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MPAA Goes After Its Customers

EyesWideOpen writes "The Motion Picture Association of America (MPAA) is issuing 'takedown' notices to ISP's to alert them that customers are using their internet service to transmit or post copyrighted movies. The ISP's in turn send a letter to the customers threatening to disable their internet connection unless the offending material is removed. The MPAA is using software that 'cruises file-swapping networks like Gnutella to find copyrighted materials, hunts down the IP address of the poster, then discovers which Internet service provider is being used.'"

431 comments

  1. False Positives by ghostlibrary · · Score: 5, Insightful

    My first reaction is "so? Sounds fair". I mean, it's going at the source of pirating and illegal sharing, not a problem.

    The article raised the issue of false positives. It had this chilling bit on it:

    "Of all the letters we have sent out, we only had 2 other people who corresponded back who said we were mistaken," Jacobsen said. "And we didn't think we were."

    Oh, wait-- the folks doing the automated search get to decide whether its infringement. This is kinda backwards.

    I mean, someone thinks you stole a coke from 7-11, the cops come and listen and maybe a judge makes a verdict-- not the 7-11 clerk.

    But here, the person making the allegation gets to decide if it's true or not-- and when has any person ever been really psyched to say "Oh, wait, sorry, I was totally wrong, wasted your time, and opened myself up to legal risk by making a false accusation."

    So, neat idea, but the implementation needs some better due process.

    --
    A.
    1. Re:False Positives by jdhutchins · · Score: 2, Insightful

      I really don't know if they plan to go after people in court. It would be a tough case, because you could say
      -It wasn't my computer
      -You didn't listen to the song, it wasn't copyrighted...
      and I'm sure your lawyer could come up with plenty of other excuses. They're just hoping that a letter from your ISP, or them, will be enough to scare you into stopping it. I doubt that their robots will be able to tell if it's you a second time, because your IP will probably be different.

    2. Re:False Positives by Anonymous Coward · · Score: 0

      Easy, just start flooding the network with tonnes of fakes files with obviously fake names

    3. Re:False Positives by heimotikka · · Score: 1

      They're just hoping that a letter from your ISP, or them, will be enough to scare you into stopping it.

      Eventually they hope that just fear to get caught is enough to stop people doing this. And those false positives will scare even those who wouln't use p2p for anything illegal. I don't like their methods, but I can see why they're doing it. They can.

    4. Re:False Positives by RatFink100 · · Score: 5, Insightful

      All systems have false positives. Cops arrest the wrong person. Innocent people get convicted.

      The important thing is where are the checks and balances. The right of appeal for instance.

      I don't have a problem with the process in principle but I think 24 hours is too short a time to be able to challenge the information.

      They should also have the right to have access to the ISP's logs on their connection.

    5. Re:False Positives by blase · · Score: 2, Interesting

      2 people=BS

      I have received one of these threats through my crappy ISP. It was about a movie file I had never touched on a P2P network I had never used and noted an IP address I had never had. Plus it's not just a case of them getting the details wrong, I don't download or share such files.

      I never received a response to my reply to their threat.

    6. Re:False Positives by rblancarte · · Score: 2

      Actually this would be like you stealing from 7-11 and then them not allowing you to shop there (or any other 7-11) until you pay for your merchandise or return what you took.

      Overall, I think this is a good thing, if people get threatening leters, take down the falsely identified material, and then fight your case. Personally, this is 100 Times better than them taking down Gnutella and the like.

      RonB

      --
      It is human nature to take shortcuts in thinking.
    7. Re:False Positives by Anonymous Coward · · Score: 2, Interesting

      There is nothing positive about the MPAA going after Internet Service Providers. The MPAA is very much like a lot of commercial software companies. With ISP's in their pockets consumers will be the next to suffer. What we have is a shift towards something that will resemble the way Microsoft has released their XP products; consumers will be accountable for everything and our names will be associated with whatever we purchase or use.

      While some people will have no problem having their name attached to software/movies/music, it's time for a reality check. Take Microsoft for example. Microsoft would not have such a strong grip on the software industry if their software was not pirated. How many people have been truly altruistic and never copied any non-free software? Very few. Yes, company X might buy all their software. But is it installed only on machine X as perscribed by the restrictive licensing agreement? Chances are the answer is no. What the means, however, is that more people are exposed to the software. They in turn go out and purchase the software for their home machine. I'm not advocating software piracy, but pointing out that piracy has helped spread the popularity of some (not all) software. I can hear the moans now, but let's move on to the music industry example:

      Consumer X downloads one of Bif Nakked's songs from GNUtella. There is something wrong with the encoding - half the song is missing, or the song is encoded for radio instead of CD. Consumer X likes what they hear and goes out and buys the CD, to rip it for themselves. Or consumer X doesn't like the song and decides not to buy the CD. Chances are that the song will be deleted to make space for something else, new music, a game, etc.

      Video encoding is even worse than music encoding. Why store a pixalated movie when you can buy a high quality DVD? Those who download movies and archive them are not likely to have bought a DVD or VHS tape in the first place. But many people do download movies, watch part of the movie, and end up buying a copy. They then tell friends about the movie (just as they would with good software) and the friend ends up doing the same thing or going out and buying the movie.

      What the real issue is, is that the MPAA wants to entrench their position as monopoly over all movie distribution. They want to be able, just as the RIAA wanted with Napster, to overthrow all free trading, and make money on those spotty, poor quality movies that get traded over GNUtella and other networks. In the process, they are doing the equivalent of a police officer coming up to your home and conducting an illegal search of your house (without a warrant) in order to gain proof of some impropriety.

      Cheers,

      Charles,

    8. Re:False Positives by Mhtsos · · Score: 2, Interesting

      Can IP adresses be faked? I think it can (i'm no expert, correct me if I'm wrong). So simply because RIAA has an IP address that matches mine that's not proof it was me. It is a bit of a strech now, but if RIAA presses the issue... presto! p2p client complete with built in ip spoofer!

    9. Re:False Positives by Kwikymart · · Score: 1

      If you have a dynamic IP address and your IP address changes from the time RIAA scans you and your ISP looks you up, I doubt they could get you. They don't log who was using what IP address in the past do they? Otherwise, I imagine they could get you easily. I do beleive that there would be a way around it, and its called buying yourself a T1 line.

      I do have a question of my own, though. Is this type of action extending into Canada? Will RIAA sue or even send letters to ISPs in Canada?

      --

      Buying a Dell computer is equivalent to dropping the soap in a prison shower.
    10. Re:False Positives by Shads · · Score: 2, Informative

      at the isp i worked for we logged who had what ip for a year and then archived those logs to dvd... was really for spam prevention but at times we had to access the logs to catch someone who was doing something illegal (we required a court order and ignored stuff like this.)

      --
      Shadus
    11. Re:False Positives by Anonymous Coward · · Score: 0

      Exactly, same thoughts occured to me...for most of the article it seemed like 'oh, ok, sure I don't have much of a problem with that' then the false positives turn up and I'm like wtf no, that's not good. It looks like the mpaa *almost* had it right...I think if they take it one more step and actually download and view the file to verify that it's copyrighted material, that would be slightly better...though notthing would stop 'em from just renaming copyrighted material the same name as the file and claiming it is 'proof' =/

      --AC

    12. Re:False Positives by anthony_dipierro · · Score: 3, Interesting

      It's very easy to eliminate false positives. You do a search on the P2P network for songs whose copyright you own. Then you download that song, and check that it is "yours". Whatever IP address you made the TCP connection to is breaking the law.

      As an efficiency step, you can save the checksums of the verified songs which are yours.

    13. Re:False Positives by boomer_rehfield · · Score: 1

      no, actually you create a file with a GOOD name and the right size but filled with garbage and wait for them to come after you with a big grin...
      ; )

      --
      Carpe Canem - Seize the Dog
    14. Re:False Positives by Beliskner · · Score: 2
      ISP looks you up, I doubt they could get you. They don't log who was using what IP address in the past do they?
      They usually log it, yes.
      I do beleive that there would be a way around it, and its called buying yourself a T1 line
      No, you are allocated an IP address range with a T1 line, an upstream provider can look up who you are, plus with a T1 you're usually supposed to have your own nameservers with valid contact information. Try hiding from Neotrace.
      I do have a question of my own, though. Is this type of action extending into Canada? Will RIAA sue or even send letters to ISPs in Canada?
      They probably have the right to, royalties are paid on CDRs and if applicable on your hard drive, not for passive redistribution on Kazaa or other P2P. Faking your IP address is a good idea for DDoS but source routing and stuff sends warnings if you do this wrong. Doing anything useful with a false IP address doesn't really happen.
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    15. Re:False Positives by Anonymous Coward · · Score: 0
      Have you ever noticed how the Jews are at the forefront of those trying to restrict our rights:
      • Rosen
      • Coble
      • Berman
      • Eisner
      • Redstone
      The Jews never create anything. They are the parasites who wedge themselves between the the producer and the consumer. The Jew takes a slice of every pie that passes by. What the Jew hates is that the Internet is cutting him off from his host. The artists can now distribute directly to their fans. The Internet has made the Jew irrelevant. So the Jew tries to buy the politician to do his bidding. The Jew tries to get bought politicians to pass bogus regulations in order to maintain Jew hegemony over the consumer.
    16. Re:False Positives by 0111+1110 · · Score: 1

      But you can use someone else's computer as a proxy address, especially if they leave their computer on all night connected with broadband. Many businesses do this, of course. It's not easy, but it can be done and could theoretically get the proxy computer kicked from their ISP even if they've never even heard of P2P.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    17. Re:False Positives by boomer_rehfield · · Score: 1

      You know, you hit a really good point here. Think about it for a sec. Say in some alternate reality it was impossible to make copies of software. Now think of all the people that can't afford $100 for a windows OS and $300 or so for the office suite alone. They would be forced to find an alternative and Linux would THRIVE..... Funny in this perspective now that I'm trying to imagine why MS is trying to stop piracy.......

      --
      Carpe Canem - Seize the Dog
    18. Re:False Positives by Anonymous Coward · · Score: 0

      Shut the fuck up smelly Arab

    19. Re:False Positives by Anonymous Coward · · Score: 0

      "Valenti" sounds Italian to me. And you know, weren't the Italians the *real* Christ killers? And don't people keep comparing the MPAA and RIAA to the mafia? Hmmm.....

    20. Re:False Positives by Anonymous Coward · · Score: 0

      Wasn't Albert Einstine a jew? The only people who I see "not creating anything" are Muslims.

    21. Re:False Positives by Sir+Homer · · Score: 2, Funny

      That's because Muslims are too busy destroying things.

    22. Re:False Positives by HanzoSan · · Score: 2



      When you steal from 711, 711 loses money.

      Thats stealing. When you share, no ones losing any money. So you cant compare it to stealing.

      Dumbasses like you always say stealing and sharing at the same thing, as if its morally wrong to share?

      Stealing is morally wrong, stealing is when you download music from gnutella or a movie and then sell it on the blackmarket, thats wrong.

      Sharing is not wrong because no one would have paid for it to begin with. No one loses anything when you share, and alot of people gain.

      --
      If you use Linux, please help development of Autopac
    23. Re:False Positives by Anonymous Coward · · Score: 0

      That's a bigger crime than just pirating movies.

    24. Re:False Positives by tarth · · Score: 1

      I don't think you have any right to be telling someone you don't know what's morally right or wrong. Stop trolling and forcing your skewed morals on other people. If you "share" something over p2p, people are losing money. Are they faceless megacorporations? Yes. But so is 7-11. The whole basis of capitalism revolves around people paying for what they want. If it costs too much, no one will buy it. If you want it enough to download it, you should pay for it.

      Don't try and tell me it's not stealing, because that's BS. If people download it and then buy the item, of course it's legitimate. But from all of the examples I've seen with my friends doing it, they download it and don't think twice.

    25. Re:False Positives by Anonymous Coward · · Score: 0

      Wrong. This would be like if you were, for example, an HVAC repair person. On the way to a job site you stop at 7-11. They accuse you of stealing a coke and then your work truck is taken away preventing you from doing your job, until such time as you can prove that you in fact did not steal the coke. In another circumstance you may not have even stopped at the 7-11, but just drove past it. This type of thinking(that these proceedings are acceptable) is becoming more and more common in the USA, and has in fact been going on for quite some time. For instance, it is possible in the US to be accused of a crime, arrested, and have most of you assets seized and sold at auction before you even have a chance to defend yourself. This is most decidedly NOT a good thing.

    26. Re:False Positives by Anonymous Coward · · Score: 0

      PROVE it was me though. How do you do that? They could make up any IP address and fire it off to the owning ISP claiming it is infringing. There's no way to prove guilt or innocence though. It's their word against yours and that is what is bullshit about this whole crusade.

    27. Re:False Positives by jafuser · · Score: 2

      That's all and good except your ISP has already cut you off because it's easier for them to cut off one customer than being the middleman in a legal battle.

      --
      Please consider making an automatic monthly recurring donation to the EFF
    28. Re:False Positives by bofkentucky · · Score: 1

      Screw that, the ISP's aren't in the *AA's pockets, well other than the ones owned by member corps. Independent ISP's like the one I work for detest this kind of garbage, as it is in my opinion a cheap wiretap for the *AA. We keep logs, but they get the info without a court order. Make the *AA and their big money lawyers get a search warrant for our logs, and then it will be fair. Make them pour through a couple of gigs of logs everyday instead of us (Not that it takes a good admin any time to dig through his own logs, but its not my job to do the RIAA's dirty work, I bet they don't even know about grep.). Internet service is the same thing as telephone service, uses the same equipment and carriers, make the legal system use the same set of rules.

      --
      09f911029d74e35bd84156c5635688c0
    29. Re:False Positives by Danse · · Score: 1

      Yeah, but there's usually umpteen different versions of the same movie/song out there too. They won't have the same checksums. Maybe their encoded at a different bitrate. Maybe they used different codecs, etc.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    30. Re:False Positives by Sayten241 · · Score: 1

      I agree it seems as if they're just telling the ISP's "hey, these people are causing us trouble, we want you to take care of them." I think that the record labels are doing this to make the ISP's the bad guy instead of them. If you think about it, there's nothing worse for publicity than a multi-billion dollar industry suing Timmy, the 13 year old whose only crime was downloading a few hundred songs. By placing all the action on the ISP's the record companies succesfully evade most of the "bad guy" part of the job.

    31. Re:False Positives by blitziod · · Score: 1

      you can also use proxy servers in other countries! How about a proxy server in sealand?

      --
      The only way to bust a doper--is when you yourself become a smoker!
    32. Re:False Positives by Anonymous Coward · · Score: 0

      yeah i had a FBI agent visit me who asked me what my ip address was back when i hung out with l33t skr1pt k1dd13s. interestingly enough they had an ip address of mine from about 4 months ago, and asked if it was mine. of course it was, but they went to the CURRENT owner of the ip first. Poor old lady, i bet she was surprized when the FBI comes to ask you questions about people you knew on irc.

      of course, the agent also didn't know what DHCP or a dynamic ip was to begin with. My ISP (RoadRunner) doesn't even keep logs more then a couple months... sad.

      and to whoever reads this, im sick of irc and havn't been on in ages so don't criticise me for what i did when i litterally was 13... sounds so dumb now

    33. Re:False Positives by Verizon+Guy · · Score: 1

      What we have is a shift towards something that will resemble the way Microsoft has released their XP products; consumers will be accountable for everything and our names will be associated with whatever we purchase or use.


      The only things that are associated with my XP software are: 1) My country of origin, 2) The CD-Key, 3) My System-ID

      --

      Aw, fuck it. Let's go bowling. - The Big Lebowski

    34. Re:False Positives by Beliskner · · Score: 2
      But you can use someone else's computer as a proxy address, especially if they leave their computer on all night connected with broadband
      You mean hack into a business' net and tunnel your traffic through it. OK NASA here I come, I'll install an IRC server and uhhhh, yeah. That's never been done before, oh wait..
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    35. Re:False Positives by famazza · · Score: 2

      As we all know RIAA polices, they will won't worry about false positives, and sue every single user that they can ever suppose to be sharing files.

      ...Until judges say: "THAT'S ENOUGH!"

      IMHO RIAA is just speeding the process, they can't stop a moving train immediatally, and they can't just stop the information revolution. They should be thinking a way to adapt to the environment, not the opposite.

      --

      -=-=-=-=
      I know life isn't fair, but why can't it ever be un-fair in MY favor!?
    36. Re:False Positives by Anonymous Coward · · Score: 0

      If you "share" something over p2p, people are losing money.

      What if I was never going to buy the CD. So, since there was never going to be a sale, how can anyone lose money??

      You are an ass!

    37. Re:False Positives by FueledByRamen · · Score: 1

      I "steal" movies, sure. All the time. I download a screener or a DVDrip, to see if the movie is any good. If it is, I'll go see it in the theater, or go rent it from Hollywood Video. Am I really causing damage doing this? If I can't watch a movie beforehand, unless it's a sequel and I liked the first one or something, I usually won't go see it. In this case, cutting off my file-sharing actually causes them to lose money.

      --
      Every cloud has a silver lining (except for the mushroom shaped ones, which have a lining of Iridium & Strontium 90)
    38. Re:False Positives by IronChef · · Score: 3, Insightful


      Proof isn't required. This isn't an action of a court, this is Special Interest Group A asking Big Company B to do them a favor and lean on a customer. Not that it doesn't smell like legal action, and it could lead there, but that's not what it is to begin with.

      In a few years I expect the MPAA/RIAA will be IDing pirates and asking all kinds of businesses to cooperate in making their lives hell. Imagine gas stations refusing to serve you because they have a list of license plates that they have been asked (or paid) to check for... or your credit cards being refused at "participating merchants."

      It's a brave new world. I think things will get a lot worse before they get better.

    39. Re:False Positives by SirNonya · · Score: 1

      > If you "share" something over P2P, people are losing money.

      And you think that's wrong. So anything else that causes someone to lose money is wrong, too? If I recommend that someone not see/rent/buy a movie, the corporation loses money. Is this wrong? No. If I do anything to discourage anyone from not spending as much money as they can on movies, is it wrong? No. Hopefully crypto will defeat all the sharing=pirating fascists.

    40. Re:False Positives by SirNonya · · Score: 1

      'Of course we can't afford to take chances,' agreed Winston dutifully.

      'What I mean to say, there is a war on,' said Parsons.

      -- 1984, in regard to a strange looking man being shot

    41. Re:false positives by schatten · · Score: 1

      I was just thinking about this. think of some of the spammer out there in the NG's that do it already - there are not a lot, but a few every so often. you know what to avoid and filter once you see it.

      so... if they get so many of these cases against the end users, then there will be an automated process to assess those charges for 50,000+ people, right? thus, coming up with names of episodes or movies would be a flooding solution that will swamp them with unending work due to their fale positives.

      thanks for bringing this up!

    42. Re:False Positives by Anonymous Coward · · Score: 0

      Not quite.

      You forgot the name, company etc you set the system up with. Also they can associate that with the IP address(es) you connect from, and therefore the ISP you use.

      By associating that with the updates downloaded, they know exactly where your system is at software-wise too.

      Time to open thy eyes.

    43. Re:False Positives by Anonymous Coward · · Score: 0
      First of all, yep, who was using what IP is usually logged.

      Secondly, buying yourself a T1 doesn't shield you anyway, since you still have an internet service provider on the upstream who can shut you off. Not to mention the fact that in most areas, T1s cost slightly more than the lease on my M5 and my S4 combined.

    44. Re:False Positives by northstarlarry · · Score: 1
      I have broadband from AT&T, who use DHCP. . .my IP address hasn't changed since I got service (about a month ago). Even when I had dial-up, my IP address tended to be the same every time. In fact, when it was different, it usually meant that I was going to be disconnected really quickly or that I wasn't getting full speed.

      Also, I wouldn't be too surprised if this "Ranger" program grabbed other information, like your MAC, which doesn't change at all, unless you're in the habit of reconfiguring your router every day.

    45. Re:False Positives by Mhtsos · · Score: 1
      Doesnt the ISP need a court order to reveal which user used which IP? Same to cross-reference with licence plate or credit card. Im almost positive that is the case in Europe, not so sure about the US though. I think its even illegal for a shop to refuse service without a good reason or a pre-stated policy (else it would already be done).

      Besides, if enough people share files, the gas station would be giving up too much of his clientele. There would be some shops that would fill the gap in the market. Gas station for geeks?!? Well, we do get our own news.. .

    46. Re:False Positives by Anonymous Coward · · Score: 0

      Your (initial) argument is very flawed. It doesn't matter if piracy helped Microsoft. It doesn't matter if Microsoft knew about it and did nothing to stop it. It's still illegal. Just because no one caught you or charged you does not change that fact.

    47. Re:False Positives by Anonymous Coward · · Score: 0

      I don't think you've tried downloading a movie from your typical P2P network before, have you?

    48. Re:False Positives by hkmwbz · · Score: 1
      "They should also have the right to have access to the ISP's logs on their connection."
      Excuse me? Who should have access to ISPs' logs? That would be a huge privacy issue.
      --
      Clever signature text goes here.
    49. Re:False Positives by RatFink100 · · Score: 2

      The person being accused should have the right to see their ISP logs to their own activity online in order to defend themselves.

    50. Re:False Positives by Predius · · Score: 1

      Problem is, the false positive count is more on the magnitued of 75%+ of all notices sent out. For starters, if you specify force ip in your gnutella client, they report the forced ip, NOT the one you're actually serving content from. (The push system makes spoofing so easy it's silly. All you need do is setup your ip as something completely bogus, and as long as they don't make a dl attempt, which I have yet to see, they don't know your real ip.) I've seen and tested this, they just report the wrong ip, never downloading the content, just doing file name globbing.

      As far as them having access to ISP laws, sorry, no supenoa, no logs for you, no discussion.

    51. Re:False Positives by hkmwbz · · Score: 1

      Ah, glad I misinterpreted that sentence. Yes, the user should know what kind of data is gathered about him or her and have access to it.

      --
      Clever signature text goes here.
    52. Re:False Positives by Anonymous Coward · · Score: 0

      In all the examples above, the person does NOT get the content of the movie for free. They don't get it at all.

    53. Re:False Positives by SirNonya · · Score: 1

      I was discussing the issue of lost money.

    54. Re:False Positives by tarth · · Score: 1

      But I was not. It's only wrong to cause someone to lose money if you don't get what was being traded in exchange for the money.

      Downloading something and not paying for it? You get the content and they lose out.

      Tell a friend not to buy something? The company loses money, but the friend doesn't get the content either.

    55. Re:False Positives by SirNonya · · Score: 1

      I think you forgot a 's/don\'t/do/'.

      It's the same thing to the company.

      Actually, it sounds like it would be okay according to you if I stole fine china from a fine china store, and smashed it in the driveway (they would loose money, but I didn't get what I would have traded money for), but it would be wrong if I got away with it.

  2. Uh, those customers are same as shoplifters... by Shivetya · · Score: 3

    that title is really stupid. Sorry, but if you went into Blockbuster and "lifted" titles you too would be being chased.

    Your no longer a customer if your not paying for the content.

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
    1. Re:Uh, those customers are same as shoplifters... by NiceGeek · · Score: 1

      Poor analogy. No physical item is being stolen..therefore it is not comprable to shoplifting.

    2. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 1, Informative
      You are stealing the time many people invested in making the movies.

      Please improve your spelling.

    3. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      They're sneaking into the theater then. Hopping the fence at a concert, etc.

    4. Re:Uh, those customers are same as shoplifters... by the+eric+conspiracy · · Score: 2

      Poor analogy. No physical item is being stolen..therefore it is not comprable to shoplifting.

      So if I hack your bank account or steal your credit card number it's ok with you?

    5. Re:Uh, those customers are same as shoplifters... by 91degrees · · Score: 2, Insightful

      I can't speak for the other person, but I'd have no problem with it as long as you didn't use the credit card number, and was 100% cerain that you wouldn't. Then it would be stealing since I hadn't lost anything.

      I don't think that piracy and theft should really be considered the same crime. I agree that piracy (or unauthorised sharing of copyrighted materials as the EFF would like to call it) is wrong, but the crime is different since the victim still has their original.

    6. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      And here is our classic representative caveman thought process : "Duh, it's gotta be physical to have worth". I'm going to hide a camera to take pictures of your mom naked, and then I'll sell them on "fatoldladies.com" : That's okay, right? Nothing is physically stolen, right?

    7. Re:Uh, those customers are same as shoplifters... by NiceGeek · · Score: 1

      Note that I didn't say it was ok...I said it was not comprable to shoplifting. Try reading for a change ok?

    8. Re:Uh, those customers are same as shoplifters... by the+eric+conspiracy · · Score: 2

      but the crime is different since the victim still has their original.

      Suppose I don't use your credit card number, but I sell the number to somebody else. Still happy?

      Oh, you still have your original credit card number.

      The crime is NOT different. By copying the movie rather than buying it, you are depriving the copyright owner of income. This is exactly the same as hacking his bank account or stealing his credit card number.

    9. Re:Uh, those customers are same as shoplifters... by gilroy · · Score: 5, Insightful
      Blockquoth the poster:
      By copying the movie rather than buying it, you are depriving the copyright owner of income.
      Thankfully, "denial of income" is not a bona fide crime. If I review a movie and pan it, convincing some people not to see it, am I guilty of "denial of income"? Copyright law is not overly concerned with income -- that's why the usual "I was only copying for non-profit use" defense is bogus.

      Infringement is a crime. It is not theft, as it does not deny use of the item in question to the legitimate holder of copyright.

    10. Re:Uh, those customers are same as shoplifters... by the+eric+conspiracy · · Score: 2

      Thankfully, "denial of income" is not a bona fide crime.

      Denial of income is the end result of the action here. Our society makes many actions that result in denial of income illegal. Some of them are:

      Copyright, Trademark and Patent Infringement.
      Failure to adhere to fair wage laws.
      Investment Fraud.
      Filing false tax returns.
      Embezlement.

      Are you saying that all of these actions are ok because all they do is deny income?

      It is not theft, as it does not deny use of the item in question to the legitimate holder of copyright.

      THAT depends on what you define as 'use'. I am sure that New Line Cinema defines their 'use' of a movie they hold a copyright to as something other than viewing it in the privacy of their studio! The fact is that their use is in the sense of a product that they use to generate revenue and profits! By pirating people are IN FACT denying this copyright holder USE of the product in exactly the manner they intended when they invested the many millions of dollars required for its production.

    11. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      Listen! He's saying it's not theft! He NEVER ONCE said that it wasn't a crime. Read more carefully. HE IS SAYING THAT IT IS A DIFFERENT CRIME THAN THEFT. Oh, and he's right, by the way.

    12. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      So if I hack your bank account or steal your credit card number it's ok with you?

      What a stupid response. Murder isn't comparable to shoplifting. Recognising that fact does not mean that I don't have a problem with you murdering me.

    13. Re:Uh, those customers are same as shoplifters... by VoiceOfRaisin · · Score: 1

      a lot of people/places/stores/etc have my credit card number. as soon as one of them removes money from my account without my permission, that is when the problem begins. they are not making a copy of my money, they are stealing it. removing the only copy of it. thats theft. thats stealing. get it?

      making a copy of something is NOT stealing. get it through your THICK skull

    14. Re:Uh, those customers are same as shoplifters... by WiggyWack · · Score: 1

      Yeah, but if I'm caught shopplifting from Blockbuster, the clerk wouldn't be able to just send a letter to the DMV who would then suspend my license so I wouldn't be able to drive the car anymore that I used to get to Blockbuster in the first place.

      --
      Macintosh humor! MacComedy.com
    15. Re:Uh, those customers are same as shoplifters... by 91degrees · · Score: 1

      If I can be 100% certain that nobody will use my credit card number, you can do what you want with it. It isn't theft until you use it to buy something, and even then I'd consider it fraud rather than theft.

      If I copy a movie rather than buying it, I am depriving the owner of income. If I choose not to buy it or copy it, I am depriving the ownber of income. If I choose to buy a different movie I am depriving the owner of income. If I buy it from a different shop, I am depriving the first shop of income. All of those result in the loss of potential income from one party. Why not call those theft?

      The answer is because they aren't. Copying a movie is a crime because society has found that that is the only reliable way to ensure that arts are encouraged. The fact that it is a crime does not make it theft.

    16. Re:Uh, those customers are same as shoplifters... by 91degrees · · Score: 1

      Copyright, Trademark and Patent Infringement.

      Copyright, Trademark and Patent Infringement is a crime of copyright, trademark and patent infringement. Not theft.

      Failure to adhere to fair wage laws.

      Is a breach oif trade laws. Not theft.

      Investment Fraud.

      This is fraud. It could be argued that this is theft since it takes money away from the victim.

      Filing false tax returns.

      Is tax evasion. Another crime. Not theft though.

      Embezlement.

      Is a form of theft by deception.

      All of these are crimes, all of them are wrong (unless you have certain libertarian ethics about fair wage laws) but 3 of them are not theft.

    17. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      Time cannot be stolen, shithead.

    18. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      Do you people even THINK about your "analogies" before posting them? They make absolutely no fucking sense whatsoever.

    19. Re:Uh, those customers are same as shoplifters... by EllisDees · · Score: 2

      By pirating people are IN FACT denying this copyright holder USE of the product in exactly the manner they intended when they invested the many millions of dollars required for its production.

      That's some seriously convoluted thinking there, bud. My copying or not copying a piece doesn't change anyone's ability to use anything. They can still do whatever their little hearts desire with it. I am under no obligation to fulfill their monetary wishes.

      --
      -- Give me ambiguity or give me something else!
    20. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0
      By pirating people are IN FACT denying this copyright holder USE of the product in exactly the manner they intended when they invested the many millions of dollars required for its production.

      AND THAT depends IN FACT on how YOU define 'are'. (emphisas for idiocy)

    21. Re:Uh, those customers are same as shoplifters... by magnified_plaid · · Score: 1

      Worse, the DMV is at least quasi-governmental. Like it or not, part of the government's job is to make and enforce laws. This presure by the RIAA/MPAA on the ISPs amounts to little more than the making and enforcing of their own laws. If I defraud Taco Bell via the phone, do they call SouthWestern Bell and have my phone disconnected? No, they bring fraud charges against me in the courts. The DMCA bought the associations vigalante power to enforce the law.

      --
      Semper Ubi Sub Ubi
    22. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      Freeloaders like you make me sick. It's not the same thing as stealing, but if you don't want to support the RIAA/MPAA, don't use their products. Have the guts to boycott them for real.

    23. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      What the hell is your point? So we won't call it theft. It's still wrong. How about moving past semantics, dickwad?

    24. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      I doubt I would have a problem with you. But if the person you sold it to charged something then that was his bad.

    25. Re:Uh, those customers are same as shoplifters... by 91degrees · · Score: 1

      My point - at the beginning was that piracy should not be considered theft. It is not theft. Calling piracy theft is wrong. Since this started as an argument that they are different concepts, I think my point is that piracy is not theft, and should be considered differently from theft on account of it not being theft.

      Is that clear, or do you have a simplistic concept that everything is either right or wrong, and a crime that causes a negligible amount of harm should be treated the same way as a crime that causes a considerably more harm on the basis of a false analogy?

    26. Re:Uh, those customers are same as shoplifters... by Anonymous Coward · · Score: 0

      but the crime is different since the victim still has their original.

      Except the 'victim' in this analogy is the person the file is being 'taken' from. Whereas the actual crime is committed by the person giving away the file which isn't theirs to share.

    27. Re:Uh, those customers are same as shoplifters... by Snibor+Eoj · · Score: 1
      I am under no obligation to fulfill their monetary wishes.

      Actually, by using their product, you are under such an obligation. Their product is created and provided with the explicit condition that you fulfill their monetary wishes. If you use their product, you are tacitly agreeing to that condition.

    28. Re:Uh, those customers are same as shoplifters... by Snibor+Eoj · · Score: 1

      Suppose, for just a moment, that there were a store that legally sold MP3s. You could take your MP3 player there, and hook it up to a 'puter, load the songs onto your player, pay for them, and leave.

      Now suppose that you take your player, load up the songs, and then run out of the store without paying. Is that theft? It sounds an awful lot like shoplifting to me, but you haven't denied the store or the copyright holder use of the item, in that they can still sell it to other people.

      If you agree that this is theft, then how does copying it from someone online differ from copying it from the store? If you think that this is not theft (i.e. not shoplifting), why not?

    29. Re:Uh, those customers are same as shoplifters... by gilroy · · Score: 2
      Blockquoth the poster:
      If you agree that this is theft
      I don't. It's still copyright infringement (versus the copyright holder). Consider this counter-example: A store has a 20% discount coupon, which they give to you upon entering the store. You take yours, carry it out, pass it on to a friend, who then redeems it. Is this "theft"?

      Your hypothetical store is not selling a product. It's selling a service -- the warehousing and downloadability of the MP3. Your taking the MP3 and file-sharing it doesn't stop that store from providing the same service to someone else that they did to you. They still have the MP3s and the hardware.

      Of course, they won't be able to stay in business. When you share the files, you undercut their business model. Too fratzing bad! They don't have some "right" to make money any way they choose. Their desire to sell a service one way doesn't create in me any obligation to conform. If they pick a dumb model, they starve. If the technology changes and they can't, they starve. That's the way it's supposed to work.

      Or, more succintly: No one weeps for the buggy-whip makers.

    30. Re:Uh, those customers are same as shoplifters... by EllisDees · · Score: 2

      Actually, by using their product, you are under such an obligation.


      Nope, I'm not.

      Their product is created and provided with the explicit condition that you fulfill their monetary wishes.

      Sucks to be them.

      If you use their product, you are tacitly agreeing to that condition.

      Anyone can make up any conditions they want. If they don't want it distributed, they shouldn't release it.

      --
      -- Give me ambiguity or give me something else!
  3. Disgusting, but within their rights... by crc32 · · Score: 1

    Unfortunatly, these practices are within their rights. I wonder what will happen when there is a file-swapping system that requires one to break some sort of encryption to determine the IP addresses of hosts. Will the RIAA/MPAA be liable for DMCA violations in that case?

    --
    "In order to make an apple pie from scratch, you must first create the universe." -- Carl Sagan, Cosmos
  4. Invasion of Privacy by Angram · · Score: 1, Flamebait

    I'm getting tired of this. This is called invasion of privacy. If a police officer goes through your room and finds a bomb, without a warrant, he can't do anything with it, until he gets one from a judge. The evidence is inadmissable in court. Get a decent lawyer, and you'll go free undoubtedly.

    If your ISP relays the message to you, ask who found it, them or the MPAA. Your ISP probably has the right to (they can check transfer logs, etc). If it was the MPAA, then you're losing your right to privacy, and you can sue your ISP and the MPAA. You didn't authorize their searching your computer, and your ISP shouldn't allow it either. Once again, they can't use the "evidence" if it's found like that.

    This is why I'm leaving the US, the whole system is shit. MPAA, lack of government involvement with internet privacy, Constitutional rights that evaporate once you go digital (don't get me started on the pledge.


    Ramble On

    --

    GL
    1. Re:Invasion of Privacy by garcia · · Score: 3, Interesting

      Nope, it's not an invasion of privacy. You are using a publically accessable program to break the law (whether I see it this way or not is not the point).

      The MPAA didn't come to your house and serve you w/a fine, warrant, etc. They called your ISP, told them you did X and asked them to stop you.

      The ISPs usually have a TOS agreement that you agreed to when you started the service. By downloading this shit, you broke that TOS. The ISP has the right at that point to stop you from breaking those TOSs.

      It's not invasion of privacy until they actually arrest you for doing it. That would be crossing the line.

    2. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      "This is why I'm leaving the US, the whole system is shit. "

      Where ya moving to? China? Australia?

    3. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      Where are you going to go?

    4. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      I thought everywhere else was just like the US...

    5. Re:Invasion of Privacy by billbaggins · · Score: 2, Insightful
      If a police officer goes through your room and finds a bomb, without a warrant, he can't do anything with it, until he gets one from a judge.
      True, but if he sees one through the window, or is just dropping by to chat and spies a few dozen sticks of TNT and schematics of the Hoover Dam, he doesn't need a warrant, any more than an arrest warrant is needed when the cop sees you stick up the 7-11. (Ok, IANAL, but I did read up on this a while ago, and I believe this to be true...)

      So they go on Gnutella like everyone else and see something (something anyone could see) that you shouldn't be sharing. And they ask your ISP to ask you to stop. I don't thin this is IoP.

      Whether they should is another question entirely. But if you are sharing something for the whole internet to see, you should expect everyone on the internet to see it. Even the ones you don't want to.

      --
      "The best argument against democracy is a five minute chat with the average voter."
      --Winston Churchill
    6. Re:Invasion of Privacy by CheechBG · · Score: 3, Insightful

      wow, quite a knee-jerk rant you have there.

      First of all, it's not "illegal search" if you HAVE THE FILES OPEN FOR SHARING TO BEGIN WITH. If you and I were both on KaZaA and you had some Simpsons episodes, I searched for that and found them on your computer BECAUSE YOU HAD THEM AVAILABLE TO THE PUBLIC, how is that an "invasion of privacy?" You are making this out to be that they have some crawler that checks random IP's and does a full HD scan. THAT would be illegal.

      Face the facts, YOU ARE PIRATING ILLEGAL COPYRIGHTED MATERIAL. However way you determine to package that up for yourself is your business, but you're still doing it. The MPAA is within it's right to come after you if you blatantly leave it lying around for anyone to find.

    7. Re:Invasion of Privacy by damiam · · Score: 1

      By running a p2p program, you authorize everyone to search the portion of your computer that you share.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    8. Re:Invasion of Privacy by WildBeast · · Score: 2, Informative

      Hehe funny guy, their's nowhere to run, nowhere to hide. Like it or not, the US rules the world. The MPAA doesn't care what country you are from. They'll shut you down anyway.

      So much for privacy.

    9. Re:Invasion of Privacy by Anonymous Coward · · Score: 0
      You didn't authorize their searching your computer, and your ISP shouldn't allow it either.

      When you offer these files over a service like Gnutella, you're implicitly agreeing to let the public at large to search that directory of your computer. That's what makes file sharing work - allowing people unknown to you search your computer. The public at large includes the MPAA and your ISP, and in most cases the FBI.

      If you're upset about unauthorized people searching your computer, you shouldn't be running file sharing software.

    10. Re:Invasion of Privacy by Palarran · · Score: 1

      I suspect my politics line up with yours, but...

      To my way of thinking, this isn't invasion of privacy. When you publicize the availability files on a p2p network, you've destroyed that defense. It's the same as declaring an open house.

      Where are you going? Finland or New Zealand are where I'm looking.

    11. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      All of a sudden even truth is flamebait?

    12. Re:Invasion of Privacy by starX · · Score: 3, Insightful

      No, it's not even then. The key words you're looking for are "unreasonable search and seisure," and while we may consider this unreasonable, in the eyes of the law, it's perfectly legit as long as no law enforcement body put them up to it. Now whether it would stand in CIVIL court is another matter, but if you try to go that route, the MPAA would be able to, and would be within their rights if they did, to seek to CRIMINALLY prosecute you. Getting a lawyer is probably a good idea if they have falsely accused you and no one is listening to your side of the story, but if you have actually posted the movie, the smart thing to do would be to take it down when your ISP comes knocking.

    13. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      This isn't a search for a bomb in your room. This is a search for a bomb you're giving away in a public bazaar.

    14. Re:Invasion of Privacy by Beliskner · · Score: 2

      Mod Parent up. IANAL but it sounds like you are. Oh well, it's BBS time. And all these ACs thinking that they're posting anonymously, bwa ha ha haaaaaa.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    15. Re:Invasion of Privacy by ninewands · · Score: 1

      YOU ARE PIRATING ILLEGAL COPYRIGHTED MATERIAL

      errrrmmm ... no ...

      Piracy implies action taken on the high seas, by force of arms, to deprive the rightful master of a vessel of his cargo and/or ship.

      What is happening here is an infringement of a private "property" right. If you want to get HIGHLY technical about it, it's not even theft, which requires the "asportation of the totality of the res from it's proper and lawful location."

      That being said, I agree with you up to a point. Anyone who serves copyrighted material on the public network should EXPECT this sort of thing to happen.

      While I have NO love lost for the ??AA, I have little sympathy for P2P users who get in trouble over this. After all, I was one of the first banned from Napster over a SINGLE Metallica mp3. If they didn't KNOW what they were doing was wrong before they started, they should be intelligent enough to learn damned quickly when they are faced with a notice that they've been caught. I haven't done P2P since.

      Let's leave the emotional " ... Illegal search ... ", " ... PIRACY ... " and " ... THEFT ... " out of it. If the content companies, operating through their hired thugs, want to enforce their rights privately, technology is available to do so, and the activities involved are all lawful.

      The ??AA are living large in the grand old American tradition of chasing the almighty dollar. An authority higher than me will decide whether it was RIGHT for them to do so. As for me ... I will continue NOT going to movie theaters and NOT buying CDs unless it is something I REALLY want to see or hear.

      Just because I think they finally got THIS aspect of their activities right doesn't mean I have to pay for them doing it.

    16. Re:Invasion of Privacy by DEBEDb · · Score: 3, Funny

      > YOU ARE PIRATING ILLEGAL COPYRIGHTED MATERIAL

      Ah, so all these copyrighted recordings
      are illegal to begin with? Well, then,
      pirating them is the least we could do...

      --

      Considered harmful.
    17. Re:Invasion of Privacy by Lew+Payne · · Score: 1

      I'm getting tired of this, too... tired of the would-be lawyers permeating slashdot with advice to others on "how to fight the battle against big brother" -- even when they're wrong.

      CableOne, as do other ISP's, has a clause in it's service agreement stating you'll be shut down if they receive a complaint that you are sharing copyright material.

      You think you're going to hire a lawyer and sue your ISP if you get disconnected? Go ahead... you have a lot to learn about the law, lawyers in general, and the cost of litigation. Not to mention the fact that the defendant could ask for court and legal fees when you lose.

      I hear so many of you spout your ignorant bullshit about "suing them" that it's sickening. Go pay $15,000 to file a complaint. See where it gets you. Maybe after you lose $50,000 or so, you'll change your mind about your juvenile thoughs.

      Lew Payne

    18. Re:Invasion of Privacy by acceleriter · · Score: 1

      Guess when the law doesn't work for justice, that leaves violence, then. Theoretically.

      --

      CEE5210S The signal SIGHUP was received.

    19. Re:Invasion of Privacy by semifamous · · Score: 1

      If a police officer goes through your room and finds a bomb, without a warrant, he can't do anything with it, until he gets one from a judge. The evidence is inadmissable in court. Get a decent lawyer, and you'll go free undoubtedly.

      If your ISP relays the message to you, ask who found it, them or the MPAA. Your ISP probably has the right to (they can check transfer logs, etc). If it was the MPAA, then you're losing your right to privacy, and you can sue your ISP and the MPAA. You didn't authorize their searching your computer, and your ISP shouldn't allow it either. Once again, they can't use the "evidence" if it's found like that.


      Close, but not quite.

      If you *invite* the police officer into your home, and he finds a bomb, "You are under arrest. You ahve the right to remain silent.... etc."

      By having these files shared from your computer, you are *inviting* people to look at them (and download them), which means that any law enforcement agency who has jurisdiction over you can enforce whatever laws are being broken.

    20. Re:Invasion of Privacy by opti6600 · · Score: 1

      I don't think this should be labeled as Flamebait. This guy truly deserves a good score for this. Reason being as follows... This man has presented a perfectly viable legal solution to this. Sue em. In such a litigious society, it is just as easy to "fight fire with fire" as one would say, due to the borderline legality of this practice. However, I am a lot happier that they are doing this instead of your generall widespread MPAA/RIAA gangbanging with ISPs usually. But if I get a letter from BellSouth, then I'll say that they don't have the legal rights, and to feel free to tell the MPAA to take a hike. There isn't any evidence truly that I downloaded any movie. Sure, some logs may point to certain servers or P2P networks, but that doesn't mean that I downloaded something other than a backup ninety times over or something. -Jordan "Hard drive? What hard drive?"

    21. Re:Invasion of Privacy by opti6600 · · Score: 1

      Heh, I actually was planning to move to Australia once I get myself situated in the US in whatever career. Go find yourself a plot of desert in the middle of nowhere. Think about it. Every single 6-digit career out there has the capability to be telecommuted to (even medicals).

      Not only are you safe from most legal schmucks (as has been proven a number of times- Australia doesn't seem to care all that much as long as you don't break their laws while you're in their country, and you haven't killed anyone), but if you find the right spot and build correctly, you can be impervious from strange wartime occurances like those errant nukes that still land even though our "missile defense" system is up...

    22. Re:Invasion of Privacy by Anonymous Coward · · Score: 0
      If only more people who think like you would really do what they say they'll do. Let me know when you're gone and I'll have the buds over for a party.

      It's because of the lack or integrity and honesty in so many Americans these days that this crap comes up at all. You want to be free to lie, steal, and destroy and don't let nobody dare ask you what you're up to. You wanna be dishonest, head for elsewhere and we'll make sure the door hits you on the way out.

    23. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      You should be looking towards your own government and the crooked corporations they harbour with that statement, not citizens.

    24. Re:Invasion of Privacy by DutchSter · · Score: 2
      I hear so many of you spout your ignorant bullshit about "suing them" that it's sickening. Go pay $15,000 to file a complaint. See where it gets you. Maybe after you lose $50,000 or so, you'll change your mind about your juvenile thoughs.
      Slightly off topic in regards to the copyright issue at hand, but in reference to the costs of working the criminal justice system: The guy who got the pledge ruled unconstitutional spent the following: $300 in filing fees, and his time. He went up with the state lawyers (state being the government) attacking him, and he won.

      Regardless of what you think of the case or its outcome, this guy spent very little in cash for a fairly high-profile case.

      The trick is having the legal basis to stand on. While perhaps not very popular, the pledge case was rooted very strongly in previous court decisions (and yes, I was bored one day and read a lot of the testimony).

      That all being said - I agree with Lew Payne's overall point in that it's probably not very practical to sue them. Like I said - you need the legal basis to stand on. Those BASTARDS - I put something in the public (on my treelawn) for anyone to take (my garbage) and someone comes along and says "HEY! That looks a lot like my bicycle that stolen from my mega-shop last month with a UHaul!" Then they call UHaul and report that they believe you used their vehicle (the internet connection) to steal something, and then UHaul refuses to rent to you in the future, or imposes strict conditions in your next agreement.

      Before you outright flame me because "But it's not a REAL bicycle - you didn't lose any property!!" Well no, but it's already been established that it is illegal to set up a shop to mass produce copies of a book. Even if you hand them out for free to the general public (in this case at a loss to you financially). In fact, by the internet, you essentially have an "unlimited supply" of the product and the ability to make perfect copies (something photocopying doesn't yield). If wholesale piracy of imperfect copies of reading materials can be illegal, chances are unlimited piracy of perfect copies of something will be quite illegal as well.

      Regardless, the whole thing is kind of a moot point once you make them available for anyone in the public to view/access. The plain-view concept. If the police cared enough, they could probably do the same thing and actually arrest you, not just have your internet shut off.
    25. Re:Invasion of Privacy by arkane1234 · · Score: 1

      this has nothing to do with terrorism.
      Please, lets not resort to that, or we'll have the FBI, CIA, NSA, and every other "blue blooded patriot" all over this.... :)

      --
      -- This space for lease, low setup fee, inquire within!
    26. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      Let me get this straight:
      you advocate violence towards someone who finds publicly available information about you -- information that you made the proactive choice to share -- that identifies you as infringing upon their IP rights, and who acting within their rights, makes you stop this violation of their rights?

      You're a fucking retard if you think that's justice.

    27. Re:Invasion of Privacy by Anonymous Coward · · Score: 0
      Like it or not, the US rules the world.

      You wish, yankee pigfucker. As soon as we get our ICBM production up to speed, you'll find out who really rules the world.

      Love,

      The People's Republic Of China

    28. Re:Invasion of Privacy by Anonymous Coward · · Score: 0

      Yes, but if you say that, BellSouth says "okay, you claim it was wrong, we won't close your account" and replies to the MPAA "user says you were wrong".

      Now you have nobody to sue.

      Most likely the MPAA now says "well he said we were wrong, we disagree, but onto the next case..."

      However they could also say "well he said we were wrong, we're pretty sure we aren't, let's make him an example and get the police involved". Then it goes into a criminal matter, the appropriate authorities get the necessary warrants based on the MPAA's reasonable evidence that you were breaking the law, and they fully check the logs of the MPAA and BellSouth and search your computer. They probably find what they need to prove the case, and you get hit for the appropriate full (and rather large) fines, possibly even some extras for the pile of other infringements they found during the search.

    29. Re:Invasion of Privacy by Angram · · Score: 1

      England. Hey, it's not too much better, but it is better, and that's what's important. There's no language barrier, it's not as remote as NZ (I'll definitely retire there), and it's not a desert of thieves like Australia (heh, no offense). The people are nicer, the land is nicer, the system on a whole is better (if you don't believe me on that, look for an intersection there - they even found a better way to have streets cross). Even from an atheist's viewpoint, it's better.

      --

      GL
  5. Maybe their sales are down.... by rootmon · · Score: 0

    because consumers are just sick of their manufactured bands and their assault on fair use. I'm not a P2P user, but the trouble the RIAA is causing makes me more likely not to buy music from the big labels anymore. When I was a teenager we all recorded songs off the radio on cassette long before the album was released. Don't see how mp3s are much different, except they can be tracked on the network.

    --
    "As flies to the wanton boys are we to the gods; they kill us for sport." - William Shakespeare, King Lear
    1. Re:Maybe their sales are down.... by guibaby · · Score: 0

      Stop the 'fair use' bullshit. Putting a $100m movie on KAZAA does NOT constiture 'fair use.' That definition of fair use has infact eroded most of the legitimate 'fair use.'

      --
      Historically, the claim of consensus has been the first refuge of scoundrels.
  6. MPAA Goes After Its Customers? by Anonymous Coward · · Score: 0
    How are people who pirate the MPAA members' movies and view them without paying their customers?

    Are the Slashdot readership filthy thieving open sores geeks trying to distort the facts?

    Can anyone enlighten me?

    1. Re:MPAA Goes After Its Customers? by LordNightwalker · · Score: 1

      If I buy one apple of yours, that makes me a customer. No matter if I stole 5 others.

      How many people do you know that never bought a movie, but have a ton of illegal copies at home? Everyone has bought a movie once in his life, so everyone is a customer.

      But I must admit that it's bad choice of words on the authors behalf, since this is not what he meant at all. ;-)

      --
      Install windows on my workstation? You crazy? Got any idea how much I paid for the damn thing?
    2. Re:MPAA Goes After Its Customers? by Rick+the+Red · · Score: 2
      No, the Slashdot editors (in this case, michael) are "filthy thieving open sores geeks trying to distort the facts."

      If the Slashdot readership got to write the headlines (or even moderate them), things here could only improve.

      --
      If all this should have a reason, we would be the last to know.
  7. And so continues the war of escalation by acceleriter · · Score: 1
    as servers become better at cloaking the sharers and downloaders of content--in future p2p networks, no one server will have a complete copy of a copyrighted file; downloads will swarm to users from dozens of hosts, through several paths blinded even from their operators by public key cryptography.

    And with every article about the crackdown, more people are made aware that movies and music are free for the downloading.

    As someone once said here, copyright law in the digital age will be unenforceable without DMCA death squads.

    --

    CEE5210S The signal SIGHUP was received.

    1. Re:And so continues the war of escalation by Lew+Payne · · Score: 1

      Gee... and how will the CLIENT SOFTWARE download the complete song? It will have to reassemble it from the various pieces out there. How will it know where those pieces ARE?? You think that just because you're only holding PART of a song for file sharing, you're skirting the law?? Copyright law in the digital age will become MORE and MORE enforceable, because you'll be reading a LOT about pirates who were shut down by their ISP and blacklisted by all other ISP's, and who now have to resort to a dial-up AOL connection.

    2. Re:And so continues the war of escalation by 0111+1110 · · Score: 1

      You might want to check out Freenet or Blocks. They can't contact your ISP if they don't have your IP address.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    3. Re:And so continues the war of escalation by Anonymous Coward · · Score: 0

      It already is. http://freenetproject.org. Liberty through technology.

    4. Re:And so continues the war of escalation by pipla · · Score: 1

      Pgp encrypting mp'3 and movies would be absurd and not even neccesary, as simple encryption is all that is neccecary because the same rules in dmca that forbid us from cracking ceaser shifts in adobe acrobat forbid the mpaa and riaa from breaking ours. Since its illegal to decrypt they cannot use it as evidence in court with out a search warrant for it first, and lets see them try and get search warrants to decrypt individual chunks of mp3's. I think the system is corrupt but not that corrupt.

  8. ARIN? by |<amikaze · · Score: 2

    Wow they've learned how do use ARIN. Congratulations!

    1. Re:ARIN? by acceleriter · · Score: 1

      Now that they've got that down, let's see how far they get sending C&D's to people based on APNIC.

      --

      CEE5210S The signal SIGHUP was received.

  9. Old news. by www.sorehands.com · · Score: 2
    This was written up a while back in a piece called, "Fingered by the Movie Cops". But in that case, the MPAA was mistaken.

  10. This will never work by jander · · Score: 1

    Unless They are paying people to actually download and listen to each file, how can they verify that the metallica file that appears on someones system is a "copyright infringing" mp3? They would have to be very careful, otherwise it will backfire and end up in a class action lawsuit.
    If you think about it though, this could work to the advantage of keeping the RIAA expending resources to catch the "little people", and ending up pissing off prominant people because their kids were swapping mp3's....

    --
    An ounce of perception is worth a pound of obscure
    1. Re:This will never work by phulshof · · Score: 1

      Unless it is a file containing something other than the Metallica song, it is considered copyright infringement I'm afraid. Publication of copyrighted material that does not belong to you is illegal under the law. Whether that law is a good thing is another matter of course...

  11. False negatives? by crc32 · · Score: 2, Interesting

    Since the 'False Positives' section seems to make it clear that all the MPAA is doing is looking at filenames, wouldn't it be trivial to use some sort of '133t' type phonetic coding to mess with the search algorithms that they are running?

    --
    "In order to make an apple pie from scratch, you must first create the universe." -- Carl Sagan, Cosmos
    1. Re:False negatives? by acceleriter · · Score: 1

      Of course, but that also messes up the search algorithm's the users are running. Then, the clients get modified to search for the l33t characters, then sometime shortly thereafter, (ass)ranger gets the same changes.

      --

      CEE5210S The signal SIGHUP was received.

    2. Re:False negatives? by echucker · · Score: 2

      Igpay atinlay. 'Uffnay aidsay.

    3. Re:False negatives? by Anonymous Coward · · Score: 0

      A warm fuzzy Regular Expression clears that up.

      The tools of geeks will soon be used against them. :-)

    4. Re:False negatives? by Anonymous Coward · · Score: 0

      This "ranger" crap is running on a machine somewhere that has an IP address. Discover that IP address and BLOCK it with your firewall, cause "ranger" to see every filesharing system as a blackhole, cause it to consume HUGE amounts of valuable time probing blackholes.

      FIGHT BACK!

    5. Re:False negatives? by Anonymous Coward · · Score: 0

      No wizay. That shizit is old as the hizills. You need to gizet your new spizeak on. Pizig Lizatin is izout

  12. How hard could it be? by handsomepete · · Score: 2

    "Tyler was nabbed by an automated program developed by Ranger Online Inc. The software cruises file-swapping networks like Gnutella to find copyrighted materials, hunts down the IP address of the poster, then discovers which Internet service provider is being used."

    I imagine this tracker that they use must identify itself somehow. I've never been heavily in to the whole swapping/p2p thing, but shouldn't it be possible to find a signature of some sort from this thing and tack it on to the front of a swapping program? Honestly asking, I really don't know. Not that I think getting in a pissing match with the MPAA/RIAA is the best solution for the software writers...

    Here's the Ranger Online website. This section provides a very lame explanation of how they do the voodoo that they do.

    1. Re:How hard could it be? by acceleriter · · Score: 1

      And of course, the people who created this product/service no doubt learned everything they know about P2P while sucking down all kinds of music and movies. Hypocrites.

      --

      CEE5210S The signal SIGHUP was received.

    2. Re:How hard could it be? by kaden · · Score: 2, Insightful

      They don't really need a program, you can find out the IP and ISP of anyone on Kazaa as soon as they start sending you a file, just using basic tools on any OS, even Windows. I imagine if they really are using a custom program to do this for some reason, then the program just runs on top of Kazaa/whatever and therefore never is actually connected to the network itself. I'm just speculating, but it doesn't seem like there'd be any reason for them to right an entire P2P client to do this.

    3. Re:How hard could it be? by RatFink100 · · Score: 2

      They downloaded them on behalf of the people who own the copyright - with their knowledge and permission.

    4. Re:How hard could it be? by Troll+no.+592610 · · Score: 1

      And I'm just sure that's how they came to be acquainted with the technology--that they had never downloaded anything illegal before.

  13. You twat by Anonymous Coward · · Score: 0

    Seriously you are, if you are sharing something, then you are making it publically available and it is not an invasion of privacy.

  14. Good idea by haedesch · · Score: 1

    Movie pirates are doing illegal things. They don't physically hurt people, but that doesn't mean that they can get away with it.
    Just because a lot of people here don't believe in copyright, doesn't mean the rest of the world shouldn't believe in it.

    1. Re:Good idea by WildBeast · · Score: 2

      Can you stop it? I don't think so.

      Me myself I've downloaded a few movies to see if they're actually worth buying and to be honest I wanted to see how look it goods after all the compression :)

      That didn't stop me from buying DVD's; I have over 25 movies. Its not like I was gonna watch movies on my computer screen while I can watch them on my 48" HDTV instead.

    2. Re:Good idea by Anonymous Coward · · Score: 0

      what ? no tv out ?

    3. Re:Good idea by WildBeast · · Score: 2

      Yes I have TV out but Divx compression doesn't look as good as a DVD

    4. Re:Good idea by Anonymous Coward · · Score: 0

      "Movie Pirates are doing illegal things"
      True.
      "They don't physically hurt people"
      Possibly true, depending on if they actually ARE hurting movie sales (which cannot be proven).

      However, there is another issue at hand. The fact that the MPAA and RIAA do NOT release their entire library, or sell at astronomical prices simply because they can.
      I will admit, many of the titles I've searched for and downloaded were unavailable in any format (except someone's persoanl tape from decades ago). If the RIAA and MPAA doesn't want me to download these, point to where I can purchase them legitmately.

      If prices were truely competitive, and supply was there, then I feel piracy would drastically be reduced.

  15. What customers? by man_ls · · Score: 4, Insightful

    You're only a customer if you pay for a product, or have a legal license to use the product free of charge. I.e. Windows XP NFR copies...you're a customer even though you didn't pay for it.

    People who are involved in trading music/movies on the Internet are, for the most point in time, either fully aware that it is copyright infringement (I hesitate to say stealing because I don't really believe it is, but it is copyright infringement) or are vaguely aware that there's something "grey" about it.

    It's within the (RI/MP)AA's right to go after the individuals who are responsible for copyright violations, which they are doing--rather than try to increase prices on movies, institute DRM, etc. If a large-scale sharing user knows that if he gets caught, he'll have his bandwidth taken away, that'll be a decent deterrant. Similar to the Windows XP preview editions and Microsoft IRC spiders-anyone running Windows XP and an fserv at the same time was given a nice little message, courtesy NET SEND, warning them not to share software illegally. (I personally know two people this happened to.)

    Besides, the gnutella network isn't all it's talked up to be, anyway. I run a very fast DSL connection (1536/512 up/down) but STILL can't maintain more than 3 Gnutella network connections or pull more than 2kb/sec. I get transfers on IRC over 50kb/sec and direct from web sites in the 150kb/sec range...Gnutella as long since stopped being useful to me.

    Besides, everyone knows the REALLY good movies are found in IRC FServs in the distro group channels, or on FTP servers--not on Gnutella. All you'll find on Gnutella are fakes and porn.

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

      Umm..I really don't mean to burst your bubble here, but the whole NET SEND thing was a joke amongst people in IRC channels; someone mentioned it was still in XP (you can also do it in Windows 2000). A few people changed their NETBIOS names to "MICROSOFT" or something similar and started sending out messages to scare file-server owners/people who just downloaded XP and were prone to believe that sort of thing. I realize that you were just trolling for Gnutella supporters, though, so I had kind of assumed you hadn't had a clue what you were talking about to begin with.

    2. Re:What customers? by mark-t · · Score: 3, Interesting

      People who are involved in trading music/movies on the Internet are, for the most point in time, either fully aware that it is copyright infringement (I hesitate to say stealing because I don't really believe it is, but it is copyright infringement) or are vaguely aware that there's something "grey" about it.

      I've spoken to a number of people who seem to have no qualms about downloading illegal material that someone else has shared -- their view: "Nobody's gonna catch me anyways, so why should I bother obeying an unenforceable law?" Every single person that I have spoken to who does this is FULLY aware of its illegal nature, but don't give a damn because they believe that unless some self-righteous bastard such as myself draws attention to their activities, they'll never get caught -- and even if I did say something to someone, it'd be my word against theirs. Stalemate -- no point in pushing the point any further. But I have yet to find a single person that thinks it's "grey"... Everybody knows it's wrong, but they just don't care.

      It is this attitude of feeling untouchable, I believe, that is the cause of the degree of piracy we see today. Going after the people who illegally share material might do a lot to make it inconvenient enough for such people to stop doing what they are doing, but until we can change the underlying attitude, we won't have really done anything to solve the problem -- only hidden it from public view.

    3. Re:What customers? by Anonymous Coward · · Score: 0
      Besides, the gnutella network isn't all it's talked up to be, anyway. I run a very fast DSL connection (1536/512 up/down) but STILL can't maintain more than 3 Gnutella network connections or pull more than 2kb/sec. I get transfers on IRC over 50kb/sec and direct from web sites in the 150kb/sec range...Gnutella as long since stopped being useful to me.
      Really? My DSL connection is close to yours, but not quite as fast, and Gnutella works wonderfully for me. I normally set it up to maintain four hosts, but I can easily do up to ten (I haven't had a reason to go over ten). Even with my TTL set really high (which makes me find people that are geographically far away sometimes), I can still find people that allow over 60kb/s downloads relatively frequently. Maybe you're using the wrong Gnutella client? Gtk-Gnutella is the best I've ever used (yes, better than all the Windows clients I've tried, too).
    4. Re:What customers? by Hope+Thelps · · Score: 0

      But I have yet to find a single person that thinks it's "grey"... Everybody knows it's wrong, but they just don't care.

      Your experience is obviously different to mine. I agree that people don't generally regard it as "grey" but whilst everybody appreciates that it's illegal very few consider it to be wrong.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    5. Re:What customers? by Anonymous Coward · · Score: 0

      Everybody knows it's wrong, but they just don't care.

      You are waaaaaay off-base here. There are _plenty_ of people out there who believe that information should be 100% free.

    6. Re:What customers? by protagonist · · Score: 1

      Which just goes to show that current copyright laws are out of sync with the beliefs of society. They may think sharing copyrighted material is illegal, but obviously don't think it is immoral. I would extend this argument to include all "Intellectual Property".

      There are few things in this world easier to share than an idea.

    7. Re:What customers? by mark-t · · Score: 2
      The problem is that if you keep moving the "morality fence" to synchronize with the views that society has at the time, it isn't long before theft and even murder become legal. Take things to their logical conclusion and you will see such a world.

      (well... so much for my karma, but I think it needed to be said.)

    8. Re:What customers? by Fjord · · Score: 1

      That's nice and all to say, but who do you suggest set the idea of morality other than the people in the society? A single dictator?

      --
      -no broken link
    9. Re:What customers? by mark-t · · Score: 2
      I didn't really want to go there, since as it happens, I believe that a world such as what I've described above is inevitable. However, the mere fact that moral views have changed in society should not, by itself, be a reason to retract a law.

      Consider the issue of people who speed on the highway. People do it because they want to, and they believe (sometimes correctly, sometimes not) that they won't get caught. Nothing more, nothing less. In fact, a majority of drivers speed on a regular basis. Should the speed laws be changed solely on the basis that they do not reflect society's values? Probably not.

      If legal system's view of Copyright is to be changed, there should be a more objective reason than apathy. Otherwise, we end up taking someone's (the copyright holder) rights that they formerly enjoyed without ANY justification.

  16. Questionable mapping of inventory control by geojaz · · Score: 2

    In any retail industry there is a certain percentage of profit lost due to "pilferage". The company's objective is to minimize this percentage.

    This strategy by the MPAA employs an inventory control system which doesnt control the original products and may be better suited to a physical product/store. These are all derivatives of the movie from the movie theater or the DVD from Blockbuster, but in fact, none are a physical product complete with 100% of the value.
    How the American people and the government deal with this will obviously set an interesting precedent for the future of media. These methods need a close reality check to see if this is the way to deal with the lost profits.

  17. Not necessarily a bad thing. by darkonc · · Score: 4, Interesting
    In terms of the long term fight for the freedom to use P2P networks to distribute Indie works, this may actually be good. I was thinking about the AudioGalaxy takedown, and I think that I came up with a scheme that allowed them to make legit works available by making the people who post the songs responsible for them:

    Before submitting a song to AudioGalaxy, a user has to 'appropriately identify' themselves. Once a user is identified, they can submit songs to the AudioGalaxy universe to be authenticated for distribution.
    When an identified user submits a song for use, the song is fingerprinted, and identified as 'good'. A properly identified song is the responsibility of it's submitter. AudioGalaxy is simply a tranmission medium. If a copyright holder feels that their song is improperly submitted, then they can go to the person responsible for the song for the 'publishing' of it. If a user is identified as consistently submitting unauthorized copyright material, then their entire set of authentications can be revoked.

    user authentication

    Users can be authenticated by any of a set of means -- eg:

    • A credit card authorization (should appear on credit card summaries as something obvious like "ID verification audogalaxy-id.com" with the domain (and www.domain) pointing to a page that precisely describs what the ID was for and about and what the associated person would be responsible for [[in case the ID was the result of a credit card theft]]).
    • Thawte (www.thawte.com) allows all sorts of ways to authenticate the identify a person -- including their 'web of trust' system which is free, and various paid methods.
    • Persons who don't have access to (or don't want to use) other methods, could mail in a notarized copy of personal ID,
    • Pick your favorite other method of verification.
    Once a user is verified, they would be issued an SSL certificate that would allow them to submit songs (automatedly) for authentication.

    SSL certificates allow for repudiation, so if someone's ID was used inappropriately, they would be able to issue repudiation.. It should be possible to issue repudiation starting from a specific date (when the certificate was compromised), generally (e.g. if the identity was issued improperly), or even for specific songs (if a publishing authorization turns out to have been mistaken, or the publisher has second thoughts.).

    Sharing would then be checked for authentication of a song, rather than a record company claim (after the fact) of copyright infringement. If a record company claims copyright on a song, they would identify it by fingerprint (or a fingerprint summary) then DMCA procedures for notifying the 'owner' of the impugned song would follow.

    The point here is that the users are then explicitly responsible for the songs that they post -- combining this with the fact that the RIAA is now proving themselves capable of going after the individual violators, this means that they should have a much harder time going after distribution services like AudioGalaxy for actions that individual customers are really responsible for. (and able to be held responsible for)

    On the other hand, the RIAA's high-handed tactics may backfire on them, and provide a real boost to the indie music industry.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    1. Re:Not necessarily a bad thing. by acceleriter · · Score: 1

      Interesting idea, but here's one problem. If the *AA wants to use my bandwidth to serve content they're charging for, I want a cut. That, and I'm not interested in "properly identifying" myself and my musical tastes to improve their marketing databases.

      --

      CEE5210S The signal SIGHUP was received.

    2. Re:Not necessarily a bad thing. by jquirke · · Score: 2

      This is supposed to be moderated as Funny right...? I hope so...

    3. Re:Not necessarily a bad thing. by darkonc · · Score: 2
      If you don't want the RIAA to use your bandwidth, don't make their stuff available. The actual purpose of this setup would be to effectively make RIAA stuff unavailable. If any RIAA content was available, then it would generally have to be posted by RIAA staff. Think of it as an effective RIAA boycott (and at their request, too!).

      I guess I didn't make it clear: Each user wouldn't have to register every work tht he/she downloaded and then made available again. A work would only have to be authenticated the first time it was posted (nominally by the artist that made the word). Once a work was authenticated, users would be able to share it freely.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    4. Re:Not necessarily a bad thing. by Anonymous Coward · · Score: 0
      (acceleriter, replying as AC because of the dumb ass rate limit. /.'s going down the crapper, anyway.)

      I misunderstood what you meant--I skimmed your message, saw "credit card" and "fingerprint" and thought you had envisioned a system in which users pay for files then use their bandwidth to share them. My mistake. That said, I doubt any kind of strong authentication linkable to real world identity is going to get far in the p2p world. There, franky, isn't that much legal stuff people would be interested in sharing that way.

      I predict the return to the way it was in the past. Those that knew someone and/or knew the technology will have more stuff than they can ever use. The unskilled and unconnected will have to pay if they want it. And I'm not sure that's so bad.

    5. Re:Not necessarily a bad thing. by darkonc · · Score: 2
      There, franky, isn't that much legal stuff people would be interested in sharing that way.

      There's a LOT of stuff that doesn't get canned by the RIAA corporations -- and that's what they're actually worried about. There are a few things to remember here:

      • Recording contracts rob artists blind
      • everybody BUT the musicians makes money on most recording contracts
      • 90% of all recording artists end up owing money to the record label.
      • most artists are just happy to know that somebody is listening to their stuff.
      • Most musicians make money from touring. They eat losses on the recording contracts because it gives them exposure for their tours
      • P2P music distribution could replace recording contracts for many musicians.
      Let's say, for example, that I hear that "The Dog Woker's Union" (a mythical band) is going to play at a local venue. The best deal for me would be to go to AudioGalaxy and see if they've made some, or all of their songs available. I download a couple and listen to them. If I like what I hear, I'm MUCH more likely to gather my friends together for a live go-listen, where they get much of the door money. For me. this is far better than listening to the local top-40 station and praying that they'll play a Dog Wokers' Union song.

      If they've self produced a CD, then I can pay them $10 for the CD and they get to keep $7 after printing costs (as opposed to them having to pay Sony Records $11 for their own CD, selling it for $15, and keeping $4).

      Also: those bands that really have hopes of making money selling CDs can still sell the CDs on the net -- and make more money off of a few thousand sales than they'd ever get from 1 million sales on an RIAA contract.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    6. Re:Not necessarily a bad thing. by dirk · · Score: 2

      There's a LOT of stuff that doesn't get canned by the RIAA corporations -- and that's what they're actually worried about. There are a few things to remember here:

      Recording contracts rob artists blind
      everybody BUT the musicians makes money on most recording contracts
      90% of all recording artists end up owing money to the record label.
      most artists are just happy to know that somebody is listening to their stuff.
      Most musicians make money from touring. They eat losses on the recording contracts because it gives them exposure for their tours
      P2P music distribution could replace recording contracts for many musicians.


      Let's look at your points.
      1. Artists are not robbed. They willing sign unfair contracts of their own free will. I agree the contracts are unfair, but if you agree to give me $5 in exchange for me giving you nothing, you can't complain that I have robbed you.
      2. The only people that make money on most recording contracts are the people that are paid up front, i.e. engineers, the recording studio itself, producers, etc. Labels lose money on most CDs produced.
      3. It is true that 90% of artists end up owing money to the label, but that is a direct result of 2. If the CD does not sell enough to make back the money the label has lent the artist, then the artist owes the label (mind you this is usually never repaid). So while the artist ends up owing money he will never have to repay, the label is out actual money they have spent.
      4.If most artists are just happy with people listening to their stuff, why are they signing horrible contracts with big labels? They can sign with a small, non-RIAA label, or put stuff out themselves, and never have to worry about the RIAA at all. The truth is most artists love what they do, but they want to make a lot of money doing it as well. very few people in this world want to do something (even something they love) and not get paid for it. They want to make money doing what they love, just like anyone else.
      5. Most bands lose money touring (although they do make money from merchandise sales on tour). The label once again fronts the money for the tour, and usually the tour loses money (unless it is a huge band like the Stones). The tour is advertising for the CD, not the other way around.
      6. This is correct, except the bands then have to come up with the money to make their own CD and they don't get all the advertising that comes with a big label. How do people know to go out and download The Dog Woker's Union if there is no advertising for them? No one has heard of them, so most people won't pay money to go to their show. The one big thing that is missing from bands going totally online is the advertisement. An unknown band will have a hard time getting known if there is no place for people to first find out about them. This is the biggest thing major labels offer, even bigger than the money. They offer a small artist the chance to have their song pushed with millions of dollars in advertising. They have the power to get people to listen to the music, and that is something that P2P doesn't offer.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    7. Re:Not necessarily a bad thing. by darkonc · · Score: 2
      Record companies do make money on the small bands, but the contracts are put together in such a way that it doesn't look like that to the bands. Consider, for example, the practice of giving away $2 CDs and charging the bands $11 each for them.

      The "costs" that the record company charges to the bands are often inflated so that the band officially loses money, but the record company makes money off of the charges that they assign to the band (and almost never has to pay royalties).

      The way that the royalty system seems to go is that there are royalties that go to the recording company and friends, and then there are royalties that go to the band. All costs come out of the royalties that go to the band. Profits have generally been rolling onto the record company books long before the band actually sees black ink. Add in the inflated costs assigned to the band, and I think that record companies do quite nicely by even the smaller bands that they sign.

      1. Artists are not robbed. They willing sign unfair contracts of their own free will. I agree the contracts are unfair, but if you agree to give me $5 in exchange for me giving you nothing, you can't complain that I have robbed you.

      Part of the reason why bands are willing to sell their souls to the record companies is that the record companies have pretty much sewn up the market on marketing of bands. If you want to have airplay, you have to play by their rules.

      Company agents sometimes also have a nasty way of getting a band to sign. They will get the band in a happy moment, and get them to sign a pre-contract agreement. With words like "It's harmless", and "It just says that we're going to negotiate", it's generally done under circumstances where the band members don't have much opportunity to really read and understand the agreement -- "but that's OK, because your lawyers will have a chance to OK the full final agreement".

      Once it sees the light of day, the terms of the 'interim' contract binds the band into near oblivian until and unless they sign a final contract. The band then has pretty much two choices: "Sign whatever we hand you, or die".

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    8. Re:Not necessarily a bad thing. by darkonc · · Score: 2
      6. ..... An unknown band will have a hard time getting known if there is no place for people to first find out about them. This is the biggest thing major labels offer, even bigger than the money. ..... They have the power to get people to listen to the music, and that is something that P2P doesn't offer.

      A place where people can go to listen to bands that they otherwise wouldn't know about is precisely what P2P offers to bands, and is exactly why the RIAA is afraid of P2P. That's why they sued Napster into oblivian even though napster increased their sales.. Napster -- and other P2P networks provide a marketing venue that's independant of the RIAA monopolies. If P2P is allowed to live, bands will have an actual choice if they want people to hear what they're putting out. Once the companies lose their monopoly they'd have to offer reasonably fair contracts to artists to get them to sign. That would cut back on their profits (and, yes they do profit off of small artists).

      If Napster were alive today, I could go look up Dog Wokers' Union and hear what they were did before I decided whether to go see them. The Wokers would only have to have one small server up for me to find them -- but if people liked them, there might be dozens (or even thousands) of peer sites making their music available. The more popular their music, the more numerous the sites.

      P2P provides a cheap auto-scaling distribution system and a (semi) centralized catalogue of music that any would-be listener can easily find and search -- and it also allows the users to choose what they want to hear, rather than waiting for some paid bobbin to decide to let let them hear what they're looking for. It has the potential to provide everything that an artist needs without having to sign away their soul, hip-hop, R&b , or whatever it is that they play.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    9. Re:Not necessarily a bad thing. by Anonymous Coward · · Score: 0

      If Napster were alive today, I could go look up Dog Wokers' Union and hear what they were did before I decided whether to go see them.

      If napster had had the remotest intentions of operating legally, they would be alive today - at least, assuming they could create a viable business model out of real 'free' music.

      P2P can't really provide a good distribution system unless it either gets more regulated (i.e. using ways to authenticate from a list of 'legal' songs authorised by identifiable individuals) or more broad (becomes more of a standard than individual apps, no centralised search list/database, an external focus that doesn't obviously work against any one industry - and, in this system, the users are still responsible for their actions).

      Basically from the RIAA point of view, p2p is pretty useless to them - it's only promotion in terms of the classic "well, it's free advertising" excuse and they would rather maintain control of their own publicity. They only need centralised music distribution.

      For non-RIAA musicians, a non-p2p system is still easier in terms of authentication of 'legal' music and centralising control of their music. P2P works for them only if it can provide more individualised service - such as users recommending songs, or combining song lists to create "if you like this, you might like..." suggestions.

      And it will take a lot of startup capital and promotion to kick off a business based on legal 'free' music - the companies the RIAA takes down have the 'name', but are usually seen as dead and gone long before they could shift over to such a system.

  18. Greedy Bastards by 0111+1110 · · Score: 1

    Looks like its time to start burning my DVD and laserdisc collection to my shared folder. I really hate these guys. They're making a ton of money. Movie tickets are approaching $10. The quality of online movies is certainly no better than VHS tape and probably worse. Pretty soon they'll be going door to door for VCR inspections. There's no way they're losing money over this. Do they have any idea how long it takes to download one of those movies. It can take long enough that the money you have to pay to the power company for leaving your computer running can cost almost as much as renting the real thing. I certainly hope this kind of behavoir is going to come back and bite them in the @ss. Don't they know that most people still only rent movies. Only a small minority actually buy them.

    --
    Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    1. Re:Greedy Bastards by Anonymous Coward · · Score: 0

      You're not getting your movies from the right places.
      The Divx/Ogg rips I have are near DVD-quality.

  19. Threat by Form Letter?! by Grendel+Drago · · Score: 3

    Uh-oh.

    Are we now to believe that a form letter generated by Share-O-Stop software can threaten an ISP into cutting off someone's service? Does the MPAA really think they can get away with this?!

    See, the thing about P2P was that it was so incredibly distributed that it would be impossible for the MPAA to sue all of us... but now, it looks like they're trying. As we've learned, the threat of legal action can frequently be as effective as actual legal action, at a fraction of the price.

    I can't believe they're using bullying tactics like this. What bastards. Maybe there's some kind of threatening form letter we can send to something the MPAA depends on, to cause them a great deal of meaningless trouble? Anyone have any ideas?

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Threat by Form Letter?! by Anonymous Coward · · Score: 0

      A 2 D4 C Fo' l1f3!

      Klerck is no match for the Awesome Anonymous Might of the AC Squad!

    2. Re:Threat by Form Letter?! by Fred+Ferrigno · · Score: 1

      Does the MPAA really think they can get away with this?!

      Yes. And so far, it looks like they have. Remember, they're not threatening to sue anyone who's sharing infringing material. They're threatening to sue ISPs for not disconnecting said people, which is worse in my view. The ISP hasn't done anything wrong, can't verify that you've done anything wrong, but they'll do whatever the MPAA tells them to do to avoid a costly lawsuit.

    3. Re:Threat by Form Letter?! by kindbud · · Score: 2

      Anyone have any ideas?

      Stop going to movies.

      Stop buying DVDs.

      Stop buying CDs.

      If they seem to be telling you they do not like having you as a customer, oblige them. If everyone did this, the MPAA/RIAA tune will change faster than you can say "bankruptcy."

      And if no one but you boycotts them, then everyone one but you will have to live with their restrictions. Boycotting movies and music is drop-dead easy, precisely because no one is going to drop dead from not listening to Eminem or from failing to see Minority Report. This is not like boycotting Monsanto or Exxon-Mobil.

      --
      Edith Keeler Must Die
    4. Re:Threat by Form Letter?! by marxmarv · · Score: 3, Insightful
      The DMCA requires that a binding takedown order swear under penalty of perjury that the file is illegally distributed. Someone who suffers as a result of such a sworn statement ought to have some sort of recourse against them. Share your non-MPAA music exclusively and make them suffer death by a thousand paper cuts.

      If the orders are not sworn under penalty of perjury, they are non-binding and therefore ISPs should give them exactly as much weight as any "ENLARGE YOUR PENIS!!1" spam, because that's exactly what it is.

      -jhp

      --
      /. -- the Free Republic of technology.
    5. Re:Threat by Form Letter?! by thenerd · · Score: 1

      The problem with this is that if they see revenue go down, they will blame piracy regardless of the actual cause. We've seen this before with piracy being blamed for lack of growth despite an awful economy, the 'war on terrorism', etc.

      So if a large group is successful in reducing their revenue through withholding purchases, instead, piracy could well be blamed, making the life of their customers even more difficult, and disregarding even more fair use rights than now.

      thenerd.

      --
      The camels are coming. I'm in love.
    6. Re:Threat by Form Letter?! by 0111+1110 · · Score: 1

      Good idea, but hard to implement. I can't stop buying DVDs because there is no alternative.

      Already, I don't buy Hollywood DVDs because they don't have any lasting value anyway and are a big waste of money.

      Already, I don't buy CDs because I can't listen to them before I buy them (how am I supposed to know if I like it or not). Although if I do manage to find music that I like through P2P networks or (soon to be dead) internet radio, I have no choice but to buy the CD if I want uncompressed quality. I try to buy used CDs though, just on principle, so that the RIAA doesn't get any of my money.

      I have to see the good films projected. There is simply no substitute for this. But these films are rare and almost never come from Hollywood, and usually not even from the US. The last decent film I saw, played for a whole 2 days in a local "art" theater. I missed Claire Denis's last film, some kind of interesting vampire flick, because the damn thing only played for a few days in one theatre. If it doesn't come out on video I'll probably never get to see it. So the good films don't help them anyway.

      Oh yeah, if the MPAA starts losing large amounts of money to a boycott due to their unpopular tactics and bad PR, they will (obviously) just blame it on piracy and P2P, and buy even more Draconian laws (P2P sharing death penalty perhaps) from our congress critters, and raise their prices. They will not die easily, not without a serious scorched earth policy. And, anyway it's not going to happen. He who has the gold makes the rules.

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
    7. Re:Threat by Form Letter?! by Anonymous Coward · · Score: 0

      why aren`t proxy`s used?

  20. Re:Hat trick! by Anonymous Coward · · Score: 0

    Actually a degree in African art can save your life if you ever go to South Africa. A wrong move will get you slaughtered in that part of the country. They don't appreciate white tourists messing with their tribe's symbols.

  21. Vigilante Justice by MarvinMouse · · Score: 2, Interesting

    Interesting form of vigilante justice I see. They go after and punish everyone that they deem as wrong. And perhaps they are right, but the reason for the justice system is not to punish everyone who commits something wrong, but to avoid punishing those who have no committed wrong.

    I remember hearing a great man say that "it is better to let 30 men go free, then have one innocent man condemned for life."

    Vigilante justice has the problem that while it catches more of the guilty, it punishes more of the innocent, as well if I remember correctly it is illegal in the states (could a lawyer check me on this?)

    I understand the need for the MPAA and RIAA to solve these piracy problems, but becoming the prosecutor, judge, jury and executioner is not the way to go. When you are all four, you are guaranteed to false positives and punish those who don't deserve it.

    --
    ~ kjrose
    1. Re:Vigilante Justice by Kamel+Jockey · · Score: 2

      I remember hearing a great man say that "it is better to let 30 men go free, then have one innocent man condemned for life."

      Contrast that to King Herod, who said "It is better to kill the innocent, than to let the guilty go free."

      --
      In case of fire, do not use elevator. Use water!
  22. Fair enough by Anonymous Coward · · Score: 0

    Enforcing existing copyright laws is about the most sensible idea I've heard for a long time.

    The only thing I would add is that I would expect a WRITTEN apology from anybody making false accusations.

  23. The moral of the story... by duckpoopy · · Score: 1

    Be a leech. It's just as illegal, but they won't try to catch you. Of course, that is a good way to kill a P2P network. What would be really scary is prosecuting the downloaders. If the ISP won't cooperate they could just go after people buying spindles of 100 CD-Rs. If you're really paranoid, don't fill out that rebate form. It might just be used as evidence.

    --
    word.
  24. Police Involvement. by Grendel+Drago · · Score: 3, Insightful

    The MPAA doesn't forward information to the police because they wouldn't have a leg to stand on. They send form letters and threaten legal action, but if they clogged up the court system enough (across how many jurisdictions? Quite an expensive nightmare for them) with frivolous accusations, the courts wouldn't look so fondly on this sort of thing.

    There really is something incredibly frightening about this mafia-like body's accusations having some of the force of law.

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Police Involvement. by Anonymous Coward · · Score: 1, Insightful

      Never underestimate the amount of money and lawyers the recording industry has. NEVER!

    2. Re:Police Involvement. by Beliskner · · Score: 2, Interesting

      The MPAA is violating the law, the FTC regulations state that traffic going over a dial-up voice network are protected and regarded as private. The MPAA can only go after cable and xDSL suscribers now that the FTC has classified these as information services. Dial-up is still protected as voice and is protected by the constitution and freedom of speech, the Telcos cannot dictate or allow others to dictate what happens over a dial-up connection.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    3. Re:Police Involvement. by boomer_rehfield · · Score: 2, Informative

      transfering a file isn't considered speech. If this argument was true, then there are hackers that should have never been hassled because they were on dialups.... You do not have free reign just because you are on dial up.

      --
      Carpe Canem - Seize the Dog
    4. Re:Police Involvement. by PeeOnYou2 · · Score: 1

      isn't it already clogged up enough? how much more would be 'enough'?

    5. Re:Police Involvement. by NeoSkandranon · · Score: 0, Troll

      So by your logic, anyone that downloaded anything from you on dialup would be breaking the law. Bzzt, wrong.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    6. Re:Police Involvement. by Xenographic · · Score: 1

      The MPAA's anti-piracy hotline says it all:
      1-800-NO COPYS

      Pity they rarely seem to care what the copys are of or if they even own the rights thereof, so long as people aren't sharing them.

    7. Re:Police Involvement. by Vulture_ · · Score: 1
      the Telcos cannot dictate or allow others to dictate what happens over a dial-up connection.
      But the ISPs can!
      --

      The only way the typical /.er can pick up a chick is with a forklift. -- AC

    8. Re:Police Involvement. by Beliskner · · Score: 2
      the Telcos cannot dictate or allow others to dictate what happens over a dial-up connection. But the ISPs can!
      If you're using AT&T dial-up internet then the telco is your ISP, which means they have no right to regulate your traffic due to FTC regulations. If you're using a third party ISP e.g. AoL or @home then their own TOS applies because they're not a telco. (IANAL but then many lawyers don't know about Internet law anyway)
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    9. Re:Police Involvement. by Anonymous Coward · · Score: 0

      Yeah, but have you ever tried to pirate a movie over dial-up? It's painful! I don't think the MPAA has anything to worry about on that front.

    10. Re:Police Involvement. by Beliskner · · Score: 2
      Yeah, but have you ever tried to pirate a movie over dial-up? It's painful! I don't think the MPAA has anything to worry about on that front
      ... apart from people that are desperate, but then if you're desperate then you're probably a 13 year old kid who has no money and nobody to drive him to the Blockbuster store. By forbidding him the movie industry would be alienating itself from him, making him resent it PLUS this kid would fall into the "patient kid, grow up to be a good manager" demographic so the industry will be alienating someone with great influence in the future.

      Just look at the US president, he's never "Yeah my mommy and pops gave me all the music and videos that I wanted", all the future Presidents of the United States who are working in poor farms right now will get shafted by the MPAA and will take down the entire industry. Go MPAA go! Put everybody that tries to download over a dial-up in jail.

      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
    11. Re:Police Involvement. by Anonymous Coward · · Score: 0

      Outside groups can't intercept what you're transmitting (and telcos can't without a warrant) - but if they're at the other end of that connection, then that doesn't apply.

      You might as well say "telcos can't regulate a drug deal because it's made over the phone" - but here you've effectively called up the police station and asked them how much they can deliver.

    12. Re:Police Involvement. by Vulture_ · · Score: 1

      Then explain why telco ISPs such as AT&T have their own TOS (e.g., no spam), and are able to enforce it without getting sued.

      --

      The only way the typical /.er can pick up a chick is with a forklift. -- AC

    13. Re:Police Involvement. by Beliskner · · Score: 2
      Then explain why telco ISPs such as AT&T have their own TOS (e.g., no spam), and are able to enforce it without getting sued.
      The problem with big companies that have big lawyers is that even if you're right you don't necessarily win. I'd call anyone apart from MCI, Unilever, etc. that tried to sue AT&T stupid.
      --
      A caveman dreams of being us, the incalculable power and riches. We dream of being Q, then what?
  25. Re:Invasion of Privacy - I think not by Alan+Cox · · Score: 5, Insightful

    It becomes an invasion of privacy if they decide to break into your computer. What is going on here is quite different. Its more akin to people leaving piles of copied movies on the road with a big "take one" sign.

    If you make stuff available for download you stuck it up for people to see and put it out in the open.

    There are guilty until proven innocent problems with the current take down approaches but the privacy one is a red herring here.

  26. Here is a fun idea... by Anonymous Coward · · Score: 0

    Why not just get some random porno movie, change the name of the file to reflect whatever is at the theater, let them inform your isp, show them that it's a waste of your time and THEIR time.

    Maybe ISPs will just start ignoring this futile attempt at the MPAA try to police the internet.

  27. Usenet by warmcat · · Score: 3, Interesting

    There is going to come a moment when the people who get rich off restricting availability of readily copyable content go after Usenet.

    If it becomes impossible to post arbitrary content to Usenet, I believe a line will be crossed.

    It is already the case that the law, especially in the US, is tilted too far away from the consumer and into the hands of copyright holders who figure that by so perverting the system, they can take shortcuts to profit like DVD region coding that spit in the face of their customers.

    As the parasitical feeding frenzy between media owners and our representatives - who fear the disapproval of those media - goes on, at some point there will be a flashover where we realize just how screwed we are.

    Remember these prophetic utterances: Usenet is the tiber, the last stand of liberty.

    1. Re:Usenet by acceleriter · · Score: 1
      And, unfortunately, it's only a matter of time before what you predict comes to pass. CompuServe was successfully prosecuted in Germany a few years back over pornography; a New York prosecutor got a settlement from a Usenet provider over underage porn.

      The *A will start sniping at smaller ISP's which carry Usenet feeds, get a precedent, and it will be all over in the U.S.--and once that happens, stuff won't propagate so well. (This how damning it would look for a premium Usenet provider--it would be so easy to show a jury that they profit substantially from illegal content. And regular ISPs would love to get rid of the resource drain that Usenet is to them.)

      The only hope is in technologies like Freenet that provide at least deniability of knowledge for now, and hopefully absolute anonynimity for all including exit servers at some point.

      --

      CEE5210S The signal SIGHUP was received.

    2. Re:Usenet by Wesley+Felter · · Score: 2

      There has already been one lawsuit about this (ALS Scan v. RemarQ (one of the largest Usenet sites)) and I think ALS won, so it has already been set in motion.

    3. Re:Usenet by acceleriter · · Score: 1

      I had forgotten about that one--and it even relates specifically to copyright. Thanks!

      --

      CEE5210S The signal SIGHUP was received.

  28. So when will they be fighting themselves? by tedrek · · Score: 2, Interesting

    I mean if they automatically hunt down offenders.. and also put bogus files on the network..
    how long until they are accusing ppl of sharing content they put on the network in the first place?

  29. Think about the numbers.... by francium+de+neobie · · Score: 1

    There're literally millions of p2p network users, how could MPAA possibly disconnect them all? It's even more laughable that MPAA is asking the ISPs to disconnect their OWN MILLIONS OF USERS. And even if they've sucessfully disconnected and maybe prosecuted that millions of users, what would the people think about this?

    1. Re:Think about the numbers.... by God!+Awful · · Score: 2


      There're literally millions of p2p network users, how could MPAA possibly disconnect them all? It's even more laughable that MPAA is asking the ISPs to disconnect their OWN MILLIONS OF USERS. And even if they've sucessfully disconnected and maybe prosecuted that millions of users, what would the people think about this?

      The police hand out millions of speeding tickets every year, and I still think it's unfair when they get me.

      -a

    2. Re:Think about the numbers.... by Anonymous Coward · · Score: 0

      Yet... if I want to speed I can. Nobody has tried to build in a speed-regulator in a car yet. I take my chances. Sometimes I get caught sometimes I don't. But, my $340 Beltronics Vector 985 radar/laser detector definately puts the odds in my favor. "Fuck the police!"

    3. Re:Think about the numbers.... by dzym · · Score: 2

      The ones doing the sharing are also the ones using a lot more bandwidth than the ISP could afford to allot to them with a regular flat-rate broadband internet access fee.

      This way, the ISPs can cut their losses.

    4. Re:Think about the numbers.... by Anonymous Coward · · Score: 0

      Who's side are you on anyway? You sound like the MPAA's lapdog.

    5. Re:Think about the numbers.... by Anonymous Coward · · Score: 0

      The ones doing the sharing are also the ones using a lot more bandwidth than the ISP could afford to allot to them with a regular flat-rate broadband internet access fee.

      Those are the people who are providing the content. There wouldn't be much demand for broadband without MP3s and DivXs to download.

      This would destroy their income stream.

    6. Re:Think about the numbers.... by Dyolf+Knip · · Score: 2
      Not a very good analogy. The cops have no stake in your being happy with them. You are not their customers.

      If you want to use the car comparison, then it's more like the company that makes the car is giving you speeding tickets. It's something you may tolerate a bit, but if they get overly obnoxious about it you can get a different car without too much fuss. The MPAA is demanding that ISP's start pissing off their customers in droves. Given the millions of P2P users out there, the ISP's know that doing this to the extreme would be akin to shooting themselves in the foot. Both feet.

      About the only way this will be effective is if there are local monopolies on broadband, which is something we should be concerned about anyway.

      --
      Dyolf Knip
    7. Re:Think about the numbers.... by God!+Awful · · Score: 2


      Not a very good analogy. The cops have no stake in your being happy with them. You are not their customers.

      Okay, firstly it wasn't an analogy, it was a counter-example. The OP thought it was ridiculous that anyone would try to impose fines against millions of people. Secondly, analogies aren't meant to be perfect. They are meant to illustrate one idea by making an imperfect comparison to some other idea. Anyone can pick apart an analogy; it's just not productive. Thirdly, stores that prosecute shoplifters aren't worried about pissing off the shoplifters, even though the shoplifters probably buy more than they steal.

      If you want to use the car comparison, then it's more like the company that makes the car is giving you speeding tickets.

      The government uses my tax dollars to pave the roads and pay the police officers' salaries. Then they turn around and charge me a fine just because I occasionally break the law. Is that the thanks I get for all my hard work? (I'm considering not paying my taxes next year.)

      -a

    8. Re:Think about the numbers.... by Dyolf+Knip · · Score: 2
      Anyone can pick apart an analogy; it's just not productive.

      Certainly true, but the better the analogy, the harder it is to take apart. And it really is ridiculous to try to impose fines on millions of people. So they are going with plan B, threaten legal action on 'mere' hundreds of ISP's, a course of action which makes up in disgustingness what it lacks in sheer insanity.

      stores that prosecute shoplifters aren't worried about pissing off the shoplifters

      Certainly not. But a shoplifter is stealing from the store whereas the P2P user is not stealing anything from the ISP (they did pay for unlimited bandwidth, after all. the ISP doesn't get to bitch about it later). Imagine the shoplifter situation thus: the actual store isn't worrying overly much about shoplifters, but the marketing agencies for some of the products they carry are going nuts over it and are demanding that the store start doing crazy things like strip searches at the door or kicking out anyone who has baggy clothes since it _might_ be used to shoplift or, as is happening here, letting you pay for a product but then not letting you use it.

      P2P programs, for the most part, used to be to ISP's only something that sucked bandwidth and cost them a bit more money. The -AA's are going beyond that and trying to make them legally accountable for other people's actions. I can't think of a single other industry where this sort of insanity is tolerated, much less considered a Good Thing by Congress.

      The government uses my tax dollars to pave the roads and pay the police officers' salaries. Then they turn around and charge me a fine just because I occasionally break the law

      Again, the government and the police don't really care about your satisfaction with them since you pay taxes and get fined and arrested whether you want to or not. They are a 'local monopoly' and your only choice is emigration. Which is a tad more involved than changing an ISP and so not an option for most people. A non-monopoly _has_ to keep their customers happy since they'll just spend money elsewhere if they aren't.

      I'm considering not paying my taxes next year.

      I applaud your determination and wish you luck. Can you post to /. from prison?

      --
      Dyolf Knip
    9. Re:Think about the numbers.... by God!+Awful · · Score: 2

      Anyone can pick apart an analogy; it's just not productive.

      Certainly true, but the better the analogy, the harder it is to take apart

      I disagree. An analogy is an argument that if A1=>B1 and A1 is "like" A2 therefore A2=>B2. You can always pick apart an analogy by simply stating that A1 is not A2. My high school physics teacher used to explain that electricity going through a wire is analagous to water going through a pipe. It was a perfectly good analogy for illustrating the macroscopic equations of voltage, current, resistance, etc, and that's all it was intended to accomplish. You can always pick it apart by complaining that it doesn't explain electron tunneling.

      stores that prosecute shoplifters aren't worried about pissing off the shoplifters

      Certainly not. But a shoplifter is stealing from the store whereas the P2P user is not stealing anything from the ISP (they did pay for unlimited bandwidth, after all. the ISP doesn't get to bitch about it later).

      Not particularly relevant here, but a common misconception. The user doesn't pay for unlimited bandwidth. They pay for uncapped bandwidth, on the presumption that they won't abuse it. Of course they do abuse it, which is why all the ISPs have hand to either institute bandwidth caps or byte limits.

      Imagine the shoplifter situation thus: the actual store isn't worrying overly much about shoplifters, but the marketing agencies for some of the products they carry are going nuts over it and are demanding that the store start doing crazy things like strip searches at the door or kicking out anyone who has baggy clothes since it _might_ be used to shoplift or, as is happening here, letting you pay for a product but then not letting you use it.

      An overdramatization. Generally, the manufacturers don't have the ability to impose arbitrary limitations on what you can do with a product, but the government can (or the manufacturers, with permission from the government). Imagine how the gun lobby feels about those silly restrictions that prevent you from turning your semi-automatic weapon into a fully-automatic one.

      P2P programs, for the most part, used to be to ISP's only something that sucked bandwidth and cost them a bit more money. The -AA's are going beyond that and trying to make them legally accountable for other people's actions. I can't think of a single other industry where this sort of insanity is tolerated, much less considered a Good Thing by Congress.

      Oh really? Have you ever heard of the strict regulations placed upon pawn shops? They are responsible for ensuring that their customers aren't selling stolen goods. Liquor stores can't sell alcohol to minors, even if it means pissing off their customers. Swiss banks were held accountable for not asking questions about the source of Nazi art. In many, many cases, industries which can be used to facilitate illegal acts are held responsible for monitoring and preventing those acts.

      The government uses my tax dollars to pave the roads and pay the police officers' salaries. Then they turn around and charge me a fine just because I occasionally break the law

      Again, the government and the police don't really care about your satisfaction with them since you pay taxes and get fined and arrested whether you want to or not. They are a 'local monopoly' and your only choice is emigration. Which is a tad more involved than changing an ISP and so not an option for most people.

      Not true. If enough people took issue with speeding fines and made it a big issue in the next election then the laws would be changed. The government has a vested intrest in pleasing the electorate.

      A non-monopoly _has_ to keep their customers happy since they'll just spend money elsewhere if they aren't.

      There are some cases where we need to have monopolies. For example, governments. We can change the government every 4 years, but in the meantime they have a monopoly. I can't start my own government franchise (with my own constitution that allows murder), and then my customers could murder people with impunity. (That would be called a mafia.)

      ISPs don't have monopolies in most areas. And anyway, I doubt that the MPAA is selectively enforcing its copyright against some ISPs and not others, so that has no effect. It is perfectly reasonable for a film studio to have a monopoly on one particular movie, as long as they don't have a monopoly on all movies.

      I'm considering not paying my taxes next year.

      I applaud your determination and wish you luck. Can you post to /. from prison?

      Unfortunately, my tax bills seem to always come out negative, so my form of protest is only costing me money.

      -a

    10. Re:Think about the numbers.... by Dyolf+Knip · · Score: 2
      You can always pick apart an analogy by simply stating that A1 is not A2. [voltage-water thing] You can always pick it apart by complaining that it doesn't explain electron tunneling.

      That's the kind of thing I mean. If the analogy is a good one, you have to start picking exotic scenarios and highly technical details for the metaphor not to match up with anything. Anyway, it's neither here nor there.

      they did pay for unlimited bandwidth, after all. the ISP doesn't get to bitch about it later).
      The user doesn't pay for unlimited bandwidth. They pay for uncapped bandwidth, on the presumption that they won't abuse it. Of course they do abuse it, which is why all the ISPs have hand to either institute bandwidth caps or byte limits.

      Well, I've looked over my agreement with Time Warner, and there's nothing in there about capped usage or anything like that. Not even the sections regarding copyright. Only thing in there is that clause how "we can change the terms and not tell you about it and you will bend over and like it." That sort of crap is about as bad as a EULA that 'reserves the right to demand your firstborn in payment for services rendered.'

      Have you ever heard of the strict regulations placed upon pawn shops? They are responsible for ensuring that their customers aren't selling stolen goods. Liquor stores can't sell alcohol to minors, even if it means pissing off their customers. Swiss banks were held accountable for not asking questions about the source of Nazi art. In many, many cases, industries which can be used to facilitate illegal acts are held responsible for monitoring and preventing those acts.

      The pawn shop doesn't compare, since we're concerning ourselves with how the business is held accountable for what their customers do with products they have bought and paid for. Neither does the liquor store, since ABC doesn't get blamed if a 22-year old gets drunk and does something naughty. Gun manufacturers aren't held responsible for the crime if someone uses a weapon to kill or steal or whatever.

      But I do see your point. Regardless, the whole 'guilty until you prove otherwise' aspect of how the -AA's are handling this via the DMCA is despicable. Would you like it if, after taping the superbowl on your VCR to watch more than once, the MPAA got your power disconnected?

      Not true. If enough people took issue with speeding fines and made it a big issue in the next election then the laws would be changed. The government has a vested intrest in pleasing the electorate.

      And if the guy they elect reneges and raises the speeding fines even higher? We may get to choose the head of the 'corporation', but other than that... as individuals we have very, very little control over how we get treated. And as far as pleasing the electorate goes, there are more than enough laws on the books to suggest that those making the laws like to forget about them for long intervals.

      We can change the government every 4 years, but in the meantime they have a monopoly.

      And again, if I am still unhappy with the government where I live, the only thing I can do is move.

      I can't start my own government franchise (with my own constitution that allows murder), and then my customers could murder people with impunity.

      But they'd be allowed to defend themselves under their own constitution... nuts, I don't feel like adding the whole 'anarchy as a government' thing to this otherwise fascinating discuission. Suffice to say, I think we can both agree that less government control is generally far better than more, yes?

      ISPs don't have monopolies in most areas

      For dialups they don't. For broadband they most definitely do. And that particular situation is getting worse.

      --
      Dyolf Knip
    11. Re:Think about the numbers.... by God!+Awful · · Score: 2


      Well, I've looked over my agreement with Time Warner, and there's nothing in there about capped usage or anything like that. Not even the sections regarding copyright. Only thing in there is that clause how "we can change the terms and not tell you about it and you will bend over and like it." That sort of crap is about as bad as a EULA that 'reserves the right to demand your firstborn in payment for services rendered.'

      I can't say I read my broadband EULA, but when they promised 1 Mbps, I naturally assumed it would be 1 Mbps burst rate, not 1 Mbps of steady streaming 24/7. Anyway, they recently added bandwidth limits and they sent me an e-mail telling me about it.

      The pawn shop doesn't compare, since we're concerning ourselves with how the business is held accountable for what their customers do with products they have bought and paid for. Neither does the liquor store, since ABC doesn't get blamed if a 22-year old gets drunk and does something naughty. Gun manufacturers aren't held responsible for the crime if someone uses a weapon to kill or steal or whatever.

      See, this is what I mean about picking apart an analogy. Pawn shops have two sets of customers: those who buy and those who sell. They are nor responsible for who they sell to, but they are responsible for who they buy from. Liquor stores have to verify that their customers are of age. Asking your customer to show their id may insult them but you still have to do it.

      And bars are liable for lots of things that happen on their premises. If you get drunk and do something stupid, they very well might be liable. They are responsible for cutting you off when you have had too much to drink. (My favorite story recently was about a bartender who allowed a man to wear pork chops strapped to his feet like shoes. A customer slipped on the grease and sued the bar.) You can also be liable if you host a private party and a guest drinks and drives.

      But I do see your point. Regardless, the whole 'guilty until you prove otherwise' aspect of how the -AA's are handling this via the DMCA is despicable. Would you like it if, after taping the superbowl on your VCR to watch more than once, the MPAA got your power disconnected?

      But I don't think that will happen because I believe that that -AAs have a better sense of proportion than the average Slashdot reader.

      And if the guy they elect reneges and raises the speeding fines even higher?

      Okay, admittedly we don't control that. Although the fact that we have political parties means that the leaders have to pay attention to their party's reputation.

      Suffice to say, I think we can both agree that less government control is generally far better than more, yes?

      I don't fundamentally believe in less government control or more. I think it depends on the specific industry.

      For dialups they don't. For broadband they most definitely do. And that particular situation is getting worse.

      I dunno. Where I live, you can get broadband from both the phone company and the cable company. Maybe that's atypical.

      -a

  30. Lazy? by nuggz · · Score: 2

    The MPAA is just being lazy, they can fire off these letters and be done with it.

    I hope someone manages to sue them for falsely accusing them, they shouldn't be permitted to harras people who are doing nothing wrong just because they don't properly verify their accusations.

    That being said the actual infringers will have to accept that what they are doing IS currently illegal.

    1. Re:Lazy? by realdpk · · Score: 4, Insightful

      I disagree... The MPAA was being lazy going after the software developers before. Now they're moving towards going after the actual offenders. They're getting closer and closer to the actual infringers. Granted, they're doing it slowly, but they're getting there.

    2. Re:Lazy? by LiENUS · · Score: 1

      isnt the requirements for libel, Transmitted to a third party (isp), False (2 such false positives) Cause damage ( i should think if i had bought a 200 $ cable modem and suddenly the only cable isp in my city wont host me anymore im out 200$), and there was 1 more, anyone remember?

    3. Re:Lazy? by boomer_rehfield · · Score: 1

      if 5 people live in a house and all have access to a shared computer and everyone denies knowledge, who do you go after?

      It is far easier to get the ISP's to do this. They have been trying for years to take it to the ISPs to scare them into policing because they can't FORCE the ISPs to.

      --
      Carpe Canem - Seize the Dog
    4. Re:Lazy? by chrylis · · Score: 1

      Damages may depend on many factors, but the only requirements for a verdict of libel are proof that a person or entity "printed" (in whatever form) false, defamatory content about you. Even denying malicious intent isn't always enough to get you off the hook, and whether someone actually causes you economic or other harm is irrelevant. That said, retractions usually *do* limit the damages (that's why you always see retractions followed by "$PUBLISHER regrets the error.").

    5. Re:Lazy? by Cramer · · Score: 1

      The person who "owns" the internet connection/computer. Barring that, the property owner.

    6. Re:Lazy? by dattaway · · Score: 3, Interesting

      If a landlord provides internet service and someone misuses it, does the landlord get punished for trying to provide a service? What if one of your teenagers has a friend over for the afternoon and the MPAA comes a knocking. Everyone denies knowledge. Shall we prosecute you?

    7. Re:Lazy? by PeeOnYou2 · · Score: 1

      An easy way to do this? Download a bunch of completely blank movies of the correct size and title them. Wait until you get a letter. Sue their asses off for false accusation. Win big money.

    8. Re:Lazy? by Anonymous Coward · · Score: 0

      Simple. You delete the offending files. Problem solved.

    9. Re:Lazy? by blitziod · · Score: 1

      i have a better idea. Share movies. When you get a letter tell the cable company that you have a bunch of reviews of movies on your computer. Tell them that these are public domain files. It is your habit to title these reviews on your computer with the title of the movie they review. I call it the "nobody here but us chickens "defense.

      --
      The only way to bust a doper--is when you yourself become a smoker!
    10. Re:Lazy? by Cramer · · Score: 1
      • does the landlord get punished for trying to provide a service
      That's different. In that context, the landlord is a service provider and is accountable in the same manner as the ISP.
      • your teenagers ... Shall we prosecute you?
      As said teen's legal guardian, you are responsible for their actions Furthermore, the name on the account is most likely going to be the parents as "teens" (read: minors) cannot execute a legal contract. (And yes, they will. I've seen it done before my very eyes -- I was there when the "teen" was hauled away in 'cufts.)
    11. Re:Lazy? by Anonymous Coward · · Score: 0

      Get a friend to lie in the street. Cover them in fake blood. Walk around nearby with a knife and hockey mask. Then try to sue anyone who you overhear mention the words "murder" or "killed", as well as the cops who try to arrest you.

  31. This WILL backfire by Anonymous Coward · · Score: 0
  32. Parry/Repost� by MoogMan · · Score: 1

    Well unfortunately, the illegal world always come back with something better - viruses, exploits, and P2P thingywatsits. We're gonna see SSL connections, obfuscated searching methods and anonymous downloading from now on. This method of searching out the big warez d00dz will inevitably fall prey to these improved methods. The Internet as a whole always seems to balance out the effects of large organisations that try to swing it one way or another. I think its trying to tell us something...

  33. Been done. by billbaggins · · Score: 2, Interesting
    IIRC, Napster did this a while ago, while they were still being dealt with piecemeal (eg, everything Metallica must go). Someone wrote a plugin or something (never used it, not sure what it did) that munged filenames in some reversible way. I think the counter-solution was to ban files based on ID3 tags.

    In the battle between better warhead and better shielding, the warhead always wins. But who's got which here?

    --
    "The best argument against democracy is a five minute chat with the average voter."
    --Winston Churchill
  34. I feel validated by Borealis · · Score: 5, Funny

    I can't remember how many times I've said or thought "without the fucking customer, my life would be so much easier". I'm so glad to see somebody finally decided to just say "screw them" to all their customers and live the easy life.

    I wonder if the MPAA is hiring...

    --
    Unbreakable toys can be used to break other toys.
    1. Re:I feel validated by dimator · · Score: 2

      I fail to see how media pirates (and thats what they are, unless someone can explain to me otherwise) can possibly be considered customers of the media industry.

      --
      python -c "x='python -c %sx=%s; print x%%(chr(34),repr(x),chr(34))%s'; print x%(chr(34),repr(x),chr(34))"
    2. Re:I feel validated by Borealis · · Score: 2

      Perhaps not "current customers" but "potential and future customers" is not such a stretch. I recommend reading Eric Flint's "Prime Palavers" at www.baen.com/library as his discussion is both more detailed and more precise (and less rambling)than what I'm inclined to answer with.

      To sum up (pardon martha stewartisms), exposure is a good thing. Exposure doesn't happen at $17 for a random try at it, unless you're very rich and more than a little careless with your money (and since carelessness with money tends to lead to impoverishment, you'd have to be very damn lucky too).

      Right now, the only means of "legitimate" exposure is concerts and radio. Concerts usually require $$ on the part of the listener, which is not going to happen unless they like the music anyway. Radio exposure is free for the listener (unless you do satellite radio) but tends to be... shall we say... a bit repetitive. It costs $$ for the major studios to buy airtime on the radio so in return they only promote music that seems to be a "safe bet" (aka bland shit by talentless teenieboppers with big tits and/or handsome boys that think that waving their arms around at the same time they lip sync somebody else's voice makes 'em cool). To boot, you typically only hear at most 40% of an album by listening to radio, not exactly a comprehensive disclosure.

      Where was I? Oh ya, pirates. So why do people download music? To see what music they want to buy. Or, in the case of kids too young to have any money, to simply listen to it until they reach an age where they decide they want (and can afford) to have a "real" copy of the music.

      Do you go out and buy movies you've never seen, just because the previews look cool? Then why should you go out and pay $17 for an album that you haven't listened to except for a few singles that are getting played on the radio 20 times a day?

      Fact of the matter is (yes fact) that since napster died the RIAA has seen revenues for music sales drop. Yet when napster was in full swing, revenues were increasing... Why is that you ask? Because people were listening to more music and they were buying the music that they liked, knowing that they would be getting a good deal for their hard earned cash. What's more, the people who couldn't afford to buy any music at all (and thus wouldn't have contributed to sales anyway) also listened to a lot of good music and if/when they have surplus finances they'll go out and buy the music they listened used to listen to.

      Imagine that... people listening to music for free, and making more money for the RIAA's studio friends...

      But wait, it's piracy, let's round up the anarchist pirating cretins and shoot the lot of 'em, nevermind that it makes money and that it's a stupid idea.

      Clue: anytime you see the word "pirate" in anything put out by the RIAA replace it with "future customer". Then you'll understand the sarcasm of my original post (although it's true that sometimes I wish I could shoot all my customers, it's just not likely that I would make any money doing so).

      The only real pirates that are a menace to the RIAA are the ones that make and SELL copies of a legitimate artist's work (note the emphasis, we're not talking college guys making a few CDs for their buds). They are the ones passing off an inferior product for their own profit at the expense of the labels. You want pirates, go after those bozos, don't cut your own legs out from under you by persecuting your own customers.

      --
      Unbreakable toys can be used to break other toys.
  35. Invasion of Privacy. by Grendel+Drago · · Score: 3, Interesting

    It's called "probable cause". If a cop stops you for a traffic violation and sees a fat sack labeled "COCAINE" in your back seat, he has probable cause to search your car. This has been stretched quite far, for instance, having a locked gate on one's yard has been construed as probable cause for police to go in and look for marijuana plants. ('Cause if you weren't hiding something, why would you lock your gate?)

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Invasion of Privacy. by billbaggins · · Score: 1

      Thanks. I knew there was some sort of handy phrase for that, but I couldn't remember what it was...

      --
      "The best argument against democracy is a five minute chat with the average voter."
      --Winston Churchill
    2. Re:Invasion of Privacy. by Mister+Transistor · · Score: 2

      Actually, it's called "Plain Sight Seizure". Probable cause means he "thinks" he saw a flash of a bag or may have "heard" a cry for help. PSS means he DEFINITELY saw a bag sitting on the seat, etc.

      --
      -- You are in a maze of little, twisty passages, all different... --
    3. Re:Invasion of Privacy. by Chops · · Score: 2

      A nitpick: "Probable cause" refers to what must exist for a warrant to be issued by a judge -- it's not mumbo-jumbo that allows a cop to conduct a warrantless search; in the case of the bag of cocaine, the cop never had to search for it, so probable cause never entered into the equation. A cop who starts talking about probable cause may be trying to bully you into letting him search you without a warrant.
      There's plenty of stuff on the net about this (like here.)

  36. They've got their head screwed on backwards. by gTsiros · · Score: 1

    or not at all.

    Point is, they should not be going after those who *offer* the media. THey should be going after those who *take* it.

    Have you seen many police officers going to the shopping place in your town and arrest all those who have some of their merchandise outside their shop?

    (i know that on p2p you don't sell anything, i just wanted to say that it's not the one who offers who is to blame, but one who takes it illegaly. actual story: i had Death - The sounds of Perseverance on CD. Bought, fair and square. Then, one day, i stepped on it and it got ruined...i was very sad. Then i went on p2p to get it from someone else.Both me and the other party are perfectly legal.)

    please don't take me wrong

    --
    Looking for people to chat about multicopters, coding, music. skype: gtsiros
    1. Re:They've got their head screwed on backwards. by JimmT · · Score: 0

      I don't understand, you broke the disk you paid for and then you feel justified to go download it from the net? Ok, so if I break my ATI video card, can I feel justified to go to best buy and just take one with out paying for it? I don't understand your Logic.

      I think its fair that the MPAA and RIAA are doing this. I rather them find ways to combat piracy on their own than having the government "force" legistaltion that prevents consumer rights and fair use rights such as the "Hollings Bill". This should prove to the courts and legislators that these groups DO have a way to protect their copywrite work and this should debunk their argument about needing more legistaltion.

      Jim

      --
      "Life is art...Paint your destiny"
    2. Re:They've got their head screwed on backwards. by gTsiros · · Score: 1

      What i did, how is it different from copying my cd once, and keep it as backup in case the one i use gets ruined?

      In fact, after that cd incident, first thing i do when i buy a new cd, is copy it and use the copy. the original is kept in an archive.

      your ati card example is completely unrelated.

      --
      Looking for people to chat about multicopters, coding, music. skype: gtsiros
    3. Re:They've got their head screwed on backwards. by arkane1234 · · Score: 1

      I don't understand, you broke the disk you paid for and then you feel justified to go download it from the net? Ok, so if I break my ATI video card, can I feel justified to go to best buy and just take one with out paying for it? I don't understand your Logic.

      Uhhh, YES... you are justified to be able to get another copy without buying it. That is the pure reason for backups!

      Your ATI card is a tangible product, you didn't buy the rights to a peice of software on a cheap .05 peice of plastic that did the work, you purchased a card that is hardware and the money you spent was on the thing that broke. With a CD, if you scratch it, it's not good any longer... however it wasn't the CD you bought int he first place it was the music on it.

      If I have all the metallica albums (well, I do except for the first Garage Days) I am entitled to have every single Metallica song on MP3, VOC, WAV, OGG, 8-Track (hey, it's my choice if I want that:), or any other media granted that I didn't steal it from the store. (which takes money from the store because they paid money for that CD in the first place and lose that money when that tangible object leaves without any form of monetary contribution).

      See, that is the reason why the whole MP3 market is there, today. Contrary to popular belief, the entire consumer world isn't turning into criminals by offering MP3 players in cars (see BMW, Chrysler, and most consumer audio companies) and portable devices. It's a right we have...

      Now, if you haven't purchased it in the first place, thats a whole other story.

      --
      -- This space for lease, low setup fee, inquire within!
    4. Re:They've got their head screwed on backwards. by RoofPig · · Score: 1

      The RIAA/MPAA wants you to think of it as buying a license to stop you from doing what you want with it like selling copies. Or giving them away too, I guess. If I'm not buying an actual product that is mine to do with as I please, and am instead buying permission to just listen to a cd, then I'm legally licensed to listen to that music. I have permission.

    5. Re:They've got their head screwed on backwards. by JimmT · · Score: 0

      When you purchase the CD you are purchasing the complete package which includes the music, art, manual, etc.. It becomes a physical object. When I purchased my ATI video card I purchased a complete package etc... Anyway, it maybe Apples and oragne, but I like to see you guys walk into the local music store and grab another copy of the disc that was accidently destroyed by your foot. They will arrest you for stealing. Why is it different when it comes to the internet? Oh, thats right, music should be free blah blah blah. Yeah, who is going to feed me? Donations, blah.

      Jim

      --
      "Life is art...Paint your destiny"
  37. The MPAA's lapdog by shagoth · · Score: 4, Informative

    Unless things have changed dramatically, the MPAA is still using software from Ranger Online to perform their searches exclusively. This software isn't all that technically impressive. Anybody with an understanding of protocols and search techniques can make the searches they do in public forums like gnutella and IRC. So then I imagine that they do a simple traceroute to locate the ISP or hosting provider and then a whois for the contact. THis all publicly available and frankly probably requires lots of human intervention. We're not talking banks of computers here, we're talking about a room full of MPAA flunkies doing jack Valenti's bidding.

  38. We need to modify the P2P clients by GuNgA-DiN · · Score: 1
    The P2P clients need to be modified to detect scans from Ranger Online Inc.. Why not figure out what IP's they are using and systematically block them? Even better -- build this feature into P2P clients so that the user can change the IP's at will (rather than hard-coding it into the binary). That way when Ranger Online changes their IP's in attempt to start scanning again -- we can find out what range they are using and block them again!

    So, let's get some packet-sniffers up and going and figure out what range of IP's these "attacks" are coming from. If I find anything I will post it here in this thread. Let's shut these guys down and put them out of business for good!

    1. Re:We need to modify the P2P clients by vegetablespork · · Score: 1
      I doubt that even the people at Ranger are dumb enough to use a consistent IP block that's owned by "Ranger Evil Copyright Jackboot Enforcement, LLP." They probably source the same consumer bandwidth lots of us are using.

      I personally can't wait to see how they will deal with the ad hoc wireless networks that will start springing up in public places.

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

    2. Re:We need to modify the P2P clients by Anonymous Coward · · Score: 0

      Yup. This is what we need, and ASAP. Anyone with a firewall can do this. We don't even need the client apps to change. What we need is a list of IP addresses from those running this software. There can't be that many of them and having to constantly change their IP addresses will start costing them some dough.

      We need to get a real close look at this program. If it allows automatic nick generation it should be easy to spot. Good thing there's anon sockchaining. It looks like the Freenet devs need to pick up their pace. It's still way too slow, although 0.5 is coming soon and we can always hope. Distributed *and* anonymous is definitely the way to go.

      Time to publish my home recipe for nuclear breeder reactors and "step by step U235/Plutonium production for novices" on Freenet.

    3. Re:We need to modify the P2P clients by ergo98 · · Score: 2

      I personally can't wait to see how they will deal with the ad hoc wireless networks that will start springing up in public places.

      It's pretty obvious: They'll sue the wireless provider for facilitating a crime. Anonymous wireless, and I guarantee this, will never become more than a tiny marginal factor because its growth will guarantee a simultaneous effort to make wireless providers culpable.

      Personally I think that would be the right thing to do: The net is ugly enough as it is without a bunch of haxxors and IRC DOSers anonymous launching assaults from public parks.

    4. Re:We need to modify the P2P clients by acceleriter · · Score: 1

      Good thought--but what if the wireless weren't 802.11 to the Internet proper, but completely ad hoc networks negotiated locally with no control possible by the venue (save for jamming)?

      --

      CEE5210S The signal SIGHUP was received.

    5. Re:We need to modify the P2P clients by Anonymous Coward · · Score: 0

      The solution seems simple to me.. use the new, anti-consumer practices against them. Simply state in the EULA to P2P software that 'in order to access our network, software, users, IP addresses, and so on.. you certify you are not a representative of the MPAA, RIAA, Ranger Inc., etc. etc., and are not attempting to harrass our normal users in any way...... and so on, any attempts to circumvent the EULA will land you in court. So screw off.'

  39. Gnutella. by Grendel+Drago · · Score: 2

    Which Gnutella client are you using? I was staying at a university for a week, and so I had about 300k/s of unused bandwidth that I could just play around with, using Gnucleus (1.8.4.0, I think.)

    I scored some pretty good stuff... most of Gowenna's encodes of the Black Adder series, as well as lots of Simpsons episodes, and Ralph Bakshi's animated version of LOTR, which I hadn't been able to find anywhere else.

    What were you looking for that you couldn't find there?

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  40. Going after the chokepoints by LatroA · · Score: 0

    For quite some time now, we've been hearing how decentralized P2P networks would be impossible to police. Not true - once it becomes *possible* to get caught and face punishment for something, the amount of that activity will go down. If Joe Sixpack suddenly has to worry about losing his Internet connection, or worse, he'll think twice about file swapping. Anecdotally, I know of several parents where I work who have children that trade hundreds of thousands of songs and movies from their local machines. It won't take much for these parents to put the kibosh on that. --Latro

  41. Making it more anonymous by erroneus · · Score: 2

    Someone like bearshare or whoever should create a gnutella extention that will use a proxy service for all the P2P hosts to relay through. It would conceal the sender and could possibly even speed up the network in general.

    It's the lack of source anonymity that makes me hold off on hosting the files I've acquired.

    1. Re:Making it more anonymous by 0x0d0a · · Score: 2

      It's the lack of source anonymity that makes me hold off on hosting the files I've acquired.

      Want anonymity? Try Freenet.

    2. Re:Making it more anonymous by Anonymous Coward · · Score: 0

      Freenet is nice but, GNUnet is better suited for completely anonymous and distributed file sharing.

  42. Usenet overlooked? by tomRakewell · · Score: 1

    P2P networks always seemed very a very promiscous and un-anonymous way to share legally-dubious files.

    The alt.binaries.* heirarchy of the usenet, on the other hand, appears to contain about 99% copyrighted material. The people primarily at risk are those posting the copyrighted material. Most posters take some precautions: when I examine the headers it seems like they go through NNTP servers that offer anonymity and privacy, such as usenetserver.com. (They claim to keep posting logs for 48 hours as a way to controlling spammers... Of course if the MPAA came with a subpoena, they'd certainly have to turn them over to them.)

    My perception is that downloaders of Usenet binaries are subject to considerably less risk, as there is no public log of NNTP downloads. While ISPs may log them, I can't imagine a judge granting the MPAA a subpoena for checking an ISPs download logs just to go fishing.

    It is really astonishing how many terabytes get posted to alt.binaries.* per day.

    By the way, I routinely stress-test my new hardware using alt.binaries.*. I don't really even know what the binaries are, I just pick a few files, and start trying to reassemble the pieces. This seems to crash my potential production servers faster than anything.

    Do you think the MPAA will be knocking at my door?

    -tomRakewell

    1. Re:Usenet overlooked? by Anonymous Coward · · Score: 0

      The only thing I hate about usenet is the "Part 1 of 32,000" game. I wish I could download one MONSTEROUS file instead of 32,000 smaller pieces. It is geared towards people on 28.8 K modems.. not T1 lines.

    2. Re:Usenet overlooked? by tomRakewell · · Score: 1
      I wish I could download one MONSTEROUS file instead of 32,000 smaller pieces. It is geared towards people on 28.8 K modems.. not T1 lines.
      Nonsense. The Usenet isn't "geared" toward anything. The reason the posts are broken up like that is because many news servers filter out posts over a certain size.

      Additionally, certain archival technology (RAR, PAR) is really tailor-made for the Usenet's limitations. Posting 52 RAR files (themselves broken up into hundreds of uuencoded or yEnced files) and a few parity volumes means that consumers only need to successfully reassemble, say, 90% of the RAR files.

      Nobody will argue that the Usenet is an efficient way of many-to-one binary distribution. Far from it. I was just arguing that it's a lot safer that P2P, especially for consumers. And I would think that would make it more dangerous than P2P in the eyes of the MPAA.

    3. Re:Usenet overlooked? by Anonymous Coward · · Score: 0

      Try PAN. It consolidates multi-part posts so you seemingly download 1 large file rather than many smaller files.

    4. Re:Usenet overlooked? by Anonymous Coward · · Score: 0

      Not to mention that some internet service proiders block all of alt.binaries.* and/or all alt.* from their services, making this method more prone to attack than the others.

  43. so what.... by Anonymous Coward · · Score: 0
  44. Shrinkage. by Grendel+Drago · · Score: 2

    Losses to theft are actually called "shrinkage", as in, the inventory shrinks. I'm not sure if it refers simply to employees stealing, but ask anyone in retail---it's the preferred euphemism for theft.

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
  45. Play rough by Anonymous Coward · · Score: 0

    Couple things --
    1 --Those programs probably are not coming from an AOL domain so even if they fake their user identification, they cannot fake their IPs. Ban those IP ranges.

    2 --Create false positives, too bad for the users then sue your ISP because you have the right to rename a file to anything. Better yet, make your own MP3 "non-copyrighted", mark it as Metallica and let them chew on it then sue them.
    If every one person out of 10000 does that, that would be enough lawsuits.

    3 --Network packets can be fiddled. Write a program that will change its MAC address and IP address. Request to get your file and to which IP address will come from the server and you can send the packets to this IP address as long as your address is faked they cannot tell who you are. Some low level ethernet card tweaking should do it no prob. This would cause a few problems with servers being in danger but move them to seahaven.

  46. Some thoughts about the law by Thor+Ablestar · · Score: 1

    Maybe it's offtopic but:

    Some time ago I've placed the Operation Thetan III on my page. Then I was contacted by the legal dept of my ISP and they claimed that according to the letter from Religious Technology Center I violate the copyright. I confessed that I really violate the copyright hoping that I do this under an aegis of "Extreme necessity" article of local criminal code, and we agreed that I will stop the violation if the due Court will sentence me to do so. Of course, RTC was not going to sue in Siberia.

    Let's return to MPAA. When somebody places the movie to the 'Net, it's a violation and it can be proven by copyright holder. But when somebody obtains the copyrighted material then he can not prove that the material is copyrighted before he obtains the material. In other words, every receiver may say "Yes, Your Honour, I've obtained the movie from the network. Then I have seen the copyright marks and promptly erased it". I have no idea about your law, but in Russia it's so.

    Moreover. If the sender shows the files to everybody including the MPAA, in order to find the receiver you need a sniffer somewhere in the network. The sniffer may be illegal, and I hope that every ISP that wants to keep it's clients will NOT let anybody to sniff without the due court order. At least it's a base for countersuit.

  47. what about irc and these... by Mark19960 · · Score: 2, Interesting
    bots they have going onto networks to look at the traffic in warez channels? I know of some irc networks including ours that have policies against invading the privacy of users, but what legal grounds do we and other irc networks have? we have a notice on connect that if you stay on the network you agree to our policies, and one of them is not being affiliated with any law enforcement or the MPAA or RIAA we are just trying to keep the users privacy on our network, we dont spy on them... and really dont care what they do. it also says in our notice that you agree not to use the network to break any laws, hence you will be disconnected. (which isnt exactly enforced) is there anything that we can legally do to prevent them from coming onto our network and harassing our users that may be breaking the law? I and many others just dont want the network used for hunting people down. thats not what we are about. can anyone shed some light on this issue as well?
    our message follows as an example:
    "JustIRC.Net is a privately owned and operated network. By connecting to any of JustIRC.Net's servers (including this webserver), you agree to hold JustIRC.Net and its staff harmless from any legal action arising from use of the servers. You agree that you are not using JustIRC.Net's servers for malicious or illegal purposes. You also agree that you are not in any way involved with the RIAA, the MPAA, or any state, federal, or local law enforcement agency. If you fail to meet or disagree with these terms, you must immediately discontinue use of JustIRC.Net's servers. JustIRC.Net and its staff reserve the right to disconnect any user from any of its servers, with or without reason. These terms and conditions are subject to change without notice, and it is your responsibility to maintain a current knowledge of them. Complaints can be mailed to webmaster@justirc.net. "
    1. Re:what about irc and these... by flink · · Score: 1

      In the case of the *AA, can't you just figure out what netblock they are coming from and ban them?

    2. Re:what about irc and these... by Fred+Ferrigno · · Score: 1

      Doesn't this fall under the "you have to tell me if you're a cop" myth propogated among prostitutes? The MPAA could argue that despite your MOTD legalese, the IRC server is a public environment and that information on the network is publicly accessible. So, it doesn't matter how they got it, even if they broke your TOS to get it, because it's public knowledge anyway.

      Of course, IANAL and what I just said bears no relation to the actual law.

    3. Re:what about irc and these... by Fred+Ferrigno · · Score: 1

      I forgot to mention that just covers the MPAA or the RIAA. If you're talking about the police or the FBI, your little notice doesn't mean anything. If you try to sue Officer Joe because he caught you with kiddie porn when the server says cops have to disconnect from the server, the court will laugh in your face and promptly throw you in jail.

      Think about it: If cops were held responsible for agreements they made in the process of an undercover investigation, imagine how many drug buys would be proceeded by a contract that says, "I am not a cop. Signed: ___________"

    4. Re:what about irc and these... by mrmag00 · · Score: 1

      So after I connect to your webserver and retrieve that message, it says I am agreeing not to hold them liable. WRONG.

      If you connected, were presented the message, and were said to hit an "agree" button or specificly say you agree to it, you MIGHT get by. And the agreement which i was never asked to agree to may also change without notice? Yeah right.

      That "warning" or whatever its ment to be means jack shit. The only thing that is correct in it is that you may reserve the right to disconnect any user from any servers with or without reason, since it is a privately owned network.

    5. Re:what about irc and these... by mrmag00 · · Score: 1

      my bad, i also should have noted that reserving the right to disconnect any user for any reason would give you the right to get rid of the MPAA bots searching the network too. If you can detect em, kill them. When they complain, if you revise your terms of service, you can simply quote that it's a private network and we can do whatever we want.

  48. Rent, not Buy? by Grendel+Drago · · Score: 2

    Don't they know that most people still only rent movies. Only a small minority actually buy them.

    Really? This is pretty interesting... can you back that up with something? Most of the people I know don't own many movies, but they have some. I remember when my folks used to rent movies and dub them off onto tapes in SLP mode, or whichever the eight-hour one was...

    I have a friend who still lives at home. She's college-age, and not exactly rolling in cash. She owns over a hundred DVDs. How she affords this, I can't begin to fathom, but she's the kind of customer the MPAA wants.

    Oh, and if you think online copies of movies are bad quality, go find that 2-CD DivX LOTR that's floating around everywhere. Much better than VHS, and it even approaches DVD quality.

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:Rent, not Buy? by 0111+1110 · · Score: 1

      I don't have any hard statistics, but it was a "well known fact" in the laserdisc industry for years, alleged to be the main reason why laserdiscs never really took off in popularity.

      Virtually all Hollywood movies are only made to be seen once, or at the most twice. They are not works of art, they are just supposed to be "fun", or a "wild ride", something like that. They are mostly just advertisements for themselves, filmed to supply lots of exciting looking shots for the trailers. This is why many trailers are much better than the movies themselves, Godzilla and The Blair Witch Project (yes, non-Hollywood but making use of the same principle) being two very notable examples. Most people I've talked to about this consider the idea of actually owning a movie to be a complete waste of time and money.

      Now, it's possible that the huge marketing campaign and the "coolness" factor in being able to store a movie on compact disc sized media has encouraged more people to go out and buy them, but I still think it's an insignificant amount and the vast majority of movie downloaders would never have even considered buying the movie in the first place.

      Hell, I have a decent collection of laserdiscs, each which cost me between $20 and $50, but I almost never watch them. They just sit there in storage, representing many hundreds of dollars of spending. Of course, some of them are out of print in every format including tape. These are the ones I treasure the most and am somewhat afraid to play for fear of scratching them etc. Many of the best movies never even came out on LD and will certainly never be released on DVD. I collect these movies because they are works of art and I want to own them and preserve them for the future. Even I don't see the point of buying the newest mainstream movie. How many times am I going to watch it? It's still cheaper to just rent the DVD, which I can do for $1.75 at a local store. How else are you going to try a movie you haven't seen before anyway? The vast majority of films are not worth watching twice and were never intended to be. It's that simple. The MPAA/Hollywood does not see films as an art form but rather as a revenue stream, just a business like anything else. They don't want their movies to have lasting value or "meaning" because that doesn't sell $9.00 movie tickets to the masses. They'd rather leave that task to those other countries (ones whose masses also queue up to watch this trash badly translated into their own languages).

      --
      Quite an experience to live in fear, isn't it? That's what it is to be a slave.
  49. Ummm...read the DMCA lately? by SPYvSPY · · Score: 4, Informative

    The DMCA requires ISP's to takedown materials that are alleged to be infringing until the alleged infringer disputes the allegation. There's a whole messy procedure for the back and forth, and it favors the intital claim of infringment.

    1. Re:Ummm...read the DMCA lately? by Citizen+of+Earth · · Score: 3, Insightful

      The DMCA requires ISP's to takedown materials that are alleged to be infringing until the alleged infringer disputes the allegation.

      And in addition to Due Process, the DMCA also eliminates Fair Use and Free Speech.

  50. IRC Chans. by Grendel+Drago · · Score: 1, Offtopic

    Oh, and where on IRC are the damned distro chans? #imp-iso seems to be closed now, and I didn't really know any others. (Aside from the #*-central channels on DalNet.)

    Where can I get Xena episodes? They're for my girlfriend, honest...

    --grendel drago

    --
    Laws do not persuade just because they threaten. --Seneca
    1. Re:IRC Chans. by I91MM · · Score: 1
      Oh, and where on IRC are the damned distro chans? #imp-iso seems to be closed now, and I didn't really know any others. (Aside from the #*-central channels on DalNet.)

      Where can I get Xena episodes? They're for my girlfriend, honest...

      channel #tv-central on the IRC server at 127.0.0.1...? :-)

      -M.

      --grendel drago

      --

      Sen vord is thrall and thocht is fre,
      Keip veill thy tonge I conseill the.

  51. A better way to do file swapping... by Peeing+Calvin · · Score: 1
    Get all your geek freinds and their friends, and each of you buy a few DVDs. Then share them amongst one another. Each of you spends, like $50 for a HUGE library of stuff.

    Why use the Internet for this?

    1. Re:A better way to do file swapping... by Kamel+Jockey · · Score: 2

      Yea... generally most DVDs, unlike CDs, are very reasonably priced... I mean... $9-$12 for older (early 1990s and earlier) movies and $16-$23 for newer releases is pretty reasonable pricing, considering all the extra features you get. To me, aside from the fact its wrong to steal others' works, it would just not be worth my time to wait a day or two for the movie I want to download.

      I really wish the music industry would learn from the movie industry, instead of putting 2-3 good songs a CD and pricing it more than what a DVD costs, why not price it accordingly based on the "good" stuff? With a DVD, even if you don't want the bonus features, most of the content, in this case the movie itself, is what you want, as opposed to CDs, where very little of the content is what you actually want.

      Unless of course its a Bloodhound Gang CD :)

      --
      In case of fire, do not use elevator. Use water!
    2. Re:A better way to do file swapping... by bsane · · Score: 1

      I think you're right. DVDs are generally priced appropriately. I don't know anybody who downloads movies in an attempt to save $10-20, instead they download the movie because its not yet available on DVD. Then they usually buy the DVD anyway...

  52. Here's the point by Templar · · Score: 1

    Look, many people are saying that the MPAA doesn't have a legal leg to stand on, etc, but that's not the point.

    They do not have to prove that you're doing anything for you to lose your account. All they have to do is say, "Hey, Cable Company, this guy is a pirate", and the cable modem gets turned off.

    No courts necessary or applicable.

    I received one of the letters through Time Warner, as someone in my house allegedly was sharing movies through IRC. I don't particularly care if anyone decides to go to the cops, as it's unprovable, but I damn sure don't want to lose my cable modem... the phone lines near me aren't good enough for DSL, and I can't afford a T1.

    Of course I'll make sure that things aren't shared from this location. That's why the method is so completely effective.

  53. Wonderful! by vadim_t · · Score: 1
    Really, this is exactly what is needed. The MPAA is doing the role of an evil and strong predator and will force the migration to better file sharing systems. The more they hunt people who share the faster a switch will be made to Freenet-like systems.

    Freenet provides anonymous uploads and anonymous downloads. I'm wondering how will MPAA stop that. At this moment Freenet already has some MP3. So if you want to join, I suggest you check the Freenet and Frost websites.

    One thing I think Freenet desperately needs is good content. I don't think it will get very far if people use it only to distribute MP3, warez and other illegal content. It needs lots gaming, news, geek, and those typical "This is me and this is my dog" websites to avoid looking as a system only made to distribute illegal content without being caught.

    1. Re:Wonderful! by Kamel+Jockey · · Score: 2

      Freenet provides anonymous uploads and anonymous downloads.

      But even if they are anonymous, can't they just track the IP addresses of the machines connecting to theirs? Like if you use Netstat or some powerful network sniffing tool?

      --
      In case of fire, do not use elevator. Use water!
    2. Re:Wonderful! by vadim_t · · Score: 1
      You can see who are you connecting to, but the computers you get the data from are acting as routers. I guess you could try to sue the owner, but that would be like the MPAA suing their ISP because their computers are giving them the data.

      All you get with netstat is the most nearby routers to you. You can't know who uploaded that data, whether those computers have the data or are getting it from somebody else. Sniffing a computer's connection you can't know whether they're downloading the data for themselves or just forwarding it.

      That's why I say Freenet needs more good content. If it had tons of nice websites taking down people who run a node just because it forwarded something you don't like would be very hard.

    3. Re:Wonderful! by 0x0d0a · · Score: 2

      Freenet may not be perfectly anonymous, but it's very, very difficult to break. OTOH, Gnutella is incredibly easy to track people on and build up incriminating logs...and yet, the MPAA took years to get around to trying to work it over.

  54. Oh no... by Null_Packet · · Score: 4, Funny

    Watch out if you are on 192.168.x.x networks! They'll be coming for you next!

    1. Re:Oh no... by kyoko21 · · Score: 1

      Don't forget about the class A and class B of address of 10.0.0.0 and 172.16.0.0 :-)

    2. Re:Oh no... by buford_tannen · · Score: 1

      Heh.. actually, that might be an easy way to circumvent the Ranger tracker... 'force' your ip address to a blackholed one, and serve only through 'push' requests. They could still get your IP (from the incoming 'push' connection from you to them), but they would have to actually initiate a file transfer from you, which means it would slow them down a lot. Of course, I still believe that this action by the MPAA is a Lesser Evil(tm) than DRM/Palladium, but to each his own.

      --
      Buford "Mad Dog" Tannen
    3. Re:Oh no... by Anonymous Coward · · Score: 0

      Actually there's significantly more private address space than that, even.

      From RFC1918:

      10.0.0.0 - 10.255.255.255 (10/8 prefix)
      172.16.0.0 - 172.31.255.255 (172.16/12 prefix)
      192.168.0.0 - 192.168.255.255 (192.168/16 prefix)


      That's an additional 15 class B networks. :)

  55. Cross Border by nuclearsnake · · Score: 1

    Can the MPAA press charges in other countires? Seeing how most of the movies come from Asia, do they have any jurisdiction in these countries?

    --
    See the forbiden post Here
  56. Let's see by dapcook · · Score: 1

    54,000 letters have been sent out to try to shut down the IP access of people with copyrighted material. I pay 49.95 a month for DSL 54000 * 49.95 = 2,697,300 2,697,300 * 12 = $32,367,600 dollars a year. How many ISP's can take this hit and stay in business???

    1. Re:Let's see by Kierthos · · Score: 1

      Your assumption is that only one ISP is being hit with these C&Ds. It's spread over a lot of different ISPs. It's not like AOL (as an example) is solely taking the hit to the wallet on this.

      Kierthos

      --
      Mr. Hu is not a ninja.
  57. So... by Psx29 · · Score: 1

    What if I record something off TV and post it on the internet yet still get bitched at by the MPAA, where do my legal rights stand?

    1. Re:So... by phulshof · · Score: 1

      Yes, you will get bitched at, and legally you are in a precarious position. It's called publication of a copyrighted work, and it is illegal. Selling that copy (and only that copy) however is legal in the US as far as I know.

  58. Encourages more freeloading by Peyna · · Score: 2

    Since they are going after people who are sharing movies, if word gets out, I'm sure most people will learn quickly how to not share anything on the P2P networks, thus making them useless for most people. Then the only ones who will get these notices are those who are too clueless to disable sharing. If no one is sharing, then P2P isn't very fun.

    --
    What?
    1. Re:Encourages more freeloading by Sloppy · · Score: 2

      This should only have an effect on people sharing non-free movies, music, warez, etc -- copyright infringement. If you're sharing your garage band's songs or that new independent film you made or something that the maker said could be freely distributed (e.g. Free Software), then nothing has changed. P2P still has many fun uses.

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

      will a proxy work?

    3. Re:Encourages more freeloading by arkane1234 · · Score: 1

      I don't know of many P2P proxies...

      --
      -- This space for lease, low setup fee, inquire within!
  59. UNFAIR! by Stoutlimb · · Score: 2

    I pay taxes on every CDR and CDRW, and soon every other kind of digital media, because here in Canada I'm allowed to make copies. I think there's an equivalent thing going on in the US and Europe. I'm not sure about the rest of the world.

    So how is it fair, when people have already paid their dues, and are only doing the digital equivalent of trading with each other the tapes they've bought? It's a big swap meet.

    So, does the DMCA apply to me in Canada? Could my ISP get sued by an American judge if they don't comply?

    1. Re:UNFAIR! by Kwikymart · · Score: 1

      So, does the DMCA apply to me in Canada?

      No. I dont understand where this fits in though.

      Could my ISP get sued by an American judge if they don't comply?

      Why would an american judge try to sue your ISP? If the RIAA / MPAA did try to sue you in american courts, Canadian ISPs don't have any presence in the US so a trial would go nowhere fast.

      You also mentioned you/we pay taxes on CD-Rs etc. This gives us the right to copy music only if the person receiving the copy does all the dirty work. Though I havn't seen the wording of the law in a while, I think this would make sharing copyrighted music legal because the person who wants the music always initiates the transfer. Anyone who is a Candian lawyer want to clarify that for me?

      --

      Buying a Dell computer is equivalent to dropping the soap in a prison shower.
    2. Re:UNFAIR! by Kwikymart · · Score: 1

      Sorry, when I said "sharing copyrighted music" I left out the "over p2p or any other similar service" part at the end.

      --

      Buying a Dell computer is equivalent to dropping the soap in a prison shower.
  60. false positives by scharkalvin · · Score: 1

    So make a video of your hamsters fucking and post it on a p2p network.. Call the file "Simpsons episode_123" and wait. Sue 'em for false arrest.
    They should at least VIEW the material they think is pirated, just to make sure.

  61. Just in case anyone is interested... by Masato · · Score: 1

    The following is a copy of the letter one of the ISP sent out. This topic has been discussed on SecurityFocus' vuln-dev for the past day or so.

    Dear Customer,

    We are writing on behalf of Cox Communications to advise you that we have
    received a notification that you are using your Cox High Speed Internet
    service to post or transmit material that infringes the copyrights of a
    complainant's members. I have enclosed a copy of the complaint letter.
    Pursuant to the provisions of the Digital Millennium Copyright Act ("DMCA"),
    which is codified at 17 U.S.C. 512, upon receiving such notification, Cox
    is required to "act expeditiously to remove, or disable access to" the
    infringing material in order to avoid liability for any alleged copyright
    infringement. Accordingly, Cox will suspend your account and disable your
    connection to the Internet within 24 hours of your receipt of this email if
    the offending material is not removed.

    Please be aware that the DMCA also provides procedures by which a
    subscriber accused of copyright violation can respond to the allegations of
    infringement and, under certain circumstances, cause his or her account to
    be reinstated. To do so, however, the response must meet certain criteria.
    Pursuant to section (g) of the DMCA (17 U.S.C. 512(g)), you have the right
    to submit to Cox a counter-notification which, to be effective, must include
    the following elements:

    (a) a physical or electronic signature of the subscriber;
    (b) identification of the material that has been removed or to which
    access has been disabled and the location at which the material appeared
    before it was removed or disabled;
    (c) a statement under penalty of perjury that the subscriber has a good
    faith belief that the material was removed or disabled as a result of
    mistake or misidentification of the material to be removed or disabled;
    (d) the subscriber's name, address, and telephone number and a statement
    that the subscriber consents to the jurisdiction of the Federal District
    Court for the judicial district in which the address is located.

    In the event that you submit to Cox a counter-notification that includes
    these elements, Cox will forward your counter notification to the
    complainant and advise them that Cox will cease disabling access to the
    allegedly infringing material in ten (10) business days. Unless the
    complainant notifies us that it has filed an action seeking a court order to
    restrain you from engaging in the allegedly infringing activity prior to the
    expiration of those ten (10) business days, Cox will reactivate your
    account.

    Sincerely,

    The Cox Abuse Team

    1. Re:Just in case anyone is interested... by Masato · · Score: 1

      Whoops... Forgot to sent the MPAA's threatening notice too. > MOTION PICTURE ASSOCIATION OF AMERICA, INC.
      > 15503 VENTURA BOULEVARD
      > ENCINO, CALIFORNIA 91436
      >
      > UNITED STATES
      > Anti-Piracy Operations
      > PHONE: (818) 728 - 8127
      > Email: MPAA@copyright.org
      >
      > Monday, July 08, 2002
      >
      > Name: abuse@cox.net
      > E-mail: abuse@cox.net
      > ISP: Cox Communications
      >
      > Via Fax/Email
      >
      > RE: Unauthorized Distribution of Copyrighted Motion Pictures
      > Site/URL: gnutella://xxx.xxx.xxx.xxx:6346/ [with IP address: xxx.xxx.xxx.xx]
      > Reference#: 517703
      >
      > Date of Infringement: 7/2/2002 4:08:38 AM GMT
      >
      >
      > Dear abuse@cox.net:
      >
      > The Motion Picture Association of America (MPAA) represents the following
      > motion picture production and distribution companies:
      >
      > Columbia Pictures Industries, Inc.
      > Disney Enterprises, Inc.
      > Metro-Goldwyn-Mayer Studios Inc.
      > Paramount Pictures Corporation
      > TriStar Pictures, Inc.
      > Twentieth Century Fox Film Corporation
      > United Artists Pictures, Inc.
      > United Artists Corporation
      > Universal City Studios, Inc.
      > Warner Bros., a Division of Time Warner Entertainment Company, L.P.
      >
      > We have received information that an individual has utilized the above refe=
      > renced IP address at the noted date and time to offer downloads of copyrigh=
      > ted motion picture(s) through a =E2=80=9Cpeer-to-peer=E2=80=9D service, inc=
      > luding such title(s) as:
      >
      > Harry Potter And The Sorcerer's Stone
      > Jay And Silent Bob Strike Back
      > Simpsons, The (TV)
      > Windtalkers
      >
      > The distribution of unauthorized copies of copyrighted motion pictures cons=
      > titutes copyright infringement under the Copyright Act, Title 17 United Sta=
      > tes Code Section 106(3). This conduct may also violate the laws of other co=
      > untries, international law, and/or treaty obligations.
      >
      > Since you own this IP address, we request that you immediately do the follo=
      > wing:
      >
      > 1. Disable access to the individual who has engaged in the conduct describe=
      > d above, and;
      > 2. Take appropriate action against the account holder under your Abuse Poli=
      > cy/Terms of Service Agreement.
      >
      > On behalf of the respective owners of the exclusive rights to the copyright=
      > ed material at issue in this notice, we hereby state, pursuant to the Digit=
      > al Millennium Copyright Act, Title 17 United States Code Section 512, that =
      > we have a good faith belief that use of the material in the manner complain=
      > ed of is not authorized by the copyright owners, their respective agents, o=
      > r the law.
      >
      > Also pursuant to the Digital Millennium Copyright Act, we hereby state, und=
      > er penalty of perjury, under the laws of the State of California and under =
      > the laws of the United States, that the information in this notification is=
      > accurate and that we are authorized to act on behalf of the owners of the =
      > exclusive rights being infringed as set forth in this notification.
      >
      > Please contact us at the above listed address or by replying to this email =
      > should you have any questions. Kindly include the above noted Reference # =
      > in the subject line of all email correspondence.
      >
      > We thank you for your cooperation in this matter. Your prompt response is =
      > requested.
      >
      > Respectfully,
      >
      > Ken Jacobsen
      > Senior Vice President and Director
      > Worldwide Anti-Piracy

    2. Re:Just in case anyone is interested... by Anonymous Coward · · Score: 0

      I want to see them send emails out to non-USA people mentioning the DCMA and then not expecting to get a two fingers up in reply, which is most certainly what I will be responding with.

  62. this is fine by me by Metaldsa · · Score: 1

    Actually this sort of happened to me. I was running a not so legal server and got my service shut down. I was a stupid high school bandwidth junkie so I totally deserved it.

    If someone wants to host Episode II for everyone in the world to download he should face the consequences. It isn't exactly like the people who are downloading the movie are backing up their own copy.

  63. Just wondering by LordNightwalker · · Score: 1

    Would a clause in the softwares EULA work, that states that you can't install nor use the software if you're in some way associated with the MPAA/RIAA/..., and that by using this software you agree to not take any action (legal or other) that could harm other users of this software, no matter what they are using the software for...

    After all, by clicking "OK" or "Continue" or whatever, you agree to the terms of the EULA.

    Of course, this wouldn't stop stuff like this Ranger soft, but combined with a closed protocol and some heavy encryption scheme that would make it near to impossible to reverse engeneer the protocol so that downloading and installing the original software would be the only way to participate in the network...

    But then again... Who cares? Copying movies and songs around is wrong. But if software companies can use EULAs to impose restrictions which are on the edge (or beyond) if the illegal, why wouldn't it work for the small guy?

    --
    Install windows on my workstation? You crazy? Got any idea how much I paid for the damn thing?
  64. Constitutional basis for copyright law by Anonymous Coward · · Score: 0

    "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"

    Article 1, Section 8

    Found at http://www.law.cornell.edu/constitution/constituti on.articlei.html

    The MPAA being neither author no inventor cannot have any Constitutional right to the "intellectual property" that is a movie. Copyright can only be given to authors and inventors. Thus any cease and desist is based on unconstitutional law. It is as unconstitutional as warrantless search and seizure, declaring Judaism the official religion of the USA, or allowing warrantless searches on a random basis of people's houses. Further it is not just enough for the author or inventor to have produced the work but it must also only be theirs for a limited time and only as it promotes the progress of science and the useful arts. I would submit that "The Avengers" or Britney's latest album do not meet that criteria and as such cannot be granted copyright.

  65. Half false... by Anonymous Coward · · Score: 0

    A 2 cent legal analysis and worth every penny:

    There are exceptions to search and seizure under the US Bill of Rights. One of these is the plain-sight exception rule and it applies equally to both police and citizens.

    If a police officer goes through your room (as in walks through and conducts no search) and happens to see a bomb lying on your desk and he has reasonable suspicion you are a previous bomber; he may arrest you. The bomb will be used in court under the "plain sight" excception to illegal searches and seizures.

    Another example: If the police come to your house on a noise complaint and find an easily recognizable wanted criminal sitting on your couch; they are not blinded by their lack of warrant, no by the fact they came for a different purpose. They will arrest the criminal and then arrest you for harbouring a wanted felon. If the DA can prove in court that you were aware of your guest's wanted status; you're going to jail.

    Similarly, if you're sharing files; you're displaying your perfidity and defiance of the law for all to see. The evidence is in plain sight. If the police found such violation, they could indeed arrest you and use the logs of their search against you under the plain sight exception. Whether those logs would hold up in a court of law is another question, but the same logic would easily apply to a private party sniffing an open network.

    Glad we both agree... shame we're not modded higher.

  66. Simple Solution by Anonymous Coward · · Score: 0

    False positives, just because I name a file on my system, that is accessible by a public IP, to the same as any copyrighted piece of work, does not mean the data contained is held under their copyright. Surely, you could make some amatuer videos, or media, and offer them for download under a name. E.G. Name your home videos "family guy" and then a description. Name your home made music after an artist that it sounds similar to , and place your own band name and song name in the title also. Having your own media that you created online, under the impression that you are your own 'business', you could sue for anticompetitive behaviour. Being required to take down media you are the copyright owner of, just because they believe they own the copyright, would be interesting. I hope some ISP's will actually take a stand in cases like these, and have some form of due process, i.e. where you can send a legal letter back to the ISP proving you own the copyright on everything that you have posted, and any denial of service, would be a disruption of service.. Why would this be any different than trying to take down the MPAA's or RIAA's server, claiming that you own the copyright to something that is hosted on their site based upon a filename. Or, perhaps you could sign some form, which waves any responsibility the ISP has over your actions, and makes you directly responsible for what you do with the service, I.E. they cannot get into trouble for not disrupting your service, someone has to actually have a court order to deny you service. This would put the ISP in a safer position to not do anything. Surely, independent artists should have an outlet of free expression on the internet, when they are not violating any laws, that would be a free market.

  67. Old fashion way by Anonymous Coward · · Score: 0

    Looks like we'll just have to do it the old fashion way with videos. VCD! Only this time, MPAA is forcing divx to replace VCD's original format. Hey, it works in Asia.

  68. VCDs by Anonymous Coward · · Score: 0

    And what's more for divx on CDs....When this becomes the only cheapest option left, people can start making money out of it...instead of freely offering it online.

  69. regex to include both RIAA and MPAA? by Anonymous Coward · · Score: 0

    this may be slightly off-topic, but I've noticed a lot of people have different ways to refer to the RIAA and MPAA collectively.

    Can somebody please specify the most specific and "correct" regex to include both of these organisations together?

    1. Re:regex to include both RIAA and MPAA? by Anonymous Coward · · Score: 0

      m/(?:RIAA|MPAA)/i

    2. Re:regex to include both RIAA and MPAA? by Anonymous Coward · · Score: 0
      no.

      /(?:RI|MP)AA/i

    3. Re:regex to include both RIAA and MPAA? by Anonymous Coward · · Score: 0
      wrong again:

      m/(?:greedy middleman distributors)/i

  70. Windows XP by kyoko21 · · Score: 1

    Hmmm I was just thinking, what if all the files under /winnt and /windows were all renamed to file names like any other media names, i.e notepad.exe would be britney_spears_baby_hit_me_one_more_time.mp3 and yet it would still be executable. I guess it would make your entire OS all garbabled up and hard as heck to find where files where. But at least then if you share out your /winnt and /windows directory, you would be injecting so much fake files into the network that it would probablly bring the p2p network to its knees.

    Just a thought...

    1. Re:Windows XP by alizard · · Score: 2
      Why don't you try it and see what happens? Then tell us.

      Hint: you'll have to reinstall your OS to do it.

  71. e-mail I sent to rangerinc.com by fmaxwell · · Score: 4, Insightful

    Disgusted by this whole modus operandi, I sent the following e-mail to several addresses within Ranger Online:

    ---

    Gentlemen,

    I have the static IP address xxx.xxx.xxx.xxx (via my {ISP Name Here} business Internet service) and am officially notifying you that I will not tolerate your firm snooping around on my computer, using bandwidth that I paid for, in order to conduct your clandestine spying. I suggest that you take whatever steps are necessary to assure that Ranger Online and its affiliates never access that IP address. Any attempts by your firm to access data on my computer will be treated as a "trespass to chattels."

    I do not like your self-appointed 'net police' attitude. You are not a law enforcement agency and your searches are being carried out without probable cause or a warrant. The accuracy of the information you produce is suspect and your methods have not been undergone public scrutiny and peer review. You are using huge amounts of bandwidth from consumers, businesses, and institutions that often have limited resources and bandwidth already.

    Frankly, you are like spammers. You believe that you have a right to use bandwidth paid for by others for your own financial gain.

    Regards,
    {Name and address}


    If I do not get a response from them, I will reformat the message into a printed letter and have it delivered with a signature required and a return receipt.

    1. Re:e-mail I sent to rangerinc.com by Anonymous Coward · · Score: 0

      Well, if you do get a reply, post it

    2. Re:e-mail I sent to rangerinc.com by chongo · · Score: 1
      How will you know if they are following your demand? Do you have a list of IP addresses from which they scan/ping/traceroute/whatever? What prevents them from scanning from a non-rangeronline location? Are you going to go after every IP address that scans as well as pings/traceroutes you to determine if it is rangeronline?

      While I admire your spirit, I'm wondering how you will accomplish your goal. But regardless: best wishes and keep us posted on how this all works out.

      --
      chongo (was here) /\oo/\
    3. Re:e-mail I sent to rangerinc.com by fmaxwell · · Score: 2

      How will you know if they are following your demand?

      I can't prove that they have not, through some means, started scanning my address, but I sincerely hope that Ranger Online uses an IP address assigned to them to try to scan my system. I have VERY good logs complete with reverse DNS resolution.

      I have thought of various means to make it look like I am sharing copyrighted content when, in fact, I am not. I won't go into details about this for obvious reasons, but suffice it to say that I'd love for my ISP to get a letter from Ranger Online falsely accusing me of sharing copyrighted material. At that point, Ranger Online can expect to have a bumpy ride in court, not only for the trespass to chattels matter, but also for defamation, slander, damage to my business, etc.

    4. Re:e-mail I sent to rangerinc.com by Chump1422 · · Score: 1

      I doubt you'll have much of a case, as you'll be fraudulently inducing them to take action against you. If you know they'll scan your machine and know what will set off their filters and what the effects of tripping their filters will be, and purposely take action wanting those effects to take place, how can you complain when the action is taken against you? What you're doing is akin to the guy that purposely falls on the ice in front of the supermarket in order to sue.

      The trespass upon chattels claim I don't know enough about, but I'd guess it'll be suspect as well. But I'm not a lawyer.

    5. Re:e-mail I sent to rangerinc.com by fmaxwell · · Score: 2

      how can you complain when the action is taken against you?

      Because I've already given them a "no trespassing" notice for my computer. If they obey the law, they won't ever see what's on my computer, much less take action.

      Besides, I don't "know" how they evaluate what they find. Do they watch it? Do they download the entire thing? Do they just look at the title? If the latter, how do they tell the difference between copyrighted material and something that just has a title that looks like it could be copyrighted material? Is that the movie "Woodstock" or is it home video shot there?

      The trespass upon chattels claim I don't know enough about, but I'd guess it'll be suspect as well.

      That one is rock-solid. If you give someone notice that they are not to use your computer server, whether FTP, Kazaa, or e-mail, their continued use of that computer is a trespass to chattels.

    6. Re:e-mail I sent to rangerinc.com by Chump1422 · · Score: 1

      Stop being ridiculous. Disregarding the trespass claim, which I'll give you, you didn't address the point of my post: you're trying to induce them to take action against you. Your actions are designed to bring about what you'd be suing them for. That's going to be a problem for you.

    7. Re:e-mail I sent to rangerinc.com by fmaxwell · · Score: 2

      Your actions are designed to bring about what you'd be suing them for. That's going to be a problem for you.

      I'm perfectly within my rights to bait anyone I choose. If they are going to claim that I'm exchanging copyrighted material, then they need to have rock-solid proof of it -- regardless of whether I put a file on my PC called "Star_Wars.mov". I'll gladly tell any court that I put the files there with the intent of catching this group trespassing on my computer and to test the accuracy of their methods.

  72. Now let the MPAA know by trip11 · · Score: 1

    The other day I was watching a movie in the theater and was handed a survey to find out how effective different marketing stratagies were. The question was: What made you want to see this movie. Myself, and all of my friends left all of the options blank and wrote in "we downloaded it from a p2p, and decided it was worth watching". If everyone started writing this kind of thing, (true or not) the MPAA might take a second look. Can't hurt anyways.

    1. Re:Now let the MPAA know by WildBeast · · Score: 2

      True, I do that with movies that I'm not really sure about.

  73. In a related news FBI by aaandre · · Score: 1

    In a related news FBI has started methodical searches for unlicensed software and copyrighted media (vhs tapes of copied movies, audio tapes recorded from the radio, photocopied pages from your university textbooks).

    They are also talking to your neighbours, colleagues and family about occasions when you have performed copyrighted material (have you sung "Happy Birthday?") or used trademarked phrases ("Drivers Wanted") without paying license fees and / or having written permission from the copywright holders.

    Citizens which have done any of the above activity will be prosecuted to the furthest extend of the law, on the spot.

    There's a PreCopy task force being formed which will be empowered to issue arrest warrants before the copyright crime takes place, based on profiling.

    Happiness, we are all in it!

  74. Exactly the right thing to do! by werdna · · Score: 2

    This is, in fact, precisely what they are supposed to have been doing all along. The problem with file sharing is not file sharing services, but that individuals would use file sharing to engage in copyright infringement. The proper defendants, if any, have ALWAYS BEEN the persons actually copying the files without consent and not for fair use.

    But MPAA finds this unsatisfactory, because they don't want to actually deal with legitimate defenses that will inevitably crop up from time to time, or spend their energies on judgement-proof defendants. Fair reasons, but quite frankly, these are the checks and balances of the Copyright Act that have worked (to their advantage for the most part) for 200 years.

    Nor is this a fault of the DMCA -- prior to the DMCA, caselaw imposed liability on a provider (the Netcom/Scientology case) only who had been given actual notice of an infringement. Indeed, this is to the advantage of the user -- because the takedown only need go on for ten days, unless MPAA actually sues.

    So I applaud MPAA for doing the right thing. And, I rather like the (tacit) admission that they have been fibbing all these years about how imposible and implausible it would be to actually sue proper defendants instead of those providing viable and valuable new technologies to the public at large, particularly those capable of substantial noninfringing uses.

  75. A very dangerous game... by Anonymous Coward · · Score: 0

    If I ever got one of these notices threatening me, it would be game over for the RIAA/MPAA, and every other content provider.

    I would never, ever buy their products again. I would go out of my way to acquire them from other sources.

    They can either have me as an occasional customer, or as an adversary. There is no middle ground.

  76. Erm, wouldnt people jsut ignore a EULA? by Richard_at_work · · Score: 1

    Would a clause in the softwares EULA work, that states that you can't install nor use the software if you're in some way associated with the MPAA/RIAA/..., and that by using this software you agree to not take any action (legal or other) that could harm other users of this software, no matter what they are using the software for...

    What, you mean like the clauses in the EULA or licenses of the stuff being shared that basically says you can only use the item if you have payed for it? Auww come on, grow up. If people want to expose themselves by illegally allowing protected items to be shared from their pc, then they should stand up and face the consequences when they get caught.

    What you are saying is akin to a bunch of kids saying "but i didnt know i wasnt sposed to do it....."

    If people want something with no risk, then buy it, yes pay real money for it. Look, no risk involved!! Its a fantastic method of avoiding prosecution.

    1. Re:Erm, wouldnt people jsut ignore a EULA? by Dyolf+Knip · · Score: 2
      No, what he's saying is to try and turn the tables on the MPAA. They want to search P2P networks and prosecute users. But the EULA they had to sign says they can't. And furthermore, their pet law, the DMCA, actually forbids them from legally installing it without 'signing' said EULA.

      The idea is that if it should ever actually go to a courtroom, the MPAA would be forced to stand up and say, "Yes, we know that the EULA said we couldn't do this, but we did it anyway." And here's the great part; if they win anyway, it's a big precedent for the notion of "EULA's are aren't worth the phosphors they're printed on" and if they lose, then that P2P is basically immune from prosecution since the only evidence was acquired illegaly.

      --
      Dyolf Knip
    2. Re:Erm, wouldnt people jsut ignore a EULA? by Richard_at_work · · Score: 1

      Wouldnt this be akin to a shop keeper shooting an armed theif? i aint even evil enough to be a lawyer, but i think thats a nice analogy. Besides, they could jsut get the FEDs to do it. So who do you want? MPAA or feds?

      If it was taken to court, i bet anyones ass that the EULA would be declared invalid due to its use to protect criminals.

    3. Re:Erm, wouldnt people jsut ignore a EULA? by Dyolf+Knip · · Score: 2
      Wouldnt this be akin to a shop keeper shooting an armed theif?

      Not entirely. It's more like the shop keeper, after being robbed, goes vigilante and starts breaking into pawn shops and houses to see if they've got his stuff. And then, if he actually finds anything, it gets only a superficial check ("A Samsonite briefcase with the initials T.S. on it! Must be mine!") before he calls the power company and demands they shut down the juice to that locale, lest they be prosecuted for consorting with criminals.

      i bet anyones ass that the EULA would be declared invalid due to its use to protect criminals.

      Yeah, very likely. And yet when a EULA is written by criminals with deep pockets and big legal teams they expect it to be treated like a legit contract. Funny, that.

      --
      Dyolf Knip
  77. File sharing networks by minion · · Score: 1

    I think we should all resurrect Gopher and start sharing files with it. We'll show em!

    --

    -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
  78. New EULA for P2P will solve this problem... by Proudrooster · · Score: 1

    Yes, this in tongue in cheek.

    All that is needed to make the MPAA and RIAA go away is a new EULA in the P2P software which states that the P2P software may not be used by an entity for the purpose of gaining evidence of copyright violation . The penalty for using the software in this matter will be to provide the person you allege of copyright violation with a legal license.

    Click OK to AGREE.

    This will stand up in court, or serve to invalidate all other EULA's. Wouldn't that be a catch22. :)

  79. **** 'em by dh003i · · Score: 2

    The solution here is to develop anonymous file-sharing techniques. Things where your IP address is masked, for instance. I believe he mentioned a program called "Flyster" which provides downloaders with anonymosity.

    Also, lets get real here. This is a scare tactic which only works if you get scared. The MPAA/RIAA have neither the time nor desire (nor even the money) to actually litigate each one of these 50,000 cases out. You should automatically challenge these rulings, whether they're true or not. Chances are, they won't respond back. ISP's have to give you back access if you challenge the accusation, at least until the dispute has been litigated out. And chances are, the MPAA/RIAA isn't going to respond to any challenges of their accusations. It simply isn't feasable to sue 50,000 people, and increasing.

    So there are two ways to fight this: one technological (anonymosity), the other "legal" (challenging the accusation within 24 hours).

    They have their backwards beliefs about how intellectual property should be enforced draconianly, and how no fair-use should apply, and about increasing its scope, and increasing its duration ad-infinitum.

    We have our ideals about freedom of information, democracy, freedom of speech, privacy, and an open society.

    In other words, they represent fascist nazi values. We represent democratic values.

    P.S. -- Another solution is to get on a broad-band connection with a dynamic IP; thus, IP numbers can't be traced back to a specific user. However, this raises its own problems as dynamics IP's take away users rights. You can't log into your own computer from remote w/ a dynamic IP; can't host a web page; etc etc.

    1. Re:**** 'em by NightEyez · · Score: 0

      Check www.no-ip.org. You run a little app on your computer that updates your dynamic ip with a dns name you set up with them. Amazing thing is it's all free.

  80. six/four by NiGHTSFTP · · Score: 1

    What will they do, when more advanced p2p networks begin to gain popularity?

    http://www.zeropaid.com/news/articles/auto/07122 00 2a.php

    --
    http://www.angryburrito.com/ The best, completely unfinished software review site ever.
    1. Re:six/four by Anonymous Coward · · Score: 0

      If you read the forums, you'l find these pages

      http://www.zeropaid.com/bbs/showthread.php?s=4e2 d4 b31956c2ecf161e590aef6627b7&threadid=847&highlight =privacy

      http://www.unixhub.com/block.html

      Just becaerful not to ban all of UUNET

  81. Why are they wasting there time? by nullrun · · Score: 1
    Imagine of the government fought the drug war by only going after the drug addicts. A waste of time, no? Think of all the money they are wasting going online, doing searches, tracking down IP addresses, and writing letters. It is clear that the MPAA has absolutely NO CLUE how big the web is and what a futile and usless effort this is.

    What is scary is that the ISP's are taking there word that the material is in violation of law. File swapping is not illegal. Is the MPAA willing to take responsibility for mistakes they make by reimbursing the end users for there time and trouble? If your ISP tries that with you and you do not have any illegal software on the server, make them aware of how many customers they have and issue the phrases "Class Action Lawsuit" and "due process" and hope they back off.

    I actually don't expect anything less from the MPAA; they will get away with anything they can. If they thought they could come in and do searches in your house, they would. We have to put pressure on the ISP's about there responsibility to there customers, and try to make people less fearful of the almighty MPAA.

    Does anyone know if The MPAA has won lawsuits against ISP's for NOT removing material that the MPAA thought was illegal?

    Peace

    1. Re:Why are they wasting there time? by mabinogi · · Score: 1

      They're not going after the addicts (The downloaders), They're going after the dealers (The sharers).

      Though in most cases, they do tend to be the same person.

      --
      Advanced users are users too!
  82. Judge, jury, executioner by WiggyWack · · Score: 1
    This won't piss me off too much until I start hearing more stories about people getting their internet access shut off after being falsely accused of being a pirate.

    I mean anyone can do what the MPAA is doing. Why should ISPs listen to them? Because they're big and have money? "Oooo, the MPAA!" BFD. People act like they're the mafia or something.

    But I guess the ISP can do whatever they want. I'm sure I agreed to something with my ISP that says they can kill my access for whatever reason they want. But I hope there's some ISPs out there who have the balls to say "Unless our users have been charged of criminal activity in a court of law, we're not going to kill their access just because of allegations a third party is making."

    And if there was ever a way to track down every single person who had an illegal MP3 somewhere on his hard drive, ISPs would probably be pretty pissed when they're asked to kill access to 90% of their customers. :)

    --
    Macintosh humor! MacComedy.com
  83. Thats why people should use fringe P2P software ;) by Anonymous Coward · · Score: 0

    I use a fringe p2p network, its great. Sure there isn't as much stuff on it as KaZaA, but everyone on it is fast and sharing a ton of stuff (100% linux users at the moment)

    Its lovely, and its called giFT (gift.sourceforge.net)

  84. Not just Commercial ISP's by carambola5 · · Score: 3, Interesting

    My friend who works at the Medical Sciences building of a major university got a call from the U's IT department, who in turn got a call from the U's lawyers, who in turn got a call from the good ol' MPAA. Apparently someone in the building was sharing movies illegally (is there really any other way?). Not sure what the repercussions are yet, since this happened 3 days ago. My friend feels kinda bad about it, seeing as he was the one who suggested installing Kazaa Lite.

    --
    IWARS.
    People, in general, disappoint me. Politicians even more so.
    1. Re:Not just Commercial ISP's by buss_error · · Score: 2
      ...sharing movies illegally (is there really any other way?).

      Yep. If I purchased the DVD, and want to be able to access it from my computer in the work shop from my computer in the living room, that's legal as far as I know. Except for the trival problem of circumventing the "encryption" on the DVD, that is. That isn't legal, though it should be.

      I wonder if it would be legal for me to just pipe the baseband around. Oops. DVD doen't have a base band output. Well, I guess I could capture it off of the VGA out put. Opps. Guess not. Well I could... aw, screw it. I don't want to watch anything that badly. I just won't bother buying any more DVD's or going to movies.

      IANAL, YMMV, Do this at your own risk.

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  85. oops, wrong **AA by anthony_dipierro · · Score: 1

    ~s/song/movie/g

  86. well by waspleg · · Score: 2, Interesting

    this has probbaly already been said but

    what about dynamic ips? what happens when Tommy Warez kiddie gtes 10 new movies and his ip changes and you get the cease and desist order?

    i hope some really big class action lawsuit puts them back in tehir place, the mpaa is being even more stupid than the riaa -- movies are much harder to trade (since they're massive even the divx's are not manageable over dialup) and there are fewer of them...

    besides they still seem to assume that just because you have a copy you both a.) don't own it legally and b.) even if you didn't when you downloaded it that you *would* have gone out and purchased it (which is what they base their losses on)

    1. Re:well by Nonesuch · · Score: 2
      what about dynamic ips? what happens when Tommy Warez kiddie gtes 10 new movies and his ip changes and you get the cease and desist order?
      Presumably, the order would include the details regarding the incident, including a TIMESTAMP (in GMT) along with the IP address.

      That should be enough for the ISP to track down who was assigned that IP at that moment in time, and correctly go after Tommy Warez kiddie.

  87. Accusation == guilt??? by HiThere · · Score: 2

    The problem is that appearanly accusation is being considered equivalent to proof of guilt. There doesn't seem to be much of an appeals process.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  88. Copyright or not... by Lothar+0 · · Score: 2

    Frankly, I don't care. All of the abuses of copyright by the various industries has all but convinced me to advocate getting rid of the concept entirely.

    If you want an income, don't make it through false scarcity. Make your money off of tangible property that really is scarce - theater seating, T-shirt sales, movie posters, and DVD discs that coincidentally have added features that "pirates" aren't trading. Making people pay for things that can be copied ad infinitum is not an efficient allocation of resources - and pretty immoral if you ask me.

    --
    "Anonymous Coward" is for whistleblowers, not unpopular opinions.
  89. ...you only get a warning if you're lucky by Anonymous Coward · · Score: 0

    A friend of mine posted a movie to a newsgroup recently...woke up one day and found he had no internet connection, waited a few hours/days thinking it was just a network fuckup with his his isp. Gave them a call after a few days to find that his connection had been yanked without notice due to one of these letters from the MPAA and was told to call network security. He called up network security a few days later and had his connection turned back on. Kind of ironic in this case because his cable company is Time Warner.

  90. Is there an anonymous and secure way to P2P yet? by Anonymous Coward · · Score: 0

    I heard rumors that a major effort was under way called :six/five (not sure the name is correct, it is meant to be the date of the massacre in Tienamens square in 1989). Please post any methods to secure ip from being public or any way to use alternate ports, such that it would obscure unwanted observers. I am not an expert on what is out there.

  91. Nothing to do with it by Anonymous Coward · · Score: 0

    That's got nothing to do with whole "going after customers" title, though. :)

    The point is it's a incendiary and pointless title. A bank robber might be a customer of a bank, but when the police chase him, they're not chasing a "customer", they're chasing a "bank robber." Similarly, a file-sharer may or may not be a customer of the RIAA. It's irrevelant - the RIAA is targetting people that share files ("file-sharers", "copyright infringers", "p2p users", whatever), not people that buy CDs ("customers").

    Whether they're going about it in a fair or just way, or whether its a just cause, is a separate issue. It doesn't need pointless rhetoric like "going after customers"; adding that just weakens the actual valid points.

  92. last I checked by Anonymous Coward · · Score: 0

    it was innocent until proven guilty.. I guess people just don't like the wait.. So guilty until proven innocent..

  93. SPAM? by robertchin · · Score: 2

    So if we had an anti-spam law in place, would the MPAA be able to be sued under the fact that it was e-mail from someone we had never done business with in the past and had not requested the e-mail?

  94. Is there an anonymous secure P2P client yet. by Anonymous Coward · · Score: 0

    I heard a rumor that one was being developed called Six/Five ( I could have the name wrong as it is meant to be the date in 1989 that Tienamens Square had a student massacre). I am not an expert so could people that have a theory or a prog post ideas. JAVA code/ideas would be useful ( in addition to network admin ideas) as they would be cross platform compatable to most os.

  95. Somewhat effective, but not totally by Natdog · · Score: 1

    I imagine they'd do this by using tools much like nslookup to return a domain based on IP address. While this might stop your average computer user (and even that would be questionable given how many people trade movies), it won't stop people who run servers and write their own Resource Records. At the most, the MPAA would reduce the distribution of movies to those who have servers.

  96. Metallica and Napster by SpelledBackwards · · Score: 1

    You guys all seem to have the level-headed mindset that the MPAA is within it's rights to go after individual users, and I agree. So why does everyone get so worked up over the Metallica/Napster issue? It was the same thing: Metallica searched and found a bunch of users openly sharing Met mp3s ripped from albums. They provide this list of users to Napster and asks that Metallica songs get blocked, but Napster only bans those users (who can easily sign up again). They don't implement effective measure to block songs, so Met takes them to court over it, with copyright laws on their side. Despite a judge's orders, they still don't filter well enough. Met sues Napster for facilitating infringement, not the individual users who may be hard to track down. How's this any different?

  97. Oh, right... by MenTaLguY · · Score: 2

    Yeah, like the ones who developed algebra [hint: al-gebra is an arabic word], or preserved and translated many of the surviving writings of the ancient world.

    --

    DNA just wants to be free...
  98. About time.... by supabeast! · · Score: 2

    Isn't this what we wanted? The last time I checked, people were pissed at the MPAA for trying to sue filesharing networks out of existance. That tactic failed, and the MPAA followed up by trying to legislate DRM into existance. Public outcry seems to be keeping legislated DRM from happening, and also helps more and more people find out what laws like the DMCA can really be used for every day.

    So now the MPAA is being responsible by dealing pirates the smart way - direct attacks. Rather than clogging up the legal and legislative systems with crap that will never go anywhere, tactics have switched to a little corporate communication to stop people from passing out movies online. Pirates are forced to stop passing out movies, while bandwidth hogs are tossed off networks, keeping net access cheap. Filesharing networks can now exist in peace, and perhaps once the pirates go away people will start finding legitimate uses.

    I hope that this method DOES work for the MPAA. Furthermore, I hope the RIAA does the same. If internet music eventually moves from top 40 piracy to sharing files released by independent artists looking for cheap publicity, the popularity of musicians not on big labels will grow and the RIAA will have to work harder to sell records, instead of churning our generic overproduced top 40 hits.

    This is the way the internet should be. As long as people keep our legislators and Microsoft from taking away the control that groups like the MPAA failed to, the internet will evolve to better humanity over time.

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

      Does anyone remember Hotline (http://bigredh.com) ? I ran a HL server out of my dorm room sharing divx but the RIAA contacted the University and had me shut down for the mp3s I had that nobody downloaded. This is not new for the RIAA......

  99. Apples and Oranges. by Anonymous Coward · · Score: 0

    Apples and Oranges comparison.

    The Music is intellectual property. The ATI card is physical property. Yes, the music has some small amount of physical property - the CD itself, artwork and case - but the other cost is intangible and is for paying for the license to use the intelectual property.

    He broke the the physical representation of what he had payed for but had not damaged in any way the license he had purchased for using the intellectual property. In this case he did not steal the physical part for replacement: he payed for the physical part out of his own pocket in the cost of his Internet connection and possibly the cost of a blank CD for burning the music to. He did not steal the physical part in any way.

    Your incorrect analogy assumes that he stole the Internet connection and the CD for burning the music to. (Then again, he didn't state that he paid for them himself . . .)

    Those that obtain the intellectual property without obtaining a license for it are not stealing anything physical but are infringing the rights of the owner of the intellectual property. Anyone infringing other's rights should be punished. This guy has not infringed anyone's rights.

  100. Copyright? by Anonymous Coward · · Score: 0

    I think it's more than time to get rid of copyright/patents on so called "intellectual property" for once and all. It doesn't serve society and it certainly makes no sense economically.

  101. Dynamic IP is no panacea. by Nonesuch · · Score: 3, Insightful
    dh003i writes:
    The solution here is to develop anonymous file-sharing techniques.
    There are pseudonymous chat and filesharing systems where all transfers go through a central server which masks the end-users IP addresses from one another. In this case, your anonymity is only as good as the strength of conviction of the service operator, and his lawyer's ability to avoid a conviction (for contempt of court, after he refuses to turn over any records).

    Things where your IP address is masked, for instance. I believe he mentioned a program called "Flyster" which provides downloaders with anonymosity.
    The MSNBC story refers to going after the people offering to SEND you the file, not the people who have downloaded it. Masking the true source IP of the sender is not trivial, as any legitimate ISP will have implemented packet filters to prevent IP spoofing.

    To quote the article " Called "Flyster," the program will allow downloading in complete anonymity, according to developer Louis-Eric Simard. However, those who host files for download could still be traced, he said"

    Also, lets get real here. This is a scare tactic which only works if you get scared. The MPAA/RIAA have neither the time nor desire (nor even the money) to actually litigate each one of these 50,000 cases out.
    No, they only need to litigate in the cases where the takedown notice isn't sufficient to cause the offender to cave and pull the content. To quote the MSNBC story "...the music industry has been behind several high-profile arrests of individuals involved in the online music trade. And just last week, The Wall Street Journal reported the industry is planning to step up such individual prosecutions."

    Another solution is to get on a broad-band connection with a dynamic IP; thus, IP numbers can't be traced back to a specific user.
    Wrong. Given an IP number and a timestamp, the ISP can check their RADIUS or DHCP logs and determine who was assigned that IP at that time. Dynamic IP does make it tougher for a random attacker to come after you, but it gives you very little insulation from lawyers who subpeona your ISP for their records.

    However, this raises its own problems as dynamics IP's take away users rights. You can't log into your own computer from remote w/ a dynamic IP; can't host a web page; etc etc.
    These 'rights' you speak of, where were you granted them? If your contract with your ISP says you cannot host servers, you do not have that right. Your desires are not rights, they are wants. If you want to run a server, have a static IP address, ask your ISP how much more you must pay them to be granted these priviledges.
    1. Re:Dynamic IP is no panacea. by dh003i · · Score: 2

      There are pseudonymous chat and filesharing systems where all transfers go through a central server which masks the end-users IP addresses from one another.

      Aside from the disadvantage you mentioned, this also has the disadvantage of being centralized similarly to Napster. A court can shut down such a service. Though perhaps there will eventually be a constitutional challenge to the Napster rulings.

      No, they only need to litigate in the cases where the takedown notice isn't sufficient to cause the offender to cave and pull the content.

      Which, if we inform the public, can be nearly every case. Each accused person has nothing to lose by denying the charge. If you make the public aware of that, then there will nearly everyone will deny the allegation within 24 hours. This could be done VERY easily. People who share files need to do so through a file-sharing program -- Kazaa, LimeWire, Bearshear, Phex, etc etc. Simply form a coalition of various people who offer file-sharing software, and have them all place a message on their program informing users what their rights are and that they have nothing to lose by denying any allegations. This and other measures aimed at the (mostly) tech-savy people who file-share, could quickly raise the number of denials from less than 0.1% to nearly 100%. Their scare-tactics would then be completely broken, and litigation isn't an option against 50,000 people.

      On a similar vein, perhaps file-sharers should put together a common fund for defending ourselves against litigation.

      rong. Given an IP number and a timestamp, the ISP can check their RADIUS or DHCP logs and determine who was assigned that IP at that time. These 'rights' you speak of, where were you granted them?

      Gee, by the constitution, under freedom of speech. Freedom of speech isn't a right unless you have the means to speak. And being realistic, your rights can be violated by entities other than the government, including corporations, organizations, and people.

  102. A New Beginning by Anonymous Coward · · Score: 0

    The great thing about todays new breed of privacy invading corporations and dignity whipping boys is they will all be defeated by the same type of freedom-seeking revolutionaries that decided taxed tea looked better in the ocean than in their cup. You can only fuck with the common man for so long until he decides to tell you how it's going to be.

  103. Second DRM roundtable/DCMA revisited by Anonymous Coward · · Score: 0

    Here's an article on ripping to pieces what's left of fair use rights.

  104. Amazing by Fujisawa+Sensei · · Score: 1

    People scream about he MPAA, then they turn around and make a big deal when the trailer to a movie come out.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  105. Your p2p client said "ok" by Erpo · · Score: 1

    Actually, I think there's another important issue here. If the MPAA sends out a search packet containing "star wars episode II" and your computer responded with a search hit packet saying "I have that! Here's a list of hits to your search that I have on my computer." then did they really enter your computer without your permission? Setting aside the debate as to whether it's "right" for the MPAA to do this or even operate their business under current copyright law, this brings up an interesting question.

    Isn't that the digital analogue (har har) of the MPAA calling you up on the phone and asking "Do you have a pirated copy of Star Wars Episode II: Attack of The Clones?" and you replying "Sure do! If you want a copy, send me a self addressed stamped envelope big enough for two cds."? I certainly wouldn't consider _that_ situation an invasion of privacy.

    Of course, law, information, and copyright operate differently in the realm of computers and the internet. You can even sign a binding contract that holds up in court simply by hitting the tab key a few times on your computer and then pressing the enter key (choosing "I Agree" after a EULA).

    In my IRC days a lot of people would operate file servers, but upon connecting they would display a message to the effect of:

    You may not download any file from this server or obtain any file listings. You must disconnect immediately! If you stay connected or interact with this server in any way other than disconnecting, you are violating the terms of the Internet Privacy Act signed into law by Bill Clinton in 1995 and will be guilty of a federal crime.

    IANAL. I don't remember the text exactly. However, would something like this still work if the user's computer hit "I Agree" automatically or blocked the warning text from being displayed?

    If so, then couldn't all p2p packets carry a disclaimer such as this one to prevent "unauthorized" usage by the *AA? If not, then where do you draw the line between a user's action and a computer's action? After all, when you click I agree, isn't it _Windows_ that sent the WM_LEFTCLICK (or whatever) message to the window causing the software to install?

  106. is gnutella broken by samantha · · Score: 2

    Exactly why is a peer-to-peer file sharing service making available the IP address of the poster? This is broken if it is the case. It is also extremely dangerous in the case of things like political dissent.

    1. Re:is gnutella broken by Anonymous Coward · · Score: 0

      The old versions allowed you to spoof (type in a fake) your IP address. Now that a big company has taken them over (bearshare) you can't spoof your IP address anymore. It reports the real one. If file sharing is to survive, this feature must be brought back.

    2. Re:is gnutella broken by Anonymous Coward · · Score: 0

      I meant that bearshare, a version of gnutella, has been taken over by a big company. I forget who. I did not mean that bearshare has taken over gnutella. My error.

  107. You are guilty of illegal file sharing! by jesterzog · · Score: 3, Insightful

    I know this from a hunch, and therefore you owe me royalties.

    If you don't want to pay them then prove to me that you're innocent. Sending me police-verified evidence of an approved ISP's logs should be sufficient.

    1. Re:You are guilty of illegal file sharing! by Anonymous Coward · · Score: 0

      You have 10 seconds to comply!

      You have 5 seconds to comply!

      *ugly mess here*

    2. Re:You are guilty of illegal file sharing! by arkane1234 · · Score: 1

      ugh..internet version of ED-209 :)

      --
      -- This space for lease, low setup fee, inquire within!
    3. Re:You are guilty of illegal file sharing! by Anonymous Coward · · Score: 0
      You have 10 seconds to comply!

      You have 5 seconds to comply!

      *ugly mess here*

      . . .The "ugly mess" in question being my Shoulder-Fired rocket + Your Head. Oops, the cops have showed up? No worries; I got plenty of ammo. . .

    4. Re:You are guilty of illegal file sharing! by RatFink100 · · Score: 2

      It's not a hunch - it's evidence gathered automatically. Which may be incorrect (but probably isn't most of the time) - so the person involved should have the information needed to defend themselves.

    5. Re:You are guilty of illegal file sharing! by Anonymous Coward · · Score: 0

      Ah, but I'm free to completely ignore your hunch. I don't have to prove anything to you. If you want to get your royalties you'll have to go through legal process, which will most likely require... evidence!

    6. Re:You are guilty of illegal file sharing! by Anonymous Coward · · Score: 0

      way too much GTA(1, 2, or 3) !!!

  108. Just won't work... by evilviper · · Score: 2

    The firm is not 'snooping around' on your computer. Rather, they are accessing public information. As for using your bandiwdth, I've never seen a case where using bandwidth was illegial, except in DDoS attacks, where intent to deny services was evident.

    Your analogy to SPAM is quite a good one. We may all think of it as something sneaky and underhanded, it is still not illegal.

    Let this be a lesson to all those who just a short time ago were saying that the internet is just like trains... It shouldn't have laws specifically to govern it. What laws cover this?

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Just won't work... by fmaxwell · · Score: 2

      The firm is not 'snooping around' on your computer. Rather, they are accessing public information.

      Incorrect. If I prohibit them them from accessing it, then it is not "public." I have the right to set the terms for the access of my computer and the data on it. If I choose to share data with a certain group, it does not mean that anyone who masquerades as part of that group has a legal right to the data.

      As for using your bandiwdth, I've never seen a case where using bandwidth was illegial, except in DDoS attacks, where intent to deny services was evident.

      Then read up on "trespass to chattels" as it applies to computers. You will find that several ISPs, including AOL, have filed suit under that legal concept and have won. In each case, it was a spammer accessing what you would call a "public" mail server after having been explicitly denied permission to do so.

    2. Re:Just won't work... by Fjord · · Score: 2

      Regardless, I don't think AOL has ever done some like put up a website and then send a letter to someone saying "don't access this public website that is open to everyone (including you), for if you do we will prosecute you". When you join a P2P network, you are participating in an open network. Sending a letter to someone saying "don't connect to my Gnuttella server" isn't likely to be more legally binding than sending someone a letter saying "if you see me on the street, don't come up to me" (in second case the legally binding way is to get a restraining order).

      --
      -no broken link
    3. Re:Just won't work... by fmaxwell · · Score: 2

      Regardless, I don't think AOL has ever done some like put up a website and then send a letter to someone saying "don't access this public website that is open to everyone (including you), for if you do we will prosecute you".

      No, AOL put up an e-mail server and sent a letter saying 'don't access this public e-mail server that is open (in the sense of not being password-protected) to everyone (including you), for if you do we will prosecute you'.

      When you join a P2P network, you are participating in an open network.

      And how is that different than putting up an e-mail server?

      When you join a P2P network, you are agreeing to share files with other members of that network, not to open up your computer to warrantless searches by self-appointed net police.

      To use an analogy, a store may open its doors to the public, but that does not mean that they give up their right to exclude people or limit the activities in their store. If a store asks you to stay off of their property, your returning is legally considered trespassing. That's why you don't find Hare Krishnas, Jehovah's Witnesses, and Mormons handing out leaflets in every store.

  109. If only we could... by Anonymous Coward · · Score: 0

    Restrict them to just one address, 127.0.0.1!

  110. DMCA Counter-notice HOWTO by Anonymous Coward · · Score: 2, Informative

    Prof. Dave Touretzky at Carnegie-Mellon (yes, the same one with the gallery of CSS descrambler implementations) has a nice information page for how to provide counter-notification if you get one of these form letters and you believe the copyright infringement accusation contained in it is wrong.

  111. 8 months and counting! by Lieutenant_Dan · · Score: 0

    8 months without buying or renting a video or DVD!

    Times of weakness: went to see Attack of the Clones and Spiderman. Rented "Siberia" from the alternative video store (Dutch movie). I have been borrowing movies from my friends when I have the need to watch something.

    RIAA, bought the Blade sountrack (Cypress Hill vs Roni Size track) and may buy the new Hives CD.

    Screw you MPAA!

    --
    Wearing pants should always be optional.
    1. Re:8 months and counting! by Anonymous Coward · · Score: 0

      I have never bought a CD. When they stopped making LPs, I saw everyone replacing their entire record collection with CDs. I knew then that was an outrageous attempt by the record companies to leech more money of the public. That's when I stopped buying music. I listen to mixed rips of my LPs on cassette when I hit the road. Otherwise, my LPs still rule.

      I am practically tone deaf, but a friend of mine has "golden ears". He tunes Steinway Pianos for the bigshots before their concerts. He can't stand CDs,still has LPs, and LP players all over his house. He tried to show me the difference in sound quality that an LP has over a CD. I couldn't see a difference before, but when he played it on his really high end equipment, the difference was noticeable.

      btw, last movie I saw in a movie theater was Weird Science. Sony & Disney are not getting any money off me anymore.

    2. Re:8 months and counting! by Lieutenant_Dan · · Score: 0

      I totally see your point. I refused to do the same with my VHS collection. I do like having the enhanced audio/video of a DVD but don't feel like buying the DVD version of "The Professional", "X-Files", and "Strange Days".

      Cheers.

      --
      Wearing pants should always be optional.
  112. I'm still throwing a party when Jack Valenti dies by Anonymous Coward · · Score: 0

    so :P

  113. This has been going on from a while by Verizon+Guy · · Score: 1

    My friend used to share movies on IRC... about a year/year and a half or so ago, he received an email from @Home that said something around the words of "We have received complaints from the MPAA that you are engaging in copyright infringement, blah, blah, terminate all sharing within 24 hours or else we'll cut off your service and your nuts while we're at it..."

    Nothing really came of it; he still has his service. Scare tactics, IMHO. But he did get that IP address banned from the IRC channel! :)

    --

    Aw, fuck it. Let's go bowling. - The Big Lebowski

  114. Mailings. by Anonymous Coward · · Score: 0

    Here's a simple rule of thumb:

    Its only somewhat serious if you get a registered letter.

    Otherwise, it's a joke.

  115. blah by Anonymous Coward · · Score: 0

    too bad the gnutella protocol cant be made anonymous.. :P

  116. Phew! by vena · · Score: 2, Funny

    it's a god damn good thing i'm a leech and never share anything!

  117. Re:[OT] Invasion of Privacy by SecretMethod70 · · Score: 1

    Where are you moving to? I think I'd like to move there as well once I finish school if they have laws that actually make sense and don't decide to ignore them if big business wants to do something else.

  118. Ok, let's be realistic by BelDion · · Score: 2

    I'll forgo the whole right/wrong diatribe and get right to the point: they'll never stop the piracy.

    We'll tunnel, encrypt, do whatever it takes to do what we do. They may break down the current systems eventually (Kazaa etc) and sure that'll take out a lot of the userbase, but pirates have been around lots long. We can fall back to the days of irc & ftp. Back to trusted users and trusted connections. ISPs crack down even more? It's BBS time. It'll go on and on.

    The only thing they'll ever accomplish if they keep pushing the way they are is to annoy and irritate their customer base. And although I'm no MBA, but I'm fairly certain that's bad for business..

    --

    I am BelDion's .Sig; Who the hell is Jack?
  119. Could easily be automated by Knightmare · · Score: 1

    Actually... I think it could be much more automated than you are giving them credit for. All you would have to do is setup a computer that connects to the sharing networks and when a user is flagged for stealing a movie, record the external IP. Then do a quick lookup on http://www.arin.net/ and get the email address of the administrator for the ip in question, then send out a templated form letter. With a unique return e-mail address per sent threat. And a database driven system that logs all replys which can be reviewed at a later time.

    Hello,
    $contact_name we have logged theft of $movie_name from $ip on $date at $time, please smack them on the wrists or we will get really angry!
    Thanks,
    MPAA

  120. Jefferson on the "theft" of Ideas by Spock+the+Baptist · · Score: 1

    Theft is it?
    Consider the following from Thomas Jefferson's Letter to Isaac McPherson dated: 13 Aug. 1813

    "If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea, which an individual may exclusively possess as long as he keeps it to himself; but the moment it is divulged, it forces itself into the possession of every one, and the receiver cannot dispossess himself of it. Its peculiar character, too, is that no one possesses the less, because every other possesses the whole of it. He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature, when she made them, like fire, expansible over all space, without lessening their density in any point, and like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation. Inventions then cannot, in nature, be a subject of property. Society may give an exclusive right to the profits arising from them, as an encouragement to men to pursue ideas which may produce utility, but this may or may not be done, according to the will and convenience of the society, without claim or complaint from anybody. Accordingly, it is a fact, as far as I am informed, that England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices."--Thomas Jefferson

    --
    "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
  121. Comming Soon to a File shareing program near you! by Anonymous Coward · · Score: 0

    MPAA Minority Report. The Tale of one movie buff working at the Pre-Download unit of the MPAA. Where they use Precognition to determine if you will ever download a pirated movie! See Tom Cruise in his best role yet! He plays the Elite Hacker who finds a massive flaw in the system... the Flaw.... too many False positives. Innocent people are being arrested and having their Netconnection shut down for legal movie files from atom films. When the Pre-Cogs go after him he fights back! Comming to a File Swappign Service near you!

  122. LOL by cyberbob2010 · · Score: 0

    I'm just about the crappiest coder ever but u guys need to teach the bastards a lesson and modify their code to send back a worm or virus instead of IPs. that'll teach the greedy assholes

    --
    We seldom regret saying too little but often regret saying too much.
  123. Common Carrier-Internet is: but not percieved by aaron_pet · · Score: 1

    The ISP's just relay our trafic.

    We need to make sure that the ISP's are not liable for what the users do. They should be treated like Telcos.. And everything that goes over it as free speach. Yes, even if it is nuclear bomb plans or terrorist orders, Or the latest Briteny Spears fakes. Because, what we do routinely can be viewed as just as serious and negative by others.

    The government should not be allowed to read our email in secret. If they want to read our email... it needs to be fully public.

    Privacy is there to protect freedom... Full Disclosure and openness also protect freedom.

    Some manipulated composures of secrecy and openness can destroy our freedom. It can allow a group of people to use overwhelming force on a person or group to squash their idea. To divide and conquer.

    I'm passionate about releasing my information to encourage others to release thiers, so that we can withstand the terrorist tactics of people who have poor products(fruit) and feel that they must protect their system instead of adapt.

    -GRrrrRRrrr

    --
    Please use [ informative / summarizing ] SUBJECT LINES
    Flame me here
  124. Is this really such a bad thing? by MrPerfekt · · Score: 1

    This is great. I mean face it after everyone on p2p networks stop sharing "copyrighted content", piracy will go away!

    Oh the world will be so sweet when we have to pay $15 to say an album sucks and have to wait a year for a rerun of a program because we missed it on TV the first run. Sweet indeed.

    --
    I just wasted your mod points! HA!
  125. Downloaders threatened too by ibn4n · · Score: 1

    What you say is partially correct, but I wonder if you are misled by a little tidbit not mentioned in the original post... The MPAA is not only going after the ISP's of the posters of copyrighted movies, but they are also going after the ISP's of downloaders of copyrighted material. This happened to my roommate recently. Now I'm not my roommate's keeper so I didn't check to see if the folder he downloaded the file into was saved in a shared folder; however the nasty-gram we received specifically mentioned *downloading* the file, not hosting it.

  126. soulution by 1lus10n · · Score: 0

    get LimeWire , get openBSD , set up a real firewall on an openBSD box , install LimeWire on workstation behind said firewall assign yourself ip in the range of 10.x.x.x or 192.168.x.x and wa-la they now have to try and trace a non-routable local IP. especially if things with p2p stay the way they are -ip based that is. you actually see ALOT of people with 192.168 boxes on limwire, and since road runner (time warner) uses hubs on there network instead of routers or switches the will be looking into your "general" area. otherwise in legal speak , PROVE IT WAS ME !

    --
    "Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe." --Albert Einstein
  127. Offtopic by dytin · · Score: 1

    I really like you sig, but I think that it would read better if it said "Liberty over life, fear of big brother over fear of terror." instead of what it currently is.

    1. Re:Offtopic by SirNonya · · Score: 1

      Thanks! I'll blame that typo on my text-only web browser (ELinks). I like your sig, too.

  128. Finally! by batquux · · Score: 2, Funny

    Now we can have all sorts of fun with the MPAA. Since my gnutella client is open source, I can modify it to pick up on the MPAA's snooping, and send a note to all the other guys out there to start pinging that IP address. But why stop there? Send it dummy information or write a program that sits around on the gnutella network pretending to have copyrighted stuff (speaking of false positives). The possibilities are endless...

    --batquux--

    1. Re:Finally! by Spazzz · · Score: 1

      How's this for an idea? If you have the space, create a bunch of MPEG and AVI files of various sizes between 300-700 MB of zeroes, give them names like "Office Space [DivX].avi" and the like. Or, if you wanted to be really creative, find the most obtuse bestiality porn you can find, and rename it to look like a box office hit. If enough people do that, then maybe they'll give up.

  129. Seal your own coffin. by Anonymous Coward · · Score: 0

    Everyone whines about DRM this and Palladium that.

    So what happens? When the MPAA does something that wouldn't bastardize hardware, we have self-styled 'freedom fighters' who are going to work on ways to defeat the MPAA's methods.

    Ya know what they're gonna do then, Bob? They're going to push for DRM, because all else has failed.

    Yeah. What they're doing now probably borders on illegality. Maybe we should help them out, and figure out a system that will work while saving the rights of users? (Copyright infringement != theft, no, but it isn't a right, either.)

    Ah, fuck it. I'll laugh when all the little whiners are cut off and your hardware is holding your hand, telling you what you can and can't do.

    But first, I'll troll a bit: I need to go preorder Fellowship.

  130. Public Network by jbolden · · Score: 2, Informative

    The MPAA wouldn't have the right to tap your phone. However by using a public forum like Gnutella you waive any privacy you might have. For a similar example: mail is private, mail sent to a newspaper letters column is public.

  131. Re:NZ Is The Place To Go by JLucien · · Score: 1

    I'm preparing for New Zealand myself - better weather without the language barrier.

    Plus it's a nuclear-free country and far enough away so that when the poop really hits the fan you have a chance to survive...

    Jude

    --
    Audere est Facere
  132. The legal issue is "Expectation of Privacy" by TheConfusedOne · · Score: 2

    There is a legal concept called "expectation of privacy" that comes into play in this. This means that there are certain actions that you can undertake that do not receive protection under privacy clauses.

    The difference is highlighted thus:
    1) Shouting out plans about an illegal operation in the middle of a park. (If a cop overhears then it's admissable.)

    2) Using an encrypted cell phone to discuss said plans. (If a cop uses a descrambler and listens in without a wiretap permit then it's inadmissable.)

    So, having your computer sit there and "shout" on the Internet "here are a bunch of files for downloading" puts you into the category of not expecting privacy.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.