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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."
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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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...
Somewhere on this page I have hidden my signature.
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
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/
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
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.
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.
IANAL, so instead of arguing the point, I present this post as a list of expert opinions which contradict Rogerborg's position.
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.