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RIAA to Sue You Now

An anonymous reader writes "MSNBC reports that apparently the music industry feels so satisfied with going after file swapping software makers that they want to sue the pants off the file swappers themselves. Of course, you'll need to be a big fish with lots of illegal music to get their attention." This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

703 comments

  1. About time by darnellmc · · Score: 1

    About time the true guilty party was sued!

    1. Re:About time by Anonymous Coward · · Score: 3, Insightful

      Guilty party? excuse me? havnt you ever heard of fair use? maybe these people actually own all the music. the guilty party would be those downloading from these innocent victims being sued.

    2. Re:About time by purpledinoz · · Score: 5, Insightful

      It's a stupid idea, the second one big distributor gets busted, 3 more are going to pop up, it'll take an enourmous amount of resources to even make a dent in the supply of songs. In the meantime, they'll have to raise the prices of CDs, yet again, to finance this legal effort, and people will even buy less CDs and download more music.

      They're just digging themselves deeper into their graves. They're approach should be through sound economics, not through evil lawyers (that's another issue all together!).

      Give us an incentive to buy your CDs and we'll buy it. Stop blatently rip us off!

    3. Re:About time by Anonymous Coward · · Score: 0
      Guilty party? excuse me? havnt you ever heard of fair use? maybe these people actually own all the music. the guilty party would be those downloading from these innocent victims being sued.

      Hey stupid. Downloading songs is not illegal, even if you don't "own" them (whatever you mean by that). Someone sharing songs is breaking the law, because that's what the law prevents-- unauthorized duplication of copyrighted material.

      Wanna be insightful? Point out that going after "the real criminals" (i.e. people putting their collections out there for sharing) is likely to catch a lot of us in the resulting cross-fire. Really wanna have all your computer stuff confiscated by law enforcement because some RIAA dillhole showed the FBI an open port on your server and convinced the agent that this meant you were sharing files-- whether you are eventually acquitted or not, think how easy it will be for big business to get law enforcement to do their bidding.

    4. Re:About time by Anonymous Coward · · Score: 1, Interesting

      Change the EULA on all P2P software to state that Employees, Agents, or Representatives of the RIAA, MPAA, BSA are not allowed to use this software.

      The software is for the use of an individual person, not corporations, or their representatives.

      The use of the software, or reverse engineering of the software or the P2P network to obtain IP addresses or other personal and private information of other users is a violation of this EULA.

      Parties violating these sections of the EULA agree to pay the persons or parties (users) whose information and privacy was compromised $1,000,000,000.00 per instance where the user's IP address was logged.

      Then rewrite the software to mask IP addresses.

      Make it anonymous..

    5. Re:About time by Anonymous Coward · · Score: 0
      About time the true guilty party was sued!

      Simplistic dipshit. Or are you just trolling for attention because you were weaned too early?

    6. Re:About time by Anonymous Coward · · Score: 0

      No, allowing your files to be downloaded isn't illegal. Downloading the stuff if you haven't already bought it is.

      Slashdot is "sharing" the html files on its server by letting people download them. Is that illegal now?

    7. Re:About time by Paracelcus · · Score: 0

      Anonimizer, proxyhost, blah, blah, blah

      Who's got the ip that minute? why sombody in St. Petersburg Russia or Paraguay, or Sarawak!

      Go after em you greedy crooked bastards, WHAT! you mean they're out of reach of your slimy shysters?

      --
      I killed da wabbit -Elmer Fudd
    8. Re:About time by Anonymous Coward · · Score: 0

      Why would someone run P2P software and share songs they own if not for others to illegally download them?

    9. Re:About time by azadism · · Score: 0

      This is where the issue of Fair Use is going to come into play. It is going to be a sticky situation

    10. Re:About time by silicon_synapse · · Score: 2, Insightful

      With all due respect, you're an idiot. The second a few big distributers get busted, the majority of distributers will cower under their beds. Would you be willing to share GBs of MP3s on your broadband connection if the other big guys around you were getting their systems confiscated and facing major fines they could lose their homes over? History has shown intimidation works well, and it will continue to work well. People just want their music; they don't care about fighting the man.

    11. Re:About time by Kwikymart · · Score: 1

      Change the EULA on all P2P software to state that Employees, Agents, or Representatives of the RIAA, MPAA, BSA are not allowed to use this software.

      Nice try. The first problem is that there are many clones that will not hold the same EULA. There will almost always be a slipup with someone doing this. Secondly, they could just ask/hire some kid under 18 to download the program and they could use a packet sniffer inbetween and reverse engineer it that way without ever seeing a valid EULA. They would then build a bot that would track users.

      The idea would be cool, but almost impossible to implement.

      --

      Buying a Dell computer is equivalent to dropping the soap in a prison shower.
    12. Re:About time by foobar104 · · Score: 3, Insightful

      Give us an incentive to buy your CDs and we'll buy it. Stop blatently rip us off!

      Let me get this straight. You think that CDs are too expensive, therefore the RIAA is ripping you off. So you take music from the publishers (and, indirectly, from the RIAA) without paying for it, and this is okay.

      Wait. I must have missed something.

    13. Re:About time by Anonymous Coward · · Score: 0

      No, allowing your files to be downloaded isn't illegal. Downloading the stuff if you haven't already bought it is.

      Slashdot is "sharing" the html files on its server by letting people download them. Is that illegal now?


      Actually... Both are illegal. Suppose I make a duplicate copy of Windows 2000 and sell it to you. Then BOTH of us have broken the law. Your /. argument doesn't work because /. owns the copyright to the html files they're sharing.

    14. Re:About time by Anonymous Coward · · Score: 1, Insightful
      No. It isn't. You have it completely backwards. Read the damn law yourself some day, you might find it informative.

      It is illegal for me to make an mp3 of a Britney Spear's song and distribute it. Period. End of story. I do not have permission to share the song. With anyone, except for certain Fair Use situations, which are fairly restrictive and certainly do not include anonymous sharing over a worldwide network.

      It is not illegal for Slashdot to write articles for the web and "share" the HTML files. They own the copyright for the articles, or have permission/license to share the stuff here.

      Finally, in neither case, is the person downloading the file, mp3 or html, going to be committing a crime, because how the hell do they know if the file is illegal or not? We *might* be able to argue that they had a reasonable suspicion that the files were illegal copies, but the primary guilt is still with the person offering them up for download.

    15. Re:About time by Kichigai+Mentat · · Score: 1

      So true! When Napster got busted, Morpheus, KaZaA, and Audio Galaxy popped up. But let's face facts: as long as there's been pirates as long as there's been the Audio and Video cassette, as well as the Personal Computer, like the Apple ][, there have been pirates! The Pirating "Industry" will all ways be here. Unless that there is some sort of PHYSICAL prevention, like the difficulty of creating Vynil Discs from LPs, people will always have work-arounds. Even these new "Copy-Protected" CDs and DVDs have workarounds! For DVDs, there's a software solution, for CDs, there's a physical soulution, and for CDs, it a simple method that it totally logical. The pirates won't dissappear unless new laws pop up that would practically squelch our rights, and put our legal system in a light that makes it seem like the old commie Soviet Union. Let's face it, pirates will allways exist, but what can be done is to reduce the numbers of pirates, which reduces the loss of money. The evoloution of DVD-A bringing beter audio, and promising more storage will bring richer media. More things need to be on music discs. Things like full lyrical lists, artist information, music videos, and, for those who like it, Kareoke videos, but these will probably be pirated too. It's a never ending cycle caused by the Digital Revolution and supported by more powerful and better computers and Broad-Band Internet Connections.

      --
      Rawr
    16. Re:About time by purpledinoz · · Score: 1

      Well, I'm a students, and I have limited funds, and an unlimited love for music. I can't afford to buy every piece of music that I listen to. That's a fact. Just because I can't afford all those CDs, should I not be allowed to listent to music? The way price of CDs is going, music is gonna be just for the rich. And don't tell me to listen to the radio, because radio sucks ass.

      I still purchase CDs, but I admit, not as much as I used to, partly because it's too expensive now, and partly because I can get it for free. However, I am attending more concerts because I have more exposure to more musical talent, not just the crap that the radio feeds me.

      And yes, the record companies are ripping you off. Record companies have put no effort into making the CD a better product to buy, however, they are charging more.

      You and you're rich friends buy your CDs. Me and my poor friends will continue to listen to music.

    17. Re:About time by purpledinoz · · Score: 1

      Yes, you are right, people will hide for cover, still doesn't mean they'll stop sharing. There will be other ways, always. And what about our good friends who aren't American? You think you Americans have a legal reach there? What makes you think that the Russians will be afraid that the RIAA will come after them?

    18. Re:About time by foobar104 · · Score: 4, Insightful

      Just because I can't afford all those CDs, should I not be allowed to listent to music? [...] And don't tell me to listen to the radio, because radio sucks ass.

      Well... um... yes. If you don't want to listen to free music, and you don't want to (or can't) pay for music, then you don't get any music. That how a capitalist market economy works.

      I guess you could make the case that being deprived of music is a moral wrong, and try to get somebody with money to back a charity for people who can't afford music. A church would probably be willing to help you out, but I'm not sure you'd care for their selection.

      Your other option is to hum.

    19. Re:About time by Stonehand · · Score: 2

      Tough.

      You know, there's a common refrain in the pro-GPL part of the open source community that if you don't like the license, you're free to not use a component and instead write your own -- but don't infringe on the GPL, whatever you do.

      You're free to beg for money, you're free to cut back on other expenses, you're free to make your own music or even form a band. Hell, you're allowed to form a band and distribute your music under the BSD license if you choose. But "I just wanna" is never moral justification for ANYTHING, except possibly to 4-year-olds who don't know the difference between right and want.

      --
      Only the dead have seen the end of war.
    20. Re:About time by purpledinoz · · Score: 1

      Alright, you win this round, it is "wrong" to download music, however, I don't feel that there is anything morally wrong with it (If i did, I would have a hard time living with myself). I am not taking anything from anyone. I really don't give two shits, I still support those bands that I favour the most.

      Better watch with the Christian insults, they can be surprisingly vicious.

    21. Re:About time by silicon_synapse · · Score: 1

      For the time being, the USA has enough financial/economic clout to do pretty much whatever we want. That certainly won't always be the case, nor is it necesarily ok, but it's the truth. One day the US will be smacked down, but it won't be this year or the next.

    22. Re:About time by Anonymous Coward · · Score: 0

      Why would someone run a Fsckd OS with backdoors and allow others to connect, mess around and download stuff

      Why would someone release music in digital format if not for others to digitalize it.

      Why would someone leave a door/window open if not for others to enter

      Why would someone leave a car unlocked if not for others to steal it

      If I have a BackOrifice/trojan type thing in my machine and my collection of personal fair use mp3 is open to the public, would the RIAA come after me ?

    23. Re:About time by sopwath · · Score: 1

      If so many people just want their music, why wouldn't they look for the cheapest and easiest way to get it? I don't really think people should be sharing thier music (I like my CD converted to MP3 though, for all the right reasons) but how would Napster and all the P2P services have any impact if a lot of people weren't using them?

      sopwath

    24. Re:About time by zootread · · Score: 2, Funny

      Finally, in neither case, is the person downloading the file, mp3 or html, going to be committing a crime, because how the hell do they know if the file is illegal or not? We *might* be able to argue that they had a reasonable suspicion that the files were illegal copies, but the primary guilt is still with the person offering them up for download.

      True enough. There are many times when I do a P2P search for "amateur" and just download every result and sort them out as I get them. I end up having to delete a lot of copyrighted non-amateur porn because people mislabel files all the time.

      --
      Zoot!
    25. Re:About time by Maledictus · · Score: 1

      "Better watch with the Christian insults, they can be surprisingly vicious."

      Which? The Christians or the insults?

      --
      Consigned to flames of woe.
    26. Re:About time by Anonymous Coward · · Score: 0

      Under the No Electronic Theft Act only the sharing of files is illegal, not downloading them. However, almost all P2P programs install a server on your computer and, by default, immediately share back whatever you downloaded. Even when you are not actively using the P2P program, the files continue to be shared through that server on your computer placing you in violation of the law. That is one of the "evils" of P2P programs - they can turn people into a criminals without their concent or knowledge.

    27. Re:About time by Anonymous Coward · · Score: 0

      Which is why countries like Ukraine, China, Argentina, etc are all well known for having such a good track record when it comes to protecting US copyright interests. I mean we just just tell them to stop letting people make all those copies and they do exactly as we say. erm no.

    28. Re:About time by purpledinoz · · Score: 1

      Christians. Remember Dogma? There were death threats sent out because of that movie.

    29. Re:About time by Richard_at_work · · Score: 0, Troll

      if they own it, then let them prove that in court. The majority of these people who do massive trading are pirates, they dont own all 100gb of mp3s they have.

    30. Re:About time by foobar104 · · Score: 2

      I am not taking anything from anyone.

      Ah, but you are. But that's another conversation.

      Better watch with the Christian insults, they can be surprisingly vicious.

      I didn't say ``Christian'' at any point, and also there was no insult intended; I meant it literally. You may not like the kind of music that you can get for free, from a church or anywhere else. You can either listen for free and take what you can get, or you can pay to get exactly what you want. No middle ground, I'm afraid.

    31. Re:About time by purpledinoz · · Score: 1

      Well, then I admit it, I'm not a moral person, and neither is the majority of the world. We've all walked crossed a road on a red light, I'm sure. We've all downloaded songs. Just because it's illegal, doesn't mean it's wrong. Downloading music isn't wrong. What's wrong is not buying the albums you enjoy. Why should I shell out $20 for that one song I like? I'd be glad to be able to buy just that one song.

    32. Re:About time by zootread · · Score: 2, Interesting

      Well, I've been observing piracy for a long time now, and my take on it is this: In the earlier days, piracy tended to be more private, more underground. There were private BBSes where you had to have referals to be able to get an account (after all, the sysop was risking his ass). Some people I know were also part of clubs that would get together and trade disks full of software. Computer software piracy was the most widespread. Console piracy was a bit of a niche, and you didn't see it everywhere, this was partly because Nintendo and Sega were very serious about going after console pirates.

      Then piracy started moving over to the Internet. There were probably many private FTP's like the private BBSes, where people put up files on there own space at risk. But something else happened - there were pirate FTP sites placed in locations that were not connected to the person who set up the site. This was done by exploiting misconfigured FTP sites that for example had an incoming directory that could be wrote to and then read from (as well as FTP servers that were just cracked). Thus, the risk became smaller for maintaining pirate sites, and it became more public. You started seeing warez web sites that just linked to the warez.

      With things like Hotline and ICQ (as well as IRC file trading), the innevitable happened - file sharing networks were born with the creation of Napster (and the others that followed). Piracy was no longer underground, it was public, out in the open. You can search for something, download it, and log the person's IP address while you're at it. Civil disobedience right out in the open.

      And its very easy to get caught. You expose your IP address to everyone, including the ones who want to bust you. If people start getting busted left and right, do you think people are going to sit around sharing their files waitng around to get busted? No. Their going to go back underground. They'll have to use means which don't display their IP address for the world to see, or at least are well hidden and not in the public's eye. For music, people will go back to copying music among friends like its always been done.

      Of course I'm thinking of more than music here. But in any case, piracy is a risk, it's always been. If you're going to do it, you have to be careful and take the necessary precautions. Don't do it out in the open. Otherwise, you will get busted.

      --
      Zoot!
    33. Re:About time by purpledinoz · · Score: 1

      Ah, that's where you're wrong. I CAN get exactly I what I can get for free. Right? As far as I'm concerned, there's no consequence. Not to me, not to anyone. Tell me, who gets hurt when I download that new Britney Spears song? I'm sure Britney isn't damaged in any way by the act of me downloading that song. So, why would I pay for something when I can get it for free?

      The problem isn't me. It's the record companies. If they put more incentive into the CDs, I will buy more CDs. Plain and simple. As of now, there's really no difference between downloading an album and buying the CD, except for the physical CD, and the cover. But a lot of the times, the cover is just not worth the money I spend. If there was more to a CD, like how all the extra stuff is on a DVD, then it will have a larger value to me, and I will buy it. If CDs were cheaper, say $8, I will buy significantly more CDs. It's all economics.

    34. Re:About time by purpledinoz · · Score: 2, Insightful

      You're totally correct. People will probably stop sharing if they just got a warning. I certainly would, because I don't wanna pay a lawyer so that RIAA can sue me.

      But as soon as a medium, Kazaa for example, becomes unfeasible to trade files (maybe because it's too much of a risk of getting caught), there will be another medium. Probably more local and underground, but it'll still be there. Like wireless networks. There are projects on the way right now to get entire cities wireless access. People there will be able to share files over the wireless network. There's no way piracy can be stopped. And the RIAA and the record companies are taking the totally wrong approach to this problem. And they will be punished for it, with lower profits.

    35. Re:About time by uncoveror · · Score: 2

      The real problem is that fair use is a gray area. It does not have an ironclad legal definition. There have been cases where one thing or another has been ruled fair use, but whether file trading is fair use will have to be decided by the courts. Many of us firmly believe that file trading is fair use, and hope the courts will agree. An idea, once expressed, naturally belongs to the public domain, but is loaned to copyright and patent holders to encourage innovation and creativity. To read more on this subject, I suggest following the linkslisted on dontbuycds.org

      --
      The Uncoveror: It's the real news.
    36. Re:About time by Anonymous Coward · · Score: 0

      Has the RIAA heard of crypto??? The logical (and simple) workaround is encrypted file-sharing systems with dynamic proxies.

    37. Re:About time by foobar104 · · Score: 3, Interesting

      Tell me, who gets hurt when I download that new Britney Spears song?

      You do. Ugh.

      All kidding aside, you're just wrong, for reasons that I guess I won't be able to explain to you. Taking something without paying for it is wrong. In this case, it also happens to be illegal. If you would acknowledge that it's wrong, and that you shouldn't do it, but that you do it anyway, then you and I could see eye-to-eye. I have no problem at all with hypocrites. I'm a huge hypocrite myself in a lot of ways.* But I do have a problem with people who can't seem to understand basic issues of right and wrong. That saddens and disturbs me.

      * Not with respect to downloading MP3s, though. I was on an MP3 kick for a while about three years ago, but I quickly got bored with it. The music was all of absurdly low quality, and it was more trouble than it was worth to find and download stuff I liked. So I ditched all of the pirated stuff and ripped my collection of 300+ CDs at high bit rate instead, and ran cables to wire my server (upstairs) into my stereo (downstairs). It's about nine days of music on continuous random shuffle. Much better than the crap I got off of Napster. Ugh.

    38. Re:About time by Anonymous Coward · · Score: 0

      Guilty until proven innocent. What a great response. I think your employer should fire you, Richard_at_work and let you prove that you're using Slashdot for work reasons, later.

    39. Re:About time by Anonymous Coward · · Score: 0

      "Your other option is to hum." Haha, I can't believe it's not moderated as Funny.

    40. Re:About time by Stonehand · · Score: 2

      Nobody ever said morality was easy, except the extreme moral relativists who claim that everything is moral because there are no possible standards.

      And no, we haven't all downloaded MP3s.

      Go read a book on ethics and philosophy. Nozick's works would probably be a good start, considering that he a) admits that he doesn't have a COMPLETE codification of ideal society, b) is concerned primarily with justice and freedom instead of micromanaging some economic distribution judged, a priori, to be the only fair one, and c) asks extremely insightful questions regarding both morality and practicality.

      --
      Only the dead have seen the end of war.
    41. Re:About time by Dirtside · · Score: 2

      That is indeed how our capitalist market economy currently works. A large part of it is predicated on the idea of intellectual property: patents, copyrights, and (to a much lesser extent) trademarks. There is no particular reason why the economy must work this way.

      However, as Jefferson, Franklin, Adams, and many others pointed out, ideas and information are not even remotely similar to physical property like cars, food, clothing, etc. Information can be replicated infinitely at minimal cost, whereas cars, food, and clothing cannot. (Not yet, anyway.) The obvious question arises: should ideas, then, be treated the same as regular property? More and more people are coming to believe that the answer is "no".

      If I physically steal a CD, I have the CD and the original owner no longer has the CD. If I copy the CD but leave it with the original owner, they still have everything they had before, and I had more than I have. There is a significant difference.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    42. Re:About time by Dr_Auknix · · Score: 1

      Does Kazaa and all the other file sharing programs not automatically share you files by default, and in many ways go about doing this in a "sneaky" sort of way ? I work at a giant Canadian cable ISP. Every month we recieve thousands of calls from customers who run file sharing programs wondering why their speeds suck because their outband traffic is being maxed out. I can tell you right now that 80+% of these people have no honest clue that people can "break in and steal files from my computer ?" I feel many innocent people who collect mp3's will suffer as a result of this simply due to lack of a basic understanding of p2p networks.

    43. Re:About time by silicon_synapse · · Score: 1

      Encryption would be useless. If a client can decrypt it, the [RI|MP]AA can also. Proxies could help, but I'm sure that would only slow them down. It would have to be something along the lines of freenet.

    44. Re:About time by purpledinoz · · Score: 1

      Yes, we do see eye-to-eye, because I do know that it's wrong, but I still do it anyway, like walking across the street when the light is red. In general, people know that it is wrong. But the issue is grey because you will be hard-pressed to prove that someone is actually getting hurt by me downloading 1 song. It's not like stealing a car.

      And don't lie, you really aren't saddened and disturbed.

      Congratulations on your large music collection. I'm sure you won't let your friends borrow your CDs because they will copy it. Good for you.

    45. Re:About time by Anonymous Coward · · Score: 0

      Suppose I make a duplicate copy of Windows 2000 and sell it to you. Then BOTH of us have broken the law.

      That's completely different. If you yourself copy the CD and sell it to someone, then you have both broken the law, yes. But if you put the file on an FTP server, and someone else downloads it, then they have broken the law, but you have not, because you did actually do anything yourself.

    46. Re:About time by purpledinoz · · Score: 1

      Well i'm glad you're able to finance all the music you listen to and are happy with what the radio plays. You are a better person than me, good for you. I will not read the book on ethics because I already know what's ethical and what's not.

    47. Re:About time by moongha · · Score: 1

      What you're saying is so simple, yet an amazing amount of people have trouble understanding the concept.

      It probably illustrates how effective society is at brainwashing counterintuitive ideas into peoples heads.

    48. Re:About time by Anonymous Coward · · Score: 0

      With respect, if you'd read any decent philosophical texts you wouldn't possibly be saying that he should refrain from enhancing his life by downloading mp3s because it's 'wrong'.

      Surely you can see that doesn't really work. And don't say, well that's just tough because it obviously isn't. I can go and download an mp3 right now and know that the rest of the planet will carry on blissfully unaware of my immoral actions.

      That's why any system based on relying on people to do the right thing en masse simply doesn't work (like not running your computer 24/7 to save power for example). The old adage 'you can make a difference' is quite obviously bullshit.

    49. Re:About time by tifosi · · Score: 1

      This silly, what will stop RIAA from connecting to one of those wireless networks, and pretend to be a legitimate user while logging "illegal" activities.

      I think freenet is only way to be anonymous this days.

    50. Re:About time by Anonymous Coward · · Score: 0

      Anyone who is unwilling to challenge and confirm/disprove their own ideas must not have much confidence in their ideas. I won't read the book indeed... What are you scared of? Being wrong? Contrary viewpoints often help us to remove the blinders we put on our beliefs. It's so easy to see things one way until someone suggests another.

    51. Re:About time by JoeBlows · · Score: 1

      I do not think that you will find anyone refut that the copyright crisis is a bad thing....however, even if copyright were placed back to its origional integrity, taking the copyrighted content off a physical media is stealing.

      people pay for the content, not the material.

      when was the last time you bought a book for its properties as a toilet paper dispencer?

      information is worth somthing...however, it should not be priced indefinatly.

      --
      True capitalism = lots of similar companies = jobs for everyone who wants one.
    52. Re:About time by foobar104 · · Score: 2

      There is no particular reason why the economy must work this way.

      First of all, economics isn't always a zero-sum game. The fact that person X still has his CD after person Y copied it doesn't change the fact that a transaction has taken place. Value-- in the form of the digital music stored on person X's CD-- has been received by person Y. In person X's case, he paid to receive that value. Person Y didn't. Person Y committed an act that is economically equivalent to walking out of a Tower Records with the CD under his coat. It's theft of value, whether or not that value has a material component.

      Furthermore, as I've pointed out elsewhere, the creation of intellectual property is very much governed by economic forces. If the profit motive can't offer a sufficient reward for efforts, people will stop creating works like movies and such. A starving artist may write poetry, but he'll never make The Magnificent Ambersons. If you take away a person's ability to make money from his art-- by reducing the economic value of an electronic copy of that art to zero-- you're removing one of the key motives to make that sort of art in the first place. That would be bad.

      If I copy the CD but leave it with the original owner, they still have everything they had before, and I had more than I have. There is a significant difference.

      The difference isn't as important as the similarity, and the similarity is a moral issue. You're still getting something for nothing, and that's not right. Whenever you receive something from somebody-- except in the case of gifts, of course-- you should give something in return. That's not a law, but it's a moral compulsion. Stealing music by downloading it without paying for it-- for that's what it is, stealing-- is just plain wrong, and it should feel wrong to you.

      Arguments about whether it should be legal or illegal should not lose sight of the fact that it's wrong.

    53. Re:About time by Grammar-Not-Z · · Score: 1

      That's a great argument, but there are ways for an artist to make money from his trade without exploiting a monopoly and participating in price gouging. I won't buy a CD that's not from an independent artist anymore....fuck recording labels, they're nothing more than a bunch of gang rapists.

      --
      Read a book.
    54. Re:About time by pr0t3uS · · Score: 1
      If you take away a person's ability to make money from his art-- by reducing the economic value of an electronic copy of that art to zero-- you're removing one of the key motives to make that sort of art in the first place.


      And i thought being an artist has something to do with the inner need of expressing your soul.
      A starving artist may write poetry, but he'll never make...


      Ever heard of Vincent Van Gogh?

      The real point is that we are not speaking about the art here but about entertainment and entertainment is a business. All this steps are not made because "our poor artist" are hungry (look at Britney how skinny the poor girl is. She looks like she didn't had a good meal for ages) it is because their business lost 5%! And imagine the hard times this "artists" are going trough when they earn only 9,5 million $ instead of usual 10. Must be something like:

      Producer: Sorry Britney, we lost 5 % this year.

      Britney: What? But how? I've done everything you said.

      Producer: Yes, but those pirates...

      Britney: But that means that i will have to eat and show myself once per month in this filthy, cheap 5 star restaurants. What about my reputation?

      Producer: I know. I'm sorry...


      I am not saying that it is ok to copy mp3's. I am just saying that they don't have to many arguments that would persuade us to support them.
    55. Re:About time by bigsexyjoe · · Score: 1
      The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.

      I own this comment and I do not give you or slashdot.org permission to copy. Now I'm gonna sue you. HA! HA! HA!

    56. Re:About time by Dirtside · · Score: 2
      First of all, economics isn't always a zero-sum game. The fact that person X still has his CD after person Y copied it doesn't change the fact that a transaction has taken place. Value-- in the form of the digital music stored on person X's CD-- has been received by person Y. In person X's case, he paid to receive that value. Person Y didn't.
      Hmm, maybe it's just pedantry, but what if person X didn't pay for it either? Let's say he really DID steal a CD from Tower Records, or got a free promotional copy from the artist. Is it different? (I'm not saying whether it is or not, I honestly don't know and wonder what you think :)).
      Person Y committed an act that is economically equivalent to walking out of a Tower Records with the CD under his coat. It's theft of value, whether or not that value has a material component.
      The problem I have with the statement, "It's a theft of value" is that "theft" implies that the original possessor of the value no longer has it, which is clearly not true -- they have the value, as does the "thief". Where there was before one, now there are two, and the second was created from (essentially) nothing. The total amount of value in the system has increased. Economics is indeed a zero-sum game, but information is not. I do not need to lose information for you to gain it. Hence, intellectual property does not operate via normal economic laws. At least, not inherently; a simulacrum of "normal" economic behavior has been implemented by way of copyright and patent law.

      Now, the argument could be made that the value of the music that X possesses is less now that Y also has it, on the grounds that there is value in having something that someone else does not, or the grounds that as more people have it, its value is inherently lesser. However, economically, neither of these can be particularly well-quantified. Effectively, the argument is null.

      Furthermore, as I've pointed out elsewhere, the creation of intellectual property is very much governed by economic forces. If the profit motive can't offer a sufficient reward for efforts, people will stop creating works like movies and such. A starving artist may write poetry, but he'll never make The Magnificent Ambersons. If you take away a person's ability to make money from his art-- by reducing the economic value of an electronic copy of that art to zero-- you're removing one of the key motives to make that sort of art in the first place. That would be bad.
      What of artists who existed before modern copyright law. They did not operate under the assumption that their ideas would be protected from use by others. They did not operate under the idea that they could do a small amount of work a single time, and reap profits from that work for extended periods. If Mozart wanted money, he had to go out and perform, to keep earning it. The idea that you can work for a few weeks, and from that effort earn enough money to live on for several years, is a very recent one. Is it good for the economy? I don't think so. Content producers should be encouraged to keep producing, not to hit it big and live off the royalties.

      I also agree that the amount of content would be lesser without IP law; but how much lesser? That is not so easy to assume. Nor is it easy to assume which segment of produced content would disappear. For all we know, if a lack of IP laws reduced the content output to 10% of what it is now, the missing 90% might have been the crappiest 90%. Or, for all we know, all the great works would vanish and we'd be left with nothing BUT crap. We don't know, and the only way to find out is to try it.

      Large-scale productions that require multiple peoples' effort would probably be harmed. When your investment is that big, more people aren't willing to take the risk that it's going to get copied without compensation. On the other hand, we're used to the idea of copyright law. What if we were used to the idea of supporting our favorite artists because we wanted to encourage them to produce more?

      The difference isn't as important as the similarity, and the similarity is a moral issue. You're still getting something for nothing, and that's not right. Whenever you receive something from somebody-- except in the case of gifts, of course-- you should give something in return. That's not a law, but it's a moral compulsion. Stealing music by downloading it without paying for it-- for that's what it is, stealing-- is just plain wrong, and it should feel wrong to you.
      First things first. I don't take kindly to being told how I should feel about anything, or what my morals should be.

      Also, what's with, "for that's what it is, stealing"? Last I checked, stealing means the victim no longer has the item in question. Just because you call it "stealing" doesn't magically make "stealing" music the same as stealing a car.

      The issue that I see is that taking without giving something in return is self-defeating. If your favorite artist produces something you like, and you get a copy, but you never contribute anything back (namely, money), then the artist is less likely to keep producing. It is in your own interest to support artists whose work you like (giving more to artists you like more, and less to artists you like less), and to not support artists whom you dislike. Unfortunately, the copyright cartels have made it difficult to support an artist without supporting the numerous middlemen who add little value to the content. Mostly I'm thinking of the music and book industries here; movies are different because a film typically has so many people working on it, so who do you give your money to? Five cents to each of the crew, a quarter for the minor actors, a buck to the major actors, director, and screenwriter? Movies work well, actually, because you're paying for the cinema's service -- you're paying for space and time, not for information. (Movies on DVD, however, are functionally identical to CDs or books in a copyright context.)

      My wife proposed an idea which would probably be hell to implement, but at least gets you thinking. The idea is that copyright (or patent) lasts until you make a certain amount of money, or a certain amount of time, whichever came first. The amount would be based on the expenditure to create the content. If you spent $100 million to make a movie, then your copyright would expire as soon as you made $500 million back (including box office, DVD rentals/sales, TV licensing fees, etc.). If your movie sucks and never makes $500 million, then the copyright expires in 20 years. (There might be a minimum time period, as well, say 5 years -- that way if you have something that's wildly and unexpectedly successful, the public has time to digest it in its original form before mutations appear.) The exact numbers and details would vary, but the idea is that once you get a certain amount out of that work, it becomes part of the public domain and you are encouraged to make more. The potential still exists to make lots of money.

      Personally, I think that copyrights should be 20 years to start (I'm flexible on the exact number). Individuals could apply for a single extension on a copyright, but only the original owner could do so, and only if they were alive at the time of copyright expiration -- their heirs, or anyone who may have bought the copyright from them, would not be allowed to extend the copyright, as THEY did not create anything and don't deserve anything. Corporations could own a copyright only if they created the content to begin with (either by contracting to an outside individual or corporation, or by officers of the corporation creating something themselves); they could not purchase already-created copyrights from individuals (but could from other corporations), and could not extend the term on ANY copyright. Twenty years is plenty of time to reap the benefits of a work. One downside, of course, is work produced before its time; someone who writes a brilliant novel that isn't appreciated because it'll be 25 years before society is ready for it, isn't going to get a lot out of it when the 25 years have passed. On the other hand, that person is going to have to keep working in the intervening 25 years, and no doubt their current works will benefit from the public's knowledge that they wrote this brilliant thing 25 years ago, even if they don't derive much direct compensation from it.

      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    57. Re:About time by purpledinoz · · Score: 1

      I really don't need to prove to you guys that I'm right to make myself feel better.

    58. Re:About time by tuxliner · · Score: 1

      1 - As a record collector, I must say I've been ripped off by the music industry for aeons...
      I have up to 500 vinyl LPs and 500 CDs, not
      mentioning the singles, tapes,etc...
      so I don't give a flying fsck about downloading
      any files from anybody...

      2 - thinking globally, ripping old vinyl records
      as mp3s is a good idea because it makes a
      huge backup of the entire world's music thus
      allowing the most rare or unfindable records
      not to disappear.

      3 - It reminds me of a time where some record labels used to put on the record sleeve a logo saying :

      "HOME TAPING IS ILLEGAL AND IT KILLS MUSIC"

      Eventually, a punk/new-wave label issued a record out with quite the same logo which said :

      "HOME WANKING IS ILLEGAL AND IT KILLS PROSTITUTION"

      which well describes the core of the problem given the huge number of corporate whores among
      today's artists.

    59. Re:About time by dossen · · Score: 1

      Well, installing the sharing client should be the first clue, selecting the directory to share should be another and then there is the list of uploads which every p2p app I've seen have. But sure, people install stuff they don't understand, they answer install questions without thinking and no way are they gonna try to understand the applications they run.

      IMHO there is nothing sneaky about the way p2p apps in general share your files, you get a dialog, where you select a directory. But you are right in observing that people don't realise the consequences. Is this our problem? I say hell no (working for an ISP you might be of a different opinion, but this is my reply).

    60. Re:About time by matrix29 · · Score: 2

      With all due respect, you're an idiot. The second a few big distributers get busted, the majority of distributers will cower under their beds. Would you be willing to share GBs of MP3s on your broadband connection if the other big guys around you were getting their systems confiscated and facing major fines they could lose their homes over? History has shown intimidation works well, and it will continue to work well. People just want their music; they don't care about fighting the man.

      The second a regular individual goes to jail that will be the instant I BOYCOTT ALL RIAA MEDIA and that will be it. If they want to imprison their customers then they will not have any money in the future from me until I am happy that the RIAA is rotting in their own graves.

      The main reason sales are down right now to near zero levels is the busting of Napster and other file-sharing sources. The RIAA method is going to have to end with the elimination of all television and radio - so there is no reason not to give them a taste of what happens when they bite Mommy America's Teat. Go ahead, RIAA and intimidate me and I will make it a cause to crap in your hand every chance I get.

      To sum it up - BUST YOUR CUSTOMERS and we customers BOYCOTT YOU FOR LIFE. These are your rules RIAA, live with them at your own peril.

      --
      "Face it, a nation that maintains a 72% approval rating on George W. Bush is a nation with a very loose grip on reality.
    61. Re:About time by foobar104 · · Score: 2

      fuck recording labels, they're nothing more than a bunch of gang rapists.

      You know, hyperbole is really not a very good way to make your argument. Even if you're right, you end up sounding wrong.

    62. Re:About time by foobar104 · · Score: 2

      Hmm, maybe it's just pedantry, but what if person X didn't pay for it either? Let's say he really DID steal a CD from Tower Records, or got a free promotional copy from the artist. Is it different?

      I don't think so. If you take it all the way back up the chain, you either find that somebody (a) paid for a CD, or (b) was given a CD by the owner of the music in question, or (c) stole the music in question directly from the owner. How person X got his CD is irrelevant. What's relevant is that person Y made a copy when he had no right to do so.

      The problem I have with the statement, "It's a theft of value" is that "theft" implies that the original possessor of the value no longer has it, which is clearly not true

      This is our fundamental disagreement, then. The words ``stealing'' or ``theft'' do not imply that the original possessor no longer has something. Whether the original possessor has it or not never comes into it. The act of theft occurs when you acquire something that you have no right to acquire. The means by which you acquire it don't (or is it ``doesn't?'') matter.

      If you walked into a store and shoplifted a CD, you'd be stealing two things: the CD itself-- the atoms, basically-- and the music on it-- the bits. Copying the CD and returning it to your friend means that you're only stealing the bits, but not the atoms. That's admittedly less wrong than stealing both, but it's still stealing.

      In order to see this from my point of view, you're going to have to let go of your assumption that the act of theft requires an act of deprivation. That's not necessarily true.

      And, for the record, economics is not a zero-sum game. Just ask your lawyer if he's ever billed two clients simultaneously while doing research on a matter of law to see what I mean.

      First things first. I don't take kindly to being told how I should feel about anything, or what my morals should be.

      I don't mean to be insulting, but that's what morality is. It's a set of rules that tell you how you should feel under various circumstances. If you don't feel that stealing music is wrong, then either (a) your moral sense is flawed, or (b) your beliefs are fundamentally different from mine. As I've explained at length elsewhere, I think the idea that stealing is wrong is so fundamental to every culture that your belief on that matter shouldn't be different from mine. It's a normative value judgment on my part, and I stand by it. It's nothing personal, though.

      Also, what's with, "for that's what it is, stealing"? Last I checked, stealing means the victim no longer has the item in question.

      Again, this is the crux of our disagreement. Stealing has nothing to do-- in the deep, cultural, moral sense-- with depriving anybody of anything. It has to do with taking something for nothing, regardless of the circumstances. The law may use the idea of deprivation to define theft, but we're no longer talking about legal versus illegal. We're talking about right versus wrong, so the broad definition of stealing applies.

      My wife proposed an idea which would probably be hell to implement, but at least gets you thinking. The idea is that copyright (or patent) lasts until you make a certain amount of money, or a certain amount of time, whichever came first.

      But copyright isn't about money. It's about control. I, as the author of this comment, have certain inherent rights regarding this comment. I can say how it should be used, and by whom, and in what context. You can't use this comment without my permission, except in certain strictly limited and carefully defined ways. My right to control this comment lasts until I die, or until I transfer it to somebody else.

      Notice I didn't say anything about money there. Making money off of this comment-- say, publishing it and selling copies-- is only tangentially related to my copyright over this comment. If you copy my comment without my permission, you're both wrong in a moral sense and also breaking the law, whether or not I'm handing out copies of this comment for sale. Heck, I could put a copy of this comment under every windshield wiper at the grocery store and still sue you for copyright infringement if you use it without my permission.

      So it's about control of the use and distribution of one's work or ideas. When you put it in those terms, suddenly it makes complete sense that copyright should work exactly the way it does now: you retain your copyright for as long as you live, plus a little more, unless you voluntarily give it up. This is only appropriate. It's your work or ideas, so you have the right to say who can use it and how.

      (Of course, the idea gets complex when you talk about copyrights held by companies, which have no natural lifespan. I won't pretend to have all the answers on that subject. But it seems reasonable to me that a corporation-- say, Disney-- should have the right to control its creations-- say, Mickey Mouse-- for a reasonable amount of time-- say, the lifetime of the corporation. But the devil is in the details, alas.)

    63. Re:About time by Grammar-Not-Z · · Score: 1

      Yeah, but goddam it makes me feel a whole lot better to vent. Have you tried calling someone a rapist lately? It's sweetly satisfying.

      --
      Read a book.
    64. Re:About time by William+Baric · · Score: 1

      Stealing has nothing to do-- in the deep, cultural, moral sense-- with depriving anybody of anything. It has to do with taking something for nothing, regardless of the circumstances.

      Are you breathing right now? How much did you pay for all this air?

      There is also something else I want to know : is making profit equivalent to stealing? After all, if stealing means taking something for nothing then profit, in the sense of selling something at a higher price than what was spent for acquiring it (including salary), certainly fall into this category.

      copyright isn't about money, it's about control.

      I agree. This mean that, yes, downloading MP3 is stealing. It is stealing the control someone has over you. This leave us with the question : is this control over someone else moral?

      I understand that everyone should be rewarded for having an idea but I'm really against the concept of owning an idea.

      that's what morality is. It's a set of rules that tell you how you should feel under various circumstances

      I disagree. First, how I feel is not under my control. I cannot decide to feel in a certain way simply because I want it. I just feel. So if I cannot force me to feel the way I want, you certainly can't force me to feel the way you want. Second, I am the only one who can decide what my morale value will be. You may not like it, but, if I'm stronger than you, I don't care. In fact, if I'm stronger than you, it means that my morality is the right one.

      I think the idea that stealing is wrong is so fundamental to every culture

      Really? I think you should read a history book.

    65. Re:About time by foobar104 · · Score: 2

      Are you breathing right now? How much did you pay for all this air?

      If the air I'm breathing were rightfully the property of another, then your questions might make a kind of sense. As it is, I'm not sure I see your point.

      There is also something else I want to know : is making profit equivalent to stealing?

      Nope. Behold this fantastic bauble. I will sell it to you for $10. Here is your bauble, and I take my $10. We just conducted a transaction. I got $10, and you got your bauble. Neither of us took anything from another without permission.

      The fact that I bought that same bauble two stalls over for $3 is not relevant. I conducted one transaction (a bauble for $3), and then I conducted another transaction ($10 for a bauble). Neither of those transactions was stealing, because both of them involved getting something in exchange for something else with the consent of both parties.

      Taking a proft is not stealing.

      This mean that, yes, downloading MP3 is stealing. It is stealing the control someone has over you.

      Um... no. Downloading is stealing music. Don't confuse the music itself with either (a) the bits or the media that instantiate it, or (b) the rights of the owner over it. You copied the file (the bits or the media) in violation of copyright (the rights of the owner). But what you actually stole was the music itself.

      I understand that everyone should be rewarded for having an idea but I'm really against the concept of owning an idea.

      There's a difference between an idea like ``E = mc^2'' or ``oil can be refined from rocks'' and an idea like ``Ice Ice Baby'' or ``The Bridges of Madison County.'' The first two are abstract ideas, or inventions. The last two are creative efforts. Creative efforts have creators, and therefore they have owners. Inventions have inventors or discoverers, who have an entirely different relationship with their ideas than creators have.

      In fact, if I'm stronger than you, it means that my morality is the right one.

      Your ideas about morality are pretty strange. I'm not sure you understand what the word actually means. At the very least, we're talking about two different and incompatible concepts. I'm not sure further discussion of this topic would be useful for us unless we can come to an understanding of the subject matter first.

      I am, however, having fascinating discussions with Sobrique and moongha. May I suggest that you try reading this thread, or this one?

    66. Re:About time by dxkelly · · Score: 1

      I think it's already been made fairly clear by the courts that allowing a file you own to be available to millions is not fair use so the uploader is liable. The downloader is not liable because how did he know the file he was downloading was illegal.

    67. Re:About time by Dirtside · · Score: 2
      In order to see this from my point of view, you're going to have to let go of your assumption that the act of theft requires an act of deprivation. That's not necessarily true.
      Our essential disagreement is that you DEFINE "theft" to include (among other things) copying something without depriving the original owner, and I do not. I see no reason to. Either your moral system makes the basic assumption that theft does not require deprivation, or the idea that theft does not require deprivation can be logically inferenced from the assumptions of your moral system. I'm curious which it is. If it's a base assumption, then why do you make that assumption? If it's a logical inference, what are your basic assumptions?

      We're talking about right versus wrong, so the broad definition of stealing applies.
      You mean your broad definition of stealing. You have defined stealing to not require deprivation without saying why that should be the definition.

      Here's why I think stealing should require deprivation. Society exists because humans have an ingrained sense of self-preservation. Long ago, we recognized that banding together was to our mutual benefit. Societies, as a result, give themselves rules to keep individuals from disrupting the cohesion of the society. Rules that do not have any effect on the cohesion of society are irrelevant. Making a copy of something for personal use does not, in general, affect the cohesion of society. As a result, it should not be illegal.

      As I've explained at length elsewhere, I think the idea that stealing is wrong is so fundamental to every culture that your belief on that matter shouldn't be different from mine. It's a normative value judgment on my part, and I stand by it. It's nothing personal, though.
      I agree that stealing is wrong. However I define stealing differently than you, which is why we are still talking. :) And I didn't mean to seem offended; but it seemed like you were telling me that I should agree with your definition of stealing, rather than telling me that I should think stealing is wrong.
      And, for the record, economics is not a zero-sum game. Just ask your lawyer if he's ever billed two clients simultaneously while doing research on a matter of law to see what I mean.
      Erm, yeah. I'm not sure what I was thinking when I wrote that. My bad.
      But copyright isn't about money. It's about control.
      In the US, copyright is entirely about the progress of the useful arts, including both "arts" (entertainment, literature, etc.) and "science" (research, theory, etc.). The method by which copyright entices creators to create is by granting an entirely artificial monopoly over control of that monopoly (except for fair use, of course). Copyright doesn't exist because it's right that you should control your works; copyright exists because it is in society's interest for it to exist. If the Founders had decided that copyright was bollocks, we wouldn't have it.
      My right to control this comment lasts until I die, or until I transfer it to somebody else.
      Only because the law says so. No moral system I've ever heard of has ever specified copyright terms, or for how long you should have control of your works. I personally believe that copyrights should expire in relatively short periods, to encourage creators to keep creating, rather than letting the most successful creators rest on their laurels after scoring one big hit.
      So it's about control of the use and distribution of one's work or ideas. When you put it in those terms, suddenly it makes complete sense that copyright should work exactly the way it does now: you retain your copyright for as long as you live, plus a little more, unless you voluntarily give it up. This is only appropriate. It's your work or ideas, so you have the right to say who can use it and how.
      I'm not following the logic here. You're saying that because copyright is about control, it is morally right that someone should have control over their works for the length of their entire life? I disagree entirely. As the purpose of copyright is to serve society (Article I Section 8), then copyright terms should be set based on what best serves society, not what best serves an individual's sense of control. By what moral logic should a person's ideas remain theirs to control until they die?
      But it seems reasonable to me that a corporation-- say, Disney-- should have the right to control its creations-- say, Mickey Mouse-- for a reasonable amount of time-- say, the lifetime of the corporation.
      Given that corporations can have unlimited lifetimes in this country (or at least, several times the lifespan of a human), this is a terrible idea. Either corporations must have limited lifespans, as short or shorter than the average human (and their copyrights expire at the end of their life), or copyrights must have limited lifespans (and copyright terms should not be able to be extended retroactively -- a work's copyright life should be fixed at whatever the law specified when the work was created).
      --
      "Destroy science and religion. Science would re-emerge exactly the same; but not religion." - Penn Jillette, paraphrased
    68. Re:About time by bsane · · Score: 1

      I have up to 500 vinyl LPs and 500 CDs, not mentioning the singles, tapes,etc

      This brings up the question: If I own the vinyl LP is it within my fair use rights to download someone elses mp3s of the same album and use them?

      I was actually wondering because I am about to start converting my StarWars laser discs to DVD. Then I had the thought- I bet someone else has already done this, maybe I should just get a copy of that.

    69. Re:About time by zootread · · Score: 1

      I think he was speaking about public WLAN's that don't require logins. For a wireless network that doesn't require user authentication, its more difficult for them to track someone down. You simply get in range of the WLAN, do your dirty work, be it cracking systems or transferring warez, and then get out of there. Pretty convenient, no? I don't know how long this thing is going to last, but I assure you people will be exploiting wireless technologies for a while due to the difficulty in tracing someone (sure you can triangulate their location, but then you have to go and find them).

      --
      Zoot!
  2. Eh? by RaboKrabekian · · Score: 1

    So what are they going to do? Do some searches on Kazaa and find some users with big stashes and then....what? Oh of *course* these nice pirates registered with their real names and addresses, right? Right?

    This is just stupid. Going after big pirating syndicates is one thing, and I'm all for it. Going after Joe college kid with an 80 gig drive of mp3s and DivX is just useless. When does it end?

    --
    "Moderate drinking can help prevent amputated limbs" -- Abigail Zuger, NYTimes, 12/31/02
    1. Re:Eh? by Anonymous Coward · · Score: 0

      Even so, when I download with Kazaa, I move the music to another directory which is not shared with the P2P network. If they searched under me, they'd find 1 or 2 songs only.

    2. Re:Eh? by RaboKrabekian · · Score: 1

      Well, doesn't that mean that you're not really the target of this new directive anyway? It sounds like they're going for people who are *sharing* a lot of pirated music, not people who *have* a lot of pirated music.

      --
      "Moderate drinking can help prevent amputated limbs" -- Abigail Zuger, NYTimes, 12/31/02
    3. Re:Eh? by swaic · · Score: 3, Insightful


      The RIAA and the authorities will spend exorbitant amounts of money just to find and prosecute one or two people. The hope is that after they make 'an example' out of one person, they can say, "See? We can find you and prosecute you." It's solely for deterrent value, because they're clutching at straws now. Leave the problem alone and it will only get worse. Try a solution, no matter how asinine, and it just may pay off. At least that's what I think. Someone enlighten me.

    4. Re:Eh? by Anonymous Coward · · Score: 0

      If everyone did this, there would be nothing left to download.

    5. Re:Eh? by srand · · Score: 1

      Since Kazaa is based on the gnutella protocol and is carried out over a TCP/IP - they can find your IP address and contact your ISP to get your identity (assuming the ISP agrees and doesn't tell them to go to hell). It's easy to find out who is sharing what.

    6. Re:Eh? by dossen · · Score: 1

      Nope, wrong guess, KaZaa is a FastTrack client.

  3. Going after users/file sharing by TheGreenLantern · · Score: 1

    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

    If anyone can show me any hard evidence that suggests more than 1% of users of P2P software(s) use it for anything other than getting music/movies/software for free, I'd agree with that statement.

    --

    It hurts when I pee.
    1. Re:Going after users/file sharing by InnereNacht · · Score: 3, Insightful

      The only problem that I can see is that a lot of independent musicians, artists, and whomever else use some of these file sharing programs purposely to get their music out and about in the market. They can't afford the gigantic charges of advertising and can't contend with the other paying bands who get their stuff on the air.

      Theres a TON more out on these networks than just illegal files, but I do agree with you that the majority is such (and it's unfortunate).

    2. Re:Going after users/file sharing by glitchvern · · Score: 1

      If the people who use it to get music/movies/software for free had been gone after in the first place it would be much more than 1% and would be used as a place to find things the copyright holder allowed to be copied. Unsigned artist, indie movies, and such.

    3. Re:Going after users/file sharing by Rydia · · Score: 4, Insightful

      Use of object has absolutely nothing to do with the legality of that object. If it did, scissors would be illegal because you could kill someone with 'em. Rather stupid, I know, but I'd rather not see P2P die out because it's being used for piracy NOW and the system itself is found illegal rather then down the road when networks like these might actually be productive.

    4. Re:Going after users/file sharing by AnalogBoy · · Score: 2

      Your giving people credit for that 1% thing... well, okay, maybe porn.. but most of that sucks, as most are duplicates.. err, i've heard, at least.

      on another topic.. The first two posts in this article have sigs that mention pee. im scared.

    5. Re:Going after users/file sharing by shepd · · Score: 2

      >If anyone can show me any hard evidence that suggests more than 1% of users of P2P software(s) use it for anything other than getting music/movies/software for free

      And that's illegal now?

      I'd better nuke all my Linux CDRs right away! :-)

      --
      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
    6. Re:Going after users/file sharing by Anonymous Coward · · Score: 0
      If anyone can show me any hard evidence that suggests more than 1% of users of P2P software(s) use it for anything other than getting music/movies/software for free, I'd agree with that statement.
      Times have changed. Thanks to increasing usage of MD5 (which gives a file a unique number - so you can tell if it has been altered), P2P has become an easy way to mirror software, and without any fear of viruses.
    7. Re:Going after users/file sharing by Alkaiser · · Score: 2

      Dude...porn ALONE makes for well over half of the stuff on P2P. I don't have any idea of how much of it is "illegal", but you never hear the Porn Industry whining about how people are "getting off" scot free.

      But seriously...look for any popular song by title out there with the filtering off...you're guaranteed to find porn in the search.

      --
      Netjak.com independent reviews of domestic & import video ga
    8. Re:Going after users/file sharing by aronc · · Score: 3, Insightful

      Show me proof that more than 1% of assault rifles are used for something other than harming/killing people.

      That argument doesn't fly with our government when peoples LIVES are at stake, why the hell should it when only some sleazy corps profits are?

      --

      jello.
      aka aron.
    9. Re:Going after users/file sharing by big_hairy_mama · · Score: 1

      I'll bet that *way* more than 1% of shared files are Porn...

    10. Re:Going after users/file sharing by Steve+Franklin · · Score: 1

      Now just say it outloud along with me so you'll remember it: MO-NAH'-PO-LEE, MO-NAH'-PO-LEE. ;o)

      When will it end? When folks get around to voting the reprobates who allow this crap out of office. Or is it too late for that? Did somebody already crown George III? Oh, well, Brutus.

      --
      Hic iacet Arthurus, rex quondam rexque futurus.
    11. Re:Going after users/file sharing by Jaysyn · · Score: 1

      I don't know, it's a great place to get (legal) Unreal Tournament Mods & Maps with out having to wade thru a bunch of Websites.

      That's at least one legal use.

      Jaysyn

      --
      There is a war going on for your mind.
    12. Re:Going after users/file sharing by Jaysyn · · Score: 1

      Heh, mine are used mainly for decoration & deterrence.

      Jaysyn

      --
      There is a war going on for your mind.
    13. Re:Going after users/file sharing by TheGreenLantern · · Score: 2

      They probably would be illegal, if 99% of them were used to kill someone.

      --

      It hurts when I pee.
    14. Re:Going after users/file sharing by larry+bagina · · Score: 1

      Really? I keep looking for vanna white pics, but all I can find is that damn Weird Al song!

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    15. Re:Going after users/file sharing by Anonymous Coward · · Score: 0
      1. Assault rifles aren't legal
      2. Guns protect our freedoms, from criminals, overreaching gov't (but I repeat myself), and foreign threats.
      3. My copy of the constitution doesn't contain an amendment, "The rights of the people to leech shall not be infringed"
    16. Re:Going after users/file sharing by FunkSoulBrother · · Score: 1

      I'll bet that way more than 99% of said shared porn is copyrighted.

    17. Re:Going after users/file sharing by FunkSoulBrother · · Score: 1

      Dude...porn ALONE makes for well over half of the stuff on P2P. I don't have any idea of how much of it is "illegal", but you never hear the Porn Industry whining about how people are "getting off" scot free.

      Thats cause they have enough of a customer bas at this point in time that they don't feel threatened. Teenagers were a huge source of revenue for the RIAA and a big chunk has been eaten out of those profits. Teenagers, while they like porn, were not really cash cows for the sex industry.

    18. Re:Going after users/file sharing by antirename · · Score: 1

      I've actually never shot anyone, shot at anyone, or even pointed mine at anyone. 99% of legally owned "assault rifles" (I'm assuming you're referring to military-style semi-autos) are never fired in anger. Yes, they were designed for that, but that's not how they're used. I think you have a poor analogy here. On the other hand, don't kick my door in the middle of the night with a gun in your hand and I won't have to help change those stastics. Although I'd use a shotgun; it's more efficient.

    19. Re:Going after users/file sharing by Stonehand · · Score: 2

      They're mostly used as collector's items and for target shooting, fool. In case you haven't noticed, they appear in a TINY amount of crime compared to semiautomatic handguns and revolvers -- partly due to cost and rarity, partly because rifles _get attention_ which isn't usually in the interests of a thug. You can't walk around with a rifle, lurking and hoping to rob people, nearly as easily; and for that sort of crime, a knife or small handgun is harder to parry, far easier to conceal, and just as intimidating.

      Oh, and few people are allowed to have them, anyway -- using the traditional definition of an automatic rifle, and not just semi-automatic lookalikes like AR15s (and even semis are restricted wrt magazine size, et al).

      --
      Only the dead have seen the end of war.
    20. Re:Going after users/file sharing by Anonymous Coward · · Score: 0

      I have been using kazaa lite for a month now. I still haven't downloaded a copywritten movie, music, or software. (Frankly, I wouldn't trust the software not to be virus loaded.)

      Of course, if you want to talk about pr0n, that's a different story. Lotsa that.

    21. Re:Going after users/file sharing by Anonymous Coward · · Score: 1, Informative
      you never hear the porn industry whining... You sure as hell do!

      Mostly Playboy and Penthouse filing suits against people who regularly post half their back-catalog (and probably the other smaller pornographers just send Cousin Vinny over with a sledgehammer). But yeah, most pr0n industry types understand that this ain't gonna kill them off or really crimp their revenue stream. The value they offer isn't so much in the material itself, but in ad/spam free collections, live chats, requests, rare/uncommon archives, complete sets, constant availability, etc etc. None of those are available from "free" pr0n sites or usenet.

      Then, for better or worse, there's little way for users to tell who is a legitimate poster of pr0n and who isn't, so it's basically finders-keepers on that score. But if you don't have explicit permission (no pun intended) to share pr0n, don't. You will be engaging in unauthorized duplication.

    22. Re:Going after users/file sharing by Stonehand · · Score: 2

      And on "military-style sem-autos", militaries generally use full-autos (or burst-capable weapons, if not full-autos), not semi-automatics that LOOK like full-autos.

      'course, I've seen "journalists" mumble on about semis while in the background there are people shooting fully-autos, so never ever count on the media to get it right...

      *style* my ass. Oooh, it /looks/ like an M-16, that means it's just as deadly, right? Sheesh. Clueless legislators and so-called journalists.

      --
      Only the dead have seen the end of war.
    23. Re:Going after users/file sharing by Anonymous Coward · · Score: 0

      You keep a shotgun in your nightstand?

    24. Re:Going after users/file sharing by Anonymous Coward · · Score: 0

      Then why is 90% of the stuff "hot teen action?"

    25. Re:Going after users/file sharing by Anonymous Coward · · Score: 0

      Actually I got most of my porn between the ages of 13 and 17

    26. Re:Going after users/file sharing by spitzak · · Score: 2

      I'm certainly not an NRA member, but even I would admit that only a small fraction of guns are used to harm/kill (or even threaten) people.

    27. Re:Going after users/file sharing by FunkSoulBrother · · Score: 1

      not real teens.

    28. Re:Going after users/file sharing by Eminor · · Score: 1

      They probably would be illegal, if 99% of them were used to kill someone.

      They still sell hand guns down there don't they?

    29. Re:Going after users/file sharing by Anonymous Coward · · Score: 0

      "That argument doesn't fly with our government when peoples LIVES are at stake, why the hell should it when only some sleazy corps profits are?"

      Because peoples LIVES are not as important as
      corporate profits.
      Case in point the present war to secure the US
      rights to Afghan oil pipelines for US corporations.

    30. Re:Going after users/file sharing by mesocyclone · · Score: 2

      Err... my assault rifles have never been used for harming people. I am sure you will get a number of replies like this.

      Sigh... I just realized I am responding to an idiotic troll.

      Mod the asshole down for bringing up the gun issue.

      --

      The only good weather is bad weather.

  4. what do you mean big fish? by Jacer · · Score: 1

    i have over 5,000 mp3s, just because i have that many doesn't mean they're illegal though, are they going to search the P2P networks, and track people down, then audit them for no reason, what's to say i don't own all of my music and have a nice digital copy to avoid cd swaping? this is bunk...i don't share my mp3 directory, because it's illegal, however, as previously mentioned, many people share their entire drive unknowingly.....i think they're overstepping the fair use boundries, i also thought putting the annoying clicks in the cd was overstepping, it's great to see we have a politician fighting for us

    --
    --fetch daddy's blue fright wig, i must be handsome when i release my rage
    1. Re:what do you mean big fish? by Anonymous Coward · · Score: 0

      Once you are served with a lawsuit, go to the local used CD store, buy all the CD's you have MP3's for. Show them to the court as proof that they are indeed yours. Blame Kazaa for sharing the wrong directory. Keep looking stupid. Finally, rent the physical CD collection to their next target.

      YMMV, IANAL & IANAC

  5. Can we quietly suggest the RIAA as new terrorist t by Anonymous Coward · · Score: 0



    Or maybe plant a wooden aircraft gun on top of their headquarters?

  6. well now... by SGDarkKnight · · Score: 2

    the article says that they are going after "for profit" orginazations. What if the so-called orginazation doesn't ask for money, just a donation... wouldn't that put a crimp in their court case. After all, a big business charging for music they don't have a right to sell is just asking to be caught and have a big fine slapped on them...

    --

    ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    1. Re:well now... by linzeal · · Score: 1

      Check outSharereactor it's like a shopping mall and they accept donations.

    2. Re:well now... by SGDarkKnight · · Score: 1

      My point exactly, if you ask for a donation, then your not selling anything... just asking people to send you money...

      --

      ...A no smoking section in a restaurant is like having a no peeing section in a swimming pool...
    3. Re:well now... by ImaLamer · · Score: 3, Insightful

      I believe piracy-for-profit is evil.

      Trading mp3's or copying millions of albums where no one profits... that it is okay.

      Because that is where theft comes into play. That _is_ money that could go to the RIAA's pit-o-cash.

    4. Re:well now... by antirename · · Score: 1

      The same pit-o-cash they dip into when they need to hire a lawyer to sue your ass of for file sharing, or a different pit-o-cash?

    5. Re:well now... by megazone27 · · Score: 2, Interesting

      I tried to add to the RIAA's pot-of-cash by signing up for the two services listed in the article. One is just selling their service to AOL and RealONE. The other will not subscribe anyone but Americans. I tried, they don't have an alternative. I'm going back to downloading files.

    6. Re:well now... by DreamingReal · · Score: 2
      Because that is where theft comes into play. That _is_ money that could go to the RIAA's pit-o-cash.

      Sorry pal. I call bullshit. I don't think the 16-year-old with 4,000 MP3s on his two 100GB hard drives would have bought every single one of the those CDs.

      Don't fall for the RIAA's propaganda - DL'ed MP3 != Lost Sale

      --
      We want some answers and all that we get
      Some kind of shit about a terrorist threat

      - Ministry
    7. Re:well now... by Mad+Bad+Rabbit · · Score: 1

      > Sorry pal. I call bullshit. I don't think the 16-year-old
      > with 4,000 MP3s on his two 100GB hard drives would have
      > bought every single one of the those CDs.

      No, but we both know they (actually the parents or whoever
      gives them money) would've ended up buying *some* of those
      CDs, if there wasn't the option of evading payment.

      True, a 16-year-old can't afford to buy 1000 CDs a year,
      but they can probably manage 10 or so a year. So that's
      at least $150 bucks in actual lost sales.

      > Don't fall for the RIAA's propaganda -
      > DL'ed MP3 != Lost Sale

      Face it, copying CDs = getting stuff without paying for it.
      It's no different than jumping the subway turnstile, or
      sneaking into a movie theater without buying a ticket.

      --
      >;k
    8. Re:well now... by Kierthos · · Score: 1

      Yeah, but even with inflated CD prices, that does not equal a loss of $150 to the RIAA or the recording labels. First, there is the percentage that the store you're buying it at gets. They have to get a small amount at least, otherwise, why would they waste valuable space in the store on that item when they could put something else there?

      Then there is a cut for whatever business got the album to the store. Depending on the store (if it's a large chain or not), it might be a licensed distributor of the label, or it might not.

      There's also a nominal cut for the artist.

      And taxes on the CDs go to the appropriate government agencies to waste on things like $400 toilet seats.

      The label gets the lion's share of it, of course, but it's by no means the entire amount.

      Sure, it might equal lost sales, but from my POV, if the record labels represented by the RIAA can't do anything but churn out the crap that they have been, they deserve to lose record sales.

      Now, if you'll excuse me, I have to out and legitimately buy the one CD I've shown any interest in getting, and that was only through hearing an mp3 of one of the songs.

      Kierthos

      --
      Mr. Hu is not a ninja.
    9. Re:well now... by Anonymous Coward · · Score: 0

      Unfortunately though, rather than reducing the amount of theft, you've just added retail employees, performers, and the government to the list of people who this hypothetical person is ripping off by 'sharing'.

    10. Re:well now... by ImaLamer · · Score: 2

      No, i misphrased that .... it was supposed to describe the for-profit-piracy

  7. Gaaah! FUD from hell by drew_kime · · Score: 4, Informative

    Instead, the industry has focused on lawsuits against for-profit piracy outfits

    I expect this from MSNBC, but this is a WSJ article.

    --
    Nope, no sig
  8. Big Fish, eh? by The_Shadows · · Score: 2, Funny

    Of course, you'll need to be a big fish with lots of illegal music to get their attention."

    That's good news for all of us humans out here, but what about our aquatic File-swapping friends? Unite with our fishy friends and protect their rights to music!

    1. Re:Big Fish, eh? by Cacophony · · Score: 1

      I would, but, I just can't stand listening to them muffled underwater recordings :-)

    2. Re:Big Fish, eh? by MullerMn · · Score: 1

      That's good news for all of us humans out here, but what about our aquatic File-swapping friends? Unite with our fishy friends and protect their rights to music!

      First they came for the fish, but I did not speak out.
      Because I was not a file-swapping fish.
      Then they came for the DeCSS hoarding antelope...

      --
      Andy

    3. Re:Big Fish, eh? by DChristensen · · Score: 1


      You'll need a REEL BIG FISH.

      <ducking...>

      --

      --
      Mac OS X--Unix without the assholes^Whassles.

  9. Shutting the stable door after the horse bolted... by Prong_Thunder · · Score: 1

    I don't honestly believe it'll be easy (possible, even?) to *prove in court* that anyone has caused copyright violations using p2p software. This is just more FUD from the turd manufacturers.

  10. Advantage of Gnutella by hatter3bdev · · Score: 5, Informative

    One of the things people have been claiming to be a disadvantage to gnutella is now showing itself as an advantage. People cannot browse your file lists in gnutella and thus cannot see how many illegal files you are swapping. They only learn of what files you have when they do a specific search for them.

    1. Re:Advantage of Gnutella by praksys · · Score: 2, Informative

      In gtk-gnutella (and I suppose others) you can also limit the number of search results that will be returned. Pick a low number and you should have no trouble.

    2. Re:Advantage of Gnutella by ian+stevens · · Score: 4, Insightful

      As I understand the Gnutella protocol, this is possibly although none of the present clients have such a feature. When Gnutella first came out I toyed with the idea of building a Python-based client which allowed you to limit searches to one host. I might be wrong, but this is how it would be done, assuming your target host has given all their MP3 files a ".mp3" extension:

      • Find the IP address for the host you wish to search. Connect to the host.
      • Issue a search request to that host (and no other hosts) for "mp3" and set the TTL remaining to 1, or possibly 0.
      • The search request will not be passed on to other hosts as the TTL will expire. The results which will be returned will only exist on the queried host.

      If this is true, and if it isn't then no doubt someone will correct me, then I am surprised why nobody has implemented this feature.

      ian.

      --
      ian
    3. Re:Advantage of Gnutella by MadAhab · · Score: 5, Informative
      I thought that the protocol allows for getting full listings, but that the clients, in general, do not. Gnutella is now at an advantage in that it really is really distributed. People who run big OpenNap nodes might find themselves getting nastygrams.

      On the other hand, Hilary Rosen is a gigantic fucking stupid neanderthal cunt who should be shot into outer space naked.

      If I were a label musician, well, first off I'd be completely fucked having sold my career to the mafia, but second, I'd be wondering why an organization that I subsidize "for my protection" is spending my money to stop people from hearing about my music.

      I haven't bought a single CD in the past two years unless I previewed songs via mp3. I buy far more CDs than the average person. Copyright infringement has made me spend more money, not less, on the CDs I want to own. It's also completely eliminated purchases I'm not satisfied with and made me a happier customer.

      It's also let me buy music I never would have known about otherwise, because the music industry does such a shitty job of letting people know about its artists. Imagine a bookstore that had the best-seller list in display cases, the vast majority of their inventory in a back room where you can't see it or know what's there, and no ability to browse whatsoever (though you can listen to someone read chapters aloud in between endless advertisements). You have just imagined the current operation of the music industry and their partners in crime, the playlist managers. And you've just seen how phenomenally fucking stupidly the music industry is behaving; someone has set up a lending library around the corner and they are trying to shut it down on the theory that one person bought it and others are enjoying it for free (the CARP fees for webcasting are an offer to take $1 from the library each time a book is loaned (for free)). Don't tell me that getting mp3s and burning CDs from it is stealing unless you want to get smacked; it's like going to the library and photocopying a book; you aren't likely to do it to save money, because if you could just buy the damn thing it would be much quicker and easier and possibly even cheaper and definitely better than making a copy. ($20 CDs kinda fuck up that equation, but I don't recall the part of copyright law that says you can raise prices indefinitely without consequence)

      If the RIAA really went after individuals, they'd be shooting their best customers and their best new promotional vehicle since radio. Really smart!

      --
      Expanding a vast wasteland since 1996.
    4. Re:Advantage of Gnutella by Vellmont · · Score: 1

      Actually you're wrong. Bearshare has the ability to list the files you're sharing via a built in web-server. I don't know if other gnutella clients allow this ability.

      --
      AccountKiller
    5. Re:Advantage of Gnutella by Paracelcus · · Score: 0

      Rah!

      I'm an old fart, and since I can't stand anything I can find in record stores, I download everything.

      --
      I killed da wabbit -Elmer Fudd
    6. Re:Advantage of Gnutella by madmancarman · · Score: 2
      One of the things people have been claiming to be a disadvantage to gnutella is now showing itself as an advantage. People cannot browse your file lists in gnutella and thus cannot see how many illegal files you are swapping. They only learn of what files you have when they do a specific search for them.

      LimeWire, a gnutella client, has allowed users to browse a person's shared directory in the past, but it doesn't seem to work if you're behind a firewall.

      Besides, it's possible that they (the RIAA) could write or modify their own gnutella client that searches for all of the songs to appear on the Billboard Top 40 in the past five years and keep track of the IP addresses returned. If one particular IP address is sharing more than some magic number of those songs (100? 1000? 10000?), the red flag goes up and the ISP is notified.

      However, I'm wondering what they're going to do in cases where individuals are at a university or organization behind a firewall, or even those individuals behind their own firewalls at home (like a LinkSys Cable Router). If my girlfriend is sharing mp3s using LimeWire on her computer, am I going to get sued because the cable service is in my name? How are they going to know it was her and not me? I just don't see how they can hope to pull this off besides sending cease & desist orders to everyone on every high-speed internet service in the U.S. or by suing people with the expectation that they'll just want to settle out of court because they can't fight the music industry.

      And one last question - why are they spending all this time and money on plans to sue individuals when they should have had working, legitimate online music services years ago? If consumers could download any song they like for $.50 each and know that they were getting a good-quality encoding, there wouldn't be as much of a need to go after individual mp3 swappers. Yes, there will always be individuals who will trade mp3s and software for free, but I can think of a number of people (especially in my parents' generation who are just getting into the internet and high-speed access) who would legitimately pay for music if those services were available.

      First they ignore you, then they laugh at you, then they fight you, then you win. -- Gandhi

      --
      First they ignore you, then they laugh at you, then they fight you, then you win. -- Gandhi
    7. Re:Advantage of Gnutella by big_hairy_mama · · Score: 2

      Unfortunately, with the "Limit Search Results" option set to some low number on all the clients I've seen, this wouldn't help much. Not to mention that it only works for un-firewalled hosts.

      I do know that BearShare has implemented a web server where you can connect and see a web page with a list of available files on that host. But, again, it doesn't work through firewalls and it is disabled by default.

    8. Re:Advantage of Gnutella by anthony_dipierro · · Score: 3, Insightful

      They only learn of what files you have when they do a specific search for them.

      Presumably record companies will only be suing over songs they actually own the copyright to anyway, so I don't see how this is any advantage.

    9. Re:Advantage of Gnutella by Anonymous Coward · · Score: 1, Interesting

      Limewire, as well as some other clients, have a "ignore 'obvious' searches" feature in which they refuse to return results for overly broad categories-- for example, if you start a search for "e", these clients will just ignore that.

      I *IMAGINE* that they would treat "mp3" similarly, but maybe that didn't just occur to them.

    10. Re:Advantage of Gnutella by Manwe's+Herald · · Score: 1

      It's not implementable because most gnutella client will refuse direct connection if they already have their maximum number of connection.

    11. Re:Advantage of Gnutella by Bobo_The_Boinger · · Score: 0

      Besides, it's possible that they (the RIAA) could write or modify their own gnutella client that searches for all of the songs to appear on the Billboard Top 40 in the past five years and keep track of the IP addresses returned. If one particular IP address is sharing more than some magic number of those songs (100? 1000? 10000?), the red flag goes up and the ISP is notified.

      Man, I was worried for a second! Glad I only listen to quality songs and none of the "top" 40 crap that most people allow themselves to be goaded into listening to! :)

      Really though, I think that the big strength of p2p networks is the ability to get songs that it is almost impossible to get otherwise. I mean, try to find someplace you can get some obscure TV theme that you loved from your youth. Someone on a p2p network probably has it somewhere, as compared to going to your local CD store.

      The real problem is the extension on copyright. If copyright expired after a reasonable amount of time (say one year after the work ceases to be available for sale, after the original authors death, or 20 years after creation, whichever comes first), then I think most people would be happy. There will always be some people who will try to steal, but I believe that vast majority of people want to be good citizens.

      --
      --David
    12. Re:Advantage of Gnutella by g1zmo · · Score: 1

      As I understand the TCP/IP protocol, under your scheme the packets would never reach your intended destination.

      Correct me if I'm wrong, but I believe the TTL is decremented at each router hop between the source address and the destination address. I would think it would be unlikely that there would only be one hop between you and a given user on the Gnutella network.

      Don't flame me if I'm wrong, but please do correct me if I need it.

      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    13. Re:Advantage of Gnutella by thechuckbenz · · Score: 1
      ...I believe the TTL is decremented at each router hop...

      The Gnutella TTL may be distinct from the IP TTL, can anyone report on whether that is so ?

      If so, then just the IP TTL is decremented at each hop.

    14. Re:Advantage of Gnutella by Prophecyss · · Score: 1

      Actually with Kazaa there's a button that says "Find more from this user" so they can just see how many files you have by doing that.

    15. Re:Advantage of Gnutella by Anonymous Coward · · Score: 0

      And one last question - why are they spending all this time and money on plans to sue individuals when they should have had working, legitimate online music services years ago? If consumers could download any song they like for $.50 each and know that they were getting a good-quality encoding, there wouldn't be as much of a need to go after individual mp3 swappers.

      I'd say this is one of the better ideas I've heard. I've downloaded mp3s before, and most of them are poor quality. It takes hours just to listen to them all and get rid of the ones with bad quality (not to mention downloading multiple mp3s of the same song for this very reason).

    16. Re:Advantage of Gnutella by Leonel · · Score: 1

      The gnutella TTL is decremented at each servant is passes.
      Some more info here:

      http://www.limewire.com/index.jsp/developer

    17. Re:Advantage of Gnutella by lactose99 · · Score: 2

      If the RIAA really went after individuals, they'd be shooting their best customers and their best new promotional vehicle since radio. Really smart!

      They already killed their best new promotional vheicle since radio when they proposed their CARP rates for webcasting (which the LOC cut in half and are STILL way way too much). I really wouldn't put it past them to blow off their other foot as well.

      --
      Fully licensed blockchain psychiatrist
    18. Re:Advantage of Gnutella by mrm677 · · Score: 2

      WinMX allows me to browse another user's archive. Unless I'm mistaken, I believe that WinMX is Gnutella based??

    19. Re:Advantage of Gnutella by Shadarr · · Score: 4, Funny

      If you're using Gnutella, you're protected by the fact that nobody can successfully download any of the files you have "shared". This makes the search results more like a web page listing the CD's you own, and thus you aren't actually distributing copywrite material. Kazaa has no such protection.

    20. Re:Advantage of Gnutella by alizard · · Score: 5, Insightful
      s. And you've just seen how phenomenally fucking stupidly the music industry is behaving; someone has set up a lending library around the corner and they are trying to shut it down on the theory that one person bought it and others are enjoying it for free

      No, the idea is to prevent end users from getting exposed to musicians who don't have contracts with RIAA labels.

      That's the reality underlying "concerns about piracy" and artists being enlisted behind industry propaganda and payola, why LP FM radio has been given so much trouble, etc. and why Internet Radio is being shut down in the US.

      The RIAA wants a situation where an artist who wants to make a living in music must be signed to an RIAA label. An artist who sells music otherwise isn't contributing towards the lifestyles of the suits at record companies. The RIAA suits consider this immoral and where possible, something to be made illegal.

      I'm sure that the record industry knows that the P2P networks can be quite reasonably seen as a group of individuals promoting music for RIAA companies and artists at their own expense. This isn't what they have problems with.

      The problem is that since the RIAA has no control over these channels, there's no way to prevent them from presenting the music of musicians not signed to RIAA labels.

    21. Re:Advantage of Gnutella by elemental23 · · Score: 2

      If my girlfriend is sharing mp3s using LimeWire on her computer, am I going to get sued because the cable service is in my name? How are they going to know it was her and not me?

      They won't know and they don't care. Ultimately, you're responsible for what happens with your internet account, be it the dial-up account you gave someone the password to or the cable modem you let someone else use. Just like someone who leaves their WAP open to the public is going to find their account terminated if someone spams through it (and quite rightly, I might add), you can be sued by the RIAA if your cable modem is used to swap .mp3s without permission (setting aside the moral argument of whether or not they should be suing you for it).

      Are you going to try to pass the buck onto your girlfriend if you get sued?

      --
      I like my women like my coffee... pale and bitter.
    22. Re:Advantage of Gnutella by ralphbecket · · Score: 1

      Er, if you do buy CDs from the bands you like the sound of, why do you have any illegal MP3s in your collection at all? Do you just like accumulating music you don't want?

      I suspect it's making collections without ultimately paying for the material that has the RIAA upset. And I don't blame 'em: like it or not, some people (e.g. computer programmers and musicians) make their living out if IP and if you don't reimburse them for what you take then you are stealing from them.

    23. Re:Advantage of Gnutella by Courageous · · Score: 2

      If my girlfriend is sharing mp3s using LimeWire on her computer, am I going to get sued because the cable service is in my name?

      Yes you will, and yes you are fucked. If you testify in a lawsuit against yourself that it wasn't you and that it was your girlfriend, they can sue your girlfriend, and the testimony from the first case will most certainly be used against her. You won't be able to show up and change your story, either. That's against some fairly long standing legal traditions, dontcha know...

      C//

    24. Re:Advantage of Gnutella by gusnz · · Score: 2

      Not quite correct. Many clients such as BearShare (at least, last I tried it, I find the open-source Gnucleus far superior) support "gnutella websites".

      That is, you can visit the IP address of the host in question in a web browser, and if they have the option configured, you are handed a nice HTMLified list of all shared files sorted alphabetically.

      One thinks the xxAA and similar organisations could find a use for this... it shouldn't be too dissimilar to their successful legals pursuit of AudioGalaxy/MP3Board and other similar web-based-MP3-linking sites.

    25. Re:Advantage of Gnutella by madmancarman · · Score: 2
      Ultimately, you're responsible for what happens with your internet account, be it the dial-up account you gave someone the password to or the cable modem you let someone else use. Just like someone who leaves their WAP open to the public is going to find their account terminated if someone spams through it (and quite rightly, I might add), you can be sued by the RIAA if your cable modem is used to swap .mp3s without permission (setting aside the moral argument of whether or not they should be suing you for it).

      Are you going to try to pass the buck onto your girlfriend if you get sued?

      I wasn't suggesting that, I was just thinking of larger firewalled networks where someone may be running a p2p client without the knowledge of the person paying the bill. For example, if there's a house full of college students sharing bills and a cable connection, who gets the lawsuit if Larry the geek leaves Morpheus running on his computer 24 hours a day? I just think that ambiguity might not stand up in court, unless it goes the direction mentioned by another poster who said one roommate's testimony will be used against another's.

      But maybe I'm missing the point - are they going to sue people for misusing their internet accounts, or are they going to sue people for having lots of illegal mp3s shared on their computers? The misuse of the account accusation sounds like it would involve significant involvement by your ISP.

      First they ignore you, then they laugh at you, then they fight you, then you win. -- Gandhi

      --
      First they ignore you, then they laugh at you, then they fight you, then you win. -- Gandhi
    26. Re:Advantage of Gnutella by psamuels · · Score: 1
      but I don't recall the part of copyright law that says you can raise prices indefinitely without consequence

      And you were doing so well up until that point. What part of copyright law do you recall? The part where the author / artist of a work has an absolute monopoly on the right to publish that work, allowing others to publish only small excerpts without explicit permission?

      Copyright law doesn't guarantee profits, but it does guarantee protection from competition for a "limited" time. People who break that law are, well, breaking the law.

      --
      "How can you claim that you are anti-crack, while still writing a window manager?" — Metacity README
    27. Re:Advantage of Gnutella by Anonymous Coward · · Score: 0

      That's why bearshear and limewire have a 'See what other files are on this hosts computer' button, eh?

    28. Re:Advantage of Gnutella by Anonymous Coward · · Score: 0

      Er, if you do buy CDs from the bands you like the sound of, why do you have any illegal MP3s in your collection at all? Do you just like accumulating music you don't want?

      To answer this question, I present the concept of

      *drum roll*

      the delete key.
      For the non-GUI users, I present your local OS equivalent of /bin/rm.

      Nothing the guy says implies that he keeps the mp3's he doesn't like... only that he knows which CD's to avoid buying.

      Now, if your point was that having the CD makes those MP3's legal... they weren't legal when he downloaded them.

      That's all, thank you.

    29. Re:Advantage of Gnutella by Anonymous Coward · · Score: 0

      >The Gnutella TTL may be distinct from the IP TTL, can anyone report on whether that is so ?

      That is definitely so. TTL in terms of Gnutella is contained within the payload of the packet, not within the TCP headers.

    30. Re:Advantage of Gnutella by xenocide2 · · Score: 1

      Yea, the Gnutella TTL is a distinct TTL. Essentially you're dealing with a network (gnutella) within a network (TCP/IP). This is important because otherwise searches would never end. Each search would go and new ones would add futher velocity to the system.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

    31. Re:Advantage of Gnutella by MadAhab · · Score: 2
      There's an old japanese folk tale where a guy lives upstairs from a seafood restaurant or something, but the point is that he gets the smell of the fish and it makes his plain rice taste better. The restaurant owner gets mad that he's getting something for nothing and takes this to the judge. The judge is a sort of Solomon figure, and he wisely decides that if he is enjoying the smell of fish, then he must pay - by giving the restaurant owner the sound of money. So he jingles a purse, and it's called even.

      The truth is that most of it, I already DO own, but it's easier - and less taxing on my hard drive - to download whatever songs I happen to find than to rip a whole disk. Plus it's more fun for playing random mixes, which is what I really like.

      But I have not bought a single CD that I have not heard in MP3 format first, either through streaming audio (god bless WFMU) or through "piracy". And if I don't like it enough to buy it, I'm not going to listen to it, either.

      Since I don't actually have the CDs, I'd be happy to pay the RIAA by jingling a few coins in my pocket and let them listen.

      Dumb fucking mafiosos. It's nothing to do with right and wrong, and everything to do with forcing all artists to go through them. You might think of them as the world's most corrupt union. If you really think it's about right and wrong in any way, I've got a bridge to sell you.

      --
      Expanding a vast wasteland since 1996.
    32. Re:Advantage of Gnutella by Anonymous Coward · · Score: 0
      Close: I'm a fart getting older, I can't stand anything I hear on the radio (never could), so I check out weird shit I've heard anywhere, plus other bands that are something like them (just like I always did), download MP3s (I used to just give up there, since I have limited funds to spend on music, and either buy stuff I'd taped from friends or heard a million times at their place (gee, should they have been paying royalties?), or else take a chance and half the time end up disappointed), decide what I like, and order records online, since I often can't find it in my local record store.

      Nice try, though. Thanks for playing. Better luck next time.

    33. Re:Advantage of Gnutella by Talla · · Score: 1

      They only learn of what files you have when they do a specific search for them.

      Just remember to set the minimum searchstring lenght a bit high (4 chars or more), and ignore searches for .(mp3|avi) and similar.

    34. Re:Advantage of Gnutella by cburley · · Score: 1
      Each search would go and new ones would add futher velocity to the system.

      You mean the more people search Gnutella, the faster it gets?

      Gimme some!!

      --
      Practice random senselessness and act kind of beautiful.
    35. Re:Advantage of Gnutella by xenocide2 · · Score: 1

      I mean the more searches the more bits are shuffled about per second.

      --
      I Browse at +4 Flamebait

      Open Source Sysadmin

  11. Time + Money = Not bloody likely! by decipher_saint · · Score: 5, Insightful

    "Filing suits against individual users is complicated. Entertainment companies frequently hire services that specialize in tracking copyrighted material online. But to get the name of an individual user, they have to send a subpoena to that person's Internet-service provider. Even for the ISP, linking the Internet address to a name can be complex. Moreover, it's hard to verify which person was logged on to an Internet connection at a given time."

    So in other words to find most individual users they will have to invest time+money, yeah this'll fly for an association thats primary concern is profit!!

    --
    crazy dynamite monkey
    1. Re:Time + Money = Not bloody likely! by Anonymous Coward · · Score: 0

      If an ISP keeps it's dialup Call Detail Records (CDRs) it is not difficult at all for an ISP to provide a User ID if served with a subpoena that gives the IP address, date, accurate time, and timezone. This assumes that the ISP's clocks are set accurately on their NAS's, but that is not difficult to do. Some ISPs archive their CDRs in databases which makes the task of researching CDRs very accurate, fast, and easy. One major reason that many ISPs do this is to find spammers - not necessarily for subpoena compliance. Some of the major records companies have a boilerplate letter that they send to ISPs reporting copyright violations by folks that were on dialups, which is very easy to respond to: "We are sorry, but we cannot find the server containing the files that you claim to have violated your copyright. Unless we are able to verify that the files exist on a server connected to our network we are unable to take any action."

  12. ahem by Anonymous Coward · · Score: 0
    Of course, you'll need to be a big fish with lots of illegal music to get their attention
    Don't count on it. They want to make examples of people - sharing 10 songs or 100 doesn't make a heck of alot of difference in legal terms.
  13. And if we all sue them? by magwm · · Score: 1

    I wonder, what happens when let's say 100.000 users sue the RIAA, all at once? being inventive and original, 'course...

    c'mon guys, let's do it!

    1. Re:And if we all sue them? by IndependentVik · · Score: 0

      I'd be all about slapping the RIAA cartel with a big, fat class action lawsuit. Only problem is, I'd have no idea what we'd sue them for. Inflicting the likes of Christina Aguilera on the world--ie, assualt with an ugly weapon?

      Anyway, if we could come up with a legitimate suit I'd be the first in line. The lawyers always end up being the ones winning out in class action suits, but this is one case where the defendants would be even more evil than the lawyers so I don't think I'd mind so much.

      --
      I'd suggest you don't use Slashdot as your only news source, or you will suffer permanent brain damage.
    2. Re:And if we all sue them? by Anonymous Coward · · Score: 0

      Sue them for price fixing, being more of a monopoly than MS, taking down p2p networks, etc... I'm sure we could find something.

    3. Re:And if we all sue them? by Anonymous Coward · · Score: 0

      I'm just wondering how they plan on sueing 95+ million people? There are a ton of people in the US that have mp3's, it would be like fining people thousands for smoking. The backlash would be huge.

    4. Re:And if we all sue them? by Anonymous Coward · · Score: 0

      DDOS thru legal system, brilliant!

  14. good by waspleg · · Score: 3, Interesting

    maybe they'll sue themselves out of business, lawyers ain't cheap and even if they bust half of the teens they prosecute they won't recoup their losses

    going after users doesn't work, ask the DEA

    stupid wars on freedom waste time and money, why not go the way of BMG and at least attempt to make a profit from it insted of trying to slow your demise.. death to teh riaa

    1. Re:good by Anonymous Coward · · Score: 0

      Yeah really. And besides, how much money do they expect to make off these kids anyway? It's not like they're big companies with millions of dollars. If anything they would just really fuck over the kid and his/her family, which will make the RIAA more hated than they are now.

      RIAA = fucked.

  15. Commentary is completely off. by MisterBlister · · Score: 5, Insightful
    The commentary above is completely off. Its not that the RIAA feels smug in their victory against the file sharing companies, its that they realize that none of these victories matter in the long term. Shut down one P2P service and 3 more pop up..

    This isn't about an industry that is feeling smug and self-assured...This is a LAST DITCH EFFORT to assert their right to exist. And in the long run, I don't think its going to work.

    RIP RIAA -- 2006

    1. Re:Commentary is completely off. by tandr · · Score: 3, Interesting

      I wish I have your assurance on this one. Remember not long time ago a article (news.com methinks) about woman fired over having some mp3 on her comp at work? This is where they gonna start, effectively forcing companies to ban fileswappin and mp3-listening @ work (lets not talk about company resources, working comp for work and all other related issues)

      This (I expect) will kill effectevely about 30 to 50% of possible users. Then, on much clean ground, they will sue couple ISPs and get them involved somehow. AND THIS IS IT. ISPs will fight rest of swappers to the end of contract. If file swapping will be reduced to 5-10% of current, It would be effectively "RIP Swapping -- 2006". And then, as you can imagine, they will come with "new, cost effective, legal" way to sell music over internet.

      Screw us ?

    2. Re:Commentary is completely off. by Scrameustache · · Score: 5, Insightful

      to assert their right to exist

      No, no one challenges their right to exist, what they are trying to protect is their "right" to impose an outdated buisness model on the public. They want complete control on the music, they want their oligopoly to be able to set extravagant prices on low quality products so they can keep getting their 8 digit salaries. And above all, they do not want to either 1-get with the times and adapt to new technology nor 2- give the public what they want.

      I used to buy a lot more CDs when I could sample them freely on napster. Now that they've shut it down and called me a thief, I'm boycotting them.

      I hope they go bankrupt...at least then N'sync will be forced to go back to being regular male strippers.

      --

      You can't take the sky from me...

    3. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      RIP RIAA -- 2006

      RIP MPAA -- 2600

    4. Re:Commentary is completely off. by scosol · · Score: 1

      > This is a LAST DITCH EFFORT to assert their right to exist.

      I don't think it is...
      In one of the many previous discussions ala RIAA VS p2p-
      It was mentioned that perhaps the RIAA *knows* beyond a shadow of a doubt that it is never going to stop p2p systems as they exist today, and is merely arming itself with "evidence"-

      Like "We tried suing the companies, it didn't work- then we tried suing the individual users, and that didn't work either- we've tried everything! And so you see- this is why law xyz(palladium?) *must* be passed- we've demonstrated that there is literally NO way to control this- other than a mandatory technical solution."

      Now is the time to *shudder*

      --
      I browse at +5 Flamebait- moderation for all or moderation for none.
    5. Re:Commentary is completely off. by warpSpeed · · Score: 2
      "RIP Swapping -- 2006"

      By 2006 I would expect that the real P2P software to start taking hold. This software is just not in real time, which has its dis/advantages but it can effectivly (in theory) do the same thing

      If the RIAA forces everyone to stop trading in the clear, most people will go under ground, and this project will be developed even faster.

      This is a true Spy vs. Spy scenario.

    6. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      This is a LAST DITCH EFFORT to assert their right to exist

      You know, that's funny, because i've been watching, and it honestly looks like the RIAA has been effected one whit by file sharing. I look at their profits from the last 10 years, and i see the RIAAs revenues rising and falling about evenly with the economy-- i.e., at times when the economy is such that people are likely to have lots of disposable income, the RIAA does well, and when the economy is not going that way, the RIAA does poorly. This has happened quite cleanly, the availablility or nonavailability of napster, audiogalaxy, etc, not seeming to make any impact on the RIAA's numbers.

      Please give me any reason to believe that if the RIAA fails utterly at destroying file-sharing, and the courts declare public directory services are free speech, and p2p is somehow returned to the glory days of napsterificness.. please give me any reason to believe that the RIAA would hurt as a result of that?

      And the answer isn't that mp3 is going to help non-RIAA bands promote themselves. I don't see independent music being able so far to pull off major coups by using mp3 to promote their albums directly to the people without having to go through the corporate-controlled media middlemen. And i work in independent music. Mp3 has helped immensely and been a big breath of fresh air. But outside the confines of "people who listen to wierd music", people who'd be seeking out this kind of shit anyway, it seems the music world has become more homogenous (we have the telco act of 1996 to thank for that one-- what hope can we place in mp3 if any benefits it gives to the music community are drowned out completely by a little bit of FM deregulation?)

      I think the only real mp3-related threat to the RIAA is net radio stations, because they have the potential to actively expose people to independent musical groups. The RIAA took care of that already.

      The RIAA believes that P2P will be the death of them. They are misguided. I find it funny that even those who want to see the RIAA middlemen thrown out often buy into the RIAA's silly beliefs on what filesharing means for the music industry.

      This is of course just my experience. Feel free to disagree.

    7. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      As a open source P2P developer, I'd have to agree. Killing the messenger isn't the answer - my company simply provides an ether that facilitates file sharing. Just because our ether makes it more convenient to share a file than the alternatives (ie the WWW, ftp, etc.), we shouldn't be singled out. Going after our users is the most effective legal recourse.

      Then again, I feel litigating against users will backfire against them after the huge consumer backlash.

    8. Re:Commentary is completely off. by diverman · · Score: 2, Interesting
      Amen! This is the follow-up I was gonna post if you hadn't already.

      And for those of you who may have forgotten about this... here's a great little speech made by Courtney Love about the RIAA.

      Interesting to reflect back at what was said two years ago, and how it still continues to be true.

      -Alex

    9. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      Right to exist? These companies have so much freaking money they could build houses out of stacks of it.

      p2p and mp3 are not causing music revenues to go down. Crap Music is causing revenues to go down. I haven't bought a CD in over a year, because there's nothing worth buying.

    10. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      What the RIAA is completely ignoring is the fact that digital information (and since all info can be digitized, _all_ info) is a fundamentally different "product" than gold, automobiles, and human time. Whereas the majority of the cost of the latter (gold, automobiles, time) _is_ distribution cost (ie the cost of getting it to the person - actual cost to the producer that needs to be recouped), the cost of distributing info is "virtually" nil.
      The current strategies of the RIAA are just to buy time, because we will always be able to trade CD's, MP3's, any kind of information. To restrict this would entail a huge restriction of our rights.
      A new business model is needed, and the RIAA realises that the new model will probably render them obsolete, along with most large labels.

      Moreover, the number of quandaries thrown up by the current system are innumberable, and the industry knows it. (We are all aware of the classic digital paradox: what about the person who can't afford a CD/would never have bought it in the first place, but d/l's it nonetheless because it is so inexpensive - where is the moral dilemma? This is fundamentally different from buying a stolen watch.)

      Economics is about the distribution of scarce resources: info has ceased to be scarce, and therefore cannot be modeled by economics unless it is artificially _made_ scarce - which would seriously infringe on basic rights. QED

      waverleo@hotmail.com

    11. Re:Commentary is completely off. by Clue4All · · Score: 2

      No, no one challenges their right to exist, what they are trying to protect is their "right" to impose an outdated buisness model on the public.

      Since when does blatant theft against a company constitute an outdated business model? If people started walking into Wal-Mart every day and taking things off the shelves and leaving (not that anyone would want to), does that make their business model outdated? Fuck no, it makes the people stealing thieves, and they'd put guards at the doors to protect their merchandise. The way people pass off piracy as a company having an "outdated business model" is completely ridiculous.

      --

      Is your browser retarded?
    12. Re:Commentary is completely off. by TRACK-YOUR-POSITION · · Score: 2

      If you could duplicate at no cost any product you saw on the shelf at Wal-Mart, then yes, that makes Wal-Mart's buisness model outdated. Universal matter duplication being not yet available to the public, Wal-Mart should be just fine.

    13. Re:Commentary is completely off. by khamelin · · Score: 1
      I'm thinking that the RIAA found a new expert to listen to. This move makes perfect sense given their earlier failed attempts to curtail swapping.

      They were successful in slapping down Napster, only to watch the tunes reappear under Morpheus, and then KaZaa (sorry, winbox here).

      This is far from a 'last ditch effort' - this is the RIAA working from experience. Target the largest of those who make these works accessible. Sue the crap out of them and move to the next largest of the group. Repeat as necessary.

      Winning the suit isn't necessary, the litigation should suffice. Who among the sharing community has the cash to mount a defense against the RIAA?

      -kevin.

    14. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      That's fucking weak, dude.

    15. Re:Commentary is completely off. by letxa2000 · · Score: 1
      If people started walking into Wal-Mart every day and taking things off the shelves and leaving (not that anyone would want to), does that make their business model outdated?

      It's not the same thing.

      If I could obtain what I wanted for free without even making a TRIP to Wal-Mart and, thus, stopped buying stuff there then, yes, Wal-Mart either has an outdated business model and has to figure out some other way to get me into the store. No-one is walking into record stores and walking away with CDs without paying. We just are getting what we want without even going there.

      Theft, piracy, and knock-offs, while often illegal, are facts of any business.

      Nike can only charge a certain amount before the public will spend 10% as much on a "knock-off" which is 90% as good.

      Microsoft can only charge so much before increasing piracy eats into profit.

      Whether or not you think knock-offs or piracy is acceptable, it's a part of the free-market. Not a legal part, just as monopolistic activity isn't legal--but it's a part of the market that must be factored into any business decision.

      A company selling a product that could be easily pirated or "mimicked" (like Nike shoes) targets their price to maximize profits--and that includes maximizing price while minimizing the "losses" to activities such as knock-offs or piracy. It must be assumed that the RIAA is maximizing their profits--including taking into account "piracy"--with the prices they have chosen. Otherwise, they would choose another price.

      "Piracy" can be thought of as an individual's response to a perceived abuse of the free market. It's not necesarrily legal, but it IS a response.

      It is often said that if you aren't happy with the price you just shouldn't buy the product--THAT's the free market in action. True, but just as the government occasionally has to take drastic measures to limit monopolistic abuse, an individual sometimes perceives a need to take drastic measures too. The goal of the RIAA should be to maximize profits while minimizing the perception of individuals that piracy is a reasonable response to what they perceive to be an abuse of the market.

      Further, the price which piracy eventually forces a company to sell their product at is the "natural" price that would have eventually been reached by the free market legally. Piracy just forces that price to be met sooner.

    16. Re:Commentary is completely off. by Trogre · · Score: 1

      All this is now relatively moot - the RIAA has little time left before they become irrelevant and they know it.

      Let's have a look at what they actually provide for artists:

      1. Studios/Recording equipment - Said equipment costs a lot less than in the past, all you really need these days is a room with egg cartons on the walls, some mics, mixers, and a PC with a better than average sound card. How long until these amateur studios regularly produce music rivalling professional outfits? It's already happened with a few chart toppers.

      2. Distribution channels - Getting music 'out there' used to require knowing the right people in the right places with the right evil secret handshakes, but now all it takes is a kid with a bit of web hosting space and bandwidth. Physically pressing CDs and shipping them to music stores is becoming less important. Sure CDs will be available on demand for those who want them, but I don't think it will be many. As it is, I very rarely listen to CDs per se - my entire music collection resides in ogg vorbis form on a networked hard drive at home, which I can listen to from any number of points in the house. (and yes, all the music is ripped from CDs that I have legitimatly purchased)

      I think artists should certainly be paid for their efforts, but don't know of a truly effective business model. The closest I can think of is charge $0.15 per song downloaded via a system like paypal, or a gratitude-based payment system such as, that site you make voluntary payments to artists if you appreciate their work, can't find the url.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    17. Re:Commentary is completely off. by themusicgod1 · · Score: 1

      the biggest threat there is that people will be afraid to connect to gnutella...and therefor wont...and then gnutella wont be a very powerful place to find music...

      however...there will ALWAYS be music pirate's...and whether there's one or a million is going to be the question...they can't stop us all, especially bootleg traders and the like. its' not only an integral part of the music industry, but also an integral part of the *indie* music industry...and they wouldnt stand for having no recording equipment...i for one wont.

      --
      GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
    18. Re:Commentary is completely off. by Anonymous Coward · · Score: 0

      ya, its just a perfect analogy, that's all.

  16. After suing 20,000 people... by SkyLeach · · Score: 3, Interesting

    their profits will be -$2,000,000,000 and they will claim it's "Due to piracy".

    The funny thing is, they'll be more correct than any of the other times they have made that statement. :-)

    --
    My $0.02 will always be worth more than your â0.02, so :-p
    1. Re:After suing 20,000 people... by SirSlud · · Score: 2

      I'm starting to wonder if the RIAA should just cut costs and stick to its core competancy - irony.

      --
      "Old man yells at systemd"
    2. Re:After suing 20,000 people... by Stavr0 · · Score: 4, Informative
      Yep. Classic Business Software Alliance warped logic: every pirated item = lost sales i.e. poor student with Gigs and Gigs of MP3 would have bought each and every one of those albums at the full price of $16.99. Riight.

      My $0.02 will always be worth more than your 0.02, so :P
      Um, not anymore...

    3. Re:After suing 20,000 people... by Anonymous Coward · · Score: 0

      Poor student with Gigs and Gigs of MP3 would have bought some albums. Obviously not every one he hoarded MP3s from like a little rat warez freek, but enough that their arguement holds water.

    4. Re:After suing 20,000 people... by Anonymous Coward · · Score: 0

      From your response, you are ignorant of their argument.

    5. Re:After suing 20,000 people... by Anonymous Coward · · Score: 0

      Further, if one simply does a correlatin analysis between GDP and Real Dollar record sales, one gets an R>.9 and if one estimates a linear relationship between income and real dollar record sales, one gets an elasticity greater than 1. What that tells you is slow economy=slow record sales. Further maybe people are sick of Britney spears and NYSNC?

      Yes I know its a simplistic analysis but what do you want in 5 min?

  17. just imagine the court docket by Patrick13 · · Score: 5, Funny

    "The United States versus KazaaLite User "SpankyPants27", AKA 64.123.25.14"

    --
    ::.. check out some Cell Phone Reviews
  18. In the case of... by wo1verin3 · · Score: 2

    In the case of the RIAA vs the inhabitants of the planet earth.....

    judge --> will the defendants please rise
    (defendants) --> Everyone rises
    judge --> HOLY SHIT RIAA ARE YOU INSANE?

    1. Re:In the case of... by Anonymous Coward · · Score: 0

      i agreee

  19. About Time!!! by Emugamer · · Score: 2

    Wow did someone hit RIAA with a Clue Stick? this is one of the first smart things they have done. This of course is assuming the following

    If they find someone who is sharing music that could only be there if it was pirated.

    That means you should only be under suspicion if you are sharing music that is not yet released (Eminem was a recent one that I heard of being out there well in advance). That's it. Otherwise who knows maybe some insane freak does buy every song on the top 100 list. There is no probable cause, no reason to sue.

    Just my $16.99 (My thoughts might have become easier to produce but marketing and branding still cost money)

    1. Re:About Time!!! by stickyc · · Score: 2, Interesting
      If they find someone who is sharing music that could only be there if it was pirated.

      I think the issue is that they're sharing the music, not whether they legally own it in the first place. Although if the user sharing the music also doesn't own it originally, that compounds things.

      I wonder if that would give the RIAA a legal footing to get a search warrant to find out if the user does in fact own the original CDs?

    2. Re:About Time!!! by Skidge · · Score: 3, Insightful

      That means you should only be under suspicion if you are sharing music that is not yet released (Eminem was a recent one that I heard of being out there well in advance). That's it. Otherwise who knows maybe some insane freak does buy every song on the top 100 list. There is no probable cause, no reason to sue.

      Buying the music doesn't give you the right to share it. So the insane freak still could get into trouble.

    3. Re:About Time!!! by Emugamer · · Score: 2

      IDNRTEULA (I did not read the end user license agreement) on any p2p software but just by allowing something to be downloaded or not restricting its access does that mean you are actively allowing shareing? Just curious

    4. Re:About Time!!! by Anonymous Coward · · Score: 1, Interesting

      Not always true. I have frequently dunpster dive in the L.A. Area and you can find all sorts of things, like music, that moron studio slaves just throw away. I have personally found DAT masters of artists like Prince that are perfectly good. I even use them to make loops for Acid.

    5. Re:About Time!!! by Anonymous Coward · · Score: 0

      I think they would say yes... I mean, the program might 'automatically' detect that it's in your shared directory... but you've put it there and run the program.

      It's sort of like ... I dunno (bad analogy time) offering to sell pirated CDs on the street. If you set up a stall with a bunch of the CDs but don't have any signs saying "CDs for sale", you're still liable for selling them.

  20. encrypt your harddisk by kyoko21 · · Score: 1

    Better to encrypting your harddrives and put some PGP on it so if you get busted they can't ask you for the keys to self incriminate :-)

    1. Re:encrypt your harddisk by AIM-9X · · Score: 1

      Actually, if you are hauled into court, the judge will demand that you turn over your keys/passwords. Failure to do so will get you slapped with contempt-of-court charges and a lengthy (open-ended?) stay in substandard government housing.

      --
      ***
      This is my Sig. This is my Glock, this is my Walther, and this is my Beretta.
      Any questions?
    2. Re:encrypt your harddisk by Anonymous Coward · · Score: 0

      Use "Rubberhose", a plausible deniability encryption system designed to defeat this.

    3. Re:encrypt your harddisk by Anonymous Coward · · Score: 0

      You have proof of this? Otherwise, this behavior would seem to violate the 5th Amendment. This is one of the reasons they are so gung-ho to have backdoors required in all security products-- so they won't need your help in cracking your files.

    4. Re:encrypt your harddisk by Anonymous Coward · · Score: 0

      what about off-shore proxy`s?

  21. Vulnerable and/or trackable?? by pmanheier · · Score: 0

    I like what the article had to say about the general public getting probably disgruntled over large corporations taking individuals to court. Making "examples" of only the large criminals is very debatable, and a waste of time in my mind.

    Through which of the following services is it actually possible to track a single user down to their ISP?

    1.Kazaa
    2.Bearshare
    3.Direct Connect

    Or is tracking users down actually possible in *gasp* all three?

    1. Re:Vulnerable and/or trackable?? by Isle · · Score: 1

      You can track to user on any sharing system that does not a have central proxy-server. I think this includes all of the above.

  22. Where is this illegal? by jmd! · · Score: 5, Interesting

    Say I own the "rights" to 500 songs. I bought the CD, tape, payed for an individual mp3 download, whatever.

    How is offering them over napster servers any more illegal then what a library does? If user X downloads them, and keeps them permanently, or sells them, or otherwise violates HIS local copyright statutes, I don't see how that's my fault for simplying for having /tunes shared out.

    1. Re:Where is this illegal? by Tarrek · · Score: 5, Insightful

      In my opinion, it's totally legal, though I'd like to see that stand up in court =P

      As per the Home Audio Recording Act of 1992 (If I remember correctly), you are allowed to make infinite copies of a copyrighted material that you own the rights to for personal use, and, in that case, personal use INCLUDED giving copies to friends, as long as it wasn't for profit.

      That's no different than Napster, if you ask me. I'm just giving copies to my friends, and I'm sure as hell not profitting from it.

    2. Re:Where is this illegal? by Ricofencer · · Score: 1

      If someone were to download a copy of a song that they didn't own, they may be profiting though. There was an exchange of goods. Now whether downloading a song that you had rights to would constitute an exchange is interesting. The good being exchanged would be the actual ripping and encoding of the song. Perhaps that could be a violation. It may be that I have a CD and I have the right to make unlimited copies of the CD that I own. If I download a copy that someone else has made. I am not necessarily exercising my right, but piggybacking on someone else's exercise of those free use rights. There may be a distinction.

    3. Re:Where is this illegal? by Marley · · Score: 1

      You're forgetting the fact that with a Library only 1 person can check out and view that book at the same time. If that were the case with music, then there wouldn't be an issue. It's the fact that literally thousands of people and download and use the same song for the same source.

    4. Re:Where is this illegal? by knobbie · · Score: 1

      Not that I'm the biggest fan of the RIAA or anything, but I've seen enough FBI warnings at the beginning of movies to know that "unauthorized distribution" is just as illegal as "unauthorized reproduction". While backing up your files falls under fair-use, i don't know if distributing those files (even for free) enjoys the same protection.

    5. Re:Where is this illegal? by anthony_dipierro · · Score: 2

      Only if you use AHRA material. If your mp3 collection is stored on Audio CD-R (for which a portion of the sale price goes to the RIAA), then you're legal. Otherwise, you're not.

    6. Re:Where is this illegal? by anthony_dipierro · · Score: 3, Insightful

      How is offering them over napster servers any more illegal then what a library does?

      Libraries distribute, napster sharers copy and distribute.

    7. Re:Where is this illegal? by r_barchetta · · Score: 5, Informative


      From your comment I can infer that you feel buying the cd/tape/mp3 grants you copyright ownership and, therefore, distribution rights of said contents.

      It does not. Fair use and personal use are not the same thing as putting songs into file sharing systems where who knows how many people will access them. Why do you think Diamond won the lawsuit over the RIO mp3 player and Napster lost theirs?

      Libraries walk a fine line on this issue. It troubles me greatly that the book publishers and other industries (assuming the rumors are true) are trying to limit libraries' ability to provide materials to the public. More and more the U.S. drifts toward a "if you do not have money you are worthless" attitude toward its own citizens. That's why the health care in this country is so fscked up.

      But I'm straying from the topic. I think the difference between a library's CD collection and file sharing is that only one person can have a copy of the cd at a time. Yes, 1000 people might check the CD out over the time it survives in the collection, but 1000 people don't have it all at once. Isn't file-sharing usage somewhere in the millions of people? That's a different scope now isn't it?

      More importantly, you only get the CD for a limited time. If you don't return it you are usually charged the cost of replacing it.

      Neither of those are true for file-sharing and I think they are significant differences.

      -r

      --
      Just because something is free does not mean you have to take it.
    8. Re:Where is this illegal? by fleabag · · Score: 1

      I have about 40 Gb of ripped MP3s online. I also have every CD that they originate from on the shelf behind me. Why do I do it?

      1) Because I can

      2) Because I've paid for a bunch of upstream bandwidth that I never use

      3) Because I wanted to know that software RAID 5 works, and I needed some files to test with

      4) Because I am hacked off with spending money on awful albums that I never listen to

      5) Because I can

      Unless there is a law (in my juristiction) that says owning MP3s is illegal, then what law am I breaking? Failing to sufficiently protect my computer?

    9. Re:Where is this illegal? by Ig0r · · Score: 1

      So, when they have a book-reading to several dozen children at the free library, that should be illegal?

      --
      Soma: because a gramme is better than a damn.
    10. Re:Where is this illegal? by Stonehand · · Score: 3, Insightful

      Libraries have explicitly granted rights. Go read the Code. And no, unless you're an educational institution, you probably don't qualify.

      In fact, if memory serves, the Code was at one point modified to explicitly state that public online sharing constitutes public performance, which is a violation unless specifically authorized.

      --
      Only the dead have seen the end of war.
    11. Re:Where is this illegal? by Stonehand · · Score: 2

      Go read Title 17, Chapter 1, Section 110 of the US Code. If you care enough to post, you should care enough to find it and actually read the law before you do so.

      --
      Only the dead have seen the end of war.
    12. Re:Where is this illegal? by mark-t · · Score: 2
      Uhmmm... you wanna check the wording on the copyright act again? Sorry, giving away copies to ANYONE, for profit or not, is considered outside the scope of "personal use". By doing that, you are functioning in the capacity of a distributor, and as such, even if only done privately, you are outside your rights granted by the fair use clause. It doesn't matter how well you know the people in question, fair use reproduction only extends to your right to duplicate for yourself and yourself alone. Anything else requires permission from someone authorized by the copyright holder.

      Of course, if you are private enough about it, there's no chance of anyone ever finding out about it. But whether or not this law is unenforceable on that basis is moot because if or when you share on a network that IS visible to other people, the authorities _can_ find out it in those cases, so it's very enforceable in that case.

      My $.016251

    13. Re:Where is this illegal? by tedDancin · · Score: 1
      TO DO LIST:
      --------------
      Friends I gotta catch up with:
      • sexygirl69@kazaa
      • pr0nking@kazaa
      • billgates@swapnut
      --

      Ladies, form queue here -->
    14. Re:Where is this illegal? by ralphbecket · · Score: 1

      Say I buy a film reel and then an absolutely massive projector and screen and then lots of people turn up thinking it's a cinema and watch the film for nothing, how is that my fault for affecting local cinema ticket/DVD/VHS sales/rentals?

      Strewth. The RIAA might be going about things arse-about-face, but do you honestly think the artists are going to thank you for shafting them?

    15. Re:Where is this illegal? by dada21 · · Score: 2

      Don't compare this to health care.

      Health care is fscked up because Government enforces all these regulations on businesses, HMOs, and doctors/hospitals, causing a great amount of red tape. Insurance was cheap, and hospital stays even cheaper before the great HMO acts. Government made health care crazy expensive.

      Then they started doling out medical coverage through medicare and medicaid, which has to be subsidized by insurance companies since the government insurance companies don't pay out enough to cover the actual work done.

      Stop with your god damn bullshit socialist "facts" because they're not true.

      You want to fuck the RIAA in the ass, hard? Deregulate the radio industry completely by ending the FCC's dominance on radio waves. Let independent LOCAL radio stations play what the local people want to hear. Let local advertisers pick the stations they want to support. You'll watch Clear Channel and all those homos fall into the gutter, since there is NO WAY these companies will be able to run radio stations on every frequency in every area.

      Getting government out of regulating the transmission of music (via radio, television, cable, etc) is the way to kick these corporations in the ass. The same is true for health care.

      Vote Libertarian 2002: The only vote that counts.

    16. Re:Where is this illegal? by Ig0r · · Score: 2

      I didn't imply that it was or wasn't illegal.
      I asked him if he thought that because "only 1 person can ... view that book at the same time," any situation where more than one can view it at the same time would be an 'issue'.

      --
      Soma: because a gramme is better than a damn.
    17. Re:Where is this illegal? by Courageous · · Score: 2

      How is offering them over napster servers any more illegal then what a library does?

      Um, because it simply IS illegal. You can read more at: http://www.loc.gov/copyright. Have a good one,

      C//

    18. Re:Where is this illegal? by Shelled · · Score: 2
      Libraries walk a fine line on this issue.

      No, it's an indication of how far copyright abusers have moved the line. Libraries do what they've always done. It's also an indication of the frightening success of corporate brainwashing that some (not you in particular) argue the right of the few to make money supercedes learning for the less affluent.

    19. Re:Where is this illegal? by Anonymous Coward · · Score: 0

      Furthermore, you could argue that your share directory was for your use only. Say that you originally set it up so you could copy your mp3 while you travel around the world.

      Then tell the courts you even set a password up, and left it blank to fool hackers.

    20. Re:Where is this illegal? by bryan1945 · · Score: 1

      Ah, but most libraries, and especially university libraries, have several photocopiers.

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    21. Re:Where is this illegal? by anthony_dipierro · · Score: 2

      Ah, but most libraries, and especially university libraries, have several photocopiers.

      But if they make the copies themselves, and then give them to you, and they don't fall under fair use, they are just as guilty as a napster user. In fact, even if they just watch you copying an entire book they are guilty of contributory infringement. So in that sense, yeah, libraries are an excellent example.

    22. Re:Where is this illegal? by samdu · · Score: 1

      First off and way off topic... What health care system would you prefer we model the US's on? Canada? The UK? Why is it, do you think, that when people need serious health care, they tend to make their way to the good ol' US of A? There IS NO HEALTH CARE CRISES IN THE US!!!! We have the best health care in the world. And, yes, this is coming from someone with no health insurance (which is incredibly rare, btw).

      Now, on to the topic at hand... There are some accuracies and some inaccuracies in your analysis. First, your comparison to the library system is valid. One user at a time, etc... etc... However, that is not the question. The question is whether or not copying and distributing music with no personal gain is legal. According to the laws currently on the books, it is perfectly legal to copy a record/cd/tape and give it to others for free (in a non-commercial manner). This has precedent set in the early days of the compact cassette. It's called fair use. I don't understand how the quality or, for that matter, the quantity renders this unlawful.

  23. Uhh.. by iONiUM · · Score: 1

    Sue all of us? Have fun with that. I can't even count the number of people... and only sueing the "big fishes" isn't really going to solve anything, I'm pretty sure many "little fishes" will just fill the gap. Isn't that the idea behind P2P anyways?
    No large FTP sites, just many users with perhaps a few files.

    1. Re:Uhh.. by Anonymous Coward · · Score: 0

      what about using a proxy in other countries?

  24. Here's where it gets funny. by wrinkledshirt · · Score: 5, Funny

    Years from now, law students are going to have to remember the names of groundbreaking cases that formed the latest incarnation of IP law...

    RIAA v. l33t d0Wn104d3r
    RIAA v. i oWnz j00
    RIAA v. cr4pfl00d3r

    Can't wait to see how those textbooks handle it...

    --

    --------
    Bleah! Heh heh heh... BLEAH BLEAH!!! Ha ha ha ha...

    1. Re:Here's where it gets funny. by Chemical · · Score: 2, Funny
      Actually, a dot-bomb company tried to do something similar to this. PrintCafe attempted to subpoena Pud from Fucked Company to obtain the identities of "Ex-DLJ, sucky-me, and idiot!", whom they were going to sue for posting defamatory comments on the anonymous Fucked Company message boards.

      You can see the whole saga here, including all the crap Pud received from PrintCafe's lawyers. It even says "PrintCafe Inc. v. Ex-DLJ, sucky-me, and idiot!" on the documents. Funny shit.

    2. Re:Here's where it gets funny. by NeMon'ess · · Score: 5, Funny

      RIAA v. FUCKRIAAUPTHIERSTUPIDASSES
      RIAA v. HILARYROSENISACUNTIMFISTINGUPTOMYELBOW
      RIAA v. JACKVALENTITAKESMYCDSUPHISASSHOLE

      Fun for the whole court.

    3. Re:Here's where it gets funny. by Rudeboy777 · · Score: 1

      Years from now, those names will look like Ye Olde Englishe and all the kiddies will have moved on to obscure unicode characters.

      --

      From hell's heart I fstab at /dev/hdc

  25. This is what they should do, but still won't work. by mesozoic · · Score: 4, Insightful

    The RIAA has tried (successfully) to paint P2P networks as festering cesspools of piracy and other sorts of illegal activity. I think this is part of the reason P2P networking has not been used to come up with more innovative technologies. Also, independent artists -- who could benefit immensely from distributing their music through P2P instead of through recording companies -- have been reluctant to embrace P2P as a truly new way of doing business.

    So this might be good. Granted, the RIAA won't _stop_ prosecuting P2P networks, but at least they'll be shifting some of the blame to the people who actually use these networks for illegal activity.

    But it won't help them. People like free music, and they'll fight tooth and nail when you try to take it away from them. Imagine the public backlash they'll have when they trace some huge fileswapper, have the Feds bust down their doors, only to find that their suspect is a 15-year-old whose father works at a university and whose mother is a nurse. They'll have to arrest someone, and no matter who they do, they'll be setting themselves up for negative publicity. Online file-sharers will be galvanized to the "cause" of free music, and the RIAA's troubles will continue to pile up.

    Companies like the RIAA and the MPAA are going to go out of business. Period. When people have the ability to make an infinite number of copies of your product, at virtually no cost, you can't make money anymore. It's as simple as that.

  26. From what subnet/s by xercist · · Score: 2

    will they be scanning for files? I'll be sure to DENY their packets before they touch me.

    --

    --
    grep "xercist" /dev/random ...you'll find me in there someday
    1. Re:From what subnet/s by Anonymous Coward · · Score: 0

      First, you should DROP their packets, iptables is far superior to ipchains.

      Second, come on! Like they would be "scanning for files" from the same IP/subnet/etc each and every time.

    2. Re:From what subnet/s by Anonymous Coward · · Score: 0

      what about proxy`s?

  27. Interesting Question... by FatRatBastard · · Score: 4, Interesting

    Can they leagally go after the people with legitamate MP3s who happen to make them available on the internet or those who illegally download them?

    To better explain: if I leave my doors unlocked and someone steals my CDs I may be a moron for not locking my doors, but I certainly didn't commit a crime (the thief did).

    Also, if User A has a Old97s CD and legit MP3 copies of the disc on his machine and I also own the same Old97s CD and download his copies (instead of burning my own) did either of us break a law?

    I am sorta hazy over both issues.

    1. Re:Interesting Question... by Anonymous Coward · · Score: 1
      Can they leagally go after the people with legitamate MP3s who happen to make them available on the internet or those who illegally download them?

      To better explain: if I leave my doors unlocked and someone steals my CDs I may be a moron for not locking my doors, but I certainly didn't commit a crime (the thief did).
      Well, yes... But on the other hand, if you pass out your CD to anyone who asks for it, knowing that there's a strong likelihood that they'll copy it, you are an accomplice to the crime.
      Your analogy would work if you weren't running Gnutella or Napster or something, but happened to leave an ftp port open with access to your entire hard drive. Then you could argue that you aren't responsible, you're just stupid.
      Also, if User A has a Old97s CD and legit MP3 copies of the disc on his machine and I also own the same Old97s CD and download his copies (instead of burning my own) did either of us break a law?
      Yes and no... This one is super-hazy. You'd probably get off on the grounds that it's tough to prove legitimately whether you got it from him or got it from your copy.
      Additionally, the RIAA is trying to make it illegal for you to make MP3 rips of your CDs even for your personal use - they are trying to claim that moving the material from one medium to another is a violation of copyright and they're trying to get this passed as part of CARP.
    2. Re:Interesting Question... by Anonymous Coward · · Score: 0

      This is one of the differences between theft and copyright infringement.

      In theft, the person taking is commiting the crime.

      In copyright infringement, the person distributing is commiting the crime. (Some situations may cause both the person distributing and receiving to be in violation of the law.)

      And yes, it's still illegal if both own a copy since distribution is specifically a violation.

    3. Re:Interesting Question... by Sloppy · · Score: 5, Informative
      Also, if User A has a Old97s CD and legit MP3 copies of the disc on his machine and I also own the same Old97s CD and download his copies (instead of burning my own) did either of us break a law?

      Yes, if the RIAA-vs-mp3.com case is precedent. In that case, mp3.com had a CD, and a challenge-response protocol virtually guaranteed that a user had the CD. But my.mp3.com transmitting a song to the user, was found to be copyright infringement.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    4. Re:Interesting Question... by SN74S181 · · Score: 1

      If you made hundreds of 'legal' copies of a music CD (for your 'own personal use' of course,) then left them in the front room of your house with the door unlocked and a 'Please don't take these, nudge nudge' sign with an arrow out on the sidewalk, I think you'd find yourself in court.

    5. Re:Interesting Question... by BlowCat · · Score: 2

      The act of copying would happen on the server side. If copyright restricts copying (as opposed to possession of the copy without permission of the copyright holder), then the server admin is in trouble. I believe that was the argument in the MP3.com case.

    6. Re:Interesting Question... by i64X · · Score: 0

      Also, if User A has a Old97s CD and legit MP3 copies of the disc on his machine and I also own the same Old97s CD and download his copies (instead of burning my own) did either of us break a law?

      Isn't that like the old warez groups saying "Well we'll upload this and put it on our servers but if you don't have the real CD you can't download it... Download only for backup purposes!!" That didn't stop the authories from going after those people... most of them are in jail right now.

    7. Re:Interesting Question... by nege · · Score: 1

      Is it still legal to make a backup copy on mp3 of CDs you bought? I think that is one of the things they want to stop anyway (see copyprotected CDs). Whats more, how can you tell if you burned that file to your computer from a CD or if you downloaded it? What if you burned it on ONE of your computers and then transfered it to another one of your computers? Where dose the insanity end?

    8. Re:Interesting Question... by Sloppy · · Score: 2
      (Oops, sorry, somehow edited out my reply to your first question.)
      Can they leagally go after the people with legitamate MP3s who happen to make them available on the internet or those who illegally download them?

      To better explain: if I leave my doors unlocked and someone steals my CDs I may be a moron for not locking my doors, but I certainly didn't commit a crime (the thief did).
      There is a big difference between these two situations. A person can't just take files off your computer, the way they can take CDs out of your unlocked house. In the case of stolen CDs, the house is not an agent acting on your behalf. It is passive.

      In the case of the shared files, your computer is actively servicing requests for files. Your computer is a mechanical agent acting on your behalf, under your control. You are responsible for what your computer did.

      So when you have files "available on the internet" (and people actually download them), it is no different than you personally distributing copies with your own hands.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    9. Re:Interesting Question... by Anonymous Coward · · Score: 0

      What if someone broke into my house and rather than take the CD's, just made copies of them.

      Who broke the law then? Certainly not me... but I still have my copy and the thief has hers.

    10. Re:Interesting Question... by hughk · · Score: 2
      A while back, Phil Zimermann first put PGP up on an ftp server. Later the FBI went after him for breach of the munitions control act (which governed export of munitions). The Grand Jury decided that there was no case to answer as he had only placed a file on an ftp server.

      Those persons making the copy were the ones that broke the export control regs. In this (criminal) case, it was decided simply making the files available was not the same as copying them.

      Oh dear, why did I stick those MP3s of my personal music collection that I had made for my PDA in /pub?

      --
      See my journal, I write things there
    11. Re:Interesting Question... by Sloppy · · Score: 1
      What if someone broke into my house and rather than take the CD's, just made copies of them. Who broke the law then?
      Thief did. That was easy.
      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    12. Re:Interesting Question... by Anonymous Coward · · Score: 0

      I think the RIAA's argument would take the same form as those against having an unfenced swimming pool in your backyard -- it's an "attractive nuissance." If you have a pool and don't fence it in and someone drowns in it, you're in trouble, even though you haven't directly done anything wrong. I think if nothing else, the RIAA could get you on something along these lines, though the penalties are probably not as steep as outright copyright violation. They will argue that having your /mp3 directory shared invites people to commit illegal acts and on these grounds you should not be allowed to do it. I don't think it's that big of a stretch for a judge to see it this way.

    13. Re:Interesting Question... by Sloppy · · Score: 1

      That is fascinating! Was it a ftp server under his own control (i.e. he was the admin), or someone else's?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    14. Re:Interesting Question... by zCyl · · Score: 2

      But my.mp3.com transmitting a song to the user, was found to be copyright infringement.

      I thought it was mp3.com's database of songs which was found to be infringement.

      It would be a completely different scenario if I put up a website, password it with the password "mymp3s", and put my legitamitely created-from-cd mp3s there for personal use. That's really no different from putting a really long speaker cable on my cd player. It's still personal use and still protected by copyright law.

      Where this gets sketchy, is when someone else gets ahold of the password "mymp3s" and starts downloading the mp3s I had for my own personal use. Is that my fault? We seem to have a lot of existing mindset that it's not the fault of the one cracked if their machine is cracked, but only the fault of the one doing the cracking. In other words, computer security does not seem to be a responsibility in the eyes of the law.

    15. Re:Interesting Question... by DNAGuy · · Score: 2

      If you're saying what I think you're saying, you would be liable for simply copying (or moving) copyrighted MP3's between locations on your filesystem. Maybe I misunderstood. I don't think that's right. If that were the case, then copyrighted MP3's would be illegal altogether, unless you could prove that it was specifically authorized by the copyright holder.

      --

      BRENT ROCKWOOD, EST'd 1975

    16. Re:Interesting Question... by martyn+s · · Score: 1

      Uch I'll probably get modded as offtopic, but whatever.

      I'm just curious, is this post sarcastic? "That is fascinating!" I can't tell if you're sarcastic, or just very enthusiastic.

    17. Re:Interesting Question... by Anonymous Coward · · Score: 0

      Learn to spell, dipshitwad.

    18. Re:Interesting Question... by Sloppy · · Score: 1

      I was being sincere.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    19. Re:Interesting Question... by slyborg · · Score: 1

      I was just thinking of a system that maintains files as chopped up pieces which are redundantly stored in the network, so that to obtain a full actual copy, you would need to collect and assemble all said pieces. (AKA usenet binaries.) However, you never distribute a complete copy of the item yourself. Are you still guilty of infringement?

    20. Re:Interesting Question... by Anonymous Coward · · Score: 0

      What if someone hacks my system, installs a backdoor, find that I have a huge, legal MP3 archive of all my CDs, and downloads them using standard Windows file sharing?

    21. Re:Interesting Question... by Anonymous Coward · · Score: 0

      sorry for being a coward..

      what you said is partially incorrect. In the mp3.com-case the copyright infringment was on mp3.com's side, because they did not have the right to compile the database of music from which the user made the copy. They had not properly licensed the music for such use, but instead just bought the CD's and made copies. Maybe not the wisest decision..

    22. Re:Interesting Question... by bryan1945 · · Score: 1

      Actually, by putting them in your house, locked or no, anyone that enters without your permission is tresspassing. If they take your burned CDs without your permission it's theft.

      Now if you put them on your sidewalk.....

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
  28. possible tactics? by Alien54 · · Score: 2
    I imagine that they will be coordinating with the service providers to find those 1 or 2 percent (or what ever it is) that are using up 25 percent of the bandwidth.

    I know that this would be a quick way to get a short list.

    I can also imagine them then trying to get the FBI to help them out tracking down which of these are actually music file trafficers, vs merely trafficing in other warez, although there might not be that much difference.

    After all, this fits into the war on terrorism. These folks are terrorizing American Industry (tm).

    --
    "It is a greater offense to steal men's labor, than their clothes"
    1. Re:possible tactics? by DNAGuy · · Score: 2

      That's interesting you mention bandwidth hogs. I bet most ISP's would love to get rid of their top 1-2% bandwidth users. These guys usually cost broadband ISP's serious money.

      --

      BRENT ROCKWOOD, EST'd 1975

  29. Holy Bat-Lawyers, Batman! by Robinn · · Score: 2, Funny

    It looks like the RIAA has decided to attack innocent file swappers! If someone doesn't stop them, the lawyers will take over!

    --
    What should we do, Batman?
    1. Re:Holy Bat-Lawyers, Batman! by Batmann · · Score: 2, Funny

      Sounds like trouble to me. And if I'm not mistaken, the Joker is behind this...

      --
      To the Batmobile, Robin!
  30. Okay by Anonymous Coward · · Score: 0

    As long as they aren't going after ISPs and trying to make them block or restrict access to what they consider file-sharing or file-sharing-related internet sites, i'm fine. Though i'm still going to help fight this if i can, because that's the logical next step after this-- if they go long enough with attacking users who fileshare, the file sharing will just move out of the states, and then they'll have to convince GWB to build The Great Firewall of America..

    Though it will be amusing if they ever *do* get in court and someone goes all the way instead of settling. I want to see a protacted legal battle in which the RIAA tries to justify the rediculous amounts of money they claim piracy costs them. Since there's absolutely no fricking way to tell out of those who pirate music what percentage would have bought music before file-sharing but don't know, what percentage wouldn't have been listening to music anyway but do listen now that they can get it free, and what percentage go and buy the album after they've sampled it on Audiogalaxy (i am generally in the third group), it should be fun trying to see the legal circus that would result from both sides trying to argue undefendable viewpoints..

    Also i'll be curious to see what happens when The Outside World realizes how much child porn there is on freenet

  31. The RIAA is correct. by Anonymous Coward · · Score: 0

    Copying CD tracks onto MP3 format should be and is most definitely illegal. We should pay for the album a second time if we wish to convert the CD into an MP3, and must never under any circumstances distribute it to others.

    1. Re:The RIAA is correct. by sealawyer · · Score: 1

      Absolutely.

      And if we want to hear the cd again we should buy a new copy. If we are having friends and family over to the house, we should count the number of people who might hear the music and buy one copy of the cd per listener.

  32. New Revenue Stream? by TKBui · · Score: 1

    Well I understand that the movie industry is making money hand over fist. Maybe the music industry is just looking for new revenue streams. Spin it as reoccuring revenue streams.

  33. Good Luck... by gatekeep · · Score: 2

    Yah, I'm sure the expense of filing suits against thousands of college kids is really going to help their bottom line.

  34. RIAA's strategy by wompser · · Score: 1

    The RIAA will have to have a pretty careful strategy with this tactic. If they sue anyone, it is going to instantly have meteoric press coverage, especially if they sue one of the "supernodes" for an high $$ amount. Public sentiment against the RIAA will be astronomical if they don't choose someone who is: 1. Undeniably guilty 2. Unremorseful 3. A poor martyr Public opinion is fairly well split on the filesharing issue, but if a big corporate entity makes a martyr out of someone, you can bet public opinion will sway quickly. And dont think the RIAA has not considered this issue.

    --
    .....
  35. I'm torn. by Gannoc · · Score: 2
    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

    Actually, since they'll never succeed in stopping P2P networks, i'd much rather have them trying to do that. If they actually stop the people distributing them, I won't be able to continue to steal their music.

  36. Lets sue them back... by LordYUK · · Score: 2, Funny

    I am SURE that there is a law regarding noise pollution... and I am positive most of you have heard the latest Booby Spears and N Stink songs at least in passing...
    :)

    --
    This is my sig. Its pathetic.
  37. A bad call by BFD_Jon · · Score: 0

    No, I totally disagree with the move they're making. There are already too many people who have downloaded music; tracking down each and every one of them would be slow and inefficent. While they go after one, another will be out downloading a song. Really the dumbest move they've made yet... ...wait, dumb move regarding stopping downloading of music! Go with it!

  38. Oh no! by 5lash · · Score: 1

    Crap, my goldfish has been leeching MP3s since the birth of Napster. He's quite a smallfish though, will he be ok?

  39. solution by paradesign · · Score: 2
    just keep several smaller stockpiles up rather than one large one. keep them small enough to stay under the radar. seems simple enough.

    or you could move your server to Sealand

    --
    I want 2D games back.
    1. Re:solution by BoneFlower · · Score: 2

      "just keep several smaller stockpiles up rather than one large one. keep them small enough to stay under the radar. seems simple enough. "

      If this is done, the RIAA will just lower the minimum size of archive before launching an attack.

      "or you could move your server to Sealand"

      Good idea in theory... but if unless you move there yourself, the RIAA will still come after you as you are still egaging in piracy, despite the product being stored elsewhere.

  40. Perhaps by Anonymous Coward · · Score: 0

    I sense an increase in the number of doors kicked down by the RIAA sekret polize, though, which could be a bad thing.

    You don't need to be a pirate to be targeted, you just have to have mp3s, and the media will automatically MAKE you into a pirate, regardless of if you made them yourself.

  41. Suing Only Works in the US by ShwAsasin · · Score: 2, Interesting

    It's funny because the suing will only happen in the US. Here is Canada the artists supposedly get money from CDR's and other recordable media meaning they still get rich from doing very little.

    RIAA really can't pull that off because what do they do with Minors, sue the parents? What about other people who have their machines hacked? You could play stupid. It's worked with so many companes in the past (@home). Uh, I'm running a server thats doing something illegal, how do I fix it.

    1. Re:Suing Only Works in the US by nexex · · Score: 2

      even better:

      umm, server? what does this have to do with the restaurants i go to? i just bought this computer so i could do aol instant messenger and check my hotmail.

      --
      Winter 2010: With Glowing Hearts
    2. Re:Suing Only Works in the US by Anonymous Coward · · Score: 0

      Yeah, the parents are responsible for the kids' behavior... even if they're ignorant of what the kid is doing, they are still liable.

      As for the revenue from purchase of CDRs, that happens in the US, too... Data CD-R (in bulk purchase) - 50 cents, sometimes less... Music CD-R, $4.99
      That additional cost is all a licensing fee that the RIAA got put in (on the grounds that if you're burning CDs, you MUST be a pirate). You don't really believe that somehow music CD-Rs sound better, do you?
      Data is data, it's all 1s and 0s, whether they make up code or music.

  42. did they read the article? by wo1verin3 · · Score: 1

    Why would they need a big fish with lots of illegal music, according to the article they are going after people HOSTING or SHARING the music, not the ones downloading it.

  43. bS by avandesande · · Score: 1

    World-wide music sales dropped 5% last year, while global sales of compact-disc albums declined for the first time since CDs were launched in 1983. So far this year, U.S. music sales are down steeply from a sluggish 2001.

    I suppose the music industry thinks that they are recession resistant?

    --
    love is just extroverted narcissism
    1. Re:bS by Anonymous Coward · · Score: 0

      actually, they think they are entitled to guaranteed profit

    2. Re:bS by Zordak · · Score: 2
      In completely unrelated news, CD prices went up last year, while disposable income went down. RIAA is considering petitioning certain congressmen to propose a Constitutional ammendment that would require all US Citizens to purchase a certain number of RIAA-sponsored CDs at full retail price every year to address this evil.

      Honestly, I don't think that everybody has a God-given right to free music off of the internet, but the reason I personally have not bought many CDs lately is simply that they are so stinkin' expensive, and in most cases, there are only a couple of songs on each CD that I really want. I wuold love to see these $0.99/ea. downloadable music schemes take off. These guys would get lots more of my money if I could selectively download the few songs I want for cheap and then burn a mix CD that I could pop in. Surely that would be better for them than $0, which is what they get from me now -- and I am not a P2P user. Their precious lost revenue is a direct result of their price gouging. If they offer an inexpensive, reliable means of obtaining high-quality legally licensed music on the internet, I think they would see the popularity of P2P decline rapidly. Sure, it wouldn't disappear completely, but true music lovers will stick with the legitimate copies, especially if there is some added value like complete metadata tags or something.

      --

      Today's Sesame Street was brought to you by the number e.
  44. hmm... by Datasage · · Score: 1

    I guess if they make file swapping illeagal/immposible they would have no way of regaining the legal/lobbyest fees that they have already spent... but can the really expect to get much money out of a poor college student?

    --
    In America we are imprisoned by our fear of them.
  45. RIAA's Strategy by wompser · · Score: 0, Redundant

    The RIAA will have to have a pretty careful strategy with this tactic. If they sue anyone, it is going to instantly have meteoric press coverage, especially if they sue one of the "supernodes" for an high $$ amount. Public sentiment against the RIAA will be astronomical if they don't choose someone who is:

    1. Undeniably guilty
    2. Unremorseful
    3. A poor martyr

    Public opinion is fairly well split on the filesharing issue, but if a big corporate entity makes a martyr out of someone, you can bet public opinion will sway quickly.

    And don't think the RIAA has not considered this issue.

    --
    .....
  46. Big Fish by JohnHegarty · · Score: 1

    "Of course, you'll need to be a big fish with lots of illegal music to get their attention"

    Can anyone who doesn't have 1gb of mp3's please put their hand up.

    Ok , looks like everone here is a "big fish"..... take them all away... and take away there mice...

  47. If they win, they get money by Anonymous Coward · · Score: 0

    So in other words to find most individual users they will have to invest time+money, yeah this'll fly for an association thats primary concern is profit!!

    If they win, they can hypothetically get the judge to make the loser pay the RIAA's legal fees

    If all goes right, eventually the only way the RIAA can lose out is if a really large number of penniless students get the pants sued off of them, elect to defend themselves, stall in court for a really long time, and then when the judgement is passed, file for bankruptcy. But that would involve the penniless students A) organizing B) being willing to go for some amount of personal sacrifice C) giving a shit about the greater good, so i wouldn't count on it.

    1. Re:If they win, they get money by dattaway · · Score: 2

      A college student sued? What is the RIAA going to win? Their college loans?

      I wish they'd sue me, so they can pay off my loans.

    2. Re:If they win, they get money by anthony_dipierro · · Score: 2

      If all goes right, eventually the only way the RIAA can lose out is if a really large number of penniless students get the pants sued off of them, elect to defend themselves, stall in court for a really long time, and then when the judgement is passed, file for bankruptcy.

      Even then, you're going to scare most of the friends of those penniless students, who don't want bankruptcy on their records for the next 7 (I think it's 7) years.

    3. Re:If they win, they get money by Stonehand · · Score: 2

      Publicity and fear.

      'sides, the college might expel the student -- it's usually within their rights to do so if a student breaks their agreement, which usually mentions crime, and it's probably bad publicity for a college to be known as a haven for this sort of thing.

      --
      Only the dead have seen the end of war.
  48. Canada by Malc · · Score: 2

    Isn't there something in our copyright laws up here that allow us to make personal copies of CDs, irrespective of whether we own the original or not? Besides, with the hefty increases in the blank media levies that the Copyright Board want to introduce, I feel that I have the right to do this. So, how are the RIAA going to stop Americans grabbing files from places outside their jurisdiction?

    The owner of my ISP (small company in Ottawa) posted something to the Usenet last year or so. He'd received an email from some lawyers in the US about somebody sharing files on his service. I think the complaint was about a file sharing programme running, not the actual files. All he did was laugh.

    1. Re:Canada by Tim+Doran · · Score: 2

      Marge: "It took the kids 40 minutes to find Canada on a map!"

      Homer: "Anyone could have trouble finding Canada... all tucked away down there..."

    2. Re:Canada by Anonymous Coward · · Score: 0
      So, how are the RIAA going to stop Americans grabbing files from places outside their jurisdiction?

      I think, as far as the U.S. is concerned, anything that they don't like in another country is their jurisdiction.

    3. Re:Canada by Spreetin · · Score: 1

      My ISP (also a small local one) has done the extreme opposite. He is blocking every port that is used by any know p2p program so that we can't use those "server-programs" to share files with the internet. Even tho no one has complained on those programs, he just don't like p2p programs, he thinks they "waste" the users precious bandwidth. My question to him was of course how he could think that the users themself was wasting their bandwidth, isn't OUR choice on how to waste our bandwidth, since we have paid for it?

      --
      8 * 7 = 42
    4. Re:Canada by Malc · · Score: 1

      If they cover your area, check out http://www.istop.com/. They cater explicitly to technically minded people. They basically allow you to do what you like, and if you exceed the 20GB/month quota, it's only $3/GB extra. 25% of the customers have static IPs, which should give you an indication of the clientele. The owner frequents can.internet.highspeed, where he has polarised people to either love or hate him. The current debate is over his comments that he'd rather people who are going to waste his time calling tech support should go his competitors! They're not taking customers at the moment though as they've been deluged by people switching from Sympatico due to their new and ridiculous bandwidth quotas. They offer the cheapest 3.5Mbs connections around here.

    5. Re:Canada by Spreetin · · Score: 1

      To bad I don't live in Canada :-) That ISP seems like a good one. No, I live in sweden, and I happen to live in an rather small area that only has 1 ISP offering (somewhat) high-speed internet. So the choice is between fast and somewhat relaible connection w/o p2p or modem w/ p2p, not much of an choice :-) /Spreetin

      --
      8 * 7 = 42
  49. There was already a lawsuit that set precidence by Theologian · · Score: 1
    Just ask Metallica who "sued" 317,377 Napster users including the likes of these users and to see how far it got them.....
    • MtAlHEAd1
    • ILUVMYCAT
    • pr0nLover3523
    • etc.
    --

    Crapdot
    News from birds. Stuff that splatters.
  50. I just wish I could talk to these people... by Tarrek · · Score: 3, Insightful

    I support going after the people breaking the laws rather than the P2P networks, definitely, however something just doesn't seem right to me about the way this is going. Sure, it can be just the big fishes now, but if they eventually start going after everyone with 10-20 gigs shared, well, that's a lot of people, and I'm one of them. It's not because I'm stealing music, I swear I'm not, it's just that I use mp3 to test out music I'm considering purchasing, or to discover bands I never would have dreamed of listening to otherwise. Seriously, with a 5 minute investment I can hear almost any band in the world by simply picking one I've never heard out of someone else's directory. I can't even begin to imagine how much music and music related merchandise (Tickets and such) that I've purchased over the years because of things I heard on mp3. Literally, probably at least 60-75% of my collection of nearly 400 CDs. That's a lot of money. That's a lot of money that I didn't mind spending. Though, it's also a lot of money I'm not going to be spending anymore. I'm personally boycotting first run music stores if the album I want is on a label that is involved in supporting the RIAA. I just can't reconcile my love for music with my hatred of them blaming the fans, the customers, legitimate customers such as myself, for their slagging profits. Cut the prices, guys. Just slash them heavily. THEN think about going after people who still share 500 gigs, but damnit, please don't blame the customers for your losses due to greedy price fixing, and backwards attitudes towards fair use.

    1. Re:I just wish I could talk to these people... by VValdo · · Score: 2

      It's not because I'm stealing music, I swear I'm not, it's just that I use mp3 to test out music I'm considering purchasing, or to discover bands I never would have dreamed of listening to otherwise.

      Using the Internet as a listening station not a legitimate excuse according to the RIAA. According to them, you are stealing music.

      W

      --
      -------------------
      This is my SIG. There are many like it, but this one is mine.
    2. Re:I just wish I could talk to these people... by xenocidex · · Score: 1

      Seriously, with a 5 minute investment I can hear almost any band in the world by simply picking one I've never heard out of someone else's directory.

      this is exactly why the RIAA is doing this. A few years ago the RIAA controled the distrubution of pretty much all music. Now, anyone anywhere can find anything they want to. Since people now have other ways of finding good music they like, they can explore other artists, on smaller record labels.

      I would be very interested in seeing a study done on how the sales of independant artists and smaller record labels have been affected by p2p sharing. I bet they have gone up... by quite alot. I for one, have over the past few years, become quite interested in Techno/Electronica, and through AG and Napster, have managed to amass a collectiong of over 50 gigs worth, of which all but about 12 gigs are livesets, which are not avaliable for sell in cd shops anyway. As for the other 12 gigs of music, well, I have a record (not cd) collecion in the thousands, and a decent number of cd's, and I garuntee you not one cent of my money has gone to the RIAA. Most of the music I have is actually rips of records I have, or songs from the same artists.

      I am the type of person that the RIAA fears. I have other interests now, and I can find a wide variety of music I like, AND test it out before I get it. In short, its not about sales, but control. The riaa can't get away with putting out total shit all the time anymore.

      --
      There are two major products that come out of Berkeley: LSD and UNIX. We don't believe this to be a coincidence.
  51. Is it just me... by ultramk · · Score: 1

    or are these guys biting off more than they can chew?

    For anyone with the most limited technical knowledge, it's fairly simple to make yourself more or less immune to this sort of tracing... so you have to think that the only people who would be caught would be the dumb kids who don't take any countermeasures. Ok. Here's a truism: if these kids had enough money to have it be worth taking it in a lawsuit, they would be buying the CD's in the first place.

    So what's the idea? Sue 30,000 12th graders for the baby-sitting money?

    Or is this more about scare tactics? "Jim, it says here in the paper that people are being sued for sharing music in the internet. Do you think our Johnny could be mixed up in this? Perhaps we had better have a talk with him."

    (cue "father knows best" theme song)

    Or am I missing something here?

    Michael-

    --
    You catch enchiladas by picking them up behind the head and holding them underwater until they don't kick anymore -VeGas
    1. Re:Is it just me... by Anonymous Coward · · Score: 0

      30-45 make up a much larger portion of the users of p2p's than 18's

    2. Re:Is it just me... by Anonymous Coward · · Score: 0

      They just say that to get past COPPA.

    3. Re:Is it just me... by Anonymous Coward · · Score: 0

      "For anyone with the most limited technical knowledge, it's fairly simple to make yourself more or less immune to this sort of tracing... so you have to think that the only people who would be caught would be the dumb kids who don't take any countermeasures. "

      What's with the crazy ageism buddy? I'm 22 and in my experience 12th graders know more than most adults...

      Keep using the term 'script-kiddie' derisively, but kids, who haven't even had the benefit of specialized schooling, who can simply download and run a pre-configured script do not have a trivial amount of security knowledge when compared with your average adult.

  52. Re:Gaaah! FUD from hell by AnalogBoy · · Score: 2

    The trick is to get people to read the article. Making it sound like they're coming after -you- is a pretty decent way to do it, right? Slashdot uses the same technique..

  53. *Doing* what? by xmda · · Score: 1

    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

    *Doing* what? Sharing large numbers with my friends and their friends? When will they learn that a mp3 file is just a stream of bits, which in turn is just a VERY large number. Are they going to sue me for that?

    Helooooo...

    Are they going to sue my neighbour playing music so load that I can hear it outside his window for sharing the music with me?

    Give up already!

    1. Re:*Doing* what? by Anonymous Coward · · Score: 0

      lol i hope that was joke

      claiming anything copyrighted is can be converted to zeros and ones and therefore is an entirely different entity is just lame

    2. Re:*Doing* what? by xmda · · Score: 1

      Umm...no.

  54. Good luck by TheTomcat · · Score: 2

    Go ahead try it.

    S

    1. Re:Good luck by Wraithlyn · · Score: 2
      • You can legally lend a commercial CD to a friend, give him a blank CD-R, let him use your computer, and help him burn the CD-R which he can keep for his own private use.
      • You cannot legally make the copy yourself and give your friend the copy.
      If that isn't a fine line, I don't know what is :) "Help him burn the CD-R" can be stretched to apply to pretty much anything. ("Sure I operated the burning software, but I was only helping the overall process. My friend here tore the shrink wrap off the CDR, after all")
      --
      "Mind, as manifested by the capacity to make choices, is to some extent present in every electron." -Freeman Dyson
  55. secure p2p by brsmith4 · · Score: 1

    Do we have secure p2p yet? If we don't then we need to develop it. Then how would the be able to track or prove anything? We could use existing technologies like OpenSSL and create a gnutella based client/server system. Usernames, passwords, all data transmissions are totally encrypted. Is this possible and has it already be done?

    1. Re:secure p2p by WhiteKnight07 · · Score: 1

      This is being done. Its called Freenet.

      --


      We're going to make information free Mr. Anderson, whether you like it, or not.
    2. Re:secure p2p by Anonymous Coward · · Score: 0

      Um, ok. That doesn't do any good at all.

      If there is ANY way to see where a file is coming from, then you can and will be tracked - simple as that. Furthermore, if you can create an account for yourself on the "secure p2p", so can anyone at RIAA, and then they can do the following:

      Seeing as how TCP/IP uses *IP addresses* (what a novel idea) to tx/rx information, anything that runs over TCP/IP can be tracked - if not to an individual, then at least to a central server.

      Unless you plan on including some sort of IP spoofing feature in your "secure p2p" client (which, when utilized, will probably get you bumped from your ISP at the very least), your idea is totally pointless.

    3. Re:secure p2p by PAPPP · · Score: 0

      I can see two things that could be helpful in this area,lots of privately run annon proxies, and non-corperately run public-key encryption (something we need anyway). The servers would prevent IP tracing, and the Public-key encryption would prevent spooks from getting the "vote of confidence" needed to get on the networks and spoof them with bullshit files.

  56. Scare tactics by mrm677 · · Score: 2

    Scare tactics could be very effective. Just one random, not-for-profit, casual MP3 pirate being sued is enough incentive for me to stop using P2P programs.

    They can pick random users from Gnutella, and do a little detective work to find out who they are based on your IP-address.

    1. Re:Scare tactics by SomeOtherGuy · · Score: 2

      The guy would be a Martyr. That is the one thing they are a bit scared of. Hell if this were to happen we should erect statues of the poor guy.

      Look at all the real criminals that are not in jail....Can you imagine backing up the court rooms and jail cells with geeky 15 year old kids who download a few songs of the internet?
      Scare tactics my ass -- Metallica really gained a lot fans by suing them, hu? (maybe the type of people like women who love their husbands "more" after a few good beatings....)

      --
      (+1 Funny) only if I laugh out loud.
    2. Re:Scare tactics by Anonymous Coward · · Score: 0

      so why can`t we have a large base of off-shore proxy`s around the globe to pass thru?

  57. Here's the actual strategy by FearUncertaintyDoubt · · Score: 2, Interesting
    "top record-label executives agreed in a trade association meeting a few weeks ago that they would move toward preparing suits that would focus on individuals who supply the biggest amounts of music, as well as so-called "supernodes," or people who provide the centralized directories that enable online music-sharing."

    For those of you who aren't going to read the article, the RIAA is not going to try to sue everyone. They have 2 goals in mind, I suspect:
    1) Find someone who is sharing 100,000 files with a T-3 connection and use this person to demonize everyone who shares music over p2p. The RIAA is suffering from a bit of an image problem, and I think they want to try to make it good guys vs. bad guys, so they have to find a bad enough guy.
    2) Scare anyone who considers sharing files into wondering if they are above the magic threshold that will bring a suit.

    I suppose the theory is that if you stop the people who are sharing the music, then there will be nothing for anyone to download. Kinda like the drug war -- bust all the dealers, then the users will have nowhere to go.

    I don't think this will work, as my guess is that most people who download music also share it. It isn't centralized enough that you can take out a few super-sharers and suddenly everything dries up.

    1. Re:Here's the actual strategy by Jaysyn · · Score: 1

      The Drug War is never a good analogy for anything.

      "The funny thing about the War on Drugs is the name implies there is a war going on & the people on drugs are winning. Imagine if they we're straight?"

      - Paraphrased from Bill Hicks

      Jaysyn

      --
      There is a war going on for your mind.
  58. Let the Boycott Begin by Stardate · · Score: 1
    Although I haven't bought a brand-new retail CD from one of the 'Big 5' publishers in quite a while (my last purchase being They Might Be Giants' No!), I certainly won't be buying any now.

    If they thought sales were slumping before, just wait till they piss off their user base. Just because there are still lots of people out there who don't download music or have anything to do with the Internet doesn't mean they don't know when someone is trying to screw them.

    --
    "... I declare our city to be a free and independent state to be named Tri-Insula!" --Fernando Wood, Mayor of NYC 1861
    1. Re:Let the Boycott Begin by einTier · · Score: 2
      I have to wonder if this slump isn't a direct result of their actions, and not the economy or piracy, or anything else. I know I haven't purchased any CDs since 1999 or so, not because I didn't want to, or because I could get them for free, but because I refuse to give money to the RIAA.

      I also wonder, how hard would it be for someone to make a few dozen MP3 files of them plinking around on a keyboard, replicate them enough to generate a few hundred thousand songs, use a random name generator to rename the files to things right out of CDDB, and then share all those files on Kazaa.

      Now, it would suck for the people downloading those files, but the RIAA is going to see a few hundred thousand supposedly copyrighted files, and haul that person into court with all the assorted media coverage. Then, it can be revealed that not one of the tracks was copyrighted at all, and they've arrested an innocent man. Not only does this do irreparable PR harm, it probably opens them up to some really nice civil lawsuits.

      --
      -------------------------------------------------- $665.95 -- retail price of the beast.
    2. Re:Let the Boycott Begin by willpost · · Score: 1

      Here's a link to more information about RIAA: http://www.boycott-riaa.com/

  59. Firewall by Anonymous Coward · · Score: 0

    I'm still learning more about networking, so this might sound stupid, but what if the person has a firewall/router? Can it be bypassed?

  60. What ever happened to EULAs by SampleMinded · · Score: 1

    Why can't P2P companies like Kaaza use their EULA's to prevent people from tracking down users on thier network. As well as from knowingly putting mislabeled files. THen sue the companies who host them. I mean if Kaaza can't kick off people with mislabeled files, how can they stop copyright infringement.

  61. Canada by Scrameustache · · Score: 2

    Ah! I'm in a far away country wich they have never heard of! No way they'll get me!

    --

    You can't take the sky from me...

  62. Exactly by 4of12 · · Score: 3, Interesting

    go after the people who are actually doing it instead of making P2P seemingly illegal.

    While it could be argued that RIAA is just taking an expedient course of action, this is the one thing that they should have done.

    Go after the burglars - don't penalize the manufacturers of crowbars.

    I'd just as soon live in a free society where I have my choice of combining Napster with crowbars as long as I don't infringe on someone else's rights.

    However, I will admit that trading an MP3 from a CD of mine that I've ripped to someone I don't know for a song which I don't have constitutes a commercial transaction (albeit cashless) and, while copyright exists, the possessors of the it should have the exclusive right to charge for distribution. Exactly and only that.

    --
    "Provided by the management for your protection."
    1. Re:Exactly by Balagan · · Score: 2, Interesting

      you all still assume incorrectly that file sharing is theft. the DMCA and other illconcieved laws may sway the courts, but even laws can be wrong. they can also be changed. one question should be what exactly the harm is from file sharing, when the industry itself engages in illegal activity through price fixing, cares not one bit about its own artists and extorts ownership of copyrights from them in return for what amounts to a lottery ticket, engages in payola which wipes out any serious claim that royalties should be collected from radio stations (why keep up the sham when the same money is just going in an accounting shell game), and has actively used any means necessary to stamp out existing and emerging competition (net radio, p2p).

      non-commerical sharing gives music an immensly wider exposure than anything else that has come before and is a form of free advertising that the labels could be taking much better advantage of. It also turns out that it wasnt just bullshit when the labels largest customer demographic says consitently that they would by more music rather than less because of file swapping if it wasnt for CD prices being artificially twice what they should be. we want to buy more because we are listening to new things. what a strange concept.

      it also turns out that the industry is facing more of a problem from its own mismanagement, its refusal to adapt, and from the enourmous success of DVD's and video games. (why spend so much money on 1 song you like packaged with 10 or 12 or 15 you dont like in a jewel case that is going to break at the slightest stress, when you can buy a DVD or a video game instead?)

      some of you might talk about how these businesses have a right to charge what they want for their product.. except they arent engaging in free market economics.... they are practicing captive market, litigate and intimidate, mob rule economics. they enforce control over a product they themselves didnt even create. they are given that opportunity only because of the limited monopoly protection and advantage given to them by our own government. of course copyright is supposed to be a limited incentive to create, not a license to supress. it is not an inherent right. it is not property in any sense other than with the subtlety with which lawyers understand how the word "property" can be used.

      im sure many of you are very convinced that the only option is to roll over in the face of the big bad riaa "rightfully protecting" its copyrights and its legions of lawyers threatening to make the lives of individual gnutella and fasttrack and winmx users an unending hell, just to make an example of them. but forgive me if some of us dont see it that way...

      it could be said that im just being naive. but then again it could just as easily be said that those who would say so are just being cynical.

      (yeah ive got a bit of an attitude in this post... i just was kinda dissapointed with the level of discussion and the rampant smugness here -- expected better from /.)

    2. Re:Exactly by Stonehand · · Score: 2

      Even if they're committing restraint of trade and somehow stopping musicians from forming their OWN publishing company, that's something for the judicial system to handle -- and infringing copyright isn't in any way stopping this alleged restraint. Or would you prefer that random people could accuse you of murder, and then take it unto themselves to beat you to death? No -- we have a judicial system and laws for it to work with.

      --
      Only the dead have seen the end of war.
  63. Just a point of curiosity by Em+Ellel · · Score: 1

    Could RIAA then be sued for downloading their own music from these swappers?

    If they do not download, how do they know it is there and that it is the real music (as opposed to loops)?

    If they do download the music, are they not taking a part in the "crime"?

    If they claim that they have a right to download it because they already own the rights to this music, does that not legitimize the distribution as long as the downloader already owns rights (under "fair use")?

    -Em

    --
    RelevantElephants: A Somatic WebComic...
    1. Re:Just a point of curiosity by Stonehand · · Score: 2

      It does not legitimize the distribution because the distributor in general makes absolutely no effort to limit the downloading to those who do have rights -- and a click-the-button self-endorsement doesn't count because it's hardly reliable.

      --
      Only the dead have seen the end of war.
  64. This is the endgame by mikethegeek · · Score: 5, Insightful

    We've now reached the endgame... When the whole music industry comits mass suicide like Metallica did when filing suit against 300,000 of it's own fans.

    I've been waiting for this to happen, as this will push things to a final resolution.

    BTW, Why can I buy a movie that has been out for 3-4 months for $15-16 on DVD, with extra features, etc, but a 20 year old album costs more than that? I can buy DVD's of older movies for around $10.
    Yet, DVD sales boom. The best anti-piracy protection is reasonable prices. So long as the RIAA engages in illegal, anti-competitive practices (the FTC found them guilty of CD price fixing again), I say they deserve whatever happens to them.

    It's a Mexican standoff... Pirates will pirate from P2P networks, the RIAA won't obey the law.

    If it can be heard, it can be ripped. If it can be ripped, it can be traded. No amount of lawyering can change this, and indeed, the music industry will only become an even greater villian to the average Joe by the attempt.

    Sell CD's for $10. Watch the sales rise. Quit wasting $millions bribing stations to play songs they will play anyway. Watch profits rise...

    --
    === The price of freedom is eternal vigilance
    1. Re:This is the endgame by Zanth_ · · Score: 1

      Do you have a link to both the of the FTC's findings?

    2. Re:This is the endgame by jqpublic · · Score: 1

      Perhaps there is not more DVD piracy right now because most users don't have the bandwidth
      to download full-length movies?

    3. Re:This is the endgame by Anonymous Coward · · Score: 0

      > It's a Mexican standoff...

      Only we ain't got no mexicans!

      El camino... mmhhhhh... Speedy Gonozalez...

    4. Re:This is the endgame by JahToasted · · Score: 5, Insightful
      Sell CD's for $10. Watch the sales rise. Quit wasting $millions bribing stations to play songs they will play anyway. Watch profits rise...

      Actually its not so simple as that. It's a matter of game theory: if you as a record company stop giving the record companies payola, none of yor songs will get played, and your competitors' will. Kind of like the prisoners dilemma, If all the record companies stopped shelling out payola they would all be better off. But if one does it it has an advantage. If you could all agree not to break the law you'd be better off. Of course such an agreement depends on the record companies being trustworthy...

      As for lowering prices, they have no reason to do that. If you really want Britney Spears there is only ONE label selling her "music". so in effect they have a monopoly, so pricing is not dependent on cost but dependent on what the buyer is willing to pay.

      To summarize: The RIAA owns the artists and Clearchannel owns the listeners... music-listeners get screwed twice over. P2P is a loophole to this system. A music listener has to choose between getting screwed or breaking copyright law.

    5. Re:This is the endgame by sadcox · · Score: 1

      There is plenty of bandwidth...try the U.S. Postal Service or walking over to your neighbor's house with a handful of blank CDs.

      The RIAA is missing a very important concept--I would guess that most (I don't have a firm number) music downloaded is done one track at a time. Anyone with an ounce of intellect and the desire to get an entire albulm for free would do so by trading CDs loaded with .mp3 files...10 or so albulms on each CD. This cannot be stopped.

      Why does the motion picture industry make previews/clips from movies readily available? Because they generate interest in the full product, which many people are willing to purchase at a reasonable price. The end user gets value for his purchase by either seeing the movie at a theatre with a huge screen and great sound system, or from buying the DVD with director's commentary, deleted scenes, and special vignettes.

      Now that basically everyone knows the low cost of producing an audio CD, the perceived value is nowhere near the $17 range. The choice now is to find a buddy who has it or buy it at an insane markup.

      I could be wrong, but I don't think many people are taking the time to find and download entire albulms. If nothing else there is too much of a chance of getting a partial or corrupt file.

      --
      "He hated Mexicans, and he was half Mexican. AND he hated irony!"
    6. Re:This is the endgame by jest3r · · Score: 1

      lowering the prices would definately have a positive effect on CD sales ..

      I for one would love to go out and buy a bunch of old Floyd albums on CD however i really dont want to spend hundreds of dollars doing it .. It seems that anything old / not mainstream costs twice the amount of your pre-fab pop 'new releases' ..

      Until the prices come down I will have to stick with the MP3's I have been able to download - and of course listening to originals that I own on Vinyl ...

    7. Re:This is the endgame by mst · · Score: 1
      It's a matter of game theory: if you as a record company stop giving the record companies payola, none of yor songs will get played, and your competitors' will. Kind of like the prisoners dilemma, If all the record companies stopped shelling out payola they would all be better off. But if one does it it has an advantage.

      On the other hand, if this behavior pattern is disadvantageous to the collective, the collective might change pattern.

      So far, the record companies have indeed benefited from the pattern, but that could well change, in particular if they draw too much badwill upon themselves. Which is why I am constantly surprised by their arrogant (or ignorant?) attitude towards online music listeners, a.k.a. their customers.

  65. Someone needs to spread an IIS worm by Idimmu+Xul · · Score: 1

    which shares all the mp3s on a system in a kazaa like manner..

    thatll amusingly screw up alot of the RIAA's law suits..

    RIAA > We're taking you to court for being an anti-american, communistic Bin Laden supporting, bad spelling MP3 k0uri3er!

    Lame NT Admin > I was hacked I tell you.. hacked! I have the MCSE! I know what Im talking about :/

    --
    The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
  66. AOL doesn't have to worry by quantaman · · Score: 2

    focus on individuals who supply the biggest amounts of music...

    The suits could set the company against many users of its own America Online Internet service.


    I don't think AOL users have the bandwidth to download MP3s let alone be the major uploaders!

    --
    I stole this Sig
    1. Re:AOL doesn't have to worry by TheKey · · Score: 1

      True 'dat. I have experienced hell before it, and it is AOL.

      --
      My Journal - 1,337 fans and countin
  67. Definitely won't work by sysadmn · · Score: 2

    They intend to go after high-volume sites with lots of files. Combine this with their plan to flood P2P networks with bogus files, and they'll probably wind up suing themselves! Only the lawyers will profit. Oh wait, that's how the game is played already...

    --
    Envy my 5 digit Slashdot User ID!
  68. How to determine damages by blakestah · · Score: 2

    Here is a formula for determining damages.
    Actual Damages
    Actual Damages and Profits.-The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

    Statutory damages
    In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.

    Oh yeah, they get to impound your computer, too.Copyright law on damages

    Of course, they have to front the money for the lawyer to investigate and pursue you, so you better be worth some $$ to them. I somehow think that the RIAA will pursue statutory damages, as file sharers are not making any cash from the endeavor. It could end up costing the RIAA a lot more to pursue than they will recover from settlements. I guess they are betting their revenues will rise when they knock out the supernodes.

    Somehow I think slashing their prices would be a better idea...

    1. Re:How to determine damages by flonker · · Score: 1

      In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully,

      So, "I'm sorry, I didn't realize that it was copyrighted. I got the files from someone else, and they didn't have the copyright bit set." No way to prove that you did it willfully, and you didn't profit. Then again, IANAL.

  69. Why don't we pass a clause in copyright law? by Anonymous Coward · · Score: 0

    Why don't we just pass a clause in copyright law that states that we can steal whatever MP3's we want. It seems to me the people of the United States have decided that they don't wanna pay for music anymore. We make the laws... only a few people are against MP3, surely a minority. This is a democracy isn't it?

    1. Re:Why don't we pass a clause in copyright law? by Kredal · · Score: 2

      No, it's a representative republic. Unfortunately, the people against MP3s are the ones who can afford the most representation (aka lobbying congressmen)... And that's the part that causes the most trouble in cases like this.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
  70. Ooooohhhhh! by The_Shadows · · Score: 4, Interesting

    But many music executives, watching revenue sag as home compact-disc copying has soared, feel that they have little choice if they are to save their business. World-wide music sales dropped 5% last year, while global sales of compact-disc albums declined for the first time since CDs were launched in 1983. So far this year, U.S. music sales are down steeply from a sluggish 2001.

    Or could it be because people are getting fed up with the latest crap from Britnay Spears and N'sync? I have bought 5 albums in as many years. They were all albums that I knew I would enjoy, start to finish (w/ maybe 1 or 2 songs as exceptions). I didn't buy the same album over, and over, and over again.

    Hell, I download a few songs that I want to hear, but there's no way I'm paying for an album for one song. I know that argument has long been shouted loudly and proudly from our ranks here on /., but I have to say it again. If they would just realize that people WANT digital music that they can download and throw onto a custom CD/MP3 player/etc, then they could give this up now! Yes, there'd still be copying of CDs, and all that, but it would drop. If they have lost revenue because of filesharing, not their own lack of quality, then setting up a system where we can buy ONE song would do wonders for their revenues. They are, bluntly, idiots.

    On a side note, RE: the article, I don't see how they can get someone beyond reasonable doubt. It's a simple matter to give the HD a complete wipe (7 times over, 1s and 0s) and users can just claim that they downloaded a song from Kazaa to hear it before they bought an album. The only way they could truly "get" someone is if the user had perpetually downloaded copies of the same song.

    Anyway, that's my $.02

    Later.

    1. Re:Ooooohhhhh! by taustin · · Score: 1

      On a side note, RE: the article, I don't see how they can get someone beyond reasonable doubt

      They don't need to. That is the standard for criminal conviction. The standard for civil cases is preponderance of evidence, which is to say, the side that presents the more convincing story. Much easier to meet. Especially when you can afford lots of lawyers and expert witnesses.

    2. Re:Ooooohhhhh! by swillden · · Score: 2

      On a side note, RE: the article, I don't see how they can get someone beyond reasonable doubt. It's a simple matter to give the HD a complete wipe (7 times over, 1s and 0s) and users can just claim that they downloaded a song from Kazaa to hear it before they bought an album. The only way they could truly "get" someone is if the user had perpetually downloaded copies of the same song.

      I think you've got it backwards. The people who are infringing on the copyrights are the ones who are sharing the music, not those who are downloading it. The computers of the sharers are creating the copies, and it's the act of copying that is illegal.

      There may be a way to go after the downloaders as well, but, as you point out, it's hard to prove someone has downloaded something. It's much easier to prove that someone has shared something (just download it from them). And the RIAA doesn't have to go after both sides. If they can scare people enough to make them stop sharing music there won't be any available for download.

      Of course, they're doomed to failure no matter how they go about it, as has been well and thoroughly explained in many /. posts.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  71. Metallica proved this foolish/encryption? by mikethegeek · · Score: 3, Interesting

    That suing your customers is NOT good marketing...

    Anyone care to speculate how hard it'd be to graft some sort of encryption into Gnutella? Stuff that deliberately obfuscates IP addresses, etc, at least enough to make it hard to identify users?

    BTW, wouldn't breaking such encryption be a DMCA violation?

    --
    === The price of freedom is eternal vigilance
    1. Re:Metallica proved this foolish/encryption? by scott1853 · · Score: 2

      Metallica was stupid because Lars personally got into the mix instead of letting his bosses at the RIAA handle it. Somehow Lars thought that he had become a role model and a genius after 20 years of banging on a dozen cylidrical objects.

      On a more technical note, I'd really like to know how you could encrypt the IP addresses. The NIC and routers still need to know where to send the packets. On W2K just run Netstat and it'll tell you who you're connected to.

    2. Re:Metallica proved this foolish/encryption? by mikethegeek · · Score: 1

      "On a more technical note, I'd really like to know how you could encrypt the IP addresses. The NIC and routers still need to know where to send the packets. On W2K just run Netstat and it'll tell you who you're connected to."

      Is there any reason why anything but your Gnutella client need know your IP address? Why can't the client generate (at random) some sort of unique number that is used on the P2P network to route packets?

      I know I'm a bit ignorant here, so please pardon the question.

      --
      === The price of freedom is eternal vigilance
    3. Re:Metallica proved this foolish/encryption? by Ricofencer · · Score: 1

      Hey, if it's encrypted, wouldn't decryption of the material be a violation of the DMCA? Yeah, I own the copyright to any packet generated by my computer. Any measures taken to discover the contents of the packet are a violation of my protections under the DMCA. I wonder if that would work.

    4. Re:Metallica proved this foolish/encryption? by mikethegeek · · Score: 1

      "Hey, if it's encrypted, wouldn't decryption of the material be a violation of the DMCA? Yeah, I own the copyright to any packet generated by my computer. Any measures taken to discover the contents of the packet are a violation of my protections under the DMCA. I wonder if that would work."

      Nah. The RIAA/MPAA didn't spend millions buying that law just to let any mere PESANT use it! ;)

      it's a very nice idea though. It's great as a "thought experiment" showing just how absurd the DMCA's broad protection is.

      --
      === The price of freedom is eternal vigilance
    5. Re:Metallica proved this foolish/encryption? by scott1853 · · Score: 2

      The networking layer of the OS needs to know this information so it can actually send the packets off to where they need to go. And each router the packet passes through needs this information to send it on to the next router and so on until it reaches it's destination. The routers won't understand the random numbers scheme and therefore won't know where to send the data.

    6. Re:Metallica proved this foolish/encryption? by Kredal · · Score: 2

      The P2P message traffic still goes over TCP/IP. Even if the supernode you're attached to has some made up number for you, it still needs to have some way to translate that into an IP address so the movie/mp3 you're downloading can get routed over the internet to you.

      That translation table would be what the RIAA goes after, as soon as they see that you're given a random user number from the P2P service.

      --
      Whoever stated that signature sizes should be limited to one hundred and twenty characters can just go ahead and kiss my
    7. Re:Metallica proved this foolish/encryption? by Anonymous Coward · · Score: 0

      Okay time for a little OSI. Gnutella works at the application/presentation layer, up towards the top. It has no affect on the bottom 3 layers, network, physical and transport. The network layer needs to know where to route things, that's what IP addresses are for.

    8. Re:Metallica proved this foolish/encryption? by flonker · · Score: 1

      Despite what everyone else said here, it would be possible to hide your IP. Route through a random number of third parties, and there's no way to prove who the final recipient is. Look up the Crowds project at ATT Research for a better explanation.

    9. Re:Metallica proved this foolish/encryption? by hazyshadeofwinter · · Score: 1

      Or run all traffic through an encrypted layer on top of IP. Each machine knows its own "magic number", but nobody else's... so it works like this:
      1. Alice sends a search packet looking for "Foobar Blooze.mp3, send to #666.420."
      2. Bob (& possibly other hosts) respond, sending the file out to all connections. Only those that know the secret number 666.420 need save the data.
      3. If Alice wants another search, she can discard #666.420 and come up with another, evil-drug-influenced secret number.

      Granted, this system would be fscking horribly slow, Alice2Bob on a fat t1 would be like Gnutella on dialup, but it could be implemented securely & anonymously. Come to think of it, isn't this broadly similar to how Freenet works today?

      --
      Click here if you just like to click on shit.
  72. Well... by DigitalHammer · · Score: 1

    If try to sue file-swappers by linking them with their IPs, all DSL users will need is a static IP. (Though I think RIAA can go a step further to get over this hurdle).

  73. Just include a warning file by sameb · · Score: 3, Interesting

    IANAL, but wouldn't a shared warning file protect you?

    Have it say something like, "By downloading files from my computer, the recipient agrees not to press charges resulting from the contents of the file."

    Hell, it's about as legal as a EULA.

    1. Re:Just include a warning file by Peyna · · Score: 2

      If "downloading the file" is illegal, then they (and you) can't be held to the agreement. Determining the legality of their downloading of the file / you uploading the file would be the important part.

      --
      What?
    2. Re:Just include a warning file by sameb · · Score: 1

      If downloading the file is illegal, then isn't it impossible for them to determine if the user is allowing downloads of illegal content?

      If the response is that "they can just see if you're sharing files, they don't need to download them", then just alter the words of the 'warning' file to say "By viewing available downloads..."

    3. Re:Just include a warning file by Peyna · · Score: 2

      Breaking and Entering is illegal to, but not if you have a search warrant. =]

      --
      What?
    4. Re:Just include a warning file by Anonymous Coward · · Score: 0

      I doubt that the RIAA would be able to get around 10-20 million search warrants.
      That is how many they would have to get to find out who the big fish are.

    5. Re:Just include a warning file by sameb · · Score: 1

      Yes, a search warrant would render this null. But, search warrants must be issued, and to be issued, there must be some evidence that wrongdoing is going on.

      If you give them a message that it is illegal to prosecute based on their using the material you provide, then they cannot obtain a search warrant, because their reason for doing so would be to circumvent the warning.

      Because digital streams have no real way of asking, "Are you a cop, or do you plan to use this material against me?" and recieving an answer, they must suffice with a warning, expecting the user to read it. If the person "says no", and proceeds anyway, it's a form of entrapment.

  74. The Question I have... by CrazyDuke · · Score: 1

    Can the RIAA pull a BSA sue me for mp3's of foriegn music? That's the vast majority of what I have. I find current American music to be, umm, slightly lacking. Maybe I'm starting to get old. ;P

    --
    Any sufficiently advanced influence is indistinguishable from control.
  75. Taco's got balls! by anthony_dipierro · · Score: 2

    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

    First you tell us to play nice with Microsoft, then you come out publically against copyright infringement. Taco, you rock (even if I don't agree with you).

  76. Their might be some logic in this by unicron · · Score: 2, Interesting

    Not wanting to get into a moral debate on this issue, I can say I do understand where the RIAA is coming from with this way of thinking. I recently read somewhere that it's believed that 90% of all files that flow through a p2p program come from the same 50 or so individuals. I wish I could remember the link but apparently they found some guy using kazaa that had roughly 600 gigs of divx quality bootleg movies on his computer.

    --
    Finally, math books without any of that base 6 crap in them.
  77. Laughing... by pavera · · Score: 0, Flamebait

    Ok, so even if they start to try to sue people, how exactly are they going to go about this? maybe they come to my house, I blame it on my roommate, he blames it on me, how are they going to know which of us is the bad guy? wait, I have 15 people using my IP address NATed wirelessly through my apt complex. Are they going to sue me because its my internet connection? Am I supposed to be able to monitor/block all traffic that my friends and neighbors use? How are they going to know who is uploading the music? I don't log anything... and my ISP can't tell exactly what computer its coming from inside my network... Never gonna work

    1. Re:Laughing... by /dev/trash · · Score: 1

      in a word yes. They will sue all 15 people and they will point to you. Sorta like when some one is busted for drugs....

    2. Re:Laughing... by pavera · · Score: 1

      Ok, so if the cops come do a drug bust on my neighbors I'm somehow implicated??
      Furthermore, according to your logic, all ISPs are now legally liable for things their subscribers download. Highly doubtful. Granted ISPs have their little acceptable use policies and all that, but as a son of a lawyer, I know that most contracts of that sort hold very little water in decreasing liability. So I say a big WHATEVER to your comment. Furthermore, according to your logic, a hacker could now hack into MS's network download a bunch of illegal music/movies, blame it on MS and take them down, because they provided the access.

    3. Re:Laughing... by /dev/trash · · Score: 1
      My drug bust reference was not saying that if your neighbor gets busted you get implicated. It means that if you get busted, as a small time dealer, the state is going to offer you a deal, because really, getting one small time dealer off the street is a waste. So they want your dealer's dealer.

      Your MS analogy is flawed, since in the original post I assumed that access was permitted and allowed. What you are stating here is an illegal entry in a system.

      You ISP point is also flawed, as again I am assuming the 15 people downloading are doing so from a friend and not a ISP. if it weren't for the access the 15 had, they'd not be downloading ( well they would but stick with me), and because of this the RIAA will want to get the bigger fish. it'll make bigger headlines if it's "Joe Public was busted for providing bandwidth to 15 people" than if it's "15 people busted for swapping".

  78. Geeze! by night_flyer · · Score: 3, Interesting

    World-wide music sales dropped 5% last year, while global sales of compact-disc albums declined for the first time since CDs were launched in 1983. So far this year, U.S. music sales are down steeply from a sluggish 2001.

    Name one GOOD album that was released this year (Mainstream please)! I cant think of ONE MP3 that I have downloaded that was released in the last two years...

    put out a quality producat and people WILL buy it, music today is like the "K-car" or the 80s... no soul...

    --


    Thanks to file sharing, I purchase more CDs
    Thanks to the RIAA, I buy them used...
    1. Re:Geeze! by TheShadow · · Score: 1

      Plus the economy sucks right now. Maybe people are just not spending money on CDs.

      --

      --
      "What do you want me to do? Whack a guy? Off a guy? Whack off a guy? Cause I'm married."
    2. Re:Geeze! by dogbowl · · Score: 1

      Trey Anastasio's latest album was pretty good, IMO.

      and Wilco's latest too (even though that was recorded last year).
      I've heard tracks from both on the radio, so I guess thats makes them mainstream.

      --

      These pretzels are making me thirsty.
    3. Re:Geeze! by nathanh · · Score: 2
      Name one GOOD album that was released this year

      Tenacious D.

    4. Re:Geeze! by autechre · · Score: 2


      First of all: why mainstream? But if you must:

      Gorillaz, "G-sides"
      Badly Drawn Boy, "About A Boy"
      Ed Harcourt (well, more mainstream in the UK than the US)

      All of these are good CDs, and the Badly Drawn Boy album is really excellent all the way through (and as a soundtrack to a Hugh Grant movie, about as mainstream as you can get). Let's not forget the gems that bands like Radiohead and Tool release on a regular basis.

      Since you didn't specify what sort of music you think is "GOOD", I can't really give you a better list.

      --
      WMBC freeform/independent online radio.
    5. Re:Geeze! by night_flyer · · Score: 2

      Why mainstream? because that is what is played on the radio (mostly) and that is what the majority of the people listen to. You or I buying radiohead wont make a dent in the RIAAs final numbers, its the people thet buy Brittney Spears and BSB that make up their numbers.

      --


      Thanks to file sharing, I purchase more CDs
      Thanks to the RIAA, I buy them used...
  79. GOOD! by flacco · · Score: 2
    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

    Amen to that.

    Yes, RIAA sucks ass.

    Yes, RIAA "exploits" its "artists".

    Yes, the typical RIAA lawyer has the cold, dead eyes of a killer.

    But if they have a problem with the actions of fileswappers, then go after the fileswappers. Do your best. But KEEP YOUR FILTHY FUCKING UNPRINCIPLED MITTS off my consumer electronics and P2P software.

    --
    pr0n - keeping monitor glass spotless since 1981.
  80. FreeNet? by tbmaddux · · Score: 5, Interesting

    They sued Napster, it pushed people to true P2P networks like Gnutella. Now they go after the people on the networks, won't this just push people to something like Freenet? (Freenet masks users and files so it'd be more difficult to target specific people for trading specific things)

    --
    Can't you see that everyone is buying station wagons?
    1. Re:FreeNet? by anthony_dipierro · · Score: 2

      Despite what the makers of Freenet say, they don't have to prove that you were the one who initially put up the file in order to sue you. By uploading the file (even indirectly), you are breaking the law, and unless you're registered as an ISP under the DMCA, ignorance is no excuse.

    2. Re:FreeNet? by carpe_noctem · · Score: 1

      Unlikely. Until freenet becomes even partially usable, I don't see it being a reasonable P2P network for filesharing. Too many leeches and not enough people willing to donate bandwidth.

      --
      "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
    3. Re:FreeNet? by BitterOak · · Score: 2
      Despite what the makers of Freenet say, they don't have to prove that you were the one who initially put up the file in order to sue you. By uploading the file (even indirectly), you are breaking the law

      Only if you know what it is that you're uploading. In Freenet, the intermedaries only see encrypted versions of the files and have no idea what they're storing/transmitting. That's the whole point.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    4. Re:FreeNet? by anthony_dipierro · · Score: 2
      By uploading the file (even indirectly), you are breaking the law.

      Only if you know what it is that you're uploading.

      I don't think that's true. You don't have to have direct knowledge that the file you're uploading is copyrighted in order to be charged with copyright infringement.

    5. Re:FreeNet? by Sanity · · Score: 3, Insightful
      By uploading the file (even indirectly), you are breaking the law,
      If, by "uploading", you mean "inserting", it is extremely unlikely that the RIAA would control one of the 5 or 6 essentially randomly selected nodes that your insert would pass through - and even if they did, they would have no idea who instigated the insert.

      I don't know what your legal background is, however the following quote from an LA Weekly article might shed some light on the situation:

      Clarke designed Freenet's anonymity and encryption features specifically to protect users against legal liability. Special Agent Ramiro Escudero, an FBI spokesperson, says Clarke's scheme "might possibly" work. The argument would go like this: Someone left a locked suitcase in my closet. I can prove it doesn't belong to me, I can prove I don't have a key, I can prove I have no idea what's inside it -- all I did was agree that it could be left with me. "According to this scenario," cautions Escudero, "it would not appear that you would be criminally liable, but it's always case by case."
    6. Re:FreeNet? by anthony_dipierro · · Score: 1

      "According to this scenario," cautions Escudero, "it would not appear that you would be criminally liable, but it's always case by case."

      The RIAA is not suing criminally. Civil law has a much lesser standard. Yes, you can prove that you are not the copyright infringer (actually, you can't prove that), but you are still guilty of contributory copyright infringement.

    7. Re:FreeNet? by Anonymous Coward · · Score: 0

      If there was reason to believe that the suitcase might be harmful, though, e.g. if there had been a rash of suitcase bombings recently, your failure to require identification of the person who left the suitcase could be considered both reckless and contributory to any ensuing damage. Your analogy does more to bolster the "Freenet should be shut down" argument than the "Freenet saves the world" argument.

  81. scary++ by carpe_noctem · · Score: 2

    I don't know about all of you, but all the lawsuits that the RIAA is waging is a clear indication to me that these people are loaded with too much money and not enough competition. Record labels are the only people that stand to lose profits from fileswapping; the arguements about the poor starving artists are essentially illegitimate. That being said, I think it's time to work on more shameless p2p protocols. ;)

    --
    "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
  82. Countersue by mikethegeek · · Score: 3, Interesting

    On the basis that the RIAA has been found guilty by the FTC of price fixing, AGAIN... It would at the very least make things a little less black and white...

    And might sway a jury.

    Remember, in the USA, jurors have the right of "jury nullification", to judge that the criminal is the LAW in question, not the accused...

    --
    === The price of freedom is eternal vigilance
    1. Re:Countersue by Balagan · · Score: 1

      This is exactly what is needed. Just need some deep pocketed legal defense/legal action fund to back up those that are taking the fight right back at the RIAA.

      One countersuit wont do anything much, but a few thousand could do some damage.

    2. Re:Countersue by GigsVT · · Score: 1

      Jury nullification is mostly a myth. Judges specifically instruct jurors on the interpertation of the law, and do not allow anyone to mention the option to them. This has happened before and stood up on appeal, more than once IIRC.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    3. Re:Countersue by rmjiv · · Score: 1

      This brings up an interesting question...

      Why are the so many of these recent legal decisions not jury decisions but judge decisions?

      Of course, IANAL, but if I was 2600, Napster, etc, I think I would ask for a jury trial. I'd think they'd have a better chance of convincing Joe Citizen that they're not breaking the law than a Judge.

      Is there a legal reason that these haven't been jury trials, or have the parties agreed to Judge decided trials?

      Just a thought...

      --
      She came sliding down the alleyway like butter dripping off of a hot biscuit.
  83. Simple solution by dbc001 · · Score: 1

    My response to any lawyerdom: "I legally own all of the music that I have stored on my hard drive, and will be prepared to produce receipts and/or the actual CDs for the majority of them (excluding those that might be floating under the seats of my car). I will gladly prove this in a court of law."

    If you get a subpoena, all you have to do is hit a few used record shops - definitely a lot cheaper than trying to fight it otherwise. A few hundred bucks and the RIAA has nothing on ya.

    So then you might expect the RIAA to say, "but you were sharing them online, therefore distributing them illegally". au contraire, mon shitheads - those files were taken from my computer - i did not actively participate in their distribution.

    -dbc

    1. Re:Simple solution by Anonymous Coward · · Score: 0

      Reciepts typically have dates on them.

    2. Re:Simple solution by Ricofencer · · Score: 1

      Don't produce the receipts, make them come to court and produce the physical CDs. Heck, even borrow them for the court appearance. Well, I guess you'd have to have them 'gifted' to you so they would be yours and you wouldn't be perjuring yourself by claiming ownership and free use rights.

    3. Re:Simple solution by Anonymous Coward · · Score: 0

      Yes you did. You made them available. What possible reason could you have for making them available for download other than for that purpose? It's simple: Don't share them! If you're sharing them, the reason is so that others can get at them.

    4. Re:Simple solution by dbc001 · · Score: 1

      My point was that sharing files is the equivalent of leaving a box on your doorstep full of old cds or books, maybe with a message that says "please return materials when your finished". In both cases, participation is passive, not active. If I leave property (intellectual or otherwise) in a publicly accessible place, you can't hold me responsible when someone else takes it. Of course, if that property happens to be music, the "thief" may already own the music in a different format, further complicating matters.

      -dbc

  84. I am that poor student by DinZy · · Score: 1

    I have to take out loans in order to feed myself and would definately have not bought most of the tunes I download. Many of them I delete after listenning to them once. Would it make any sense for me to spend 18 bucks on something I would end up throwing away?

    Their prices are too high and their product is usually too shitty

  85. libraries are also the targets by jc42 · · Score: 5, Insightful

    > How is offering them over napster servers any more illegal then what a library does?

    Here and there in the midst of all this discussion, I've occasionally run across an estimate from the publishing industry that each book sold is read on the average four times. One of their interests is cutting this number down and making people pay for the books they read.

    Now, I have very few books that I've ever loaded out to anyone, and I doubt if any of my couple hundred books have been read by three other people. So where could all these extra readers be coming from?

    Right. Libraries. The publishing industry doesn't make much of a public fuss of it, but one of the goals that they are starting to consider reachable is using the growing copyright restrictions to shut down public libraries. In the eyes of publishers, libraries are nothing but open copyright violations. All the arguments being made about "piracy" apply directly to libraries.

    In the 1800's, the development of the public library system was one of the really significant advances in public education. We are seeing an attempt to end this social experiment, and to restrict education to those who can afford the publishers' price.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    1. Re:libraries are also the targets by SN74S181 · · Score: 3, Insightful

      An excellent way for the publishers to shut down the libraries would be to encourage the trend to shove them full of PCs and Internet Terminals, and cut back on the book purchasing budget.

      Once the Library is just a terminal room, what's the use in continuing to have it?

    2. Re:libraries are also the targets by foobar104 · · Score: 2

      In the eyes of publishers, libraries are nothing but open copyright violations. All the arguments being made about "piracy" apply directly to libraries.

      Can you post one single source for this information? One out-of-context quote from an exec at Random House? Anything?

      No personal offense intended, but your post sounded pretty made-up. I'm not accusing you of anything; I'd just like to know where you get these unusual ideas.

    3. Re:libraries are also the targets by Crusty+Oldman · · Score: 4, Funny

      I keep wondering how much longer it will take for somebody out there to realize that the author of the copyright clause in the US Constitution was also the guy that created the first free book lending library.

      Oh shit! How we gonna mod this one down?

    4. Re:libraries are also the targets by Jaysyn · · Score: 1

      Search /. it was a discussion on here some months ago...

      Jaysyn

      --
      There is a war going on for your mind.
    5. Re:libraries are also the targets by Anonymous Coward · · Score: 0

      Just because many people think that given an action you will soon reap the specific reward that you're after, doesn't make it more true. What in your life turned out the way you expected?

      I rest my case. We can only hope everything turns up alright in the end, it usually does. Life's just too full of surprises, and that's really a fun thing!

    6. Re:libraries are also the targets by Anonymous Coward · · Score: 0

      yeah! shutting down libraries is a very stupid thing. That would remind me we need a new social
      model and laws to increase culture without let
      artists starving... Maybe we would pay only
      shows, and music should be free and more, Govern
      should take care of producing cds.

    7. Re:libraries are also the targets by scharkalvin · · Score: 1

      Lets see about this. Most libraries in this country are Public, owned and operated by local, county, state, or federal governments. Let's see the publishers try and sue the government. You can only sue the government IF THEY LET YOU! (Or if a higher court such as federal vs state lets you.) I think the publishers would have a snowball's chance in hell here.

    8. Re:libraries are also the targets by martyn+s · · Score: 1

      That's actually the whole point of copyright. Contrary to popular belief, copyright isn't "incentive" or motivation. A person's motivation for creating art (any book/film/music, etc.) is his passion for that art. Copyright is just a way of financing him. It's to make sure we don't have talented people out there who would've made valuable art, but didn't because they had to keep a day job. Copyright isn't supposed to motivate people through dreams of becoming rich, because such dreams never lead to good art. Inspiration leads to good art, and, in fact, many studies indicate that excessive rewards lead to less creative work. motivation

      So there is a very effective social model that can increase culture while still providing an income for artists. Have the copyright end after 12 years. It's that simple.

      Overall, on average, art only makes 10% of it's revenues after those 12 years.

    9. Re:libraries are also the targets by LoFat+ByLine · · Score: 1

      As requested, here is a single source.

      Most of the anti-library rhetoric coming out last year originated from Judy Platt, spokeswoman for the Association of American Publishers.

    10. Re:libraries are also the targets by hashashin · · Score: 1
      > Now, I have very few books that I've ever loaded out to anyone

      I too have very few books I've loaned out. People usually don't give them back. :(

      I can only hope that they give the book to someone else who wouldn't have read it otherwise.

    11. Re:libraries are also the targets by discogravy · · Score: 2

      I bet if people read more they'd probably....no, they'd skip over that part too. Nobody reads the EULAs, not even^H^H^H^H^H^H^H^H especially not laws

    12. Re:libraries are also the targets by hazyshadeofwinter · · Score: 1

      The publishers have a hidden agenda behind their hidden agenda, though: When reading books is outlawed, only the kool kidz will read books.

      --
      Click here if you just like to click on shit.
    13. Re:libraries are also the targets by drj11 · · Score: 1

      I've said this before but I'll say it again. Every time a book, CD, DVD, Video is borrowed from a public library the library pays a government sponsored organization (in the UK and US, other countries are similar) a small amount. At the end of the year, the big pot is divided up amongst signed up artists/writers/directors according to how popular they are (or some other method). Basically, the RIAA cannot whinge about libraries; they already get their cut.

  86. Time for Peer-to-Peer Proxy by Anonymous Coward · · Score: 0

    Has someone devleoped a peer-to-peer Proxy chain yet? Build a non-logging Proxy server into the P2P apps, then let the user choose how many hops to 'chain' the Proxy. You real IP address never shows up on P2P networks (or anywhere else for that matter). The IP of the last person in the Proxy chain shows up. Since this is merely forwarding traffic somewhere else, the person hosting the Proxy didn't do anything more than host a service. Everyone's IP address on P2P points to someone else. It would be impossible to track.

  87. I for one have had it by Anonymous Coward · · Score: 0

    Two weeks ago I had exactly one pirated mp3. But when somafm shut down, I got mad. I got an 80 gig hard drive and had some friends fill it up with pirated mp3s. I've got enough music for quite a while now.

    I've purchased my last CD. I feel for the artists, but by their silence they're supporting an industry that makes professional boxing look upstanding.

    LAN parties. WiFi nets. Face it, all you slime who have profited so handsomely by prostituting musicians, the party's over. You can't run a business by treating both your clients and your customers like shit anymore.

    1. Re:I for one have had it by nege · · Score: 1

      I completely agree. Vote with your wallet. I have not bought a CD in 6 months or more, and dont plan to AT ALL. I just got an 80GB HD last weekend myself.... ;)

  88. Six simple steps to win the lawsuit by Big+Toe · · Score: 4, Funny

    1. Notified of lawsuit against you
    2. Drive to local music store
    3. Buy CDs of songs downloaded
    4. Show up to court
    5. Laugh in face of RIAA as they accuse you of stealing what you already own
    6. Yawn.

    1. Re:Six simple steps to win the lawsuit by Anonymous Coward · · Score: 0

      7. keep all your illegal MP3s on an encrypted partition, so when the Sheriff comes to take your PC away they won't find anything on the disk.

      8. when the judge orders you to cough up the password, get memory problems.

    2. Re:Six simple steps to win the lawsuit by Ricofencer · · Score: 1

      I wonder if you could be compelled to surrender the password, it should be protected by the 5th Amendment. Just try to compel me to incriminate myself.

    3. Re:Six simple steps to win the lawsuit by Anonymous Coward · · Score: 0

      9. Learn how to live without your computer as it is held as potential evidence indefinately. Your ancestors did it, so you can do it too!

    4. Re:Six simple steps to win the lawsuit by Anonymous Coward · · Score: 0

      I wonder if you could be compelled to surrender the password

      They can hold you indefinitely in contempt of court for failure to handover the password.

      Besides, they would prolly do something like
      1) download a directory listing from your P2P service
      2) download a bunch of test files
      to get preliminary evidence. Your honor, we identified 2500 titles, and successfully downloaded 100 of them before filing this lawsuit and confiscating the computer.

      Even if the hard drive is wiped clean, you'll prolly be hosed.

      it should be protected by the 5th Amendment. Just try to compel me to incriminate myself.

      This is civil, not criminal law. They CAN and WILL compel people to testify about their involvement in copyright infringement.

      Set up anonymous proxies without log files. Be safe.

    5. Re:Six simple steps to win the lawsuit by Anonymous Coward · · Score: 0

      That doesn't save your ass from copyright infringement, because they're going after people who share the most you'll still be distributing the music.

    6. Re:Six simple steps to win the lawsuit by Henry+Stern · · Score: 2

      7. Eat crow when you realize that you will have to show the receipts for them. Think that's silly? Tell that to the BSA. When they file suit, they require you to show your invoices to prove that you didn't buy the software after the charges were laid.

      Stupid.

    7. Re:Six simple steps to win the lawsuit by GrandCow · · Score: 3, Insightful
      1. Notified of lawsuit against you
      2. Drive to local music store
      3. Buy CDs of songs downloaded
      4. Show up to court
      5. Laugh in face of RIAA as they accuse you of stealing what you already own
      6. Yawn.
      7. Countersue for court costs (including the costs for all the CD's you had to go out and buy)
      8. Point pinky to edge of mouth
      9. Laugh evily.
      --
      "Well kids, you tried your best, and you failed. The lesson is, never try." -Homer Simpson
    8. Re:Six simple steps to win the lawsuit by Kaz+Riprock · · Score: 1

      7. ... 8. Profit! Sorry...had to do it.

      --
      Mordor...a magical, mythical land where women are more rare than dragons--but where every man would rather find a dragon
    9. Re:Six simple steps to win the lawsuit by GrandCow · · Score: 1

      (Score:3, Insightful)
      Insightful??? Ah c'mon people, lighten up! That should have been +1 funny, not insightful.

      --
      "Well kids, you tried your best, and you failed. The lesson is, never try." -Homer Simpson
    10. Re:Six simple steps to win the lawsuit by radja · · Score: 1

      careful... they might just label YOU insightful.. ;) //rdj

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
  89. Bury them in proof, nice programming exercise. by supabeast! · · Score: 3, Informative

    So what if everyone out there has an mp3 of random backround noise listed as a hit song? Or even better, what if we all have ten, twenty, or even 100 hit songs? If the RIAA wants to go after users, shut the RIAA down by making them find so many copies of barking dogs, farting babies, and happy birthday listed as Eminem and Moby that lawyers and staff get wasted working around the false hits and it costs too much to keep up. Someone could even create a program to create random tracks from libraries of samples.

    The downside of course, is that filesharing users would get sick of downloading garbage files, but then again it also might push people to start using P2P for legit purposes...

    1. Re:Bury them in proof, nice programming exercise. by Scrameustache · · Score: 1

      Well, the RIAA apparently has started doing that on its own, so we don't need to.

      Ain't that nice, the left hand doesn't know its in the right hand's way! :)

      --

      You can't take the sky from me...

    2. Re:Bury them in proof, nice programming exercise. by Anonymous Coward · · Score: 0
      If the RIAA wants to go after users, shut the RIAA down by making them find so many copies of [. . .] happy birthday

      The song "Happy Birthday to You" is copyrighted. Unauthorized performance or reproduction is a violation of federal law.

    3. Re:Bury them in proof, nice programming exercise. by asteinberg · · Score: 1
      The downside of course, is that filesharing users would get sick of downloading garbage files, but then again it also might push people to start using P2P for legit purposes...

      It seems that you're understating this downside a little bit. You're suggesting a way to undermine the RIAA by helping them far more than their lawsuits would ever help themselves. Essentially, you're saying "you can't kill us if we've already killed ourselves" - great, so now the RIAA wouldn't have to kill us, the P2P networks would be useless anyway.

      Of course, if you're suggesting that P2P networks have legal uses beyond downloading copywritten music, fine, then I guess you're right - people using the service for legal purposes would be unaffected. However, these people would be unaffected by the RIAA's actions anyway, so what would you gain by helping the RIAA fuck with illegal users?

      --
      The first ever Ultimate Frisbee video game: here (now
  90. So? by Anonymous Coward · · Score: 0

    Whats wrong with suing criminals? Aslong as I can swap non-copyrighted material I don't care, as a matter of fact I think it's good, music authors should be paied for their work.

    1. Re:So? by martyn+s · · Score: 1

      Well, to me, the real problem here is that too many things are copyrighted that shouldn't be. I believe anything older that 12 years should be public domain. That's not just my being cheap, that is my moral position.

  91. Re:Gaaah! FUD from hell by tempest303 · · Score: 2

    what would YOU call Kazaa, then?

    A for-profit "sharing" outfit?

    Somehow I don't think that the kind of "sharing" that goes on 90% of the time on p2p networks is the kind of "sharing" your mom taught you was good.

    How about "for-profit copyright-violation outfit"? :P

  92. Out of business is the key. by Anonymous Coward · · Score: 0

    The end result will be the same as trying to use a shotgun against an infection.

    The host will die. And perhaps rightly so. The fact that "musical art" has become big business has taken all of the art out of it.

    In the long run, this could be good for the true artists being buried in the stack of Brittany Spears packaging.

    Won't the quality of the music be better if people start making music for the pure joy of it? There'd still be money in live performances too.

  93. Alright! by Apreche · · Score: 2

    I hope they try to sue me. I mean, my college will get me, because I'm technically breaking their rules by file sharing. But I really hope the RIAA sues me. It'll give me a chance to say all the crazy stuff I like to say in court. Also, if they order me to say, stop sharing, I'll do it anyway. It's really hard to win a fight against someone who brings companies to court. But as an individual I've got nothing to lose. I'll fight tooth and nail to the bitter end.

    --
    The GeekNights podcast is going strong. Listen!
  94. Stamp out the big ones... by Dalcius · · Score: 1

    ...and the network of P2P will just become more distributed.

    e.g. P2P clients that only share a few files.

    This is just off the top of my head, but I'm sure you can find ways to make the entire P2P community blessed with bandwidth share everything nearly evenly. What are they going to do, bring every cable/dsl/campus P2P user into court?

    --
    ~Dalcius
    Rome wasn't burnt in a day.
  95. Create your own MP3's by sdjunky · · Score: 1

    Those on the file sharing services need to make their own Mp3's.

    Change the name to something like
    Brtny Speers newest hits
    so it's not trademark infringement and in the mp3 put how they just STOLE YOUR COPYRIGHT material and that their IP has been logged. This way you're playing the same game they are

  96. cat and mouse idea by carpe_noctem · · Score: 1

    Maybe someone should write a script that goes out, finds a bunch of music titles, and touches files on your hard drive...that is, make a bunch of "fake" music, that doesn't actually take up any hard drive space. So you run the script, it searches the billboard top 40 charts or whatever, then you get:

    brittany_spears-track01.mp3 (0k)
    brittany_spears-track02.mp3 (0k)

    So suddenly, you have thousands of "illegal" mp3's, and essentially everyone becomes a supernode without actually providing any harm to P2P systems (given that you could block out all 0-length files). I dunno...just an idea.

    --
    "Quoting famous computer scientists out of context is the root of all evil (or at least most of it) in programming." - K
  97. Who needs RIAA? by stuuf · · Score: 0

    all they do is sue people. Why don't teh artists just distribute music over the internet or sell their own cd's and make money on action figures?

    --

    Everyone is born right-handed; only the greatest overcome it

  98. Here's where it gets ridiculous. by swaic · · Score: 2, Interesting


    Whenever you purchase (legally) a CD, DVD, VHS, etc., you have a right to make one copy for backup purposes. What happens if your original gets stolen (as one of my CDs was) or gets destroyed in fire, etc.? The backup copy that you have is yours to own legally.

    Now not too many people keep receipts for small purchases for long after the purchase. At that point, armed only with a copy of a music CD, DVD, etc. and your word, you'll have to battle a mega corporation which will insist that you are a thief and stole the music. Guess who will win?

    How can the little person ever win? Anyone care to extrapolate on this a little.

    1. Re:Here's where it gets ridiculous. by anthony_dipierro · · Score: 2

      Whenever you purchase (legally) a CD, DVD, VHS, etc., you have a right to make one copy for backup purposes.

      Wrong. You only have a right to make a backup for software unless you are a libarary.

    2. Re:Here's where it gets ridiculous. by sabat · · Score: 1

      Whenever you purchase (legally) a CD, DVD, VHS, etc., you have a right to make one copy for backup purposes. Wrong. You only have a right to make a backup for software [cornell.edu] unless you are a libarary [cornell.edu].

      You're both wrong. The copyright law says nothing about how many copies you're allowed to make for your own use. You can make a billion copies if you want.

      It does concern what you do with them. But don't confuse your average bogus EULA's assertions with the current US law, no matter how broken the law may be. (Broken as in it still treats the intangible as physical property.)

      --
      I, for one, welcome our new Antichrist overlord.
  99. Laws are only good when followed. by theRiallatar · · Score: 3, Insightful

    I'm not quite sure who said it, but when the vast majority of people disobey specific laws, those laws become unenforceable due to the sheer amount of effort needed to curtail offenders.

    Look at prohibition as an example. The government tried to make alcohol illegal, but due to the overwhelming amount of people who simply ignored those laws and continued to consume it anyhow, it was eventually repealed when they discovered just how much effort would have to be put into stopping offenders. Similarly, music trading will never be stopped, simply because people will move between media as necessary, even going so far as to design an anonymous program which does not allow the tracking of IPs or other identifying sources.

    Oh, and don't forget the good old days of searching through websites for mp3's.

  100. basicly by Anonymous Coward · · Score: 0

    1) they get your IP address.
    2) they call your ISP.
    3) if (!yourIsp.isCool()) goto 7
    4) your ISP tells them to get stuffed.
    5) they go to court
    6) they come back with a suppoena
    7) your ISP gives you up
    8) they call Federal Marshals
    9) they come to your house with search/arrest warrents
    10) they arrest you for copyright violations/wire fraud
    11) they trash your house and take your computer
    12) to go to jail
    13) you do not collect $200

    1. Re:basicly by azadism · · Score: 0

      basically, they, the RIAA, dropped the soap and are making us pick it up. Watch your back side!

  101. Seems right..... by Kichigai+Mentat · · Score: 1

    The RIAA shouldn't be attacking P2P like Napster, which claims to have supported small artists, or KaZaA and Morpheus. When those P2P programs were in their hay-day, they had upwards of a million people on the servers, with hundreds of gigabytes of files being shared. The RIAA can't expect that these companies can filter these services! And P2P ought to adopt a policy similar to Slashdot's "Reply" policy: You are responcible for what you say, do, or share. NOT the service. The people are preforming the illegal acts, not the company. About time the RIAA got on people's cases!

    --
    Rawr
  102. Blacklisting RIAA/MPAA/NetPD by bofkentucky · · Score: 1

    Does anyone have a list of these companies netblocks? I'd very much like them firewalled into oblivion. Maybe someone could start a ORBZ like list that could be validated against to block these assholes

    --
    09f911029d74e35bd84156c5635688c0
    1. Re:Blacklisting RIAA/MPAA/NetPD by Bonker · · Score: 2

      Really, please. Mod this guy up. I'd love to download a daily blacklist of IP's to block from RIAA and their allies.

      --
      The next Slashdot story will be ready soon, but subscribers can beat the rush and slashdot the links early!
    2. Re:Blacklisting RIAA/MPAA/NetPD by bofkentucky · · Score: 1
      I got to thinking about this, why couldn't it be merged into a gnutella client that includes a mini firewall, based on arin, these are what I came up with
      • RIAA: 12.150.191.0 - 12.150.191.255 and 208.225.90.120 (UUNet owned, probably just their webserver)
      • MPAA: 208.50.66.224 - 208.50.66.255
      • NetPD: No luck 195.82.115.226 is thier mail server, but that is part of a monster mailhost somewhere in the RIPE teritory, anyone want to help?
      --
      09f911029d74e35bd84156c5635688c0
  103. Sue me for what??? by starX · · Score: 5, Funny

    I just graduated from college with a liberal arts degree. If they want massive amounts of money from me, they're just going to have to get in line and wait their turn.

    1. Re:Sue me for what??? by io333 · · Score: 1

      Exactly. In the trade you are known as "judgement proof." Since it's likely that the great majority of P2Pers are, in relative terms, poor and can immediately chapter (bankrupt) out of any money award against them, this is really a piss poor tactic that they are going to use as a psychological weapon only -- it simply cannot, in the long run, make them more money than they will expend in legal fees.

      IMO, the largest problem they have in using this as a terror weapon is that most teenagers don't have much fear of civil suits. The only way they'll ever put the fear of the law into P2Pers is after they convince various legislatures to pass CRIMINAL laws against the behavior, and then they start throwing folks in the pen.

      Do I think this is unlikely? Based on that nasty organizations past behavior, I think it is a certainty!

    2. Re:Sue me for what??? by Anonymous Coward · · Score: 0

      Did you ever consider that maybe, just MAYBE, not everyone in the world wants to be an engineer? From where I stand, anyone who has a degree from an accredited institution has the right to be proud of their accomplishments.

  104. Disagree by hughk · · Score: 2
    Um, no.

    Compare this to leaving a book in a public library. Someone borrows it and makes a cover to cover copy. Who commits the crime? The library or the copier.

    Lets get closer to home, what happens with a record library?

    --
    See my journal, I write things there
    1. Re:Disagree by TheTomcat · · Score: 2

      Or...

      if you rent a DVD from Blockbuster, is Blockbuster responsible if you make a copy?

      S

    2. Re:Disagree by dirk · · Score: 2

      Compare this to leaving a book in a public library. Someone borrows it and makes a cover to cover copy. Who commits the crime? The library or the copier.

      I think it has more to do with intent than the actual act. If you take a library book and copy it, you are at fault. The library does not have the books for you to take and copy, they have them for you to read. You took it upon yourself to make a copy of the book when you simply could have (and were supposed to) read the book and put it back. In the case of MP3 trading, you are intentionally putting the MP3s on the netowkr to be copied by other people. Unlike the library, your intention is for them to be copied, which means you are actively distributing them. Intention has a lot to do with the law.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
  105. The supposed LEGIT MusicNet pay for d/l of music? by zaqattack911 · · Score: 1

    I checked out musicnet.com which is the legal digital music pay service.

    Does anyone know how it works? It says something about 10bucks amonth for the RealOne service for 100downloads and 100streams a month.

    I really just want digital music sitting on my HD that I can move anywhere, burn anywhere and play any time.

    this site mentions NOTHING about what 10bucks a month entitles me too, how the technology works, or if I even get mp3s or what.
    Am I supposed to just sign up and spend my money blindly and just hope for the best?

  106. Just like the "War on Drugs" by nuggz · · Score: 2, Insightful

    Yes and the war of drugs is ending shortly.

    The jails are filling, and support is dropping but they keep fighting.

    The RIAA is targetting a subset, one that people won't identify with so there is less public support. They don't care what happens to the "thief", cause it won't happen to them. As long as they only target small groups rather then the public at large they'll be okay.

  107. Another way to get music by Anonymous Coward · · Score: 1, Interesting

    Rather than use P2P networks, yours truly uses his local library system to get most of his music. The selection may be a little less varied, but they have a lot of good stuff, nonetheless.

    For instance, they have Creedence Clearwater Revival, Jimi Hendrix, and even stuff released in 2001, like the Vanilla Sky soundtrack.

    All I have to do is reserve the CD on their website, wait until it's available to check out, and then convert it onto my computer! And since the CD's are returned, no clutter! As of now, I have about 50 CD's on reserve, and I've checked out about 80 since I started.

    I don't know if other library systems have as many CD's as the one I use (Sno-Isle in Washington State), but it's worth giving a shot.

    I just hope I'm not giving my local library system the kiss of death.

    *crosses fingers*

  108. oooo.....Scare Tactics by neilb78 · · Score: 1

    I guess they are hoping people will read this and stop swapping...

    --
    © 2004 The SCO Group, Inc. All Rights Reserved.
  109. If you think this is last ditch... by AKAJack · · Score: 2

    ...then you're going to be really surprised.

    This is one branch of a multi-pronged attack that will send your "fair use" rights the way of the Dodo.

    Congress will be lobbied that ISPs must be responsible for the traffic that passes across their switches. The proof that this is needed is that even though music is available in a format the public demands (MP3 on the Internet), for a price of almost half the cost of a store purchase, stealing still continues.

    The fact that the world economy sucks will help bolster the above as anything that helps the big companies continue their revenue stream will be seen as "good for the country".

    Your "secure" operating system is just around the corner and it's possible that by 2006 you wont have the RIAA anymore because you won't be able to do anything that they wouldn't like!

    1. Re:If you think this is last ditch... by Surak · · Score: 2

      Congress will be lobbied that ISPs must be responsible for the traffic that passes across their switches.

      Yeah, just like they make the telcos responsible for everything that passes across their networks? Just like they make the USPS and UPS and FedEx responsible for everything that they deliver? Just like they make the wireless communications operators responsible for all the data carried on their lines?

      Obviously none of this happens. The reason is that as common carriers, these companies are exempt from liability as to the content of the data (or goods) that they carry. If someone overnights you a mailbomb, you don't have any recourse to win a case against FedEx. Wireless companies are not responsible for drug deals that happen over their wireless phone networks.

      These laws can and do apply to ISPs. There are PLENTY of legal precedents for the courts to throw out any laws that would be passed involving making ISPs liable for their traffic, especially since its something that they can't control on a practical level.

    2. Re:If you think this is last ditch... by AKAJack · · Score: 2

      You're kidding yourself if you think there's precident that applies to ISPs. There is none. Find it and post it if you believe there is.

      The differences between an ISP and the phone company are obvious and tangible.

      ISPs barely have common carrier status and will lose it due to an act of Congress if there is fear of corporate America losing big $$$.

      The difference is that everything that crosses their switches could easily be checked, filtered, and dropped using a specific set of rules. You may not like the rules, but they're not hard to implement. Businesses have done this on their own already, as have schools.

      Common Carrier status is only given to those services that are considered "vital" and cannot be done without on a national level. If you really feel that AOL and Earthlink fit that definition then lobby your congress person when the bill comes around.

      So come on, give me one instance of case law that states ISPs are "vital" and have common carrier status. Just one. You said there are plenty. Just one.

      Besides, I just said "Congress will be lobbied..." I didn't say it will work.

      But if it does pass and is challenged what do you think that this Supreme Court will do with the case (if it ever reaches them?)

  110. X-File about iPod owners by VEGx · · Score: 1

    RIAA has you!

  111. Care to explain this??? by Geek+In+Training · · Score: 1, Offtopic

    I submitted this story this morning:

    2002-07-03 14:26:10 RIAA to sue individual file sharers (articles,news) (rejected) ...right after the MSNBC article appeared, and I had read it in its entirety.

    Anonymous Coward submits it six hours later, and it's suddenly newsworthy?

    I know I'm not supposed to bitch about these kinds of things, but seriously, how about some editorial consistency? This is the second time this has happened to me, and I can't tell if it just because I'm a smartass, the different editors see different submissions in the queue, or what... all I know is that I'm a karma whore and want bonus points for my submission!

    --
    SlashSigTheorem: Humorous, Political, Critical, Constructive- If you have a .sig, someone WILL complai
  112. Re:This is what they should do, but still won't wo by dirk · · Score: 3, Insightful

    The RIAA has tried (successfully) to paint P2P networks as festering cesspools of piracy and other sorts of illegal activity.

    Whether you like the RIAA or not, this is a pretty acurate description of what most P2P networks are. Log onto Kazaa or Gnutella and see what is there. It seems like a bunch of pirated MP3, some pirated movies, some pirated software, and lots and lots of porn (some of which is priated, the rest is wholesale stolen from porn sites). There is very little "legal" content on P2P networks. Even the few independant artists who have released their work on P2P networks get very little traffic, because P2P is set up mainly to be used by searching, and it's hard to search for new material since you don't know what it is your looking for (yes, you can find some stuff based on looking at a users files, but even then, you need to find the user somehow). The P2P networks are painted as havens for piracy because that is how they are used, and mostly what they were designed for.

    --

    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
  113. use an old school disclaimer by Spuffin · · Score: 1

    The P2Ps could start using disclaimers like:

    You are not allowed to use this private service if you are affiliated in any way with law enforcement.

    I remember seeing these back in the day on BBSes and have noted a few on FTP sites now and then, as to if they actually work, I have no idea.

  114. and I'll sue them back by toaster13 · · Score: 1

    Ever heard of a monopoly? how about the fact that they deprive artists of much deserved revenue? I'll gladly pay $5 directly to the artist for a CD (which is more than they get now). I'll gladly pay $5 more to all the leeches that attach themselves to artists (RIAA and co) to get them to shut up. What I won't do is be bullied into $20 a CD or take my collection offline.

    i don't see sharing files as a way of life but more of a protest against an industry that charges too much BECAUSE its overgrown and inefficient. if their sales dip maybe they should take the hint that we won't overpay anymore. we have 2 choices: overpay or download for free. give us a third option that lies in the middle and all this nonsense will stop. I don't want to steal but when the government overlooks blatant abuses of power by organizations that border on monopoly status, its up to us (the citizens) to punish the offender and show them the right way.

  115. To sue me, they must find me first by famazza · · Score: 2

    I don't care! They must find me first, and sue me for sharing less then 100 musics through gnutella, musics which I have downloaded through gnutella too.

    I bet much more then my own pants on this: "They will NEVER reach me, or whoever has no more then 10GB of shared mp3.

    Even if they find me, and sues me, how much should I have to pay? $100? $200? They don't even know what they are talking about!

    I'll ask once more: Where are the f****** advisors? Don't they have lawyers to ask what is possible and what is not?

    Let's see who will be the first!

    --

    -=-=-=-=
    I know life isn't fair, but why can't it ever be un-fair in MY favor!?
  116. Same for FileTopia? by Anonymous Coward · · Score: 0

    Doesn't FileTopia use some encryption to prevent the man from snooping?

  117. Well.. GOOD by mindstrm · · Score: 2

    That's what they should have done in the first place.

    Sue those actually breaking the law by distruting copyrighted material in violation of existing copyright laws....

    1. Re:Well.. GOOD by happyclam · · Score: 2

      I am hopeful that this action, the policing of their own licenses, indicates a reduction in their need to pass the CBDTPA. It would be nice if they actually heard all the complaints against that bill and responded with a more reasonable course of action.

      --
      He looked at me and said, "Kid, we don't like your kind, and we're gonna send your fingerprints off to Washington."
  118. It's All Thanks to Slashdot Polls... by da3dAlus · · Score: 4, Funny

    "Of course, you'll need to be a big fish with lots of illegal music to get their attention."

    Gee, I dunno where the RIAA would get any ideas about how much disk space that we use to store our MP3's.

    Note to RIAA: "If you're using these numbers to do anything important, you're insane."

    --

    Sometimes I doubt your commitment to Sparkle Motion.
    1. Re:It's All Thanks to Slashdot Polls... by da3dAlus · · Score: 2, Informative

      Oh yeah, I forgot to add...

      http://www.boycott-riaa.com/

      --

      Sometimes I doubt your commitment to Sparkle Motion.
  119. The numbers... by bay43270 · · Score: 2

    When they spit out those stupid numbers ($XX billion lost to music pirates), they now have even more lawyer fees to include in that number (very little of which will they be able to re-coop from teenage defendants)

  120. Already Happening by tabdelgawad · · Score: 2, Informative

    Well, not the lawsuits, but the lawsuit threats, which are just as effective. See this link to a Gnucleus Forum post regarding an incident of this taking place over a month ago. Just to clarify how it works (straight from the DMCA rules), the copyright holder hires a company like Ranger which has custom-made software that spiders all the major P2P networks. They will index the copyrighted work to a list of IPs, then generate form letters which are sent to the ISP threatening a lawsuit. The ISP then forwards the letter to the user, who has the opportunity to dispute the claim or comply with the 'request' to remove the copyrighted material from the network. Needless to say, if you want to keep your internet access, you must comply. The latest version of Gnucleus already comes with a list of known spidering site IPs blocked, but this is clearly not a solution. IMO, nothing short of the capabilities of Freenet will succeed against this.

    --
    Imposing Libertarian views on everyone online since 1992.
  121. No, what's funny is... by JoshWurzel · · Score: 1, Funny

    that I'll be thinking about this non-stop as I take my practice LSAT exam this weekend.

  122. Suing your own customers by Target+Drone · · Score: 2
    Some officials, particularly from AOL Time Warner Inc. and its Warner Music Group, have raised concerns about the problems that could be caused by such suits and the complexity of proceeding with them. The suits could set the company against many users of its own America Online Internet service.

    <SARCASM>
    This isn't a problem. It's a great idea. Now they can stop piracy and get rid of those pesky bandwidth hogs at the same time.
    </SARCASM>

  123. How do they deal with International Users? by Anonymous Coward · · Score: 0

    What if the user is in a country outside US and the his ISP doesn't track user ip address. Some of the ISP's have poor customer service. It don't think RIAA will be able to get the swappers id.

  124. Didn't the RIAA say they wouldn't do this? by Newer+Guy · · Score: 2

    If I recall, about a year ago Hilary Rosen came out and clearly said that the RIAA woud NEVER do this.
    What a lying sack of shit she turned out to be, Hmmm?

  125. With apologies to Pastor Niemoller by Charlie+Bill · · Score: 1
    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.

    First they came for the swapping services
    And I did not speak out because I was not a file swapping service.

    Then they came for the P2P authors
    And I did not speak out because I was not a P2P author.

    And then they came for the massive traders.
    And I did not speak out becuase I was not a massive trader.

    Then they came for me --
    Happy Independence Day

  126. real RIAA attack? by zenith744 · · Score: 1
    "...For instance, some [entertainment companies] have hired companies to distribute "decoy" files labeled with the names of movies or songs. The idea is to frustrate illicit downloaders with dummy files that don't work...."

    This got me thinking; why should it stop with dummy files? Wouldn't the best way to put a P2P system out of commission is to attack the components of such a system directly, namely the individual computers and files therein? And one good way I can think of for doing that is virii; put enough mock executables online loaded with a destructive strain (or maybe even find a way to distribute a virus through the .mp3 format), and take out a sizeable part of the community. Just another way to instill fear. I'm sure there are flaws in this I haven't thought of, and maybe the RIAA wouldn't have the balls to attempt something like this, but then again, you never know. The ends justifies the means, right? That seems to be the party line of the RIAA. And a lot of other groups in history that I am not mentioning here.

  127. Analog Roolz! RIAA Droolz! by WillSeattle · · Score: 1

    Well, I'll just have to use my audio out plug capable player that rips the files.

    Ooh, gee, that was _so_ hard.

    Resist - when you get "protected" music, use a credit card and return it for a credit reversal. If they dispute, phone the credit card company and refuse to pay. Then file in small claims court.

    Noone can take your rights if you fight for them.

    --
    --- Will in Seattle - What are you doing to fight the War?
  128. NULL Hypothesis by prestidigital · · Score: 1
    Based only on my own experience, the very hypothesis that file swapping causes lower revenues is preposterous. Maybe I'm not in the norm. I'll admit that existing business models in the record industry probably aren't fit to deal with P2P, but I think P2P song swapping easily has the potential to generate more money than it loses. Here's what I mean by way of a narrative example:

    A year or two ago, the band Wheatus was hot on the radio and they were coming to town. I'd never really heard of them, but my friends wanted to go to the show. So, I hopped onto Napster and downloaded whatever I could find. I decided, "hey these guys are pretty good - kinda funny, too." So I BOUGHT a ticket to their show. A couple of days later I BOUGHT the CD. I mean, having the tunes on my computer was cool, but I still have a "segregated" stereo system that sounds much better with a store-bought CD.

    The same exact scenario occured last year when Carbon Leaf was getting big on the scene. I looked for some music to "test drive" the band, then I BOUGHT a ticket for the show, then I BOUGHT the CD. Probably lots of people BOUGHT t-shirts and stuff too.

    The point is, I'm either going to buy a CD or I'm not. Having it there to download for free is in no way influencing that decision. For that matter, neither is the fact that even if/when all the P2P gets shut down, I'll STILL be able to burn copies of CDs that other people buy. RIAA just doesn't get it.

  129. Re:Gaaah! FUD from hell by GimmeFuel · · Score: 1

    P2P networks are a *better* kind of sharing than the sharing we were taught when we were kids.

    Example: I have a candy bar. Bill and Sally don't have candy bars but want one. Solution: I break my candy bar into three pieces and give everyone a piece.

    Compare this to P2P: I have a file. Bill and Sally don't have the file but want it. Solution: I send them each the file.

    With the candy bar, we each get only a third of the candy bar. With P2P, everyone has the whole file. And then if Joe comes along, Sally can share the file with him as well, and then Joe will have the complete file.

  130. RIAA vs Microsoft by Anonymous Coward · · Score: 0

    They should really sue Microsoft, whose Windows "operating" system accounts for the majority of p2p software being run online.

  131. Re:This is what they should do, but still won't wo by foobar104 · · Score: 2

    The RIAA has tried (successfully) to paint P2P networks as festering cesspools of piracy and other sorts of illegal activity.

    Log on to one of them and do a search for something random. Count the number of legitimate files you see-- meaning files that can be shared without breaking any contracts, rules, or laws-- and compare to the number of illegitimate files you see-- meaning files that shouldn't be shared. That ratio makes it pretty tough to call P2P networks anything other than festering cesspools of piracy.

    Have you ever stopped to consider, through all of your knee-jerk reactions and unlikely political opinions, that the RIAA and the MPAA might actually have a point?

    Companies like the RIAA and the MPAA are going to go out of business. Period. When people have the ability to make an infinite number of copies of your product, at virtually no cost, you can't make money anymore. It's as simple as that.

    Then you'd better hang on tight to your favorite music and movies. Because there won't be much more of 'em. Music and movies aren't cheap to produce. Somebody has to put up the cash to get 'em made. Even though the artists themselves may not care about getting rich-- I'm sure some of them don't-- they're going to have to get funded somehow. If nobody believes they can make a profit by investing in a new movie, then nobody will do it, and the movie won't get made. No more 2001s. No more Citizen Kanes. No more.

    Of course, I think your line of argument is full of shit, so I'm really not all that nervous.

  132. The problem with this plot is the last A in RIAA by ahfoo · · Score: 2

    So let's say they go total nazi all over the US and achieve a complete cease of all file uploading from the US to Kazaa. As improbable as that would be, it would still only take out half --at most-- of the overall Kazaa traffic. Assuming that nobody in Europe, Asia, or South America uses an insanely popular P2P app is a bit ridiculous. In fact, if you look at apps like Donkey which could eventually become even more troublesome for the RIAA than Kazaa, you find the servers are predominantly in Europe, Asia and South America. What is the RIAA going to do about that?
    Nah, it aint gonna fly. But what is cool is that once the Dow gets back down to 5000 for a few years we'll probably see the end of prohibition in the US because any small time business like selling weed to your neighbors will be essential to getting the economy started again. 1932, part deux.
    These copyright and patent motherfucking RauGun revolution asshole sons of bitches caused these problems by restructuring the courts to create these corrupt mega-monopolies and playing their conservative image shell game while they drained the blood of America. Now we're seeing "best defence is offense" crap. Going after first amendment rights isn't going to cover their asses. The American people are not cowards. These fucks are gonna pay for their crimes and the harder they push the harder they're gonna get hit.

  133. Can't sue everybody by Anonymous Coward · · Score: 1
    First rule of tort law: only sue people that have money!!! No lawyer in his right mind is going to go after the average P2Per, who is downloading from the internet precisely because he has no assets!

    I think this is a temptest in a teapot; most of us would agree that the RIAA has ever right to go after anybody that is violating their copyrights to make a quick buck. What we disagree on is the grey area: at what point does "loaning my new album to my friends" become "unauthorized distribution of copyrighted material". Even the RIAA isn't stupid enough to try to put a 12-year old in jail for letting her friends listen to her new Britney Spears CD...

    1. Re:Can't sue everybody by BobSutan · · Score: 1

      Someone mod this guy up!

      Also something to make a note of.

      "World-wide music sales dropped 5% last year, while global sales of compact-disc albums declined for the first time since CDs were launched in 1983. So far this year, U.S. music sales are down steeply from a sluggish 2001."

      Does the big-5 lack common sense? One of the biggest reasons sales are down is its consumers are getting sick and tired of all the cookie-cutter made-to-sell bands they keep producing. Combine that with a maturing market sector who they once considered their bread and butter, we'll call them the Britney generation. As these kids mature they lose interest in their teeny-bopper ways. That's less CD sales in a nutshell. Oh, and the fact that we're in the middle of a recession AND A WAR, and of course people will be buying less.

      Okay, I'm done ranting. Now for something constructive here. If the RIAA really wanted to sue someone for illegally trading IP on a P2P network, wouldn't they at some point need to connect an individual's name to the IP they were using? Umm, don't you need a court order? And doesn't that fall to the police? How are they going to be suing all of these people without getting the 5-0 involved for each and every case? The RIAA may have all the resources in the world to sue their userbase, but I somehow doubt all of the precincts in the US do.

      --
      "On a scale from 1 to 10, people are stupid"
    2. Re:Can't sue everybody by Anonymous Coward · · Score: 0

      I think law firms will be billing based on hours for this. The RIAA has plenty of money that will happily taken by their firms.

  134. Re:This is what they should do, but still won't wo by Kintanon · · Score: 2

    And yet almost every movie released this year has made incredible amounts of money for everyone involved, even many of the movies that sucked hard. I don't think there's any danger of people not being able to make money creating music and movies any time soon, but the method of distributing the content is going to have to change. I'd rather just listen to the radio or a bunch of free techno stuff than pay 20$ for a cd with no more than 15 songs on it, 10 of which are total crap and 2 of the remainder that have been played to death on radio.

    Kintanon

    --
    Check out JoshJitsu.info for Brazilian Ji
  135. that'll make us buy more cd's by pbranes · · Score: 1
    Quote from the article: World-wide music sales dropped 5% last year, while global sales of compact-disc albums declined for the first time since CDs were launched in 1983. So far this year, U.S. music sales are down steeply from a sluggish 2001.

    Go ahead, sue us! We'll suddenly all become friendly to your overcharging, greedy ways and allow you to completely ignore any technological innovations that have taken place in the past 6 years. Seriously, how can they even contemplate such an action and not think that the entire Internet will become their enemy. They are fighting their source of revenue. They need to embrace what everyone else already has and stop pretending like the Internet doesn't exist. There is nothing to be gained by them suing individuals.

  136. Watch the RIAA.... by cc_pirate · · Score: 1

    slit their own throats.

    Nothing will turn customers against you faster than attacking them. You have to wonder at sheer stupidity of suing music filesharers when in all likelihood they are some of the RIAA's best customers.

    This will at least be interesting, especially since it is not entirely clear that filesharing music in a non-profit manner is illegal, despite what the RIAA would like everyone to think.

    As a final note, the economy is doing abysmally, which makes me wonder why the RIAA is so shocked that their CD sales are down. The first thing to go in a bad economy is disposable income, and CDs are nothing if not frivolous crap bought with disposable income. Is the RIAA immune to economics and their sales decrease completely due to these "horrible filesharers", or are they just suffering like everyone else in this economy, only they are looking for a scapegoat to try and sue to stop their business model from eventually evaporating?

    My money is on the latter.

    --

    "There are laws that enslave men, and laws that set them free. " - Sean Connery as King Arthur

    1. Re:Watch the RIAA.... by MrBleed · · Score: 1

      i hardly ever buy cds. i never did. they usually suck. since p2p ive bought more cds in 2 years than i bought in the last 10 primarly because i can preview them and see if they are just ear candy or if the record industry made a mistake and let a good band slip thru the cracks...since i cant stand the radio i guess that leaves me wondering with a wallet full of cash and not willing to spend it on sumthing i havent heard and am CONVINCED (as one would want to be) that its actually worth 20 bucks...i work hard for mine

  137. May get expensive by Jammer@CMH · · Score: 1

    This works well with a few megs of MP3s. This may get expensive with a few gigs of MP3s.

  138. New name for a P2P application by tcc · · Score: 5, Funny

    SeeUsueMe

    --
    --- Metamoderating abusive downgraders since my 300th post.
  139. Man I wish I was a RIAA lawyer by Anonymous Coward · · Score: 0

    They are the ones who probably adviced RIAA to do this and are also the ones who'll make big bucks suing everyone. Just imagine 10 lawyer hours â $100 on the clock per P2P user. Hmm.. RIAA, do you guys need more lawyers??!

  140. They shouldn't be suing anybody... by Anonvmous+Coward · · Score: 1

    They shouldn't be suing anybody. It's the Music Industry's fault. They do nothing to educate music buyers about what's right and wrong.

    Think about it: You go to the store, you buy a radio, you turn on radio, boom you have music. You can buy a tape player and record that music, no harm done. When you want to hear a specific song over and over again, go buy the CD. You're paying for convenience.

    People have no reason to believe that music is anything but free. So when music sharing becomes popular, the RIAA has the NERVE to try to block it. Of course people aren't going to like that! Hell, I'm tempted to use the word 'entrapment' here.

  141. Friends? by r_barchetta · · Score: 3, Interesting


    And everyone who has ever downloaded an mp3 you've put in to a file-sharing system has been your personal friend? Someone you have met/spoken with frequently/some other activity generally shared among friends? Or are they strangers from around the world and you have no idea who they really are?

    You are stretching the definition of "friend" just a bit.

    -r

    --
    Just because something is free does not mean you have to take it.
    1. Re:Friends? by LordNimon · · Score: 1

      That's exactly right. As soon as you allow unrestricted access to copyrighted work, you are guilty of copyright infringement (or if you're lucky, contributory copyright infringement). It's the unrestricted part that will get you. If you have a password-protected FTP or web site, and only your real friends know the password, they you might have a legal defense. But open P2P networks do not qualify as "sharing with your friends".

      --
      And the men who hold high places must be the ones who start
      To mold a new reality... closer to the heart
    2. Re:Friends? by |<amikaze · · Score: 2

      Hello Friend! I would like to offer you some of these fabulous MP3 music files. Would you like them? The first one is always free :D

    3. Re:Friends? by hazyshadeofwinter · · Score: 1

      How could you *disprove* J. Random Gnutelluser is my friend, though? IANAL (quoth the slashdot hordes), but the burden of proof in US law rests with the accuser, not the accused. So I could just say, "ph34rph4kt0r? Known 'im for years on IRC... ditto with, uhh, 164.13.92.12... top drawer mate, top drawer..."

      --
      Click here if you just like to click on shit.
    4. Re:Friends? by bryan1945 · · Score: 2

      But what if you put up "DO NOT DOWNLOADS THESE SONGS UNLESS YOU OWN THEM!" on top of a webpage? (I know this isn't P2P, but since I don't use it I don't know if you can post this kind of warning on P2P networks) Yes, the songs are there, but you cross the line if you grab them without legal right.

      Somewhat related- posting "No Tresspass" signs on your property when you have something of value in sight on your property. In both cases the item of value is easily obtainable, but both are guarded by signs saying "Don't do it!". Any thoughts on the legal differences?

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
  142. Let's celebrate! by kindhornman · · Score: 1

    I think we should celebrate this move in a big, BIG way. Let's all have a big party and invite all are (local) area internet friends. Everyone bring ALL there CD's, MP3's, Vinyl, etc..And we'll all share/swap EVERYTHING!!!!!

    Now what will they do? Send the IP Police? Or just MS staffers with search dogs?

    No really! Let's PARTY!!!

    P.S. Pants optional

  143. Re:Shutting the stable door after the horse bolted by elton247 · · Score: 1

    I could be wrong here, but with Kazaa I dont think you can see the individual IP addresses, only the IP addresses from Kazaa.

    I say this because my on my cheesy fire-wall software I only had to create rules for three IP addresses, and I am never prompted by my fire-wall for permission again. So all the Kazaa connections are coming from these IP addresses. Am I wrong?

    --
    How strange it is to be anything at all
  144. Not gonna sue me by killmenow · · Score: 2, Troll

    I don't care who RIAA is suing now. I will not be a party to it. The RIAA can't sue me as I have no d/l-ed MP3s and do not partake in the sharing of them.

    So, Fsck you, CmdrTaco for the subject "RIAA to Sue You Now", assuming all us /.-ers are trading illegal MP3s.

    And as long as the MPAA doesn't get the same idea, I'll be just fine...

  145. Is this a potential solution (or part of one)? by CuriousKangaroo · · Score: 1

    The recording industry seems to be incapable of offering a legal online music service. The main issue is that every service they try to offer involves restricting where and when the user can listen to the music they purchase online. Home users want to have the same freedom they have with a CD: play it on your stereo system, on your PC, in your car, on a portable player, wherever. The problem the industry has is that any kind of download that allows you to do that also allows you to make copies for other people, instead of having them buy their own copy.

    BUT - how feasible would it be for a downloading music service provider to use steganography to watermark each downloaded file individually? You wouldn't prevent copying, allowing a purchaser to use the music wherever they feel like. But if the purchaser puts the file on a file-sharing service, it would be tracable to them. If the purchaser wanted, he or she could make copies of CDs for friends, but would need to be certain THEY won't make copies for anyone, because it would all lead back to the original purchaser.

    This gives the industry a way to sell online music, gives the consumer a way to play the music when and where they want to, and also gives the industry a way to identify "pirates" and, if they want, sue them (had to bring it back to the original article somehow).

    But is it feasible? How easily can steganographic watermarks be removed? What would the server-processing requirements be to individually (and uniquely) watermark each downloaded file?

    (Also, I could easily see this being perverted into some kind of DRM system where music simply won't play if you don't have the proper digital key... but that kind of solution is always defeatable, which is why I'd lean towards forgetting about preventing people from playing and copying music, and concentrate just on the tracability).

  146. No, they did it right the first time. by Insightfill · · Score: 1
    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.
    Wrong! They did it exactly right according to their plans. The point was to first make P2P seemingly illegal in order to "poison the well." Once P2P was presented as illegal in the popular press, anyone engaged in it is guilty by assumption. This makes Phase Two so much easier.

  147. The word has been redefined. Deal with it. by Anonymous Coward · · Score: 0

    "Piracy" has been used to describe copyright violation since the 80's, if not sooner. And Kazaa and them were clearing encouraging copyright violation.

    No one's going to confuse that type of piracy with murder and raids on the high seas.

  148. This sounds like a law firms idea by Anonymous Coward · · Score: 0

    The RIAA obviously feels it has a lot of money to spend on lawyers. I wonder if their law firms decided to take the RIAA for all they are worth. Thousands of lawsuits are tens of thousands of billable hours which equals million of dollars for law firms.

  149. they threatened me back in 2000 by Anonymous Coward · · Score: 1, Informative

    This was forwarded from my ISP.

    >We have received a complaint from the Recording Industry Association
    of
    >America that you are hosting an unauthorized music site using your
    @Home
    >Network service for connecting to the Internet. It is located at:
    >
    >> ftp://000:000@127.0.0.1/
    >> This site, which was accessed on 11/07/2000 at 12:47 p.m. (EST),
    offers
    >> approximately 650 sound recordings for download. Many of these
    recordings
    >> are owned by our member companies, including songs by such artists
    as
    DMX,
    >> Dr. Dre, Eminem, Fatboy Slim and Nas.
    >>
    >We are requesting that you immediately remove any files which you are
    >distributing in violation of copyright. Please reply to this email
    with
    >your assurances that these infringing activities will not continue.

  150. Not money, threat by Anonymous Coward · · Score: 0

    They don't care about the money they'll collect from people. They don't care about legally chasing every user.

    They just want to scare everyone away. If record companies can demonstrate that they can ruin people's lives if they catch you sharing files, it's not going to take very many examples to reduce file sharing significantly. (Or so they think. All it'll really mean is sharing programs will be developed to make it even harder to detect who's sharing what.)

  151. Your sig by Rupert · · Score: 1

    "indivisible, except over this pledge," etc.

    --

    --
    E_NOSIG
  152. Re:This is what they should do, but still won't wo by Jaysyn · · Score: 1

    Most porn sites put the content on P2P for advertisement, a few are DivX'd from VHS movies & DVD's though.

    Umm, not that I know that first hand or anything ;)

    Jaysyn

    --
    There is a war going on for your mind.
  153. B O Y C O T T by Weasel+Boy · · Score: 0, Flamebait

    This is the last straw. My music collection contains about 300 CDs, but the buck stops here. The RIAA has gone too far. Actually, they went too far quite a while ago; this is just an arbitrary point far beyond acceptable.

    I do not download MP3s. I do not participate in file swapping. I do have enough money to buy all the CDs I want. And I am opting out.

    The US is a nation of the people, by the people, and for the people; and the people have spoken. The people, by clear and obvious consensus, have decided that file swapping, ripping-mixing-burning, and format- and media-shifting are acceptable uses. It is up to the music creators to learn how to live with and profit from these fair uses without crushing the rights of the consumers. It is up to our government to recognize and protect this expression of our civil rights. Innovation on the part of musicians and their collaborators is called for. Widespread litigation and repressive new legislation is not.

    I will not add one more cent to the coffers of any RIAA-affiliated music company as long as this insanity persists. From now on, my money supports only those artists that respect me and my rights. And I will listen to my legally acquired music whenever, however, and in whatever format I want.

    And the RIAA can rot in hell.

    1. Re:B O Y C O T T by scharkalvin · · Score: 2, Interesting

      What the hell are you mad about? You say you do not swap music files, and all your music is legally obtained. The RIAA is after those that steal music, and you proudly brag that you are NOT a crook. I always thought that Napster was as crooked as the CEO and board of directors at Enron. They claimed their service was not about stealing music, yet their logo was a cat with earphones! Right! Napster was about only one thing, they should have put the jolly roger on their logo as well.

      The ONLY area where I disageee with the RIAA (and MPAA) is where my rights to store and use legally purchased music software are trampled on. I should have every right to rip my CD's to make MP3's FOR MY OWN EXCLUSIVE USE. Also to make custom compilations of music on a single CD from others I have purchased. In other words every thing I used to do with LP's and cassette tapes.
      (except swapping tapes with friends, just another form of crime).

    2. Re:B O Y C O T T by PaulBellini · · Score: 1
      They claimed their service was not about stealing music, yet their logo was a cat with earphones!

      Uh, dude, what's wrong with earphones? I don't think they ever claimed their service wasn't about MUSIC. Unless cats are the official copy-right infringement animal and no one bothered to tell me.

    3. Re:B O Y C O T T by tunah · · Score: 2

      Yeah, what kind of fool would support other people's rights?

      --
      Free Java games for your phone: Tontie, Sokoban
  154. Usenet = Biggest P2P Application by Anonymous Coward · · Score: 0

    I guess I just have to keep getting all my music from Usenet like I always have ... heh.

  155. This is not like prohibition... by anthony_dipierro · · Score: 2

    Unlike prohibition, these people are easy to catch. Programs which do not allow the tracking of IPs are impossible to make, because IP does not allow it.

    Sure, you won't get everyone, but it will be possible to set pirates back to the days of trading files over usenet, and even that can be stopped to a large extent by DMCA takedown notices.

  156. two words by karlm · · Score: 2
    Plausable Deniability

    freenetproject.org can help you out. It was designed from the ground up with plauable deniability in mind. It's really really hard to track down, much less prove in a court of law, who is putting what on freenet.

    --
    Copyright Violation:"theft, piracy"::Anti-Trust Violation:"thermonuclear price terrorism"<-Overly dramatic language.
  157. Re:This is what they should do, but still won't wo by Jaysyn · · Score: 1

    The people who actually care about about art for art's sake won't stop creating. That will eliminate the flood of crap we've gotten for the past few decades or so.

    btw... Game companies have really slowed down making those games since p2p appeared, haven't they?

    And to tell you the truth I don't think copyright infringment is right, I just didn't think you had a very good argument.

    Jaysyn

    --
    There is a war going on for your mind.
  158. Problem solved! Simply register as Hillary Rosen. by calags · · Score: 1

    I for one would like to see that lawsuit happen :-)

    --
    Never attribute to stupidity what can be construed as a monopoly preservation tactic.
  159. Law was amended by DMCA by burris · · Score: 3, Insightful

    You are correct but unfortunately the statute was amended by the DMCA. Now the definition of "financial gain" includes the "receipt or expectation of receipt of copyrighted works." In other words, they amended the law to forbid "trading." It's going to be difficult to assert that you setup a file-sharing client with no intent to download anything else (assuming file sharing on computers is even protected by AHRA, which it probably isn't.)

    Burris

    1. Re:Law was amended by DMCA by John+Hasler · · Score: 2


      Now the definition of "financial gain" includes
      the "receipt or expectation of receipt of
      copyrighted works." In other words, they amended
      the law to forbid "trading."

      I would think that in order to make that stick they would have to show that by downloading a file from your machine I would incur a contractual obligation to give you something in return.

      assuming file sharing on computers is even
      protected by AHRA, which it probably isn't.

      I believe that the courts have determined that it isn't.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Law was amended by DMCA by DahGhostfacedFiddlah · · Score: 1

      It's going to be difficult to assert that you setup a file-sharing client with no intent to download anything else

      True, but they're separate transactions. You gain nothing from sharing your files, so there's no "financial gain". People can download from you, and you can download from them, but there's no correlation between the two except that they're done by the same program.

    3. Re:Law was amended by DMCA by jafac · · Score: 2

      no brainer. How the fuck do they prove "expectation of receipt"?

      Hotline servers typically have a banner agreement that states that the server is for "backup purposes" - that sets the expectation level. Something similar for P2P-ware could very easily do the same - upon download of a song, a simple clickthrough agreement:
      "by downloading this song, you agree to be my friend - and in that capacity there is no obligation nor expectation that your receipt of freely shared copyrighted work obliges you to trade additional copyrighted work in return. It is understood that this download is a free gift from your friend, the operator of this server".

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    4. Re:Law was amended by DMCA by Anonymous Coward · · Score: 0

      By running a file-sharing app, aren't you effectively promised music in exchange for your music?

    5. Re:Law was amended by DMCA by John+Hasler · · Score: 2


      By running a file-sharing app, aren't you
      effectively promised music in exchange for your
      music?

      What if I install such a program, download something from your machine, and immediately uninstall the program. Can you sue me for failing to give you something in return for the file I got from you?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    6. Re:Law was amended by DMCA by Anonymous Coward · · Score: 0

      No, but you are intentionally avoiding the system to make a point (or be selfish).

      My expectation is that I will still be able to download songs in exchange for making my collection available...

  160. well... by Anonymous Coward · · Score: 0

    www.freenetproject.org

    whom do you want to sue tomorrow?

  161. Re:Gaaah! FUD from hell by tempest303 · · Score: 3, Insightful

    Ok, let me fill you in on the part you're missing.

    John makes music for a living. His record company rips him off with a crappy contract, but it's better than starving or having to work at a regular job full time so he couldn't focus on his music.

    But Bob down the street doesn't care to pay for John's music, even though he enjoys it, so he downloads it off a p2p network. Then he "shares" it with everyone else on p2p networks, so they can do likewise.

    Except that it's JOHN'S music being "shared" and John never said it was ok to just give away is music against his will, and doesn't see a fucking CENT from the exchange of that music.

    Yes, p2p, and the entire digital realm for that matter, is great for avoiding the zero-sum problem of most markets. However, this doesn't mean it's alright to take other peoples work and do what you will with it. (with respects to Fair Use, of course.)

    Finally, YES, a handful of artists use p2p to give out their music, but go browse a Kazaa users' shares sometime... tell me how many of those songs you REALLY think were put there by the artist/publisher for legal distribution.

  162. Re:Gaaah! FUD from hell by Stonehand · · Score: 2

    ...except that when you purchased the CD, you're required to also abide by the copyright, which means that you've agreed NOT to "share" (unless the copyright owner has explicitly granted such permission). It's the default arrangement, so it's part of the deal unless the copyright owner says otherwise. So, basically, you're breaking your word.

    --
    Only the dead have seen the end of war.
  163. Re:This is what they should do, but still won't wo by foobar104 · · Score: 2

    The people who actually care about about art for art's sake won't stop creating.

    You can't make The Godfather without money, and lots of it. That money has to come from somewhere. While it's possible that people might give the next Coppola enough cash to make his masterpiece out of the goodness of their hearts, common sense and history tell us that it's pretty damn unlikely.

    Let's take a small-scale example. Nobody is making 3D movies any more. Why? Because it's too expensive, and you can't recoup your investment with ticket sales. This wasn't caused by piracy or anything like it, but simply by audience disinterest. The result, though, is the same. No more 3D movies.

    The same thing will happen if it becomes impossible for movie studios to recoup their investments due to piracy. They'll stop making movies. If you think it won't happen, I believe you've being naive.

  164. Not Likely by John+Hasler · · Score: 2

    "...go after the people who are actually doing it"...

    But instead they will go after anyone running P2P regardless of whether they are infringing any copyrights.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  165. Freenet uploading by dmaxwell · · Score: 2

    Freenet also anonymizes uploads. That's its true reason for existence. Freenet is not intended to facilitate mp3 trading. Its purpose is to circumvent censorship by repressive governments. Freenet would be useless for that if it led goon squads to dissidents.

    I have little doubt it will be pressed into service as an mp3 repository though. It will be interesting to what what that does to the network.

    1. Re:Freenet uploading by anthony_dipierro · · Score: 2

      Freenet also anonymizes uploads.

      You can't anonymizer the peer you're uploading from directly. Freenet claims that that peer is not responsible, because it doesn't have direct knowledge of the infringement, however, that claim has not yet been tested in court (and is likely false).

    2. Re:Freenet uploading by dmaxwell · · Score: 2

      You can't anonymizer the peer you're uploading from directly. Freenet claims that that peer is not responsible, because it doesn't have direct knowledge of the infringement, however, that claim has not yet been tested in court (and is likely false).

      This is true. But all that means is that the peer you are directly downloading from cached the content for you in response to a request. The content most likely wasn't there prior to the request being made.

      The protocol is designed such that the "upstream" peers have no control whatsover over whats on them. What's more, how is intent to be proved against the admin of a node? If I understand correctly node contents are encrypted such that only node to node communications suffice to decrypt them. A node admin would have to make every possible query and analyse response times to actually determine what he is cacheing. If the protocol doesn't work this way then it sorely needs to be added. The network would have to provide plausible deniability to EVERYONE.

    3. Re:Freenet uploading by anthony_dipierro · · Score: 2

      This is true. But all that means is that the peer you are directly downloading from cached the content for you in response to a request. The content most likely wasn't there prior to the request being made.

      Yep, and the person who cached the content can then be sued for copyright infringement.

      The protocol is designed such that the "upstream" peers have no control whatsover over whats on them. What's more, how is intent to be proved against the admin of a node? If I understand correctly node contents are encrypted such that only node to node communications suffice to decrypt them. A node admin would have to make every possible query and analyse response times to actually determine what he is cacheing.

      Or he could just not set up the system in the first place. ISPs are only protected from contributory copyright infringement if they register as an ISP under the DMCA.

      If the protocol doesn't work this way then it sorely needs to be added. The network would have to provide plausible deniability to EVERYONE.

      This is the way it works, but plausible deniability is not enough to get yourself out of a civil contributory copyright suit.

    4. Re:Freenet uploading by Sanity · · Score: 2
      Yep, and the person who cached the content can then be sued for copyright infringement. Not in Europe, and I doubt this is true in the US either (otherwise Google would be illegal).
    5. Re:Freenet uploading by anthony_dipierro · · Score: 2

      Not in Europe [eu.int], and I doubt this is true in the US either (otherwise Google [google.com] would be illegal.

      Google is legal because they are protected by the DMCA. The freenet user presumably would not likely have applied as an ISP under the DMCA protection clause. If the user did, the user would then be subject to DMCA takedown notices.

    6. Re:Freenet uploading by tbmaddux · · Score: 2
      If the user did [apply as an ISP], the user would then be subject to DMCA takedown notices.

      Interesting discussion.

      How would the user respond to such notices as a Freenet node, given that he wouldn't know what he has or how to remove it? I suppose the person filing the lawsuit would argue "remove the software completely until the violator can run it without violating our copyright." Okay, so let's say I take it down, and 1 day later put it back up saying "yeah brah, it's fixed." They'd have to keep checking.

      Furthermore, even if the individual user you download from can be identified and sued, wouldn't the people suing the freenet users have to sue all of them to get the content removed?

      --
      Can't you see that everyone is buying station wagons?
    7. Re:Freenet uploading by anthony_dipierro · · Score: 1

      How would the user respond to such notices as a Freenet node, given that he wouldn't know what he has or how to remove it?

      If someone really wanted to go through all the harassment and legal fighting to register with the copyright office as an ISP just so they can help other people pirate music (and not make any money off it themselves), then they could. I doubt that's going to happen.

      Furthermore, even if the individual user you download from can be identified and sued, wouldn't the people suing the freenet users have to sue all of them to get the content removed?

      You only have to sue a few people before the word gets out that crime doesn't pay.

  166. Makes sense by Anonymous Coward · · Score: 0

    Finally the RIAA is going against the criminals instead of the toolmakers (I do wish this was instead of rather than in addition to). I'd kill the attacks on file swapping services, on people who run supernodes, and go after the people actually copying the files. Works wonders to punish the guilty party.

  167. Song directory always less than 700MB by AmateurCoder · · Score: 1

    They are going after the guys with lots of files shared?

    Fine by me. I know people who have5-10 Gigs of movies and songs available.

    When my directory size approaches 640 - 700 megs I burn a cd. (and take the disk home since I don't have high speed internet at home).

  168. Reason for drop in sales? by Anonymous Coward · · Score: 0

    BAD MUSIC.
    Bad release after bad release from the Big-5 has made me RUN to smaller labels for my music.
    So to them (Big-5), it appears people aren't buying music anymore....fact is, people aren't buying THIER music anymore.
    (now I know there are exceptions...like the top40...but lately it seems more and more people are going "indie".)

    Also, if they want to audit ME I am prepared to show them all 1000+ of my actual physical retail CD's to accompany the mp3 files I have in my 70+ GB jukebox...and original store reciepts too! fuckers....

    Remember the "used cd" debate before the time of MP3?? these guys just don't quit bitching...

  169. you're not kidding... by Lurking+Grue · · Score: 1

    So are they honestly expecting people to flood the stores and buy their overpriced boy-band (or eye-candy) CDs as a result of these lawsuits? I just can't see people responding favorably to this behavior. But then again, the RIAA has been suffering from denial for a LONG time.

    They weren't happy digging their own graves with a shovel, so it looks like they switched to a backhoe.

  170. Re:This is what they should do, but still won't wo by abreauj · · Score: 1
    Then you'd better hang on tight to your favorite music and movies. Because there won't be much more of 'em. Music and movies aren't cheap to produce. Somebody has to put up the cash to get 'em made.

    Funny, you're almost hitting on the real motivation behind the RIAA/MPAA attacks on our industry. Sure, producing music and movies has historically been expensive. What's got the **AA cartels running scared is that we're making these a lot cheaper to produce.

    Michael Straczynski, the guy who created Babylon 5, talked about this in an excellent book about screenplay-writing. Traditionally, TV shows would cost a couple million per episode to produce, and the networks would pay $800K per episode. Producers would have to convince a major studio to front the money and gamble that they'd make it back in syndication if the show was successful. He called this "deficit financing".

    He then went on to describe how he used tools like Lightwave3D on a bunch of PCs to produce the special effects for Babylon 5, and that by using PC technology he was able to produce the show for less per episode than the networks paid, and how this made it possible to produce it independently instead of having to sell off his rights to a studio.

  171. Re:Shutting the stable door after the horse bolted by anotherone · · Score: 2

    You're wrong. KaZaa does searches through the server, but actual transfers are done through HTTP port 80 which doesn't set off any firewall alarms.

    --
    Username taken, please choose another one.
  172. Re:Gaaah! FUD from hell by Anonymous Coward · · Score: 0

    Sharing is good. Giving a piece of your candy bar that has already been paid for to someone who doesnt have any candy is good. However, giving someone a perfect copy of what you have is bad, because you havent paid for that second copy, nor are you giving up your own use of that item. Sharing as mommy taught you was supposed to learn sacrifice through giving, not helping your friend at someone else's expense.

  173. Just a new Prohibition..... by siasl33 · · Score: 1

    Get ready for the Cyber IP cops to bust up the P2P "Speakeasys" for a while. Everyone just sits back and takes a swig of the digital bottle from time to time.

  174. Re:Illegal search? by Anonymous Coward · · Score: 0

    Good Point. Won't they also be intruding into other people's computer. Will they appear to act as regular users? Entrapment?

    Can't the P2P software just say in the EULA that this software cannot be used for monitoring or auditing purposes?

    Power to the Open Source Developer Community

  175. Re:Gaaah! FUD from hell by RealisticWeb.com · · Score: 2

    Somehow I don't think that the kind of "sharing" that goes on 90% of the time on p2p networks is the kind of "sharing" your mom taught you was good.

    There is no way to deny that MOST of the files getting shared on KaZaA are being spread illegaly. The thing that most people seem to miss is that that fact doesn't make KaZaA itself illeagal! There is absolutly nothing illeagal, moraly wrong, or negitive about software that lets people share files with each other. That is all that KaZaA is (and all the other ones too). It is true that many many people are using it in an illeagal way, which is why I think that it is good for the companies to go for the real criminals: the people actualy distributing copyrighted material. Have you ever heard the record store annalogy? A teenager listens to a whole bunch of violent/sexual/gang-bang/etc music and goes out and commits a related crime. Who is to blame? Do you toss the teen in jail or do you sue the pants of the record company? It is not the record company's fault that the teen did somthing illeagal. Strangly enough, Sony music and the rest seem to like that anaglogy just fine until the tables are turned. You don't shut down an ISP because a user commits a crime, you don't outlaw guns because a someone gets shot, you don't outlaw beer because someone drives drunk and YOU DONT OUTLAW P2P BECAUSE SOMEONE SHARES MP3's!!!!

    --
    Sigs are out of style, so I'm not going to use one...oh wait..
  176. Re:Shutting the stable door after the horse bolted by Anonymous Coward · · Score: 0

    Unforntunatly they do not need to "prove" anything
    in a civil case. A preponderance of evidence is what civil cases are decided upon. If they have enough evidence (even if just "circumstansial")they have made their case and there is not a whole
    lot you can do about. You won't be able to challenge the legality of how they obtained said evidence... they broke into your system and scanned your hard drive and found that you had X amount of MP3's. But you would have to prove beyond a reasonable doubt (a criminal justice tenet) that they were infact the people that hacked your system. Now which one is going to be easier to "prove"? I wonder why the beyond a reasonable doubt standard is not being applied to tort claims?

    If it was how many "OUCH I burned myself because the stove didn't have a warning label on it that says WARNING stove will burn unprotected skin" suits would we have? I will admit that some lawsuits do help society but the vast majority only help the lawyers pay their mortgages.

  177. If they had started... by HiThere · · Score: 2

    If they had started by sueing the "illegal" copiers, I would have said "Go to it."

    Now, however, they've spent all the credibility that I have given them. I don't believe anything they say. I doubt that they are doing what they report. And if somebody does something that injures them, I say "good".

    It's really hard to support people who violate copyright, even when the copyright isn't owned by the creator. But I cannot support the MPAA. I suppose that my feelings are "a plague on both their houses", and when saying this I remember that during the plague the streets were filled with dead bodies (it's not true, but that's what I remember).

    I suppose that I might favor the MPAA if they were sueing Anderson for sleazy accounting. Perhaps. Otherwise they had better just ensure that I'm not on the jury.

    Clearly it is illegal to copy works without the copyright owner's permission while those works are under copyright. But the MPAA has been so blatant in attacking my rights, and an uninvolved party, that I find it next to impossible to care about theirs.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  178. So? by Anonymous Coward · · Score: 0

    Is there a problem with RIAA suing criminals?

    We aren't talking about swapping of non-copyrighted material, right? Then whats the problem?

  179. attack big distributors? by j1mmy · · Score: 1

    The thing about P2P is that you can have a ton of small and medium sized distributors providing as much or more content than a big one. It's the aggregation that's key. Take down the top 5 and you're still left with the bottom thousands or millions that likely have all the same content. I'm not sure the RIAA has any idea what it's dealing with here.

  180. Lets combine a few recent stories for a second.... by thedbp · · Score: 1

    We pay for a CD and rip it to our HDs. We share it online while we're surfing. User X decides to download "Puppy Cum" from my computer. I am not personally breaking copyright, because I paid for that song. (well, actually, me and my friend Joe wrote it, but whatever)
    User X is using my bandwidth. Bandwidth that companies like AOL and Comcast are going to start charging me extra for. So not only am I NOT making a profit, I'm actually PAYING somewhat to let other people download my music.
    I can sure see how companies would think this is just as bad as buying a high-capacity burner setup and color copying the covers @ Kinko's and selling the bogus copies on the streets of any city in America for $5.
    This gets especially ludicrous for dial-up users. It can take HOURS to get ONE SONG... this entire initiative is overblown and a gross overreaction to the fact that our economy isn't doing so hot, people are tightening their belts, or buying more booze, who knows, but they're not buying the crap that the Big Five want to sell us.
    Welcome to the business world. The bigger you are, the harder you fall. Those companies have been price-fixing, getting taxes put on blank media so we're paying them there as well, and basically doing everything they can to suck the public and the artists dry.
    Eminem needs to bitchslap these people into submission. His latest was one of the MOST PIRATED ALBUMS EVER - yet when it came out, it was also NUMBER ONE, selling TWICE AS MANY COPIES as the #2 record that week, with LESS TIME ON THE MARKET TO SELL. Why?
    Because Eminem is WORTH IT. You'll never stop us from sharing MP3s. So if you want us to buy you music, make sure its GOOD. THAT might be a start. God these rich-ass media-pushers piss me off.

  181. Re:Shutting the stable door after the horse bolted by Zack · · Score: 1

    Negatory. You're wrong.

    KaZaA searches are sent through automatically elected supernodes which communicate with other supernodes (much like the the new "UltraPeer" in Limewire et. al.) Then the transfer is done via a borked HTTP protocol on any port (usually 1214)

  182. The RIAA could kill itself with this scheme!!! by diabolus_in_america · · Score: 2, Insightful

    The best thing that could happen would be for the RIAA to pursue this new scheme. Here's why.

    1. This action could bring potentially turn the a current ally, the PC industry, against them. Look at it this way. Before, they'd targeted the P2P networks. Once word of the first lawsuits against individuals starts hitting the news, many other individuals who may be considering getting a new, faster PC so they can have access to "free" music, etc. will be discouraged from buying that PC. Simply, the idea of getting "free stuff" on the internet is a very big reason many people get a PC, these days. Many friends of my mother and even my grandparents have asked how they can get things, such as music, if they were to purchase a PC. The RIAA's action against individuals will certainly discourage a portion of new PC sales in an already slumping market.
    HP-Compaq, Dell and even Microsoft will not be very forgiving or encouraging once they begin to feel this impact.

    2. Washington and certainly the Bush administration will be forced into some action once word of "those West Coast fat cats suing the average American" goes mainstream. Bush's approval ratings have already taken a big dent because of the public's perception of his being is bed with big business (Enron, WorldCom, et. al.) Something like the RIAA admitting to trying to "sue the pants off" of Joe Public would be a very good way for him to get back into the public's good graces by thwarting the RIAA's meglomaniacal view of itself. Besides, his conservative supporters would fall all over themselves to send truckload's of cash his way to fight "those pink-o, liberal California record weirdos." I bet Limbaugh is drooling over the possibility even now!

    3. It takes something substantial to get the American public's attention. And what the RIAA is proposing is very substantial indeed. It's the kind of action that'll cause the average American to take notice, and once more and more people begin taking notice of the RIAA, who they are, what they do, etc., the more the RIAA is going to be in trouble. Most Americans don't like institutions that which operate with the smug, authoritarian abandon of the RIAA, and will happily go out of their way to spit on them given the chance. Well, my friends, the action that the RIAA is proposing is the definitely going to be the chance for more and more Americans to hawk up a big one and spit it right in the face of the RIAA.

    1. Re:The RIAA could kill itself with this scheme!!! by MrBleed · · Score: 1

      it was the riaa crying apocalypse in the first place that made p2p a worthwhile application

  183. Great Post! by Anonymous Coward · · Score: 0

    Wonderfulll. I'd Moderate you up, but your at 5

  184. really? by Anonymous Coward · · Score: 0

    I thought it was more like too many software engineers, not enough people who can actually code worth shit. Maybe it's Java's fault, but even handling a couple of connections, Freenet can easily eat up 10% CPU and 40MB RAM. i.e. NOT USABLE.

  185. RIAA cant possibly afford to sue us all by MrBleed · · Score: 1

    wut with the enormous harm those darn file swappers are doing to the record industry...yeah right...nothing to do with the same song playing on the radio for the last 20 years. They want us to pay 99 cents a pop for inferior copies of songs that are usually only comparable to a tune recorded from an fm radio station. Furthermore they fail to see the internet as a huge radio station with the difference being that u and i are the dj and we dont need to be paid to play wuts good. Now bands are becoming popular due to the file swapping services themselves. Since bands primarily make their money from touring i guess no one seems to make the connection that one could almost eliminate the record industry alltogether as a culture of listening continues to pervade the amerikkan landskape...We can win this one if continue to be vigilant. Once bands see that they can make the money we spend themselves some savvy marketer will make the dream come true. at 99 cents a pop yr paying for a cd like it or not...an inferior cd at that...good luck riaa!!!!

  186. Hazzard priorities :) by westfieldscientific · · Score: 1


    If I was a fish reading /. RIAA as a threat is trivial compared to the millions of PENGUINS waiting to strike :)

    --
    give me a /home where the buffalo roam
  187. 700 GB would get their attention by Anonymous Coward · · Score: 0

    Not that Napster would ever load with more than 7,000 songs....

    But I bet my 700GB of music would catch the attention of the RIAAA.

  188. music shouldn't be *that* expensive to make by phossie · · Score: 1
    music shouldn't be expensive to make and it doesn't have to be. it gets expensive when you hire a studio at $400/hr, add a $200/hr engineer on top, spend millions on marketing, etc.

    the alternative is to let the grassroots "i'm empowered by my pc" thing work. *it is working now*, and it will continue to work more and more often.

    --

    [|]
    1. Re:music shouldn't be *that* expensive to make by foobar104 · · Score: 2

      Okay, so we're basically talking about quality. Music recorded in a studio with decent gear sounds better than the same music recorded in Phil's garage with a couple of $40 mics and a four-track mixer. Sure, you can go overboard, spending hundreds of thousands on take after take and track upon track. But sometimes the results of that work pay off and you get something really terrific. Would you want to live in a world where no music like that ever gets made because nobody can afford to make it?

      On the other side of the spectrum, we've got orchestral music. That stuff is pretty slim as audio engineering goes, but you've still gotta get a hundred musicians or more together in an acoustically neutral room for several hours. There's no way to do that for pocket change, period.

      Music is expensive to make. Good music-- by which I mean music of high production quality that's a real pleasure to listen to-- even more so. All the PCs in the world will do nothing to change that.

    2. Re:music shouldn't be *that* expensive to make by phossie · · Score: 1
      Music recorded in a studio with decent gear sounds better than the same music recorded in Phil's garage with a couple of $40 mics and a four-track mixer.

      I agree. I also know that you can put that studio together for less than you might expect (depending, of course, on the application).

      Sure, you can go overboard, spending hundreds of thousands on take after take and track upon track. But sometimes the results of that work pay off and you get something really terrific. Would you want to live in a world where no music like that ever gets made because nobody can afford to make it?

      90% of the time though, all that money is being spent on shitty-ass music that in reality is nothing more than an marketing-engineered product, not somebody's inspired work. and i think that really is a waste of money. the people listening to it don't care that much, and would happily listen to something else without a second thought if it were presented that way.

      On the other side of the spectrum, we've got orchestral music. That stuff is pretty slim as audio engineering goes, but you've still gotta get a hundred musicians or more together in an acoustically neutral room for several hours. There's no way to do that for pocket change, period.

      that's true, though acoustic neutrality is often less preferable than *good* acoustics (ie a nice location). some music will always be more expensive, for various reasons. i'm not arguing that all music should be produced on home pc's by amateurs, or that all music should be cheap - i am arguing that there's a lot of waste if we continue to do things the RIAA way. and i refuse to even discuss quality issues, since past a certain point it simply depends on the content. to rephrase, there is a point at which the quality of the engineering is good enough that it is not at all an issue. (certainly the vast majority of recordings do not reach this point.)

      good music does not always have to be expensive to make! it can be, and often it is, and sometimes it has to be - but not always. and, i think, not most of the time. it all comes down to listening pleasure, as you point out, and that means very different things in different contexts.

      --

      [|]
  189. Twenty Bucks by Luminous · · Score: 2

    I got $20.

    I can buy 1 CD
    or 2 DVDs....hmmm

    tough times call for tough decisions, but sometimes the decisions are pretty simple.

    Lately I've been buying my CD's at concerts I go to. Not really a statement, just how I've been doing it.

    --
    This is not the way to build a lasting empire.
  190. Re: ban a tech. due to potential use? by Anonymous Coward · · Score: 1, Insightful

    dude, you own scissors! those could be used to hurt someone. we need to throw you in jail.

    yes, its a sad state of affairs that many p2p apps are mostly used for priacy and pr0n. but that doesn't invalidate it as a technology. its just that current legal content distributors have all decided to take the simpler much more expensive distribution route of servers rather than use p2p infrastructure to distribute their content. p2p is still being devloped and explored; reliability and scalibility are increasing.

    expect to see p2p technology inside the intranet at corporations doing data archival, backup and computing. general use in appropriate legal circumstances on the net will follow.

  191. MP3 Trading = Broadcasting by Anonymous Coward · · Score: 0

    Wouldn't MP3 trading be not so much sharing among friends (which is legal), but more like broadcasting the songs to a multitude of people? Aren't there already fines for that?

    Power to the Open Source development community

    1. Re:MP3 Trading = Broadcasting by RebelTycoon · · Score: 1
      Following up on that idea...

      Wouldn't I owe them 0.014 cents per song per transfer? Even the most aggressive super node couldn't be possibly pushing out more then 1,000 songs a day.. $14 x the amount of days the RIAA has you in their sites...

      We need P2P software to be designed as streamers, that way we can only be tacked at a very low rate.

      The biggest question is, what are the issues of not owning the material being streamed? Do you need to own it to stream it since you are paying an ownership fee, or is that fee an entitlement to stream?

  192. ya ya ya ya ya by Anonymous Coward · · Score: 0

    Who cares.

    I said here years ago, we're going to fuck the RIAA, we're going to fuck them hard, and in the ass, and they won't like it.

    They're squirming right now, but Hillary and crew is going to learn to like it or go out of business.

    He he he. Hard to keep it up for these ugly crows though....

  193. I understand, now. by cgreuter · · Score: 1

    It just occurred to my why the RIAA has been coming down so hard on
    Internet piracy lately. Remember that the RIAA mostly represents the
    management of the music industry--not the artists and not the
    shareholders. It is the job of these people (or the people they
    supervise) to pick out the artists they think will sell well and to
    promote their albums.

    Now, record sales have been way down recently. There are two possible
    explanations for this:
    1. Internet piracy is cutting into record sales.
    2. The music industry is mostly managed by incompetents.
    Guess which one the managers are loudly pushing for. Guess what
    they're blaming when the shareholders ask why the company isn't making
    any money.

    That's right--this is all due to a bunch of pointy-haired bosses
    trying to save their jobs. Here's hoping that the next music industry
    will have more clue.

  194. I am the dj i am what i play by MrBleed · · Score: 1

    its the new radio...the only thing that will be accomplished is more elaborate p2p apps that hide the users...or at least make it harder to hunt them down like nazis...even if microsoft succeeds with its prison pc there will be some circumvention invented...i dont think consumers are stupid enuf to update to anything like that...we just may finally see the end of microsoft and people buying less pcs....

  195. Re:This is what they should do, but still won't wo by foobar104 · · Score: 2

    He then went on to describe how he used tools like Lightwave3D on a bunch of PCs to produce the special effects for Babylon 5, and that by using PC technology he was able to produce the show for less per episode than the networks paid....

    But this isn't new at all. You can always get it done more cheaply (down to a certain minimum cost, of course) if you're willing to cut corners in the production process. Stracican'tspellit's choice was to sacrifice quality for cost. The show may have had tons of quality in other areas-- I never saw more than about four episodes, so I have no opinion-- but the special effects looked like ass. Thus was money saved.

    But not every movie or TV show is a special effects vehicle. Sometimes it's a lot harder to cut costs without really eating into the quality of your project. Can you get away with using a less expensive (and probably less experienced) actor? How about filming on a soundstage instead of on location? What if the soundstage itself is too expensive? Can you shoot the whole thing in your house?

    My point is that quality work costs money, even if you're economical. Hell, The Blair Witch Project was just a couple of kids running around in the woods with video cameras, and it still cost $35,000 to make. Can't cut your budget much more closely than that.

  196. So what? by Anonymous Coward · · Score: 0

    "Have you ever stopped to consider, through all of your knee-jerk reactions and unlikely political opinions, that the RIAA and the MPAA might actually have a point?"

    But in the end, what does it matter?

    Its like saying "people who don't wait until they're married to have sex are SINNERS!!!".

    Who cares what these pseudo-authorities think?

    Why don't they try lowering the price of CD's to $8 and see what the @$# happens?

    $18 for a CD? I have no remorse in downloading. None. I don't even feel its wrong or illegal. I think its a moral imperitive to make sure the RIAA doesn't get any money from anything.

    They're mobsters, they loath you. They think of you as a sheep that needs to be sheared. You're nothing to them.

    Every time you defend them, it makes you a collaborator.

  197. Even if it *does* cost that by Anonymous Coward · · Score: 0

    That means CD's should cost about $4, not $18.

    The recording engineer who makes $20K for making an album isn't making the CD cost all that money.

    But the guy who runs Vivendi and pays himself $50,000,000 a year is having *some* effect, don't you think?

    1. Re:Even if it *does* cost that by phossie · · Score: 1

      absolutely. that's a much bigger problem, but it wasn't my point. :)

      --

      [|]
  198. Re:This is what they should do, but still won't wo by cca93014 · · Score: 1
    P2P networks as festering cesspools of piracy
    Er, what else do people use p2p for?
  199. Hmmm? by Anonymous Coward · · Score: 0

    I got this message while on a P2P.

    RIAA®>

    Hello and welcome !

    150+ registered !

    This HUB is going to be for registered users only! If u have 10GB
    including 5GB+ Full albums and few Completed movies u are able
    to register. Send Following information to [MP3]Elkoos, [MP3]Overdrive
    [MP3](TM) or to OUR bot RIAA®.

    Username: ( username here )
    Password: ( Password here )

    NOTICE** U CAN ALSO REGISTER IN HUB WEBSITE WWW.MP3000.INFO

  200. the simple fix to this problem by Anonymous Coward · · Score: 0

    The solution to this problem could be very simple. We just need to change the way that p2p servers list the amount of content on peoples computers. They should just show a max of 100 songs per person per session then the record companies would be not be able to tell who has a huge collection. Or if you want to be very paranoid modify the client to randomly share 100 songs for each session. Considering the volume of people on p2p networks these days I think that it would not make a big difference as that much content per computer will generally mean the connection will be at max all the time anyway.

  201. Re:This is what they should do, but still won't wo by mesozoic · · Score: 2

    That bit about knee-jerk reactions and unlikely political opinions has little to do with this discussion. I'm talking simple economics; you can't make money selling a product when just one copy of the product can be duplicated and redistributed at virtually no cost. But first:

    Then you'd better hang on tight to your favorite music and movies. Because there won't be much more of 'em.

    I'm aware of this, and it does worry me. Realize I'm not an advocate of piracy. I pay for my movies. I pay for my software. I think the people who put their hearts and souls into their work deserve to get paid. But for every person who shares my adoration for spending money, there are a hundred people who would rather be freeloaders. So I do worry about where music and video will be in thirty years.

    Of course, I think your line of argument is full of shit, so I'm really not all that nervous.

    You should be. Like I said before, there are many freeloaders in the world. Even if the American government starts policing copyright laws the same way they hunt drug trafficking, there are still hundreds of millions of people in the rest of the world's nations who would just as soon pirate their music. Why pay to buy music from a foreign corporation when you can just download everything from the Internet?

    Now, if you can actually provide an argument to the contrary, by all means, enlighten me. Otherwise, save the dirty talk for your blow-up doll.

  202. About damn time. by patrick+lang · · Score: 1

    Don't shoot the messenger. Sueing the delivery method doesn't stop the problem. What they need to do is simply scare the kiddies, then the illegal activity will go back underground where it belongs if anywhere. I don't know of 1 person who stopped sharing because 1) napster went down, or 2) audiogalaxy went down, plus others. They just downloaded another app and the piracy continued. I have bought seriously hundreds of cds that I heard first in mp3, illegal at the time. Those mp3's are all gone now, but I spent thousands I wouldn't have otherwise spent on cd's since I wasn't finding artists I was interested in listening the radio or MTV. Now that I have no mp3's (due to hard drive crash), I've found that I don't miss them. I buy everything on vinyl, and most online vinyl shops have realaudio or low quality mp3 samples. I hear before I buy, and I BUY. Better selection to check out than P2P, faster, and guaranteed to be online.

  203. Re:This is what they should do, but still won't wo by DNAGuy · · Score: 2
    If you are right, there won't be a movie industry. People don't care enough to make it worth parting with their hard-earned money. People are shortsighted about their spending. If a consumer industry is unable to see that, they will fail.

    If we're lucky, it will morph into an industry that takes into account the new technology.

    --

    BRENT ROCKWOOD, EST'd 1975

  204. Re:Gaaah! FUD from hell by Danse · · Score: 4, Insightful

    Or you could look at it from another viewpoint, that of the record industry. See, the record industry has been bitching and moaning about this big problem that they created due to their own greed. It's called payola. They have to pay so that the music they sell gets exposure to listeners around the country and around the world. They have been doing this forever. First they were paying radio stations to play their songs. Then when that was outlawed, they started paying some middleman to pay radio stations to play their songs. Now they're complaining that it's just too expensive and that the government should put a stop to it, boo hoo hoo. Oh yeah, and in the meantime, they are going to shut down napster and kazaa and anyone else that gets their music out to listeners around the world. Can't have that happening, can we.

    Now you might say that people who download songs will just listen to them on their computer and never pay for the CD, but I don't think there's any evidence that that happens on a wide enough scale to really have that much of an impact, and there is a decent amount of evidence that seems to say that Napster and others have had a positive impact on CD sales. I think that what the record industry should really do is work on their public relations problem. Get rid of Rosen and put an artist or several artists in her spot. They don't even have to be Britney-class superstars, and in fact, they shouldn't be. They should represent the vast majority of artists that make something around minimum wage or a little better. Kind of like the artistic middle class. They could help to persuade people that artists really need their support in order to continue to make the music that the fans love. That could probably make a huge impact on people. But if they really want to make it work, then they should knock off all the damn price-fixing crap and lower the price of CDs. They should probably stick an MSRP price on each CD too, so that stores couldn't just double the price without facing some serious questions. I think that the statement to fans would be that the record industry wants to do good by them and help them find the music they like and help artists to make a good living. Oh, and they would save all those millions that they've been flushing down the payola toilet too. Now most of us can't imagine this happening in a million years, but if anyone has the muscle to get a message out to fans, it's the record industry.

    --
    It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  205. ...and 100 years later, they'll still be at it. by ccchips · · Score: 2, Interesting

    ...so, with all this stuff going on, how come Americans aren't questioning why copyright expiration takes over 100 years?

    In fact, I can't help but wonder why the publishing industry has the nerve to target public libraries, even though the publishers already have the national legislature in their pockets. Already, they make scads of money on garbage paperbacks, magazines, and other landfill that never even makes it into public libraries, oftentimes, and now they want to outlaw used book and CD sales as well?

    So, when do we, the people, get our part of that deal; i.e., a 25-year copyright period, non-renewable, after which the work goes into the public domain?

    --
    --------------Rev. C.C.Chips---------------- For the real truth, visit
  206. Re:Gaaah! FUD from hell by uncoveror · · Score: 2

    Instead, the industry has focused on lawsuits against for-profit piracy outfits. Just who are these outfits? They certainly don't mean the booths at flea markets. Those are there week after week. Not all of them sell pirates, but you can always spot some who do. The RIAA doesn't even consider them competion. P2P is really a treat to their power over artists. The old system gave the the ability to arrrogantly tell artists, "I made you a star, and I can break you, so you better do it my way!" P2P has made it abundantly clear that fans decide who is a star, and this scares the recording racket's power brokers. To read more about that, check out an article entitled What Is Piracy?

    --
    The Uncoveror: It's the real news.
  207. Re:Shutting the stable door after the horse bolted by Dyolf+Knip · · Score: 2

    Searches, sure. But what about the actual file transfers themselves? Wouldn't each party have to know how to contact the other? I suppose those could be routed through supernodes as well, but that seems unlikely.

    --
    Dyolf Knip
  208. Not Bloody likely at all... by Pollux · · Score: 2

    So in other words to find most individual users they will have to invest time+money, yeah this'll fly for an association thats primary concern is profit!!

    If they carry out this plan, they'll find it incredibly not worth their time. The people I know who are storing cash houses of MP3s are your 18-26 year old male who has a crappy job and spends most of their time at home in front of the computer. They own very little property.

    I would presume that the RIAA would try to plaster some kind of $10 million lawsuit. So, let's figure out all that they need to do to do so. Subpoena the ISP, watch the data traffic on the individual's computer, get the feds involved, confiscate the computer equipment, and spend hours digging through the thousands of files on the computer. So, not only does the RIAA have to spend a ton of time and money doing things by the book, but they also will have to pay hundreds of thousands of dollars in legal fees. All to make some college kid go bankrupt and fork over all his assets, somewhere in the realm of $2,000 - $8,000 in property and computer equipment.

    Go ahead, RIAA. Sue away. If you think you're losing enough money by lowered sales, just wait until you go on this legal binge!

    1. Re:Not Bloody likely at all... by Courageous · · Score: 2

      If they carry out this plan, they'll find it incredibly not worth their time.

      The problem with this premise is that you have misvalued the result. To wit: it is not their objective to get financial rewards from the misusers (although there are likely employees using company hardware who make their employers unwitting potential defendants). Their objective is to create a climate of fear that makes the community of every day Shmoes think twice about casual pirating.

      C//

  209. Pork barrel for lawyers for generations to come by Anonymous Coward · · Score: 0

    Anyone that thinks this is a good thing has to have the smarts of a fucking fence post. Oh, they may bust 50 or 100 or so people, or more, but a random check of KaZaA-Lite shows there are more than 192,000,000 users (right now) sharing more than 319,000,000 files of more tham 2,000,000 GB.
    How long will it take to prosecute even 1% of this group? Simple math will tell you there ain't NO way. How much money would it take? Lawyers are gonna love this shit. What will it accomplish? Not a fucking thing. Most of these people don't have a lot of money. I will wager some have $50.00 or less spending money. Do you think they are going to spend $20.00 of it on a CD? I don't think so. All these Millions of Bucks the RIAA is spending on lawyers could be going to the entertainers. Believe me Hillary, showing your big ass is not my idea of entertainment.

    Maybe this is the Lawyers version of how to do an ENRON thing, legally.

    Folks, don't buy into Paladallium, it will kill everything, if it works.

    1. Re:Pork barrel for lawyers for generations to come by martyn+s · · Score: 1

      I sincerely doubt that the Kazaa network has ever had even half of 192 million people connected at once.

      I'm running Kazaa-lite right now, and there are 1,851,406 users logged on. The other figures you mentioned seem fairly accurate.

  210. Worst Case by phriedom · · Score: 1

    They are describing a worst case scenerio when they speak of the difficulties in tracking down a file sharing host. Most of the "big fish" file sharers are going to be on a broadband connections. And enough of the broadband big fish will have a static IP address to give the RIAA a variety of easy targets to choose from. They will be carefull to pick out people who have assets and who will not play sympatheically before the camera. The first case will not be a Doctor with a file sharing young teenage son, it will be a nerd who lives alone (so that it cannot be mistaken who was responsible) with a fat pipe and a giant RAIDed server of pr0n, mp3s, and DivX movies. He'll be inarticulate, combative, and swear a lot. At least that's what I would do if I were them.

    It is true that filing suits against all file sharers would be foolish at this point. But after they get the first 10 people...well they will probably reduce the number of people doing the sharing, and drive the sharers to use tools will better anonymity.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
  211. Eight (Re:Six) simple steps to win the lawsuit by PsychoKiller · · Score: 1


    1. Notified of lawsuit against you
    2. Drive to local music store
    3. Buy CDs of songs downloaded
    4. Show up to court
    5. Laugh in face of RIAA as they accuse you of stealing what you already own
    6. Yawn.


    You forgot:

    7. ???
    8. Profit!

    1. Re:Eight (Re:Six) simple steps to win the lawsuit by elemental23 · · Score: 1

      Where 7. is possibly "Sue the RIAA for harassment".

      --
      I like my women like my coffee... pale and bitter.
  212. I haven't found much music worth buying by Anonymous Coward · · Score: 0

    I have downloaded a lot of songs. Many of them SUCK. Just give me a porthole where I can send 1-5 bucks directly to the artists of good music, No way in hell am I buying songs that I haven't heard, or an album with one good song and a bunch of crap. well isn't that RIAA's Job to filter out crap songs? NO, they FORCE THEM TO GET POPULAR on the Freakin RADIO. (I don't download those) RIAA, freakin get your act together. Your the terrorist, and we ain't pirates.

  213. "Scare tactics my ass" by Anonymous Coward · · Score: 0

    yep, that's jail for ya.

  214. As Living Color put it: by Chris+Johnson · · Score: 2
    "Don't ask me why I play this music
    It's my culture, so naturally I use it..."

    *sound of plug being pulled*

    *sound of jump into future to 2069*

    Culture? What's a 'culture'? Oh, you mean those things people used to have back when they had the amazing and unthinkable technology to *gasp* play one tape and record it onto another, thereby making what's called a 'copy'.

    At one time, people actually did this! That was before the zero copying initiative, and of course before the move to SDs (Sayonara Discs) with their shelf life of two years or 300 plays, whichever comes first.

    Which is why there are still recordings from 100 years ago, 1969, but there is no record of any visual or musical performance from ten years ago, 2059.

    If it wasn't illegal to express such doubts, a person might well wonder whether we as a society really made the right decision in outlawing all forms of sound and video archiving...

    *POW!*

    *sound of doubt-expresser falling dead*

    Another intellectual terrorist made safe for society by the copyright industry ;)

  215. Re:This is what they should do, but still won't wo by foobar104 · · Score: 2

    That bit about knee-jerk reactions and unlikely political opinions has little to do with this discussion.

    Of course, you're right. I was annoyed at what I'd been reading, and I reacted rudely. I apologize.

    Realize I'm not an advocate of piracy. I pay for my movies. I pay for my software. I think the people who put their hearts and souls into their work deserve to get paid. But for every person who shares my adoration for spending money, there are a hundred people who would rather be freeloaders.

    Then is it safe to assume that you support copy protection technologies like JVC's D-Theater? In my opinion, building strong encryption into digital media storage formats is the only way we're ever going to be able to sustain a healthy entertainment economy. And, as we've discussed, a healthy entertainment economy is the only way we'll continue to enjoy the quality and quantity of loud noises and bright lights that we all love so much.

    Gosh, I feel like going home and giving my TV a great big hug.

    And as for my ``your argument is full of shit'' comment, I was really referring to the part where you said that the RIAA and MPAA are going to go out of business because you can't make money in entertainment any more. That's specifically what I disagree with. If the current state of affairs were to continue, then the entertainment economy probably would collapse, just as you say. But I don't think this state of affairs will continue. The recent, rampant anarchy will be replaced by secure but fair copy protection technologies like D-Theater. Your DVD player won't be obsolete exactly, because it'll still play all the DVDs you ever bought. But the studios will only release new movies in copy protected formats.

    That's what I'm expecting.

  216. Good question. by Weasel+Boy · · Score: 1

    "What the hell are you mad about? You say you do not swap music files, and all your music is legally obtained."

    I'm mad that the RIAA is resorting to dirty tricks that will impede my (and everyone else's) use of lawfully obtained music in the name of a bogus war on "piracy". Their revenues are down 10% this year? Be still my beating heart; my whole industry's revenues are down 30%.

    Could it maybe, possibly, be the case that the drop in revenues in the music industry has more to do with the fact that (a) we are in a recession, (b) their product is overpriced, and (c) they insult their customers rather than try to serve them, than it has with people illegally copying music?

    I'm mad that the RIAA chooses to assume that we consumers are all criminals. Talk about the pot calling the kettle black! The real or imagined economic harm they claim to suffer from song swapping cannot be but a tiny fraction of the economic harm they themselves have inflicted on musicians (through exploitive contracts, spurious bookkeeping and even outright theft) and the public (through gouging and price fixing). That sort of hypocrisy really gets to me.

    In a nutshell, I'm pissed off because, even though I'm not one of the people the RIAA is scapegoating right now, I will still suffer the loss of civil rights, higher prices, decreased utility, and societal harm that result from their campaign of greed (thinly and misleadingly disguised as a campaign against piracy).

  217. Suing the criminals is what should have been done by Anonymous Coward · · Score: 0

    to begin with! Finally a little logic in this insane process. Sue the people actually breaking the law. What a concept! Glad to see 1% of the sanity returning.

  218. Re:This is what they should do, but still won't wo by foobar104 · · Score: 2

    I've said it before and I'll say it again. A strong but fair copy protection scheme would put this whole argument to rest. Let the movie studios release their films (and the record companies their CDs) in a secure format that can be played as often as you want, but that cannot be copied under any circumstances. I'm sure the Slashdot Masses will rise up in anger at this idea, but the truth is that it'd be a pretty sweet state of affairs.

  219. a short list? by Anonymous Coward · · Score: 0

    few percent out of millions?

  220. Well.. by mindstrm · · Score: 2

    If they are sharing their whole drive unkowingly, who's fault is that?
    I doubt many people do it unkowingly. Maybe when they first get into it.. but come on. Are you trying to say that people sharing music online don't know they are doing it? Bollocks.

    Overstepping? Fair use? I'm sorry. This is the one thing that makes SENSE to me. Rather than going after facilitators like napster, who aren't really doing anything, or rather than making new law, just go after those who are breaking the existing laws.

    1. Re:Well.. by Anonymous Coward · · Score: 0

      They'd be at fault, of course. It's like getting into a manual car when you only know how to a drive an automatic and end up killing someone. Your fault, whether or not you know what you are doing.

  221. Except libraries pay for the books they lend... by Snaller · · Score: 2

    ... at least they do in europe - is it different over there? :)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:Except libraries pay for the books they lend... by TFloore · · Score: 2

      In the US, libraries pay for the books they buy. They practically overpay for the books they buy.

      A normal hardcover bestseller that you would pay $25 or $30 for in a bookstore, a library in the US will buy for about $80. Paperbacks have a similar markup for libraries.

      But there is no additional fee charged to the library for every time a book is checked out. It is, at least, a one-time cost for them.

      --
      This is my sig. There are many like it but this one is... Oops. Frank, I've got your sig again! Where's mine?
  222. Re:Shutting the stable door after the horse bolted by mindstrm · · Score: 2

    Umm.. okay. how about this.

    They see you on a p2p network, and have reasonable proof that your IP address is sharing 100 gigs of their material. Now, of course, that's not proof, that's just evidence.

    So they contact a judge, and your ISP, and find out who you are. Still no proof. But it's enough evidence to waltz into your house and sieze whatever is hooked up to the cable modem as evidence. Oh look, your computer is running kazaa, and sharing 100 gigs of files.

    THAT is evidence.

    Now, you are probably going to say they can't prove how many violations you did.. that may be true, but they can certainly show intent.

  223. Commander Hitler by Anonymous Coward · · Score: 0

    Welp, you guys have finally picked sides. I hope you enjoy your bed-time with the Media moguls.

    They'll buy you're ass out and sell you for peanuts just like all the other sell-out SOBs.

    TACO YOU NO LONGER REPRESENT THE PEOPLE YOU USED TO. YOU HAVE FUCKING LOST IT MY FRIEND!

  224. diving stations! diving stations! by penas · · Score: 1

    If you have the 2 minutes to go look for major record companies stock prices, you will understand they need to find paying customers NOW! ( 50% down in 2 days for Vivendi-Universal) They need your gigas in the books... On the other side, money will be running short to pay for any lawyers SOON. Why not sue Metallica for not making hits anymore?

    --
    {100% paranoia is not enough when you are 99.9% right}
  225. That's what they're used for now, but... by CryoPenguin · · Score: 1

    Which is cause and which is effect? Perhaps there would be more legitimate use of p2p networks if they hadn't been painted as being entirely for piracy.

  226. Not meaing to nitpick, but... by flonker · · Score: 1

    ...except that when you purchased the CD, you're required to also abide by the copyright, which means that you've agreed NOT to "share" (unless the copyright owner has explicitly granted such permission). It's the default arrangement, so it's part of the deal unless the copyright owner says otherwise. So, basically, you're breaking your word.

    There is no "agreement" here. There is the social contract (and copyright laws stemming from that), but that's the closest you'll get to an agreement. There is no word-breaking here. These are not the droids you're looking for.

  227. Don't Buy CD's day by Anonymous Coward · · Score: 0

    I propose we start the International "Don't Buy CD's" day, or better yet, week. Let's pick a day, start a ball rolling, and get everybody to not buy any CD's that day. If we could cut into the industry's earnings, even for a day, they'd feel it.

  228. You're Mistaken by Canar · · Score: 1

    WinMX uses a completely proprietary (and closed, sadly) protocol, but one that they're constantly upgrading. One of these days they might get it to a stage where they're content with it, and open it up... Maybe. I hope. Until then, it's still the best damn swapping service out there. Yay WinMX.

  229. Six in one... by interstellar_donkey · · Score: 1, Troll

    So, according to the RIAA, they are losing sales due to music pirating.

    Whats going to happen when all the music pirates are broke because the RIAA took all their money in court and can't afford to buy a CD anyways?

    What will the RIAA blame it on then? Oh wait. By that time they won't care, as they have figured out a way to have income without having to go through the process of manufacturing a band.

    *sigh*

    --
    The Internet is generally stupid
  230. I support technology. by nukeade · · Score: 1

    I'd like to point out that the fact that a law is in place may make something illegal, it doesn't make something wrong.

    I disagree with IP laws, in that ideas should be protected only as much as the "owner" can with cryptology, fancy coding, merchandise, value-added services, etc. If you don't believe that people will support what they like, then you're wasting your time lobbying against human nature anyhow. I agree that plagarism is always wrong, but sharing is what IP is meant for, and if you are going to lobby against the nature of your product, then you should not be its "owner" anyhow.

    ~Ben

  231. Re:This is what they should do, but still won't wo by Anonymous Coward · · Score: 0

    Have you ever stopped to consider, through all of your knee-jerk reactions and unlikely political opinions, that the RIAA and the MPAA might actually have a point?

    Omigod. How dare you say something like this on Slashdot? All the Slashdot pirates will no doubt squeal and mod you down.

  232. Hmm by Anonymous Coward · · Score: 0

    Don't these RIAA/MPAA people get worried about their own reputations when they make decisions like these? Imagine what would happen if they completely ruined a family because their 15 year old kid liked sharing MP3s online? I'm pretty sure a LOT of people would hate the RIAA/MPAA and label them as being fascist corporate pigs.

    Given that people like Hilary Rosen and Jack Valenti like to talk a lot of shit in public and bad mouth large groups of people, I'd say they are putting themselves in a very bad position. They don't seem to realize that they are pissing off a huge amount of people, and if I'm not mistaken, that's something people try to avoid.

  233. They can have MY pants by gelfling · · Score: 2

    Get naked and start the revolution !!!

  234. this kind of happened to me by crystalplague · · Score: 1

    I received a call from my ISP 3 years ago telling me the RIAA emailed them a cease and desist letter for me. I was running a pretty big mp3 ftp at the time. I asked my ISP to forward the letter and they did.

    The letter basically said they discovered the ftp and it was hosting illegal files and they named specific bands and albums I hosted.

    Now granted, my username/pass was mp3/mp3, but doesn't randomly portscanning, picking up carriers, and entering a private computer break some kind of law? I would hope so. My ISP didn't seem too concerned about it (The 20-something year old guy said: yeah we got this letter, so, uh, if you could stop, that would be good. They didn't even threaten to shut off service.) so I wasn't either. I politely emailed the RIAA back with a nice big F*** YOU. I never heard from them again.

    1. Re:this kind of happened to me by thumbtack · · Score: 1

      I hope you at least renamed your folder and password to something they don't have the intellegence to figure out (like NQ4).

  235. Free Music. by YT · · Score: 1

    So the question I have is if I have 10Gigs of free MP3's (i.e. "garage" bands that make mp3s of their music and put it out for free download). Does this make me a target for the RIAA? And if it does what the hell can they do to me? What if I'm sharing music that doesn't go through the RIAA?, i.e. Asian or Euorpean music labels?

  236. Re:Shutting the stable door after the horse bolted by Zack · · Score: 1

    Correct, only searches and results are sent through the supernodes. The results contain the address of the KaZaA node that has the desired content. Just like in Gnutella or Napster or AudioGalaxy or... There's a special case for users behind firewalls where you can send a push through thier supernode and they'll contact you.

  237. copyright your file list! by Anonymous Coward · · Score: 0

    Or have some kind of click through--

    "This unique list of files is copywritten by its owner and may only be used for the purpose of selecting files for download."

    I mean, if Gracenote (formerly the CDDB) can copyright their database of CD tracks and extra information, why can't you copyright yours?

    The RIAA would have to claim "fair use" to excerpt from it ;)

  238. repost: Re:Freenet uploading by Sanity · · Score: 2
    Yep, and the person who cached the content can then be sued for copyright infringement.
    Not in Europe, and I doubt this is true in the US either (otherwise Google would be illegal).
  239. This is the worst thing the RIAA could do by mgpeter · · Score: 1

    They'll have to arrest someone, and no matter who they do, they'll be setting themselves up for negative publicity.

    Furthermore if they do try to prosecute all of the people who share music online, they could and possibly will LOSE their copyrights in the first place.

    Think about it, we are granted a fair trial with a jury of our Peers. The people who will be on the jury will be the parents of all the teenagers that swap music (over 75% of those on P2P networks are teenagers), and if they aren't their parents, it will be people who have friends who have teenagers, or the people who feel that the RIAA is ripping people off in the first place.

    If they start taking people to court, it will backfire, and backfire big. They will lose, they will appeal, then when it gets to the supreme court, they will strike down the current copyright law, or at least modify it greatly, then the RIAA will be out of business.

    End of Story. Bye, Bye, See you later.

    1. Re:This is the worst thing the RIAA could do by Windcatcher · · Score: 1
      Excellent point.

      A word to the RIAA: If you sue someone here in Pennsylvania, you had better PRAY I don't get on the jury. That's because we have Jury Nullification here (no surprise since our Constitution was mostly written by William Penn, who's father was saved by jury nullification). If I get on the jury, you don't win. Period.

  240. technology and competition by nemeosis · · Score: 1

    They simply refuse to accept that technology and competition should drive down prices, and make materials available to the masses. Advances in technology and competition is what drove down the prices of computers to a level affordable by the masses.

    But yet, the music industry charges $15 for a CD which cost them pennies to produce. Sure, the content is important, but if they charge $5 for a CD, then millions of people WILL buy the CDs, simply because its easier that way. And piracy will no longer become a *central* issue.

    Why is it that the Congressmen cannot understand this and question the RIAA about this? Simply because they can make 100s of millions on a CD, and the industry believes that it is their right to make that much.

    I'm certain that the music industry is one of the few industries out there with the highest profit margin for material content.

  241. CD Blanks - $8 per 100 by Anonymous Coward · · Score: 0

    or $5 for the noname ones.
    Canada can to collect a supertax, but when the difference is so marked, there is going to be a problem. An economist would say elasticity - lower the price of your product.
    Somebody forgot to mention a DVD gives one 2 hours of nominal entertainment, when most audio CD's run 45 minutes if that, and are about the SAME price, often full of fill to boot.
    IMHO, the music industry must start adding A complimentary DVD to their product, as 'buyer remorse' has well and truely set in.

  242. Identifying sharers on the Gnutella network by HydroPhonic · · Score: 1

    It is not necessary to connect to the sharer to identify what he is sharing. When you send out your Query, just broadcast it normally. Then, sift through the returned QueryHits and find the ones with the target's Servent ID number. This must be accurate and consistent is the target is truly sharing files, because it's how Gnet tells the appropriate server of the request to download it. Make sure your Queries are specific enough to not overrun the "Return X queries per search" option set in the target's software. Initiate a download. Linking the ServentID with an IP address for a firewalled user is left as an exercise for the reader. Which brings up another point: the consulting firms for the XXaa will have to successfully complete some portions of download of copyrighted material to verify that it is actually being Distributed...

  243. Kill the Chicken To Scare The Monkey by Anonymous Coward · · Score: 0

    That's what Chairman Mao called the act of harming someone you could get a grip on for the purpose of of discouraging someone who was (temporarily) out of your reach.

    I think the applicability here is clear.

  244. Re:Crack Head Moderators by Anonymous Coward · · Score: 0

    How the hell is a random question 'insightful'?

    Granted it's more on topic than the usual rambling from asdf, but still... hardly any insight to be gained by wondering if the MPAA will sue next.

    Perhaps it deserves a -1 for lack of content?

  245. I am sure RIAA has given this some thought by 1001+0000 · · Score: 1

    For those of you conjecturing on why RIAA would do this, remember that people scare easy. About a year ago a warez group was taken down and the whole scene did a disappearing act for about a week (then promptly resumed the "liberating" of "information"). I believe if they came down heavy on the odd individual, people would be reluctant to serve large collections. The demand on the would be greater than the supply and widespread music sharing would grind to a halt, probably reverting back to its old ftp / private sharing form.

    I think a conservative estimate would be 1000 servers taken down for every server sued

  246. Democracy by xQx · · Score: 1

    Democracy \De*moc"ra*cy\, n.; pl. Democracies. [F.
    d['e]mocratie, fr. Gr. dhmokrati`a; dh^mos the people +
    kratei^n to be strong, to rule, kra`tos strength.]
    1. Government by the people; a form of government in which
    the supreme power is retained and directly exercised by
    the people.

    2. Government by popular representation; a form of government
    in which the supreme power is retained by the people, but
    is indirectly exercised through a system of representation
    and delegated authority periodically renewed; a
    constitutional representative government; a republic.

    ------

    Well, here's a novel idea.. if "the people" seem to want to pirate music, doesn't it make sence that the government of "the people" should make it legal to do so.

    Before you begin to flame me with a "it's illegal thus it's bad and you're a criminal so you should be punished" (like so many threads before) maybe you should ask yourself what the difference between an american 'democracy' and a dictatorship is if you, the people, don't question the laws you choose to abide by.

    I had wondered what the RIAA would do with themselves when they realised their lawyers outnumbered their recording contracts and they ran out of enemies to point them at. .. guess now I know. ... Anyone care to take bets on how long it takes for pirating music to become a "terrorist act"?

    1. Re:Democracy by o'reor · · Score: 1
      [Sorry, can't mod this up, I'm still a greenhorn in Slashdot land. I'd have modded it as "interesting" if I could.]

      I don't think the question is whether or not "the people" want to "pirate" music. Even the term "pirating" is very much dependent on the status that a code of laws (or a society) gives to an immaterial good such as music. What are the rules for sharing/distributing that music ? What are the rights of the end-user ? What are the rights of the performer/musician ? The rights of RIAA members are written in the law, whereas the rights of consumers are not !

      Basically, what gets on my nerves is that some people still consider the US as the greatest achievement in terms of democracy, and a government by the people, for the people. This is ridiculous. Let's face it : currently, the easiest way to pass a law is to buy a congressman. The higher the bid, the easier it is. Which makes corporations and/or rich lobbying groups the de facto lawmakers in the US. A fine lobbycracy you're living in !

      Of course, you might say that consumer associations could also gather to defend their point of view, using the same lobbying weapons. But how can a consumer association, the funding of which relies on the donations of its members, ever compare with a group of corporations in terms of funding ? I mean, you really have to afford to pay those lawyers and to fund those congressmen !

      How come there are no controls on the fundings of campaigns for congressmen / senators ? What amendments could possibly enhance the way the interests of people are represented in those houses ? This is waaaaaay off-topic, but it might be a start for a reflection on how to avoid having big corporations dictating their laws on consumers.

      --
      In Soviet Russia, our new overlords are belong to all your base.
  247. raising prices indefinitely by pompomtom · · Score: 1
    $20 CDs kinda fuck up that equation, but I don't recall the part of copyright law that says you can raise prices indefinitely without consequence


    It's there alright. Which part of 'monopoly' didn't you get?
    --

    Buckets,

    pompomtom

    "There's an exception to every rule. Except for some rules"
    1. Re:raising prices indefinitely by autechre · · Score: 2


      They don't have a true monopoly at the moment. Not every label is an RIAA member, and there is a pretty low barrier to entry. People who have gotten sick of $20 CDs have some choices:

      1. Whine about $20 CDs.
      2. Download MP3s made from $20 CDs instead.
      3. Both 1 and 2
      4. Discover labels that charge half that for CDs which aren't one or two "hits" with a bunch of filler.

      If anyone would care to reply with their musical preferences, I'll even recommend some artists (as best I can for some genres).

      --
      WMBC freeform/independent online radio.
    2. Re:raising prices indefinitely by pompomtom · · Score: 1

      Your points are valid, but I wasn't talking about the RIAA. What I meant is that copyright grants an artificial monopoly over the work in question. That's what it is.

      oh, and:

      5. Discover unsigned bands, and ask them for a CD.

      --

      Buckets,

      pompomtom

      "There's an exception to every rule. Except for some rules"
    3. Re:raising prices indefinitely by Sheetrock · · Score: 1
      If anyone would care to reply with their musical preferences, I'll even recommend some artists (as best I can for some genres).

      Actually, I'd appreciate that quite a bit. Can you think of anything that would fit into a CD rack that already has Pink Floyd, The Who, Grateful Dead, AC/DC, Motorhead, Aerosmith, Led Zeppelin, Tangerine Dream, and Brian Eno?

      --

      Try not. Do or do not, there is no try.
      -- Dr. Spock, stardate 2822-3.




  248. Re:Gaaah! FUD from hell by jethro200 · · Score: 1

    What?! you mean that some people hit the "I Agree" button without reading, or inteding to obey section 2.6 of the license agreement, saying that you will not "Transmit or access any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;" huh. weird.

  249. DEATH TO THE RIAA! by themusicgod1 · · Score: 1

    on that note, RIAA email me here, for my new home address. come and get me motherfuckers!

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  250. Re: Copyright is NOT a right by Balagan · · Score: 1

    This has nothing to do with murder. I have an actual, inherent right to live... they only have a limited grant of copyright as an incentive to create. This isnt just for the judicial system to handle. This relates to our lives and in a democracy or even a pseudo-democracy it is incumbent on the population itself to be active in its own defense. If there is something like this that large numbers of people like you or me have a very large problem with then the courts are only one area of battle for it. We can also challenge the labels and their mismanagement/abuse of that limited grant more directly through public debate, coordinated countersuits, political means, and financial means... They dont have a right to be exempted from competition or from having to justify their continued grant of "copyright".

  251. New Business Model by Anonymous Coward · · Score: 0

    The RIAA is simply doing the same thing Microsoft is. People realize that much of the music on the radio (and thus much of what comes from the RIAA) is crap, and are turning to other bands. Software for production of music gets better and cheaper (and maybe someday there'll be something gnu for it), and bands no longer _have_ to rely on selling themselves to the entertainment biz to get started. Eventually it won't benefit them to. Someone over at the RIAA has realized this, and we're seeing the result. Enough lawsuits, and there'll be (more) laws following, eventually laws that'll _require_ copyright protection on every computer (haven't they already been passed?). They won't have to come up with a new business model, or change the way they operate...they can simply have laws passed to enforce their ways. Microsoft is doing the same thing with Palladium.

  252. They're suing SUPERNODES!!?!?!? by iamroot · · Score: 1

    ...as well as so-called "supernodes," or people who provide the centralized directories...

    Supernodes aren't violating copyright. That is like suing because I say the person at IP xxx.xxx.xxx.xxx has copyrighted material. Especially considering that they are automated, supernodes don't violate copyright! Talk about stupid.

  253. Distributed partial files - illegal? by SailFly · · Score: 1

    It seems to me that RIAA is going after the "big fish" who share lots of mp3 files.

    What if Gnutella would (and soon will) keep partial files distributed on various machines? In theory, we would all have partial files, and therefore would share only part of the original work, not the whole file. So, to construct the original file it would require a collection of partial files assembled together from a variety of hosts.

    This would mean that no single person could be responsible for distributing a single copyrighted work, right? Unless they are considered part of a consipiracy. But, not knowing/caring who the other people are may insulate the individuals from the consipiracy.

    It's like treating distributed files in P2P like the T1 and T3 links that form the internet. The transfer medium isn't to blame, it's the individual who uses it. Using this kind of anonymous distributed file system would ensure that my 10GB that I share doesn't form a single complete mp3, rather many parts of many files. However, the individual who downloads many partials to form a single mp3 might be considered the perpetrator.

    Would this work?

  254. Not really by Ogerman · · Score: 2

    This is what they should have done in the first place- go after the people who are actually doing it instead of making P2P seemingly illegal.
    WARNING: Opinions Ahead. (-:
    What a clueless statement. First off, P2P itself has never been and will never be "seemingly illegal". Second, Mr.Taco, this whole issue is not about reasonable respect for the RIAA as long as they "behave." This is about a grassroots movement to eliminate a long-standing cartel that has been found guilty on multiple occasions of price-fixing (which hurts consumers) and has been screwing over musicians for decades with bad contracts. It's about digital technology bridging a divide and eliminating obsolete middlemen. It's about the people of the free world asserting that their personal freedom is infinitely more important than the profits of mega-corporations. (And do you want DRM all through your hardware? eh? Didn't think so.) I'm a big supporter of the musical profession. But I do it in a way that only helps those who deserve compensation for their work--the artists themselves. That to me means a complete boycott of all RIAA member music. Anytime you buy an album produced by an RIAA member, you are voting with your dollars that the RIAA is the way to go. You are encouraging artists to keep selling their careers to greedy middlemen and you are discouraging folks from going independent because they're afraid of being ignored otherwise.
    Then there are the people who keep saying stuff like "hey, I buy more music now because P2P lets me preview it." This is precisely what NOT to do because guess what kinda music dominates the P2P scene? RIAA member music!!! Do you want to empower people who are striving to take away your rights? It's so ironic it's sick. Don't even download the crap!
    Support live music. Support smaller bands. Boycott RIAA member music. Learn to play an instrument yourself. Lets take back our culture.

  255. Not sharing... by aexandria · · Score: 0

    So what happens if you don't share your drive out? How are they going to find you? How can they prove that your MP3 is illegal and mine is not? I believe it to be an empty threat

  256. Now more than ever... by thumbtack · · Score: 1

    Boycott-riaa.com
    http://www.boycott-riaa.com/links/link.php - Free banners and buttons for your website

  257. Position Statement by chazzf · · Score: 3, Insightful

    I've grown tired of responding to incessant peer-to-peer/music industry/IP/Congress (they all seem to revolve around the same issue) stories, so I will simply state my position on the whole matter once and for all.

    1. Filesharing networks are a tool, as is a car or a firearm or an aircraft. There are legal and illegal uses for all of them. The fact that a majority of users misuse filesharing networks is no more relevant than the fact that a majority of American motorists break the speed limit. Period. End of story.

    2. Certain songs are copyright their respective copyright holders, in this case the Recording Industry Association of America. Those songs are their intellectual property. This is not a gray area. Now, should it be demonstrated and upheld in a court of law that they, the RIAA, have abused this copyright, this may change. Hasn't happened yet.

    3. End users that have not paid for said music or otherwise acquired a LEGAL license to said music do not have the legal right to possess their own distinct digital copy of said music for any purpose other than parody. In English: If you didn't buy it you don't own it.

    4. End users who download music that they do not otherwise own are committing theft, recognized as a crime in most countries. End users who back up their music are not, so long as they have purchased said music.

    5. End users who make available copyrighted material that they have paid for but others may not are abetting theft. Analogy: You set up a card table outside a record store. You offer CD's burned with music. You put up a notice stating that you may only take the CD if you already have bought the music legally. You do not attempt to verify whether or not anyone has done so. Right. Sure.

    6. Suing someone for engaging in the above practice is indeed legal. That person is willfully distributing something that is not theirs to distribute. This is illegal.

    7. To copy-protect a CD to prevent ripping is a violation of fair-use. However, fair-use is not defined in stone. Moreover, to circumvent the copy-protection is a violation of the Digital Millennium Copyright Act (1998). Like the law or not (I don't), it is law. It conflicts with fair use, therefore the courts must decide boundaries.

    I could go on, but that about sums it up. I dislike the RIAA intensly for the way they treat artists, end-users, et al., but they do have legal standing here. As for CD-ripping, I can only hope they get knocked ass-over-teakettle.

    This is not a troll, but what I hope is a clear stating of the matter as I see it.

    ~Chazzf

    --
    No statement is true, not even this one.
  258. RIAA list by willpost · · Score: 1

    RIAA currently has 806 members:
    http://www.riaa.org/About-Members-1.cfm
    Does anyone know any big labels that aren't on the list?

  259. Some authors also believe libraries are theft by Reziac · · Score: 2

    I have heard (with my own ears) two well-known authors decry libraries as "theft", because they feel that one book should mean one reader (ie. one sale per reader). So it's not just publishers who are so misguided and shortsighted.

    (Point of irony: both are SF/F writers.)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  260. having mp3's doesn't make you guilty by Anonymous Coward · · Score: 0

    I've got 80 gigs of music and I sold my CD's, but have never used p2p. Am I going to get sued?

  261. Well, kind of. by Selanit · · Score: 2
    Right. Libraries. The publishing industry doesn't make much of a public fuss of it, but one of the goals that they are starting to consider reachable is using the growing copyright restrictions to shut down public libraries. In the eyes of publishers, libraries are nothing but open copyright violations. All the arguments being made about "piracy" apply directly to libraries.

    In some quarters, yes, the above is true. (Harlan Ellison, ^h^h^h.) However, the publishing industry is much more divided on the question of "piracy." The audio industry (the corporations, that is) all agree that song swapping is inherently bad for their business. But in the publishing industry you find people who actually encourage book swapping -- and not just some authors. Check out the Baen Free Library, an archive of freely available books. There are some non-trivial names on the author list there (Jerry Pournelle, Lois McMaster Bujold, Mercedes Lackey) and it has official sponsorship from Baen Books, which is one of the largest publishers of science fiction and fantasy.

    The introductory page by Eric Flint, "Introducing the Baen Free Library" is an eloquent argument for the share-and-share-alike crowd. Anyone who is interested in this debate, regardless of which camp you prefer, would be well advised to read that essay. (It's fairly lengthy, but worth the effort.)

    This was, by the way, discussed multiple times on Slashdot.

  262. The Solution... by evilviper · · Score: 1, Troll

    Okay everyone, read this carefully.

    According to the DMCA, a violator of copyrighted material must be notified of their infringement, and given a chance to remedy the situation before legal action may be taken.

    1) If you are notified by the RIAA or MPAA that you are sharing copyrighted files, do not state of imply any intentional breaking of laws, just tell them the following:

    "I'm sorry, I didn't know that THOSE files were copyrighted."

    "When searching for perfectly legal content, often there are files mixed in there that are not legal. I did not intentionally download them."

    "I have legally obtained those files... My software automatically shared them without my knowledge."

    2) After which you've said one or more of the above, remove all the files they SPECIFICALLY NAME, and get on with your life. If they find you sharing the same content again, you will be dragged into court. If you have other copyrighted files, and are notified just as before, go to step 1.

    3) I would also recomend the slowest method of communication possible. Wether they contact you by e-mail, phone, or snail mail, I recomend replies by snail mail. For one thing, it will give you plenty of time to think through your responses, as well as causing the RIAA/MPAA to spend a great deal of time in communicating with you. There's no law that says you must use the fastest mode of communication available.

    4) I am not a Llama. However, I have read several legal documents thoroughly detailing the DMCA.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  263. Bad economy = poor sales? RIAA doesn't think so. by moncyb · · Score: 2

    Or could it be because people are getting fed up with the latest crap from Britnay Spears and N'sync?

    You seem to be missing the most absurd point about their claims that copyright infringement is causing sluggish sales in 2001/2002: the economy has been in the toilet that entire time! Yeah, what you said may have something to do with it, but I think the economy is the biggest factor.

    Not quite as absurd as the doublethink they were pulling in 2000. They said they were losing profits to "piracy", and yet I heard 2000 was one of the best years they had profitwise.

  264. You've got it the wrong way by Anonymous Coward · · Score: 0
    The Law states that everyone is innocent until proven guilty. So your post should have read as:
    Until I find hard evidence that suggests at least 99% of users of P2P software(s) use it for copyright infringement, I'd have to stop insulting all these people with a possibly diffamatory statement.
  265. Copyright Holder != Artist by Anonymous Coward · · Score: 0
    Let's push your example a bit further shall we ?

    So John makes music and has a record company to distribute it in his place. In the Real World, this means there's a 99.9% chance that the record company bought the copy rights to his music (cheap). So he's not getting a single cent out of the sales of his albums because he was never supposed to.
    And when Bob shares the music over P2P networks John doesn't "lose" anything. Whether the record company is actually losing money on this is also debatable.

    Yes, p2p, and the entire digital realm for that matter, is great for avoiding the zero-sum problem of most markets. However, this doesn't mean it's alright to take other peoples work and do what you will with it.

    Guess what the RIAA and record companies are doing with artists' work ? The artists should sell their music on their own, using new technologies that make it affordable.
    1. Re:Copyright Holder != Artist by tempest303 · · Score: 2

      My point, though, is that two wrongs don't make a right.

      You're correct, though, in that the *true* model here needs to be a more direct-sale model. If we can fend off the copyright cartels long enough (another year or two, I think... perhaps I'm too optimistic in this estimate?), a good music business model will emerge, in the form of something like Emusic, only artist-owned, not Vivendi-Universal owned. (And using Ogg instead of MP3. :)

  266. False assumptions. by hearingaid · · Score: 2
    Of course, you're assuming that most of the big distributors are using their own machines, and are traceable.

    I think this is not the case. I think most of them are using untraceable, high-bandwidth locations like PCs in university labs. This is mostly because broadband upstream is inefficient, and also because these people have been around since the days of sticking FTP servers on PCs in labs, and that's what they're used to doing. Burn a few CDs, walk into a university lab, copy the files, put Kazaa/whatever in the machine's startup, and go to. Believe me, it's not hard.

    --

    my old sig used to be funny, but then slashcode ate it and now it's not funny anymore

  267. coming from a musician by Anonymous Coward · · Score: 0

    I've had it with these people. I have been approached by 2 different "scouts" and let me tell you, the musician is the one that does ALL the work and gets NONE of the credit for their work. A band gets $1 per CD on average....IF that. Where's the other $20 going? I'll tell you, 20% goes to the studio expenses (ie, employees, equipment repair/replacement media to put the recordings on and some to spare but not much). So, we've counted for 25% of the cost of a CD. Another 1% goes to art...graphics for the jewel case and printing. That's about 26%. Let's be VERY generous and say we're dealing with Metallica and about 20% maybe even 30% goes to marketing. Now you've accounted for 56% of the cost of a CD. Now all you have left is to pay the scouts, CEOs, publishers, and others that decide "what you want to hear". But then let's not forget paying the RIAA.

    I will NOT sign with a studio that is with the RIAA. I have already turned down a deal because of that very reason and I will continue to do so. I'm not going to let some PLICK (lethal weapon 4 language) get money simply because he THINKS others will like what I play when I can earn a living without him.

  268. All it takes is a few public lynchings... by chrispl · · Score: 0

    All it takes is a few hyped up public lawsuits against "Joe average MP3 trader" to get people to think of downloading MP3s as a REAL CRIME that breaks laws that are actually enforced.

    Right now the public mindset seems to be "everyone is doing it and nobody gets in trouble for this stuff". A a couple public lynchings of P2P users and a lot of casual traders will think twice about sharing their collections.

    Why do I have the feeling that we will all be listening to a lot more forgein music as scared americans zap those shared folders?

    --
    What post? The one you're carrying inside your rusty innards!
  269. No copyright in Iran by Anonymous Coward · · Score: 0

    That's one of things I like about Tehran. There's no copyright - I get 100k per second with mutella, and the RIAA can't touch me! Eat your heart out, RIAA!

    Also it's the cheapest city in the world to live in, according to a
    survey released today.

  270. You meant morals, right? by mahmud · · Score: 1

    ...since ethics is just a code, a set of laws and rules. You are ethical if you live exactly by that arbitrary set of rules. Which says nothing about the morality, or goodness, of those rules.

  271. not exactly by commodoresloat · · Score: 2
    If you could all agree not to break the law you'd be better off. Of course such an agreement depends on the record companies being trustworthy...

    That's not true at all; it depends on the law actually being enforced. It is nice when people agree not to break the law, but if they won't agree to, they are forced to; either way the law works. In theory anyway :)

  272. And the winner is... by commodoresloat · · Score: 2

    "That's right, your Honor, according to the data we have researched, the biggest collection of illegal mp3's on the internet belongs to this character named "CowboyNeal." We'd like to formally request a warrant to search his hard drive."

  273. Re:Gaaah! FUD from hell by Anonymous Coward · · Score: 0

    It wouldn't bother me in the least to see on the news that Hillary Rosen had been kidnapped, tarred and feathered, and released on Sunset Strip.

    Maybe we should bring back some of them "old-time" punishments.

  274. Decline in Sales by Anonymous Coward · · Score: 0

    "World-wide music sales dropped 5% last year" - maybe that's just because the music's crap at the moment and less people want to buy it! Or am I just getting old?

  275. I like it both ways... by Anonymous Coward · · Score: 0

    So, what if their searches turn up spoofing by the RIAA themselves? Will they take themselves to court?

  276. Wishing Zappa was around still. by ONOIML8 · · Score: 2

    I can imagine a rewrite of Joe's garage. Joe's just been released from prison and starts to play a guitar riff in his head because music is illegal. But then the thought police come take him back to jail because the guitar riff he was playing wasn't his, he didn't pay a royalty, and a telepath nearby could have read his mind.

    --
    . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
  277. be they successful or not by modipodio · · Score: 1

    What we need is decent broadband at an affordable price ,until that happens the record industry will be able to hang on to its crappy business model cause no dial up 56k userbase p2p network will be able to evolve to the same standard of audiogalaxy for example.

    I dought what the riaa are trying to do now will be effective at stopping people sharing music or in incouraging people to buy there artists music. It has been said before but I will say it again
    the main aim of this 'war on music sharing' is one of control ,the music industry wishes to control the manner in which new music is presented to us and thus where bands have to go if they wish to make it big, the sharing of music over the interenet undermines this position .

    The only way I could see the music industry having any further success in this war would be for them to become more intergrated into isps and at an isp level blacklist people who trade music , aol/time warner would be one group in a perfect position to do this.If all the major labels started buying into isps and trowing people of for trading music and then placing these people on a black list which would ban them collectively from all riaa assossiated isps as well as harrassing all non riaa isps for allowing pirates on there service , mabey then they might see a decrease in music sharing, but then again would any of this really benifit them in the long run or would it just really piss off lots of people and cost them alot of money and customers
    ?

    --
    __________________________________________________ "UNIX is a fascist state, Windows is a democracy.
  278. Can't get rid of the FCC by sl3xd · · Score: 2

    The FCC is very similar in function to your local Department of Motor Vehicles.

    You don't need a licence to walk down the road, but you do for a car. There aren't many rules for what you do when walking around, but there are plenty of laws and rules for driving.

    The difference is a matter of risk, organization, and benefit.

    People generally don't collide into each other when walking around. If they do, it generally isn't fatal.

    However, without motor vehicle laws, the roads would be basically useless, because there's nothing to regulate traffic at an intersection, there would be far more auto accidents, and far more auto-related fatalities. And I hate to imagine the traffic jams.

    Since driving requires much more responsibility (from both a 'society' standpoint, and a personal standpoint) than walking does, we require a licence to drive.

    Radio is not much different. Without the FCC's rules and regulations, the entire radio spectrum would essentially be a giant traffic jam.

    What many people either do not know, or willfully ignore, is that there is a very finite radio spectrum. The entire radio spectrum can only handle transferring a relatively small amount of information. (Compared to, say, a fiber optic cable). And even the latest technologies can only compensate for so much interference. Even spread-spectrum technology fails when too many devices are using the same frequency range.

    The FCC does a few things that are absolutely necessary to keep wireless technologies going smoothly. The FCC does a few things:

    * They control how the spectrum is divided up, and enforces the separations. This way you don't end up listening to your next-door neighbor's cell phone call while you're trying to watch the super bowl, etc, etc. Basically, they create the "standards" for which frequencies are used for specific purposes. Somewhat similar to saying you drive on the right side of the road (in the US at least).

    * They put limits onto how much power can be used to transmit a signal. These limits are to actually keep things local. Otherwise, big rich group X can just transmit with so much power that nobody else can use the frequency. Another good example is a cordless phone. Sure, it would be nice if your cordless phone worked for miles around... But it would limit the number of cordless telephones that could be used at any given time, as they would start interfering with each other. So, the FCC limits the amount of power a cordless phone can transmit with-- which limits its range, but allows for thousands of phones to be in a small area without interfering. Similar to saying a car can only be "this big" and drive on the roads.

    * They certify electronic devices; that they don't emit any spurious RF signals. (Meaning, they don't make "background noise" Kinda like emissions testing.

    * They have authority to enforce their rules. (Like your average traffic cop)

    Radio stations (and TV stations, telecom companies, Ham Radio enthusiasts) all have to pay to recieve a licence to transmit (once a certain amount of power is used)-- and even then they must do so on specific frequencies.

    You don't need a licence to use a cell phone, wireless LAN, etc. because they're actually very limited devices. They have short range, so there isn't as much of a problem with interference from other people.

    --
    -- Sometimes you have to turn the lights off in order to see.
  279. Re:This is what they should do, but still won't wo by RoofPig · · Score: 1

    Artists can make money the same way they always have: concert revenue. Even signed bands get most of their money this way. When you buy a CD, unless they're one of a handful of groups, they will see very little of that $15. Movie stuidios can continue making a profit the same way they have before the VCR was invented. There will always be money to be made in the film industry whether or not you can download movies for free. Somehow I seriously doubt that if the RIAA and all of the music under its umbrella suddenly vanished, that it would be the end of music, or even the end of good music. New companies and new bands would no doubt spring up and maybe they'd adapt to the way things are now because face it, you're never going to not be able to download music. There's always some IRC channel or some FTP or some whatever.

  280. Re:This is what they should do, but still won't wo by foobar104 · · Score: 2

    face it, you're never going to not be able to download music. There's always some IRC channel or some FTP or some whatever

    Which is exactly why I'm very much in favor of strong crypto. The music (and other media) piracy problem goes away if we use strong crypto. Weak crypto solutions like CSS are clearly insufficient, and cause more problems than they solve.

    What we really need is an open-source collaborative project to build a strong media encryption system. It's a great technical challenge, difficult and fun, and it would solve a significant problem in the world if done right. Who's going to open the Sourceforge account for us?

  281. Re:Gaaah! FUD from hell by guanxi · · Score: 2

    John makes music for a living. His record company rips him off with a crappy contract, but it's better than starving or having to work at a regular job full time so he couldn't focus on his music.

    But Bob down the street doesn't care to pay for John's music, even though he enjoys it, so he downloads it off a p2p network. Then he "shares" it with everyone else on p2p networks, so they can do likewise.


    I wonder if the people who write this stuff ever use P2P?

    To continue: Then Hank, Mary, Jane, and a few hundred others download the song, enjoy John's music , and then buy his CD. This is the only way, of course, that they'd ever hear John -- They'd never even see his name otherwise, they wouldn't pay $15 for a CD from someone they never heard or heard of, and John is very unlikely to get radio play

    Now, if John performs music outside the mainstream -- say, free jazz -- this is pretty much his only hope to get his name out.

    It's a free distribution system -- it should put music distribution companies out of business; that's how the economy works: Computers put typewriter manufacturers out of business. They have no special right to make money or maintain the industry in the state to which they're accustomed.

    They do have a right to their copyrights. But they need to specifically identify who has done them what amount of harm, not just attack p2p in general. I'd guess Britney Spears has lost some sales; I very much doubt 'John' has.

  282. thell the music companies to go fook themselves by Anonymous Coward · · Score: 0

    the subject says it all

  283. Re:Gaaah! FUD from hell by samdu · · Score: 1

    The problem with putting an artist out there to influence people is that the artists see so little of the money from CD sales that they're not likely to intervene on the part of the RIAA.

  284. Zeropaid discussion on this headline by wessman · · Score: 1

    Here is the Zeropaid discussion on this headline: http://www.zeropaid.com/news/articles/auto/0703200 2e.php

  285. Re:Gaaah! FUD from hell by tempest303 · · Score: 2

    I wonder if the people who write this stuff ever use P2P?

    WEll, this person has. I don't anymore, as I began to notice that I DIDN'T always buy what I liked - if I could find a song/album encoded well (ogg or >160kbps MP3) on a p2p system, what's my incentive to buy the album? Doing the right thing? That might work for a handful of people, but not the majority of the population. If they can get songs of nearly equal sound quality to a CD, why buy the CD? It certainly doesn't help the that /. and even some quasi-major media outlets are telling them that record companies are evil (true, IMO) and that the best way to "get back at them" is to break the law via p2p networks. (false, IMO)

    Your example about free distribution is good, but it's only a paritial answer. Again, if ALL of an artist's music is p2p-available, why buy anything? Distribution of singles via p2p is a great idea, but whole albums? I'm not so sure.

    Finally, and this is the most important part, it is the ARTIST that must allow or disallow their work to be distributed in a certain manner. Record companies violate this through coersion, and p2p users violate it through outright violation of the law. It is no one else's place to tell an individual how they should have their music distributed, and this is the most fundamental question in the whole equation. Yeah, record companies suck ass, but that doesn't make stripping artists of their rights via unauthorized p2p distribution acceptable, either. They're both wrong. As I said in another reply, the future of music (I hope!) lies in the 'Net, with artist-owned distribution houses, and high quality, open standards like Vorbis.

  286. A prediction comes true... by rechsmjr · · Score: 1

    Not that anybody cares, but let history record that I predicted this exact thing in April of last year:

    http://slashdot.org/comments.pl?sid=5184=1108508

  287. Re:Gaaah! FUD from hell by guanxi · · Score: 2

    If they can get songs of nearly equal sound quality to a CD, why buy the CD?

    I'm not sure I have a great answer to that question, but here's a thought: How long would it take to duplicate a CD?
    * Find out the song list of the CD
    * Download good quality copies via p2p of every song (many p2p files are incomplete or poorly recorded. You'd need an hour+ to verify the quality of all the songs).
    * Burn the CD
    * Find the lyrics
    * Find some 'artwork'
    * Layout the packaging
    * Print the packaging

    Not everyone will care enough to follow all those steps, or pay $15 for the convenience of having someone else do it, but you get the idea.


    this is the most important part, it is the ARTIST that must allow or disallow their work to be distributed in a certain manner.

    I'm not sure I agree. Most important is, how much harm is being done (if any), by who and to whom?. I don't see good answers to any of these questions.
    * If no significant harm is done, it's a problem of principle (yes, the owners of the music probably deserve some control), but not a big deal. I've seen nothing reliably connected CD sales to p2p.
    * If you can't say who is harming them, demonizing and punishing all of p2p technology and its users is not an acceptable alternative. I buy CDs; why should I suffer?
    * If you can't say who is hurt by p2p, then you can't just assume it's everyone who ever cut a song. As I said, Britney Spears probably suffers; artists not on the radio (small or non-pop genres) probably benefit.


    Finally, the marketplace is sending a clear signal to the CD industry: Your product is obsolete; we don't want it anymore; we want p2p. The industry is trying to legislate away this reality, but it's almost ridiculous to watch American courts and Congress forcing consumers to use inferior products, all to subsidize a dead industry. Any economist can tell you what the outcome will be. Figuring out how to make a profit isn't my problem, it's the music industry's.

  288. source? by jmd! · · Score: 2

    You have a source on this little factoid, or are you making it up as you go. Why can't they run over to Waldenbooks and buy it at 10% off... or surf over to Amazon and buy it at 30% off.

    Hell, I can donate books to my local library. Tell you guys what... gimme your book budget (at 80$/book) and your shopping list, I'll have Amazon ship 'em to you and I'll keep the change.

  289. Offtopic, then on again by r_barchetta · · Score: 1


    Let's get the offtopic part out of the way. First up, the word crisis. I never said we had a health care crisis in the US. I said our health care system is fscked up. That's not the same thing. A crisis would be not having any doctors to treat sick people. Our system is screwy because at its root is the idea that if you cannot pay for health care (either through insurance or otherwise) then you do not deserve it. My belief (or model, if you prefer) is that the simple fact of being a U.S. citizen should grant you the ability to get good health care at no cost.

    I congratulate you on having good health care without health insurance. But even you admit that this is rare. Incredibly rare were your exact words. Which is sort of my point. Why should it be rare to have good health care without insurance? Even moreso, why the hell do we need health insurance anyway? It's classist and designed to punish those less fortunate. Don't believe me? Go have a look at Brownsville in Brooklyn for a few months. See how those kids live. Then come back and tell me our government takes care of all its citizens.

    I know we'll never reach the utopian idea I have for what health care should be. It's not because it's impossible. We can send people into space so don't tell me we couldn't make a better health care system. It's because people in America don't care about other people in America (or the world for that matter). I'm talking about our day-to-day living and would be happy to provide many examples of just how inconsiderate we are toward each other. If we made it a priority we could make it happen. We won't because no one cares.

    But enough of that. On the to question of copying and distributing music for no personal gain. Fair use does not give you unlimited rights to reproduce and distribute copyrighted works just because you are not profiting. Yes, commericial vs. non-commercial (their phrase is 'nonprofit educational purposes) is a factor. But this comparison (commercial v. nonprofit) is part of the larger issue covering the nature of the use. What's the nature of putting someone else's work on a file-sharing service?

    The other Fair Use factors are:

    the nature of the copyrighted work

    the amount and substantiality of the portion used in relation to the copyrighted work as a whole

    the effect of the use upon the potential market for or value of the copyrighted work

    Yes, you can copy a CD to a cassette, or mp3 or whatever for personal use. And that's fair use. Fair use might even be giving a copy to a friend. Even though I'm not a strict interpretationist when it comes to law I feel I should point out that the US Code for Fair Use does not specifically mention "giving copies to friends" as an example of acceptable reproduction.

    Either way, making your copy of a song available to thousands of people (many of them you won't know) is not in the spirit of fair use.

    -r

    --
    Just because something is free does not mean you have to take it.