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Napster files for Chapter 11 bankruptcy

Joey Patterson writes "CNN Money reports that Napster has filed for Chapter 11 bankruptcy." Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better.

438 comments

  1. The funniest part... by Jucius+Maximus · · Score: 4, Funny

    ...is that Hilary Rosen probably thinks she's won.

    1. Re:The funniest part... by Fenris+Ulf · · Score: 2, Funny

      You mean he.

    2. Re:The funniest part... by Anonymous Coward · · Score: 0

      My girlfriend gave a blow job to one of the original founders of Napster.

    3. Re:The funniest part... by Anonymous Coward · · Score: 0

      > My girlfriend gave a blow job to one of the original founders of Napster.

      I got one from one of the original founders of napster.

    4. Re:The funniest part... by macdaddy357 · · Score: 1

      The recording labels and the RIAA made napster go bankrupt. Now we need to make them go bankrupt, then we can have the last laugh! Boycott the recording industy. http://www.dontbuycds.org

      --
      How ya like dat?
    5. Re:The funniest part... by linzeal · · Score: 1

      you mean it

    6. Re:The funniest part... by joshua_doesnt_know · · Score: 1

      Yeah don't buy CDs so the labels go bankrupt and then the artists have no way to produce albums! Good idea!

    7. Re:The funniest part... by Anonymous Coward · · Score: 0

      Chapter 11 isn't bankruptcy. It's business reorganization. Napster will attempt to continue operating after liqudating assets to discharge current debts to all creditors, including those holding judgments against it.

      . While it would be wrong to suggest reorganization has a high success rate, the popular press should not pen their pithy obituaries yet... oh - and Hilary, you still have time to finish your victory speech. Remember, honey, 'fascist' has two s's.

    8. Re:The funniest part... by Anonymous Coward · · Score: 0

      Well I'll see you guys on gnutella.

      I have jpeg's of Hilary going down on me.

    9. Re:The funniest part... by Anonymous Coward · · Score: 0

      >

      i can produce an album just fine. record guitars, drums and vocals with cool edit, mix them with cool edit. burn with nero. f**k the record labels

    10. Re:The funniest part... by macdaddy357 · · Score: 1

      once the current corporate robber baron record labels go away, ones that do it for the love of music could return to prominence. A lot more artists got signed to record deals and found their audiences before the music industry went totlally corporate.

      --
      How ya like dat?
    11. Re:The funniest part... by kz45 · · Score: 2, Insightful

      i can produce an album just fine. record guitars, drums and vocals with cool edit, mix them with cool edit. burn with nero. f**k the record labels

      too bad you won't make any money. Recording labels or not, the music pirates of the world will always have an excuse.

  2. Score one for the xxAA by NeoSkandranon · · Score: 1

    One down, 300 million to go. Maybe next they'll go after this pesky den of pirates I've use-er ,heard of called IRC, or this really shady place called Usenet

    --
    If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    1. Re:Score one for the xxAA by igottheloot · · Score: 3, Funny

      attention xxAA's, usenet does not exist. it's just an old fairy tale meant to scare you. please move along, nothing to see here...

    2. Re:Score one for the xxAA by Anonymous Coward · · Score: 0

      They probably can't go after IRC. It was created as a way to chat with people and nothing more. Anything extra added on to the client side is solely their responsibility.

      Plus, it's not like its centralized anyway. Its like Direct Connect (or vice versa -- IRC came first).

    3. Re:Score one for the xxAA by Anonymous Coward · · Score: 0

      i find it pretty amusing, they constantly go after the p2p networks.. imo, the heart of the mp3 scene is on irc.. i.e where the groups, gather distribute, and rip the music... ever check http://www.mp3hq.net ( the isonews of the mp3 scene) .. on most days there are 200-300 releases, that web site can only cover about half of them..

    4. Re:Score one for the xxAA by Anonymous Coward · · Score: 0

      Yes, and god help us if they find out about FTP! Or just plain file sharing! Please dont make Linux and Windows illegal!!! Help!!!

  3. let's not forget by boyko · · Score: 3, Interesting

    Napster is gone, legally they're caught, but lets face it, P2P is quickly becoming a killer app, and Napster made that possible. Brian.

    1. Re:let's not forget by Anonymous Coward · · Score: 0
      Napster didn't make that possible, it just made it popular.


      It isn't surprising that a dog walking on it's hind legs does so poorly -- it's suprising that it does it at all.

    2. Re:let's not forget by Anonymous Coward · · Score: 0

      I know this is possibly not the place to bring it up, but, speaking of killer apps and MP3's, Ogg vorbis is becomming rediculously good. I save 10 MB per CD encoding on the highest quality over 224K mp3's, and DAMN do they sound good, much better than MP3's.

      But not only that, Winamp (2.8) now supports .ogg files, and if you read the divx forums and places that advocate ripping things, you see people raving about it.

      The underground pushes the technology. MP3's were underground, now there's no one that hasn't heard of them. Oggs will be mainstream soon if the "pirates" keep pushing them.

      Soon, we'll have totally free MP3s by a totally free codec.

      ~Wx

  4. soooo.... by matth · · Score: 4, Insightful

    If I understand this correctly.. Napster is gone... which leaves now... wait.. no it doesn't get rid of sharing software.. instead we now have access to tons of FREE (napster was to be pay) sharing software for MUCH more then napster ever dreamed of when they came out..
    Want paintshop? Ok.. let me fire up KaZaa!
    Want videos? Ok.. let me fire up KaZaa!
    Want sheep? er.. that's not my department but you can probably find that on KaZaa too.

    1. Re:soooo.... by Xaoswolf · · Score: 5, Funny
      Really??

      I thought KaZaa just gave you viruses(virii??) and adware?

      Had I known you could get sheep...

    2. Re:soooo.... by Anonymous Coward · · Score: 0

      Actually, KaZaa went bankrupt a long time ago....

    3. Re:soooo.... by boyko · · Score: 1

      Want sheep? er.. that's not my department but you can probably find that on KaZaa too.

      Well, they ARE from New Zealand.

    4. Re:soooo.... by 72beetle · · Score: 4, Informative

      That's why Kazaa LITE is the bIZZomb - no adware. As for virii, just like anything else, a little common sense will steer you clear of the hazards.

      -72

      --
      -Those who dance are considered insane by those who can't hear the music.
    5. Re:soooo.... by PhxBlue · · Score: 2

      Baaaaa, humbug.

      --
      !#@%*)anks for hanging up the phone, dear.
    6. Re:soooo.... by SandSpider · · Score: 1

      I thought KaZaa just gave you viruses(virii??) and adware?


      Had I known you could get sheep...


      Sheep are freely available on Kazaa, but their wool has been replaced by pop-up ads (they're on springs), and sadly, they are usually infested with virii. But that's to be expected when you go around sharing sheep with strangers.


      =Brian

      --
      There is nothing so good that someone, somewhere, will not hate it.
    7. Re:soooo.... by Garyman_2000 · · Score: 0

      Hmm . . . why get paintshop when Photoshop is so much more readily available??

    8. Re:soooo.... by rmadmin · · Score: 1

      Kazaa light... no adware??? HAHAHA My 2k box was running tight untill I put Kazaa Light on it... Then suddenly I had adware coming outta my ears. Adaware was even having problems with it. After like a week of hacking at it, the box still isn't all that happy, but I think most of the adware is gone. Anyways, kazaa light DOES have adware.. NEENER.

    9. Re:soooo.... by billatq · · Score: 1

      yes, you're pointing to KaZaa as the new napster which is also under the legal fire of the *AAs. If you really want something, I'd suggest you go out and actually buy it instead of looking for some catch all program for all your "13337" needs. (As for the sheep..I dunno :P )

    10. Re:soooo.... by WWWWolf · · Score: 1
      I thought KaZaa just gave you viruses(virii??) and adware?

      Yes, that is correct. While it's true that average KaZaA program uses 90% of your average T1 to distribute ads to recipient computer and to distribute banner ads to another computers, the remaining 10% can actually be used to transport a lot of other interesting (if dubiously legal) things.

      Had I known you could get sheep...

      As one wolf to another: They're still much easier to get from shop. Honest. A bit more expensive, but definitely better quality. I guess the problem is that not many sheep-sharing people use the dewool(1) compression system - maybe because Winzip doesn't support it yet? =(

    11. Re:soooo.... by Anonymous Coward · · Score: 0

      Err...maybe the news hasn't hit the Colonies yet.

      http://www.theregister.co.uk/content/6/25414.htm l

    12. Re:soooo.... by compwizrd · · Score: 2

      Agreed, I had a popup come up when I was using Kazaa Lite.. May not be as many popups/spyware as the regular client, but its still there.

    13. Re:soooo.... by winse · · Score: 1

      kazaa is so 5 minutes ago why aren't ppl using the newer stuff like eDonkey or such

      --
      this sig is deprecated
    14. Re:soooo.... by compwizrd · · Score: 2

      Tried eDonkey, had problems iwth it taking up _every_ socket available. I couldn't open anything new(like loading up slashdot, etc). Soon as I closed eDonkey, things went back to normal.

      Don't know if it's a Win98 issue or what

      Even increasing the maximum sockets allowed, didn't help

  5. Ah, well. by Anonymous Coward · · Score: 0

    It's sad that it came to this, but honestly, I was wondering what was taking so long.

    Once the RIAA shut down the filesharing service, Napster, Inc. had no means of turning a profit that I could see.

    I guess they were living on credit, just trying to hold it together until Bertelsmann could buy them.

    1. Re:Ah, well. by Anonymous+Cowrad · · Score: 4, Insightful

      "Once the RIAA shut down the filesharing service, Napster, Inc. had no means of turning a profit that I could see."

      How were they making money before they got shut down? I'm astonished they lasted as long as they did, too.

      --

      --
      pants ahoy
    2. Re:Ah, well. by frovingslosh · · Score: 1

      They never had a way to turn a profit. Sure, it got a lot of use while it was "free". But RIAA or not, when they moved to a pay service they would have had much fewer users. And those users, now paying for Napster, would have been much less inclined to put themselves at risk of the RIAA and less inclined to use their own hard disk space to support a service they had to pay for, so many magnitudes fewer of files would be "shared". Given that, the few paying smucks would eventually figure out that they wern't getting enough for their money and go away. The basic business model was flawed, even without the RIAA: You can't expect your users to provide storage and bandwidth for you and expect them to pay you too.

      --
      I'm an American. I love this country and the freedoms that we used to have.
    3. Re:Ah, well. by ksi · · Score: 1

      Up until now they used venture capital to get by.

  6. Suprised? by B0bRoy · · Score: 0

    Well Napster used to depend of piracy to get the users out there... When they decided to go "straight" most users had to go somewhere else to get the same stuff they used napster to get earlier. Then they would have to market them self as a whole new product instead og thinking that their users also would stop downloading piracay mp3's.

  7. who's next? by anoopa · · Score: 2, Informative

    "RIAA Sues Audiogalaxy"

    The music/movie industry seems to be going after napster and co one after the other, with the money and clout they weld who can and will stand upto them? We can look forward to corporate networks serving you movies/music for monthly charges continuing their shrink wrap monopolies.

    1. Re:who's next? by Anonymous Coward · · Score: 0

      so when RIAA decides to stop file sharing on IRC, who will they sue then? or the binary newsgroups? how would they go about shutting them down?

    2. Re:who's next? by kemikalzen · · Score: 1, Interesting

      According to the previously posted link:

      The RIAA also has copyright suits pending against Napster, StreamCast Networks and its Morpheus software, Amsterdam-based Kazaa BV, West Indies-based Grokster, MP3Board and Madster (formerly known as Aimster).

      So there. Those are obviously next.

    3. Re:who's next? by Anonymous Coward · · Score: 0
      The RIAA is taking the wrong approach by suing people. The proper way to utterly destroy P2P networks is to destroy the integrity of the systems. Create broken P2P clients that cause server nodes to hang, share tons of popular songs that seem to be about the right size by are broken (Eminem's looping "Without Me" track was pure genius. Imagine if there were thousands or hundreds of thousands of songs on P2P networks like that.

      You wouldn't know what to download anymore because you'd be afraid of wasting your bandwidth downloading a broken mp3. Is that newest Eminem song legit or is it just a loop? I've downloaded half the song and have been listening to it and it sounds good so far... did they loop the last half of the mp3? Did they overwrite it with goat noises? DDOS the P2P systems and the teenagers will soon grow bored and tired of trying to find working songs and go back to just buying CDs or trading CDs with friends. MP3 piracy will either go back underground or will be extinguished completely. I'm not sure that's such a bad thing though. At least when you had scads of mp3's being shared among friends it was more personal.. more like sharing a CD or having them dub it to a tape for you like the old days. Nobody ever complained much about that.

  8. F*** Napster by Anonymous Coward · · Score: 0

    Napster got lame and you can't really blame Shawn Fanning. But I personally will NEVER EVER >>>BUY commercial music or software, unless it's Doom III. btw, did that opennap server ever get setup on sealand?

    1. Re:F*** Napster by ackthpt · · Score: 1
      Fair weather friend, you are. You probably thought they were great at first, but after they went to the legal bat for their rights (and yours, indirectly) you can't say a good thing about them.

      So it goes with pioneers. Anyone remember Columbia PC and the financially exhausting battle against IBM which paved the way for Dell, Compaq, HP, ad nauseum? Nah, probably not...

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:F*** Napster by Bush_man10 · · Score: 0, Troll

      I feel the same way about paying for software!! Never!!

      Isn't linux great? :)

      --
      "I believe in everything in moderation. Including moderation." -Dean DeLeo, Stone Temple Pilots
  9. FVALIDP by Anonymous Coward · · Score: 0, Funny

    First VA Lunix is Dying Post

    Napster's gone, VA Lunix can't be far behind, since it's worth less per share than A CHALUPA FROM TACO BELL

    E-Business model:

    Step #1: Give away free shit

    Step #2: ???

    Step #3: Make money!!!!

  10. A Business Failure; Not a Technological One by Onionesque · · Score: 2, Interesting

    Not every good hacker is a good business person.

    Not every great idea can be best exploited by its progenitor.

    Napster was, at worst, a means for the long-standing fact of exploitation of artists by record labels to become common knowledge. Even teeny-boppers are familiar with the concepts of mechanical royalties, publishing contracts, and "recoupment".

    Napster is dead; long live Napster.

    1. Re:A Business Failure; Not a Technological One by gabec · · Score: 5, Insightful
      I just wanted to note that this is not the death of Napster, it's simply that it's the planned way for Napster to shirk its debts before they're officially bought up by Bertelsmann... or that's what I got out of this ZDNet article.

      " Bertelsmann stepped in on May 17 with $8 million to buy Napster's assets. As part of that agreement, Napster was to voluntarily seek bankruptcy protection and emerge as a wholly owned unit of Europe's second-largest media group. "

    2. Re:A Business Failure; Not a Technological One by Zeinfeld · · Score: 3, Insightful
      Napster was, at worst, a means for the long-standing fact of exploitation of artists by record labels to become common knowledge. Even teeny-boppers are familiar with the concepts of mechanical royalties, publishing contracts, and "recoupment".

      Napster had good effects as performance art, however I always thought that the idea that Napster would make money out of the scheme was kinda wierd.

      Napster became popular by offering people something for nothing. While a lot of the criticism of the record industry is valid the justification of Napster rapidly became an exercise in rationalisation 'the record industry rips off artists, so I am morally justified in ripping them off as well'.

      The recording industry did not help in their response which completely failed to understand that the principle mechanisms that cause laws to be respected are psychological and not technical.

      However the business plans that Napster dreamt up to 'monetize' the user base they built up were pretty slimy, and it is no suprise that their replacements all specialize in propagating scumware that will report your every move to advertisers (and with the recent Ashcroft changes J. Edgar Mueller's FBI), bring up pop up ads at every turn and redirect your DNS to an Idealab! startup so that if and when new.net goes the way of Pets.com your machine will stop working and you won't know how to fix it.

      Napster as a political statement worked, but as a business it was never going to survive. Even if it had won the copyright case the inevitable outcome would have been a change in copyright law to outlaw their business - which inevitably would contain even more clauses to push copyright law in the direction of Disney and Time Warner against the public interest.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:A Business Failure; Not a Technological One by Anonymous Coward · · Score: 0

      Napster's business model was very simple.
      1) Get millions of users through providing an illegal service.
      2) Force the RIAA to turn over a cut of all online music distribution sales.
      3) Use P2P to sell (now legal) content provided by other users with very low overhead.

      The problem was the recording guys know all about rackets, and they certainly weren't going to let a bunch of pencilnecked SV VC muscle in on their turf -- even if it it meant sitting on the sidelines during the much hyped Internet Revolution.

      Now the that the 'respectable' attempts at P2P like Napster are gone, all the RIAA has to do is sit back and wait for secure online networks and hardware to be developed, and they get to keep all the marbles.

    4. Re:A Business Failure; Not a Technological One by Zeinfeld · · Score: 2
      Napster's business model was very simple.
      1) Get millions of users through providing an illegal service.
      2) Force the RIAA to turn over a cut of all online music distribution sales.
      3) Use P2P to sell (now legal) content provided by other users with very low overhead.

      The Napster service effectively made it impossible to sell music online because Napster was making it available for free.

      Using peer to peer to sell content is a quite bizare notion. If I want to buy a music track I don't want to have to wait for someone with the right track to log in so I can download it. Bandwidth just isn't that expensive. If local caching is necessary that can be provided in Akamai type fashion.

      Now the that the 'respectable' attempts at P2P like Napster are gone, all the RIAA has to do is sit back and wait for secure online networks and hardware to be developed, and they get to keep all the marbles.

      What marbles? Looks to me like the RIAA is watching its business model evaporate. CD sales were already slowing before Napster went online. Classical sales had already stagnated after people had completed transition from vinyl to CD. There were signs that this was happening in the pop area although the effect was somewhat masked by an expansion of the mid 30s to 40s market as the pop market ceased to be a purely youth phenomena.

      The recording industry has failed to work out a strategy to sell content in a format that can be consumed by the next generation distribution format - bits not atoms. Anyone who has a hard disk based MP3 player knows that it is a vastly superior format to CD, within a few years it will be the dominant format, yet the recording industry has no idea how to market to that format, except to sell me a CD and have me rip it (which they are doing their damndest to stop).

      What is really stupid is that none of the schemes proposed for DRM address the real issue - raising revenue. The RIAA is like Louis Freeh who spent his time at the FBI chasing laws to make use of encryption illegal rather than working out strategies to combat terrorism, in the RIAA's case they are spending their energy making piracy illegal but have no interest in establishing mechanisms so consumers can actually buy their product.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    5. Re:A Business Failure; Not a Technological One by TheBishop · · Score: 1
      From looking at the article, they have $7.9m in assets, and $101m in debt. The "biggest" single owing was to their lawyer, which was $2.1m. So they owe nearly $99m to a slew of people, all of which are less than $2.1m apiece. Sounds to me like they shopped suppliers until they got cut off, then moved on to another person to ripoff.

      I get the impression is the entire procedure is designed to jettison the debt, so they don't have to pay it, but Bert gets to keep their assets (WHAT assets?).

    6. Re:A Business Failure; Not a Technological One by Anonymous Coward · · Score: 0

      Thanks for the reply. I should have mentioned that Napster was just another VC crapshoot, but the odds of success were probably better than your average dot.com storefront.

      I prefer to explain the CD sales slowdown through the recent consolidation of the radio market, as well as the general economic slowdown. There's still billions of dollars to ride out until a 'better' music distribution system can be dreamed up.

      If DRM isn't a solution, why has the entertainment industry spent the last 20 years trying to dream up a way to get interactive systems into your living room? They _must_ see the revenue.

      The 'open content' Internet Boom idea of the mid-90s side-tracked them a bit, but once they get the political issue of who develops and controls the DRM and networks sorted out, they will be back trying to push that model.

  11. Oh you so funny... by essdodson · · Score: 1, Insightful

    You're sooo funny. Of course napster isn't why piracy exists. But until recently Napster's sole purpose was to feed piracy. blah blah about fair use. Just admit it, everyone used Napster to pirate the latest and greatest from Eminem, and our favorite homeboys of LimpBizkit.

    I'd have a lot more sympathy when you guys whine and moan if you'd just go ahead and say it "They suck because they're shutting down my favorite piracy outlet." Noone really believes that you're just downloading backups, or whatever other lame excuse you've got. You're stealing, you know it, I know it, now be a man about it... or something like that.

    --
    scott
    1. Re:Oh you so funny... by Anonymous Coward · · Score: 0

      I agree, all the file sharing wizardry, while truly admirable technologically and intellectually (of themselves) are nothing more than outlets for theft.

    2. Re:Oh you so funny... by Anonymous Coward · · Score: 0


      Napster was a popular piracy outlet over 2 years ago.

      It's usefulness has been dead for ages, or haven't you been paying attention?

    3. Re:Oh you so funny... by ldopa1 · · Score: 1

      Okay dokey.. I'm upset because they are shutting down my 3rd favorite piracy outlet...

      My first is my Casette recorder....

      Seriously. I much prefer LimeWire and WinMX to Kazaa anyday, and twice on Wednesdays....

      --
      The Dopester
      "Yes, I'm a Karma Whore, but I'm doing it to pay my way through school."
    4. Re:Oh you so funny... by Anonymous Coward · · Score: 0

      "latest and greatest from Eminem, and our favorite homeboys of LimpBizkit" ..

      That is the kind of music which made napster work, no one wants to pay for that crap.

    5. Re:Oh you so funny... by jmu1 · · Score: 2

      I acctually used Napster to grab old TV show themes and bootlegs of concerts that I could never in a million years make it to. In effect, I was stealing art that was inaccessible. You want to cart me off for it, come get me. I buy cds. I buy litteraly tons of DVDs. Don't tell me I'm hurting anyone. I'd still like to see the artists get the real money, not the distributors. They wouldn't even have a product if it weren't for the artists. And yes, I would buy the downloads of an album directly from the artist if it were available.

    6. Re:Oh you so funny... by carlos_benj · · Score: 1

      ....everyone used Napster to pirate the latest and greatest from Eminem, and our favorite homeboys of LimpBizkit.

      Greatest? Eminem? LimpBizkit? All in the same sentence?

      Hah! Your tastes are apalling. Everyone knows that Napster was the best place to grab the latest Barry Manilow stuff!

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    7. Re:Oh you so funny... by goldspider · · Score: 1

      I don't think you represent the majority of Napster users, who used it to download songs they otherwise didn't want to pay for. It had nothing to do with inaccessibility.

      That said, I agree with your stance on distributors vs. entertainers (I refuse to call them artists). All it is is a legalized form of prostitution.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    8. Re:Oh you so funny... by Anonymous Coward · · Score: 0

      Well, I use my CD-R mostly for piracy, so I guess YOU shouldn't be able to use one of those either, let's ban them all. Let's ban VCR's too because I taped a lot of stuff I technically shouldn't have.

      I also wrote down some copyrighted lyrics with a pen, so let's forbid everyone from using pens as well.

      As long as there's at least one legit reason for it, it should be entitled to exist.

    9. Re:Oh you so funny... by Erasmus+Darwin · · Score: 2
      "I acctually used Napster to grab old TV show themes and bootlegs of concerts that I could never in a million years make it to."

      Venues for...
      Television theme songs
      High-quality bootlegs for bands that permit concert taping

    10. Re:Oh you so funny... by anthony_dipierro · · Score: 2

      I'd have a lot more sympathy when you guys whine and moan if you'd just go ahead and say it "They suck because they're shutting down my favorite piracy outlet."

      Then Taco would have to admit that he's a hypocrite who complains when others infringe on his copyright but then goes and infringes on others' works himself.

    11. Re:Oh you so funny... by Eric+Gibson · · Score: 1

      "They suck because they're shutting down my favorite piracy outlet."

      What are you talking about? Napster was the WORST piracy outlet. I fully admit that I'm stealing when I download music I don't own and never buy, but Napster was no where near the best outlet for my mass-piracy effort.

      You're stealing, you know it, I know it, now be a man about it... or something like that.

      Whatever... loser. You're stealing from your employer right now from posting on Slashdot when you should be working. Get off your fat, four-eyed ass, AND GET TO WORK YOU SLACK-ASS MUTHA FUCKA!

      So, now that I've owned up, and "been a man about it". I can honestly say that 90% of the time things I download are either A) public domain, or B) CD's I've already bought that are scratched all to hell, C) or CD's that I go buy afterwards. I'd say that for most of my friends as well.

      Shut your mouth old man, and get back to work. You by no means have your Thumb On The Pulse Of America(tm)...

    12. Re:Oh you so funny... by Anonymous Coward · · Score: 0

      I've seen TV Theme CDs for sale, so it's not like some great lost art.

      But whatever -- Slashdot has always functioned as a sort of confessional where people could justify their copyright infringment habits. We forgive you.

    13. Re:Oh you so funny... by Anonymous Coward · · Score: 0

      not true, iv got a huge cd collection that i don't want to carry w/me to school, in the car, etc... i would rather download it off of napster/audiogalaxy than rip it from my own cds... under fair use this is my right (yes i have read the DMCA... maybe you should give it a read). it is safer for me to have my ipod and press next than reach for my x1000 cd that i want in a huge cd case. you claim that everyone uses these services for piracy... i think its 50/50

    14. Re:Oh you so funny... by essdodson · · Score: 1

      At the ripe old age of 21 I'm branded an old man? What a birthday this has been.

      --
      scott
    15. Re:Oh you so funny... by Anonymous Coward · · Score: 0

      Oh, you're ripe all right... But it has nothing to do with age.

    16. Re:Oh you so funny... by jocknerd · · Score: 1

      I'd rather listen to Barry Manilow over Limp Bizkit and Eminem anyday!

    17. Re:Oh you so funny... by carlos_benj · · Score: 1

      I'd rather listen to Barry Manilow over Limp Bizkit and Eminem anyday!

      Don't know if I'd like that mix. Are we talking Manilow melodies over an Eminem back-beat or what? Probably sound too much like the Pat Boone sings Acid Rock album awhile back....

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

  12. It's just a vehicle for theft by Gorbie · · Score: 2, Insightful

    (jumps up on soapbox)

    Folks, I am sorry, but Npaster was truly only a place where people stole copyrighted material. The arguements that it helped/hurt the industry do not matter. The arguements that they weren't hurting anyone do not matter.

    Right now sharing music in the way that we want to share software is illegal. There is no musical GPL. Even if there were, the artists who's music we want would not be released under it. Napster could have been a great place for budding artists to get some coverage. Instead it was used to get the Staind tracks onto CD without ever making it to Sam Goody.

    One of the things that would help this community tremendously is to respect the laws and try to get done what needs to be done within the framework of them. Crying out as a group because some poor little business that was struggling along broke a law and that aided in their demise is worthless.

    1. Re:It's just a vehicle for theft by cyborch · · Score: 2, Insightful

      Maybe, just maybe, people steal music because it is too expensive in their eyes. I believe (I have no facts to base this on) that many man-hours are spent calculating the right price for music (and other copyrighted material that can be pirated in this fasion) in order to make sure enough people buy the music and few enough people pirate it.

      People ignore the speed limits if they are set "unreasonably" low, and people ignore the copyright law if the copyrighted material is sold at too high a price. This is the way it is going to continue to be. P2P apps are just the latest way for people to break the laws the do not feel are just.

    2. Re:It's just a vehicle for theft by WebWiz · · Score: 5, Insightful

      I'm a songwriter, and I considered Napster to be a really great vehicle to get my music to others that would normally not get the opportunity hear it. I own my music, and I wanted to give it away free. That is my right. Are you telling me that this argument doesn't matter? Also, Napster didn't break "a law". There were no laws governing P2P file sharing technology. The people using Napster and downloading copyrighted material that they DIDN'T ALREADY OWN were the ones breaking the laws. Not the company itself....if I use my Jeep Wrangler as a getaway car in a robbery maybe we should sue Jeep for "Breaking Laws" and giving me the opportunity to commit a crime. Those Vehicle Making Bastards.

    3. Re:It's just a vehicle for theft by Xaoswolf · · Score: 2, Insightful
      Maybe, just maybe, people steal music because it is too expensive in their eyes.

      I really want a Humvee, but I probably couldn't even afford the tires for one. Does that mean it's ok if I just rip one off at the lot?

      Just because it's easy to break a law, does that mean that you should??

    4. Re:It's just a vehicle for theft by Rude+Turnip · · Score: 4, Insightful

      Everything Jesus did was illegal.

      The Boston Tea Party was illegal and involved stealing.

      The American Revolution was illegal and would be considered stealing from the king.

      Freeing slaves through the Underground Railroad in the 1800s was also considered stealing and illegal.

      See a pattern here? In the grand scheme of things, history has been determined by those who followed their hearts and did what they felt was right, rather than following the orders of another man.

    5. Re:It's just a vehicle for theft by oever · · Score: 2, Interesting

      If CD's are too expensive, then don't buy em. Instead, buy the music you find acceptably priced. Or listen to the radio where they play music for free.

      --
      DNA is the ultimate spaghetti code.
    6. Re:It's just a vehicle for theft by cyborch · · Score: 1

      I never said that kind of behavior was correct or moral - just that this is the way people act.

    7. Re:It's just a vehicle for theft by oever · · Score: 1

      Everything Jesus did was illegal.

      As far as I know he only broke a few laws of physics. But that's ok: they hadn't been formulated yet.

      --
      DNA is the ultimate spaghetti code.
    8. Re:It's just a vehicle for theft by Gorbie · · Score: 2

      If you are an artist and want to give away your music, please do so. I never said you couldn't. I am speaking of what the majority use of napster was. If you think it was something other than theft of copyrighted material, you are quite kidding yourself.

      Napster providing the avenue for the theft is an accessory to copyright violation. That is a crime. The getaway car analogy is childish.

    9. Re:It's just a vehicle for theft by dpilot · · Score: 2

      I can afford the music at $15 or $20 a pop.

      But I refuse to. Nor do I "steal" through Napster or the like.

      The fruits of the type of work I do go into things like cell phones, where decorative plastic covers sell for more than the electronics. Years back I saw the defective DRAM chips I'd designed selling for more as jewelry than good chips did as memory.

      Yet the music industry takes a product that costs $0.10 to make, pays the artist peanuts for royalties, and then sells it for $15 a pop.A significant portion of that profit goes toward promoting "stars" of marginal talent, and trying to shape public taste.

      I used to enjoy music, but the sickness of the industry has largely turned me off to it. (Granted it was helped by the "quest for silence" of early parenthood, and the general busy-ness of later parenthood.)

      I'm protesting by taking my dollars elsewhere. That's my right.

      --
      The living have better things to do than to continue hating the dead.
    10. Re:It's just a vehicle for theft by cyborch · · Score: 1

      Personally I buy the music I like in order to actually pay the musician, how else can I ask people to pay for the software I build every day? I do buy CD's. I do pay for stuff I think is of quality - I am merely saying that this is not true for everybody.

    11. Re:It's just a vehicle for theft by lactose99 · · Score: 3, Interesting

      I really want a Humvee, but I probably couldn't even afford the tires for one. Does that mean it's ok if I just rip one off at the lot?

      This is comparing apples to oranges. When you steal a Humvee, someone will be missing that Humvee. When you share a copyrighted song, no one is missing the song. The record label MAY be missing revenue based on that song, provided that you were going to buy it in the first place. I'm not saying that trading copyrighted MP3s is right (the RIAA certainly doesn't think so), but if you are going to make a "you steal from me" comparison, you need to be using the correct context.

      Oh, and to the original starter of this thread, there is a license for the "GPLing of music": the Open Audio License.

      --
      Fully licensed blockchain psychiatrist
    12. Re:It's just a vehicle for theft by cyborch · · Score: 1

      The getaway car analogy is childish.

      Untrue, the getaway car analogy perfectly describes why law making is such a difficult job.

    13. Re:It's just a vehicle for theft by ryanvm · · Score: 2, Funny

      if I use my Jeep Wrangler as a getaway car in a robbery maybe we should sue Jeep for "Breaking Laws" and giving me the opportunity to commit a crime.

      FYI - Wranglers make shitty getaway vehicles.

    14. Re:It's just a vehicle for theft by WebWiz · · Score: 1

      Geeze, I know....the money was blowing everywhere ;)

    15. Re:It's just a vehicle for theft by Ami+Ganguli · · Score: 2
      Napster providing the avenue for the theft is an accessory to copyright violation. That is a crime.

      No it's not. And you can't dismiss the getaway car anology without some justification.

      A better analogy might be firearms. Handguns have legitimate uses, but the primary use is killing people. Now when somebody gets shot with a handgun nobody talks about charging the manufacturer with murder. They do talk about banning handguns.

      Whatever your position on gun-control, that's at least a more reasonably response. If society decides that Napster-like services are bad then it's reasonable to outlaw them. It's not reasonable to hold Napster responsible for all the crimes committed using the technology.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    16. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 4, Insightful
      "I own my music, and I wanted to give it away free. That is my right. Are you telling me that this argument doesn't matter? Also, Napster didn't break "a law"."

      You're allowed to give your music away. However, the reason Napster was so popular was because of the illegal mp3 trading. There were and are venues (such as mp3.com) that try and keep things constrained to legal mp3s. Furthermore, the filtering imposed on Napster (which is a big part of what killed it) should've theoretically had a minimal impact on legitimate trading (but unfortunately, the filtering was overly broad). So in reality, the only reason why Napster was a good venue for legitimate trading was because it was using illegitimate trading as a form of marketing/bundling.

      Also, it's my understanding that Napster did get nailed for breaking laws relating to contributory and/or vicarious copyright infringement. These issues were hashed out on Slashdot awhile back. It basically boiled down to Napster being aware of the copyright infringement going on and unwilling take means to stop it when confronted on the issue.

    17. Re:It's just a vehicle for theft by TWR · · Score: 4, Insightful
      And the difference between all of these things and Napster?

      Profit.

      Napster's business model was based on stealing. Let me repeat that one more time, just in case you didn't get the point. Napster's business model was based on stealing.

      While it's likely that some of the people on the Underground Railroad were in it for the money, helping slaves isn't usually a prime source of income. You'd think turning water into wine would be a money-maker, but Jesus wasn't trying to undercut Manishewitz. And the Boston Tea Party/American Revolution? Becoming independent nearly bankrupted the colonies/states (and many of the Founding Fathers did indeed die broke). Ever heard that popular expression from the 1790's "not worth a Continental?"

      Napster deserved to go under. It's a shame that BMG has rescued them. Personally, I think it shows that BMG is either pretty stupid (as there is nothing in Napster's technology that couldn't be replicated in a matter of weeks by a competent programmer) or that they have a LOT of money to throw around.

      -jon

      --

      Remember Amalek.

    18. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 2, Insightful
      "A better analogy might be firearms."

      That analogy falls a little flat in that the gun manufacturer is not party to the event every time a gun is fired. Napster both wrote the software and continued to run the servers.

    19. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Writing the software would be akin to manufacturing the gun. It wouldn't make any difference if they didn't run the servers. Say they made it completely P2P, where the users ran their own hubs. Would you look at it in the same light then?

    20. Re:It's just a vehicle for theft by KelsoLundeen · · Score: 3, Insightful

      Well, the problem with this line of reasoning -- comparing something like Napster to so-called "great" political achievements -- is that I'm not certain Napster is pushing any philosophical, civil, or ethical envelopes. Legal, maybe -- but that's about it.

      It's about information sharing, yes. And I'll agree that information sharing is important. But in the grand scheme of things, I'm pretty certain information sharing is not in the same league as civil rights or human freedom. In fact, I *know* it's not the same league -- much as some folks wish it to were so.

      We're still too close to the Napster "revolution" (so-called) to know what exactly happened, but my guess is not much. Not much happened.

      On a more personal note, I'm repulsed by the notion that "Napster" is in the same league as slavery. It's not. Nor is it anything like a legitimate "freedom" struggle. Information is not the same thing as a human being, and the only real "struggle" at work with this P2P stuff is a struggle for control.

      There's nothing particularly interesting, provocative, or important in a struggle that pits big corporate greed against so-called "innocent" youth. The demise of Napster is not even a "triumph of capitalism." Nor is it a "triumph of global corporate control."

      It's really a triumph of nothing. And in light of human rights abuses across the globe -- including abuses here in America -- I'm not sure we can really derive any "lesson" from the demise of Napster except that, well, there's other, more important battles to fight.

      P2P is not a revolution -- not in the sense, at least, that Napster-advocates would like it to be.

      The only "triumph" at work with Napster is the "triumph" of the corporate lawyers. And unless you're one of them, pulling a paycheck from all of this, it's not much of a triumph at all.

    21. Re:It's just a vehicle for theft by Rupert · · Score: 2

      You're right. A better analogy would be:

      The markup on Humvees is outrageous. They should sell them at cost, or better yet, give them away. That means it's OK for me to drive one off the lot so long as I leave a cheque for the cost of replacing it.

      --

      --
      E_NOSIG
    22. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      And look how many more Gun related crimes the US has compared to any other country where guns are not legal.

      'nuff said.

    23. Re:It's just a vehicle for theft by Gorbie · · Score: 2

      hand gun bans mean one thing...

      the only people left with handguns will be the criminals and the law enforcement agencies....and law enforcement would be greatly outnumbered.

      Napster facilitated copyright violation on their own network daily. They knew about it and did nothing. The software was specifically designed for sharing MP3s. It was then used to share MP3s.
      Illegally.

      It's really the same arguement as whether or not a hosting service is responsible for, say, hosting a kiddie porn site. Should companies be held responsible for the content that they are serving? They ARE making money off of the service, and thereby profiting from an illegal act.

    24. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      fair use outweighs criminal use in that scenario.
      thats like saying, "oh look, I used a flower to poison someone ..now lets ban flowers"

      the minority does not equal the majority.

      the majority of uses of napster was for illegal uses. get real.

    25. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Also, it's my understanding that Napster did get nailed for breaking laws relating to contributory and/or vicarious copyright infringement. These issues were hashed out on Slashdot awhile back. It basically boiled down to Napster being aware of the copyright infringement going on and unwilling take means to stop it when confronted on the issue.

      No. That would have been OK.

      Napster SET-UP their business with the intent of allowing people to share copyrighted material, and corporate communications established that.

      You can set up a P2P network and be agnostic about what people us it for. You cannot set up a P2P network specifically or principally to allow people to share copyrighted material.

      Also, btw, a vehicle for theft specifically associates napster with criminal law. Copyright violations are civil offenses. You don't steal copyright in the same way you steal a car. When you steal a car, the car owner has been relieved of his possessions. When you copy an mp3, the owner still has his copy, although you may have hurt the market for it, and be liable for damages.

    26. Re:It's just a vehicle for theft by ceejayoz · · Score: 1

      Yeah, you're a real freedom fighter. Go back to downloading pr0n on Kazaa, will you?

    27. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 2
      "Say they made it completely P2P, where the users ran their own hubs. Would you look at it in the same light then?"

      I'm not sure if I'd consider them to be completely in the clear (especially given that there are legal implications for someone who designs a product primarily for copyright violation), but it'd definitely be a different case. Keep in mind that the interaction between Napster, the RIAA, and the courts generally related to killing user accounts and performing server-side filtering. The existence of the servers were a big part of the on-going problem.

      As things get more and more P2P, the situation gets murkier and murkier. Fortunately, there seems to be a fixed trade-off between centralized servers and easy accessibility. While I'm still not exactly happy with the piracy that a DIY P2P solution like Direct Connect provides, it at least helps prevent the case of a single, massive piracy clearing house instead forcing people into smaller communities that're harder to stop but also which have less content.

    28. Re:It's just a vehicle for theft by malfunct · · Score: 2, Insightful
      I wouldn't have a problem if #1 there was more than 1 or 2 tracks on an album worth listening to, #2 I didn't know that the cost to make an distribute a cd is more like $2 than $20, and that the artist got a resonable chunk of the proceeds (unless the artist is amazing or owns the record company its amazing if they get a per record royalty at all).

      That coupled with the fact that I know if albums were $5 on the shelf I'd buy 2 or 3 a week because it would be junk money in my pocket where at $15 I have to pull out a check and that makes me think twice.

      That said I think stealing music is wrong and thats why I support sites where artists can use alternative distribution methods. MP3.com is not the best example of this but you can sort of see what I mean.

      --

      "You can now flame me, I am full of love,"

    29. Re:It's just a vehicle for theft by xinit · · Score: 4, Insightful

      Yes, but if you drink at a bar, drive, and kill 20 schoolkids, why is the bartender sued?

      --
      --- http://foo.ca
    30. Re:It's just a vehicle for theft by The+Step+Child · · Score: 1

      if I use my Jeep Wrangler as a getaway car in a robbery

      Maybe a better example would be a lockpick? Jeeps aren't made to commit robberies, but lockpicks...

    31. Re:It's just a vehicle for theft by jandrese · · Score: 2

      I guess I'm going to have to be the wiseass who points out that Napster never got anywhere near making a profit.

      --

      I read the internet for the articles.
    32. Re:It's just a vehicle for theft by jonnythan · · Score: 2

      Everything Jack the Ripper did was illegal. Same goes for Bin Laden.

      Does that make them right?

      Uhhh....

    33. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 4, Insightful
      "Everything Jesus did was illegal.
      The Boston Tea Party was illegal and involved stealing.
      "

      Sure, and everything that Albert Fish, Ed Gein, and Paul Bernardo did was illegal, too. That doesn't mean it was right.

      In this case of copyright law, there's this great notion that if you don't agree, you can just refuse to play the game. Just as Richard M. Stallman takes a strong position against commercial software without resorting to piracy, you can elect to only download music from artists who make it freely available. Even better is the fact that you don't have to worry about the interoperability concerns that plague the software realm of this issue -- there's no real equivalent to someone emailing you an MSWord document.

    34. Re:It's just a vehicle for theft by carlos_benj · · Score: 1

      Everything Jesus did was illegal.

      Now where's that "walking on water" ordinance again?

      Maybe we could nail him for practicing medicine without a license. Oops. None of the physicians of the day are licensed....

      How about feeding people.... No, that won't work.

      I think the religious elite of the day were having the same difficulty and that's why they paid false witnesses to give testimoney (spelling intentional) to his acts of insurrection.

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    35. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      In Texas, the bartender is liable if he is TABC (Texas Alcoholic Beverage Commision) certified. If he is not certified then the bar is liable. IANAL just a bartender.

    36. Re:It's just a vehicle for theft by TWR · · Score: 2
      Just because it was a crappy, underpants gnome-esque business model doesn't invalidate my point.

      Napster didn't exist for the Great Unwashed to get music cheap or to free Courtney Love from Universal. It was planning on morphing into a for-pay service using the same stupid business model as every other dot-com: get eyeballs, then charge a price when it seems that people can't live without it. The difference between Napster and, say, Pets.com was that Napster was quite rightfully sued out of existence before they ran out of money.

      -jon

      --

      Remember Amalek.

    37. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Germany has some of the strictest gun laws in the world, but that didn't stop some kid from killing a bunch of people during school a few weeks ago. Yeah, gun laws are great.

    38. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Copyright violations are civil offenses.

      Distribution of more than $1000 of copyright materials in a 180 day period is a criminal offense. I'm sure more than a few napster users used napster to do so.

    39. Re:It's just a vehicle for theft by sheldon · · Score: 2

      Nobody is claiming that you don't have a right to distribute your own music however you see fit.

      The problem is that you don't own the rights to Metallica's music, and as such don't have the right to decide how they should distribute their music. Now as a consumer you can choose whether or not to give Metallica any money. That is, you can buy the stuff in the manner they choose to distribute it, or you can walk away. That's it, those are your choices.

      Jeep never made the Wrangler with the purpose of being a good getaway car, nor has it ever advertised it's use in this capacity. Your argument in this instance is irrational when compared to the Napster situation.

    40. Re:It's just a vehicle for theft by cyborch · · Score: 1

      I do not know about the United States (I don't live there) but in this country the one driving the car would be accused of commiting a crime. Nobody else. What is it with people these days? Everybody think they can get away with everything and sue their way out of any situation. Basically sueing the bartender (or the bar) or sueing Napster (in this case) when people use it to commit crimes it is the result of people not taking responsibility for their actions. If you commit a crime then do not try to make others take the blame for it!

    41. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Music is for the young, sir.

    42. Re:It's just a vehicle for theft by cyborch · · Score: 1

      but lockpicks...

      aren't either. They're tools for locksmiths. Besides napster made a Wrangler, not a lockpick.

    43. Re:It's just a vehicle for theft by sheldon · · Score: 2

      Agreed. Napster clearly intended to make money off the work of others. That was the basis of their entire business model.

      I don't understand how people can possibly defend the company's actions. It's like claiming the protection racket of the Mob is an innovative form of insurance.

    44. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 2

      Actually the Boston Tea Party was as much about profit as Napster, and so far the backlash by the controlling parties have been similar as well. Only history will tell if Napster will be one of the battles in the war to free ourselves from copyright. If copyright law is overturned, Napster will be hailed as a heroic effort. If it is not, it will be nothing more than a footnote in history.

    45. Re:It's just a vehicle for theft by cyborch · · Score: 1

      IIRC Jesus actually did commit a few crimes. He claimed he was the son of God, which was considered blasphemy and thus illegal.

    46. Re:It's just a vehicle for theft by jayhawk88 · · Score: 2

      See a pattern here?

      Yeah, I see you trying to justify your actions in your own mind by recalling past examples that really don't have a thing to do with the Napster situation. Oh I know, you're "fighting the good fight" against greedy corporations looking to take away your rights. Let's see if I can clarify it further for you:

      Jesus - Religious Freedom, Equality of Man
      Boston Tea Party - Taxation without Representation
      American Revolution - Same thing, freedom from tyranny
      Freeing Slaves - Equality of Man
      Napster - You getting music (a luxury item) for free.

      "One of these things ain't quite like the other, one of these things just doesn't belong." But whatever helps you sleep at night I guess.

    47. Re:It's just a vehicle for theft by sunking2 · · Score: 1

      Really, what is it with the belief that the artists deserve all this money? Why should they be making more than the 40/hr week factory worker, or the 80 hr/week resident nurse who is helping to save lives? Afterall, aren't all these artists doing this for the love of it?

      I think artists are currently getting about what they deserve. If you think they deserve more, how about sending them a check to show it.

      Now, that being said, this doesn't mean I agree with the labels gouging prices. All it means is I don't think its about who gets what cut.

    48. Re:It's just a vehicle for theft by TWR · · Score: 1
      Explain exactly how the Boston Tea Party was about profit.

      The people who dumped the tea weren't other tea merchants who weren't getting discounts on tea from the British. They were members of the Sons of Liberty.

      Tea wasn't a great thing to sell at the time, as there was a boycott going on that had reduced the consumption of tea in the Colonies by 2/3rds.

      You can read up more at http://odur.let.rug.nl/~usa/E/teaparty/bostonxx.ht m or http://www.pbs.org/ktca/liberty/chronicle/bostonte aparty-edenton.html

      So, give a source for your opinion. Or get off the soapbox.

      -jon

      --

      Remember Amalek.

    49. Re:It's just a vehicle for theft by rlwhite · · Score: 1

      Guess how they managed to sustain a boycott? By smuggling to provide a cheaper source of tea than the East India Company.

      Guess who bankrolled the Sons of Liberty? John Hancock, one of the leading tea smugglers in the colonies, and considered the richest man in Massachusetts.

      Profit was not the sole motivator, but it was a factor. If you want a source, find the nearest U.S. history textbook. Mine's not handy at the moment, or I'd give you a title. For what little it's worth, there's a fictionalized account called Rise To Rebellion by Jeff Shaara that is both very entertaining and very accurate on the known details.

    50. Re:It's just a vehicle for theft by jswitte · · Score: 1

      there is nothing in Napster's technology that couldn't be replicated in a matter of weeks by a competent programmer) or that they have a LOT of money to throw arond

      I would bet it's the latter, and I'd say that there isn't anything in Napster that could be replicated in a matter of weeks by an INcompetent programmer either! A competent programmer would have improved the protocol (fewer droppouts, parallel downloads from multiple hosts, Kazaa-type quasi-decentralization, etc)

    51. Re:It's just a vehicle for theft by binaryDigit · · Score: 2

      No, then it would a completely different matter altogther. Then you would be looking at something much closer to gun manufacturers and Napster wouldn't be in anywhere near as much hot water as they are now.

      Napsters big problem was that they knowingly hosted information and provided infrastructure that facilitated the illegal transfer of copyrighted material. The key word here is knowingly. They let this activity go on for a long time before the lawsuits came and forced them to try to do something about it. Note that the results of the suits were to get Napster to block this transfer, not to shut the service down. It was this inability to block the transfers (not to mention the shakey business model they were trying to move to anyway), that has led to their current situation.

    52. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Using lockpicks to break in is rather uncommon. A crowbar is so much faster. I personaly would like a good set of lockpick to play with. Having your buddies give you old locks to pick is fun, and relaxing. The satsfaction that comes from defeating a well made lock is wonerful. Lockpicks are made to open locks without the key, and without damaging anything. A burgler isn't going to care if he ruins your lock, he wants to get in as fast as possible, and picking a good lock can take a minute or two.

    53. Re:It's just a vehicle for theft by isorox · · Score: 2

      Richard M. Stallman takes a strong position against commercial software without resorting to piracy,

      Thats right, he doesnt have a ship for starters.

      Oh you mean unarthorised copying? Hardly the same boat (no pun intended) as piracy (which I believe is still a hangable offence in the UK, along with high treason).

      Good job the lawmakers make the distinction - imagine: someone emails you an mp3 and you get a harsher punishment then harold shipman (killed hundereds of patients over the course of a few years as a doctor)

    54. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 2

      So, give a source for your opinion. Or get off the soapbox.

      Attacking someone who disagrees with you probably isn't the best way to have a reasonable discussion with him.

      In any case, from the article you cited, "First, it angered influential colonial merchants, who feared being replaced and bankrupted by a powerful monopoly." "More important, however, the Tea Act revived American passions about the issue of taxation without representation." Both sound like quite monetary interests to me.

      If you consider licensing fees to be an unjust tax which is placed upon us by the copyright holder, as I do, then it's perfectly reasonable to applaud the efforts of Napster in fighting to free us from that tax.

      I reject your assertion that copyright infringement is stealing. Stealing is when you take something from someone else. Napster is not about stealing. It's about the freedom to do whatever I want with the CD that I legally purchased. If some day we are freed from the unjust copyright laws which we now have, that will be evident to those writing, reading, and teaching the history books. Intellectual property is a concept which is taught, not one which is innate.

    55. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      > Jesus - Religious Freedom, Equality of Man

      There can be no equality of man as long as Corporations can purchase laws amenable to their profits over the objection of the masses.

      > Boston Tea Party - Taxation without Representation

      Again, without the deep pockets of media conglomerates, I do not receive the representation which is awarded the wealthy.

      > American Revolution - Same thing, freedom from tyranny

      Is this the sort of Tyranny that subverts the US Constitution? Congress is authorized to "secure for limited times the exclusive right to authors" to their works. Life plus seventy-five years sounds a bit long for a "limited time" considering the US has only been around for some 200 years. It is now conceivable for this "limited time" to approach 150 years. How does this enrich society? I can see how it enriches Disney Corp.

      > Freeing Slaves - Equality of Man

      See above. You are arguing degrees...

      > Napster - You getting music (a luxury item) for free.

      Civil disobedience. The self righteous have a pretty big job ahead of them. They have to "educate" the public how fair use is not in their own best interest. They need to convince the majority of the public that depriving BMG of that $19 CD sale is evil when they only wanted to buy one track, but couldn't. They have to convince Joe Lunchpail that VCRs are okay, but PVRs are bad.

      Good Luck!!!

    56. Re:It's just a vehicle for theft by weinerdog · · Score: 3, Informative

      Napster's business model was based on stealing. Let me repeat that one more time, just in case you didn't get the point. Napster's business model was based on stealing.

      It seems to me that Napster simply provided a service to make easier what was and still is common practice: sharing music. Napster took the practice farther than it had been taken before, and so became a test as to what extent music sharing could be taken and remain acceptable, but it essentially offered nothing that wasn't available before in one form or another.

      Fundamentally, there was nothing immoral or unethical about what Napster did. You, I, and the RIAA may all have our own ideas as to what extent the sharing of music should be tolerated. So did Napster. It appears that, in the U.S., the lower courts didn't agree with Napster. But they didn't endorse the RIAA's or anyone else's vision of what should or shouldn't be allowed either. The question remains unresolved, but certainly Napster served to bring the question into the public eye.

      The aftermath of Napster has brought many public policy questions to the forefront, most of which remain unanswered. While the RIAA may have preferred that the questions remained unasked, I happen to disagree and think that Napster did us a great service by forcing the issue. (The fact that I was able to locate some old tracks that I had until then never been able to find anywhere was a pleasant side benefit.)

      Stealing and theft are heavily loaded terms which imply that one has already made a moral judgement about an issue which is far from cut and dried. Downloading music is only stealing if society collectively decides that it is. And that decision has yet to be made.

      --
      There's no such thing as Scotchtoberfest!
    57. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      It's getting off topic, but this twisted comment must be replied...

      hand gun bans mean one thing...
      the only people left with handguns will be the criminals and the law enforcement agencies....and law enforcement would be greatly outnumbered.


      So are you saying that ordinary people are fighting with guns along side law enforcement to get rid of criminals?
      You'd better leave it to law enforcement. If you are not a cop or a soldier, for whom the gun is a tool, you'd just better stay away from them.

      In real world, even in America if somebody wants to kill you, you are dead before you even got an idea to draw your 44 Magnum.
      No matter how much you have guns, criminals will commit their crimes one way or an other. It's their job, their purpose. No matter how they do it, more guns won't stop it.
      But if you really want to get rid of criminals, it is a known fact that certain things, like wealth and education reduce crime rates. In US, first thing to do, would be to significantly reduce the amount of poverty. 10% living under poverty line tells a lot. It's the highest rate in developed countries.

      -Man is not good or bad by nature. It's all defined by his culture.

    58. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 1, Insightful

      OK, I realize some of you don't seem to grasp this so let's put it like this:

      Little Johnny has a drawing of a goat he made.

      Little Susie likes the drawing of the goat and wants it.

      Little Johnny is an ignorant pissant future capitalist pig and makes Susie pay 5 twizzlers for a copy of the drawing.

      Little Sally comes over and sees Little Johnny's drawing and would like a copy too.

      Little Johnny offers it to her for 5 twizzlers as he did with Susie.

      Sally says "Are you fucking nuts? It's just a drawing of a goat."

      Susie, being the nicer of the two offers to share her version and lets Sally copy her drawing for free.

      Johnny gets upset at this and sues Sally and Susie in US District Court for 5 million twizzlers for stealing his drawing!

      The US District Court tells little Johnny that he's a fucking idiot and should have sued for copyright violate of his intellectual property. They throw the case out and Johnny kills himself.

      See, in the end Johnny and Susie both had the same drawing and because Johnny was a greedy fucking capitalist pig, Sally got it from Susie because she was nice and shared it. Johnny still had his drawing and Susie had hers! Sally wouldn't have paid 5 twizzlers anyway because the goat drawing wasn't THAT good.

    59. Re:It's just a vehicle for theft by TWR · · Score: 2
      Yes, Hancock was a smuggler. But most of his money came from inheritance, not smuggling.

      Furthermore, it wasn't just a two-thirds reduction in the drinking of tea from the East India Co., it was a reduction in the drinking of tea in general. So, tea smuggling wasn't the best business to be in at that point.

      And let's be clear as to why people were smuggling tea in the first place. It came down to taxation without representation. England imposed taxes on tea in the colonies, because the colonists had no choice. The RIAA isn't a governmental organization imposing taxes. It is a corporation.

      If you want to change corporate policy, start buying stock in the companies that make up the RIAA. When you can put together a large voting bloc, you can start to change their behavior. See, you have more opportunity to control RIAA behavior than the colonists had in 1776 to control their taxes. Funny, that.

      -jon

      --

      Remember Amalek.

    60. Re:It's just a vehicle for theft by Schnapple · · Score: 1
      The getaway car analogy is childish
      ...
      A better analogy might be firearms
      Actually the one I was thinking of was where there was some company making a semi-automatic pistol called the "TEC-9" or somesuch (I'm sure I have that name wrong but that's how it was pronounced). They advertised the gun as having a coating that was "especially resistant to fingerprints", practically inviting crime. The Gov't. fucked them over for that ad and the gun's no longer made (I think the company may have gone under as well). Firearms do have legit uses, but when you make a gun expressly for the purpose of being condusive to illegitimate purposes there's less of an argument about "fair use".
    61. Re:It's just a vehicle for theft by TWR · · Score: 2
      I'm not attacking. I just want a source for your opinion. If you don't have one, then the opinion is invalid. Any resulting discussion is going to be highly pointless.

      As for Napster and copyright, you said:

      Napster is not about stealing. It's about the freedom to do whatever I want with the CD that I legally purchased.

      See, that's not quite true when it comes to replication and distribution. Let's look at the word "copyright." It refers to (and this shouldn't be a shock) the right to make a copy of something. The holder of the copyright is the one who gets to determine who can make copies and distribute them. The government, which grants the copyright, has codified a "fair use" principle from common law that puts some limits on absolute control of material by the copyright holder, but that's it. You don't get a say.

      If you want things to be different, petition your government to change its copyright laws and/or buy stock in the corporation whose policies towards copyrighted materials you find objectionable.

      And it's not a tax. It's a restriction from a corporation. There's a huge difference.

      And for those who make a living due to intellectual property, it's quite a real concept. If you create nothing of value, or if you are living off the wealth created by someone else, then you will place no value in intellectual property.

      -jon

      --

      Remember Amalek.

    62. Re:It's just a vehicle for theft by Anonymous+Brave+Guy · · Score: 2
      Yes, but if you drink at a bar, drive, and kill 20 schoolkids, why is the bartender sued?

      Perhaps because you walked in wobbling across the floor, he could see you holding the car keys and your Porsche in the car park, and then he served you anyway, even when your mates warned him that you were going to drive home?

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    63. Re:It's just a vehicle for theft by TWR · · Score: 2
      I don't think you are paying attention to Napster's goals.

      Sharing music FOR FREE is one thing. Napster was going to charge for their service; they just didn't survive to make it to the "pay me" bit. If I put an ad in a newspaper "Send me a blank CD and $5, and I'll copy any album for you", I would be (quite rightfully) shut down. I am violating copyright.

      Now, do I think record companies are being short-sighted? Yup. But it's their property, they can do whatever they want with it.

      -jon

      --

      Remember Amalek.

    64. Re:It's just a vehicle for theft by Schnapple · · Score: 1
      Because the bartender is not supposed to serve liquor to someone who is drunk. In some states the law says "visibly drunk". The bartender is supposed to know when the person is drunk. If the bartender makes the person drunk, that's one thing but if the person is drunk and then the bartender serves some more then they can be liable. It's akin to shooting an intruder more than once - once is considered self defense, more than once can be considered murder.

      Of course, IANAL or a bartender. And in our town some kid drank himself to death on his 21st birthday at a local establishment because his multiple not-drunk friends kept getting him more drinks and feeding them to him and the bars are getting fucked as a result.

    65. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      If the bar were called "Come drink here and kill some children on the way home" then you might have a point.

    66. Re:It's just a vehicle for theft by Tackhead · · Score: 2
      > Jesus - Religious Freedom, Equality of Man
      > Boston Tea Party - Taxation without Representation
      > American Revolution - Same thing, freedom from tyranny
      > Freeing Slaves - Equality of Man
      > Napster - You getting music (a luxury item) for free.

      The history of every major Galactic Civilization tends to pass through three distinct and recognizable phases, those of Survival, Inquiry and Sophistication, otherwise known as the How, Why and Where phases. "For instance, the first phase is characterized by the question 'How can we eat?' the second by the question 'Why do we eat?' and the third by the question 'Where shall we have lunch?'"

      - Douglas Adams, Hitch-Hiker's Guide to the Galaxy.

      Clearly, the notion that MP3 file sharing constitutes a fundamental civil right is an indication that we've advanced to the third stage ;-)

    67. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      See a pattern here? In the grand scheme of things, history has been determined by those who followed their hearts and did what they felt was right, rather than following the orders of another man.

      I suppose you have a point... Napster did steal from the rich and give to the poor. But I would hardly consider it as noble as you suggest.

      Oh, and why did you include looting in your example of good illegal things?

    68. Re:It's just a vehicle for theft by Anonymous+Brave+Guy · · Score: 2
      It seems to me that Napster simply provided a service to make easier what was and still is common practice: sharing music. [...] Fundamentally, there was nothing immoral or unethical about what Napster did.

      In isolation, no, there absolutely is not anything wrong with that.

      However, when their service began to be abused, and they (a) knew this and (b) condoned it, then there was something very immoral about their position. Had they voluntarily taken reasonable steps to prevent the wholesale abuse of their service, preferably in consultation with the record industry and other interested parties, while keeping it afloat for those using it legitimately, then I don't think anyone would have had a problem with it. But they didn't. They waved two fingers at one of the most powerful institutions on the planet, and that was dumb.

      Stealing and theft are heavily loaded terms which imply that one has already made a moral judgement about an issue which is far from cut and dried.

      But that's exactly the point. Within our legal systems, it is absolutely cut and dried. If you don't like the behaviour of the record industry, in terms of overcharging (in your opinion), or padding out albums with filler tracks, or whatever, the correct answer is to vote with your wallet, and buy things you feel are good value for money. If you don't like the legal system, the correct action is to campaign for a change in the law, or give financial support to a group who does so on your behalf. In any case, if the laws of the land are arbitrarily ignored en masse, people are setting themselves up for a very big fall.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    69. Re:It's just a vehicle for theft by Happy+go+Lucky · · Score: 3, Insightful
      Because the bartender is not supposed to serve liquor to someone who is drunk. In some states the law says "visibly drunk". The bartender is supposed to know when the person is drunk. If the bartender makes the person drunk, that's one thing but if the person is drunk and then the bartender serves some more then they can be liable.

      More than civilly liable. Here in Colorado, it is a CRIME for a visibly-drunk person to be served alcohol on licensed premises. Bartenders (in theory) can go to jail and businesses (in practice) can lose their liquor licenses.

      It's akin to shooting an intruder more than once - once is considered self defense, more than once can be considered murder.

      They're not that close. Especially because the alcohol thing is true and the "if you shot him once you meant to murder him" is crap and nonsense. If you were legally justified in using deadly force to protect yourself, then you were legally justified in shooting as many times as was required to control the threat.

    70. Re:It's just a vehicle for theft by sheldon · · Score: 2

      When you try to compare the theft of intellectual property with freeing of slaves you discredit yourself and your argument.

      Information does not want to be free, because information is not sentient and cannot want for anything.

      You need to find a better argument, the one you are using would get you laughed out of Congress if you tried to testify for a change in the law.

    71. Re:It's just a vehicle for theft by PCM2 · · Score: 2
      I'm a songwriter, and I considered Napster to be a really great vehicle to get my music to others that would normally not get the opportunity hear it.
      I'm not being a troll here (honest!) but ... how so?

      I've never understood this argument that "Napster helped independent artists distribute their music." Maybe that's hypothetically true, because you could download MP3s using Napster. But there was no mechanism in Napster that would help you market your music, nothing that would put it in front of listeners who hadn't already heard of you. The only way anybody would find your song would be if they specifically searched for it, either by your name or the name of the song.

      (I'm of course assuming here that your songs aren't all named things like "Master of Puppets," "Enter Sandman," and "Dre Day." If that was your chosen method of marketing, I don't think it would say much about Napster's viability for indie artists anyway.)

      The only way anybody would search for your songs by name would be if they'd heard of you before. The only way you could make sure they've heard of you would be to market your music. One fairly inexpensive method would be to start a Web site (albeit a fairly ineffective one, because you'd still need to drive traffic to the site somehow).

      AHA, but -- if you had a Web site to promote your music, wouldn't it be easier to just offer the MP3s for download there? Then all your potential listeners would have an efficient, reliable channel to get your music from, rather than hoping that somebody on Napster at any given moment would have your stuff.

      The total inefficiency of any P2P network as a file hosting platform is, to my mind, the biggest single argument in favor of the notion that P2P isn't good for anything but swapping copyrighted songs. P2P file sharing works if you want Metallica songs, or Dr. Dre songs, or (yes she always has to get brought up, doesn't she?) Britney Spears songs. That's because all those songs have been marketed and promoted by a record label so that you know the names of those artists and/or the names of their songs.

      Say what you want about record labels, but this is the biggest (perhaps the only) service they provide to artists: marketing and promotion. I always think it's a shame when I talk to some friend of mine whose band has been signed to some indy label, and they tell me the label hasn't been doing much for them in the way of promotion. Makes me wonder what those smaller labels are in business for, actually.

      --
      Breakfast served all day!
    72. Re:It's just a vehicle for theft by sheldon · · Score: 2

      Downloading music is only stealing if society collectively decides that it is.

      Ok, let's be a bit more accurate in your statement, shall we?

      What you meant to say is:

      Downloading music without permission of the copyright holder is only stealing if society collectively decides that it is.

      The key being that phrase, "without permission of the copyright holder", because that is really what we are talking about here in the case of Napster. Nobody who was voluntarily giving their music away on Napster bothered to sue them, and nobody is questioning the downloading of music as a legitimate form of distribution.

      And that decision has yet to be made.

      Now once we corrected your other statement we find that this last statement of yours is wrong. Society collectively(at least in the US most other countries) decided that using intellectual property without permission is theft. This determination is what drove the creation of copyright laws several centuries ago. This determination maintains a special passage within the US Constitution.

      Now as a side effect of Napster some other questions have come up relating to our existing copyright laws. But even though those questions did come up, they really don't relate to Napster. Specifically I'm talking about fair-use(as it relates to the DMCA) and term length.

      There are many of us who would like to have a public discussion about fair-use and the overbroad term lengths presently existing in copyright law, unfortunately that discussion is being overshadowed by the out and out theft of the Napster model. As long as that theft continues to exist, we are going to lose any argument that suggests existing controls are too broad.

      I think it's a mistake to try to defend Napster, the company clearly deserved whatever punishment they received and like others have pointed out, I'm disappointed they were purchased by BMG. Rather I would like to have seen their founders thrown in prison.

    73. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0
      > Everything Jesus did was illegal.

      As far as I know he only broke a few laws of physics. But that's ok: they hadn't been formulated yet.

      I think you'll find the Roman judicial system came to a somewhat different conclusion - given they decided to nail him to a cross.

      (this MUST be worth a -1 Offtopic)

    74. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      It's my hot body and I do what I want.

    75. Re:It's just a vehicle for theft by rlwhite · · Score: 1

      It's true that much of Hancock's money was inherited, and that tea drinking overall dropped, but it would be naive to say that Hancock wasn't looking after profits. I'm sure he was wise enough not to live solely off of inheritance. The tea business wasn't very profitable, but it did allow him to diversify a little while supporting his political interests. Plus there would be plenty of business potential once the East India Company's legal monopoly was removed. Obviously, it didn't work out great for him in the end- I would guess the shipping side of his business was hit heavily by the British Navy along with everyone else's.

      I'm not saying it was all about money, but it wasn't totally about taxation without representation either. Just because a bunch of Founding Fathers died broke doesn't mean they weren't seeking profits in the process. When the protesting and smuggling began in the 1760s, most weren't expecting a devastating war followed by a poorly conceived government (Articles of Confederation). Few expected to die broke (or insanely wealthy, just somewhere in the middle). (BTW, the one who most clearly expected a fight for independence from the beginning is the one who now has a beer brand named after him.)

      England wasn't just imposing the taxes because the colonies had no choice, either. They had just financed the French & Indian War and expected the colonies to pay their share. They were used to higher tea taxes in Britain. They were used to treating colonies as much less than equals. (Franklin observed this in Ireland at the time.) Demanding representation, to them, seemed outrageous, silly, and maybe somewhat surprising. England imposed the taxes, not just because of power, but because it didn't understand the colonial view. Probably not totally unlike the RIAA today, in that respect.

      I like your idea about putting together a large voting bloc, but let's be realistic. It's not going to happen because the money isn't there, and most don't have the enthusiasm for it. If someone were organizing such a bloc and had a fair amount of support, I'd gladly chip in $1000 right now, even though I'm a poor college student. But the truth is that we have a better chance in Congress and the courts.

    76. Re:It's just a vehicle for theft by weinerdog · · Score: 2

      You're missing the point. In the judgement of the RIAA and, apparently, of some others, Napster was abused. But Napster's took the position that person-to-person sharing of music was completely legitimate and protected in the U.S. by the Home Recording Act.

      Unless I missed something big, no verdict was ever reached in the Napster case, we don't know if the courts would have sided with Napster. If I recall correctly, the injunction against Napster was based on the judge's ruling that the plaintiffs would likely prevail on the merits of their case--but the judge never made a formal finding that Napster had done anything illegal. And certainly there was no pre-existing doctrine, law, or social consensus that would have unambiguously informed Napster that it's actions were patently unacceptable. In fact, nobody much thought about it until Napster came along.

      If the law were, as you suggest, truly cut and dried, (which it is not--why do you think judges exist?) it would be easy for the RIAA to point to the statute that expressly forbids P2P sharing. The fact is that law is highly interpretive, which is why higher courts exist in the first place, and much of it relies on precedent, public policy, and changing externalities like technology. That's the whole point: Napster was a test to see how P2P music sharing would be interpreted in terms of law and public policy.

      --
      There's no such thing as Scotchtoberfest!
    77. Re:It's just a vehicle for theft by nfk · · Score: 1

      I see a pattern there, but I don't see sharing of files included in that pattern. It's not about following the orders of "another man", but rather the orders dictated by law in democratic countries with mechanisms to change them. I'll agree it's a subject with grey areas and it's not alway easy to decide, but in my opinion piracy is not included in that pattern of going against some wrong establishment. A big difference between those cases you mention and the present is the lack of the kind of democracy we have today, which is far from perfect but certainly a lot better than anything that existed then.

    78. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 2

      I'm not attacking. I just want a source for your opinion.

      I felt that your soapbox comment was an attack. Of course, that's only my opinion, and I can't find any references to back it up.

      If you don't have one, then the opinion is invalid.

      Just because the source of my opinion is not published on the internet does not invalidate it.

      Napster is not about stealing. It's about the freedom to do whatever I want with the CD that I legally purchased.
      The holder of the copyright is the one who gets to determine who can make copies and distribute them. The government, which grants the copyright, has codified a "fair use" principle from common law that puts some limits on absolute control of material by the copyright holder, but that's it. You don't get a say.

      All that says is that the government has successfully taken away my freedom to do whatever I want with the CD I purchased. They have done so because they argue that it will promote the progress of science and useful arts.

      If you want things to be different, petition your government to change its copyright laws and/or buy stock in the corporation whose policies towards copyrighted materials you find objectionable.

      Both of which I do, and while I do not myself have the courage to ignore the unjust law which is placed upon me, I fully support the actions of those who do. I also believe that when and if copyright laws are repealed (along with the notion that sentences can be owned), companies like napster which helped form the underground resistance against copyright law will be looked upon as revolutionaries, not criminals.

      And it's not a tax. It's a restriction from a corporation. There's a huge difference.

      It's arguable whether or not it is literally a tax, since the beneficiary is not the government, but it certainly bears a striking resemblence. The key point being that it places a charge on two individuals engaging in voluntary trade which it gives to a third party completely unaffected by that transaction.

      And for those who make a living due to intellectual property, it's quite a real concept.

      I never meant to argue that the concept of intellectual property wasn't a real one. But it was one which was created by copyright holders to justify their forceful stealing of wealth from non-copyright holders.

      If you create nothing of value, or if you are living off the wealth created by someone else, then you will place no value in intellectual property.

      Are you trying to insinuate that I create nothing of value? In any case, just because one creates nothing of value does not imply that one places no value in intellectual property. The fact that the books we read from to learn about the concept of property are all written by copyright holders is enough to keep that notion ingrained in the minds of most Americans.

      Federal copyright law is not based on property rights anyway. The Supreme Court has made numerous rulings stating this quite explicitly.

    79. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0
      The markup on Humvees is outrageous. They should sell them at cost, or better yet, give them away. That means it's OK for me to drive one off the lot so long as I leave a cheque for the cost of replacing it.


      That's still a faulty analogy. When you drive a Humvee off the lot, you have taken someone's property without them agreeing to it. Whether you leave them money or not doesn't matter, because they lost a Humvee, and they didn't want to. With music, if you take a copy of a song, no one loses anything. Calling it "stealing" or "piracy" is pure bullshit, because those words imply that when I copy a song, the original copy disappears.
    80. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      This is the same Anonymous Coward speaking who just rebutted your revised analogy...

      I would like to add a much more correct analogy:

      Humvees are overpriced. Rather than buy one, I think I'll use my Humvee copying machine to make one for myself based on an original from the dealership.

    81. Re:It's just a vehicle for theft by rlwhite · · Score: 1

      The backlash is not at all comparable. The Boston Port Act virtually destroyed the economy of an entire state, which included many innocent, neutral people at the time, and placed the state directly under military rule, making a military confrontation leading to a 7-year war virtually inevitable. Not to mention the fact that that war gave independence to a country whose principles have had a profound influence on the modern world. Comparing that to bankrupting a small unprofitable company is laughable. Napster condoned illegal trading; Massachusetts as a whole didn't necessarily.

      I believe in greatly shortening the time length of intellectual property rights and making those rights serve the people better, but please... get your history right.

    82. Re:It's just a vehicle for theft by weinerdog · · Score: 2

      Now once we corrected your other statement we find that this last statement of yours is wrong. Society collectively(at least in the US most other countries) decided that using intellectual property without permission is theft. This determination is what drove the creation of copyright laws several centuries ago. This determination maintains a special passage within the US Constitution.

      I'll admit that I am not an expert in copyright law and so my understanding must come from a layman's reading of the laws and of the legal interpretations and explanations of those laws,
      but I am hard-pressed to find anything that suggests copyright grants any sort of ability to control the use of a work or idea, apart from public performance.

      My understanding of copyright is that it grants the rights holder the exclusive right to make copies of a work, subject to certain exceptions. I also understand that it was (and I suppose still is) the position of Napster that private sharing of music was one of those exceptions, and that furthermore there was nothing illegal about facilitating such copying.

      It is furthermore my understanding that Napster has not received any punishment or penalty of any sort. It was handed an injunction and ordered to block access to works for which the plaintiffs held copyright because the judge believed that the plaintiffs would probably win their case, but (again, unless I missed something) the case has not yet been fully argued, nor has a judgement been rendered, and likely never will, as Napster has agreed to settle out of court with most of the plaintiffs.

      In any event, this is all irrelevant because it deals with events after the fact. Presumably, the stakeholders in Napster were not so blindingly stupid that they established a business which they believed was illegal and would ultimately drive them to bankruptcy. It seems more plausible that they believed that their business, while daring and perhaps risky, would ultimately be found to fall within the law. That you personally disagree isn't really important; that the issue is debated publically and a broad-based consensus is reached is.

      And please don't tell me what I meant to say. I can speak for myself.

      --
      There's no such thing as Scotchtoberfest!
    83. Re:It's just a vehicle for theft by neocon · · Score: 1

      OK, but then we have to carry this analogy through:

      Soon, the humvee makers go out of business, as they can't sell any humvees. While my humvee copier keeps working, no new models of humvees ever come out, and everyone loses.

      The end.

      For more thoughts on this, pick up an economics textbook, flip to the index, and find `commons, tragedy of the'.

    84. Re:It's just a vehicle for theft by timeOday · · Score: 1

      Oh, you city boys with your fancy "roads!"

    85. Re:It's just a vehicle for theft by ipjohnson · · Score: 1

      In the US the bartender can be sued ...

    86. Re:It's just a vehicle for theft by neocon · · Score: 1

      Unfortunately, your information is about a decade and a half out of date. Both France and England now have violent-crime rates significantly above that in the US -- indeed that in Paris is now 50% higher than in New York City, and in particular, England as a whole has seen a skyrocketing rate of gun crime since finalizing the ban on all handguns in 1996.

      For more on this, see here or here. And remember -- criminals will get guns. The only question is whether they will be alone in having them...

    87. Re:It's just a vehicle for theft by neocon · · Score: 1

      You'd better leave it to law enforcement. If you are not a cop or a soldier, for whom the gun is a tool, you'd just better stay away from them

      Which is fine if we're talking about going out looking for criminals. But when you're home in the middle of the night, and someone comes through your window, the choice isn't between defending yourself and not defending yourself, the choice is defending yourself with a gun or without one.

      At least where I live, time between when you call 9-1-1 and a police car arrives averages between 25 and 45 minutes. Maybe you're cool with the idea of spending that much time with a burglar in the house with you, your wife, and your kids, but I for one am not.

      As for how to really get rid of crime, well, we seem to be doing a pretty good job at this -- crime rates here in New York are a fraction of what they were a decade ago...

    88. Re:It's just a vehicle for theft by neocon · · Score: 1

      The things that John Wayne Gacey and Charles Manson and Jeffrey Dahmer did were illegal too.

      Sometimes breaking the law is the more just act, but it is not the lawbreaking which makes the act good. This is why your comparison (`people who rip off copyrighted material are just like abolitionists, man!') doesn't hold water.

    89. Re:It's just a vehicle for theft by TWR · · Score: 2
      I also believe that when and if copyright laws are repealed (along with the notion that sentences can be owned), companies like napster which helped form the underground resistance against copyright law will be looked upon as revolutionaries, not criminals.

      OK, I think you are missing a very, very, very huge point here.

      An artist's record label is acting as an agent for the artist.

      Let's take your ideas to heart. Poof! No more copyright! Take a book by your favorite author. Now, once that author inks a deal to publish his book, ANY other publisher in NonCopyrightLand can go to the store, buy the book, and then sell their own copies of the book. No money goes to the original publisher, but more importantly, no money goes to the author.

      But wait, it gets worse. Since every publisher could just copy what every other publisher is printing, why would anyone bother to sign an artist to a contract? You've just removed all value from the creation of intellectual property. As soon as anyone releases any intellectual property of value, it will be sold by people who will not reimburse the original creator.

      The author's sentences aren't owned by the author, but they are going to enrich the guy who had the money to own a large printing press and distribution network. Meanwhile, what did the author get for his work? Nothing. How can the author spend time creating works of art if he never gets compensated for his work? He can't, unless he's got someone to support him. Do you want to have guaranteed welfare for life for anyone who says they are an artist? Hell, if that's the case, I'm picking up a guitar and waiting for my check to arrive. So will everyone else.

      See how these nice, lofty goals just end up screwing the little guy while enriching the already rich?

      Now, if you think that it's OK for the rich industrialist to screw the poor artist, that's fine. But I don't think you do. As long as there is money to be made in distribution and promotion (especially promotion!) of intellectual property, abolishing copyright isn't going to work.

      -jon

      --

      Remember Amalek.

    90. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 1

      Comparing that to bankrupting a small unprofitable company is laughable.

      I was referring to the passing of the DMCA and the CTEA, as well as the crackdown of previously unenforced copyright laws, virtually destroying the economy of the entire technology sector.

      I believe in greatly shortening the time length of intellectual property rights and making those rights serve the people better, but please... get your history right.

      I believe in eliminating copyright law. And while my right to live in peace without taxation by a government which does not represent me is certainly more important than my right to copy and distribute works without taxation by the copyright holder, I still believe that there are definate similarities and comparisons between the two.

    91. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      I'm sorry, but I have to step in here. If you say that you feel ashamed of friends who sign with an indie label I have 2 words for you. "F*ck you". You don't know much about the music industry if you're saying that indie labels are pathetic. Did you know that on average an artist gets 1.5% or less of each CD sale? This isn't overdoing it.. pink floyd got 1.5% for their "dark side of the moon" release. Ever heard of Big Head Tod and the Monsters? Their 1st cd went double platinum.. their 2nd release sold only 700,000 copies so their major label dropped them. What did they do? They started their own indie label & made more money off of that promoting their own CD's (selling less), then what they did with the major labels. The RIAA is out to only protect major bands and major labels.. that is all. Major labels who's business models are out of date & don't want to adjust it to compensate changes in technology. All CD's are, are just marketing. Artists make more money off of promotions, concerts, merchendise, advertisements, appearances, copyrights, etc.. then what they do CD's, tapes, vinyl, etc.. The indie labels were mostly formed because they saw exactly how much the majors were screwing people over in the first place.

      Get your facts together, dipshit

    92. Re:It's just a vehicle for theft by Rude+Turnip · · Score: 1

      I'd just like to take a moment to clear the air.

      When I started this piece of the thread, I was not making direct comparisons and trying to align the causes of Napster users with Am. revolutionaries, abolitionists, etc. I was merely providing examples of people in the past who have bucked the system. This was in no way meant to provide any justification for the activities of Napster users.

      I could have just the same not included any examples and simply said "history is made by those that follow their hearts rather than happily complying with the system." Apparently by including examples, certain people have misconstrued what I was trying to say.

    93. Re:It's just a vehicle for theft by Nept · · Score: 1
      the bartender can see you, the owner of a p2p software package can't...how can you compare P2P to Bartending?

      --
      "Teachers leave us kids alone ..." - Roger Waters, Pink Floyd
    94. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      > I guess I'm going to have to be the wiseass who points out that Napster never got anywhere near making a profit.

      Just because they couldn't implement their business model doesn't mean they didn't have one, and that it didn't involve deliberate music copyright violations.

    95. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 1

      An artist's record label is acting as an agent for the artist.

      I never meant to separate the two.

      The rest of your argument goes toward the goal of copyright: to promote the progress of science and the useful arts. First I'd like to state my opinion that is the sole purpose of copyright law. This is a widely held opinion, and I can show you sources backing it up if you are not aware of that fact. Whether or not you agree is a different story, I don't think either of us can prove definitively whether there is a god given right to ownership of intellectual property.

      Now, you argue a specific form of useful artistry, books, which you argue would not be created without copyright law. At least, I assume that's what you are arguing. While you claim that it is "screwing the little guy while enriching the already rich," I think you miss the point that book authors have other skills which they can put to use. If they feel that they are not deriving a benefit from writing a book, they simply won't continue to write the book.

      So really the two options here are that books will continue to be written, or they won't. I feel that they will continue to be written, and that alternative methods of compensation will be found. I'm sure Stephen King could get 10,000 people to each pay $10 for him to write his next novel. $100,000 may not be as much as he would be receiving otherwise, but it's enough for him to make a living.

    96. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      Richard Stallman also prefers that you don't use the word "piracy" to describe copyright infringment.

      He instead suggest the term "Sharing With Your Neighbors" -- yeah, he sounds like he's really opposed to the practice.

    97. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      All of this posting, I must get a Slashdot account. Anyhow, the fact that they can't make any money doesn't make it wrong that I copied their vehicles.

    98. Re:It's just a vehicle for theft by famillionaire · · Score: 1

      Two points I think are worth adding to the general discussion:

      First, violating copyright may get one 'shut down,' but not necessarily 'quite rightfully'; copyright is not a natural law, but a (quite recent) human one, and it should be remembered that the position that copyright laws are illegitimate is not, in the natural order of things, unthinkable. A lot of the discussion thus far seems to be from one of two standpoints, those being: 1) Napster can be used to violate copyright laws, and this is wrong, but it has other uses not in conflict with the laws that [I, the poster] personally endorse, and 2) Napster can be used to violate copyright laws and is in fact used in this way by [me, the poster], but this lesser evil is committed by me in protest to the greater evils committed by the RIAA (ripping off artists, charging too much for CDs, etc.). It seems to me that both of these positions are self-contradictory, the first one weakly, the second more strongly. The third position, however, that the notion of copyright is illegitimate and anti-social, seems to be seldom argued or thought about, though it is thinkable and defensible. Secondly, this:
      "[I]t's their property, they can do whatever they want with it."
      Maybe it's their property (although it's arguable that, if what the record industry currently holds should be property of anyone, it should be property of the persons that made it, musicians mainly), but to say that they can do whatever they want with it as a result of that seems a little overstated to me. If what the record companies do with their property is socially harmful (likely), then it's arguable, and it should be argued, that they should be prevented from doing those things, just as a chemical company dumping toxic waste near public water supplies (or any analogous situation) should be prevented. ...Just some things I wanted to bring up, not really in direct response to TWR, but because his post contained in miniature the basic questions I wanted to add to or amplify in the discussion.

    99. Re:It's just a vehicle for theft by TWR · · Score: 2
      I'm sure Stephen King could get 10,000 people to each pay $10 for him to write his next novel.

      He tried, he failed. King tried to do a book "shareware" over the web. Pay by the chapter. Way too few people did, so he stopped. If Stephen King can't sell a book this way, who could?

      How is King going to afford the printing press? Where are his production costs in your $100,000 figure? Who would give him a loan to do a production run, knowing that the only collateral he has (the book) is worthless?

      Any why would people buy the book from King? Why not go to someone who already bought the book and copy it from that person for less money (because they're rich, already own their own printing press, so their costs are lower)?

      Saying "well, some sort of compensation will probably happen" isn't a solution, it's hand-waving. Provide a concrete solution that prevents exploitation of content creators in a copyright-free system.

      -jon

      --

      Remember Amalek.

    100. Re:It's just a vehicle for theft by kird · · Score: 1

      Why are CD-R's legal?

      --
      ----------- destroy evil immediately!
    101. Re:It's just a vehicle for theft by TWR · · Score: 2
      1. All "rights" are human constructs. Ask a drowning man about his "right to life." Just because copyright is a human construct doesn't weaken it any more than it weakens any other right.

      2. A record label owns the music created by an artist because the artist signs away those rights; they gave them away.

      3. Holding the copyright on the latest drek from J.Lo or N*Sync is hardly comparable to dumping toxic waste in the water supply. If anything, it's holding toxic waste back. (ba-dum-bump).

      4. Some other genius is arguing that copyright should just go away. Fine. Find a way to compensate artists without it.

      -jon

      --

      Remember Amalek.

    102. Re:It's just a vehicle for theft by Anonymous Coward · · Score: 0

      On a more personal note, I'm repulsed by the notion that "Napster" is in the same league as slavery. It's not.

      You are SO right. With slavery at least you had a roof over your head and three squares a day... When you sign a recording contract you love your freedom just like a slave, your work is exploited just like a slave, but you get none of the benifits of being a slave and basically have to fend for yourself once they have taken all they can from you.

    103. Re:It's just a vehicle for theft by Erasmus+Darwin · · Score: 1
      "He instead suggest the term "Sharing With Your Neighbors""

      ...except when it's binary-only distributions of GPLed software that you are "sharing with your neighbors."

    104. Re:It's just a vehicle for theft by sheldon · · Score: 2

      And please don't tell me what I meant to say. I can speak for myself.

      I wish that were true, but you have this unfortunate tendency to try to construct arguments that while removed from the truth, can be easily argued against. This is commonly called 'straw man argumentation.'

      This discussion is about Napster specifically, not an overall one of downloading music off the internet. As such we are talking strictly about making music available without permission as there are obviously services which make music available with permission who have not been involved in lawsuits.

      but I am hard-pressed to find anything that suggests copyright grants any sort of ability to control the use of a work or idea, apart from public performance.

      This might help:
      http://www.copyright.gov/circs/circ1.html#w ci

      The first bullet point is most applicable and refers to the right of the copyright holder to do or authorize the reproduction of the work.

      Furhermore in the case of Napster, the second bullet point is also appropriate because they were obviously creating a business model which result in the sale of the reproduced music.

      It is furthermore my understanding that Napster has not received any punishment or penalty of any sort.

      This is true.

      It was handed an injunction and ordered to block access to works for which the plaintiffs held copyright because the judge believed that the plaintiffs would probably win their case

      Not to mention the injunction was appealed and upheld which gives it further strength.

      the case has not yet been fully argued, nor has a judgement been rendered, and likely never will, as Napster has agreed to settle out of court with most of the plaintiffs.

      Which is pretty much an admission of guilt on Napster's part.

      Presumably, the stakeholders in Napster were not so blindingly stupid that they established a business which they believed was illegal and would ultimately drive them to bankruptcy.

      I would have to argue that they did establish the business with that intent. Their hope was worst case they could make some money off the publicity, and best case they would be bought out by one of the companies suing them. In the end it appears they received a bit of both, they sold out but probably for not as much as they had hoped.

      Over the past year we've seen an a great many examples of people who used questionable tactics to get rich quick. Enron, Merrill Lynch and so forth. Napster was just one more example of those who thought to twist the law in their own favor at the expense of others.

      That you personally disagree isn't really important; that the issue is debated publically and a broad-based consensus is reached is.

      Ahh, another straw man.

      As I said the broad-based consensus on Napster's actions were reached long ago through creation of copyright law.

      What needs to be discussed today are more important issues resulting from the DMCA and other recent acts extending copyright terms.

    105. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 1

      He tried, he failed. King tried to do a book "shareware" over the web. Pay by the chapter. Way too few people did, so he stopped. If Stephen King can't sell a book this way, who could?

      I think it would be a different situation if all authors were forced to work this way. Assuming that King's book was any good (I didn't read it), there's still the fact that there is plenty of other competing material for which you are guaranteed a finished product for your money. Which is another flaw with King's method. I shouldn't be forced to pay $X for a book which might not even be finished. If he fails to finish the book, I should get a refund.

      How is King going to afford the printing press? Where are his production costs in your $100,000 figure? Who would give him a loan to do a production run, knowing that the only collateral he has (the book) is worthless?

      I think that 10,000 readers would be willing to pay $10 each to Steven King for the service of writing the book. This assumes that King presents the topic and vows to not start writing the book until he receives $100K. If he gets less than $100K after say 3 months, everyone gets a refund. The cost of running the printing press would be paid directly by those purchasing hard copies of the books. King wouldn't have to be involved at all, he is already paid for his service of writing the book.

      Other less known authors could simply work through a publishing company. I pay $100/year for to Whatever Publishing to support the authors working for it. They can then distribute the profits in whatever way they want, probably based on the number of purchasers of the at-cost printed versions.

      If you insist on getting the government involved, just hire the artists directly. Again, pay could be distributed based on the number of copies read.

      Any why would people buy the book from King? Why not go to someone who already bought the book and copy it from that person for less money (because they're rich, already own their own printing press, so their costs are lower)?

      Yeah, I think you misunderstood me there. These 10,000 people pay just to have King write the book. Nothing more, nothing less. If people want a hardcopy, they can buy them themselves, or pay publishers.

      Saying "well, some sort of compensation will probably happen" isn't a solution, it's hand-waving. Provide a concrete solution that prevents exploitation of content creators in a copyright-free system.

      If the market is unable to come up with a mechanism to pay the authors, and society as a whole deems that the works should still be created, then the government should hire the authors directly, possibly through public libraries. Personally I think this would be unnecessary, but without being in the situation any solutions I come up with are pure speculation.

      If society doesn't value the service of authoring books high enough for the market to come up with a way to pay for them, maybe books aren't worth creating in the first place.

    106. Re:It's just a vehicle for theft by TWR · · Score: 2
      Quick note, because it's late.

      The Artist Formerly Known As Prince tried your system (subscription for an album). It failed for him, I think. At least, I never heard about an album actually being released.

      And society does value authoring books. That was the reason for the creation of copyright in the first place. It's been a pretty workable system for a few hundred years, and it's probably here to stay. The abuses need to be curbed (the virtually perpetual copyright is clearly out of bounds, and corporations probably shouldn't be able to hold copyrights), but the existence of abuses in a system doesn't mean the system is worthless, just that it is not perfect. Fix rather than throw out is usually the best course of action.

      -jon

      --

      Remember Amalek.

    107. Re:It's just a vehicle for theft by Saeger · · Score: 2
      wrong ... Society collectively(at least in the US most other countries) decided that using intellectual property without permission is theft.

      Actually, I think weinerdog is right in saying that the jury is out on whether or not copyright infringement is outright theft punishable by death (ok, not death), in light of the times we live in. The constitutional "decision" you speak of, was made hundreds of years ago when content was tied to expensive physical media.

      You can't ignore the fact that technology changes society in drastic ways, and it's the law playing catchup. The nature of digital tech makes enforcing copyright next to impossible, which renders copyright law toothless. Society will either agree that draconian copyright enforcement is a good thing, or they won't, and a new balance between creators and 'consumers' will emerge on its own (not hand-waiving).

      Here's an appropriate quote I happen to agree with:

      "...piracy laws are so practically unenforceable and breaking them has become so socially acceptable that only a thin minority appears compelled...to obey them.... Whenever there is such profound divergence between the law and social practice, it is not society that adapts."--John Perry Barlow

      --

      --
      Power to the Peaceful
    108. Re:It's just a vehicle for theft by anthony_dipierro · · Score: 1

      The Artist Formerly Known As Prince tried your system (subscription for an album). It failed for him, I think. At least, I never heard about an album actually being released.

      I'm sure at the time there were alternatives. As far as music is concerned, I don't think there's a detriment to society with eliminating the megastar and only having small-time performers in bars and such. Personally the only books I ever pay for are academic books, so I really can't say very much about that.

      Another alternative to copyright law is to simply have a non-profit, government run, mass-printing-press operation (a la the USPS). Then authors won't have to worry about being undercut.

      And society does value authoring books. That was the reason for the creation of copyright in the first place.

      I just don't think that taking away private home copying and personal distribution is the best way to reach that goal. The law should be based on morality. Economic goods such as book authorship should be addressed through other mechanisms, such as taxation.

      It's been a pretty workable system for a few hundred years, and it's probably here to stay.

      I'm not so sure how workable the system is any more. When audio cassettes came out, congress gave in and made it legal to copy and distribute audio works on cassette tape for non-profit purposes (see the Audio Home Recording Act). Now that napster and the like have been discovered, I believe the same will have to be done for mp3s. As transfer speeds and storage space increases, the same will happen for video. As scanning technology and e-book technology increases, the same will happen for books. Software piracy is already rampant. Microsoft is about the only company who has discovered how to get consumers to pay for software. The workability of copyright law is falling apart, and I don't think it will survive even my lifetime, at least not unless peer-to-peer communications are outlawed completely.

      Fix rather than throw out is usually the best course of action.

      My major argument against copyright law is that it is immoral in the first place, so that's why I argue throwing it out rather than fixing it.

      I respect your opinions on the matter, and I believe we've both pretty much exhausted our viewpoints. I think we both agree that copyright law does solve some problems, while creating some others. If you'd like to summarize your points or restate them, feel free, but I probably won't reply unless I have something drastically new to add.

    109. Re:It's just a vehicle for theft by Entropy_ah · · Score: 1
      there is nothing in Napster's technology that couldn't be replicated in a matter of weeks by a competent programmer


      My guess is that it is not the technology that they are after, but rather the name recognition that comes along with Napster. I bet that they dont even use any of the orgional napster code.

      --
      my other penis is a vagina
    110. Re:It's just a vehicle for theft by neocon · · Score: 1
      What it does do is destroy any incentive anyone else might have to spend the large investment in time and money needed to start producing vehicles, thus making everyone lose.

      This is why we have copyright law in the first place -- to protect an incentive which would otherwise disappear...

    111. Re:It's just a vehicle for theft by kubrick · · Score: 1

      Everything Jack the Ripper did was illegal. Same goes for Bin Laden.

      Um, I'm sure Jack did many legal things in his time, and OBL must have done some things legally -- obeyed a STOP sign while driving, or something like that.

      The case of bin Laden is an interesting one, given that he may have been shuttling between Afghanistan and Pakistan for the last several years (and has almost certainly never entered the US), and that the US declines to sign international criminal law agreements because it is afraid its own citizens may be accused of war crimes. OB:'s acts were evil, yes, but illegal how and where?

      (Moderators: I've already downmodded myself, and I don't sympathize with the likes of OBL at all. Just querying the above statement. :)

      --
      deus does not exist but if he does
    112. Re:It's just a vehicle for theft by kubrick · · Score: 1

      OB:'s

      Aargh, this bloody keyboard -- that's meant to be

      OBL's

      (i.e. Osama bin Laden's)

      --
      deus does not exist but if he does
    113. Re:It's just a vehicle for theft by sheldon · · Score: 2

      The same arguments were made when the printing press became popular, then later the Xerox photocopier and so forth. When you compare the cost of copying a book by hand to photocopying it you get the same differential as you would with digital media reproduction versus the original distribution.

      I also see an issue in your logic because you refuse to acknowledge the existence of half the equation.

      The more things change, the more they stay the same.

    114. Re:It's just a vehicle for theft by PCM2 · · Score: 2
      Ever heard of Big Head Tod and the Monsters? Their 1st cd went double platinum.. their 2nd release sold only 700,000 copies so their major label dropped them. What did they do? They started their own indie label & made more money off of that promoting their own CD's (selling less), then what they did with the major labels.

      No, I've never heard of Big Head Tod and the Monsters, so I guess you make my point for me. Even so, starting your own label and publishing your own music is a lot different than what I was talking about ... which is indie labels signing bands and then basically just acting like major labels, only without any of the promotion.
      --
      Breakfast served all day!
  13. So? by 72beetle · · Score: 4, Insightful

    Don't tell me nobody didn't see this coming - the innovator is rarely the successful party in any technology leap, usually it's the follow-ups that jump on the bandwagon and streamline/fine tune a process that make the big bucks.

    Napster paved the way for P2P, but really, who thought they'd get rich doing it? Well, besides Shawn Fanning, anyway.

    -72

    --
    -Those who dance are considered insane by those who can't hear the music.
    1. Re:So? by Arethan · · Score: 3

      Actually, Shawn Fanning could still get rich. He just needs to write a book about the rise and fall of Napster. Give it a catchy title and make sure it doesn't sound like 3 years olds ramblings that should have been scrawled out in crayon, and he'd probably sell a few hundred thousand copies.

    2. Re:So? by Spunk · · Score: 5, Funny

      he'd probably sell a few hundred thousand copies.

      Or in an ironic twist, he'd sell one copy which would then be downloaded 100,000 times.

    3. Re:So? by xinit · · Score: 2

      No, he'd only sell a couple dozen. Oh, millions would read it, but only from the PDFs that one of those buyers would scan and generate...

      --
      --- http://foo.ca
    4. Re:So? by ipjohnson · · Score: 1

      I think he'll have to have someone else do the writting because he's a moron :)

      No seriously if you've ever read anything he's written or listened to him. There is a real reason he dropped out. He got really lucky .. as technical issues go he did nothing great nothing new. He just took advantage of peoples desire to get copyrighted music. Hell he didn't even consider sharing anything other than music.

    5. Re:So? by Surak · · Score: 2

      the innovator is rarely the successful party in any technology leap, usually it's the follow-ups that jump on the bandwagon and streamline/fine tune a process that make the big bucks.

      Since when? I can think of a few examples that both meet and contradict your statement. GUI:
      Innovator=Xerox
      Followups=Apple, Microsoft
      Big Bucks=Microsoft

      however,

      SOHO color inkjet printers:
      Innovator=HP,
      followups=Canon, Epson, Lexmark,
      big bucks=HP.

      or,

      Photo Editing:
      Innovator=Adobe (Photoshop)
      Followups=(quite a lot)
      Big Bucks=Adobe

      so sometimes the innovator makes the big bucks and sometimes the innovator doesn'''t. What it depends on is if the innovator keeps up with the competition when the followups arrive. This doesn't always happen, but when it does, the innovator continues to dominate the market.

  14. FTP Services Banned! by pstreck · · Score: 2, Funny

    FTP has now been banned under the DMCA since it can be used to distribute copyrighted material.

    --

    Later,
    Phil
    1. Re:FTP Services Banned! by Budgreen · · Score: 0

      only ftp? what about email? or the web in general? I have a feeling that this whole piracy thing will just end bad.. before to long the internet will be for big buisness and govt.

      --
      The greatest right given is the right to be wrong...
    2. Re:FTP Services Banned! by Anonymous Coward · · Score: 0

      In light of your comments, all human interaction has been banned, as it leads inevidably to physical and verbal sharing of information, possibly without multiple licenses.

    3. Re:FTP Services Banned! by Budgreen · · Score: 0

      yep

      --
      The greatest right given is the right to be wrong...
    4. Re:FTP Services Banned! by hikeran · · Score: 1

      and http, irc, usnet, e-mail, hell the internet.. floppy drives.. cdr's, cdrw, vcrs, keyboards (retype the code of said item in another pc.) monitors (can't have you looking at the code now can we).. umm .. now bout hands (you use those to type on the keyboard or construct some new input device...), well you get my drift..

    5. Re:FTP Services Banned! by Tibe · · Score: 1

      Latest announcement the people who invented FTP have reported last quarter earnings of a grand total of zero. Now say they want to go public.

  15. Assets? by delphi125 · · Score: 1

    The only asset which might be worth something is the brand name, but if Bertelsmann wants to pay $8M for it, that's fine - to them it is a drop in the ocean. What is not so nice is that the money will probably go to lawyers (worse than *AA IMO).

  16. So now what? by INMCM · · Score: 1

    I'm confused at what point exactly we can stop caring about what's left of Napster. They obviously were never going to make any money months ago. A buy out was pretty obvious at that point even at that point and this bankrupcty pretty much seals it. Do we keep talking about it for nostalgia's sake? We have so many new and better P2P clients that are ripe for discussion.

    Napster is dead, live long everything else!

    --
    Caffeine Good
    1. Re:So now what? by NightEyez · · Score: 0

      You're right, its a nostalgia thing. Sort of like making a big deal when Timothy Leary died or that Sonny and Cher shows are on DVD now. Big wup.

  17. Get this zombie burried! by mseeger · · Score: 1

    Hi,

    Napster has been dead for such a long time, that not only the business model stinks.

    CU,
    Martin

  18. Chapter 11 is for protection of their assets by Fly · · Score: 5, Interesting
    The Chapter 11 filing was part of the deal to sell to BMG. It protects Napster from its creditors since I presume BMG didn't want to buy Napster only to have people taking pieces of it while they work towards a transition.

    If you recall, K-Mart has also filed for Chapter 11 bankruptcy to protect them from their creditors while they attemp to reorganize into a profitable company.

    Filing for Chapter 11 bankruptcy does not mean that the company is gone or is no longer operating. In the case of Napster, the great levels of piracy ended long before today.

    --
    end of line
    1. Re:Chapter 11 is for protection of their assets by fallacy · · Score: 1

      Someone mod parent up (I haven't got any mod points today...)

      As Fly says: it doesn't mean the end - Chapter 11 is merely a means of protection and doesn't actually mean that the company's dead.

    2. Re:Chapter 11 is for protection of their assets by bjtuna · · Score: 1, Flamebait

      Thanks for your post. The fact that I had to scroll down half the page to find someone who actually READ THE ARTICLE suggests something (though I'm not sure what) about the Slashdot community.

    3. Re:Chapter 11 is for protection of their assets by techsoldaten · · Score: 1

      For that matter, USi is a great example of a company reorganising under chapter 11 protection. They just recently emerged from chapter 11 and are now on their way to becoming a solid firm.

    4. Re:Chapter 11 is for protection of their assets by bjtuna · · Score: 2

      Same with Covad.

  19. Napster gone finally... by BrodieBruce · · Score: 1

    but I've considered it to be out of commission for about 1.5 years now. Is it right or wrong, well, I think that's been debated enough already. Since they shut down, and then scour disappeared quite a while ago, I've been a bit hard-pressed to find *good* alternatives. I don't want to mess with the spyware and slow downloads of Kazaa/Morpheus. I've tried using direct connect, but I don't have the 30GB (or more) of shares required to get into many of their download groups. The last time I tried lopster was before their 3/27 release, and I wasn't extremely impressed. But often times I end up resorting to getting mp3s from other people's computers on network neighborhood. Yeah, it's a bit primitive, but it's often the easiest way when you're in college. Now that I'm getting ready to graduate, I'm starting to wonder what my next best alternative is, any suggestions?

    1. Re:Napster gone finally... by MadKeithV · · Score: 0, Troll

      Now that I'm getting ready to graduate, I'm starting to wonder what my next best alternative is, any suggestions.

      Getting a job, and paying for the music, maybe?

    2. Re:Napster gone finally... by Anonymous Coward · · Score: 0

      Use your post college salary to actually pay for what you use!

    3. Re:Napster gone finally... by Anonymous Coward · · Score: 0

      Touche.

    4. Re:Napster gone finally... by Anonymous Coward · · Score: 0

      Suggestions?

      Hell, you could try *buying* the fucking CD for once. C'mon folks, the grabbier you get the more paranoid the freaks in Congress are going to get and the more trouble you're going to cause for those of us whose entire Ogg collection originated from bought CDs.
      Do you really want to give the RIAA the ammo it so desperately wants to fuck up every electronic device from your digital camera to your PC? The more you whine the more you play directly into their hands.

      THINK!

      -P

    5. Re:Napster gone finally... by Anonymous Coward · · Score: 0

      He said he was look for GOOD alternatives. That's a shitty one unless all the record stores now allow you to make your own compilation CDs of only songs YOU WANT, and for a decent price.

    6. Re:Napster gone finally... by morgajel · · Score: 5, Funny

      I've been trying to find blues travelers cover of johnny b. goode for 3 years now. the only place I've EVER found it was on napster. it was from a tape someone made at a concert. imagine john popper soloing on that song with his harp going at 3 times the normal tempo.

      I'd gladly PAY for that song, however I've yet to find a place that sells it, including www.bluestraveler.com
      Napster served one purpose and one purpose ALONE for me- rare bootlegs of songs the bands never put on cd. Oh, that and john mayer

      --
      Looking for Book Reviews? Check out Literary Escapism.
    7. Re:Napster gone finally... by sffubs · · Score: 1

      You could find a low share hub on Direct Connect, they do exist. But I get most of my music from the local CD library these days; rent-em & copy em.

      -s

      --
      ݼ)s$æúßðíÊ'öX'îò5^àûßQç£
    8. Re:Napster gone finally... by Anonymous Coward · · Score: 2, Informative

      If you're looking for live blues traveler you should check out furthur www.furthurnet.com. Its a free and legal mp3 live performance program that allows trading of artists who allow it. And blues traveler is on the list. Check it out.

    9. Re:Napster gone finally... by BrodieBruce · · Score: 1
      My sentiments exactly. I do buy cds. However, I do not like paying $17+ for a cd that contains one song I like.

      If I could goto a music store and pay $2 for every song I want (in .wav format), and have them burned onto a cd-r, then I'd gladly do it.

      Until that becomes available, I'm looking for better alternatives.

    10. Re:Napster gone finally... by balloonpup · · Score: 1

      Well, as to spyware, there's none in KaZaa Lite...and on that, I regularly get around 50K/sec down as well. I'd suggest eDonkey2k too, but I can't ever seem to find anyone with a fast connection on it.

      --
      I sing the doggie electric!
    11. Re:Napster gone finally... by MadKeithV · · Score: 1

      So you want that Mercedes in polka-dots, but they don't offer it in polka-dots, and that makes it okay for you to steal one and get it repainted?
      Or you only want the Mercedes star, but it isn't offered separately, so that's okay to steal too?

      Just because the original provider of the content doesn't offer exactly what every single customer wants doesn't make it okay for you to take it.

      Do not group the stealing of copyrighted content and the fact that a lot of content is crap into the same argument. Yes, a lot of bands put out CDs with one semi-memorable song and 11 pieces of filler, but that still doesn't change the fact that you're stealing. I'm a musician too, and my bands' songs become freely available on MP3 as soon as the next CD is in the works. That's just good business sense, and I also wouldn't bust your ass for sharing those over a peer-to-peer network. But if I WOULDN'T want you to share, I'd like you to respect that too. Just because you don't like the soft slow songs doesn't give you the right to rip me off if I want to sell them as a package.

  20. What can we learn from this? by Pivot · · Score: 1

    Well, maybe something about the record insdustry in general..

    But at least we now know that you cannot first offer a service free of charge on the internet, loose millons of dollars, and then try to get it all back by offering a lesser service at a cost.

    Napster was a dot-com bomb, even if they had a genuine new concept.

  21. I bought more music when i used napster.. by Monofilament · · Score: 2, Interesting

    Personally this is my two cents. I really could care less to see napster go. I buy my music, because i like collecting CD's and records. The only reasoned I cared at all about napster is because when it came out. I found it was an awesome way to find new music i hadn't heard... preview it in good quality, listen for a while make sure I wouldn't get bored, then I BOUGHT THE DAMN CD! Alas, I know I am one of the few people who used napster that actually ended up buying more CD's because of it. Thats because radio in this day and age, at least where i lived, which is philadelphia, sucked and still does, and is one sided. BUT that is a whole other rant for a whole other topic.

    Anyway so Napster is gone.. I'll just have to go back to free previews on www.cdnow.com to figure out if I like new music that i want to buy.

    --


    Who makes you Sig?
    1. Re:I bought more music when i used napster.. by oldstrat · · Score: 1

      I don't think you were one of the few.

      I was the same.

      Napster Turned me on to a lot of stuff I'd never have heard of otherwise.

      If I like it, I bought it. If I didn't then I didn't have to cuss and toss out yet another overpriced CD.

      Sad/Glad to see Napster go, the shape it was in was pathetic.

      Too bad all the good, useful online storage outfits got caught in the crossfire, there was real use and value in temporary access anywhere storage.

    2. Re:I bought more music when i used napster.. by matvei · · Score: 1
      My thoughts exactly.

      A few months ago I bought a shitload of CD's that I already had as mp3's on my hard drive. Since most of them were quite old and not that popular I couldn't have heard them anywhere else (They don't play a lot of old warp records' stuff on MTV ;-). I downloaded a few mp3's using LimeWire and I was hooked. I just had to get those CD's, if only to support the artists who made them.

      But then on the other hand I test drive games before buying by getting the warez version first... (most 1337 D3wD5 just settle for the warez).

      _matvei

  22. Re:First Crapflood! by Xaoswolf · · Score: 0, Offtopic

    This is the second time I have seen this in the last 5 minutes, and it is also the second time I have seen it as modded up as funny???

  23. I never understood... by mrgrey · · Score: 1

    why companies like Napster didn't move to someplace like Sealand where nobody could really touch them and they wouldn't have to go under. Maybe some day company will get the idea to move out there, at least their server(s)anyways.

    --
    -Tolerate my intolerance
    1. Re:I never understood... by NightEyez · · Score: 0

      I think the issue with Sealand is that their pipe could get cut off from its main source (England?) as a result of a court case. They are a sovereign country but they still pay for a business service which has no boundaries. That is the weak link in the chain.

    2. Re:I never understood... by Dephex+Twin · · Score: 1
      Maybe some day company will get the idea to move out there, at least their server(s)anyways.

      Someone already has.

      mark
      --

      If you want to make an apple pie from scratch, you must first create the universe. -- Carl Sagan
    3. Re:I never understood... by jridley · · Score: 3, Informative

      I'm sure there's something I don't understand about this, but...
      Sure they could move their servers offshore. But they still have to have a business located somewhere. If you have an office or employees in a country, you (or at least the portion of the company that those employees work for) need to follow the law in that country. Moving the server to Sealand doesn't mean that your office in New Jersey can't be issued a summons. Even if you incorporate offshore and have your employees telecommute, you need to have at least bank routing to get them their paychecks. The government can impound those accounts.
      Sealand only seems to me to be a good place for individuals to host info pages, not to run a business out of.

    4. Re:I never understood... by VAXman · · Score: 2

      If they did business in the U.S. (i.e. had people in the U.S. connecting to their servers), then they would have to abide by U.S. laws for those customers. There are many, many precedents for this. Sure, they could set up shop in Sealand and serve up anything at all to the locals, but most people don't want to move to Sealand to get around free music.

  24. Finally by new_breed · · Score: 1

    No doubt I'll read a lot of comments here that also appeared during the last two (or three?) napster stories..How much more topics is this whole Napsterstuff gonna take?
    I doubt anyone's got anything interesting to say now, when this topic has been milked as much as it is. Why not post something about Napster when something actually *interesting* happens to it?

  25. Profits are cool again! by Anonymous Coward · · Score: 0

    I'm so glad everyone is paying for everything again and that piracy is dead.
    Shareholders cry PROFIT unto the night and let slip the dogs of war.

    Lost sales = people who were actually going to BUY your product before getting a ripped/cracked version.

    Sales through piracy = people who never would have heard of you otherwise getting a ripped/cracked version of some app/album and deciding they want "the real thing"/support/cover art/liner notes/docs.

  26. The Music Industry has Lost by Alien54 · · Score: 3, Insightful
    With the Recent court ruling in the netherlands that Kazaa cannot be held reponsible for the actions of it's users, the Music industry has lost.

    They will never again have the opportunity that they let slip through their fingers because they killed Napster. Napster had the widest selection where anyone could find anything, and it worked well. They threw away the opportunity of a lifetime because they got greedy.

    Instead of working out a system where they could have gotten paid something somehow, they grasped for millions, throwing away billions

    It is a typical case of the big fish in the small pond fearing the ocean

    There will probably never be the same chance to create a market and integrate it all into one service again.

    There was a pretty good interview with John Lanning on CnetRadio that is worth listening, goes into the history, and where he sees things going from here.

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:The Music Industry has Lost by Ooblek · · Score: 5, Insightful
      ith the Recent court ruling in the netherlands that Kazaa cannot be held reponsible for the actions of it's users, the Music industry has lost.

      Don't count on that. They still have more money and time to throw at the problem. My guess is that they will do so, at whatever level it takes. They are a big part of the US economy, so I would guess there will be some sort of political pressure through treaties or something.

      For now, though, the seas are open and there is loot to be reaped.....er, music to be downloaded.

    2. Re:The Music Industry has Lost by Anonymous Coward · · Score: 0

      Mr Bunnypants (bush) will declare that downloading music is terrorism and will thow anyone in jail that downloads music.

      USA! USA! USA!

    3. Re:The Music Industry has Lost by Anonymous Coward · · Score: 1, Insightful
      They are a big part of the US economy...

      No, they are a very small part of the US economy. If I'm not mistaken, video games have surpassed their earnings. The music industry is loud and connected, but nowhere near essential.

    4. Re:The Music Industry has Lost by Anonymous Coward · · Score: 0

      >Don't count on that.

      Trust me, GE is/was bigger than the RIAA, and were still beat by satellite pirates nomatter what laws they bought.

      I see the RIAA fighting piracy as a non-starter issue.

    5. Re:The Music Industry has Lost by Bat_Masterson · · Score: 1

      Don't count on that. They still have more money and time to throw at the problem. My guess is that they will do so, at whatever level it takes. They are a big part of the US economy, so I would guess there will be some sort of political pressure through treaties or something.


      AND the music industry will pick up the support of the book industry, the video industry, the movie industry, the radio industry, the television industry, and the software industry -- all of whom are trying to sell copyrighted material that Napster wanted to give away (P2P doesn't just trade music).
    6. Re:The Music Industry has Lost by Anonymous Coward · · Score: 0

      > It is a typical case of the big fish in the small pond fearing the ocean

      Big fishes from small ponds have very real reasons to fear being dumped into the ocean. No experience with larger, more complex environments or the other competitors/predators in there. Big fish can get deaded very, very quickly if bf can't adapt fast enough to the changed conditions.

      None of these points are lost on the record labels.

  27. When Taco Doesn't Even Read The Article...Sheesh by ackthpt · · Score: 3, Interesting
    Bertelsmann stepped in on May 17 with $8 million to buy Napster's assets. As part of that agreement, Napster was to seek bankruptcy protection and emerge as a wholly-owned unit of Europe's second- largest media group.

    Chapter 11 means protection from creditors while reorganizing, which has been the plan. They're not shut down, they've not gone away, they're just shifting debt around and restructuring (i.e. laying off any worker bees left, negotiating terms on debt payment, etc.)

    This is hardly a surprise, nor the end of Napster. The only effect against "music piracy" is that Napster, under BMG's thumb, will simply be a store front for their products. In a way, similar to what the Mega-swill Brewers did 10-15 years ago, buying up all those threatening little micro-brews and screwing up their distribution to preserve market for the highly profitable [yecch] that they sell (i.e. you don't become billionaires without putting rice in your mash instead of expensive barley.)

    --

    A feeling of having made the same mistake before: Deja Foobar
  28. damn by natefanaro · · Score: 1

    So where am I going to get all my Celine Dion MP3's? I've been waiting for Napster to come back so I can get the new CD!

    Kidding of course.

  29. Re:First Crapflood! by Anonymous+Cowrad · · Score: 0, Offtopic

    I was going to come up with an analogy about a guy walking into a party with an airhorn, screaming his ass off so that nobody else could talk, but then I realized that would never happen because people generally behave themselves when not hiding behind the internet.

    I put my money on a social (rather than physical) defect. Some people can't manage to string together enough synapses to post something intelligent, yet they are still compelled to post. Some people need attention.

    I know this is offtopic, as is the parent, but sometimes I just gotta rant :)

    --

    --
    pants ahoy
  30. This probably would've happened anyway... by ldspartan · · Score: 1

    Regardless of the actions of the music industry, Napster was never going to be profitable enough to survive. It wouldn't have made it as a subscription service, and bandwidth isn't free as we all known. Centralization is dead as a P2P concept, as there's no way to support the hardware & bandwidth costs.

  31. Organized crime by Anonymous Coward · · Score: 0

    Making your way to the top in the musical
    business traditionally required shitloads
    of work and playing small gigs in small
    ugly bars to earn your living. Then maybe
    after ten-twenty years of doing those jobs
    you are able to record an album. And only
    maybe. Being an old band does not guarantee
    succes (obviously).

    But nowadays you see designer bands nomatter
    where you look. I am sure some of them have
    a little bit of talent, but I am also sure
    that lots of them are just ordinary boys/girls
    with nothing more than looks and a huge crowd
    of rich folks behind them designing their
    career.

    I am having trouble feeling sorry for these
    designer bands that they only sell 1 million
    albums and not 1.5 million albums because
    people illegally copy their music (and it might
    not even be the case that piracy lowers sales).

    But I _do_ feel sorry for all the hard working
    artists trying to make a name for themselves
    and failing, due to piracy (if in fact piracy
    has a negative effect on the music business).
    People with talent.

    However, my opinion matters fer shit, cos'
    the law is the law and until it's changed, you
    better fucking live by it.

    I would very much like to support Napster in
    the process of defining a new service that
    protects the companies and the performer as well
    as providing a reasonable service to the crowd.

    Some sort of pay-per-listen would be fantastic.
    I wouldn't mind subscribing to some service where
    I could hear the music I wanted and automatically
    get billed for it. 1 cent for a Metallica song,
    10 cents for a RHCP song and so on. ;)

    So good luck Napster, I hope you learn to follow
    the path of the righteous man. heh heh

  32. But look who comes to the rescue! by Asikaa · · Score: 1

    BBC News Online covers the same story here and reminds us that Napster's assets are now owned by media giant Bertlesmenn.

    --

    Asikaa
    Come in, twenty-seventy-seventy, your time is up.

  33. Re:I never understood...correction by mrgrey · · Score: 0, Offtopic

    company to companies.

    sometimes fingers don't listen to the brain

    --
    -Tolerate my intolerance
  34. Wait a sec... by TweeKinDaBahx · · Score: 1

    Honestly, this sin't a victory for anyone except the lawyers involved. Napster was mearly a ripple in the sea of piracy which has swept the internet as a result of highly availible and cheap bandwidth. On top of that, there are now so many random Napster-like P2P applications availible, ALONG with many other forums in which piracy occurs (IRC, ICQ, Usenet, and the list rambles on down the road almost endlessly...)

    The RIAA should stop wasting it's time and money by suing individuals and companies like it has been. It's pointless, wasteful, and gives them an image in the public eye that I'm sure doesn't help them curry favor with the masses. No matter how many news specials Tom Brokaw brings us, it's all still the same BS, kids have cable modems but no money and as long as the United States' doesn't decide to start filtering the net, piracy will march on.

  35. does this mean.... by davmct · · Score: 1

    that we can't get the newest Eminem CD before its release?
    awww nutz.

    Hailey Mathers:
    My dad is craaaay-zee!

  36. What I don't understand... by intermodal · · Score: 1

    is why after the trial they didn't just cut their losses and go home. Not to be defeatist, but Napster was dead as soon as they finally lost the judgement. Even though trying to stay open was a decent gesture of "screw you, RIAA, you didn't kill us", but it reminded me of the desperate flailing of a dying man covered in napalm.

    --
    In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
  37. sad by tps12 · · Score: 1

    I am as disenheartened by this news as any fellow slashbot. Napster was a shining star above the wasteland that is modern software, a nuculus of elegence and power. I guess open source just doesn't work.

    R.I.P. Napster. It was a great ride.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:sad by Anonymous Coward · · Score: 0

      Is this the long awaited troll AI I keep hearing about?

    2. Re:sad by Anonymous Coward · · Score: 0

      Almost funny, but everyone knows that Napster wasn't open-source.

  38. In a related story... by Anonymous Coward · · Score: 0

    Cnn money filed for bankruptcy after the bandwidth of a slashdotting was paid. Google cache here

  39. But, But... by Anonymous Coward · · Score: 0

    I bought the Vinyl, often 2 or 3 times because the sound would get awful. I bought the Tapes, often again when the tape would snap. I bought the CD, then bought it again when someone stole my collection. I even taped it over the radio. But now I've got a copy of the song on my hard drive - twice. And you tell me I'm a thief. I think there's something seriously wrong with your head. Fortunately for me you're harmless, not to mention clueless.

  40. What is stealing? by nukeade · · Score: 2, Interesting

    Sure, Napster has gone bankrupt because the efforts of a typically greedy industry, but don't side with their "moral" argument and accuse me or Napster of stealing MP3s. I never stole anything. I copied someone else's zeroes and ones, and zeroes and ones are not music until you interpret them. In fact, I could interpret them in any way I want to. Go ahead and argue that I was in fact always and exclusively interpreting them as musicm but the fact remains: they will never, ever be the music exactly, they will always be a digital approximation, however convincing it is. I will not agree with the stealing argument until the RIAA defines clearly what the music is and what is stealing them. By their argument, am I stealing the song if I sing it? That's an approximation too. You'd have to plug the analog hole in my head and stop me from thinking of the song after listening to it. How close to the song does the approximation have to be until it is considered to be the song? And what defines the song? Is the song zeroes and ones? No, it's a pattern of sound waves reaching my head, but the pattern is never the same as it was in the studio on a digital approximation. What if these zeroes and ones can be interpreted to be the music in mp3 format, but if I change the extension to .doc and open it in word, it's really an informative paper? If you allow people to copyright digital approximations of a song, you effectively allow people to own numbers, which are a natural phenomenon. Look at the case of the people who wanted to translate their DNA sequences into MP3 format for the same degree of copyright protection. You might as well copyright air if you are going to say, "This, and anything I decide is arbitrarily similar to this in a specific interpretation is mine!"

    The fact is, stealing is a fuzzy line when you speak in terms of zeroes and ones, and what music is. I believe that due to this argument, the music industry has no choice but to adapt to use file sharing to its benefit, and the RIAA is working against consumer and its own interests in this case.

    Hilary Rosen, shut your analog hole.

    ~Ben

    1. Re:What is stealing? by Anonymous Coward · · Score: 0

      How much do I have to pay to the RIAA for them to come and remove Jethro Tull from my head?

    2. Re:What is stealing? by plugger · · Score: 1

      If you allow people to copyright digital approximations of a song, you effectively allow people to own numbers, which are a natural phenomenon.

      You allow people to claim ownership of a particular arrangement of numbers, musical notes, program instructions, bricks, whatever. Just because the elements of a creation are preexistent, does not necessarily mean that anything produced from them is up for grabs.

      You might want to argue that the potential for each and every song, program, car design etc is preexistent, and the producer of creative works is just the 'lucky finder', but I don't subscribe to that view.

    3. Re:What is stealing? by Chester+K · · Score: 2

      Sure, Napster has gone bankrupt because the efforts of a typically greedy industry, but don't side with their "moral" argument and accuse me or Napster of stealing MP3s. I never stole anything. I copied someone else's zeroes and ones, and zeroes and ones are not music until you interpret them. In fact, I could interpret them in any way I want to. ... If you allow people to copyright digital approximations of a song, you effectively allow people to own numbers, which are a natural phenomenon.

      I take it then you don't mind when people take GPL'd code and incorporate it into their own software without releasing the source? They're not stealing, they're just making a copy that doesn't hurt anybody, so they shouldn't be forced to follow the licensing, right? And after all, can't the latest Linux kernel be boiled down to just one really big number? It's a natural phenomenon -- it can't possibly be copyrighted or bound to a license!

      --

      NO CARRIER
    4. Re:What is stealing? by nukeade · · Score: 1

      You've overlooked an important point I made:

      Whereas the music industry defines what they own as a broad expanse of poorly defined signals, or numbers if you will, the linux development stuff is very well defined: the changing of just a few digits could result in a massive change in functionality.

      I said that I would support their argument if they could tell me what it is that they own, without being so broad. Yeah, there are loopholes, but the RIAA seems to be targeting all of our rights to share information in their broadness whereas the code and publishing industries are not - in part because of the lack of ambiguity.

      ~Ben

  41. Are you insane? by Gorbie · · Score: 5, Insightful

    you are comparing music theft with Jesus' acts, the boston tea party, and the freedon of slaves?

    Thanks for making my point. You really did just fall off the turnip truck.

    1. Re:Are you insane? by Rude+Turnip · · Score: 1

      I'm not making a comparison of the magnitudes of anyone's acts, just the point that history isn't made by those who happily fell in line. I was trying to cite examples that most people could recognize.

    2. Re:Are you insane? by Anonymous Coward · · Score: 0

      You're such a big moron. You just dug yourself your own grave with your idiotic analogy.

    3. Re:Are you insane? by Anonymous Coward · · Score: 0

      What if someone were to kill you? I'm just curious.

    4. Re:Are you insane? by Anonymous Coward · · Score: 0

      Let me! LET ME!!!

    5. Re:Are you insane? by ToLu+the+Happy+Furby · · Score: 2

      you are comparing music theft with Jesus' acts, the boston tea party, and the freedon of slaves?

      Thanks for making my point. You really did just fall off the turnip truck.


      Are you comparing the Boston Tea Party with Napster?? The Boston Tea Party was an act of outright vandalism in which anti-government reactionaries protesting a somewhat obscure point regarding differential tarriffs and government monopolies broke into ships which were not their property, and destroyed valuable physical property which not only did not belong to them but which other people wished to purchase and now could not. Indeed, the Boston Tea Party was the climactic event in an illegal embargo carried out against colonists as a whole by a small group of radicals who decided that the law regarding tea taxation was wrong and thus that all imports of British tea were to be blocked through threat, vandalism and violence.

      Napster, on the other hand, did not involve stealing, vandalism, or destruction of physical property. It almost certainly contributed heftily to the bottom line of the record companies and musicians who brought complaints against it. Use of Napster to share (but not to download) copyrighted music was found to constitute illegal copyright infringement; however, this hinged on a technicality of the 1992 Audio Home Recording Act which did not include mp3s as being under the purview of the rule that noncommercial copying and distribution does not constitute infringement (before the AHRA, all noncommercial copying and distribution were considered fair use, so the AHRA was sharply broadening copyright law as it had been understood for centuries). Unlike the Boston Tea Party which was carried out by a small group of radicals, probably against the wishes of and certainly with economic harm to the large majority, Napster was used by tens of millions of Americans; perhaps an absolute majority of all Internet-connected Americans, and certainly an absolute majority of those with broadband.

      The actions taken by the perpetrators of the Boston Tea Party were and are and always will be unambiguously illegal. No society can survive long on the principle that it is okay to break in and destroy others' commercially significant private property as a means of protesting government policy. Napster, on the other hand, was found illegal only after significant court action, and would not have been illegal under copyright law as it existed for centuries prior to 1992.

      So why can we view the Boston Tea Party as an admirable event of history? Because it was carried out in the name of greater ideals, namely the proposition that all citizens deserve a voice in the laws that govern them. Note that this proposition is not obviously more correct or more noble than the proposition underlying Napster use, namely that people have the right to share artistic/intellectual content with each other provided they have purchased the means of reproduction and distribution; or, perhaps, that people have the right to use things they have purchased (i.e. CDs, computers and Internet access) as they see fit so long as their actions do not directly hurt anyone else. In any case, the point is that the Boston Tea Party proposition has since been judged by history to be correct (of course, history is written by the winners), whereas the Napster proposition(s) are perhaps almost as controversial today as the proposition that people have a right to self-government was 230 years ago.

      As for slavery, we might note that it is not prima facie obvious that allowing people to be owned as private property is any more or less unusual or immoral or against the tenets of natural law than allowing ideas to be owned as private property. Indeed the vast majority human societies throughout history have considered people a valid form of property and ideas not.

      As for Jesus...I'm not touching that with a ten foot pole.

    6. Re:Are you insane? by Anonymous Coward · · Score: 0

      stupid american. the pattern is clearly there. If you can't see it you're a stupid american of great magnitude.

  42. There's another variation on this story..... by 8127972 · · Score: 2

    located at news.com. It's quick and to the point.

    --
    This is my opinion. To make sure you don't steal it, it's covered by the DMCA.
  43. lame slashdot editor's comment by astrashe · · Score: 5, Insightful

    Whatever you think about Napster, the editor's comment on this story is lame.

    Putting a murderer in jail doesn't put a stop to all murders. Does that mean it's a waste of time?

    We're blowing this argument, and when we lose, everyone's going to blame the record companies, but it's going to be our own fault.

    Defending stealing is wrong, and as much as everyone likes free stuff, it's just not possible that the "stealing is ok" argument is going to fly in the courts and in congress over the long run.

    The other lame argument that people make is that "the record companies would be better off if they allowed sharing." Maybe. Probably not. But the point is that it's their property, and they get to decide what to do with it.

    There are two issues on the table. The one that everyone talks about is piracy. There's no way to win this in the law, although technology will probably make it possible to steal music and share it over the net for the foreseeable future.

    The other one, and the one that is winnable, is about whether or not there will be open electronic distribution systems. Right now entertainment companies control distribution, and that's how they make their money.

    Movie studios make money by controlling access to the multiplexes -- indpendent films have to make "distribution" deals if they want to be seen. And if you want your CD in the Virgin Megastore, you've got to cut a deal with a big label. That's the toll booth.

    The entertainment companies are using the piracy issue to cover up their other agenda, which is to avoid open distribution at all costs.

    And their biggest allies aren't corrupt senators, they're whiny assholes with a sense of entitlement, sitting on their asses, believing that the world owes them free eminem records.

    The arguments for stealing marginalizes the people who make it. It marginalizes the public's interest. It's suicidal politically and morally bankrupt.

    Take my karma. I don't care.

    1. Re:lame slashdot editor's comment by goldspider · · Score: 2
      "Movie studios make money by controlling access to the multiplexes"

      Actually they make most of their money on VHS and DVD releases. They recoup their costs, pretty much, with the theatrical releases, and the video releases is all profit.

      Ironic that Jack Valenti was convinced that VHS would be the death of the movie industry, which now, apparently, is the primary vehicle sustaining it.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    2. Re:lame slashdot editor's comment by GungaDan · · Score: 2
      "Defending stealing is wrong"

      Bullshit. Stealing is wrong. "Defending stealing" is free speech. "Prosecuting fair use" is wrong...

      --
      Eloi are stupid, throw morlocks at them!
    3. Re:lame slashdot editor's comment by garett_spencley · · Score: 2

      You make a lot of good points and they're all points that have been made before.

      The way I see it is that it all comes down to the age old argument "guns don't kill people, people kill people".

      You can say all you want about Napster's intent but the fact is that intent usually doesn't come into play in U.S law. There was a case a year or so ago about a guy who wrote a parody or a satire about the Church of Scientology. Well they took the guy to court and won because despite the guy's intent and the context in which his parody was used, what he said was considered a threat and was therefore illegal.

      The same thing can be applied to Napster but in this case I don't think Napster was doing anything illegal.

      They provided a way in which people could share mp3 files. Sure they're intent may have been for you to grab the latest Staind songs and burn them to CD but using the case I described above intent has nothing to do with the law and I have yet to read a law where it says that royalties must be payed on all mp3 files regardless of who owns the copyright!

      The fact is that it's entirely up to the users as to wether the mp3 files that they download are copyrighted by someone who demands royalties on them. I know that Napster got burned because they lmiited their system to audio files only but I'm baffled at how the courts can look at that as illegal because as I just stated there is no law which states that all audio files are property of the RIAA so you're really alienating the users who use the system legitimately regardless of how small that user base may be.

      When intent is taken into consideration in the judicial system then you can burn Napster for intending to violate copyright but for now it was just a tool.

      And just for the record I don't miss Napster. I used it for a bit but I don't care now that's it's gone. I'm not defending them because I want to see them thrive I'm defending them because I don't see why what they did is illegal (but I'm not a laywer so what do I know?). If they were still around and just as popular as they were 2 years ago I would not use it.

      To shamelessly quote Dennis Miller: "Of course this is just my opinion I could be wrong".

      --
      Garett

    4. Re:lame slashdot editor's comment by TheAwfulTruth · · Score: 2

      As a matter of fact. "intent" plays a HUGE role in US law. That's the difference between murder and manslaughter. Napsters "intent" was to give away commercial music for free. That was their advertising slogan and they even wrote a theme song about it! They bragged that you wouldn't have to wade through tons of indie and unknown trash to find the good stuff.

      Napster was special in that they intended to distribute other people's copyrighted works for free. They were no Morpheous or Kazaa. They were guilty as hell from day one.

      --
      Contrary to popular belief, coding is not all free blow-jobs and beer. Those things cost MONEY!
    5. Re:lame slashdot editor's comment by imadork · · Score: 2
      There are two issues on the table. The one that everyone talks about is piracy. There's no way to win this in the law, although technology will probably make it possible to steal music and share it over the net for the foreseeable future.
      The other one, and the one that is winnable, is about whether or not there will be open electronic distribution systems. Right now entertainment companies control distribution, and that's how they make their money.

      Bingo! We all know that the Piracy stuff is grossly overstated by content distributors, but we also know that full-fledged Piracy does take place, but doesn't effect* sales to the extent that the distributors contend. We also know that there is no practical solution to the problem.

      But the Powers That Be are anxious to do anything to make it look like they're being useful. Any action is better than no action in their eyes.

      Content companies are using the Piracy problem as an excuse to make proposals that secure a government-sanctioned oligopoly on content distribution on the Internet. AOLTW and Sony and Disney get to distribute conetent, and you don't if you don't have their blessing. Ever. Preventing Piracy is just a smokescreen. Anyone who whines about Napster or Fair Use without making this point will simply get ignored.

      * = affect or effect? I always get them confused...

    6. Re:lame slashdot editor's comment by shepd · · Score: 2

      Since when did copying become stealing?

      If people would stop twisting words about we'd find that copyright violation isn't as serious as people think.

      Heck, we don't even apply the word "stealing" to murder, even though one could twist the word stealing to mean "stealing someone's life".

      The only way piracy becomes stealing is when someone sells a full-price boxed fraudulent copy. Then you can prove the "pirate" was interested in buying the real thing.

      Saying that someone on a fixed-income would have bought M$Office Professional for $300 (or bought an entire beatles compilation for $300) instead of getting a copy from a friend doesn't make it true.

      If it were true that thinking someone might have the intent of stealing made it fact, there'd be no need for "Break and Enter" as a crime.

      In most countries, when someone commits a petty misdemenor (and that's what copyright violation should be) police will wait to see "how far" the criminal will take the crime so they can pin the maximum number of charges on them (except, of course, taking it to the point of risking peoples lives).

      If a policeman sees you breaking into a house and stops you right away, unless he can find proof that you had intentions of stealing things (for example, you had a big truck and connections with a gang) the best he'll probably get you is a month or two in jail. Maybe. All you'll have to say to the judge is that you were going to play a prank.

      Same with piracy. Unless you can prove I was going to buy the software/music (receipts of a returned goods would work, or perhaps testimony from people you might have told you were interested in purchasing it from) there's no solid evidence, and noone is a thief.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    7. Re:lame slashdot editor's comment by nfk · · Score: 1

      Defending stealing may be free speech but it doesn't mean it isn't wrong. If someone agrees stealing is wrong and still defends it... that's odd.

    8. Re:lame slashdot editor's comment by Anonymous Coward · · Score: 0

      Copyright infringement is not stealing.

    9. Re:lame slashdot editor's comment by Anonymous Coward · · Score: 0

      affect. Effect as a verb is rarely the word you're trying to use. Likewise affect as a noun is rarely the word you're looking for.

    10. Re:lame slashdot editor's comment by Anonymous Coward · · Score: 0

      The only way piracy becomes stealing is when someone sells a full-price boxed fraudulent copy.

      Also plagiarism is commonly described as "stealing someone else's words". That's probably how the link to copyright infringement first started.

      Making a copy and distributing it is not stealing. Making a copy and claiming that you are the author is.

    11. Re:lame slashdot editor's comment by Anonymous Coward · · Score: 0

      Copyright infringement is still wrong.

    12. Re:lame slashdot editor's comment by shepd · · Score: 1

      >Also plagiarism is commonly described as "stealing someone else's words".

      Quite true, I should have thought about that.

      In the case of plagarism, you are directly stealing the "profits" of the author by claiming the work is yours. The losses (required to call something stealing) to the author are often, in the case of plagarism, demonstrable, unlike plain piracy.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    13. Re:lame slashdot editor's comment by plugger · · Score: 1

      I don't think the gun analogy holds, though. If 90% of guns sold were used to unlawfully shoot someone within a week of their sale, I am sure their public distribution would be outlawed.

    14. Re:lame slashdot editor's comment by astrashe · · Score: 2

      Is inciting murder wrong?

    15. Re:lame slashdot editor's comment by Anonymous Coward · · Score: 0

      By what moral system? I don't think God ever said "Thou shalt not commit copyright infringement".

    16. Re:lame slashdot editor's comment by Anonymous Coward · · Score: 0

      Napster did not incite copyright infringement, it merely facilitated it.

  44. Napster obituary. by cerskine · · Score: 1

    It is with great sadness that I bring you this news: Napster is dead.

    It was at 03:02 PM on the afternoon of June 3rd 2002 that, after many failed attempts to resuscitate the dying peer-to-peer music sharing app, Napster finally passed away. While Napster has been in it's death throes for many months now and it's death has been foreseen for many years, this is still a very sad moment, a great loss for mp3 dabblers and music lovers the world over. Though Napster has passed away, it will surely be fondly remembered for years to come by audiophiles, and the public alike. Even if you didn't enjoy using Napster, there's no denying it's contributions to popular music culture. Truly a Northeastern University icon. It will be missed :(

  45. seems to me, piracy has been around awhile... by Anonymous Coward · · Score: 0
    IIRC, the Apple II and C64 scenes were rampant w/ piracy. Hard Hat Mack, Diamond Mine, Leather Goddess of Phobos, Tass Times in Tunetown, Skyfox, Autoduel; all were copies. Everyone did it, and nobody felt bad. Now our little brothers and sisters are doing it. Where is the surprise? People are monkeys.

    I remember sending sombody $20 for a bunch of disks that I never recieved. Bastard. THAT'S when piracy hurts.

  46. I've never used Napster by Neil+Watson · · Score: 1
    I've never used Napster. There I said it. I did try Audiogalaxy briefly but all that searching and downloading was just to much trouble. In the end, if I did find the track I wanted the chances where good that the quality was bad.

    It's much easier for me to buy the CD I like and rip it to my computer. Hopefully, I will still be able to do this in the future.

    That being said, I haven't bought a CD priced over $12 (cdn) in over 3 years. Why should I pay almost $20 for a CD when according to most reports the performer (note I did not use the word artist) is only receiving about a dollar? I'm buying the CD because I like the performer's music not because I think Sony Music rocks.

    As it's been said a thousand times. If you begrudge the price of CDs:

    Don't Buy Them

  47. Metallica's new CD title by ehiris · · Score: 2

    "God of puppets"

    Only one song on the CD will be worth listening to.

  48. Modded up as insightful? by Anonymous Coward · · Score: 1, Funny
    You're stealing, you know it, I know it, now be a man about it...

    You keep using that word. I do not think it means what you think it means.

    1. Re:Modded up as insightful? by anthony_dipierro · · Score: 2
      You're stealing, you know it, I know it, now be a man about it...
      You keep using that word. I do not think it means what you think it means.

      Well, according to CmdrTaco, it means the same thing as copyright infringement. "Thats totally a copyright violation... I wish people wouldn't steal."

  49. Re:well now by Anonymous Coward · · Score: 0
    Or the right to misspell


    You expect something different from somebody called "Budgreen?"
  50. Misuse of the word "literally" by Rupert · · Score: 3, Informative

    I'll let the misspelling go, because this is Slashdot. However, you buy "litteraly tons of DVDs". A DVD weighs about 15g. Let's be generous, and assume you were including the packaging in your wight calculations, which would put it up around 150g per DVD. A ton of DVDs would therefore be ~6600 disks and packaging. You have tons, i.e. at least two, so we conclude that you have at least 13,000 DVDs.

    Where do you keep them all?

    --

    --
    E_NOSIG
    1. Re:Misuse of the word "literally" by jack1323 · · Score: 1

      Well, yes, the word is being mis-used in its truest form...but over time, language can and does change. Purists will put up a fight, but even they will be turned, over time.

      Other words that have "lost" their meaning:

      factoid (FAK-toid) noun
      Unverified or inaccurate information that is presented in the press as factual, often as part of a publicity effort, and that is then accepted as true because of constant repetition.

      enormity (i-NOR-mi-tee) noun
      1. The quality of passing all moral bounds; excessive wickedness or outrageousness.
      2. A monstrous offense or evil; an outrage.
      3. (Usage Problem) Great size; immensity.

      fulsome (ful-sum) adjective
      1. Offensively flattering or insincere.
      2. Offensive to the taste or sensibilities.
      3. (Usage Problem) Copious or abundant.

      as well as... sycophant, notorious, and fortuitous.

      (Above taken from www.wordsmith.org)

      Take it for what its worth, which might not be much--I'm an engineer. I prefer calculators over dictionaries.

    2. Re:Misuse of the word "literally" by Fulcrum+of+Evil · · Score: 2

      You have tons, i.e. at least two, so we conclude that you have at least 13,000 DVDs.

      Maybe he does the buying for a couple of Suncoast stores?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    3. Re:Misuse of the word "literally" by Gossy · · Score: 1

      Would you look at that. I bet all 13,000 are DVD-Rs, he must run a pirate DVD factory.

      Look, a terrorist!!

    4. Re:Misuse of the word "literally" by ShieldWolf · · Score: 2

      You are using it incorrectly as well:

      Main Entry: literally
      Pronunciation: 'li-t&-r&-lE, 'li-tr&-lE, 'li-t&r-lE
      Function: adverb
      Date: 1533
      1 : in a literal sense or manner : ACTUALLY
      2 : in effect : VIRTUALLY
      usage Since some people take sense 2 to be the opposite of sense 1, it has been frequently criticized as a misuse. Instead, the use is pure hyperbole intended to gain emphasis, but it often appears in contexts where no additional emphasis is necessary.

      Literally is an ADVERB. You can't buy LITERALLY anything.

      --
      just = (My)Opinion.toCents();
    5. Re:Misuse of the word "literally" by ar1550 · · Score: 1

      Where do you keep them all? If the Slashdot polls have taught me anything, it's that most Slashdotters would store their 13,000 DVD collection in CowboyNeal's basement.

      --
      I once shot a man in Reno 'cause they cancelled Firefly.
    6. Re:Misuse of the word "literally" by kaimiike1970 · · Score: 2

      Is that innuendo I hear? Are you coming on to Cowboy Neal? Is basement a euphemism for something perhaps? Don't be shy, at one time or another we have all considered getting a bit of Cowboy Neal.

      --


      Do a google search before posting.
  51. Jeep Wrangler [Re:It's just a vehicle for theft] by eples · · Score: 1

    Excellent choice ;)
    TJ or YJ?
    I traded my 98 1/2 TJ last year for a fully loaded Liberty Limited, that thing f-ing rocks.
    The original poster was just a jackass - if he/she has even one MP3 on their drive they are a hypocrite.

    --
    I'm a 2000 man.
  52. Property rights by Rupert · · Score: 2

    But the point is that it's their property, and they get to decide what to do with it.

    Except once they sell it to me, it becomes my property. That's what selling means.

    Of course, we have copyright laws to make sure I don't sell multiple copies of the work, but within those laws, it's my property, and I get to decide what to do with it.

    --

    --
    E_NOSIG
    1. Re:Property rights by CaseStudy · · Score: 2

      You're confusing the tangible medium with the expression contained therein. You can't distribute the latter independent of the former.

    2. Re:Property rights by astrashe · · Score: 2

      What does that have to do with Napster?

      I'm not saying that the RIAA is right across the board -- far from it. They are evil leeches. Fair use should be protected.

      The only way they look good is when they're standing next to apolgists for theft.

  53. Assets? by Spiffed · · Score: 1

    So what are they going to list as their assets? All of those stolen MP3?

    Technically, they're property of Napster since they got busted for posession of illegal materials (due to the fact that they were copyrighted.) Does that mean that they can sell them to pay back their creditors? And wouldn't that be the biggest blow to the RIAA (introducing all of those stolen MP3s to the market?) Although they were stored on other ppl's computers, they probably have some of them that were uploaded.

    And even if they only sell the software and the servers, couldn't some overseas company buy it all up and then start Napster all over again, this time out of the RIAA's grubby little hands?

    Wondering I am......

  54. Re:Jeep Wrangler [Re:It's just a vehicle for thef by WebWiz · · Score: 1

    Right on....It's a 1998 TJ (Black). Last year I toughed it up with some 32 inch tires. (wanted 33, but needed a lift package for that)

  55. Libraries completely killed the book publishers... by Futurepower(R) · · Score: 5, Insightful


    "Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better."

    Remember what happened when Carnegie endowed thousands of libraries across the United States? Well, people could then get their books free! And the obvious thing happened: The book publishing industry never sold another book, except to libraries.

    Not!

    Then there was that second socially destructive technological advance, TV. Once people could get their entertainment at home, and without paying extra, the movie industry almost completely disappeared, except for sales to TV broadcasters.

    Not!

    Well, the movie industry was already dead, of course, but another technological advance, the VCR, killed it again. When people found that they could record perfectly good movies on video tape, they stopped paying for movies! It was completely logical and understandable that this would happen.

    Not!

    The fact is, no one completely understands the issues surrounding intellectual property. We can't write a good law if we don't understand. Someone must sit down and do the thinking, and the thinking hasn't been finished.

    The music industry is so abusive that I tend to stay away from music. I find that, when I have access to free music (tapes and CDs from the library), I become interested in a particular type of music and buy more, not less. Maybe there are a lot of people like me, because, during the height of Napster, the U.S. music industry had its best year.

  56. This guy is a fallacy by shawnmelliott · · Score: 2

    <sarcasm>
    Somebody please delete this post. According to Rosen people like the one above don't exist. Note that

    " I buy my music, because i like collecting CD's and records"

    We all know that NOBODY that uses Napster buys music because it is a den of thieves and lowlifes... I know this because the RIAA told me so

    Also..

    " I found it was an awesome way to find new music i hadn't heard... "

    This is another fallacy. The only music that you find on Napster is copyrighted, pirated, ripped illegal music. Music that you hear on the radio, media pressed, mainstreamed music. You don't find any other kind of music on Napster but illegal music. I know this because the RIAA told me so.

    so either this guy above doesn't exist... or the RIAA has been lying to me. And I trust the RIAA
    </sarcasm>

  57. [whew] by D0wnsp0ut · · Score: 1

    [begin sarcasm]
    Thank goodness! Now all piracy of copyrighted music will stop and starving artists like Celine Dion and Metallica can sleep comfortably. The RIAA has forced both Napster and KaZaa to (effectively) cease operations as both filed for Chapter 11 bankruptcy.

    I tell you what...these Peer-2-Peer sharing networks are absolutely horrible! I mean, once you install the client software, you are branded a criminal no matter what you do because you may be maliciously and illegally copying all your music, violating copyright left and right. What artist in their right mind would want to give away their own music for free?!?! Good for the RIAA for shutting down those bad bad P2P networks. But I don't think the RIAA should stop there. They need to do more to ensure Celine Dion can drink Don Perignon for breakfast every day. They need to shut down all public FTP sites. They need to shut down all public IRC servers. They need to shut down all public web sites. As we all know, these protocols allow peer-2-peer sharing of files. And since those files *may* be copyrighted music, they should all be shut down without delay because their is a *possibility* that someone will send someone else a music file that was not purchased. In addition to public web sites, the RIAA needs to go after anyone who has Microsoft Windows (all versions), *nix/*BSD (any distribution of unix, Linux or a BSD derivative) and Apple Mac OS (any version) since all those operating systems have the technology to allow 2 or more machines to network together (again, there is the *possibility* of one person sending another a file containing copyrighted music.) Additionally, the RIAA needs to shut down all Instant Messaging services, like AOL, Yahoo, ICQ, MSN, Bantu and Jabber because they allow people to share files.

    Once the RIAA has those services shut down, they need to shut down all email servers because email allows the sharing of files. Once all email stops flowing, the RIAA must stop the Internet itself because there may be an as-yet undiscovered means for sharing files. And since those files *may* be copyrighted music files, the Internet must be shut down!

    After the Internet is shut down, the RIAA needs to shut down all radio stations because they're transferring copyrighted music over air waves, which can be recorded to cassette tapes and shared with others illegally! This madness must stop! The RIAA must shut down all electrical appliances because any electrical device with moving parts can generate an RF signal that can act as a carrier signal that can be used to transmit copyrighted music to others illegally. To that end, the RIAA must shut down all power stations to prevent this possibility!

    Once the RIAA has succeeded, we can go out and purchase albums legally and without fear of doing something criminal. Even though there would be no way to actually *listen* to the music, we can all rest assure that the copyright won't be violated.
    [end sarcasm]

    --
    "Those who would sacrifice liberty for security deserve neither!"
    1. Re:[whew] by actor_au · · Score: 1

      Thank goodness! Now all piracy of copyrighted music will stop and starving artists like Celine Dion

      Have you seen a picture Celine Dion recently?(
      It looks like she is really starving...

      --
      Read Errant Story.
  58. Recording industry lost this one by einhverfr · · Score: 3, Interesting

    You raise some good points. However, I think that the real losers here include not only the Napster fans, but the recording industry, and the artists themselves.

    I remember reading an interview with one of the Grateful Dead members about their efforts to set up a free archive of their works. The interview was particularly telling because it tackled the question of piracy of music and its effects on artists from a very non-RIAA perspective.

    Basically, the Grateful Dead moved beyond tolerating piracy on the part of their fans (in an effort not to drive fans away) to actually appreciating it as a sort of free marketing. Note that the vast majority of the money that most artists make comes from performances and not from record sales.

    The real napster issues are really complex and involve the following topics:

    1: Unbalanced copyright law.

    2: Exploitation of artists by the record companies.

    3: Piracy.

    Piracy is wrong because it continues to feed the unvalanced system. Copyright law was originally conceived to create a richer culture, not richer media moguls. An unballanced system causes the same sorts of damage as no copyright protection for literary works. This is why fair use is so important.

    Piracy also has to potential to cause the same sort of damage by preventing literary works from being created in the first place.

    The real issue is-- Napster was the symptom, not the problem, and the RIAA, etc. are strangling our culture (and themselves in the process) trying to enforce their warped view of copyright rights.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:Recording industry lost this one by Mr_Matt · · Score: 2

      Piracy is wrong because it continues to feed the unvalanced system.

      Heh...you said 'unvalanced system.' I think we all agree it'd be a nicer system without Jack Valance. :)

      --


      But what does my opinion matter, I just vote here. It's not like I have any money or anything.
  59. Find a new horse... by TWR · · Score: 2
    this one has been beaten to death.

    Can we find a new joke to make for any "death of Napster/Gnutella/KaZaa/P2P" news?

    -jon

    --

    Remember Amalek.

  60. Half.com is your friend by CNERD · · Score: 1

    Im sick of hearing all these posts with people bitching about how cds are too expensive for them.

    If you cant afford it new, why not buy used?

    http://www.half.com is a great site for used cds, dvds, games, or whatever you want. You dont have to worry about some lamer throwing in a last second bid like on ebay, and you can easily get the cd you want in execlent shape for under $10.

    1. Re:Half.com is your friend by Anonymous Coward · · Score: 0

      $10 + $4.99 shipping = $14.99 (only a buck or two less than a new CD) Hey hey!

    2. Re:Half.com is your friend by CNERD · · Score: 1

      No. I ment $10 total, includeing shipping. You should know what your talking about before you post. Most users on half.com chargne just around $2 for shipping.

  61. digital music aquisition by bwt · · Score: 2

    I've been using AudioGalaxy, but I just read they are going to be sued, and presumably go under soon.

    What is the easiest way to get MP3's now that doesn't have a company that can be sued?

    1. Re:digital music aquisition by Anonymous Coward · · Score: 0

      Errr... buy a CD and rip it, as long as you have a felt-tip marker handy...

    2. Re:digital music aquisition by Winterblink · · Score: 1

      I use Audiogalaxy too, and the news that it too is going to be sued is disturbing. However there's ALWAYS Gnutella. :)

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
    3. Re:digital music aquisition by bwt · · Score: 2

      I've tried that, but I'm currently at an impasse with the vendors over price and order fulfilment time. In order to meet my requirements, I've had to outsource the function that you describe. Besides, felt-tip markers violate section 1201 of the DMCA and worse, occasionally cause discoloration of my fingers.

    4. Re:digital music aquisition by Anonymous Coward · · Score: 0

      i am calling the police on you for requesting mp3s

  62. Me too by simetra · · Score: 1

    I discovered a lot of stuff that I wouldn't have otherwise, and went out and bought the cds. Isn't that what they try to do with radio?

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
    1. Re:Me too by Anonymous Coward · · Score: 0

      I collect Invader Zim episodes. I would GLADLY buy them, in fact I would much rather buy them! However, the choice is not there. Similarly with Napster. I like old jazz. Can't buy most of those old records anymore, so the only place I can even find just ONE of the songs is on a P2P system.

  63. Bankruptcy strategy by totallygeek · · Score: 2
    Couldn't they just release all their code to the public as their strategy for restructuring? Making Napster's configuration to allow for your choice of a server would be great, and if Napster sold the "server" for $100 or something, think of how many non-US servers would pop up.

  64. Investors by dirvish · · Score: 1

    What happened to all there investors? Like those Bertlesman folks. Have they all bailed out?

  65. It's not an anti-piracy move... by xinit · · Score: 2

    Here's the thing; Napster isn't filing for bankruptcy as a result of government oppression or RIAA meddling or anything of the sort. They were simply a neat idea with no business merit at all. Napster:TOG was neat, and it was free... Maybe under the mistaken theory that they could get people addicted and then start charging $5 a month to the junkies to get access to the network. Not a workable solution, as we've all seen in the past, as free service after free service folded. They'd begin to realize that buying $5000 laptops for all their staff and cool cars for the execs didn't help the bottom line when there was no revenue at all. Ah, the post-IPO spending sprees.... Napster:TNG stood no better chance of making money. They were pinning everything on the BMG deal at the end, and as anyone knows, if your company only has one client, you're that client's bitch. N:TNG was effectively what resulted when the government and industry forced the company into the "charging" stage of a failing dot.com. Don't kid yourself that they'd have done alright if they'd been left to their own devices and moved to a subscription model on their own timing. People get pissy when they have to start paying for something that's always been free... Paying for Slashdot yet?

    --
    --- http://foo.ca
  66. Program Alert :"Has the Record Industry Blown it?" by Anonymous Coward · · Score: 0

    Saw a teaser last week and set my VCR: tonight (Monday) on CNBC (or is it M$NBC?) - 8:00 p.m. EST and 11:00 p.m EST - Kudlow & Cramer - "Has the Record Industry Blown It?" (or something like that). Sorry, couldn't find a link on their website and my skin was crawling just for being on an MSN site (especially one called moneycentral).

  67. Question by Anonymous Coward · · Score: 0

    Are you gay?

    1. Re:Question by Anonymous Coward · · Score: 0

      Why, you interested?

  68. How does one incur debt pirating? by npg4875 · · Score: 1

    Let me get this straight...they don't buy anything...they don't sell anything...they've only got one product that they made from scratch. Who do they owe? What did they buy?

    1. Re:How does one incur debt pirating? by mickeyreznor · · Score: 2

      the central servers that napster used to connect weren't free, my friend. neither was their webserver.

    2. Re:How does one incur debt pirating? by Winterblink · · Score: 1

      Not to mention all that bandwidth they ate up serving us those weird and wonderful MP3 thingamabobs.

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
  69. Who put money into this failure? by purpledinoz · · Score: 1

    This is not a surprise at all. Napster was OBVIOUSLY going to go under after they got shutdown. Who in their right mind thought that Napster would be able to provide a pay service while there's other services that offer music for free. I gotta say, some investors are really dumb. Why are people so stupid?

  70. what about unatainable music? by toyotaboy · · Score: 1

    forget about unsigned artists, I'm talking about stuff you heard when you were a kid that you simply can't buy anywhere, but nice users out there either have a dubbed tape, or perhaps a rare CD, and have shared this song with others. I know there's been a file songs I know I can't just go buy at cdnow.com. If the record companies don't want to release it, then i guess I'll have to steal it :)

    1. Re:what about unatainable music? by Anonymous Coward · · Score: 0

      And since the deprivation of a sale is the same as the theft of that sale, when are Sony et al (who have the right to copy but aren't) going to end up in court for depriving the artitst of the sale of their out-of-print work?!?!

  71. good point Taco by anthony_dipierro · · Score: 2

    Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better.

    Yeah and it's a good thing we caught Timothy McVeigh, cause now there's no more terrorism in America.

    1. Re:good point Taco by Anonymous Coward · · Score: 0

      Anthony, meet sarcasm. Sarcasm, this is Anthony. Apparently you two are unacquainted.

  72. don't yall suckas know what bankruptcy is? by djallstar · · Score: 1

    doesn't mean that they're gone. it means that they're under financial protection. it was part of the agreement to being bought out by BMG.

  73. Foolish Monkies by irritating+environme · · Score: 1

    If they thought that was a tough nut to crack, wait till they try the other flavor of gnut.

    --


    Hey, I'm just your average shit and piss factory.
  74. what now? by Anonymous Coward · · Score: 0

    The shutdown of napster demonstrates that P2P networks have to be decentralized. However, things like Kazaa, morpheus or gnutella will never scale to millions of users, because they get overflooded by user requests. Why dont you try The Circle? It is a free p2p that uses a decentralized hashtable. It HAS the potential to scale to zillions of users, because a search query is answeresd in logarithmic time. see http://yoyo.cc.monash.edu.au/~pfh/circle/

  75. Say Citizen Winston, got the latest Victory CD? by Anonymous Coward · · Score: 0

    If you read the bottom line of these corporate fatcats intentions (RIAA/MPAA), they'll soon have it so you can't whistle "Enter Sandman" in public without being arrested for copyright infringment. Just ask the Boy Scouts who were "asked" (by lawyers - RICH lawyers), not to sing certain copyrighted songs at Jamborees. What the hell kind of power are we giving these people??!!

    Napster was the one single place you could find hard to find / impossible to find music. Many titles I downloaded were either out of print or only released to limited markets. It had nothing to do with a willingness to pay a reasonable price. It DID have to do with 1) Finding it in the first place 2) Not wanting to pay scalpers exorbitant amounts of money on Ebay for something that used to be found in the 99 cent bin.

    Look, at my age (36, Grrr) what are the chances I'd be interested in the latest Eminem release? I like stuff that you just can't find in the music stores (anymore).

    I recently heard it said best that Napster was like the Library of Congress; it was history, it was the future.

    Many of the users (myself included) would have paid a reasonable fee for that kind of selection but the RIAA and MPAA want it ALL. So instead of a "one stop shop" for all your music, now you'll have a bunch of sites with only "their" artists charging $1.50 per song. Stupid? Very.

    Chuck Hunnefield

  76. Re:The Fall and Fall of Napster Ebook! by implex · · Score: 1

    Brilliant! It is sure to be releases in an electronic format. The 'illegal' distribution of which on Napster clones will generate so much interest even more hard copies will sell!

  77. Re:Libraries completely killed the book publishers by Peyna · · Score: 2

    It's funny how libraries are rarely attacked, because the industry probably knows that if they did that, there's no way they could get their agenda through. Libraries offer more than books, most offer videos, cds, dvds, magazines, etc. for to people to borrow for free.

    I'm glad that libraries are more protected that most places; especially with that required censorship bill being shot down a few days ago. (Although it will probably show up in the Supreme Court).

    Without libraries I would have never learned how to code or read 1/2 the books I read. Many of which I now own, because they were such good books I wanted to be able to read them again and share them with other people such as my family or kids someday.

    --
    What?
  78. No I'm not by Rupert · · Score: 2

    And yes I can. Or are you claiming I can't read a book aloud in front of my son's kindergarten class?

    --

    --
    E_NOSIG
    1. Re:No I'm not by plugger · · Score: 1

      But if you then asked the children to repeat the story back to you, I think you would find you had a less than perfect copy :-)

    2. Re:No I'm not by Cyno · · Score: 1

      So making a less than perfect copy of something is legal, but making a perfect copy of something is illegal? By that logic mp3s are perfectly legal for us to trade since they are not perfect copies of the data the RIAA is placing on CDs, just the relevent content most people would be interrested in. Plus they are not being sold as competition for the RIAA but instead are being shared and given away for free.

  79. You're SOOOO noble. *gags* by liposuction · · Score: 0

    Why is it that no one takes into account lost, stolen or obsolete media? There's no way in hell that I'm going to pay for stuff that I've paid for twice over. If I buy a Pixies album on cassette, then buy it on CD, CD gets scratched or stolen before it's ripped; do you think I would be foolish enough to fork over $20 more for the damn music again? No way. Oh, well, good thing I still have it on cassette. Damn, I don't have a cassette player anywhere in my house. Guess I'm screwed. At least I have the songs in my head. I'll just find a nice dark closet and sing them onto a dictation device, and then make a CD from that.

    --
    "Thoughts are more powerful than any weapon, and I don't even let my people own guns." --Joseph Stalin
  80. Re:Libraries completely killed the book publishers by iamwoodyjones · · Score: 0

    Yea, well timelness is everything. Every time a brand new top selling book comes out, go ahead and try to find it at the nearest library. Try to find it not checked out.
    When the newest movie comes out, go ahead and try to find it on TV at the same time. Of course! You have to wait about a year while all your friends brag about seeing it in the theaters.
    Now take into effect the timelness of getting eminem's new CD before it comes out on shelf. All your friends are braging about having it, so you too go out and get a non-legit copy.
    Again, timing is everything.

  81. Piracy for Profit gone, at least by Anonymous Coward · · Score: 0

    piracy may be gone, but at least some company isn't making a killing b/c of it.

  82. Re:You're SOOOO noble. *gags* by Anonymous Coward · · Score: 0

    If you don't backup your own media then you are the idiot.

  83. great grammar by RealisticWeb.com · · Score: 2

    Don't tell me nobody didn't see this coming

    I ain't never gonna not tell you somthin' that won't never happen, noways.

    --
    Sigs are out of style, so I'm not going to use one...oh wait..
  84. Legal third-party music cover network by jswitte · · Score: 1

    An idea I came up with a while ago was this: the main problem with the music industry IMO is that there is no competition. Yes, we all know that the Big-5 have a 80-95% lock on the physical distribution market, but they have no competition by virtue of the fact that they have absolute control over the content on which they have copyright, which MOCA would not (will not?) completely solve. MOCA would still rely on a "compulsory lisence fee" which someone would have to set. As an editorial in the Wall Street Journal a while back opposing MOCA said (I'm paraphrasing here), "Why require a compulsory license if the people doing the licensing still have a de-facto monopoly?" The only true solution would be to ammend copyright law to make everything enter the public domain after 10 years or so. But then the effective cost is 0, and no one gets paid, even if the performer or songwriter who wrote it might morally be entitled to something.

    But what if there was competition? The Big-5 spend at leasat $100,000 on an album, but if you get together two or three people who can sing decently (or not so, in the case of boy bands), a MIDI person with decent hardware, and $500-1500 of recording equipment (remember that thread about Home-Brew Recording here many many moons ago?), I'd bet you could come up with something that sounded at least as good as the product the Bug-5 put out, if not better.

    Then you figure out a way to license use of the music legally, from ASCAP or whoever holds the rights the music itself - not the mechanical rights to the recordings (if these are indeed different). Then we could have a truely competitive market place, with different players (litterally) creating slightly different products, all competing for the same end users. This is how a competitive marketplace is supposed to work - if I remember my Econ 101 correctly.

    The only truely big if here is whether you could license the music legally - if you couldn't there would be absolutely no point in trying to do this illegally as the start-up costs are relatively hight.

  85. Recording radio broadcasts by CS_Snapple · · Score: 1

    Just wondering if anyone knows the answer to this, since this discussion has made me curious:

    Is it illegal to record a radio broadcast, strip out the songs you want, and encode them as MP3s for personal listening?

  86. All the music industry has to do... by Nobody's+Hero · · Score: 1

    So Napster is "dead". Well not dead but under financial protection. And the Hydra that is music sharing networks sprouts a few more heads. As we all know it won't end here. More file sharing networks will sprout up and it just won't end. The music industry will never stop whining.

    All the music industry has to do is provide a product that the general populace cannot feasibly gain access too. Much Like Silver City Cinemas does for movies. Star Wars Episode II was already pirated and available on the Internet before it was even released. But still the movie industry was able to make a huge amount from the film.

    The reason??? Easy. They were able to provide something the general populace could not provide for themselves: incredible sound, large screens, and comfortable seating. I can simply download movies and watch them on my PC but the theater is still better then the equipment I can cost effectively, have at home.

    The music industry has to do the same thing with music. Give the people a reason to buy the cd. Stickers, Patches, Heck even a poster or T-shirt offer or something. Perhaps they can provide a "CD extra" CD like the special features DVD's you find in movies, with deleted scenes and special extras.

    The music industry is fighting something they cannot stop. So why don't they evolve into something entirely different. Sell the populace something that they cannot provide themselves.

    The movie industry has figured out a way to live even with movie piracy. So why can't the music industry figure it out too.

    --
    The Only Person Willing to be Me is ME!
  87. Move along, move along by FrankNputer · · Score: 1

    Nothing to see here, people.

  88. Stupid trolls. by Anonymous Coward · · Score: 0

    Rude Turnip, your analogy makes sense. Thank you for commenting here. Sorry you have to put up with all the Jerks who blast your LOGIC without stating anything productive, or logical that would debunk your argument. Don't mind the morons.

  89. chapter 11 does not mean out of business by Anonymous Coward · · Score: 0

    Well, I doubt Napster will recover well from this, but I just wanted to point out to everyone, as it appears there's a misunderstanding, that Chapter 11 does not mean the company is going out of business. Chapter 11 for a business is sort of like Chapter 13 for an individual - they're not getting rid of all of their debt, just making court-approved (and protected) payment arrangements. I work for a huge telecommunications company that filed Chapter 11 last month, and we seem to still be doing business just fine.
    So the Chapter 11 isn't going to kill Napster.
    What's going to kill them is the fact that they're going to try to charge people to download files they can download for free somewhere else.

  90. Re:Libraries completely killed the book publishers by maraist · · Score: 2

    I'm inclined to agree with you.

    There are several dynamic forces at work here, and whenever you have dynamics, you don't have absolutism.

    Negative forces:
    Economic free rider problem: Person one pays for a good/service, and person 2..n benifits for free. The problem is that if a firm knows that only 1 person will purchase, then they either have to fully charge, or not produce.

    Lack of control:
    When you control a comodity, you have a monopoly and can have secondary incomes ($4 drinks at the movies, for example). It's not garunteed profit, but it always helps. Presumably if secondary income is great enough, you can even reduce the price of the main good (i.e. MS Windows, amusement park entrance fees, etc) to maximize revenue. The music industry has numerous secondary revenue's. Most importantly, control over what is a best seller. Radio-brainwashing and store-marketing are key to make a pre-determined best seller. Search-based music downloading removes promotional viability. The general effect of brain-washing is to produce die-hard fans. I suspect that research would show that a hardened fan will spend more dollars than a casual fan (I know many such people). Thus it pays to have a fully polarized population; no matter what particular artist they're obsessed with.

    Open Market:
    The more competitors, the lower the viable price. If new *good* artists choose not to sign with record companies (because of the generation alternative distributions), then there will be popular media titles outside the revenue streams of existing big media. Since there's a limit to the total capable media-expendatures (namely everybody's income scaled by some reasonable amount), this necessarily reduces the amount of existing media giant purchases.

    Positive forces:
    Better competition:
    With the open-market item, more competition usually leads to more variety and better quality (though quality can go down when companies compete on price alone; but this doesn't seem to be the case in entertainment fields; there are enough consumers that are willing to pay premiums for entertainment).

    Cheaper:
    More efficient distributions means lower costs. (Don't have to print CDs, artists don't necessarily have to spend marketing dollars)

    Less purchasing risk:
    A negative effect of media marketing tactics is that you often purchase CDs which have minimal enjoyment (just as much as you knew it had to have, but not an ounce more; i.e. only liking a single song on a CD, sometimes less). A common tactic is bundling uninteresting goods with a single high-ticket item, and raising the price accordingly. MS learned this tactic well. With an search-based system, only the interesting media ever need be acquired. Thus the consumer would be less averse towards a given purchase (even if music is acquired for free, there is the economic cost of wasted bandwidth or time spent listening to bad music). Even if the consumer ultimately didn't like the media, they must have had some interest in acquiring it (word-of-mouth, flashy titles, etc).

    Greater economic welfare:
    Along with the above reduction in purchasing risk is the increase in the number of consumers that purchase what they want, which counts as increased utility. High economic welfare can be interpreted has having a greater level of total happiness.

    Luxury utility:
    Rational people maximize their time and minimize their frustration. This means that people are willing to make tradeoffs, such as exchanging money for services or goods that make their mundane work go faster, or go-away (such as hiring an accountant). Obviously, the more wealthy a person is, the more likely they'll spend money on simpler and simpler things (like parking a car). The same applies to the media industry. Some people will pay to not have to deal with burning a CD, or finding music, then downloading it. Beyond a certain point of wealth the time spent doing these things takes away from time working (e.g. physical loss of money) or in relaxing (time spent away from work). Thus there is a definite demand for the service of collecting media and making it readily available (such as a theater, the radio, or venues such as music stores (even online ones)).

    Conscious:
    Many people will obide by their conscious; feeling a desire to do good and support good things (such as artists that they like). It's the same as droping money into the hat of a street-musician. They too are plagued with the free-rider problem, but find some semblence of an income. In some european countries, you even have to audition to be allowed to perform in the subways (since it had a definite market). When you download trial-ware software, you're encouraged (on the honor system) to pay the author if you like it. A rational person will contribute since they know it'll encourage more such software which focuses on pleasing the consumer. The other aspect of consciousness is that when we go out of our way to circumvent a form of security, we know that's we're idealistically hurting someone else (if I sneak into someone's house, I'm hurting their sence of autonomy, whether they catch me or not). To continue with the act we either justify it (they make too much money anyway), live in shame or blow it off (usually a person that can casually blow things off tends to do so in all aspects of their life; psychologically being hardened). In general, the more good-willed a society is, the less hardened the people will be, and the less likely they'll have reasons to justify their free-rider position, equating to more good-will payments.

    Media Quality:
    Lets face it, currently MP3 isn't viable on hi-fi. It's possible to make this the case, but it's generally inaccessible to the majority of the population. How many people know how to hook up their computer to their stereo. How many people know how to turn downloaded MP3's into PCM files capable of saving onto a traditional audio-CD (playable on the hi-fi)? If a person doesn't care about the quality of highly compressed audio, and they have sufficiently high quality computer audio equipment, then this isn't an issue. But there are those (myself included) who are frustrated by _any_ popping or lack of quality due to audio-compression (or lack of full surround capability). Bandwidth is still too constrainted to acquire decent quality (DSL/cable only uploads at 15KBps), to say nothing of video quality. While this is only a temporariy issue (assuming we ever get to home gigabit down/upload streams), it still causes people like me to seek out legitimate DTS CDs, DVD-Audio, nearly-original-quality DVDs (meaning that even DVD does compress the video in sometimes noticable ways). Thus while I always try to make mp3 copies of my purchased CD's, I still make use of my originals in a CD-juke-box. Sure it lacks the flexibility of my mp3 jukebox, but this does not mean I don't have additional utility. Further, most people don't purchase RCA output jack-capable sound-cards (usually the Sound Blaster Gold series), so 1/8 connectors definately lose something over my fiber-optic CD-player-to-reciever with 14 gauge monster-wire-to-speakers-which-spread-throughout-m y-house.

    Tangibility:
    There is a bizzar human essence (or psychosis if you like) that desires tangibility. People tend to not feel content unless they can regress to their childhood and physically feel some otherwise abstract concept. To hold a CD, to know that even if my computer crashes, I still have my "originals". To "own a house", or "own a CD collection", are irrational, yet undeniable urges. There are many subtle undertoning advantages to such tangibility, but our higher level mind simply attributes the "good" flag to it. Thus, even though we might download a Nine Inch Nails song, we might purchase the CD and the DVD-video just to "have it". I believe that this is probably the single biggest contributor to the napster golden age for the media giants.

    Summary:
    Negative. The only negative that affects society as a whole is the free-rider problem which ultimately says "don't produce".

    Positive. There are natural financial markets in the media industry that counter-act the free-rider problem; namely good-will and quality-persistence (hi-fidelity), with the subtle tangibility aspect looming in the distance.

    --
    -Michael
  91. My how the times have changed. by bons · · Score: 3, Insightful
    "Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better."

    It seems to be a far cry from the old days when the free software/open source movements were about letting the creators of a work choose the license and the distribution methods.

    Apparently, some of us have decided that that is a freedom that should be reserved for some of us, and not for everyone.

    If the large corporations in the music industry want to limit their distribution method and use antiquated licenses, we should respect their decision. They do not have a monopoly on music. There are alternatives and just as the open source community would prefer people using open source software, other musicians would like to get their music heard.

    For once, lets consider treating others the way we want to be treated.

  92. Battle Strategy of the Evil Empire by Roach · · Score: 0

    Battle Strategy of the Evil Empire

    This story was run on Yahoo! News today under the title "Napster Files Bankruptcy Under Bertelsmann Deal" which is misleading at first because it suggests to the reader that Napster is now dead when they have, in fact, been dead for many months now.

    According to the article, at its peak Napster had approximately 60 million users. It is easy to identify the key to their success. They provided a way for the common non-technical computer user to locate and obtain practically any recorded music by practically any artist with little or no effort.

    We all know it is true that stopping Napster did not put a halt to the trade of copyright music and media. However, the average non-technical computer user does not go to News Groups or IRC to obtain Mp3's, because most of them do not know how. Those of us that do know how find it just as easy to find what we are looking for now as we did when Napster was still functionally operational.

    The Evil Empires use the legal system and their own economic power to crush their enemies and then assimilate them into their collective. Sound familiar? The very laws that are supposed to protect our freedoms and liberties are being leveraged to take those freedoms away from us and replace them with costly capitalist and controlled forms of expression by a few giant monopolies. Is it right to limit people's exposure to artistic forms of expression?

    Assisting in the limitations on our exposure to culture and artistic expression are the major recording labels united in picking on children who download music and bringing down services such as Napster. Some of the major recording labels that were united against Napster are: AOL Time Warner / Warner Music, BMG Music, EMI Group, Sony Music, and Universal Music.

    I wonder how many AOL users were and still are downloading MP3's? Maybe AOL should be sued and brought to their knees because they are, in fact, facilitating the propagation of copyrighted music. Both Napster and AOL are Internet technologies that may be used for either legitimate or illegitimate purposes. I don't see the distinction, do you?

  93. It's all in how you look at it by Anonymous Coward · · Score: 0

    You're comparing the act of sharing music with a group of Colonial outlaws destroying perfectly good, legally-taxed tea, a conspiracy to deprive Southern plantation owners of their property, and some guy claiming to be the Son of God preaching anti-government views?

  94. Indeed by Anonymous+Brave+Guy · · Score: 2
    Napster is gone, legally they're caught, but lets face it, P2P is quickly becoming a killer app, and Napster made that possible.

    Exactly. And God forbid that we should punish those who break the law after the event, rather than just letting them go free after they successfully establish a fait accompli.

    It's amazing how many of the same people who cry foul over Microsoft and feel they should be annihilated are outraged at Napster receiving a similar treatment. Hypocrites.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Indeed by Anonymous Coward · · Score: 0

      Corporate ass-kisser.

    2. Re:Indeed by Anonymous+Brave+Guy · · Score: 2
      Corporate ass-kisser.

      How on earth did you get that idea? I think they all broke the law, and should all be screwed for it. I just don't believe in conveniently not screwing one company just because lots of other people have also used it to break the law, as many here -- presumably those who have used it to break the law themselves -- apparently do.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  95. Who HASN'T gotten a BJ from your girlfriend by Anonymous Coward · · Score: 0

    See subject.

  96. Re:Libraries completely killed the book publishers by Anonymous Coward · · Score: 0

    Conscious? (about the music industry). And, tangability?? All your money isn't in paper bills but is just some number that you sometimes look at on paper or ATM screens or on your computer.

    I say it's curtains for the music industry (as we know it).

  97. The answer to your question by Anonymous Coward · · Score: 0

    Slashbots. For two reasons:

    1) they are such dorks, that they couldn't get one even from her,

    2) they don't get them, they give them.

  98. Obligatory by ar1550 · · Score: 1
    Don't tell me nobody didn't see this coming

    Somewhere, a 6th grade English teacher just cried out in pain, and doesn't know why.

    --
    I once shot a man in Reno 'cause they cancelled Firefly.
  99. Re:Libraries completely killed the book publishers by swb · · Score: 2

    And the obvious thing happened: The book publishing industry never sold another book, except to libraries.

    When was the last time you went to the library, borrwed "War and Peace", photocopied it, bound it and *then* read it? Book copying doesn't happen because its a physical medium with dollar costs associated with duplication. It's the same reason Ford isn't pissed that Avis rents its cars -- what are you gonna do, copy it instead of buying your own?

    the movie industry almost completely disappeared, except for sales to TV broadcasters.

    Except that going to the movies is a totally different experience -- I don't have a 150ft screen or a room big enough to put it on in my house. Going to a movie is an experience -- out of the house, seeing a "current" film -- TV can't eliminate the experiential aspect of it or duplicate the significant physical differences of the big screen.

    When people found that they could record perfectly good movies on video tape, they stopped paying for movies

    Most people can't set the clock on their one VCR, let alone hook two up for dubbing. And it still begs the question as to where the source material comes from. Most people are too busy working, raising their kids, doing other stuff to bother with trying to dub movies -- they go to the rental store for $1 and rent something they feel like watching from a huge catalog of movies.

    I agree with your prinicpal, but at least draw defendable analogies.

  100. prohibition laws by orcldba · · Score: 1

    Make the alcohol illigal and get bootlegers rich, make a pack of smokes cost 50 bucks and see the smuggling become a major business model. There is something deeply wrong with the music industry if such a simple idea is damaging it so badly as they say. Untill they change - P2P will never stop.
    And I do not believe that we will not have a good artists if they will not be making millions. Real artist is not hard to make sing, real artist is hard to shut up.

  101. sounds farmiliar by nege · · Score: 1

    If you strike us down, we will become far more powerful than you imagined....

    now instead you have many more options these days.

  102. It's MS fault by Anonymous Coward · · Score: 0

    After all they did contribute the most by making the most widespread operating system software that easily allows laypersons to pirate copyrighted works.

  103. Music is for the young by dpilot · · Score: 1

    Young is largely a matter of attitude.

    If I weren't busy being political and trying to deprive the RIAA of my money, I'd likely be back into music more. It isn't that I've out-grown or out-aged music. It's that at the moment, I have elected not to re-engage with its corporate side.

    What I really think indie music is missing is a good way to find it, and to find some that I'd like. A *good* radio DJ/station is good, in that you will get some stuff you like, some stuff you might like, and take along with it some stuff you probably won't like. Learning to like something new is well worth hearing a few things you don't like. Right now my main source of this is NPR music reviews.

    I'd like to find the same type of thing for indie, to steer my way toward new things with a decent chance of liking it.

    --
    The living have better things to do than to continue hating the dead.
  104. music sucks that's why by Anonymous Coward · · Score: 0

    Honestly the real reason they want to shut down P2P is because they know we can get music other than this overpriced forcefed brittney (slut as whore claiming to be virgin) spears. N suck and backdoor boys crap. I haven't once downloaded an mp3 from their precious off the rack sales I get stuff like J pop, classical, game music, and classic rock that just isn't on the radio or in the stores anymore or never was in the first place. I refuse to buy this shit they're trying to pass off as music. in fact you couldn't pay me to listen to it. In general people with so little individuallity that they actually listen to this shit are probably stupid enough to go pay for it anyway. The airwaves could go blank and the CD stores could empty and I just wouldn't care.

  105. On a related note by Anonymous Coward · · Score: 0

    on a recently aired episode of MTV cribs, they profiled the house of music group "O-town". i think they are a boy band of sorts. the part that stuck out at me was during one band members tour of his room he decided to crack open his cd book and show his collection. while flipping through you could clearly see several burned cds. granted o-town isnt a real musical ensemble...they are part of the music industry out to get you evil music pirating heathens

  106. Not so by Liberal+Mafia · · Score: 1

    What it means, from the music industry's point of view, is that it needs to gain more political clout in the Netherlands -- and anywhere else where court cases go against it.

    The moment it thinks it can be reasonably sure it will face a judge appointed by politicians beholden to it, it will try again with another court case, and another. It will keep trying until it succeeds, or until it crashes and burns in the flames of its own unsound business practices and no longer has the money to buy politicians.

    We can hope for temporary victories; we can ultimately hope for the latter; but we won't *ultimately* win this one in the courts or the legislatures.

  107. KaZaa is the Wild West by Anonymous Coward · · Score: 0

    That's just the problem - you can get anything on KaZaa, from music to kiddie porn to instructions for building a nuclear bomb. Napster was like your favorite music store; KaZaa is kinda like the back alley.

    As a parent of young kids, I can tell you it was tough keeping them off of Napster - it was easy, compelling, and mostly safe. The whole school yard buzzed with talk of Napster. Napster was driving kids to tell their folks to get higher speed lines. It was hard to fight Napster on the basis of the copyright issue alone when "everybody was doing it."

    But not many parents of an 8 year old will let them play with KaZaa - it's simply over the line. It's not about copyrights, it's about all the other issues: exposure to *way* illegal stuff, exposure to *way* indecent stuff. Yeah, by the time they're in high school maybe I won't care so much, but for my kids that's years away. Who knows what'll happen in 5 years?

  108. Re:Have some respect for the topic by Anonymous Coward · · Score: 0

    "AFAICT neither God nor god created me..."

    It makes no difference whether you think God created you or not; He did. Just like it makes no difference whether you believe in gravity or not; whether you believe in it or not, it exists.

    "...but it's no business of mine to force my bigotry on anyone else when it's not relevant. The same goes for you."

    It's not bigotry, it's respect.

    Whether it's Buddah, Allah, God, The Constitution, Intel Corp., or Tom Cruise -- they all get capitalized.

  109. Fallacy: The Extended Analogy by bludwulf · · Score: 1

    The extended analogy:

    The fallacy of the Extended Analogy often occurs when some suggested general rule is being argued over. The fallacy is to assume that mentioning two different situations, in an argument about a general rule, constitutes a claim that those situations are analogous to each other.

    Here's real example from an online debate about anti-cryptography legislation:

    "I believe it is always wrong to oppose the law by breaking it."

    "Such a position is odious: it implies that you would not have supported Martin Luther King."

    "Are you saying that cryptography legislation is as important as the struggle for Black liberation? How dare you!"

  110. Fallacy: The Extended Analogy by bludwulf · · Score: 1

    The extended analogy:

    The fallacy of the Extended Analogy often occurs when some suggested general rule is being argued over. The fallacy is to assume that mentioning two different situations, in an argument about a general rule, constitutes a claim that those situations are analogous to each other.

    Here's real example from an online debate about anti-cryptography legislation:

    "I believe it is always wrong to oppose the law by breaking it."

    "Such a position is odious: it implies that you would not have supported Martin Luther King."

    "Are you saying that cryptography legislation is as important as the struggle for Black liberation? How dare you!"

  111. turn coat's burn me up by DEFFENDER · · Score: 3, Interesting

    well all is said and done for the people that dont understand that chapter 11's can be a blessing to a company. if you dont have enough money to run the company you go chapter 11 and you have a slime chance but you do have a chance to bounch back. microsoft crony's and the like that want it to be all done and over with are sending out the message the Napster is done for. go to http://www.business.gov/busadv/frame.cfm?urltest=h ttp://www.inc.com/incmagazine/archives/09930861.ht ml&catid=365&urlplace=maincat.cfm
    to read more.

    --
    Careful what you say around me.. I will assume you mean it.
  112. Re:You're SOOOO noble. *gags* by Anonymous Coward · · Score: 0

    If I buy a Pixies album on cassette, then buy it on CD, CD gets scratched or stolen before it's ripped; do you think I would be foolish enough to fork over $20 more for the damn music again?

    Doesn't matter. It's still copyright infringement for you to download it from napster.

  113. sports? by Cl1mh4224rd · · Score: 1

    you must get visually nauseous when thinking about any kind of professional sport, then...

    --
    People will pass up steak once a week, for crap every day.
    1. Re:sports? by Anonymous Coward · · Score: 0

      Athletes are at least smart enough to unionize and demand their fair share.

    2. Re:sports? by sunking2 · · Score: 1

      I didn't mention sports because it wasn't the topic on hand. Unfortunately, sports is a much bigger mess than the music industry. I can easily afford to buy CDs, trying being a family to a major league baseball game for under a couple of hundred bucks. Not to mention all the crap about broadcast rights. I live less than 2 hours away from NY, but because I'm in Mass and not NY/CT I'm expected to fork over almost $200/year to watch the Yanks. Give me a break.

      Say what you want about Ted Turner, at least he's made the Braves accessible to their fans.

      That being said, I do value sports a little bit more than music. For the most part I listen to music as something to fill an empty void. Sports is something I look forward to and plan trips around. Tho I guess for the occasional concert I can make the same claim.

  114. Photocopiers anyone? (Analogy alert) by drox · · Score: 2
    Comparisons to other (legal or illegal) technology abound. Is(was?) Napster more like a getaway car or a lockpick? I think it's more like a photocopier. A tool that can be used for good or evil. Yes, a lot of people photocopy copyrighted material without obtaining permission or paying royalties. But manufacturers continue to market photocopiers without fear of legal retribution from authors, publishers or the Gummint. Why is this? And why do I suspect that, if the photocopier were invented in 2002, it would be extremely illegal, and possibly even a threat to Homeland Security(tm)?

    When (insert technology here) is outlawed, only outlaws will have (insert same technology here).

  115. sleep by Anonymous Coward · · Score: 0

    now that piracy has been stopped they can all sleep much better.

    together? :)

    b3d, riaa, napster. in one biggie sized orgy.
    this is even better than interacial pr0n!

  116. Darwin and Corporate Evolution by BonziDogFace · · Score: 1

    The music industry was created some hundred years ago by advances in technology. This allowed for first the creation and then the evolution of the current corporations. That said, it is apparent that these corporations have no divine right to existence, if technology evolves either their business model will need to evolve or they will become extinct. I think they realize that but are taking the dinosaur's approach instead of the primates. They are fighting it and not trying to adapt to it. They will probably (hopefully) suffer the same result: extinction. Even so you really can't brgrudge them trying to survive because that's what the battle is really all about, survival.

  117. Um, have you been living in a cave? by Wakko+Warner · · Score: 2

    KaZaa just went under last week, too. Hell, it was even reported (okay, cut-and-pasted) on slashdot. So, you can fire up KaZaa all you want, but you won't get much from it.
    - 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?"
  118. No. by Gorbie · · Score: 2

    I am not making that comparison.

    I am incredulous to anyone comparing copyright infringement on Napster to such an event. I never said the Boston Tea Party, anything Jesus did, or the freeing of the slaves was legal at the time. Actually, I did not discuss it at all.

    I merely questioned the sanity of someone that wanted to compare copyright infringement to events of that magnitude. Oh, and fancy phrases will not candy-coat the ENORMOUS magnitude of difference there is in claiming to OWN a human, to feed or not, violate sexually or not, let live or not, to STEALING music. Music theft is what I would term petty. It is stupid.

    I also never claimed to AGREE with the copyright laws. All I claimed was that they ARE laws, and stated that the correct way around the problem was to get the law changed!!! Breaking the law is NOT going to get it done. Wake up.

    1. Re:No. by ToLu+the+Happy+Furby · · Score: 2

      I am incredulous to anyone comparing copyright infringement on Napster to such an event.
      ...
      I merely questioned the sanity of someone that wanted to compare copyright infringement to events of that magnitude.


      Most of the events listed are only large in magnitude in hindsight. At the time things like the Boston Tea Party (~50 radicals commit vandalism in the midst of a boycott involving a few thousand people) or Rosa Parks' refusal to give up her seat (1 person acting as a test case to spark a boycott involving, again, a few thousand people) were small in magnitude. Or (promised I wouldn't get into it but) Jesus walking around Judea and preaching a new radical brand of Judaism. Only as part of the larger historical movements they are associated with is it clear that the magnitude of their influence was enormous.

      By any measure, the magnitude of Napster was much, much larger. 80 million users signed registered with Napster. Billions and billions of songs were traded. Unlike all the events listed, with Napster a substantial portion of those affected by the law actually joined in the "movement" against it.

      Now, whether history will judge Napster to have a magnitude nearly as large as what we now credit to things like the Boston Tea Party; well, it's too early to say.

      Oh, and fancy phrases will not candy-coat the ENORMOUS magnitude of difference there is in claiming to OWN a human, to feed or not, violate sexually or not, let live or not, to STEALING music. Music theft is what I would term petty. It is stupid.

      The comparison is not between the ability to own a person and stealing music but between the ability to own a person and the ability to own an idea. I, like most people raised in the Western intellectual tradition in the past 50 years, of course find owning a person the much more abhorrent idea. But the simple fact is that that is not the response that most people in most civilizations have had. Nor is it clear that the ability to own an idea is not also horrible, albeit something we are nonetheless rather used to.

      I also never claimed to AGREE with the copyright laws. All I claimed was that they ARE laws, and stated that the correct way around the problem was to get the law changed!!! Breaking the law is NOT going to get it done. Wake up.

      Wake up yourself. Part of the point of the original post was that, in many instances in history, breaking the law was a vital step in the movement to get the law changed (or to have some other similarly far-reaching effect).

    2. Re:No. by Anonymous Coward · · Score: 0

      Actually, Jesus didn't teach a new brand of Judaism - it was more in the lines of early Buddhism. ;)

    3. Re:No. by denshi · · Score: 2
      Gotama Buddha: 623 B.C. - 550 B.C. (vague records)
      Jesus of Nazareth: 6 B.C. - 27 A.D.? (again, vague records, and some monastic monkeying with chronology)

      so...

      early?? No.

  119. MOD PARENT UP by Tokerat · · Score: 2


    Although the parent's author uses what reads like slightly broken english, I dont' think i've ever seen this point more well put.

    --
    CAn'T CompreHend SARcaSm?
  120. Geeks and their nonsensical analogies by Tokerat · · Score: 2


    I'm sorry, I'm sure you're a smart guy and all, but P2P is hardly comparable to terrorism, especially in this case.

    This is more like sueing U-Haul until they go out of business because you can carry fertilizer bombs in their trucks.

    Same as Slashdot is not responsible for the comments posted because they where NOT POSTED by Slashdot, Napster was not responisble for the illegal MP3s posted on their service because they where NOT POSTED by Napster.

    --
    CAn'T CompreHend SARcaSm?
    1. Re:Geeks and their nonsensical analogies by anthony_dipierro · · Score: 1

      I'm sorry, I'm sure you're a smart guy and all, but P2P is hardly comparable to terrorism, especially in this case.

      I wasn't comparing P2P to terrorism.

      This is more like sueing U-Haul until they go out of business because you can carry fertilizer bombs in their trucks.

      No, because napster is illegal, U-Haul is not. The point I was making is that the RIAA never claims to have stopped all copyright infringement by stopping napster. They only claim to have stopped some instances of it.

      Same as Slashdot is not responsible for the comments posted because they where NOT POSTED by Slashdot, Napster was not responisble for the illegal MP3s posted on their service because they where NOT POSTED by Napster.

      Whether or not napster is responsible for the content of its users is irrelevant. They broke the law, and the RIAA shut them down. The only one who seems to think that shutting down a single service equals stopping piracy is Taco.

  121. GOOD RIDDANCE by sudog · · Score: 1

    ...to bad rubbish. Napster was an ill-conceived, useless piece of tripe.

    I suppose their one saving grace was that they demonstrated very completely how NOT to set up P2P services.

  122. "Thank god the industry shut them down... now that piracy has been stopped they can all sleep much better."

    HA, u funny!

  123. Re:You're SOOOO noble. *gags* by WNight · · Score: 2

    Even if it is, which isn't clear, it's a stupid law.

    If laws don't reflect the will of the majority, they're stupid laws. People ignore stupid laws.

    If companies want fair treatment from consumers, they need to treat them fairly. If they buy a law (like Disney and copyright extensions) that allows them to cheat consumers, they should be suprised to see consumers with no concern about cheating them.

    Ignore a law today!

  124. hm by ZaBu911 · · Score: 1

    "now that piracy has been stopped they can all sleep much better"

    Is that sarcasm I detect, CmdrTaco?

    I certainly do not condone piracy, but I think that the RIAA is a little obsessive.

    But if I put myself in their shoes, I probably would be, too.

  125. The world exists beyond the US by Anonymous+Brave+Guy · · Score: 2

    Fortunately, in some places, the law is actually comprehensible to the average man, and it isn't necessary to pay just to read your own laws. We prefer to keep them in the interests of justice rather than lining the pockets of lawyers serving international corporations, y'see.

    While you may have a Home Recording Act that may or may not allow Napster-like behaviour, other places certainly don't. In the UK, for example, you can't arbitrarily copy a music track just because you own a recording of it in some form. (This may or may not be a good decision, but it is the decision. I help run a dance club in my spare time; trust me, I'm no lawyer, but I'm quite familiar with UK law in this respect.) There is pretty much no scope at all for claiming that Napster wasn't abused under UK law, which essentially operates on a "copyright owner must give explicit permission" sort of basis.

    Now, if Napster are operating out of the US, this raises the as-yet-unsolved problem of jurisdiction on the Internet. But my point is that in some places it is cut and dried that Napster was facilitating the breaking of the law. Granted I said "our legal systems" without being aware of the possible ambiguity under US law, but elsewhere that ambiguity may be no more plausible than "I don't know if I can shoot someone dead at 5pm on a Thursday night from 13.64m away, because no-one's ever done exactly that before". You can just turn around and point to clear, unambiguous legislation that makes it illegal.

    Napster was a test to see how P2P music sharing would be interpreted in terms of law and public policy.

    Ah, baloney. Napster was a blatant attempt to capitalise on the Internet bubble and people's intense desires to rip things off. The only people who refuse to acknowledge this are those who've saved a fortune by pirating material they should have paid for, who are seeking some legal basis to justify their own actions because they know damn well that what they did was morally wrong.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  126. Oh, they have. . . by Goonie · · Score: 2

    Occasionally the book publishing industry does try and nibble away at libraries' privileges. They mostly lose because of the wonderful image libraries tend to have. There have been /. stories in the past on just this point (somebody else can dig them up if they're interested).

    --

    Any sufficiently advanced technology is indistinguishable from a rigged demo
    --Andy Finkel (J. Klass?)
  127. Chapter 7 is "gone" (i.e. "liquidation") by Anonymous Coward · · Score: 0

    Napster went Chapter 11 (i.e. "reorganization"). Translation: They are not gone yet (as a company). Consider this a lesson in bankruptcy law. (One which many dot-com'ers are learning.)

  128. Ok whatever... by Anonymous Coward · · Score: 0

    Warning: the RIAA (money grubbing toe jam eatting)is now going after BIC pen thiefs. They say you must buy a new pen after each use or this would be defeating copy protection.. which is.. See DCMA (Horse shit law) Wait... this is it. if you right a song with a BIC pen does BIC own the song truely. This would be true sence if you did not have the tool to write the song which BIC provides you the means to write it on paper (one other route) that means BIC would own the rights to the lyrics. Not the record company... or the artist. When will this stop when i just stop buying music from artist that support this... well.. that has aready happend. I now look up the cd now and don't buy it if they have copy protection on it.. humm loss of cash to whom... just the record company and artist... humm more money in my pocket. makes me go get more stuff for my house (which increases in value) Not a CD i throw away after 2 or 4 years.. Point: Record companies think they will win (illusion: they need to start drug running they would be good at it. if they don't like how much crap they shove down your mouth they make a law that tells you you need more..(to protect there intrests)nevermind that drugs are bad for you. dont worry child it will be ok just line my pockets full of money and rip off the artists with shitty contracts) I just like how much money you all are saving me not buying any new cd's keep it up i will beable to redo my roof on my house in a few months. (increase my value of my house...hehe money in my pocket..)
    Show me the money RIAA

    BIC don't own this one baby...

  129. Let's think hyphotheticals.. by chriskenrick · · Score: 1

    Say there is an ISP. This ISP has a reputation for being friendly to spam. In fact, spammers are queueing up for miles to sign up. Even though there are non spammers too, it's the spammers that get noticed.

    So if you're a spam recipient, and getting sick of all this, what do you do? Either the ISP isn't restricting spam in its terms of service, or is choosing to simply ignore its terms of service and turn a blind eye to abuse. It may even be encouraging abuse in the way it promotes itself to prospective customers.

    Now this fictional ISP would be almost universally condemned here on Slashdot. But change the subject to Napster and spam to copyright infringement and all of a sudden the viewpoint changes.

    Let's face it, Napster was harbouring a load of copyright infringement, and became known even to non geeks as _the_ place to download copyrighted music. It's only fair that they got shafted.

  130. Are you dumb? by J23SE · · Score: 1

    He was just trying to provide examples to support his ending generalization - just because he used those examples does not mean they are on par with music sharing.

    What he meant to say is that that tenet applies to everything, whether it be as big as jesus or as small as music file sharing.

    And I tend to agree. Just because something is illegal doesn't mean it's wrong.

    Clear enough for ya?

  131. Re:You're SOOOO noble. *gags* by Anonymous Coward · · Score: 0

    And if you do, you'll be (or soon will be) breaking the law. Thats the point. Not every country allows "copies for fair and reasonable use".

  132. sorry if I cowardize this but by Anonymous Coward · · Score: 0
    "Stealing!" That word sounds too good to pass, doesn't it? So shout it out and savour this moment looking effects it has on people.

    Defending stealing is wrong...

    Go tell that to someone else pal, just piss off annoying others with your morals or talk things with their real names: copying, and sharing.

    it's their property, and they get to decide what to do with it.

    "They" are waving their infuriating "property" in front of our noses, playing it everywhere, spewing retarded ads about it and when somebody decides to "make'em pay" by spreading their "property" for free so that at least they don't get paid for that shit, you come in and yell: "STEALING!". Well, fuck you.

    Copying is all about sharing stupid music to infatiles who don't "get it" any other than the way MTV presents it: nude chicks singing badly along with feeble tunes. Copying is a statement saying that Britney Spreads and Backdoor Boys don't deserve anything for what they have done. Well maybe they deserve to get spanked.

    Laws aren't there to guide us. You've got to understand this: laws only tell the probable outcome of some special situtations. Laws aren't morals, you must make your own desicions.

  133. Is inciting murder wrong? by Anonymous Coward · · Score: 0

    Figure that out yourself. I know you can.

  134. Hating statistics, but... by Gorbie · · Score: 2

    check out crime rate statistics in states like NH and Maine, where owning a handgun is easy. They are soooo much lower than in other states where it takes an act of congress to get one.

    Fortunately for the New Hampshire crime rates, they don't count what Jeb did with his sister-mother ;)

    (just kidding... ;)

  135. Re:Libraries completely killed the book publishers by kubrick · · Score: 2

    When was the last time you went to the library, borrwed "War and Peace", photocopied it, bound it and *then* read it? Book copying doesn't happen because its a physical medium with dollar costs associated with duplication.

    I photocopied most of a book once at the university library -- maybe 200 pages or so. Obviously I would have bought it if I could, to avoid RSI from operating the damn ohotocopier if nothing else :), (and I eventually did find a secondhand paperback about 3 years later) but it was at least 20 years out of print at the time, and I would have had no chance of finding it in a bookshop. Borrowing wasn't an option, for some reason I forget -- I probably needed it for longer than the two weeks I'd be able to have it, and there were other people waiting to borrow it, or something like that.

    Total cost of photocopying was probably close to A$9.00, and the book must have cost me about A$2.50 when I did eventually find it. :/

    Obviously, if the information is important enough, (some) people will do it... in fact I think libraries are actually allowed to, at least in this country, for out-of-print books -- I was always seeing a few of these on the shelves, with photocopied 'out of print' letters from the distributors stapled to the front.

    --
    deus does not exist but if he does
  136. Meta by kubrick · · Score: 1

    s/News for nerds, stuff that matters/Flogging dead horses for a better tomorrow/

    --
    deus does not exist but if he does
  137. Some mates. by red5 · · Score: 2

    Perhaps because you walked in wobbling across the floor, he could see you holding the car keys and your Porsche in the car park, and then he served you anyway, even when your mates warned him that you were going to drive home?

    What the hell kind of mates would let a you drive drunk?
    The same sort that drive Porsches I guess.

    --
    I know I'm going to hell, I'm just trying to get good seats.