkey (which shares files even as you are downloading them), I see new files are much more available than older ones, either because people aren't sharing any folder other than their "incoming" one, or because they don't have the space and so are archiving stuff onto cd once it's finished.

      Thanks for a thought-provoking post, FallLine.

      graspee (in friendly mode)

    2. Re:Not Quite by FallLine · · Score: 2
      But, remember that if certain ISPs start to "get in bed" with the various studios and "content providers" and have draconian rules about file-sharing (and let's not forget that they pretty much all say you can be cut-off for illegal activites, including warezing stuff) then there will be competition among ISPs and people will flock to other providers who aren't in league with. And yes, I know quite a few people don't have a choice if they want broadband, but also a lot of people are free to vote with their wallets.
      I disagree. The users that have pro-copyright ISPs would have no direct (and organic) incentive to switch. They could leach every bit as well with the pro-copyright ISP (that's using the idea that I propose) as they could with the "free" ISP. Now maybe in theory, if a significant portion of the users could agree to switch, they might improve their collective lot (by way of creating more publically available pirated material), but this takes us back to the same problem of the tragedy of the commons. In other words, unless the individual is somehow compelled to switch and share in order to enjoy others' fruits, it simply won't work. Every individual that does switch, given human nature, will not enjoy any fruits for switching and will likely have to spend time, energy, and money switching (and possibly get a lower quality ISP in the process).

      If so few users share today given the cost v benefit, then why should we believe even a fraction of those will switch when we just substantially increase the cost (through risk and/or loss of service) and do nothing substantial (in all likelyhood) to increase their benefit? Furthermore, any ISP that recieves these prolifigate pirating users en masse will simply not make any money on them. That ISP simply cannot sustain themselves on those users (the bandwidth costs and the potential legal costs); either the ISP raises the price (a further disincentive) or loses money for each additional pirate they allow (as individuals or systematically).

      I would also assert that the ISPs choice is not Draconian. The ISPs are just effectively penalizing pirates that choose to violate the law [now, of course, those users that pirate the most also tend to be the most attached to their internet connection(s)], the same law that could be used to apply much stricter penalties in a court of law. The main stream public is unlikely to feel much empathy for these guys, especially when they go to such ends (e.g., switching ISPs, hiding, ignoring multiple warnings, etc) to further piracy. It would be one thing if we're talking about some kid hopping on some "magic-like" P2P program for the first time, downloading some warez program for his class, and being prosecuted for it, but this is most emphatically not the case here.

      I would further add that these prolific pirates are more likely to switch to more insular means (networks) to provide them with greater benefits (e.g., more proportion recognition by equals rather than anonymous "lamers") and less risk while simultaneously locking out the overwhelming majority. People that go to these ends (and have the technical and intellectual prowess to keep at it) are unlikely to be that dettered as a group, but as long as they keep their goods to themselves, they are not a significant factor to the industry and can be safely written off.

      As to the people not sharing stuff problem- you're going to have that whether it's super-illegal (as opposed to merely illegal ordinary!) or not; I'm sure that some new file-sharing network will spring up some day soon that forces you to share (and does check). That service would grow sharply in popularity because there would be more files available. Even now, in edonkey (which shares files even as you are downloading them), I see new files are much more available than older ones, either because people aren't sharing any folder other than their "incoming" one, or because they don't have the space and so are archiving stuff onto cd once it's finished.
      Well mandatory sharing that can't or, rather, wouldn't be circumvented might certainly change things, but that's awefully hard to manage in truely decentralized environment without mandating an inefficient and annoying quid pro quo system. I won't say impossible, but the technical hurdles are huge and even then I'd think those more committed and prolific users would just switch to or stay with the lower tech more insular networks of trust amongst like users (e.g., IRC users truely sharing amongst each other).

      The change in tactic that I describe may seem a subtle difference than the scenario that most people envision, but I believe that it would be highly effective, just as Napster was highly effective. Napster was highly effective because it made the act of searching and leaching simple and efficient from an individual AND network point of view. Well these acts would largely restore the balance to the point prior to Napster by making any sort of efficient system unfeasible in light of human nature, probable technology limitations, and legal/political/commercial influence. Thanks
    3. Re:Not Quite by Graspee_Leemoor · · Score: 1

      I still don't fully understand, because you say "They could leach every bit as well with the
      pro-copyright ISP ... as they could with the "free" ISP".

      You seem to sidestep (no offence) my point about how ISPs would detect the pirates. Would they not
      just as surely detect people leeching files as they would those down and uploading? After all,
      both ARE transferring large, copyrighted files. It may be worse in the eyes of both the law and
      the copyright holders to share that material with others but the fact remains that both are
      breaking the law.

      (I just thought of this). Was it that you were referring to my edonkey description, where there are servers entirely separate from the clients as
      opposed to the clients acting as mini-servers?

      graspee

    4. Re:Not Quite by FallLine · · Score: 2

      What I suggest, as an example, is that the industry, or agents of them, regularly search for their material using the publically acessible interfaces and report any open fileshares containing their material to the offenders' ISPs [This is by no means the only way, but it would be the first way]. This task could be automated quite effectively (and confirmed by humans if need be). It is legal and it respects even the rights of those that are just leaching. In short, it's quite a viable avenue and it would be highly effective.

      The relative illegality of uploading versus downloading is besides the point. The uploaders are the critical link and are far fewer in numbers. Given the lack of incentive and lack of risk, as I've described, they would rapidly diminish as more and more of their comrades lose their connectivity [and/or potentially face criminal or civil lawsuits at the higher end of the food chain] due to their habits. Attacking the downloaders, would be much trickier, as they are large in number and have significant incentive to take those kinds of risks themselves. In short, the leachers would be asking the file sharing/uploaders to play Russian Rullette, i.e., to a take a bullet for a complete stranger. Put differently, the industry need only pray on human nature, not every last human.

    5. Re:Not Quite by Graspee_Leemoor · · Score: 1

      Thank you, I understand now.

      graspee

  73. Fasttrack in courts allready by martissimo · · Score: 1

    From Wired, a judge has refused to dismiss the case against Streamcast,Kazaa, and Grokster...looks like Morpheous got out just in time. Kazaa probably did them a big favor by sending em to Gnutella (and further weakened Kazaa's own case in this lawsuit to boot)

    Jury to Hear File-Trading Case

  74. My favourite pet theory by frost22 · · Score: 3, Interesting

    I think we all are watching a grandiose play.

    Essentially, the IP faction has already bought out KaZaa, under one condition: that they first kill off Morpheus. Witness the obscure and unexplained sellout of Kazaa to a mysterious foreign company nobody really knows. Witness the sequence of events. Witness the actions of Kazaa completely damaging Kazaas own legal standing, while only beeing of limited use to them.

    The Kazaa founders probably got enough money and a promise not to get sued personally for pulling of this stunt.

    This just has waaay too much "random" events to be normal.

    --
    ...and here I stand, with all my lore, poor fool, no wiser than before.
  75. Re:They control the authentication -- NOT the netw by Rogerborg · · Score: 1
    • Kazaa, et al DOES NOT have control over the network. The only thing they control is the authentication mechanism. Once you're authenticated, you have complete, unfettered access to the network and Kazaa has no control over what you do/don't share.

    You're right that it's not like Napster, but it's not like Sony either. Remember, judges have an eye on the supremes, and they know which way the government and their paymasters in the MPAA/RIAA want them to go. All a court has to do is to push the Napster ruling a little further and ask why, if Kazaa has servers, they can't monitor the transfers.

    And when it comes down to it, there's no reason other habit. That works for incumbent telcos and ISP's, but Kazaa is new to the party, and the rules haven't been set in stone yet. This one could easily go either way, but I fully believe that Kazaa are boned.

    --
    If you were blocking sigs, you wouldn't have to read this.
  76. Fair use is not a black and white issue by klieber · · Score: 4, Interesting
    No it damn well isn't. If I hear one more Slashdotter claim that personal/friends/family copies are "fair use", I will quite seriously bust a gut.

    It may not be fair use, but it may also not be copyright infringement. In fact, it's a grey area. According to ChillingEffect.org, deciding whether something is fair use or not involves (among other things):

    the effect of the use upon the potential market for or value of the copyrighted work
    So it could be argued that limited copying for personal use provides negligible impact on the overall market, and is therefore fair use. It could also be argued the other way, but it's certainly not as black and white as you make it seem.

    And if it is copyright infringement, the owner of the copyright may not be entitled to any remuneration:

    http://www4.law.cornell.edu/uscode/17/504.html

    A reasonable discussion of Fair Use, with considerably more thought and insight than the parent post is available here:

    http://www.arl.org/scomm/copyright/uses.html

    --
    Gentoo Linux http://gentoo.org/
    1. Re:Fair use is not a black and white issue by exodus2 · · Score: 1

      According to your links the paragraph below states that an owner of the copyright can choose statutory damages and get a min of 750 from any person who is involved, you are disproving your own claim that a user wont pay a fine for infringing

      (c) Statutory Damages. -
      (1)
      Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

      --
      .sigs suck, thus nothing here.
    2. Re:Fair use is not a black and white issue by klieber · · Score: 2

      you are disproving your own claim that a user wont pay a fine for infringing

      No, actually you're manipulating what I originally said. I said a user may not have to remunerate the copyright holder. I never said they will not. If you read the section you cited again, you'll notice that statuatory damages are a choice that the copyright owner may select, but he may also choose actual damages and profits, which are then left up to the court to decide. (and they could decide it was $0)

      Again, the overriding point of my original post is that this whole thing is a grey area. This just serves to reaffirm that fact.

      --
      Gentoo Linux http://gentoo.org/
    3. Re:Fair use is not a black and white issue by Rogerborg · · Score: 5, Informative
      [personal/friends/family copies] may not be fair use, but it may also not be copyright infringement. In fact, it's a grey area

      It absolutely is not, and none of your references even suggest otherwise. I'll just assert that flat out, because I doubt that most readers will bother reading either of our references, and it bothers me to see this fantasy reenforced here yet again, because it gives a false sense of security, that our personal activities are protected and sacrosanct.

      • So it could be argued that limited copying for personal use provides negligible impact on the overall market, and is therefore fair use

      Look, I'll spell it out again, shall I? There is no clause in fair use, there never has been one, that allows fair use for anything other than: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching. To qualify for consideration under the fair use defence, your use must fall into these categories. You don't even get to argue the "negligible impact" until you've shown that you qualify. There is no case zero. There is no case six. Personal/friends/family use is not one of the five cases.

      • A reasonable discussion of Fair Use, with considerably more thought and insight than the parent post is available here

      Betting nobody would read it, huh? This is a very brief document that deals with protection of existing library fair use, which is firmly in the realm of "scholarship and research" and/or "teaching". But enough from me, let's quote verbatim from your reference, with no editing:

      • "The fair use provision of the Copyright Act allows reproduction and other uses of copyrighted works under certain conditions for purposes such as criticism, comment, news reporting, teaching(including multiple copies for classroom use), scholarship or research. Additional provisions of the law allow uses specifically permitted by Congress to further educational and library activities"

      OK, thanks for making my point. No mention of personal use. Personal use, friends and family copies, this is fiction, not fact.

      If you're going to argue legalities, you have to learn to quote case law. I'm going to help you out a bit by posting a synopsis of the Supreme Court decision in Sony v. Universal Studios 464 U.S. 417 (1984), a.k.a. "the Betamax case" aka the "Sony Decision" judgement. Note that it contradicts my black and white stance a little, but note also that it qualifies that very carefully, and that it references earlier case law:

      • "The respondents and Sony both conducted surveys of the way the Betamax machine was used by several hundred owners during a sample period in 1978. Although there were some differences in the surveys, they both showed that the primary use of the machine for most owners was "time-shifting" -- the practice of recording a program to view it once at a later time, and thereafter erasing it. [...] The District Court concluded that noncommercial home use recording of material broadcast over the public airwaves was a fair use of copyrighted works and did not constitute copyright infringement. It emphasized the fact that the material was broadcast free to the public at large, the noncommercial character of the use, and the private character of the activity conducted entirely within the home. Moreover, the court found that the purpose of this use served the public interest in increasing access to television programming, an interest that "is consistent with the First Amendment policy of providing the fullest possible access to information through the public airwaves. Columbia Broadcasting System, Inc. v. Democratic National Committee, 412 U.S. 94, 102." "

      OK, your turn. Find a case that extends the defence of a single and temporary copy, entirely within the home, to make it even remotely relevant to making permanent copies for the use of friends and family, or even for personal use. You can't, because no such source exists, no matter how hard you wish for it, and however hard you wish that future judgements are going to be based on the wish list of libraries, the fact is that future judgements will be based on past judgements. Find the case law that supports making permanent copies of non-broadcast material for yourself, or for friends or family.

      Incidentally, this is very much On Topic. If it comes to the crunch, Gnutella - rather Gnutella developers - are just as boned as Kazaa, because neither of them can (I contend) show that they even qualify for consideration for fair use protection. The financial argument is irrelevant, because they won't be able to show grounds for even making it.

      --
      If you were blocking sigs, you wouldn't have to read this.
    4. Re:Fair use is not a black and white issue by bort13 · · Score: 1
      US code Title 17, Chapter 1, Section 107

      Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as [emphasis mine] criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -
      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
      (2) the nature of the copyrighted work;
      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

      Nowhere does it say fair use is exclusively for the conditions you lay out.

    5. Re:Fair use is not a black and white issue by klieber · · Score: 1
      Look -- I don't want this to turn into a pissing match. My original point was that Fair Use is not black and white, and I think you've proven that with your own post. As the case law you cited says:
      The District Court concluded that noncommercial home use recording of material broadcast over the public airwaves was a fair use of copyrighted works and did not constitute copyright infringement. It emphasized the fact that the material was broadcast free to the public at large, the noncommercial character of the use, and the private character of the activity conducted entirely within the home.
      So there *is* a fair use clause for home use, despite your original claims. That same argument could be extended to copying songs off of the radio, etc. A thinner, but still real argument could be made that since Song A is broadcast on the radio, it's OK to make a copy of the same Song A off the CD you purchased of it.

      I'm not claiming that anyone can copy anything for personal use and have it be considered "fair use" but I am claiming that it is a grey area. It's not as cut and dried as you'd have people believe.

      And no, I don't have case law to back it up -- if you have case law that shows copying a single song for personal use from a CD that you rightfully own is *illegal*, please post it and I will gladly accept your arguments. (and the same 1-5 instances of fair use that you've already posted won't cut it -- the Supreme Court Betamax decision doesn't fit neatly into one of those 5 categories, so obviously they're not all-inclusive)

      --
      Gentoo Linux http://gentoo.org/
    6. Re:Fair use is not a black and white issue by Cyberfox · · Score: 1
      Greetings,

      Uhhh... IIRC, this is handled under the AHRA (Audio Home Recording Act), partially under Title 17, Chapter 10, Subchapter D, section 1008. To wit:
      No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings.
      Seperately, I believe that Title 17, Chapter 1, Section 110, 5.a clearly suggests that home performance of a copyrighted work is not copyright infringement. (Reference: US Code) Because I'd have to append parts of this one together, I won't quote it here, because it would be not precisely the same wording, but do look at it, as it feels like one of the clearer statements.

      Similarly, albiet weaker, I think that a case could be made regarding home performance from Title 17, Chapter 1, Section 109, (c).
      Notwithstanding the provisions of section 106(5), the owner of a particular copy lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to display that copy publicly, either directly or by the projection of no more than one image at a time, to viewers present at the place where the copy is located.
      Anyhow, IANAL, obviously, and none of this is legal advice, but I'm relatively confident that home duplication for non-commercial use is supported. Fundamentally, it is impossible to provide any form of digital playback without internal copying (generally to a temporary buffer, followed by decode, true even with raw Redbook audio), and therefore a legalized copying mechanism is absolutely required for home devices.

      However, the question of media-shifting, and more importantly format-shifting (both partially addressed by my first reference), is a much more grey area, imho. My faulty memory provides some suggestion that non-commercial use of audio cassette recordings of owned legitimate copies was upheld, but I'm not sufficiently caselaw aware to find it. Furthermore, the precedent may have involved an acknowledgement of the generational loss involved, which would potentially invalidate it in the case of digital duplication. It needs more investigation by people with far better l3g4l skillz than I. ;)

      -- Cyberfox

      p.s. Absolutely none of this absolves individuals who are violating copyright by providing media-shifted copies of copyrighted audio to the general public. I can't, obviously, speak to the potential of contributory infringement on the part of Kazaa, Morpheus, or any of the Gnutella programs.
    7. Re:Fair use is not a black and white issue by dpotter · · Score: 5, Insightful
      Rogerborg takes a very complex issue and attempts to reduce it to a simple black-and-white statement. He defends this viewpoint in a strong tone, and is contemptuous of other viewpoints offered by slashdot readers.

      IANAL, so instead of arguing the point, I present this post as a list of expert opinions which contradict Rogerborg's position.

      Rogerborg: Look, I'll spell it out again, shall I? There is no clause in fair use, there never has been one, that allows fair use for anything other than: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching. To qualify for consideration under the fair use defence, your use must fall into these categories. You don't even get to argue the "negligible impact" until you've shown that you qualify. There is no case zero. There is no case six.
      According to the EFF, this list of fair use activities is "not to be construed as exclusive or limiting in any way."

      Current national security advisor Condoleezza Rice authored a paper on fair use in 1988, in which she states "The concept of fair use is necessarily somewhat vague when discussed in the abstract. Its application depends critically on the particular facts of the individual situation. Neither the case law nor the statutory law provides bright lines concerning which uses are fair and which are not."

      As mentioned in the previous post, the Sony vs. Universal City Studios Case contradicts Rogerborg's black-and-white interpretation of section 107, as it defines time-shifting television programs as fair use.

      Previous case law has held that the following are fair uses of copyrighted materials:

      Making personal backups of software.

      Time-shifting television programs.

      Format-shifting.

      Compilation creation ("mix tapes")

      Rebroadcasting radio in a business.

      In short, a wide body of experts seem to disagree with the viewpoint espoused by Rogerborg. I exhort you to consider this when reading his posts. I further ask that you consider that he was willing to defend his viewpoint so vehemently in spite of the contradictory expert viewpoints readily available.

    8. Re:Fair use is not a black and white issue by Anonymous Coward · · Score: 0

      You make some excellent points (on slashdot?), however, I think you are wrong on the last one. Gnutella developers do no have to claim fair use rights because they are not violating any copyrights. Nor do they monitor or control traffic from client software in any way. Thus, if they can show any substantial non infringing use (which they can), they are safe. Of course, individual users are still resopnsible for their activities, but the RIAA/MPAA does not want the bad PR of going after individual users, they saw what happened to metallica.

    9. Re:Fair use is not a black and white issue by mardoen · · Score: 1

      Previous case law has held that the following are fair uses of copyrighted materials:
      [...]
      Format-shifting.


      Would that mean that the downloading of MP3s is considered fair use for the purpose of transferring them to your MP3-player? (as long as you possess the original record of yourse.)

    10. Re:Fair use is not a black and white issue by RatFink100 · · Score: 2

      This is true bu still, most copyrighted material shared on something like Morpheus would probably fail both (3) and (4) because it's usually the entire work and it's available to millions.

    11. Re:Fair use is not a black and white issue by mpe · · Score: 2

      Time-shifting television programs.

      Wonder if this could be applied to getting hold of a copy of a broadcast programme you would not otherwise be able to see for some months even years... Effectivly a "time shift" in the opposite direction from the usual understanding.
      Or to otherwise subvert the attempts of broadcasting companies to partition up the market based on geography.

    12. Re:Fair use is not a black and white issue by Greg+W. · · Score: 2

      Wonder if this could be applied to getting hold of a copy of a broadcast programme you would not otherwise be able to see for some months even years...



      I doubt it, very strongly. If that were so, then I could just time-shift downloaded Ogg and MP3 files from the distant future where their copyright term has expired and they're public domain. "But, Your Honor, these phonorecords will enter the public domain in 2097, assuming no more retroactive copyright extension laws are passed in the next 95 years! So I just time-shifted it, and I downloaded it early!"

    13. Re:Fair use is not a black and white issue by kesuki · · Score: 2

      I know people who thing that by recording the FBI warning on the front of the cassete to a copy they made for a home library that they're 'obeying' copyright law.
      Well, you're not. But you're not commiting a Criminal offense of a copyright violation Unless:

      (a) Criminal Infringement. - Any person who infringes a copyright willfully either -
      (1) for purposes of commercial advantage or private financial gain, or
      (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

      Oh BTW if you're trading under $1,000 worth in a 180 day period with friends you met on the internet make sure that you keep the copyright notice on there because it's an extra $2,500 fine per copy for removing the FBI warning.

      It is copyright infringment the minute you start to copy that tape, but it's not a criminal act until you meet the threshold. This is a very important distinction, and if you are trading music or tapes I'd keep good books to ensure compliance with the law. Just a warning though, you can still be sued in civil court. But if it's not a criminal act you won't get any jail time for copyright infringment. Talk about a double standard too, a fraudulent claim of copyright infringment can only be fined $2,500. and that 'fine' would require a high burden of proof. Another downer to criminal copyright infringment is that the court can order all equipment used destroyed. That means by by PC if you're using it for Criminal Copyright infringment and get caught.

    14. Re:Fair use is not a black and white issue by Rogerborg · · Score: 2
      • defends this viewpoint in a strong tone, and is contemptuous of other viewpoints offered by slashdot readers

      Or, actually followed, read and dissected the references given. The references quoted in response actually contradicted the statements made, and basically supported my point. Sorry, but they did, and I couldn't let that bluff slip past unchallenged... just as you quite rightly challenge my assertions. On the other hand, I did feel so bad about being all fierce and nasty that I even helped the respondant out by torpedoing my own assertion with salient quotes from the Betamax Decision, which is what I was rather hoping someone else would do for me to demonstrate that this isn't just a forum for skimmers and ranters. Hey ho.

      • Previous case law has held that the following are fair uses of copyrighted materials:
        • Making personal backups of software.
        • Time-shifting television programs.
        • Format-shifting.
        • Compilation creation ("mix tapes")
        • Rebroadcasting radio in a business.

      Ok, I've read the reference (very interesting, thanks), and the only one that I see confirmed is time-shifting publically broadcast television for a single viewing, from the Betamax Decision, which I already mentioned. None of the other cases appear to deal with personal/friends/family use, nor with the uses you quote. Sorry if I'm being dense, but can you actually explain which cases you're referring to? Oh, and off the top of my head, don't you need a public performance license to rebroadcast radio in a workplace?

      I fess up, I'm being deliberately provocative. The very simple reason for that is that the DMCA and the nascent SSSCA make me deeply concerned for the future of P2P in specific and the whole concept of fair use in general. You must be aware that every time this issue rolls around, there's a flurry of posts about how personal non-for-profit use is fair, so neener neener Mr Government. I simply don't believe that is the case, and given the number of people that take what they read on Slashdot as gospel, I think that it's important to give an emphatic "No!" to that to balance the complacent "Yes!" posts.

      You'll notice that we both referenced the EFF. I'd point out their extremely inflamatory - and highly inaccurate - language about the Felten case: "Judge Denies Scientists' Free Speech Rights". You just know they wanted to add a slew of !!bangs!! there. Looking at the actual ruling, the judge dismissed the case because the case - as brought - was no longer there to be answered. The language of the EFF's initial releases clearly - and completely falsely - implied that the ruling was anti-constitutional, when their actual gripe was simply that the case was dismissed before it became a constitutional issue. They clearly feel that sometimes it's more important to keep it simple, stupid than to provide a balanced view. And sometimes I find myself agreeing with them.

      I'm also here to learn, and the first thing I learned on Slashdot is never trust anything. Don't trust what people say here. Don't trust them if they provide a plausible looking link. Follow the link, read the references, consider the sources, and verify them. Which is why I am questioning your (very interesting) link, and suggesting that you are - perhaps - making assumptions about what's in those cases. Feel free to let me know if I'm wrong, but be sure to quote the specific cases that support your fair use examples, because I'm not seeing them.

      Can we agree on this?

      • Judges are evolutionary, not revolutionary whenever possible.
      • Peer 2 Peer sharing involves making permanent format-shifted copies of non-broadcast material and distributing these permanent copies in a potentially large scale but non commercial way outside of the home.
      • There is no case law precedent for this situation, but there is for one that is a close evolution away from it. Specifically, for-profit copying and selling of content.

      Pure P2P (not a Napster/Kazaa client/server hybrid) is going to go to a judgement sooner or later. The defence will be that it's fair use. In all honesty, I do agree that any unbiased court will consider that defence rather than dismissing it out of hand, but - and again, please quote specific case examples if I'm wrong - I don't see the case law that even remotely supports that assertion. In fact, it's more likely that a court will start from the very close example of commercial piracy, and spot that the only material difference is the not-for-profit nature. Oh, except for Morpheus. They're for profit. So there's no difference that I can see.

      Or, in skimmer language: I'd expect P2P to be assumed guilty until proven innocent, and not the other way around.

      Got a reference to a case that's a small evolution away that indicates otherwise? I suspect not.

      --
      If you were blocking sigs, you wouldn't have to read this.
  77. Just buy some damn CDs already. by Pay+The+Fuck+Up! · · Score: 0

    People - so what if you can't get someone else's music? Just buy some CDs, or pay for some MP3s from emusic, or listen to some free-as-in-cheapskate shoutcast streams. TANSTAAFL.

  78. Didnt pay its bills? by L-Wave · · Score: 1

    haha, Sounds like my old roomate! (yea, im still bitter lol)

    --
    I SURVIVED THE GREAT SLASHDOT BLACKOUT OF 2002!
  79. Gnucleus by ZaneMcAuley · · Score: 1

    Can Gnucleus do other files appart from MP3s?
    It looks a nice simple clean client.

    --
    ----- Whats wrong with this picture? http://www.revoh.org:1234/whatswrong
  80. Re:They control the authentication -- NOT the netw by klieber · · Score: 2

    And when it comes down to it, there's no reason other habit.

    Huh? Habit? There are several technological reasons why Kazaa cannot monitor the network. Number one is the software isn't programmed to do that.

    OK, so you can change that, but then there's the issues of servers -- Kazaa doesn't have enough of them to implement monitoring on a global scale. That's one of the beauties of P2P networks is that the load is distributed across thousands of servers. (and yes, it's one of the drawbacks, too)

    Then finally, there's the issue of bandwidth, which isn't free. Currently, Kazaa, et al only have to maintain enough bandwidth to do a one-time authentication of their users. If they suddenly have to monitor each and every file that gets shared, you're talking about a massive amount of additional bandwidth that they'll have to procure (and pay for!!)

    Napster was ordered to filter files because they could, based on their current technology base. Sony was let off the hook because they couldn't. (gross oversimplification, but it's still applicable)

    Napster was certainly boned because they were a wholly-centralized network. Kazaa may be boned, because part of their network is centralized (though I don't think they will be). Gnutella is boned because they run into scalability problems with traffic spikes, but their network is *entirely* decentralized. It's only a matter of time before some innovative entrepenuer comes up with the right balance that will keep the courts off their back and still allow a scalable, free P2P file sharing network.

    --
    Gentoo Linux http://gentoo.org/
  81. Open Source anyone? by RatFink100 · · Score: 1, Redundant

    If it had been an Open Source client you would have had the ability to make sure there *are* no backdoors.

    Or to put it another way - if you want to be sure that the software you run doesn't change your settings only run open source software.

    1. Re:Open Source anyone? by mikecarrmikecarr · · Score: 1

      If it had been an Open Source client you would have had the ability to make sure there *are* no backdoors.

      But would you have checked for backdoors?

      Open Source does not guarantee security. Open Source does not guarantee that there are no backdoors. Someone still has to look at the code to establish those issues.

      Open Source only guarantees that you would have the ability to check for holes.

      --

      ID-10-T is a way of life

    2. Re:Open Source anyone? by RatFink100 · · Score: 2
      But would you have checked for backdoors?

      Probably not - it's too much work. I could pretend that's the reason I don't use these programs. In actual fact the reason I don't is that I don't need P2P.

      Open Source does not guarantee security. Open Source does not guarantee that there are no backdoors. Someone still has to look at the code to establish those issues.

      Open Source only guarantees that you would have the ability to check for holes.

      Which is kinda what I meant when I said "If it had been an Open Source client you would have had the ability to make sure there *are* no backdoors." [emphasis added]

      The point is that Open Source gives you another option. The option it gives you requires some work. But hey, Life's Tough!
    3. Re:Open Source anyone? by Jeremi · · Score: 2
      Open Source does not guarantee security.


      Of course not. Nor does it guarantee a full, happy life, great sex, or a mint on your pillow. It's still better than closed source, though.


      Open Source only guarantees that you would have the ability to check for holes.


      Yup. And given the ability to, someone probably will. And the more people that check, the more likely a hole will be found and fixed. Hence, a net benefit to me, even if I don't bother to check the source myself.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    4. Re:Open Source anyone? by kchoboter · · Score: 1

      If it had been an Open Source client you would have had the ability to make sure there *are* no backdoors.

      But would you have checked for backdoors?


      It think that just the possibility of people being able to check the code is enough to deter the programmers from putting in backdoors.

      --
      4B4556494E
    5. Re:Open Source anyone? by Anonymous Coward · · Score: 0

      (Un)Official Proposal For A New P2P Network Program

      Name: KantSueThis (KTS)

      Reasoning: The name was chosen as a neutral name that can not violate some other company's name (see AOL Vs. Aimster). It was also chosen because it is precisely what the RIAA can not do to it. As you read on you will understand.

      Licence: Perhaps it will be released under GPL, otherwise we the developers will generate our own licence. In all cases, the code is to be open source.

      Web Site: There will be no central web site, no central server and no center what-so-ever to this program. The whole point is to make this something that can not be attacked in the courts. That is, you can't attack what you can't see.

      Interest: If you are interested in assisting in the development of this program, please send an email to:
      KST@submail.net

      I don't know how well this will work, but the people who sent this to me seem to think that with hundreds of people working on an opensource P2P service, they will be able to develop a virtualy unstoppable service. Perhaps they will succede, I'm willing to try it.

    6. Re:Open Source anyone? by Andy.T.BOFH · · Score: 1

      The whole point is to make this something that can not be attacked in the courts. That is, you can't attack what you can't see.

      I understand that this may be seen as necessary, however, I cannot help but think that this is a workaround rather than a solution.

      People should perhaps try and change the way courts deal with P2P issues, rather than changing their methodes if implementing the P2P network.

      One thing I do have to grant though,If a network can survive the courts,then its pretty damn robust, and will find more applications.

      --
      01011001011011110111010101101101011101010111001101 1101000110001001100101011000100110111101110010011
  82. WTF? by Anonymous Coward · · Score: 0

    Is that a phony page? News.com.COM ?

    Seems fishy but maybe I'm just paranoid.

    1. Re:WTF? by carbon1 · · Score: 0

      Nope, it's a real page. Go the regular news.com, search for kazaa, and you'll get that link back.

  83. HOLY CRAP! by Anonymous Coward · · Score: 0

    OMG... RIAA has just released a press announcement about all P2P technologies. They have bought and paid for the original patent for Point to Point networking. Simultaenously they have announced the first step in a crusade against P2P file sharing, with the FBI and USSS leading the way by tapping into major internet ISP's and even backbones and doing traces on traffic to track down violators using the copyrighted software. Their combined might puts 260 agents in the field, along with another 1000 cooperating police officers from 15 cities.

    http://www.theregister.co.uk/content/archive/988 0. html

  84. Re:They control the authentication -- NOT the netw by elefantstn · · Score: 2

    I don't think that comparison is valid. It's like saying, well, Sony COULD come into your house and destroy any illegal tapes you made with their VCR, right? The point with Napster was that the indexing was taking place on servers they ran -- with FastTrack, the indexing is going on on individual users' machines.

    --
    If it ain't broke, you need more software.
  85. it just goes to show whats really important by rebelcool · · Score: 2

    It's not about being 'right' or 'wrong' or some kind of moral platitude. It's about whose ego is getting stroked.

    --

    -

  86. Re:They control the authentication -- NOT the netw by inerte · · Score: 1

    Even so, Kazaa still can manage to prevent this indexing of allowed files to be shared, by updating this block list from a server from time to time.

    It's technically possible.

  87. help from the reg by Dambiel · · Score: 2, Informative

    "As a result of MusicCity's breach, Kazaa BV did not provide version 1.5 to MusicCity. Kazaa has also terminated MusicCity's license." (from the cnet link)

    while TheRegister reports that the plug was pulled bc of attacks on the morpheus network:
    "It appears that the attacks included an encrypted message being repeatedly sent directly to your computers that changed registry settings in your computer," a statement by Griffin to users on the accelerated availability of Morpheus Preview Edition states.

  88. quick oops by Dambiel · · Score: 1

    "Confusingly, this had nothing to do with encrypted messages" (also the reg.)

    so i guess my take is:
    Confusingly there isn't conclusive evidence as to what actually happened

  89. Strategic Mistake? by Anonymous Coward · · Score: 0

    Why would KaZaA shutdown Morpheus, decreasing the number of people who use the FastTrack network and the amount of files available to *ALL* FastTrack clients. It doesn't make sense -- they're just shooting themselves in the foot.

    Also, in order to accomplish the DDoS attack they are admitting to having broken into several computers. By modifying the registry entries of user's PCs they are showing themselves to be untrustworthy (imagine what trojans lurk inside the KaZaA client....?)

    I actually hope the RIAA shuts KaZaA down. They're bad news all around.

  90. Orrin Hatch disagrees with you by abe+ferlman · · Score: 5, Funny

    You know, conservative Senator from Utah, former chairman of the Senate Judiciary Committee? I believe he even helped write the DMCA.

    Go look up Hilary Rosen's Senate testimony regarding Napster, and read the exchange between them. Orrin says basically "is it fair use if I make a copy for my wife to play in her car?" Rosen hems and haws, and Hatch says something to the effect of "It is."

    Now, sharing anonymously over a network is a whole different ball of wax, and that's what's got the RIAA and MPAA in a tizzy.

    --
    microsoftword.mp3 - it doesn't care that they're not words...
    1. Re:Orrin Hatch disagrees with you by Fjord · · Score: 2

      In that case it is clearly fair use, because a husband and wife have communal property. It is fair use to make copies of your copyrighted works you own to other media. This however is different than make a copy for a friend. The Audio Home Record Act says that's okay. It even say it's ok if it isn't a friend, as long as it is noncommercially.

      --
      -no broken link
    2. Re:Orrin Hatch disagrees with you by mpe · · Score: 2

      In that case it is clearly fair use, because a husband and wife have communal property.

      So does a corporation. But the RIAA/MPAA would probably get very upset a corporate entity attempted to use one copy of one of their works for their entire organisation.

    3. Re:Orrin Hatch disagrees with you by Anonymous Coward · · Score: 0

      But I bet they love paying the Microsoft tax on every terminal they use with a centralized NT server.

  91. Re:They control the authentication -- NOT the netw by elefantstn · · Score: 2

    Of course it's technically possible, the question is whether or not it's their responsibility. Their case is that because all the infringement taking place does so on other people's machines, it is not. Technical feasability isn't the question. In the case of Napster, they couldn't solve the problem technically, so they were forced to shut down until they could.

    --
    If it ain't broke, you need more software.
  92. Morpheous no spy what? by Anonymous Coward · · Score: 0

    Just for me, does anyone actually have any proof that Morpheous doesn't use spyware?

    Is the little .gif file on their website supposed to make me believe that absolutely no information was being sent without my knowledge?

    And before anyone says "but their source code is on the website dumbass" consider what it is you're saying - dumbass.

  93. Re:They control the authentication -- NOT the netw by asavage · · Score: 2, Interesting

    What they mean is KaZaa has shown that they are able to stop the network. In the dutch case they claimed that they were unable to stop users with the program from using it.

  94. Try your local record store by MushMouth · · Score: 1
    What ever happened to "I only use it for hard to find shit".


    Try your local record store, if you can't find it there, Amazon, CDNow, bn.com all have this disk.

  95. freenet anyone? by Pegasus · · Score: 1

    Just browse over to http://www.freenetproject.org and see what they offer. All this gnutella/kazaa/morpheous/whatever stuff is a thing of the past. Evenmore so when they start to fight like that.

  96. Re:They control the authentication -- NOT the netw by DennisZeMenace · · Score: 4, Interesting

    This is not true at all. They DO control the network precisely because they control the authentication. The only clients that are allowed to log on the network are the clients that license FastTrack's code, and they have full control over that code (see big fat agreement to license FastTrack's code).

    The proof: FastTrack doesn't allow people to share MP3's encoded above 128kbps. How ? Because the restriction is encoded in their library, which is used by the clients they control.

    GiFT is another example. All FastTrack had to do to shut down GiFT forever was to boost up its protocol version number and change the authentication mechanism. They definitely have control over their network, which is precisely why they'll loose the legal battle.

    My biggest hope, is that GiFT and OpenFT will eventually take over as a true Open-Source alternative to the FastTrack network: a completely decentralized 2-layered network which will become the true successor of Gnutella.

    DZM

  97. Pardon me while I try to stop laughing.. by swdunlop · · Score: 1

    Okay.. Company 1 licenses its peer to peer file trading software, catered to the distribution of media without concern for copyright, to Company 2, for a fee.

    Company 1 doesn't get paid by Company 2. The irony is just killing me, here. You mean, they distributed your valuable, copyrighted software, and used it, without paying you?

    Bwahahahahahahahahaha.

  98. Late to the party by SomeOtherGuy · · Score: 2

    Do either of these have Linux clients? Have not followed the p2p communitty much since Napster. Do not have windows machine at home..

    --
    (+1 Funny) only if I laugh out loud.
    1. Re:Late to the party by radja · · Score: 2

      morpheus (preview ed.) uses the gnutella network, for which there are several clients on different platforms. of the top of my head, limewire is available for linux, mac, and just about any other Java capable OS. You can get it at Limewire.com.

      //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
  99. Message from Kazaa to Morpheus - by shr3k · · Score: 1

    Morpheus - You shut down our connection!!

    Kazaa - Yeah? Well, what are _you_ going to do about it?

  100. Easy to find legitimate uses by Anonymous Coward · · Score: 0

    It's fairly easy to prove legitimate uses for Morpheus. So a for all the music that would have been public domain if it weren't for the Sony Bono copy protection act. It's likely that the copyright extention of existing works will be struck down, so music from the 1950s should be legitimate.

    Do a query now. There's *a lot* of it.

    This doesn't even get into the grey area of music *that you can't buy anywhere* because CDs are no longer sold, or artists that don't mind one way or another, or artists that *want* their work to have publicity over Morpheus because they have no other way to get people to know about them.

    As for the mob analogy, I'm sorry, but I don't know about any existing law that could prosecute the restaurant owner any more than they could prosecute the taxi cab driver that drove some of the gangsters to the restaurant.

  101. Legitimate uses by Anonymous Coward · · Score: 0
    It can easily be shown that most Kazaa traffic is copyrighted material. They need to use the Sony VCR defence that there are non-infringing uses and avoid falling into the Napster trap of admitting control over the network.

    People need to start using these networks to trade material legally. For example, put the source code to open source projects on P2P networks. Things like the Linux kernel, XFree86, KDE, etc. are fairly large downloads, and this would take a lot of load off of the mirror servers.

    It would be neat if you could run apt-get on a P2P network (falling back to the regular servers for files that are unavailable), downloading the md5sums from official servers to make sure nobody modifies the packages. At every university with multiple Debian users, you have a huge amount of wasted bandwidth, and P2P would help prevent that waste (if enough people used it legitimately, it could actually reduce the school's bandwidth costs, and admins might consider unbanning P2P apps). Unfortunately, I don't know of any P2P system smart enough to detect when peers are on the same LAN, and use them instead of internet peers (it would also be nice if they could detect Internet2 peers - that's a bit harder, but you can do it using the data from www.routeviews.org).

  102. "Such as" in US � law is *not* limitative by yerricde · · Score: 5, Informative

    There is no clause in fair use, there never has been one, that allows fair use for anything other than: (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching. To qualify for consideration under the fair use defence, your use must fall into these categories. You don't even get to argue the "negligible impact" until you've shown that you qualify. There is no case zero. There is no case six. Personal/friends/family use is not one of the five cases.

    Bull. You completely misinterpret the "such as" wording of the law. According to 17 USC 101, "The terms 'including' and 'such as' are illustrative and not limitative" (emphasis by yerricde). The fair use law (17 USC 107) opens by stating: "the fair use of a copyrighted work ... for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright" (emphasis by yerricde). Nowhere does it limit what may be considered as fair use. It then goes on to list the four factors that figure into a fair use defense. The judge in a fair use case must base her decision primarily (if not solely) on those factors. This non-limitation of fair use explains why the Sony v. Universal decision "contradicts [your] black and white stance a little."

    Additionally, your CBS v. DNC quote may pose an argument against encryption of non-subscription broadcast television.

    --
    Will I retire or break 10K?
    1. Re:"Such as" in US � law is *not* limitative by drik00 · · Score: 1
      you know, when this whole Napster thing blew up, i remember watching Billy Corgan (sp?) of the Smashing Pumpkins interviewed about what he thought, he replied something along the lines of:

      "I dont see why they are putting up all this work to shut down this little fire (Napster) when, as soon as they do, there will be a thousand more little fires spring up all over the place..."

      Did it ever occur to you gents that this is a revolution? In a world where court orders and lawyers control how businesses interact and manipulate each other, this is the revolution. Open source has been predicting something similar to this for a while. As information begins to flow more freely, and as communication becomes easier facilitated, the boundaries of the RL become less important. The RIAA/MPAA can throw as much money and technology at trying to protect their own greedy-ass interests, but when it comes down to it, the peasants WILL storm the palace and seize power. Some may get caught in the process, but there are too many of us to catch us all. It is a revolution worthy of examination and reflection. As so many have said before me, "Art wants to be free," notice it is only the greedy among us that argue that point. Any good musician/artist wants to get compensated for their work, but often times the only way to do that is to sign a big contract saying the recording company will get the huge chunk of the money. Most good artists make money off of their performances/touring/radio-play(royalties), and comparatively little off of record sales.

      Vive la revolution! (ok, so that was cheezy, but you get my drift.

      btw...lawyers on /.? I'll bet they're the 9% of the poll paying subscription fees :)

      /me goes back to my pipedream...

      --
      Beer, now there's a temporary solution -- Homer Jay S.
    2. Re:"Such as" in US � law is *not* limitative by mpe · · Score: 2

      You completely misinterpret the "such as" wording of the law. According to 17 USC 101 [cornell.edu], "The terms 'including' and 'such as' are illustrative and not limitative" (emphasis by yerricde).

      IIRC this kind of misunderstanding is the reason the people who wrote the US constitution deliberatly avoided enumerating examples...

  103. This is actually round two by DaCool42 · · Score: 1

    Although most people aren't aware of it, this is not the first time kazaa has done this. They implemented a new encrypted authentication system which shut out the giFT project (an opensource fasttrack node). The problem with this whole network is that it relies on kazaa's authentication server and, to the best of my knowledge, there are no working clients other than those liscensed by kazaa. Translation: RIAA goes after kazaa, network gone. Plus there's the whole spyware, etc thing. I would be interested in some more technical info as to exactly what kazaa did to shut down morpheus, if anyone out there knows. The article was pretty vague (as usual).

    --

    ----
    All of whose base are belong to the what-now?
  104. Control != Knowledge by Shagg · · Score: 3, Interesting
    I've seen a couple people stating so far that because Kazaa was able to shut down the Morpheus clients, this somehow means that they have set themselves up for a Napster-like ruling.


    It needs to be stressed that control of who gets on the network, and knowledge of what goes on inside the network, are two entirely different things. Napster's downfall was not that they had the ability to shut down the network, but that they knew people where trading copyrighted material, and they could also step in and limit what material people had access to inside the network. The Fasttrack network is an entirely different beast. Kazaa may be able to decide who gets in and who doesn't, but once a user is on the network they have no ability to directly monitor what material people are trading and have no ability to limit what people have access to.


    Kazaa is providing a network, but have no involvement with what users do inside the network. Napster lost their case because they did have an involvement with what happened inside the network.

    --
    Unix is user friendly, it's just selective about who its friends are.
    1. Re:Control != Knowledge by Spy4MS · · Score: 1

      Try searching for porn and see what kind of ads you get after that. They know. [blushing]

  105. Re:They control the authentication -- NOT the netw by CaptainSuperBoy · · Score: 2

    The proof: FastTrack doesn't allow people to share MP3's encoded above 128kbps. How ? Because the restriction is encoded in their library, which is used by the clients they control.

    Actually the restriction is in the registry, and it's simple to change. More importantly, the restriction isn't imposed by any other computer on the network - it's imposed by the software on your computer, not a central server. They could have their software to ignore files that begin with the letter b, but this is hardly control over the network.

  106. Re:They control the authentication -- NOT the netw by monkeydo · · Score: 2

    There are several technological reasons why Kazaa cannot monitor the network. Number one is the software isn't programmed to do that.

    That is an implematation problem not a techological one.

    Kazaa doesn't have enough [servers] to implement monitoring on a global scale.

    If they are forced to monitor they will need more servers. Surely there is not a technological problem with buying servers.

    Then finally, there's the issue of bandwidth, which isn't free.

    That is a financial problem. If you can't afford to do business legally you can't afford to do business.

    Napster was ordered to filter files because they could, based on their current technology base. Sony was let off the hook because they couldn't. (gross oversimplification, but it's still applicable)

    All of the "problems" you have cited are really "choices" that were made by the implementors for the explicit purpose of not being able filter files. The question I have for you is, does that make their case stronger or weaker?

    --
    Si vis pacem, para bellum
    The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
  107. In forced sharing, how do you get your first file? by yerricde · · Score: 1

    I'm sure that some new file-sharing network will spring up some day soon that forces you to share (and does check). That service would grow sharply in popularity because there would be more files available.

    But if you force users to share, you introduce an entry barrier. Assuming that you cannot download unless you are sharing at least one resource, how do you get that first resource?

    --
    Will I retire or break 10K?
  108. Re:They control the authentication -- NOT the netw by klieber · · Score: 2


    This is not true at all. They DO control the network precisely because they control the authentication. The only clients that are allowed to log on the network are the clients that license FastTrack's code, and they have full control over that code (see big fat agreement to license FastTrack's code).

    Actually, it is true. Kazaa controls *access* to the network. They do not control the network itself. They may be able to code their software to not allow any MP3s higher than 128kbps, but they cannot say, "Allow freemusic.mp3, but don't allow metallica_sucks.mp3" (I'm not saying this couldn't be added -- of course that's technically possible. However, it's not possible with the way the Fast Track network currently operates)

    Fast Track is like a giant road system and Kazaa is the toll booth. They can charge you to get on and they may even be able to impose a speed limit, but they can't control which roads you travel over and what turns you make.

    --
    Gentoo Linux http://gentoo.org/
  109. Re:They control the authentication -- NOT the netw by Anonymous Coward · · Score: 0

    I'd send you a coupon good for "one clue" but I don't think you'd be able to figure it out.

    The issue is whether the network can be controlled, not how precise that control is. If they can stop the network by refusing to authenticate clients, they can control it. On or off. That is control.

  110. This will backfire on KaZaA... by Anonymous Coward · · Score: 1, Insightful

    ...when they claim that the P2P technology that they use cannot be interrupted or stopped by legal means since it is decentralized, out of thier control, blah, blah, blah...

    MPAA/RIAA/whatever response - "you did it to Morpheus, now do it to yourselves"

    Bye bye KaZaA... nice knowin' ya!

  111. Re:They control the authentication -- NOT the netw by DennisZeMenace · · Score: 2

    You definitely have a point.

    What i meant was: if you control how people access the network, and if you control the tools that people have to use to access the network, that's awefully close to controlling the network.. :-)

    Technically, you don't have to go trough a FastTrack machine to download a file from another node (unlike Napster, which required a query to obtain the client IP address, IIRC).

    HOWEVER, if FastTrack decides it doesn't want people to download files called "metallica_sucks.mp3", they can do it! They can code the restriction in they library, and force people to upgrade to a new version of their client. I hope you see my point here. After all that's what they did to disable GiFT.

    You can of course hack the binary client (or registry entries) to lift some of the restrictions, but that's not for the average Joe user. In effect, the 128kbps restriction works, MP3s above 128 are extremely rare on the network (I've only seen it happen when the MP3 is encoded in VBR...).

    DZM

  112. Re:They control the authentication -- NOT the netw by Kallahar · · Score: 2

    I think what it implies is that Kazaa/FT has the *ability* to turn off their network. Even if they do not control what goes in or out, if they have the ability to forcibly remove everyone from the network then the judge won't let them use their "we don't have control" argument.

    Of course, they can always have their next auto-patch permanently disable the auto-patch feature, but I doubt they want to intentionaly lose control of their network.

  113. ouch by minus_273 · · Score: 2, Insightful

    Each company has contended that the networks are wholly decentralized, and that the companies could not exert any control over computer users' actions. But the failure of Morpheus' network appeared to indicate that at least one control point existed that would allow part of the network to be shut down. The RIAA reacted to this development quickly last week. "We have been saying all along that they control the system, and this proves it," RIAA Senior Vice President Matt Oppenheim said in a statement last week.

    looks like someone just shot themselves in the foot... napster all over again.. :-P

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
  114. Unfinished Downloads in Morpheus? by ebmedia · · Score: 1

    Don't delete that Morpheus folder just yet! Use this hack I thought up last night for my Invader Zim fan friend who has dialup...

    Download and install Grokster. If you really do have unfinished downloads from Morpheus, there will be files in My Shared Folder (from morpheus) with all of your MP3s, copies of Photoshop 6, and porn MPEGs, that look like this:

    kazaa78952048753245.dat

    (yes, kazaa.)

    Move those dat files into the new Grokster shared folder, and fire up Grokster. You SHOULD see those downloads continuing (in the grokster traffic window), but when they're done, they'll save themselves to their original location, c:\progra~1\morpheus\myshar~1\

    You know what I mean. Anyway, just copy those Invader Zim episodes and fake AdultCheck keygens into your grokster shared folder and don't be a dick about it, share with everyone else. And that's my hack to keep those fasttrack downloads going.

    1. Re:Unfinished Downloads in Morpheus? by Anonymous Coward · · Score: 0

      Move those dat files into the new Grokster shared folder, and fire up Grokster.

      You don't actually need to move any files, simply alter the "My Shared Folder" setting in Grokster.

  115. Re:Eee Gads! I though it was non-shut-down-able... by Evro · · Score: 2, Interesting

    You might want to point people at this thread for discussion on this very subject.

    --
    rooooar
  116. giFT by Anonymous Coward · · Score: 0

    With all of this talk going on about the Fast Track network why has giFT not been discussed? (http://gift.sourceforge.net). giFT is an open source implementation of a Fast Track like network. At the current time the program is in a rather rough state (it does work however) but the network is really small... usually around 80 people or so.

    Why don't we all start using giFT and show our support for the developers? If the open source community had a program that worked as well as KaZaA, had no spyware, and didn't rely on any type of authentication to get connected to the network then wouldn't the network be virtually unstopable?

    The reason I refuse to use the gnutella clients is because (at least when I last tried them) none worked nearly as well as KaZaA (or the other Fast Track clients).

    Would anyone be interested in helping these guys out? I have dropped them a few emails, but because of my relative inexperience I don't believe they want me. :(

    here is the url again http://gift.sourceforge.net

  117. Re:Just one small problem by Anonymous Coward · · Score: 0

    Seriously, Mod this up! People need to know.

  118. Re:They control the authentication -- NOT the netw by Anonymous Coward · · Score: 0

    This is no way like a VCR or other piece of hardware. They can, via their auth mechanismn, force people to upgrade to a new version.

    Fast Track demonstrated this so very nicely when gift managed to connect to the network. Everyone on the network upgraded to a new version within days.

    To shut down this network, all it requires, really, is that the auth servers refuse all clients. A court order could force them to do just that. Or a court could order them to make a new version that allow content control, and force them to deny any user that did not upgrade to this new version.

    Either way, the music industry gets what they want, and the network dies/gets controlled.

  119. I patched my Morpheus... by Anonymous Coward · · Score: 0

    Just replace a few version strings and you're back in business.

  120. WTO process is too slow by DABANSHEE · · Score: 2

    to keep up.

    Besides as far as the WTO is concerned, member countries are only required to have civil legislation concerning copyright infringements, not criminal legislation, just like patent law.

    This means (AFA the WTO is concerned) govts don't have to do anything but not get in the way if a copyright holder decides to sue a copyright infringer, by which time they have moved on.

    1. Re:WTO process is too slow by Fjord · · Score: 1

      For now. I realize that that sentance look like conspiracy lunacy, but just think about it. We have had but glimpse of what is to come.

      --
      -no broken link
  121. That's opensource in a nutshell by DABANSHEE · · Score: 2

    I'd say less than 1% of people who use opensource code add to it.

    1. Re:That's opensource in a nutshell by Von+Rex · · Score: 2

      But do those other 99% put their names on the code and release it as their own product, or do they just quietly use it for their own purposes without redistribution?

      And I bet most of those 99% wouldn't go so far out of the way to actively deny where the code came from as the Morpheus team seems to want to do.

  122. Shameless self-promotion by NaDrew · · Score: 1

    Not that I believe any /.-er worth his or her salt would need step-by-step instructions, but go HERE for a tutorial on installing Grokster sans spyware. I'm told the same procedure works for KaZaA but I haven't tried it.

    --
    Vista:XPSP2::ME:98SE
  123. no credit clause in the GPL by DABANSHEE · · Score: 2

    You're referring to the BSD license.

    1. Re:no credit clause in the GPL by cduffy · · Score: 2

      You're referring to the BSD license.

      No, I'm not. I quote: "...provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice..."

      A notice claiming ownership of someone else's code is certainly not appropriate.

    2. Re:no credit clause in the GPL by cduffy · · Score: 1

      I didn't say it was a license violation. I said it would be legal trouble. See the US code title 17 chapter 5 section 506; altering, removing or posting a fraudulant copyright notice is good for $2500.

  124. no requirement in the GPL by DABANSHEE · · Score: 2

    Only that they provide source which they do.
    Why are you so fustered about all this, as if it means anything?

    Ig Gnucleus wanted credit they should have used the old BSD license or created their own opensource license.

  125. grow up by DABANSHEE · · Score: 1, Offtopic

    & stop spitting the dummy

    You are going on about this as if it effects your survival or something.

    Stop being silly & move on

  126. stop sulking by DABANSHEE · · Score: 2

    who cares?

    If Gnucleus wanted credit they should have used the BSD license

  127. Unauthorized Access by MrByte420 · · Score: 1

    Hey, Why couldn't users contend that we had our computers changed/altered without our permission. The last time I checked that was still illegal. If we're not supposed to breaking into them - they should reciprocate and not break into us. By altering registry setting without asking, they have effectivly broken into my computer. Nothin better than a /. class action suit. MB

    --
    If religous zealots don't believe in Evolution, then why are they so worried about bird flu?
  128. Why I can't bring myself to use Gnutella by spoco2 · · Score: 1

    It's purely ease of use... I started using Gnutella clients, lots of them, but found them all to be painful to use, and all to have the feature I most like about KaZaa, and the old Morpheus, and that's the automatic resumption of partial downloads when I reconnect to the net... I don't want to be tied to the net just because I'm 70% through a 500Meg download... I kinda might want to take my laptop to work.

    And then there was the reliability aspect... As the fastrack system had the fantastic concept of downloading from multiple sources, instantly it bacame far more reliable, and you pretty much always got what you started downloading, unlike Gnutella where if the person you were downloading from switched off their connection, then bye bye download.

    Now, I haven't used anything other than Morpheus for quite a while now, so it might have all changed in the interim, and dammit, I hope it has, and someone can point me to a better client, cause at the moment I'm downloading KaZaa with all of its shite spyway... I don't want to, but I just can't stand Gnutella... I like ease of use in my applications, as does my girlfriend, and she loves to use Morpheus/Kazaa et al....

    So perhaps someone can point me towards a better client.... please?

    1. Re:Why I can't bring myself to use Gnutella by Anonymous Coward · · Score: 0

      LimeWire

  129. Winmx by Anonymous Coward · · Score: 0

    I don't know about anyone else, but i've been useing the beta of winMX and it does the job quite nicely even with a extremly small userbase due to beta status. But it does have the option of connecting to open nap servers which relaly makes it great.

  130. Gnucleus Sucks(IMHO) by N8F8 · · Score: 2

    I like the GUI interface to Gnucleus.
    Sure the biological install and update is neat.
    But if I type in "Andromeda" and get "0" results then its completely useless.

    Of course KaZaa is getting so overloaded now that I can't download anything. Looks like I'm going to have to buy a bigger harddrive and start recording the stuff myself.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
  131. Re:They control the authentication -- NOT the netw by PeeOnYou2 · · Score: 1

    Ok so if/when the RIAA/MPAA win their lawsuits, it will just be shut down. What's so hard to see about that? Just because they can't filter out copyrighted materials isn't going to stop these suits. They want blood.

  132. I got Morpheus to work... by hyrdra · · Score: 2

    by changing the version number with a resource editor. Quite simple, really.

    --


    "I'll just chip in a bit for RedHat: I actually have that installed on my university machine." - Linus, '95
    1. Re:I got Morpheus to work... by Anonymous Coward · · Score: 0

      Do you mean you were able to use regedit to set the Morpheus version to some new value and get it to work?

      What registry key/setting did you use?

      --Pat / zippy@cs.brandeis.edu

  133. Isn't what Kazaa did illegal? by Anonymous Coward · · Score: 0

    I mean if they DID change registry settings on my PC to shut down Morpheus, then they attacked MY pc! If they shut down servers, then they attacked the servers with malicious intent. They pretty much spread a virus around, didn't they?

  134. But Gnutella is crappy. by Tom7 · · Score: 2


    I'd love to, but Gnutella is crappy. The network is filled with bad and incomplete files, most stuff is misdescribed, and searching is totally lame. The gnutella folks really need to work on the availability and quality of content in the network.

    I think maybe Gnutella is a good starting user base for some new evolution of the system, but right now it doesn't hold a candle to Morpheus (or especially, Napster).

    1. Re:But Gnutella is crappy. by sluggie · · Score: 2

      Hmm, good point.

      But I think this is something like the chicken and egg problem.
      The more users you have the better the content gets. So we should not talk about the gnutella folks, but use gnutella, go online and share high quality content.

      We have to start somewhere, we have to start sometime. Why not here, why not now? (Rage Against the Machine always inspired me ;))

    2. Re:But Gnutella is crappy. by Tom7 · · Score: 1


      I don't think it's just the available content that's crappy, it's more about the content meta-data and how it's searched and ranked. Gnutella has essentially the dumbest search strategy of any P2P network: if the query appears in the file name, then it is a hit (and the hit is as good as any other).

      Morpheus had reasonable meta-data and let you search based on other qualities. There's no real reason that a P2P network shouldn't support this, it's just that gnutella was a bit too early for that idea, and hasn't really caught up since then.

  135. Legal Questions by Polytechy · · Score: 0

    IANAL and I have question about Gnutella. Assuming the new Morpheus takes off or there is a similar and sudden mass migration to Gnutella, could the RIAA or whoever just get some people to sit on the Gnutella "network" and glean IP addresses from users, trace them, and start arresting people and make those arrests public to instill fear? That wouldn't be hard as they control the media. But then, would that be possible/legal? Would a P2P network that encrypted everything be safer? Would the RIAA agent collecting IP info be irrelevant because of entrapment or similar? ::Insert similar questions::

    Q

  136. Re: Stability of Morpheus Preview questionable by King_TJ · · Score: 2

    Well, in my limited experience with the new Morpheus Preview software, I'd recommend deleting it too - but dunno what alternate client I'd recommend.

    I grabbed it the first night they made it available, to see what they'd done to it. Fired it up and decided to let it run overnight, to see who would download my files. The next day, I found the Morpheus Preview had completely shut down on my machine. I tried to launch it again, and it refused to run. I had to reboot my PC (running Win2K SP2) before I could make it run again.

    If it's that unstable, people aren't going to be sharing many files through it.... I can't say if the stability issues are rooted in the Gnucleus software it came from either. (Never tried Gnucleus.) But it's rather suspect.

  137. Kazaa alwaus trying to get morpheus users by catwh0re · · Score: 1
    It's obvious that kazaa has been attempting to convert fasttracker users from the morpheus client, to the spyware filled version kazaa. The two clients are exactly the same (ever leave your mouse over the morpheus icon in the tray? you get the word "kazaa" and all your temporary files are prefixed with "kazaadownload...etc". Also not to forget that they share the same interface exactly, only the graphics have been changed.)

    The reasons below have occurred in the last quarter:

    1.) A false (and major) security flaw against morpheus found, yet not in kazaa browser(which is the same code). Kazaa then tells users to convert to kazaa for security.

    2.) Morpheus falls off fast tracker network. Kazaa immediately appeals for users to download kazaa. Siting the benefits that they can keep their usernames. (already indicating that they have no intention of morpheus coming back.)

    3.) Kazaa admits responsiblity for knocking morpheus off network. But for bills only. Despite the fact that the short terms history shows that kazaa has been trying to get more and more people infected with their bundled spyware.

    4.) Kazaa suffers less and less users as people run popular AdAware software on their computers. (Which removes kazaa spyware, which kazaa checks for on each load, otherwise disables itself.)

    To me, it's obvious.

    1. Re:Kazaa alwaus trying to get morpheus users by mpe · · Score: 2

      Kazaa suffers less and less users as people run popular AdAware software on their computers. (Which removes kazaa spyware, which kazaa checks for on each load, otherwise disables itself.)

      Unless people install the fake cydoor DLL file, since apparently it simply checks for the existance of a DLL. Rather than attempting to verify that DLL too.

  138. Re:Eee Gads! I though it was non-shut-down-able... by Anonymous Coward · · Score: 0

    the fasttrack system is based on a http server running on port 1214 if i remember right.
    so find an open port port 1214, type the address in your browser, and there you are, almost as good as open ftp, to whoever was missing it :)
    i have only tested with grokster, but i doubt kazaa and morpheus are any more secure.

  139. Cydoor files if removed will disable Kazaa, BUT... by Size_Mick · · Score: 1

    A firewall like Zone Alarm or Tiny Personal Firewall will easily block the ads and render the cydoor stuff useless. Then you can still delete the AdCache folder. I noticed that registry entries will continue to return if you delete them, but then I also noticed that you can change their values to whatever you want and they will stay that way (I set alot of values to 90210 :P). Basically, all you need to do is have 3 rules present: 1) Block all TCP out from any port to any address on port 80, 2) allow TCP out from any port to any adress on port 1214, and 3) allow TCP in on port 1214 from any address. I've noticed that some people seem to use ports other than 1214 (1033 is one I've seen - is this a Grokster option?), so you may wish to modify the 2nd one as you see fit, but port 1214 covers 99% of everyone I've seen. With this method, I have a nice blank spot in the bottom left hand corner of my Kazaa window! Note that if you run Kazaa with your firewall disabled, the adcache folder reappears almost instantly, so remember to keep that firewall up.

  140. Any judge? by kesuki · · Score: 2

    Now I can't really argue anything about fair-use case laws, but there is one thing you're wrong about. Supreme court Justices are appointed for Life. They cannot be 'initimidated' by RIAA goons, and accepting bribes from the RIAA is one of the few ways that a justice could actually be removed from a life long job on the supreme court.
    As far as murdering a justice goes, well They get death threats all the time and generally have to have 24/7 protection from crazy people pissed off over abortion or other spark issues. So no, the RIAA will Never have a supreme court justice's head 'on a platter.'
    Of course the supreme court probably wouldn't condone 'digital theft.' There is still some hope that they could decide that the artist and not the labels own the digital rights to music much as they own the rights to radio. They could also strike down the contract-writer portion of the DMCA which prevents the copyright on songs from ever reverting to the original song writter.
    If artists own the rights to music then they could well sign on to a p2p system that was ad supported and paid them fractions of a cent per download. It has to beat what the labels are paying most artists, and the service could even integrate virtual tip-jar to make it more appealing to struggling artists.

  141. Re:They control the authentication -- NOT the netw by pimpinmonk · · Score: 1

    Actually, it's easy to share above 128kbps. Look in your registry under HKEY_CURRENT_USER\Software\Kazaa. There's one key named "limit bitrate" and it's set to 1. Edit it and make it 0, and voila. More morpheus people had this set than Kazaa (I think one version of Morpheus disabled the limit, and it stayed that way forever), so don't expect to find many high-bitrate files. I realized that and switched back to Audiogalaxy, which is much faster than it used to be.

  142. Napster? Files? Yeah, sure. by hearingaid · · Score: 2
    With Napster, it was different since Napster *did* control what files were/weren't shared.

    I think not.

    Napster controlled what files could be searched for. However, once you'd identified a Likely Hard Drive, all you had to do was add that person to your hotlist and you could browse their shares.

    This is how I found an awful lot of stuff. Including things which failed to appear in hits from the central server.

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  143. Why KaZaA Would do This by ubergamer · · Score: 1

    I think the KaZaA people are cowards. I believe the reason they are doing this is because Morpheus was getting more biz. than they were and they panicked(sp). It's always about making money, and the fear of losing that money by losing advertisements and sponcers made them do this.

  144. Re:They control the authentication -- NOT the netw by Anonymous Coward · · Score: 0

    you seem to have a "stating the obvious" problem.

  145. Re:Music City owes Gnucleus by Anonymous Coward · · Score: 0

    Sure, Music City may be in compliance with Gnu Public Licensing now, but what about the future? As so many have reminded us, Morpheus is/was commercial.

    What I find insidious about Music City's move to rebranding Gnucleus is that Music City has promoted this "new" version of Morpheus as if it were something they developed. While it has been pointed out by others that the open source community was credited I saw no such claim on Music City's web site when I downloaded the new client. As far as I was concerned it was something they were in the process of developing. If I represent even a fraction of Morpheus users, this is not good for the open source community because it means that there are a whole slew of others who believed the same thing - that the new version of Morpheus was something developed in house.

    It seems that Music City should be paying the open source community something of the revenues they derrive from this misappropriated version of Gnucleus. Rebranding is not redeveloping, but consumers are on the whole being mislead to believe that this beta Morpheus is a new product. If payment is not made in cash it should at the very least be in ads served up for the open source community.