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KaZaA Collapses

MikeKD writes "according to SFGate, KaZaA has announced that it will fold due to the cost of defending itself against the RIAA & MPAA. The timing is notable since on Monday, Altnet (owned by Brillant Digital) announced plans for "sponsored listings in peer-to-peer search" on its "separate [and] secure P2P resource-sharing network"."

126 of 359 comments (clear)

  1. Newsflash! by ObviousGuy · · Score: 2, Insightful

    Being on the Internet does not make one immune to copyright laws!

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Newsflash! by Pogue+Mahone · · Score: 3, Interesting

      But whose copyright laws do you have to obey?

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    2. Re:Newsflash! by cyborch · · Score: 2, Insightful

      I'd prefer the country where the copyright holder resides. Otherwise people who stole from me ought to have their hands cut off (some middle eastern law)...

      Why should copyright holders have the right to go against the laws of their country and use the laws of any foreign country? The fact that their copyrighted material is available internationally should hardly make the copyright holder choose which law to use...

    3. Re:Newsflash! by GutBomb · · Score: 2

      it would be unfortunate that if i were to make some copyrighted material in the US and then be forced to move to taiwan.

    4. Re:Newsflash! by ranulf · · Score: 2, Insightful
      But whose copyright laws do you have to obey?

      This new idea of being able to choose where to sue for copyright infringement seems very wrong to me. Surely the idea is that every citizen in any country should be responsible to keep to the laws in their country, and suffer the penalties imposed by their country when they break them.

      Ralf.

    5. Re:Newsflash! by -brazil- · · Score: 2, Informative

      Copyright laws are pretty much standardized internationally through the Berne Convention, which says that any signatory nation must grant foreigners the same copyright protection which it grants its own citizens. There's another treaty that additionally specifies minimum standards of protection, and all members of the WTO must comply with both of these treaties.

      --

      The illegal we do immediately. The unconstitutional takes a little longer.
      --Henry Kissinger

    6. Re:Newsflash! by Weh · · Score: 2, Insightful

      This is not about copyright laws, this is about injustice. However you might feel about Kazaa doesn't change the fact that they claim not to violate any copyright law, so they must be presumed innocent until found guilty by court of law. The reason they are folding is not because they admit they are guilty, but because they cannot afford to pay for al the legal costs of lawsuits. It is really sad that in this case someone with a lot of money can prssure someone poorer in not having an honest court of law. It's really the law of the jungle, nothing new of course but still sad to see.

    7. Re:Newsflash! by Beliskner · · Score: 5, Insightful
      Being on the Internet does not make one immune to copyright laws!
      Copyright is an artifical concept. Many lawyers think intellectual *property*. Property being 90% of the law. In actuality it should be *intellectual* <font size=-3>property</font> which is completely seperate.

      Copyright laws can change tomorrow. Some artists and all record companies will want 100% control of their product - the DVD regions system is racist as it discriminates against people in other countries and thus inhibits free trade, violating WTO regulations, even if you're willing to pay full price for the product, they still want to control who buys it, where and when. This shows me there's no middle ground with these people - it's CDBPPTA or nothing, and they'll use the most expensive lawyers available. The outcome of legal action is a combination of Poker (cheaper to fold instead of raise, even if your own hand is better), luck and who's right and wrong.

      Everybody that I know that went to court "on principle" has lost their house, car and life savings as a result, despite the fact they were right. Losing everything to lawyer fees when you are 60 years old is NOT funny. This system is just plain wrong.

      I wish binLaden smashed planes into the Supreme court instead of WTC. Amen.

      Honestly, when I look at Sharia law I can see why the Middle East supports it, looked at objectively it as a whole at least gives the impression of love and caring for the average citizen, together with the accruing of large amounts of money being an abominational and disgusting act of selfishness. I dunno man, I can't help feeling that there's something there that we've lost.

      Sharman networks should move to Dubai in UAE, Towry Law is based there and it's a beautiful place, everybody has a Mercedes. The servers can be housed in Saudi Arabia, they have no IP laws there, but they'll need one big air conditioning unit. Why don't people locate server farms in Greenland, Norway or in the Arctic? No air conditioning costs whatsoever, just a few fans.

      Cheapest model in IT:
      Servers in cold countries (e.g. Norway)
      Coders in cheap countries (e.g. India, China)
      Consumers in rich countries (e.g. America)

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    8. Re:Newsflash! by ranulf · · Score: 4, Insightful
      So, since I live in China, I'm immune to any kiddie porn laws.. neyya neyya.

      Absolutely. I don't condone any kind of porn, that said, I think people in China should be immune to US laws.

      For instance, should a Dutch citizen be prosecuted in the US for smoking drugs, even though his country has de-criminalized it? No?

      Should he prosecuted for smoking drugs in the US? Yes?

      Now, perhaps more interesting... Should a US citizen be prosecuted in the US if he smokes drugs whilst on holiday in Asterdam? This is the grey area, as things like espionage, treason, murder all probably would cause him to be prosecuted by the US.

      Now, back to this Chinese guy with his kiddie porn... If he physically sends mail to the US, he clearly has intent to break US obscenity laws. If US people take things withouy his knowledge from his server (which remember, it is legal for him to have running), how has he broken any US laws? For a start, there is absolutely no intent.

      If the US has problems with this, the correct approach is for the US to impose sanctions, e.g. creating laws requiring the firewalling of offending machines out of existance. Something hard to achieve? Not really - if it starts being hard to maintain, it's easy to employ a draconian firewall everything. If this upsets China's economy at all, then it'll in turn start having a good reason to implement obscenity laws of its own. Welcome to the world of trade sanctions.

      A final note. Given that China is fairly keen to stop pretty much all internet traffic to and from China anyway, I don't think this is a great example.

      And there goes my karma for replying to my own posts...

    9. Re:Newsflash! by ahfoo · · Score: 2

      eh hem, I'm an American in Taiwan who sells retail software for profit to people in Taiwan and China. What is your point again?
      Arguments based on nothing but stereotypes don't prove much.

    10. Re:Newsflash! by Dr+Caleb · · Score: 2
      I don't think this is a great example.

      Replace "China" with "Canada" or "England" and most of this still holds up.

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
    11. Re:Newsflash! by cyborch · · Score: 2, Insightful

      The question you are asking is not as hard to answer as you may think it is... Being that you sell your software in taiwan and someone from taiwan steals it, maybe he should be trialed by taiwaneese (sp?) law. Were you to sell it in any other country and someone from that country would steal it, then they should be trialed according to the laws of the country where they commited the crime (given that stealing software is a crime in that country).

      Basically, take a moment to think logically, it isn't really that hard...

      I may not have explained myself clearly (excuse me but english is not my first language), but surely you can see that it's not very hard to know which laws apply.

    12. Re:Newsflash! by DarkZero · · Score: 3, Insightful

      So by that same token, you should be executed for criticizing China's laws, and whatever country you are in should immediately agree with China to let them punish you under their laws and their standards, regardless of where you live.

      Different countries have different moral bases and aspirations. If the Chinese should not be exempt from your country's laws that based on your country's morality, then you should not be free from China's laws that are based on China's morality. This is why we have multiple countries in the world, and also the reason why most countries don't put up with their citizens being harassed by other nation for "committing a crime" while on their home soil, where that "crime" is perfectly legal. If something that's legal in one country happens to cross the internet and ends up in a country where it's not, then that's just too damn bad. There's nothing that can be done about it, because the only other alternative is to hold absolutely everyone on the internet, regardless of what country they live in, to the combined laws of all of the strictest countries on Earth, which would make it illegal to not only upload kiddie porn, but also to speak for or against democracy, for or against communism, for or against bigotry, for or against any religion, etc. It would put so many people in jail that the entire idea is an impossibility.

  2. KaZaa != KaZaa by spacefight · · Score: 4, Interesting

    Aren't the dutch representatives (the ones beeing sued) not the owner of the software (and with it, the newtork) any longer? Well why should RIAA & Friends sue them any longer? Why didn't they already filed suit against Sherman Networks in OZ? Or does anyone know if they alleged them already for copyright infridgement (lol)?

    1. Re:KaZaa != KaZaa by HeUnique · · Score: 2

      it's a hacked version of kazaa media desktop, not open source implementation.

      --
      Hetz (Heunique)
  3. Try to catch me ... by CyberQ · · Score: 4, Interesting
    It seems "only" the company has to give up. The system will live on - in a more exotic location:

    The Web site and the software behind it are now owned by a privately held firm called Sharman Networks, based in Vanuatu, an island in the Pacific.

    This promises to be an interesting legal battle, esp. for jurisdiction and enforcement of any rulings. The question is: Will the servers be moved to Vanuatu as well?

    --
    Line 9: Argument of type SIGNATURE expected.
    1. Re:Try to catch me ... by spacefight · · Score: 3, Insightful

      Which servers? The supernodes (which holds up the net IIRC) are the users themself. Or are you talking about the DRM stuff (which nobody is interested in..)?

    2. Re:Try to catch me ... by walkern · · Score: 2, Funny

      Vanuatu is trying to clean up it's banking system which has been used for offshore havens for all sorts of monies that should have been taxed. It's not really a surprise that a company trying to evade legal action would hide there. The lengths companies will go to to provide free pr0n and mp3z to people never ceases to amaze me :)

    3. Re:Try to catch me ... by tftp · · Score: 5, Interesting
      kazaa users connect to one server to retrieve a list of alternate nodes to connect to

      1. An IP address hardly can be a "circumvention device". More likely, it is speech. The server that the IP points to may even not have anything offending on it. It is more like a general purpose communication network, like a telephone.
      2. Even if those IPs are "evil" now, they could be easily obtained through other means, such as an IRC channel where clients would automatically advertise themselves (or Jabber, or AIM...)
      3. Once you cache 1000 IP addresses, you don't need to go to the main server any more - chances are very good that one of those 1000 boxes is online, and once you connect it will give you the latest and greatest IP list.
      4. Though Freenet itself may be too slow for P2P, real time traffic, it will be perfect as a secure and unbannable distribution medium for IP addresses. The Freenet protocol already has all the necessary types of keys.
    4. Re:Try to catch me ... by sacrilicious · · Score: 2, Funny
      The Web site and the software behind it are now owned by a privately held firm called Sharman Networks, based in Vanuatu, an island in the Pacific.

      RIAA, please don't squeeze the Sharman...

      .

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
  4. Someone actually uses Kazaa?? by Mindjiver · · Score: 3, Interesting

    Why would anyone wanna use Kazaa when you could use DirectConnect?

    --
    I know not what course others may take; but as for me, give me liberty or give me death!
    1. Re:Someone actually uses Kazaa?? by AngryAndDrunk · · Score: 3, Interesting

      How do you search for files on DirectConnect?

      I admit that I've barely looked at it (I'm not exactly a huge p2p user anyway), but from what I saw the whole idea is that you connect directly to (a group of) computer(s), then see what's being shared on them.

      So, how do I find a specific song/video/document/whatever? Do you really have to connect to every computer on the network in turn, hoping that what you're after will be on them? Or is it only intended for people who don't particularly care what they find, as long as they find something?

    2. Re:Someone actually uses Kazaa?? by 10Ghz · · Score: 2

      Question: Does it work in Linux? If it does, I might give it a shot

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    3. Re:Someone actually uses Kazaa?? by derrickh · · Score: 2

      Easy, because most Direct Connect Servers require you to 'share' up 5-20 gigs of your harddrive to the network. Thats a high price of admission.

      D

    4. Re:Someone actually uses Kazaa?? by MxTxL · · Score: 2

      One great feature of Gnucleus, being Java, it SHOULD be portable to any Java-supported OS that has a virtual machine installed (linux boxen included).

      But, as you noted, if it doesn't run on linux, being open source, it would probably be an easy matter to modify it some to make it portable.

    5. Re:Someone actually uses Kazaa?? by Greg+W. · · Score: 2

      No, KaZaA used to have a Linux client, but they went out of their way to break compatibility with their own network protocol -- multiple times -- so the official KaZaA Linux client no longer works.

      If you're looking for a Linux-based file sharing system, you have three basic choices:

      I don't count Freenet here because it's too unreliable.

  5. NOOOooo !! by Anonymous Coward · · Score: 4, Funny

    I haven't finished downloading Star Wars yet !!

    1. Re:NOOOooo !! by laserjet · · Score: 2

      Yes. I second this. Real men use IRC. I like IRC because there is much less "spam" to sift through, people usually know what they are doing, and I like the crude and old-school atmosphere that I grew up with.

      --
      Moon Macrosystems. Sun's biggest competitor.
    2. Re:NOOOooo !! by Alsee · · Score: 2

      Score:1, Redundant

      For the humor impaired:
      Note that it says Episode III
      It is suggesting that the NEXT starwars movie is already available on P2P networks.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  6. So???? by Newer+Guy · · Score: 3, Informative

    "The collapse of Kazaa, however, is not expected to slow trading activity on the company's network, one of the most popular file-sharing sites in the world. Kazaa said it has sold the network to another firm that the music and film industry has not sued yet. " They sold off all their assets and now they're cashing out. Big deal.

  7. HEHE by Em+Emalb · · Score: 2

    "Kazaa said it has sold the network to another firm that the music and film industry has not sued yet."

    Just give them time, just give them a little time and they will have sued every one in the entire world :P

    --
    Sent from your iPad.
    1. Re:HEHE by Jucius+Maximus · · Score: 2
      "Kazaa said it has sold the network to another firm that the music and film industry has not sued yet." [the emphasis is mine]

      The media is seeing a pattern. Interesting.

  8. Cheers! by mqduck · · Score: 2, Funny

    Forgive me for stating the obvious, but I'm gonna bet that I'm not the only one who is unhappy about the legality of it, but excited that KaZaa might crash and burn.

    Long live Gnutella!

    -Jeff

    --
    Property is theft.
    1. Re:Cheers! by GutBomb · · Score: 3, Informative

      when kazaa users switch to gnutella after the kazaa network dies (eventually those login servers will go bye bye) they will bring thier files with them. In turn, gnutella will have the same file selection as kazaa. and many gnutella clients allow you to download from multiple sources.

    2. Re:Cheers! by Gibbys+Box+of+Trix · · Score: 4, Informative

      many gnutella clients allow you to download from multiple sources.

      Which, specifically? If I like it, then this Kazaa user will bring all his files to Gnutella.

      My experiences of Gnutella recently (using Limewire) have been that there are few files, most of which you can't even begin to download (file unavailable, retrying in 10..9..8..7..etc), when you are lucky enough to get one, it's incomplete, or not what it says it is. It's okay for music, but even then doesn't have the selection that's available on Kazaa.

      Compare and contrast to Kazaa from which I have recently got RTCW, Spiderman (movie and game), Fifa World Cup 2002, Freedom Force, Jedi Knight II, and am currently getting GTA3.

    3. Re:Cheers! by tftp · · Score: 2
      Which, specifically?

      LimeWire, for example. It is not bad.

    4. Re:Cheers! by tftp · · Score: 2
      LimeWire doesn't allow downloads from multiple sources

      Now it does. I have it, use it and it is OK. Here is what they say on the Web site:

      • Swarm downloads from multiple hosts helps you get files faster

      See Web page.

    5. Re:Cheers! by BilldaCat · · Score: 2

      If there's any justice in the world, karma will catch up to you sooner or later. Thief.

      --
      BilldaCat
    6. Re:Cheers! by Gibbys+Box+of+Trix · · Score: 2, Interesting

      Yeah, I know... That's why I have over a thousand CDs, 100 DVDs, and two shelf-fulls of games including 3 of the ones I listed above that I bought after having tried the downloads.

      I know the value of entertainment, I also know what it feels like to pay through the nose for garbage, overhyped software.

      Colour me troll, I guess, but that first guy bit so hard, I couldn't help it.

    7. Re:Cheers! by jilles · · Score: 2

      Rumours, no facts. Since about half a year limewire and most other gnutella clients support so-called super peers. Super peers are the main reason gnutella didn't collapse when morpheus collapsed. It handled all the new users just fine (about a ten fold increase in users in a matter of days). Too bad most of them ended up installing a version of gnucleus ripped by morpheus. That particular version did not yet support super peers and other important gnutella features. Consequently it was limewire that prevented the gnutella network from collapsing (by providing the super peer nodes in the network).

      Super peers also greatly reduce the amount of trafick and make it possible for e.g. modem users to use the gnutella network. Before super peers this was not really feasible because each peer had to handle incoming trafic from other nodes.

      Limewire and other gnutella clients such as bearshare and gnucleus support swarmed downloads. Recently a feature called hashing has been implemented in several clients to improve reliability of swarming. Before hashing a more simple test was used to determine whether files were equal.

      The main reason the gnutella network seems less responsive than the Kazaa network is that it is much smaller. On top of that there are still a lot of legacy gnutella clients which don't support all the latest features. The Kazaa network has the advantage of more users (1.6 million right now) that mostly bother to upgrade when they are prompted to do so. Naturally more content is offered on large networks than on smaller networks.

      If you don't like spyware (like me), you might want to download the GPL'ed source code of limewire from the cvs servers and compile it yourself (easy if you know what you are doing). I've done so and it got me rid of the banners and bundled stuff. Alternatively download the java only install from their page (still includes advertisements though).

      Gnutella is definately not a perfect network. However, the clients are getting better and better. Big features to land in the coming few months are meta information searches (already in limewire but other clients need to adopt this too in order to make it work properly) and browsing other user's files. I'm confident that gnutella will be there in better shape than ever to take over things when/if the Kazaa network collapses.

      Until then, I'll keep kazaa lite running (need to complete those downloads :-)

      --

      Jilles
    8. Re:Cheers! by Gibbys+Box+of+Trix · · Score: 2, Interesting

      Yeah.. a good point. It's not *easy* to get the files off kazaa, you have to know what you're looking for, and you often have to fill in with parts from a.b.cd.i

      Part of the fun is tracking down that last elusive rar file you need.

      Anyway, got all my GTA3 parts now, so off to burn some ISOs... :)

    9. Re:Cheers! by athakur999 · · Score: 2

      For Windows, check out Gnucleus. It supports downloading from multiple sources. It also supports SuperNodes and is open source.

      I agree though that Kazaa beats out Gnutella right now for selection. I have a much easier time finding stuff on Kazaa and the downloads tend to be faster and more reliable. Things are getting better though.

      --
      "People that quote themselves in their signatures bother me" - athakur999
  9. "In a related story... by Soulslayer · · Score: 4, Interesting

    ...Spy Software companies and makers of other beneficial consumer products wholly unrelated to virus software announce that they expect a downturn in profits and expect to lay off 75% of personnel."

    Seriously folks, is this really a bad thing?

    P2P software is a nice idea, but I would be more interested in them if they were more user controllable. I'd much rather have a P2P network comprised solely of individuals that I trust than to be connected to a sea of people do not know eating my bandwidth searching for things I do not have and do not want.

    Give me a P2P solution that allows me to selectively authorize requests to my system and communicate only with those other people that I wish to communicate with. A mini P2P between myself and my friends.

    --


    Once more unto the breach dear friends...
    1. Re:"In a related story... by Rinikusu · · Score: 2, Insightful

      Um.. how about using FTP?

      --
      If you were me, you'd be good lookin'. - six string samurai
    2. Re:"In a related story... by GutBomb · · Score: 3, Insightful

      ummm, it's called FTP. set up an ftp server, give the address out to your friends, and have them set up ftps and give the address to you. simple. if you want to chat, fire up an icq/irc...

    3. Re:"In a related story... by savaget · · Score: 2

      It looks like a Linux port is in the works.

    4. Re:"In a related story... by Beliskner · · Score: 5, Funny
      set up an ftp server, give the address out to your friends, and have them set up ftps and give the address to you. simple
      This is exactly how it was done in the past, friend - FTP. Oh man, I've been trading files since you were just a twinkle in your parents' eyes kiddo. 5 years ago in my day it used to be www.audiogalaxy.com as the search engine (like Fast Networks www.alltheweb.com FTP search). It spidered FTP servers. You'd type in the song you want and get a list of FTP servers matchig with their IP address and login/pass (usualy mp3:mp3). They'd usually be running warftp daemon, have an upload:download of 1:3 usually so you MUST upload a song to be able to download a song. Unlike Kazaa if you upload a song the guy doesn't want he takes it personal and *kicks* you from his ftp server. In other words you spent 1 hour uploading a song over a dialup connection just to get kicked after 1/4 of your download, and maybe get your IP address shitlisted (if the song you up'ed was that bad). This is why in my winamp 40% of songs are incomplete, ftp server admin kicked me. Sometimes you'd do a reverse-DNS and see the FTP server is in Russia, where it's 5am, so the FTP server is unmanned. This is when you have fun and upload win386.swp and kernel32.dll to get download credits. If you want to download a 5 Meg song, and the FTP server has a 1:3 ratio, you have to upload at least a 1.8 Meg song so you'd always have your mp3 portfolio in windows explorer arranged in size order. FTP admins got pissed off that only small songs get uploaded, but in dial-up days this still took an eternity.

      These were the days when CuteFTP was unstable and kept crashing. Ahhhh, those were the days when song-swapping was personal. Some people with me got kicked from the FTP server in mid-download, got pissed off and ping-flooded the FTP server for 10 minutes. It was all so personal.

      Usually the FTP servers would be busy with >50 simultaneous users so you;d have to hammer the FTP server with a 3-second wait timeout. Sometimes I'd use my own PC to hammer, and I'd ssh into my friend's linux box and use it's ftp to hammer also, and then use the first one to connect. Trouble is if you hammered to hard they'd ban your IP address for 15 minutes to 1 day. With DHCP just hang up and dial up again to get a new IP address. These were the days when a static IP address (like with ADSL) was something to be avoided at all costs.

      Sometimes I reminisce about the good old days by downloading from Kazaa and opening up an MSDOS prompt and typing netstat to get the reverse-DNS, makes things feel a little personal again for a few seconds. But I suppose old-timers like me with the personal touch aren't wanted any more *sniff sniff*.

      So when you kids point and double-click on Kazaa, remember us, the pioneers who did things the hard way.

      Score:5 Historic, pre-P2P era dinosaur, modded up out of feeling of respect for your elders, when everything wasn't as automatic as Kazaa

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    5. Re:"In a related story... by daeley · · Score: 2

      Given bandwidth and throughput back in the day, this isn't too far from the truth. :)

      --
      I watched C-beams glitter in the dark near the Tannhauser gate.
    6. Re:"In a related story... by Greg+W. · · Score: 3

      That's not historic. I do something very similar to that, today, using Apache and ipchains. I ban users who use those fucking multi-threading download manglers. You can see the idiot list du jour at greycat.yi.org.

    7. Re:"In a related story... by Beliskner · · Score: 2
      You whining retard... I don't think anyone wants to hear your self-gratifying tale about your journey for warez... It's as bad as hearing old senile folk talk about "When I was your age".
      Whining retard, hey that's cool. From FTP scourers to Kazaa. It's like rags to riches. I'm only 23, the fact that I'm talking like an old man shows how quickly technology changes ;-)
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
  10. Truly Amazing by matrim99 · · Score: 3, Insightful

    It never ceases to amaze me that the major record companies don't see *free advertising* when it's in front of their faces. Those folks who pirate content and don't end up buying that content wouldn't have purchased it in the first place, so there is no net loss. Those who would have purchased the content that they download can access a wider variety of content online, and will end up purchasing more. MP3 quality is a far cry from CD quality, afterall.

    Just look at what videotapes did for the movie industry (and when VHS/Beta first came out, the movie industry feared that these would kill the movie industry). They took the technology that they feared, ran with it, and ended up making MORE $ from video sales than from the box office.

    --
    Right. No, your other right. No, the other other right.
    1. Re:Truly Amazing by TheAJofOZ · · Score: 5, Insightful
      MP3 quality is a far cry from CD quality, afterall.

      Well, not really. On a good quality sound system, MP3 is a far cry from CD quality - on an average sound system to average people, it's pretty much the same. I suspect that a very large majority of people would fail blind tests judging between MP3s and CDs playing on their own sound system. Heck, most people would fail when played on a top quality sound system - they listen to Britney Spears for goodness sake! :)

    2. Re:Truly Amazing by liquidsin · · Score: 2

      Your analogy is flawed, since movies are actually sold. They make money on vhs, whereas they don't make money on p2p trading (yet). I agree that it's stupid to fight the free advertising. Problem is they want control. Radio works because you hear what they want you to. They don't care that you're not paying for it, because you only hear what they dictate. With p2p, you get to hear whatever you feel like downloading. Oh, and the other thing is that they ARE potentially losing customers. The people who download and don't buy. They may have actually bought the album if they couldn't preview it to find out that the rest of it sucked. Mind you, that's a shitty business model (hook 'em with one catchy tune, make 'em buy an album full of crap to get the good one)

      --
      do not read this line twice.
    3. Re:Truly Amazing by Erasmus+Darwin · · Score: 2
      "It never ceases to amaze me that the major record companies don't see *free advertising* when it's in front of their faces. Those folks who pirate content and don't end up buying that content wouldn't have purchased it in the first place, so there is no net loss."

      It's only free advertising if we accept your statement that the people who don't buy the content when they can/do pirate it also wouldn't buy the content if it weren't easily available for piracy. While I believe your statement may be true in some individual cases, I don't think it necessarily works as a blanket statement. It's not hard to imagine someone being interested enough in a given song/artist that that person would pay for the CD, but that the person loses their motivation to spend money on something they essentially already have.

      So if we accept that piracy cuts into some sales, it goes from free advertising to forced advertising. There's a cost (in the economic sense of the word) associated with the copyright violation of the work. The question becomes one of whether or not that cost is offset by the sales produced by the advertising. The answer is unclear. However, whether or not the product should be advertised in this manner is a decision that the copyright holder should be the one to make.

    4. Re:Truly Amazing by pjrc · · Score: 2
      MP3 quality is a far cry from CD quality, afterall.

      double blind scientifically conducted and statistically valid listening tests with quality encoding software (not Xing!) have said otherwise.

    5. Re:Truly Amazing by sheldon · · Score: 2

      It never ceases to amaze me that the major record companies don't see *free advertising* when it's in front of their faces.

      No, I think the RIAA is really just upset that nobody bothered to ask them first if they wanted free advertising.

      I am more than willing to provide free advertising for Porsche owners. Unfortunately I haven't been able to find anybody to accept my offer by leaving the keys in the ignition of their car. I guess they just don't appreciate innovative and disruptive business plans!

    6. Re:Truly Amazing by StarFace · · Score: 2

      The term "CD Quality" refers to more than just the quality of the final sonic reproduction. That, is more dependant upon the equipment that is playing the media than the media itself, in most cases. Since it is so dependent upon the output equipment, it is largely irrelevant. The important issue of "CD Quality" is its "flawless" duplication. Sure, even when using an optical or coaxial feed off of the player, there will be some signal degredation due to faulty transport mechanisms, imperfections on the disc, dust, incorrect optical cable alignment, "jitter," ect. The effects of that are extremely minimal, however, and statisticaly insignificant, even over many multiple generations of duplication.

      MP3, on the other hand, is a dead end format. Once a waveform has been compressed, there is no going back without further degredation. Sure, the files can be copied from computer to computer with no information loss, but the audio itself can go no further. You cannot do much with it, other than listen to it on your mid-range to low-end audio set ups.

      Granted, that is all most people need, but it is the critical difference between master and duplication that the industry likes to gloss over and pretend does not exist.

      --
      V
  11. How? by Mr_Silver · · Score: 2
    How can Kazaa continue? I was always led to believe that it wasn't true peer-to-peer as you had to sign onto their servers.

    Surely if they go down, then all the clients will have nowhere to connect and hence not be able to locate other people connected on it. Unlike Gnutella in which each user maintains a list of nodes and tries all of them until it finds one connected in which to pull off other nodes.

    This would also explain why the need to "log on" to kazaa and why it's relativily (compaired to Gnutella) fast to find the nodes.

    Or am I missing something?

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
    1. Re:How? by evilviper · · Score: 2
      How can Kazaa continue?


      KaZaA is sort of peer-to-peer... Before KaZaA decided to shaft Morpheus users, there were open source clones out there. The reason these clones no longer work is that KaZaA began sending clients a key, and if you didn't have that key you couldn't communicate with other users that did. So, in that respect, KaZaA going down would be a good thing.

      As far as a central server being used to get the list of hosts... I believe you are correct that it won't use it's cached list.

      In response to your sluightly dergoatory mention of Gnutella, I can tell you that it would take only fairly minor changes to the Gnutella servants out there to make it much much better than KaZaA... But it seem Gnutella programers don't impliment the obvious for whatever reason.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  12. This is the Dutch Kazaa, NOT the Vanuatu one by Zeddicus_Z · · Score: 3, Informative

    Kazaa no longer owns the client or the website. It sold them to a Vanuatan based company called Sharman Networks (originally thought to be based in Australia.)

    So, basically, Kazaa BV sold the application to Sharman to sidestep the lawsuits. Action failes and Kazaa BV goes down anyway.

    I spose they've just put Sharman on notice.

    --
    Janie took my gun...
  13. Interesting by jchawk · · Score: 2

    If the people running this do decide to thumb their noses at everyone, move the servers to this island and continue to do what they'd like, they better not live in the US, because they are still liable and will be hauled into court.

    So the owners better move with the equipment if this is the route they are planning on taking.

    *no where in the article did it say these things, this is just a hypothetical situation*

  14. It's a shame... by DarkDust · · Score: 3, Insightful

    ...that "organizations" (they act more like companies like MS, don't they ?) like RIAA and MPAA are able to force other companies out of business simply by filing lawsuits until the company in question is running out of money.

    And it's a shame that no one stops those a******s at RIAA and MPAA. They both have far too much power at their hands and play us consumers for a sucker...

    Their pricy hands even reach us here in Europe... scary thing.

    1. Re:It's a shame... by linuxpng · · Score: 2

      Then don't listen to and buy their product..They only have money/power from the people who buy products that are protected by them.

    2. Re:It's a shame... by moncyb · · Score: 2

      Boycotting them won't do much of anything. They'll just scream piracy and try to make the government force everyone to pay taxes to the RIAA/MPAA--just like they do with such things as blank music CDs and CD burners.

      The entertainment cartel has to be both taken down and replaced. That is the only way to be free of their dictatorship...

  15. In-depth coverage in LA times article by Seth+Finkelstein · · Score: 3, Informative
    That story was the AP breaking-news version. There's much more detail in the LA times version, which discusses the litigation in more depth. Particularly notable (money, money, money ...):

    Lawyers for another defendant, Streamcast Networks Inc., which launched the Morpheus file-sharing network, voiced a similar complaint. Morpheus' main law firm, Palo Alto-based Wilson Sonsini Goodrich & Rosati, told the court it intends to withdraw from the case because Streamcast can't afford to pay the bills. ...

    Legal fees are running high in the case not only because it's extremely important to some of the world's largest media companies but also because it involves several of California's biggest law firms. ...

    Sig: What Happened To The Censorware Project (censorware.org)

  16. my life is a joke by clinko · · Score: 4, Funny

    My life is a joke... I spent the last few weeks writing a p2p program.

    Just finished, at 5 a.m. Guess I don't want to get sued

    It was fun while it lasted...

  17. Software is not to blame by jukal · · Score: 3, Interesting

    If I create a system which enables people to share files, how do I violate anyones copyright?

    And if it does violate something, where is the magic line: why could not for example usenet news be considered as similar system then? It can be used as an organized tool for sharing copyrighted material. Should server admins start making sure that no copyrighted material is posted - and if yes, how do you make this possible? In my opinion, this Kazaa case is exactly similar.

    They can keep running Kazaa and it's future breed into bankcruptcy, but it will not solve anything. They are just playing cat'n'mouse. Someday, they will notice that mice fuck much more, kill one, and you have a dozen new. Someday, they will realise that they have to affect something else, this something else is in "peoples mind" and is the reason why Kazaas are created.

    1. Re:Software is not to blame by shannara256 · · Score: 2

      One of Hercules' tasks was to kill the 7-headed Hydra. For each head that was cut off, two more would grow in its place.

      Hercules' solution was to use a torch to cauterize the wound. I don't see the RIAA finding anything like that...

      An alternate solution that was proposed (I think in the comic strip Sluggy Freelance... I'm not sure) was to keep cutting the heads off until you were left with hundreds or even thousands of heads attached to one body, which then would be unable to move for having so many heads... this may be what the RIAA is going for: splinter the p2p community so many times, and into so many different factions, that nobody can share anything, because everybody is using a different program to share their stuff.

  18. Interesting strategy by Rogerborg · · Score: 5, Interesting

    I'm actually quite taken with Kazaa's strategy. It seems like they're just going to keep "selling" the name and technology to own of their own subsidiaries or spin-offs, then fold whatever part of the company is currently being sued.

    Of course, it's a scam, and the [MP|RI]AA can just pursue the new owner... who can just sell on the name and technology, and fold. They'll have to actually go after the owners personally, which is a completely different proposition.

    I'm not exactly enamoured with Kazaa (gnutella for me, thanks), but I think they've hit on the only possible defence to the "litagate them into submission" tactics that the [MP|RI]AA are increasingly turning to. However, it's yet another indicator that if you want to start an innovative business, don't do it inthe USA, or in anywhere with strong treaties with the USA. That part is very sad.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Interesting strategy by mshiltonj · · Score: 5, Insightful

      ... yet another indicator that if you want to start an innovative business, don't do it inthe USA, or in anywhere with strong treaties with the USA.

      I mostly agree.

      If you clarify by saying "innovative and disruptive" business, then I think you are 100% correct. You can be innovative, but you can't disrupt revenue streams of larger corporations.

      Innovation may be tolerated, depending on circumstances. Disruptive technology will be eliminated at all costs.

    2. Re:Interesting strategy by gilroy · · Score: 2
      Blockquoth the poster:

      If you clarify by saying "innovative and disruptive" business, then I think you are 100% correct. You can be innovative, but you can't disrupt revenue streams of larger corporations.

      I don't think you can have innovative technologies that aren't disruptive. If it plays nicely with what's come before, it's evolutionary, not revolutionary ... and it's a doomed revenue stream.
    3. Re:Interesting strategy by sheldon · · Score: 2

      However, it's yet another indicator that if you want to start an innovative business, don't do it inthe USA, or in anywhere with strong treaties with the USA. That part is very sad.

      You can start a innovative business in the US, you just need to know who to talk to. Maybe they could hook up with John Gotti, Jr. or one of the other bosses who have a lot of experience setting up innovative businesses in the US. I'm not sure how you get in contact with them though as part of the secret of running an innovative business is to keep under the radar.

    4. Re:Interesting strategy by shren · · Score: 2

      If it doesn't disrupt someone's revenue stream, it can hardly be considered innovative.

      --
      Maybe the state's highest function is to grind out insoluble problems. (Zelazny, Hall of Mirrors)
    5. Re:Interesting strategy by gwernol · · Score: 2

      If it doesn't disrupt someone's revenue stream, it can hardly be considered innovative.

      What about PDAs? They are innovative without disrupting existing revenue streams. They might have had some marginal impact on a few laptop makers, but they essentially created a new market rather than disrupting an existing one.

      There are also technologies that are initially not disruptive, but later become so. The cell phone is a good example of this. We may eventually only have cell phones and land line will become obsolete, but this will happen so slowly that the disrupted industry doesn't notice.

      --
      Sailing over the event horizon
    6. Re:Interesting strategy by gwernol · · Score: 2
      Innovation may be tolerated, depending on circumstances. Disruptive technology will be eliminated at all costs.

      Two counter-examples:
      • The PC - essentially destroyed the existing computer industry. It won despite opposition because it was so compelling.
      • The Internet - highly disruptive to a number of industries. It won because it hit several existing industries hard and didn't compete wholly with one, so the opposition was split.
      --
      Sailing over the event horizon
    7. Re:Interesting strategy by mshiltonj · · Score: 2

      Good counter-examples. I was being hyperbolic in my earlier post.

      I would also add that neither of the examples offered a business entity to target for elmination. Both the PC and the Internet we based on open standards where anyone could participate.

      This might bode well for Linux as an OS also.

      However, a precedent has been set for suing an 'industry' with the tobacco settlement a few years ago. I hope no one tries to sue 'open source' and name all the companies involved as defendents.

      In any case, I don't know of a specific business entity that was allowed to be disruptive without the eventual litigation and legislation? Does Amazon count?

    8. Re:Interesting strategy by Chris+Johnson · · Score: 2
      Oh, c'mon- you can start an innovative business. It just can't be based on siding with ordinary citizens against an entrenched corporate interest. Not EVERYTHING innovative is identical with sticking it to Da Man.

      I've been starting up a guitar effect box business and the products I'm making are loaded with innovation, up to and including the sheer minimalism of them, which demands matching innovation from the player (get the sound out of your fingers, not by twisting knobs and choosing presets). In this day and age with 'auto-tune' and Pro Tools, this approach is entirely innovative, plus it sounds a hell of a lot better. What it DOESN'T do is start an argument about intellectual property. You don't have to be pissing somebody off to be innovative :)

      -1, insufficiently ontopic ;)

  19. It's not really about free ads, though by e-gold · · Score: 2, Insightful

    And IMO it's not even about their experience with VHS time-shifting and video sales making them more money after they complained, as you correctly pointed out. (Of course, they also get a tax on blank media, still, for some reason...)

    I think the real conflict is about control. Control of artists, users, and any possible bottlenecks between them are therefore a GOOD thing, to the RIAA, because that's control and they fear losing control even more than losing money -- even if it would lead to a better product for consumers (or better compensation-levels for musicians, who must also be controlled).
    JMR

    (My opinions only, nobody else wants 'em anyway.)

    --
    Try e-gold - (contact me). I'm NOT e-
  20. Parasites deserve to go under by Dynamoo · · Score: 2, Informative
    These people not only steal other peoples music, but the scumware that gets installed onto your PC steals commissions from website operators.

    Check out scumware.com and Parasiteware for more info on these. Another case for AdAware!

    --
    Never email donotemail@WeAreSpammers.com
  21. Re:In a similar vein by plumby · · Score: 3, Informative

    Just because you're right doesn't mean that you aren't going to lose in court. See the McLibel case for a demonstration of this. If someone else has enough money and you don't, then you are almost definitely going to either lose the case, or are going to end up settling out of court because you can't afford to carry on. It's nothing to do with right or wrong.

    I'm not claiming that Kazaa are right, but their moving to Vanuatu proves nothing.

  22. More in-depth article at CNET by silvaran · · Score: 4, Informative

    CNet has a longer article with quotes from testimony, etc. @ Kazaa, Morpheus legal case collapsing.

  23. bye bye kazaa by hopey · · Score: 3, Informative

    this works for me:
    mldokey open source edonkey client for most unix platforms.

    hopey

  24. Re:How far do you want to extend this argument? by jukal · · Score: 3, Insightful

    >Ok, how about I create a website which allows people to submit houses that are worth breaking into and also lets other people

    Yes, go ahead, I think you should have all the right to do it. Your system could be used to post anything, for example the best clip from your porn collection. It could be also used to post stolen credit card IDs, or a picture of you and your dog doing something kinky.

    Still. THE SOFTWARE IS NOT TO BLAME. Software does NOT know whether the data posted there is criminal or not. The people who post it do know it. People are to blame, the people who break into houses, sell the goods, or other stolen information such as credit card data, or house key info.

    Even how hard it is to catch these individuals, you cannot start blaming sunpoints for stealing you copyright.

    Your argument is void.

  25. Kazaa without Authentication? by Slashamatic · · Score: 2
    In my understanding, Kazaa relies on user/client authentication by a server. This will ensure that the client is the one that is full of spyware etc. However, it was determined during the Morpheus collapse that if there was no logon server, the older Morpheus client could contuinue (it was just a one-time lock out in the registry that prevented the client from continuing).

    Is this true? Regrettably, Gnutella doesn't seem to be as effective for P2P, so it would be good if Kazaa clients can continue. In particular, it is plagued by tar-pits, that is people setting themselves up as supernodes or for unlimited uploading without having adequte processing power or bandwidth.

  26. Do the RIAA/MPAA really stand a chance? by miffo.swe · · Score: 2, Interesting

    I for one dont think so. First of all Kazaa, Morpheus, Bearshare etc is one of a wast number of ways to get illegal content from the internet. FTP, Friends, IRC, SMB shares, Usenet, maillists with ftp addresess sent out etc. etc. The dont stand a chance to close down much. Especially since they havent got a fixed target. They try to get the biggest players down but there are quickly someone else there to fill the gap. How can you shut gnutella? Shut bearshare and then someone else sets up a hosts cache in tanzania, uzbekistan or perhaps write the ip with laser on the moon where noone have jurisdiction.

    They are fitghting a loosing battle and hsould rather think about how they can make money on this. To shut filesharing down is probably not possible.

    --
    HTTP/1.1 400
  27. copyright violation eh? by shd99004 · · Score: 2

    Filesharing tools doesn't violate copyrights.
    People violate copyrights.

    --
    Will work for bandwidth
  28. Re:How far do you want to extend this argument? by CodeMonky · · Score: 4, Insightful

    Using your logic here are RIAA's next targets:

    Every web server creator since they allow people to post listings of songs they have

    Sue wc3 for their html that allowed you create the html used on the formentioned web server

    Perhaps IEEE and IETF and whoever else is responsible for tcp/ip without which these web servers couldn't run so we must stop the use of tcp/ip

    Come to think of it, the cable companies and phone companies and every ISP in the world for providing the physical transport for these evil p2p networks, yes I realize that some people actually use the internet for real work, sucks for them we have people stealing songs here people.

    You have to go after the users, its the only way that anythign will be accomplished. YOu shut down one p2p network, 3 more will spring up.

    --
    --"Karma is justice without the satisfaction"
  29. P2P Company Ownership by Organic_Info · · Score: 3, Funny

    How about P2P company ownership - i.e. an ownership token can be passed through the network. Each time legal action is instigated against an owner the token is passed on.

    The cost of constantly instigating action against an "owner" would cripple potential action

    -

    Hmmm this could do more harm than good in the long run. I personally think there are to many people who don't want to take responsibility for their actions. Perhaps its time tht everyone took on the industries and knocked it through their thick heads that people are tired of being ripped off.

    But hey I won't hold my breath and expect to see that sort of consumer action in my life time (if ever). We live in a flock (as in sheep) society - easy pickings for the wolves.
    .

    --
    "Things that you own end up owning you" - Tyler Durden (via Diogenes of Sinope).
  30. Time to switch yet again... by Juju · · Score: 3, Insightful

    Ok, so after Napster, Morpheus/KaZaA, people will now use Direct Connect...
    Or usenet, or message with FTP upload/downloads.

    When will RIAA and co understand that there is NOTHING they can do about P2P and data exchange!

    Unless they manage to somehow stop the internet as we know it, but I don't think they can get away with that kind of murder...

    --
    Black holes occur when God divides by zero.
    1. Re:Time to switch yet again... by johnos · · Score: 2

      Two years ago, you were right. But the RIAA et. al. are not as dumb as they seem. They are using the "nothing they can do about P2P' in a so-far successful attempt to gain far more control over the use of their "products". Call it a counter-revolution.

      If they can gain control over when and how their products are used by the mass market, then the existence of marginal P2P networks will become nothing more than a bother. A cost of doing business. Meanwhile, Disney and WB will be collecting $10 a month from millions of households for access to their content. Plus the pay-per-use fees.

      If the RIAA and MPAA handle this right, and get some lucky breaks, this could be the best thing that ever happened to the entertainment business. In that light, their present spin/lobby/litigate strategy makes perfect sense.

    2. Re:Time to switch yet again... by Juju · · Score: 2

      Yeah, but how are they going to enforce that?
      Having CD players, amps and all the Hi-Fi stuff use coded signals? That's not going to work because the public will never buy those!

      Or buy adding tax on every computer, modem or whatever can be used to transfer music/films (like they did for the blank CD tax?)
      I don't think the PC manufacturers or users will accept that!

      I think RIAA is fscked and that by going on that way, they will only loose more and more business. Funny how the claimed 20% loss started after Napster was killed!

      I have not bought a CD from a non-independant label since... Same with going to the theater, I just stopped watching the crap they are trying to feed me! They are just hurting themselves by bringing all this bad publicity.

      --
      Black holes occur when God divides by zero.
    3. Re:Time to switch yet again... by Alsee · · Score: 2

      Having CD players, amps and all the Hi-Fi stuff use coded signals? That's not going to work because the public will never buy those!

      They will have no choice except to buy them if no compliant devices are illegal. That is the purpose of the CBDTPA they are trying to get passed into law.

      Or buy adding tax on every computer, modem or whatever can be used to transfer music/films (like they did for the blank CD tax?)
      I don't think the PC manufacturers or users will accept that!


      You said it yourself - they've already been pulling it off on blank media.

      Just because what they want is obviously insane doesn't mean they can't pull it off. All that is required for evil to triumph is for good men to do nothing. I am in a position where I may actually get to speak to a congressman/senator at some point. You can be sure I will raise some of these issues.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  31. Did you read about Altnet? by techstar25 · · Score: 2

    Apparently they are going to start charging for search results on their p2p network. Here is a quote from the article about what they are rolling out.
    "These technologies include TopSearch, a sponsored link engine that enables content owners to promote their content and receive preferred placement in P2P search results".
    Sound familiar? Sounds to me like RealNames and we all know how successful that was.

  32. Re:Who cares by liquidsin · · Score: 2

    fantastic. I'm glad they have a nice *program*. Now let's compare the number of actual users and files shared on the network. I'd bet kazaa wins that one no problem.

    --
    do not read this line twice.
  33. Ummm.. you want music? by LightJockey · · Score: 3, Informative

    Hasn't anyone here heard of AudioGalaxy? If I want pr0n or movies, then I'd have used Kazaa, but for music I always use AG Satellite... surprisingly their music dBase is a LOT bigger, plus they actually host indie artists whose music you are free to download without ANY copyright (ok, I might not be using the right term here so no post-whippings! :) )

    Put it this way... if you want commercial stuff, look on Kazaa. If you want that, plus lesser-known, indie, underground, or even oldies, go AG.

    You can always go old school too, since AG has a "backup plan" in case somebody goes after them for their sharing. They've been offering an FTP search database as well. I still remember that back in the day when it was called the Borg Music Search.

    --
    Mouse, Mice. Goose, Geese. Moose... Moose?
    1. Re:Ummm.. you want music? by British · · Score: 2

      AG is great, but more and more "commercial' songs are getting flagged as being copyrighted, hence the X on them. Getting a bit frustrating, but there's always ways around it, usually by switching the artist name and song around.

  34. Re:How far do you want to extend this argument? by orkysoft · · Score: 2, Interesting

    Then what about that site that listed the names and addresses of doctors that perform abortions?

    --

    I suffer from attention surplus disorder.
  35. Re:Don't worry, our hands are clean! by Beliskner · · Score: 2
    Technological change has always been opposed. I remember reading that when automobiles were first invented, the horse'n'cart lobby were opposed to allowing cars on the road because they would take away their business. The Government argued it was their road, but the horse'n'cart lobby said that cars on the road would scare horses, causing them to bolt, resulting in a runaway carriage and the harm of people.

    There's nothing that any Government as a whole would be more scared of than endagerment of the public. So the introduction of automobiles was delayed. Is P2P worldwide filesharing in the same predicament?

    --
    A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
  36. Right by mindstrm · · Score: 2

    I normally bash open source hippie zealots.. but this is one case where an open protocol with some solid open clients is the only thing that will survive, because it doesn't present an easy target.

    Any p2p type app based on a single company is going to fail

  37. Re:Who cares by GungaDan · · Score: 3, Informative
    I've been waiting for the new WinMX since last August or so, when they first posted on their site (www.winmx.com) "version 3 coming soon." A PC Magazine review back in January or so indicated that verion 3 would be out "by the time you read this." Turns out version 3 was never released, so version 3.1 is now up to bat. I can't wait to get home and try it out.

    WinMX slaps the shit out of Kazaa any day of the week, for selection, for not discriminating against high-bit-rate MP3s, and for fitting on my screen in its entirety, without obnoxious lateral scrolling. Now that it has "swarm" downloading, I expect it will far surpass the old WinMX 2.6 in terms of DLer satisfaction.

    But as to the question of content available, I've always found the WinMX network to be comparable to, if not better than, Kazaa. Just my experience, but I'd suggest that it's worth a try.

    --
    Eloi are stupid, throw morlocks at them!
  38. Re:How far do you want to extend this argument? by r_barchetta · · Score: 2, Insightful


    Questions/points of interest:

    1) If you buy a CD when did you get the right to distribute copies of the contents?

    2) Granted, making a copy of a song for yourself or even a friend is one thing. But is it not something else to make the entire contents of a CD available for who knows how many people to download? The scale on which this happens changes the perspective. It may be a simple act to copy a song but that act does not exist in a vacuum.

    3) Perhaps someone should copy your credit card number, SSN, name, birthday etc etc. After all, it's just a copy and you've lost nothing. So it doesn't hurt anyone if other people use that information too. Yes, this is an extreme example and not exactly the same thing. My point is that just having a copy of something is not always harmless. When you say no one loses anything when a song is copied it seems as though you forget what's lost is the artist's power to decide how their music should be distributed. If they don't want to give it away for free why do you get to decide that they should? (Keep in mind that format/space-shifting or a copy for a friend is not the same thing as en masse file-sharing.)

    4) Copying a song and not watching TV ads aren't exactly the same thing either. The tv networks sell spots to advertisers. The advertisers only make their money back if the product is good and people buy it. I feel this has little to do with whether or not I see an ad on TV. It has more to do with the quality of the product. If it turns out to be something I need I'll buy it but it won't be due to some stupid ad. Conversely, I see lots of ads on TV for things I'll never buy. Am I still stealing the TV broadcast? Nope. The difference here is doing without. If I don't buy something adverstised on TV (whether I see the ad or not) I'm doing without the product. When someone copies a song and doesn't pay for it they get to enjoy the song without rewarding the creator.

    5) What is so strange about this: Product exists. See/hear product. Pay money for product. Have product. That's been the basis of our economy for how long now?

    6) It's worth repeating the radio stations pay by the bucketful to get to air songs for us to hear. That's how the RIAA justifies your ability to tape songs off the air. As well, blank cassettes cost what they do because some of that money goes back to the labels to make up for supposed lost sales due to copying. Your cassette recorder has a charge like this buried in its cost too. And, the quality of taping a song of the radio is nothing like buying a CD or even a cassette. Sound quality is low for radio broadcasts anyway, plus you have to listen to dumbass DJs talk over the songs.

    7) How many people would use P2P file-sharing systems if they had always been on a few-cents-per-song-downloaded fee system?

    Of course, I'll get ripped to shreds for "being on their side" even though I am not. I just think this is a sensitive issue. And because some people want to just download songs and not reward the artists the rest of us have to make up for it. The more people engage in what the RIAA feels is illegal behavior the less they will feel we have anything valid to say.

    -r

    --
    Just because something is free does not mean you have to take it.
  39. Re:How far do you want to extend this argument? by gilroy · · Score: 2
    Blockquoth the poster:

    3) Perhaps someone should copy your credit card number, SSN, name, birthday etc etc. After all, it's just a copy and you've lost nothing.

    No, it's not at all the same thing. The things you mention are valueless in themselves but serve as keys to more worthwhile resources. A Brittany Spears song does not serve as a key to anything else. It is enjoyed (or not) but it is not an authentication system.
  40. I'm sure limewire (gnutella) is loving this... by powerlinekid · · Score: 3, Informative

    Napster, scour, kazaa... all it goes to show is that commerical p2p has its flaws. The problem from what I can see is that they try to retain some control of the network, at which point RIAA says "Hey, you can stop this at anytime, do it!" and they have to. However, I'd love to see them go after gnutella. With dozens of free (beer and/or speech) clients and a pretty much completely decentralitized network there really is nothing they can do about it. Unfortunately there isn't too much on gnutella (content wise, as compared to fastrack) but when they're the last game in town I'm sure it'll get better. I'm sure limewire (the commercial gnutella company and yes they give it away, but they still sell stuff) loves this. They easily have the best gnutella client (morpheous has some stuff to work out) which is multi-platform and would probably love to have kazaa's share of the population.

    --

    can't sleep slashdot will eat me
  41. Re:How far do you want to extend this argument? by CodeMonky · · Score: 2

    Holy crap I can't believe I forgot about that. You are so right. Damn those plastic companies.

    --
    --"Karma is justice without the satisfaction"
  42. Re:How far do you want to extend this argument? by Reziac · · Score: 2

    I'd extend this even further, to include ALL networking software right down to the home network level. After all, we can't have you listening to your sister's music over your home network, that would be piracy per the RIAA. Drag 'em off in chains!!

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  43. Re:How far do you want to extend this argument? by Amazing+Quantum+Man · · Score: 2

    Uh, that would be the Department of Defense.

    IP is MIL-STD-1777 and TCP is MIL-STD-1778.

    Somehow, I don't think that the RIAA want's to go up against guys with tanks...

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  44. Poetic... by Amazing+Quantum+Man · · Score: 2


    It couldn't have happened to a nicer spyware distributor...

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  45. MP3@192 can equal CD quality by yerricde · · Score: 2

    MP3 quality is a far cry from CD quality, afterall.

    Not always. A specific preset in LAME 3.92 will provide transparent reproduction at an average data rate of 192 kbps. Read the "quality" section of r3mix.net to learn more.

    --
    Will I retire or break 10K?
  46. Re:How far do you want to extend this argument? by Fjord · · Score: 2

    Again, it would be wrong to prosecute the software companies that made the software that hosted that site, because the software doesn't know that the content was illegal: the person who posted it does.

    How did you think that case was different?

    --
    -no broken link
  47. Re:How far do you want to extend this argument? by VivianC · · Score: 2

    Ok, how about I create a website which allows people to submit houses that are worth breaking into and also lets other people search for those houses in their area.

    Your statement is biased and has no relation to file sharing, but I think you know that. How about this as a better example:

    How about you create a website that lists all the libraries in different areas. Then, index a list of materials that are available at each location and toss in the location of the nearest photocopiers (often found in libraries) and Kinko locations.

    Would this be illegal? Should it be? Would you sue Kinkos, libraries and the Library of Congress (who provide a great indexing system free for anyone to use)?

    This is similar to the police targetting drug dealers instead of users.

    This has got to be one of the dumbest statements I've seen today. Drug users in prison outnumber dealers over 10-1 in the United States. And remember that many states have laws that say carrying two joints makes you a dealer under the law.

    --
    Viv

    Gmail invites for ip
  48. Re:How far do you want to extend this argument? by killmenow · · Score: 2

    Sites like this exist. They are not illegal. What's your point?

    There are sites that list DRs and have notes by the ones that have been "taken out" and even encourage people to do the right thing...in that veiled sort of way that is easily interpreted to mean they are publishing this information in the hopes that someone will target and kill these DRs.

    They are still legal.

    Why? Because they are free to say they think those DRs should be killed. As sick as it may be to say that, they have the right to say it. If one of those DRs is killed, the killer is prosecuted, not the site listing their address.

  49. Re:How far do you want to extend this argument? by gilroy · · Score: 2
    Blockquoth the poster:

    I am still waiting for someone to explain to me how getting a copy of a song (whether it is downloaded or a CD is purchased) suddenly means that the consumer gets to decide what should be done with what someone else created.

    I am still waiting for someone to explain to me why, a priori and "in a state of nature", getting a copy doesn't. I actually agree that people who produce music should derive benefit from it. That is why, for example, I have never downloaded a song without approval of the holder of the copyright. (I do visit mp3.com from time to time.) However, technologically, the mechanism by which they did -- the relative scarcity of their work and the difficulty of reproducing it -- has become obsolete. It will not survive, except through legislation.


    The music industry arose not through some God-given right to make money on music. It arose through an accidental and, as we've seen, precarious set of technological coincidences. THe technology has changed -- the industry will have to change, too.


    And here's the rub: To get the state to act on your behalf, you have to make the case that it also serves the needs of the people. I happen to hold to the traditional view of copyright: It is a bargain between the creator and the public, that the public safeguards a creative work because the natural tendency will be for it to spread. But in return, the public demands compensation for the loss of the public intellectual commons. Thus everything slides eventually into public domain -- theoretically in a shortish span of time -- and certain safe harbors -- fair use provisions -- are created.


    If anything, it is the content providers who have been cheating on this relationship. They have demanded draconian legislation that "protects" fair use rights by excluding the exercise of fair use rights; they have proposed legislation that gives them total access to and control of any electronic device anywhere that can conceivably deal in digital data; they have used lawsuits and threats of lawsuits to muzzle those who've point out flaws. The Content Cartel has not played fair with us, and now we're expected to play nice with them? On their terms?


    Nobody weeps for the buggy-whip makers.

  50. Re:How far do you want to extend this argument? by Loki_1929 · · Score: 4, Insightful

    You have to go after the users, its the only way that anythign will be accomplished.

    And this got a score of 4 for insightful?

    Think about this for a moment, we had roughly what, 50, 60 million people worldwide using Napster at its height? At any given time, Kazaa has a couple million on, so we can assume their average daily user list is somewhere in the neighborhood of 20 - 30 million people. Morpheus/gnutella has good numbers, as do several other networks. Then we factor in IRC, usenet, etc.

    So you, a large corporation, are going to begin suing some 20 - 60 million people? Ok, let's assume the RIAA and MPAA join up in some joint venture created specifically to pool all their resources for this.

    Lawyers needed? Somewhere between 40 - 100 million. Assuming they'll work for a sum of $75/hr (a bargain) on average, that brings us to an approxamate cost of $5,250,000,000/hr. (yes, that's billion with a B) The newest star wars installment made about $130million on the first weekend, and that would cover your legal fees for about 9 minutes. So then you say, "well, silly, they wouldn't sue them all at once, they'd spread it out!" What a great idea. Assuming 70,000,000 lawsuits at 100 lawsuits filed each month, you would spend the next 58,000+ years prosecuting people. Now, I'm no doctor, but I don't think people live that long. In any event, the cost in legal fees for suing even 1% of the users is so astonomical that not even Bill Gates could fathom doing it in his wildest dreams. But there's more.

    Two problems relating to one another: 1) Consumer backlash, 2) government backlash.

    Now, when you and about half your friends are being sued by a major corporation, I don't think you'll be jumping to buy their product. The roughly 70 million people (a good 40 - 50 million are US citizens) that you're suing are going to be pretty pissed, and will start organizing to fight you. This brings us to our next problem. If I were running for office, (let's say... President?), I could get myself somewhere in the neighborhood of 30 million votes simply by taking a strong stance against "the evil corporate empires" of the entertainment industry. And if I were going for re-election, I'd start issuing EO's (executive orders) like they were candy effectively putting an end to major media companies. But just in case you thought that might not do it, next we move to Congress. Same thing, they all want re-election, and with millions being sued, this becomes a major issue. Now, do you go to your district and tell people that it's all their fault and they shouldn't have been stealing content? Well sure, if you don't like your job. What will really happen? They'll take a firm stance against the media companies and legislation will be passed 10 times faster than the laws passed following Sept 11. The entertainment industry will be so incredibly screwed by the new laws that they won't be in business for long. No amount of money talks to a congressman when their constituents are up in arms about something.

    So where does this leave the entertainment industry? At an impasse. They have a few options here: 1) continue suing P2P networks, which after a while they'll start losing the cases, but no matter what, it will never end file sharing. 2) Come up with better digital rights management technology, which will cost millions in research and be broken by a 15 year old kid. 3) Sue ISPs, server owners, etc, whose legal teams in many cases match those of the RIAA and MPAA. 4) Lobby for legislation, which is getting less and less likely to work, seeing as tech savvy folks are now mainstream for the most part, and will fight things like the SSSCA whenever they come around. 5) Relinquish all rights to copyrighted works and go into immediate Chapter 13 liquidation, (just kidding). 6) Change their business models to use the internet for their benefit.

    I'd like to take option 6 a little further for a moment. Assume this, the entertainment companies offer reasonable licensing terms to webcasters, somewhere around the middle between CARP's recommendations and what the webcasters asked for. They then set up internet sites with both streaming and downloadable music and movies, offering them in secured formats, but giving the OSS community access to the information about the formats required to build players and ask for their help in building secured players for Linux/*nix's. Offer these movies and music at either pay-per-use prices or as a straight download price. Say a dollar per song downloaded and $3 or $4 per movie downloaded, with the streaming PPV costs being mere fractions of that. Offer a complete linup of music, starting with the most popular and adding music as quickly as possible with easy to use searchs for song names, artists, and lyrics. Do something similar for movies, allowing searchs for movie titles, stars/co-stars, producers, etc. Offer the movie for download before it's even out on DVD, thus steering many people towards the internet service. Offer a simple web interface similar to P2P apps currently out, and use a simple account management system allowing for an easy download/stream of content. (ie. you point, click, watch) You'd instantly see a drop in piracy to the tune of probably 70% or better for music and movies. At the same time, the amount of money coming in would be incredible, and lawsuits against P2P networks etc could be dropped, thereby lowering legal costs. Easy to get, readily available, reasonably priced content is the way to stamp out piracy. Who the hell would search for 20 minutes to find the right version of a song they want to download when it's just $1 to get it from the music company, giving you a legitamate, high quality copy of the music? Who would spend 10 hours downloading a lousy copy of a movie when they can find and get what the want for $4, not have to worry about poor quality, and have it download much faster? Just an idea, but I think it's one that would make billions for the entertainment industry, and would silence most of their P2P-using critics.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  51. Re:How far do you want to extend this argument? by Alsee · · Score: 2

    Somehow, I don't think that the RIAA want's to go up against guys with tanks...

    I dunno. In a battle between Lawyers and Tanks I wouldn't be supprized to see the tanks come crawling home crying "Mommy!"

    The military may have a bigger budget, but when it comes to congress, the military walks in saying "please". When The MPAA/RIAA/Lawyers walk into congress they come in saying "Who's your daddy!"

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  52. What else are they going to say? by aquarian · · Score: 2

    Of course they're going to blame their failure on the RIAA or whatever. It sounds reasonable to most people, and therefore is a great face-saving excuse. "We had this brilliant idea, and it would have all been great except for THOSE GUYS!" Gimme a break. Do you really think they'd ever admit their business just plain failed, especially with such a handy excuse being available? I'd take this one with a big grain of salt.

  53. Re:How far do you want to extend this argument? by Alsee · · Score: 2

    6) Change their business models to use the internet for their benefit.

    I agree with almost all of what you said, but I would like to comment on one point...

    reasonable licensing terms to webcasters, somewhere around the middle between CARP's recommendations and what the webcasters asked for.

    You fell into an RIAA trap here. Webcasters just want similar rules at traditional radio-casters. Sounds pretty reasonable to me. Guess what? They are *already* paying the same fees radio-casters do.

    When someone asks for something insane you tell them to go to hell. Meeting them "half-way" is not a reasonable compromise. Same goes for the CBDTPA - don't ever let anyone think "half-way" is reasonable. Hell, even if "they" compromised 90% of the way on the CBDTPA and we compromised 10% of the way, it would still be unreasonable.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  54. Does this mean... by talks_to_birds · · Score: 2
    ...that the stupid KaZaa software will stop relentlessly trying to connect to a dynamic IP that does'nt have KaZaa running on it?

    The utter idiocy of the "designers" of the software is evident if you've ever watched your firewall deny KaZaa SYN packets for sometimes hours, all from the same source IP's, as they mindlessly try to connect to a KaZaa host that's no longer on the IP you've just inherited.

    Although it's hard to imagine, KaZaa is 'way worse that Yahoo! chat hosts trying to connect to a chat host that's long gone.

    Idiots...

    t_t_b

    --
    I'm on PJ's "enemies" list! Are you?
  55. Serves them right by bengoerz · · Score: 2

    After what Kazaa did to MusicCity Morphius (eg. forced them off their joint P2P network without warning), it serves them right! In a market that is based entirely on appeal (generally from reputation) and customer satisfaction, how can any P2P service try to play "hardball" with its "competition" and expect to come out ahead? I'm all for the Napster-esque services, open source, and variety, but I can't see how any P2P services can survive an RIAA onslaught without a glowing reputation, a strong userbase, and the respect of the P2P community. Kazaa, obviously, did not have all of that.

  56. Support Open Protocols!!! by Jagasian · · Score: 2

    This is why its important to support open P2P protocols such as GNUtella. Several great GNUtella clients make using the network a snap. I recommend either Gnucleus or Xolox. Both connect to the same distributed GNUtella network and both are free to download and easy to use.

  57. P2P is not just for copyright infringement!!!!!!!! by moncyb · · Score: 2

    And yes I am aware that legitimate artists use P2P to distribute their work ... perhaps they should try mp3.com

    So you're saying that "legitimate artists" shouldn't be allowed to distribute their own copyrighted work in the way they see appropriate? Well, I'm glad that you at least acknolwedged that there are "legitimate" artists outside of the RIAA!

    P2P is just a way of transporting data. It shouldn't be banned anymore than HTTP, IRC, FTP, TCP, or the telephone system.

    And no, I'm not a troll, but I suspect that the illegal-mp3-downloading moderators will think otherwise.

    I don't think you're a troll! ;-)

    P2P can do more than just share music--it can share any type of file. It also can be used for real time chatting and group messaging. Think Usenet, the WWW, and IRC/IM all in one decentralized (meaning you're not dependant upon crappy unstable ISP's or spyware companies' servers) package. I imagine P2P technology could also make it possible to create citywide intranets that aren't reliant on any ISP or servers. Just think: plug in a wireless network card and some software and go. No need to find an ISP--you can play games, send messages/files without intervention or assistance from any specific organization--just like the internet used to be.

    Back to the bastards: The entertainment cartel mostly seems to go after third parties instead of the people who are doing the copyright infringement. Like universities who were merely providing internet access for their students--they didn't tell the students to use Napster--they didn't even say anything about Napster--the students found and used that program on their own, yet universities where named in the lawsuit!!! That's like suing a telephone company because someone had played music through a long distance phone line. How could the telco be responsible for that? The universities?

    Their whole plan appears to attempt to maintain their monopolistic position and control the internet rather than stop copyright infringement! Copyright infringement was around long before it was viable on the internet. Ever hear of anyone taping off the radio? How about copying audio/video tapes of copyrighted material and giving them to friends? Just because it is possible for a device to do something illegal, and some people do it, it doesn't mean that device should be banned. There are thousands of illegal things that could be done with a hammer or a car or a cat or a peice of wood. Why not ban those too?

    It's the entertainment cartel's fault that P2P is mostly used for "pirating" because they're the ones that were screaming that P2P was only intended for "stealing" their music, and so people heard that and thought: "I can get free music if I run this P2P thingy? Cool!" P2P could do so much more. However stupid people like you and stupid people that believe you have amplified these misconceptions about P2P systems--thereby causing them to be mostly used for such purposes.

  58. P2P chatting by moncyb · · Score: 2

    You can chat on Ka[a]za[a]?

    Yeah, at least that's what my roommate told me (he uses Kaazza) From what he said it doesn't sound too useful as you could only talk to someone who owns a specific file.

    However, there are P2P systems that have IRC like chat channels and Usenet like messaging. The Circle is one.

  59. Re:Who cares by TheOnlyCoolTim · · Score: 2

    You're complaining that it's only good for pop music, but at the same time complaining that you're having problems finding MOVIE SOUNDTRACKS?

    Now excuse me while I go download my pop music such as A Silver Mt. Zion, Godspeed You Black Emperor!, Autechre, Merzbow...

    By the way... search for Indiana Jones...

    Entire "Temple of Doom Soundtrack", 128Kbps though, on a T3 (i tried it, connection maxed out my DSL Line), and 320Kbps of the entire "Raiders of the Lost Ark" soundtrack on Cable, plus assorted stuff from "The Last Crusade", along with a few video files of each, and apparently some ROMS of Indiana Jones NES games...

    Tim

    --
    Omnia vestra castrorum habetur nobis.
  60. Re:Jesus christ... by Wakko+Warner · · Score: 2

    In my book blowing WTC and Wall Street was OK, after all Wall Street didn't hesitate to destroy our childrens' careers by creating the tech bubble and Enron debacle.

    You're either the worst troll or the stupidest person I've met.

    Sadly, I'm placing my money on Door #2.

    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  61. Re:Jesus christ... by Beliskner · · Score: 2
    I understand. It's not unusual to be in denial that nuclear weapons would be used by binLaden if we had waited a few years under Bush's old isolationist policies. These weapons far outclass the WTC attacks, if used nobody within 100 miles of NY would be alive and all buildings including WTC would have been completely obliterated. With airline security as it was the airline attacks were relatively cheapskate to implement. I don't think you understand how easy it is to make a nuclear weapon

    I would love to take your sheltered American world view of "aaaah my golden retriever is so cute", but some of us live in the real world and see real genocide. My friend served as a Doctor on a ship that goes around Africa and provides medical assistance. They stopped at Sierra Leone during the rebel attacks. 5,000 people with severed hands tried to get on for treatment (see CNN archives). Obviously they don't have the funding or time to reattach severed limbs, and in hot countries the severed limb degrades quickly. They gave the minimum care, they ran out of painkiller and anaesthetic within a few minutes. All they could do is treat the stub by cauterising it with a flame, VERY painful without anaesthetic but it sure beats bleeding to death. When the rebels advanced because of their brutal tactics an American cruiser was on standby but was ordered not to violate territorial waters and create an incident. Without this protection the medical ship had to get the treated and semi-treated people off the ship, leave 2000 people untreated and withdraw. I doubt many of those people survived. All the big bad kick ass American cruiser had to do was bend the rules like in the movies and provide an escort and ground perimeter for the medical ship, but they just sat there 30 miles from the shore worried about the small print on their report to their Admirals, they just sat there while thousands of people were slughtered. And this was before Bush's isolationist policies came into effect.

    Grow up America, elsewhere in the world events happen all the time where tens of thousands of people die. Only 2000 die and 2 buildings collapse and you whine so badly. Should Britain follow this precedent and bomb the hell out of Ireland?

    --
    A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
  62. Re:Jesus christ... by Wakko+Warner · · Score: 2

    Grow up America, elsewhere in the world events happen all the time where tens of thousands of people die. Only 2000 die and 2 buildings collapse and you whine so badly.

    I think I speak for all Americans when I tell you to go fuck yourself.

    Thanks, and HAND.

    - A.P.

    --
    "Remember when the U.S. had a drug problem, and then we declared a War On Drugs, and now you can't buy drugs anymore?"
  63. Re:Jesus christ... by Beliskner · · Score: 2
    I think I speak for all Americans when I tell you to go fuck yourself.

    Thanks, and HAND.
    What's a HAND? Anyway, since you cannot argue properly please go to your local bar and start a bar fight. /. is news for nerds and if you start bar fights or give dismissive IQ=5 comments like above then you have no place here. Well actually I don't mean that, your opinion's valuable nonetheless, especially more valuable than the trolls. I should adjust this comment so that it doesn't contradict itself, but ahhh that would be self-censorship so I won't do that.

    As for what I said, here's some clarification:

    Q: Do I believe WTC attack was good?
    A: No, of course not

    Q: Do I believe binLaden could have waited until Saddam sold him 10 nukes so that he could nuke NY, Chicago, Washington, LA, etc. simultaneously? Do I believe such an attack is possible?
    A: binLaden could've waited and gotten nukes, then 10 US cities would be flattened cinders and 10% of the US population would be dead, instead of just WTC

    Q: So was the WTC attack a preferable situation to 10 nukes after a couple of years?
    A: Now how can I say "Yes" without saying I was in favour of the WTC attacks? Hmmmmm...

    Find a flaw in my logic and I'll listen. Otherwise you're just living in self-denial (Neo you should have taken the red pill not the blue one).

    --
    A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?