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RIAA Seeks Summary Judgement Against P2P Services

kanad writes: "RIAA seeks summary judgement against Musiccity , Kazaa and Grokster. In other words they want the above to be banned even before the trial. RIAA accuses them as Napster clones. Read the official statement here BTW does anybody knows of 'Leonard Kleinrock' described as "one of the original founders of the Internet" in the article and an expert witness ?" I wonder whether the mimeograph machine would survive if it was invented today.

191 of 585 comments (clear)

  1. Kleinrock by Amazing+Quantum+Man · · Score: 5, Informative

    Leonard Kleinrock.

    Unfortunately the RIAA page is /.'ed. Great way to use that Berman-Coble DOS self-help!

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    1. Re:Kleinrock by Anonymous Coward · · Score: 3, Funny
      Quote from his UCLA bio:
      He first became interested in electronics while reading a comic book at the age of six. The centerfold described how to build a crystal radio. He managed to collect the parts, make it work, and was amazed to hear music from this simple device;
      So the witness admits he listened to the music without paying for it!
    2. Re:Kleinrock by Guiri · · Score: 2, Funny

      Unfortunately the RIAA page is /.'ed. Great way to use that Berman-Coble DOS self-help!

      I opened 10 tabs of the page in Mozilla just in case.

    3. Re:Kleinrock by HughsOnFirst · · Score: 3, Insightful
      What happened to the "I'm feeling lucky" button on Google ?
      ...anyway

      At age 6 he was stealing hardware

      "In addition, he needed an earphone which he promptly appropriated
      from a public telephone booth."


      to listen to free music

      ""free" music came through the earphones - no batteries, no power,
      all free! An engineer was born. "


      Nice story if you haven't seen it before, a little overblown though
    4. Re:Kleinrock by weave · · Score: 2
      Sure you can. Loopback baby. You can ping yourself, telnet to yourself, ftp to yourself, and ... if it's a windows box, smbdie yourself.

      I expect next you'll be claiming that sex requires two or more people...

    5. Re:Kleinrock by guttentag · · Score: 3, Funny

      The ability to ping yourself does not prove you're on the Internet. That's just incestuous narcissism.

    6. Re:Kleinrock by theukrainian · · Score: 2, Informative

      there is an ongoing debate on who "invented" packet switching; who invented internet; etc. however, discounting Dr. Kleinrock would be foolish. ever heard of queueing theory? I think the argument against his contribution goes something like "well, he did all his work for a single node, so its irrelevant". However, as I understand it, there are plenty of evidence that this is not entirely true. Furthermore, his contributions to internet through the great body of work in the queueing theory are hard to ignore.

      The "first node of the Internet?" You can't have an Internet with only one node.

      Now, this statement of yours makes so little sense, its not even funny. Go read up on some history of what really happened (just the facts)
      and you'll see exactly where this comes from.
      (would you trust vint cerf saying the same thing.. which he did...?)

      This is a problem with posts like this: people try to make smart-ass remarks, and give others wrong perceptions.

    7. Re:Kleinrock by Sj0 · · Score: 2

      such harsh words for a simple diagnostic...

      What do you think about cable testers?

      --
      It's been a long time.
    8. Re:Kleinrock by weave · · Score: 3, Funny
      Ticket: Kleinrock

      Problem Description: User claims that havening a self-pinging machine amounts to incestuous narcissism

      Status: CLOSED. Works for me.

    9. Re:Kleinrock by cicatrix1 · · Score: 2

      What did the second node of the Internet connect to, then?

      --

      I know more than you drink.
    10. Re:Kleinrock by guttentag · · Score: 2
      One node: just a computer.
      Two nodes: a network.

      It wasn't part of "the Internet" until there were at least two nodes. Who's to say whether his computer or the other guy's was the first node? You can't claim that one was the first node and the other was second, because they both became nodes at the same time.

      If he had said "my computer was one of the first two nodes on the Internet," I'd have no problem with the statement. But he's so busy blustering about his accomplishment that he makes this impossible claim to market himself.

    11. Re:Kleinrock by GMFTatsujin · · Score: 2
      The centerfold described how to build a crystal radio.


      Just goes to show you how kids' opinions swing from radios to nookie in ten years. That centerfold had something for everyone!

      GMFTatsujin

    12. Re:Kleinrock by HughsOnFirst · · Score: 2

      Hmm.. I forgot it's only on the homepage, not on the page I use http://www.google.com/search

    13. Re:Kleinrock by Catbeller · · Score: 2

      Al Gore never claimed to invent the internet. Republican urban myth, assiduously propogated.

    14. Re:Kleinrock by Sj0 · · Score: 2

      still pretty harsh -- did you consider that infastructure could be in place for an "internet" long before a single node is operational?

      True, 127.0.0.1 only proves that half your IP stack is functioning, but it was still overly harsh.

      --
      It's been a long time.
  2. it's typical today by Clay+Mitchell · · Score: 3, Insightful

    sue if you're not happy with something, and everybody's guilty until proven innocent. well, nobody's innocent anymore, are they?

    it is rather unfortunate that the RIAA's product is less talented than it's lawyers :|

    1. Re:it's typical today by Quasar1999 · · Score: 4, Interesting

      it is rather unfortunate that the RIAA's product is less talented than it's lawyers :|

      It is unfortunate, but a quality product is not what makes money in this day and age, it's having lawyers that can twist the crap out of your product to make it look good, and make everything else look evil (aka Microsoft), and marketing crap well (again, Microsoft)... All the RIAA needs to learn to do is market their crap WELL, and we're all doomed!

      --

      ---
      Programming is like sex... Make one mistake and support it the rest of your life.
    2. Re:it's typical today by kin_korn_karn · · Score: 2

      and it's your product having nice tits. MTV ruined music because they could add visual sex to the selling of it.

    3. Re:it's typical today by Angry+White+Guy · · Score: 2

      I don't think that the RIAA is bleeding money at this point. Usually when a company does this, they either have a signifigant chance of losing the trial (a prior judgement in their favour would look really good for the actual court case) or they are planning something else and using this as a smokescreen.

      --
      You think that I'm crazy, you should see this guy!
  3. blah! by Quasar1999 · · Score: 3, Insightful

    I don't know what it does, so I'll claim it's a napster clone...

    It can be used to cut into our profits, stop it...

    With this logic, PC's should be banned, as they can copy music, MSN and AOL should be shut down, since they provide access to the internet, which has illegal copies of music, and hell, XM radio should be shutdown as well, since it is hackable and can have music ripped off of it...

    BLAH! Put the RIAA out of their missery, and MINE!

    --

    ---
    Programming is like sex... Make one mistake and support it the rest of your life.
    1. Re:blah! by x136 · · Score: 2
      With this logic, PC's should be banned,

      Don't worry, they're working on that, too.
      --
      SIGFEH
    2. Re:blah! by Lonath · · Score: 5, Insightful

      With this logic, PC's should be banned,

      *DING* You win the prize. You now understand why you need to never give them any more money ever again. They DO want to take away computers and they won't stop with any halfway methods (because those methods will always be beaten) and they will work their way toward a world where there are no computers (Except for *_approved_* *_trusted_* minions of the copyright industry. To do your part, stop giving them any resources they can use to destroy freedom. That means no more money for the copyright industry forever.

    3. Re:blah! by garcia · · Score: 2

      The MPAA and the RIAA want everyone to have a video *player* and a CD *player*. They want you to have a computer w/an Internet connection and an MP3 *player*. They want to charge for per/use fees on the Net and they want to rake you for your CD purchases.

      I think we should get the TV ads that have been running recently about having Church in the basement of houses, having a person pulled over for newspapers.

      I think everyone is beginning to catch on. Someday they all will and we won't have to listen to the bullshit anymore.

    4. Re:blah! by Angst+Badger · · Score: 4, Insightful

      I used to take a more moderate position on copyright, but the entertainment industry has changed my mind. I look at it this way:

      Option #1: Retain copyright. Result: vital political liberties are demolished to control the flow of information for the benefit a few massive corporations. 99% of artists work day jobs.

      Option #2: Abolish copyright. Result: political liberties survive and massive corporations continue to be massive corporations. 99% of artists work day jobs.

      The common themes are rich corporate pigs and starving artists, and the only variable is political liberty. Seems like a no-brainer to me.

      --
      Proud member of the Weirdo-American community.
    5. Re:blah! by Billly+Gates · · Score: 2

      Hate to say it but its already too late. Palladium is coming and IBM's TCPA is already here. These computers will function fine except they can not run linux due to legal rather then technical reasons at the moment. I wonder if some legal or technical workaround could be possible like a special card could be installed that could act similiarly as the mod chip for the xbox. Just do not run Media Player 9 under any circumstance. I like my rights and will continue to use winamp or even quicktime if aol-timewarner jumps on board the non fair use bandwagon. If apple ever finally dumps Motorolla in favor of IBM's powerpc chips then I will likely run linux/macosx on that platform which may or may not remain drm free. But at least if no legal remedy could be found I could run MacOSX if drm is ever implemented as a standard.

      The RIAA had closed door talks with Microsoft, Intel, and AMD and it turns out they caved in. They have invested billions of dollars already in fair use denial technologies. It will be a cold day in hell if they ever changed their minds due to their heavy investment in it. It looks like the Hollings bill even though it failed, had the same effect as passing. Under the DMCA its already illegal to disable or tamper with the copyright protection devices and they will be standard like it or not in %98 of all pc's!

    6. Re:blah! by macdaddy357 · · Score: 2
      --
      How ya like dat?
    7. Re:blah! by flossie · · Score: 2

      I'm still desperately waiting for the general strike of entertainment providers. Just a week or so of no pre-digested teeny bands ... ah, bliss!

  4. Alice in RIAA-land by Amazing+Quantum+Man · · Score: 2

    In other words they want the above to be banned even before the trial

    RIAA is slashdotted... but... from Alice...

    "Sentence First. Verdict After!"

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
    1. Re:Alice in RIAA-land by hburch · · Score: 2

      *donning asbestos body armor*
      The basic claim is: Look, Napster was found to be illegal, and we really do not see how this is different. We are losing money from the continued operation and we are obviously going to win, could you please shut them down now?

      How do they functionally differ from Napster? Given the Napster precedent, what arguement is there to make that THIS ruling should and will be different? A summary judgement (from my understanding, please correct if I am wrong) is generally granted for the prosecution when a) you can demonstrate or argue that the continued operation of the defendent is having a (significant?) negative affect on your business and b) you can demonstrate that you have a high likelihood of winning the case. RIAA argued both in the Napster case, so why would the SJ not be awarded? You may disagree with the Napster ruling, but a judge made the ruling according to the evidence and laws as he or she understood them, which is strong evidence from the court's PoV.

      RIAA is a abusive monopoly, working hard to cripple the computer and software industries. (IMO, although this is only a side-effect of their efforts, not their goal). However, Napster, et al were built for illegally distributing copyright files. Sure, they would not have to be used that way, but it is the vast majority of the traffic (okay, the vast majority of file transfers) and that is what makes them popular. Given this, I do not see how it should not be shut down, even if shutting it down assists an organization as repulsive as the RIAA. If you do not like the RIAA, take action directly: talk to your representatives (either to oppose pro-RIAA legislation or to propose or support pro-competition legislation), fund their opposition (both alternative music sources (crippled by the RIAA stranglehold) and those fighting their actions (please try to focus on the less hopeless actions)), and refuse to do business with them.

  5. History... by toupsie · · Score: 2, Interesting
    I wonder whether the mimeograph machine would survive if it was invented today.

    I wonder if the mass distribution of music for a profit would survive if Napster, Kazaa and Grokster would have been around during the 1920s.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
    1. Re:History... by BigASS · · Score: 2, Interesting

      I think mass distribution of music for profit would be around today.. it's just a question of which party would be making the profit.

      --
      - Don't anthropomorphize computers, they don't like it.
    2. Re:History... by SirSlud · · Score: 5, Funny

      Well, *obviously not*. I mean, major record labels didn't turn a profit while Napster, Kazaa, Gnutella, Aimster, FTP, HTTP, TCP/IP, The Internet exi - oh wait, yes they did.

      Does that answer your question?

      --
      "Old man yells at systemd"
    3. Re:History... by toupsie · · Score: 2
      Well, *obviously not*. I mean, major record labels didn't turn a profit while Napster, Kazaa, Gnutella, Aimster, FTP, HTTP, TCP/IP, The Internet exi - oh wait, yes they did.

      But these companies were already in business before these technologies came into effect. The record industry had decades on time to build up before the onslaught of "p2p traders". What if the technology and the record companies grew up simultaneously instead of decades apart? Would the record companies be able to sell into a meat-space distribution network?

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    4. Re:History... by User+956 · · Score: 5, Insightful
      Would the mimeograph machine have survived...?

      History is an great thing to bring up, actually, because this pre-emptory banning of P2P services is ridiculous. When Thomas Jefferson put the idea of intellectual property into the Constitution of the United States, he did so because he realized that information leaks; once people learn something, they can reuse that knowledge. Jefferson believed that if there was no protection to intellectual property, people would not be encouraged to share knowledge with others. Writers would not write, inventors would not invent, artists would not . So in the US Constitution, it says:
      Congress shall have the power [...] 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;
      The reason why this is important is spelled out in Jefferson's own writings:
      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 everyone, and the receiver cannot dispossess himself of it...He who receives an idea from me, receives instructions himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should be 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 ... Inventions then cannot, in nature, be a subject of property.
      His assumptions are based on the fact that you can not control what people do with information that you give to them. If you hand someone a book, they can transcribe it. If you give someone a physical invention, they can disassemble it. But if you give them a new form of media, say, a song on a copy-protected CD, and they can no longer listen to it except on approved devices that they cannot copy from, why should the government provide the same protection to you? The record companies and movie studios want to have their cake and eat it too. They want traditional copyright protection, technological copyright protection, and a government guarantee of technological copyright protection. They want to deprive all those bearded Linux hippies their DeCSS, so they can't watch bootleg Buffy the Vanpire Slayer DVDs in their parents' basement. But if they have technological protection, then why should the government give them traditional protection? It was only there because information was hard to protect as property.

      How far are we going to let the copyrighters go? We need to remind people that copyright, like most laws in the US, is a balance between two forces, and the scale should not be tipped too far to one side.
      --
      The theory of relativity doesn't work right in Arkansas.
    5. Re:History... by Zathrus · · Score: 2

      Perhaps it would have, perhaps it wouldn't have, but it certainly wouldn't exist in it's current incarnation. The middle men would never have gotten so much power, money, and influence.

      The world is changing, and it's eliminating a lot of the need for the studios. Just because they don't like it doesn't mean they get to legislate reality to fit them.

      Insert obligatory Heinlein quote here.

    6. Re:History... by SirSlud · · Score: 4, Insightful

      > Would the record companies be able to sell into a meat-space distribution network?

      No, but correct me if I'm wrong in stating thats the whole point of the market. There would not have been a need for them. Mind you, there may have been a need to regulate or mandate these distribution networks such that artists had to get paid, but the way the RIAA conducts business (shelfspace, adspace, and no space left over for anybody else) .. there would not be a need for their business model.

      But thats okay, see? I can't link the intrinsic need for the Big Label business model to the existance and development of music ... maybe the artists would have fought the Napsters such that they could pay proper royalties and such, but the whole point is there is no intrinsic need for the RIAA/Big label style business model for artists to earn a profit. Thats all. There isn't. Its no use wondering if the RIAA wouldn't have existed had they come in at the same time as Napster, because in that case, we'd give RIAA none of our business (I have to go to the store to buy the CD? But these other guys, I can do it from home! And make my own mix CDs! And they take less of a cut off the profits! And I dont have to buy 15 songs all at once!) and Napster all of our business. And then youd simply have the artists ensure that they were getting paid for making music. They wouldn't kill off the most innovative, competative, exciting and practically unlimited shelf-space model of p2p networks, they'd just make sure that they were in the loop.

      We're so used to the RIAA approach that we think its required for artists to earn a living. So who cares if the RIAA's members could have survived with their approach had Napster been around at their birth? Its not like the RIAA are royalty-giving saints and p2p networks are all socialist devils. P2P networks can't pay the artists for copyrights mostly because the labels own the copyrights and dont want the p2p networks to be able to pay so that they can own all the parts of the music industry. (IE, they want to own the entire vertical market, and use the limited shelf and ad space available to artificially control who gets to profit off the music industry.)

      Sorry for all the italics and bold. The only way to progress is to rip down what already exists, if you get my drift. Humans find a system that works, in the end. Any one group that becomes very powerful, such as the RIAA, simply injects unnatural market forces and distorts the perception of 'need' in a market. Its not that p2p networks dont want to be able to support royalty payments, its that the RIAA doesn't want anybody else to participate in the very market it was created to own.

      The worst part is, the RIAA represents a group of labels that supposedly reps the entire music industry and yet represents itself like one company that needs to maximize all potential sources of profit. If that isn't cartel, I'm not sure what is.

      --
      "Old man yells at systemd"
    7. Re:History... by toupsie · · Score: 2
      No, but correct me if I'm wrong in stating thats the whole point of the market. There would not have been a need for them. Mind you, there may have been a need to regulate or mandate these distribution networks such that artists had to get paid, but the way the RIAA conducts business (shelfspace, adspace, and no space left over for anybody else) .. there would not be a need for their business model.

      Interesting read, your post (Yoda speak). Lets say meat-space was nuked as a distribution method. How can music artists make money with p2p? Its not like Kazaa or Napster required you to swipe a credit card before the download started. None of the current p2p trading models seem to benefit the artist directly -- at least the record label kicks a couple of pennies their way. I know artist are supposively getting ripped off by the labels but it doesn't seem to stop them from seeking a label instead of starting their own Internet Music Publishing Empire.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    8. Re:History... by SirSlud · · Score: 5, Insightful

      Great post. Clearly you are in tune with the mechanics of this situation.

      I always found it funny that, armed with the DMCA, you can pretty much 'invent' your own copyright terms, since circumventing protections that violate the law of copyright (notably that the work must return into the public domain after some-odd yeats) is itself against the law.

      Basically, we've arrived in a situation where the copyright holders can write their own blank cheques of ownership, which was one of the reasons copyright law was enacted in the first place (yes, to mandate ownership and royalties to the author, but also to break the monopoly that the Royal Family-approved publishing houses had on the social culture at the time.)

      --
      "Old man yells at systemd"
    9. Re:History... by SirSlud · · Score: 2

      Yeah, but who says:

      a) The P2P networks wouldn't require you to swipe a card, if they could only gain access to the copyrights people were actually interested in.

      b) The RIAA's members would pay artists if we didn't make sure they did?

      My point was that the RIAA is trying to make it look like P2P networks would never pay artists, even if forced. But really, the RIAA owns all the content the P2P networks want access to, but wont let them have it, because they want to own that market.

      The RIAA's fate will ultimately reflect their stubborness. Since they won't play nice with others, at some point they won't be allowed to play at all.

      In the meantime, we live in a world where P2P networks could pay artsits, if the copyright owners (the labels) would just freaking co-operate .. but seeing as that would kill a huge part of the Big Label market, they won't do that.

      So we, as people, should support P2P in the short term, until the RIAA becomes weak enough to have to conceed to plugging in their copyrights to the P2P networks so the artsits could get paid.

      And as you said, artists dont make that much from the CD sales anyhow, so the pain incurred on artists during the transition from RIAA-model to P2P model is very much a fabrication of the RIAA. If anything, increased distribution of artsits that would result from P2P would probably lead to higher concert sales, which is where most mainstream musicians make their money.

      Add on top of this that clearly P2P networks havn't killed off CD sales, only affected them by around 5%, and I have a hard time figuring out what everybody is so scared about.

      It simply seems awfully clear to me that the RIAA's model is to use the real estate it owns to force people into feeding other arms of their business (distribution, promotion, marketing, etc). Anybody who isn't allowed by the RIAA to enter a market they should be allowed to enter into climbs the fence to do so. Then the RIAA cries "Foul .. kick them out!"

      Unfortunately, since people are bred to give credit to those who have lots of money and are very big and successful (nevermind how they became successful, people usually dont take this into account), they have a very hard time understanding how something so wildly rich and big could be doing thing in the wrong manner. Time will vett all our opinions, but its frusterating, because by the time public opinion shifts, nobody is willing to admit or can't remember how they felt before. :)

      --
      "Old man yells at systemd"
    10. Re:History... by toupsie · · Score: 2
      "... maybe the artists would have fought the Napsters such that they could pay proper royalties and such,"

      So the artists would have to fight the p2p folks instead of the RIAA to get paid? How are they going to fight if they have no revenue to pay the lawyers? RIAA or P2P, it sounds like the artist is still getting screwed--just different orifice.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    11. Re:History... by toupsie · · Score: 2
      My point was that the RIAA is trying to make it look like P2P networks would never pay artists, even if forced. But really, the RIAA owns all the content the P2P networks want access to, but wont let them have it, because they want to own that market.

      Why are artists passing over their valuable copyright to the RIAA if it has no real benefit to them? At some point, creating music has to cost something and thus, in most cases, someone is wanting to get paid for it. It would be my hope that the artist gets the most out their music...not the RIAA or someone other distribution channel.

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    12. Re:History... by MoneyT · · Score: 2

      See the following links:

      http://www.janisian.com/article-internet_debacle .h tml

      http://www.janisian.com/article-fallout.html

      http://www.fastcompany.com/online/60/monopolist. ht ml

      --
      T Money
      World Domination with a plastic spoon since 1984
    13. Re:History... by MoneyT · · Score: 2

      At this point, artists, would have to go back the the early days of their recording career where they made money performing. Yes, an artist would actualy have to have talent to make money, imagine that. The artist could then use part of that money to produce their own CDs, and distribute them, earning a much larger cut than they get from the RIAA.

      But then the question is, why would people buy it? Because people like to have originals. CDs would become a collectable item instead of a mass produced product. Music collectors would buy CDs, average joe would just download and attend concerts.

      --
      T Money
      World Domination with a plastic spoon since 1984
    14. Re:History... by MoneyT · · Score: 2

      Most artists signed a contract long before P2P hit big, and they're still paying on that contract. Many other artists are going with keeping their own music. But until it becomes a massive movement, P2P artists will remain in a minority so long as the RIAA ones get pushed into the limelight. When was the last time you heard a radio play a non-published artist?

      --
      T Money
      World Domination with a plastic spoon since 1984
    15. Re:History... by MoneyT · · Score: 2

      Maybe not, but so what? Just because you have a company, YOU ARE NOT ENTITLED TO PROFITS (sorry). Nor are you entitled to continue making profits. You are simply entitled to try. The mucisians are entitled to try and sell their own CDs, instead they choose to let someone else do it for them. That's great, but it doesn't mean that the seller or the mucisian has to make a profit. Nor does it mean that just becasue there aren't any profits, music will just go away forever. Why do people start in the first place? It's certainly not because of the multi-million dollar paychecks they're getting in the garage. No, it's because it's fun, it's something they enjoy.

      --
      T Money
      World Domination with a plastic spoon since 1984
    16. Re:History... by drik00 · · Score: 2
      So the artists would have to fight the p2p folks instead of the RIAA to get paid?

      The thing to remember here is two-fold, though:

      1. the artists dont make jack off of record sales. They make money on royalties (if they wrote the song) from radio air-play, and much more, from performing. My mom cut a record back in the 80's, on the one song she wrote from her album, she made *i think* about $0.05 per sale of the album. The artists that perform make the most money off their work.

      2. a lot of artists *like* the free music initiative because they know that it will help them in the long run. as billy corgan from the smashing pumpkins said "Music wants to be free," he went on to talk about how inherently wrong it is to charge for intellectual property in the first place

      just my thoughts, yo.

      --
      Beer, now there's a temporary solution -- Homer Jay S.
    17. Re:History... by Rader · · Score: 2

      ....And as you said, artists dont make that much from the CD sales anyhow, so the pain incurred on artists during the transition from RIAA-model to P2P model is very much a fabrication of the RIAA

      That's a good point. 97% of the CD sales go to the Big-5, not to the artist. Thus, a dip in CD sales hardly affects the $1.09 the artist might have gotten.

      But then I thought about the perspective the RIAA would put on it: The less money the Big-5 make, then the less money they can pay the artists. You sure as hell know that the Big-5 will pass along the piss&moan down to their indentured servants. (artists, if you will). Sure, logically, this might not make sense to you and me, but with their bottom line being first, reality isn't much a concern to them.

      Anyway, great post. I think OF COURSE p2p would be great for artists if the current walls weren't in place!

      We just can't look at "giving away free songs" as a loss of revenue, but instead look at it as increase in very cheap Marketing AND Distribution. Considering that the Big-5 are always crying how much money they put into these 2 things (gouging the customers, and even making the artists pay for some of these costs) then I think the continued evolution of p2p could have been a great business model.

      People look at advertising as a mandatory cost. If you picture mp3 files on the internet as a form of advertisement... as long as it lured the customer to other services (merchandise, concerts, videos, etc)

    18. Re:History... by Salsaman · · Score: 2
      They want to deprive all those bearded Linux hippies their DeCSS, so they can't watch bootleg Buffy the Vanpire Slayer DVDs in their parents' basement.

      Why spoil an excellent post by propogating a tired, offensive stereotype ? You should have a little more respect for those who demand the same freedom you do. I realise you were joking, but you rant on about the RIAA taking away our rights, whilst at the same time poking fun at those who are actually doing something to try and preserve our rights, i.e by supporting Free software.

      Oh, and you spelt 'Vampire' wrong.

    19. Re:History... by Alsee · · Score: 2

      Writers would not write, inventors would not invent, artists would not .

      Ok, show of hands - who else mentally filled in "art" as the missing word?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  6. Leonard Kleinrock by Target+Drone · · Score: 3, Interesting

    Here's his home page where he does claim to have invented the Internet.

    1. Re:Leonard Kleinrock by sdjunky · · Score: 3, Interesting

      Having this guy testify as to the purpose of Kazaa, MusicCity and such is like having the wright brothers testify to the uses and legitimacy of the Stealth Bomber.

      it says on his site he "supposedly" made the first message, packet switching, internet node and such. Even if that WERE te case, so what? I mean. What can he say?

    2. Re:Leonard Kleinrock by Leonard+Kleinrock · · Score: 2, Informative

      I can say that it's mine, all mine. I am the king of the Internet, and you are my beautiful peasants! Or something like that.

      --
      If you steal music, the terrorists win
    3. Re:Leonard Kleinrock by joe_bruin · · Score: 4, Interesting

      the IMP (Interface Message Processor) is a big green refrigerator sized box, and can be found on in the engineering library in ucla's boelter hall. it was the first node of the packet switching network (the second being at stanford university, connected via a leased 56k line) now known as The Internet. and kleinrock set it up (and the packet switching theory behind it). more than anyone else (well, maybe vint cerf), he can be called the father of the internet.

      having said that, this has absolutely no relevance to this case.

    4. Re:Leonard Kleinrock by gnovos · · Score: 2

      Having this guy testify as to the purpose of Kazaa, MusicCity and such is like having the wright brothers testify to the uses and legitimacy of the Stealth Bomber.

      Not quite, becuase both of those devices are, in essence, planes. In this case it would be like having the guy who cut and stripped the lumber that eventually was used in teh first plane to testify on the legitimacy of the stealth bomber.

      --
      "Your superior intellect is no match for our puny weapons!"
  7. How does that have any effect? by rhadamanthus · · Score: 4, Interesting
    Ok, say that this worked, and the were "banned". Would ISPs have to shut down P2P users on their networks then since the companies cannot? If so, who picks up that expense? How do you stop P2P in other countries?

    Going further, what's to stop IRC and a number of FTP servers? I still host a ton of content on my FTP server, and it is NOT anonymous (yeah-yeah, insecure blahblah). Or, I could burn info to a CD and send it wherever to whomever, or even just email a MP3 if its small enough...

    ineffective at best, i say.

    ----rhad

    --
    Slashdot needs to interview Natalie Portman.
    1. Re:How does that have any effect? by billstr78 · · Score: 4, Informative

      If P2P networks is the method that 90% of the music traded (illegaly) uses, than shutting them down would effectivly wipe out sharing for non-motivated individuals. BTW, shutting down KaZaA and grokster would not be difficult, they would just sue the $hit out of them, like they did with napster.

      Of course, where there is a will there is a way, and many motivated individuals could find alternate means to distribute music and such. As they say on /., information wants to be free.

    2. Re:How does that have any effect? by rhadamanthus · · Score: 2
      The Kazaa network has no central servers like Napster did. They could sue the company into oblivian, but the P2P network would still be there...

      ----rhad

      --
      Slashdot needs to interview Natalie Portman.
    3. Re:How does that have any effect? by targo · · Score: 2

      shutting down KaZaA and grokster would not be difficult, they would just sue the $hit out of them, like they did with napster.

      Kazaa is not made by a US company, and I doubt anybody else in the world would take DMCA very seriously. So suing them would be difficult.

    4. Re:How does that have any effect? by Reziac · · Score: 2

      I think a more likely side-effect is that people will perforce become more educated about alternative sources and methods. After all the only thing that makes FTP more "difficult" is the process of searching for the desired content.

      I also think it's just a matter of time before FTP, IRC, and the like are also assaulted in the courts.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  8. Leonard Kleinrock by DonJefe68 · · Score: 2, Informative

    I believe he was one of the engineers at BBN that helped on the development of the Net through a grant from DARPA. If you want more data, try Nerds 2.0.1 or Where Wizards Stay Up Late, both available from your favorite bookseller.

  9. Leonard Kleinrock created packet switching by JM · · Score: 2, Redundant

    His home page:
    http://www.lk.cs.ucla.edu/

    1. Re:Leonard Kleinrock created packet switching by Leonard+Kleinrock · · Score: 2, Funny

      You have reproduced the URL of my homepage without paying for it. I am shocked! See? I am so shocked that my hair became all curly.

      --
      If you steal music, the terrorists win
  10. Ive said it before.. and ill say it again. by bludstone · · Score: 3, Insightful

    The RIAA has seen what the people want, and refuse to offer them that service. Because of this, people are going to take an alternate method of getting what they want.

    All of this litigation is, frankly, nonsense.

    If the goverment is for the people, (i know it really isnt) and the people want to be able to download mp3s. Then this should be reflected in the law of the land.

    Maybe we could vote on it? :)

    --

    no .sig
    1. Re:Ive said it before.. and ill say it again. by Anonymous+DWord · · Score: 2

      What the people want is free music. Why is it odd that the RIAA wouldn't want to offer them that service?

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    2. Re:Ive said it before.. and ill say it again. by schon · · Score: 5, Insightful

      What the people want is free music

      Uhh, no.

      What the people want is easy access to music, and the ability to sample.

    3. Re:Ive said it before.. and ill say it again. by Clay+Mitchell · · Score: 5, Insightful

      People want the SONGS they want, at a low price, delivered through a digital medium.

      What they DON'T want is inflated CD prices full of crap they don't want to listen to.

      The whole music industry is based on the idea that "we can get one catchy song, pay ClearChannel to play it over and over on their station, and all the suckers will buy the whole album" - That's why singles have all but disappeared as of late.

      That's why they are so pissed. They put up this big front of how morally objectionable trading songs over the net is, when the true motivation is that P2P apps let people get the one song off that craptastic album they actualyl want instead of going out and dropping $16 on a CD that they'll never listen to, aside from that one song.

    4. Re:Ive said it before.. and ill say it again. by JWW · · Score: 2

      It doesn't matter. With napster I downloaded music I liked and listened to it. I did not buy CD's.

      Without Napster I don't download new music (I know there's replacements, they're just too much hassle, and I haven't kept up). I also still don't buy CD's.

      Did the RIAA lose money from me? No

      How do they make money. Well, they could lower their prices. I'm not exactly being truthful about not buying CD's, in the past two years I did buy one Sting CD with some live songs on it ... for $2. At that price I couldn't pass it up.

      Lower the prices, I'll buy CD's. Artificially inflate them, I won't. Given the choice between a $16 CD and $16 DVD, I'll buy the DVD every time.

      I also have noticed that at least the MPAA (while still evil) will sell their product DVD's on sale, whereas the RIAA basically never lowers the price from the initial price (in fact some times it goes up for older CD's).

    5. Re:Ive said it before.. and ill say it again. by IceDiver · · Score: 2, Interesting

      The "People" have shown that they want content, without paying for it.

      I disagree. People want convenience and quality at a reasonable price. Downloading provides digital quality from a reasonably convenient source. If it was reasonably priced (around $0.25 per song or so) and more convenient (no failed searches and no partial downloads, no low-quality rips and no fake files etc.) I believe people would pay the price gladly. I know I would - especially to get good quality copies of obscure out of print stuff.

      the record companies are paying money to the artist

      Actually, they don't. As a percentage of the profits, the artist gets almost nothing. In addition, the artist doesn't even get to keep the rights to his own art. The artist is getting screwed.

      If you take that content, without paying the dough, you are a thief.

      While this is technically true, the evidence seems to show that music sales grew as more people downloaded from Napster, and shrank when Napster was shut down. There are a multitude of articles available from artists and others verifying that downloads actually benefit the artists. (e.g. by Janis Ian) So my position is that while technically illegal, downloading music is an activity that does no real harm and actually benefits the so-called "victims." It should therefore be legalised in some form, perhaps as described by me above.

      This is my .sig! Get your own!

    6. Re:Ive said it before.. and ill say it again. by Martin+Blank · · Score: 2

      The reason that singles died out was that the distributions were so expensive. I remember seeing some CD singles that were selling for $9, and the full CD sold for $15 (this was a few years ago). Why pay $9 when for $6 more you can get another 8-15 songs, some of which have a chance at being good?

      --
      You can never go home again... but I guess you can shop there.
    7. Re:Ive said it before.. and ill say it again. by Martin+Blank · · Score: 2

      That actually leads to an interesting point. There are a number of bands that are locally well-known that manage to make a decent amount of money *and* get a professional CD out without the help of the RIAA companies. I can't think of the name of the group (not my music choice, so it never sticks in my mind), but my brother is a roadie for one of them, and they manage to play to packed houses at the Whiskey and the House of Blues in Southern California, and they're occasionally invited to play in venues outside of California.

      I wish I knew their feelings on MP3 trading; it would be interesting to find out.

      --
      You can never go home again... but I guess you can shop there.
    8. Re:Ive said it before.. and ill say it again. by MoneyT · · Score: 2

      With the exception of, if I take the Ferrari from the other guy, he no longer has his Ferarri, and he most certainly did not offer it to me. With P2P, the consumers don't loose becasue a) they still have the music and b) They offered the music, no one held a gun to their head to get it out there. The only people who really loose from P2P are the record companies, because they can't get any profits because
      a) They don't write music to sell
      b) they don't perform music

      note however, with P2P, artists can still make money because they can fufill both a and b themselves.

      You can want something more than anyone has ever wanted something in the world. That doesn't make you entitled to it.

      The same applies to the RIAA. They can want profits, but that doesn't mean they are entitled to profits.

      --
      T Money
      World Domination with a plastic spoon since 1984
    9. Re:Ive said it before.. and ill say it again. by Rader · · Score: 2

      ....If the business model favors spending money on litigation over spending money developing something consumers want, then I'd expect a continuing series of legal actions...

      That's true, we keeping thinking that p2p/better contracts/ better choice/ more selection, etc could mean MILLIONS of dollars, and even MORE artists being moderately successful (financially). But the Big-5/RIAA want to continue making their BILLIONS of dollars. Our thoughts are meager...afterall, my biggest hurdle is paying off VISA. Wow, I must be a financial wizard.

      The Big-5 have kept their monopoly on all aspects of their business, and thus have easily continued ot make their money for decades. They'll continue to go that route, if possible. After all, if they can wipe out this pesky thing called computer, they can go back to raising their CD rates.

    10. Re:Ive said it before.. and ill say it again. by charon_on_acheron · · Score: 2

      Hell, I'd set my "Willing to Moderate" flag if I had a guarantee of getting a bot like that. As I posted above a few minutes ago, why even buy a CD from anyone who can only have one good song?

      How about a starting a list of groups that have entire CDs/tapes/albums of Good Songs. I'll start with:
      Led Zepellin
      AC/DC
      Fleetwood Mac
      Garth Brooks
      Babylon AD
      Guns & Roses
      Reba
      Iron Maiden
      Manowar
      Weird Al
      Huey Lewis

      Additions are welcome.

    11. Re:Ive said it before.. and ill say it again. by cpt+kangarooski · · Score: 2

      Okay, now prove it. Lots of legal theorists have been working hard to justify why we have property rights.

      The present answer (the one we've been using for roughly 150-200 years) is actually a lot more accomodating towards people's whims than you might imagine.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    12. Re:Ive said it before.. and ill say it again. by cpt+kangarooski · · Score: 2
      The "People" have shown that they want content, without paying for it.

      I disagree. People want convenience and quality at a reasonable price.


      I agree with both of you.

      What I really want is lots of content for free, and with no restrictions on what I can do with it. However, this is unlikely to happen.

      So I am willing to trade some of "free" for more of "content." But only if I think I'll be better off by doing so than I would be otherwise -- after all, history proves that it's possible to have all of "free" and at least some of "content."

      No matter how reasonable the price were, however, I'd be damned if I'd want to pay for something if I felt it was overall a bad deal for me. Instead I'd just change the system so that I could get it for free. (see for example that copyrights are required to expire at a time determined by the government, which has as its mission to promote the public good, regardless of the effect on the artists)
      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:Ive said it before.. and ill say it again. by MoneyT · · Score: 2

      How are they entitled to profits? If I start a business, there is no entitlement to me that all my hardwork will pay off ever. Period. Why do they get a guarentee?

      --
      T Money
      World Domination with a plastic spoon since 1984
    14. Re:Ive said it before.. and ill say it again. by MoneyT · · Score: 2

      Thing is, they aren't being "robbed". Someone had to buy the music to put it on P2P in the first place. The fact of the matter is, someone is paying some costs, and then redistributing the product at a lower cost. Guess that means the RIAA needs to come up with a new business model.

      --
      T Money
      World Domination with a plastic spoon since 1984
    15. Re:Ive said it before.. and ill say it again. by moebius_4d · · Score: 2

      Dimmu Borgir

    16. Re:Ive said it before.. and ill say it again. by Rader · · Score: 2

      If the Big-5 can go back to controlling everything (i.e., successfully sue any future P2p users, successfully push DRM worldwide, etc) then consumers will have no choice.

      Inversely, I think the answer to your question is the answer to: Can they continue to control all aspects of music? If Yes, then yes. If No, then probably no.

  11. You don't see the pr0n stars complaining... by billstr78 · · Score: 3, Interesting

    ... and thier, um stuff, get's traded more heavily than the copywritten music on KaZaA.

    1. Re:You don't see the pr0n stars complaining... by great+throwdini · · Score: 5, Interesting

      You don't see the pr0n stars complaining and thier, um stuff, get's traded more heavily than the copywritten music on KaZaA.

      No, not the stars, but the copyright holders on all that pr0n care. I don't know how this has eluded the like of /. yet, but read the CNN/Money piece entitled "Porn outfit bids for Napster" from yesterday:

      Private Media Group Inc., a publicly traded adult entertainment site based in Spain, offered 1 million shares for Napster's assets. [...] In a statement, Private Media said it plans to use the Napster trademark to offer millions of adults worldwide the ability to swap adult-oriented content for free and at the same time gain access to "top-quality" content at a reasonable price. [...] "Along with Hollywood and the recording industry, we have become increasingly concerned about the level of copyright infringement inherent in the free peer-to-peer file-swapping services," [Private Media CEO Charles] Prast said.

      HAND

    2. Re:You don't see the pr0n stars complaining... by miffo.swe · · Score: 2

      So the porn industry is the only content makers who are bold enough to venture and do something new? That figures, when porn studios have higher moral than the music industry we are really down the drain. I mean, its not like the music industry has done anything to use the internet. They have been to obsessed with keeping there old revenue model to make up something new and fresh.

      --
      HTTP/1.1 400
    3. Re:You don't see the pr0n stars complaining... by miffo.swe · · Score: 2

      I was more tinking about the movie/music industry. They had a golden chance to use the internet in about 5 years ago but instead they just sat on their tush. Actually when you think about it what industry has been leading in delivering movie and other content over the net until today?

      The porn industry, thats where the development lies today and its kind of sad really.

      --
      HTTP/1.1 400
  12. But what about all the porn by alanjstr · · Score: 2
    In other news, a porn company is trying to buy the trademark and URL of Napster (source).

    Now what about all the porn being traded online. We're talking 200 MB files of people gettin it on. Has Vivid been suing?

    1. Re:But what about all the porn by macdaddy357 · · Score: 2

      Will they change the url to www.napster.cum?

      --
      How ya like dat?
    2. Re:But what about all the porn by T3kno · · Score: 2

      nookster?

      --
      (B) + (D) + (B) + (D) = (K) + (&)
  13. I wonder whether the mimeograph machine... by GMontag · · Score: 2

    I wonder whether the mimeograph machine would survive if it was invented today.

    Idunno, but the fresh pages sure smelled good!

  14. RIAA & Theft by Anonym1ty · · Score: 2, Interesting

    The RIAA just doesn't have a clue what reality is.

    Theft

    The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.

    Note: To constitute theft there must be a taking without the owner's consent, and it must be unlawful or felonious; every part of the property stolen must be removed, however slightly, from its former position; and it must be, at least momentarily, in the complete possession of the thief.

    In order for something to be stolen, it must be taken AWAY from the possession of the owner. You can argue copyrights and such, but it isn't theft.

    Copying is not theft. you havent removed anything. It may not be ethical to copy, but it isn't theft.

  15. Comment on a quote by Winterblink · · Score: 2, Insightful
    "This is a case about choice -- creators should not be forced to give away the results of their effort for free. They should have the choice of whether to give it away or sell it."

    It seems that the majority of creators aren't getting the chance to make that decision. The RIAA with its arrogant presumption is making the decision for everyone by pursuing these services.

    --
    "I'm a leaf on the wind. Watch how I soar."
    -Hoban Washburn
    1. Re:Comment on a quote by Rader · · Score: 2

      Here is what I reall hear every time I read an article about the RIAA complaining about pirates:

      "Waaah! We're the only ones allowed to rip the artists off!

    2. Re:Comment on a quote by Rader · · Score: 2

      You're a better man than me.

      700GB and counting........

  16. Summary judgement .... by taniwha · · Score: 3, Informative
    For the non-US readers - very simply (nothing really is in law) the idea is that the court has two things to decide - "findings of fact" and "findings of law" - if there is disagreement on the facts you go to trial, witnesses etc, to figure what's "true". If you agree on the facts then the judge can just rule on the law "is what's happening, based on the facts, illegal".

    It's a great way to short-circuit an expensive long trial .... if you win ...

    IANAL etc

    1. Re:Summary judgement .... by demaria · · Score: 2

      Yeah this is mostly a standard formality of the plantiffs asking "Do we really have to do this or can we just go home now?". Nothing unexpected. :-)

  17. In today's news... by jackjumper · · Score: 2, Funny

    The RIAA accusses a shadowy hacker's organization, known only as "slashdot", of a massive distributed Denial of Service attack on its web site...

  18. Xerox by SamMichaels · · Score: 2

    I'm waiting for publishing companies to seek an immediately injunction against Xerox and the rest of the copy machine companies pending trial. Copy machines and scanners definitely allow people to STEAL their property.

    Next will come Kodak...how DARE you reproduce images without expressed written consent of all parties involved?!?!?

    </sarcasm>

  19. check this quote by Triv · · Score: 2

    From the article:

    RIAA® members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.

    That might be FUD, but damn. I knew it was bad, but I had no idea it was THAT bad. :(

    Triv

    1. Re:check this quote by stratjakt · · Score: 2

      Legitimate means they arbitrarily decide if its legitimate.

      The stuff the kid down the block records in his garage and gives to anyone who will listen, is in their minds illegitimate. If he sells a billion copies, he doesnt get a platinum disc, unless of course, he signs up with an RIAA approved label.

      My take is this. 90%? So what? What about the other 10%? The RIAA, by their own admission, don't speak for everyone. We don't have a "majority rules" democracy in the US. 90% doesn't mean any more than 2%.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:check this quote by macdaddy357 · · Score: 2

      An illegitimate sound recording is one whose parents were not married before it was born, a bastard.

      --
      How ya like dat?
  20. No, it wouldn't... by slow_flight · · Score: 3, Funny

    I wonder whether the mimeograph machine would survive if it was invented today.

    No, but not for the reason you're thinking. It would be immediately banned as thousands upon thousands of school kids catch a buzz from sniffing the freshly printed sheets.

    --

    Karma: Professionally Doomed (mostly affected by inability to keep opinions to self)
    1. Re:No, it wouldn't... by Reziac · · Score: 2

      Buzz? What buzz?? I feel ripped off. All we ever got when I was in school was a really good smell!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  21. kleinrock on kleinrock by rodentia · · Score: 2

    An interesting quote from the man himself:

    ...Kleinrock built the crystal radio and was totally hooked when 'free' music came through the earphones...

    --
    illegitimii non ingravare
  22. Would the Kazaa network be effected? by NineNine · · Score: 3, Insightful

    Do Kazaa, or the other people making the clients have *anything* to do with the actual network anymore? If say all of these companies were shut down, would the Kazaa/Morpheus/Kazaalite/whatever clients still talk to each other? Is it really as decentralized as it's touted to be?

  23. Summary Judgement by victim · · Score: 5, Informative

    For the 10,000th time...

    This is just a summary judgement request. I've never been involved in a case (thankfully few) where both sides didn't file requests for summary judgement. Its just lawyer chest thumping. The lawyers says "My case is so strong there is no possible defense." Then the judge whips out his denied stamp, whacks both summary judegment requests and the case proceeds.

    Now, if the judge grants this, then that would be newsworthy.

    If a lawyer filing a summary judgement request is news, then you probably ought to cover every time they take a leak too.

    1. Re:Summary Judgement by Anonymous Coward · · Score: 2, Informative

      I am a former law clerk for Judge Wilson, the judge that will be hearing this summary judgment motion. In my (biased) opinion, he is a great judge.

      Nonetheless, he does often grant summary judgment motions. In fact, he was once reprimanded by the Ninth Circuit Court of Appeals for having a "rocket docket". The reason for this is that he goes to great lengths to get cases to settle before trial. He believes that most litigation is simply wasted money, where the lawyers benefit but the parties do not. So he will usually try to get rid of his cases as fast as is possible.

      This means that he is willing to grant summary judgment motions, whereas sometimes other judges send things to trial if there are any possible questions.

      I have no idea how Judge Wilson will respond to this particular case. He tends to be conservative, but from more of a Libertarian perspective than a Republican perspective. He is certainly not beholden to big business. I've seen him take risks to protect the little guy. Nonetheless, I'm not sure how up on technology he is, or, perhaps more importantly, how up on technology his current clerks are.

      Which raises an interesting issue, actually. The law clerk job lasts one year, and typically ends around the end of August. Thus, the law clerk that will be helping him review this case will be a relative newbie. That tends to favor the side with the better lawyers.

      I'd love to give the judge a call and tell him not to grant the motion, but that would be unethical.

    2. Re:Summary Judgement by Tetsujin28 · · Score: 2
      I'd love to give the judge a call and tell him not to grant the motion, but that would be unethical.


      Honest query: How would providing the judge with and honest, informed opinion (keeping personal bias and rhetoric out of it) be unethical?

      In appellate proceedings this is done all the time -- it's called a "friend of the court" brief (though such briefs are rarely free of bias.

      --
      - - - -
      The real Tetsujin 28 is a giant robot.
    3. Re:Summary Judgement by doug363 · · Score: 2

      It is a fallacy that laws always provide justice. Indeed, it's pretty obvious by looking at a handful of laws that they don't provide justice. Certainly, this ideally what they would do, but IMHO, the most important role of law is to provide order, a known set of regulations that everyone follows, so that society doesn't degenerate into an anarchy.

  24. They're Already Doing It by Foresto · · Score: 2, Informative

    "With this logic, PC's should be banned as they can copy music"

    They're already trying to do something like that, but instead of banning PCs and services, they want to turn them into devices that they can control. For example, check out Palladium. Last time I checked, both AMD and Intel had bought in to this.
    1. Re:They're Already Doing It by MindStalker · · Score: 2

      I see no evidence that AMD had definatly bought into it, though it is possible. I guess if AMD does I might have you go out and buy a... a... choke. umm a... cyrix chip... umm nevermind. Umm a mac? umm, damn, tru64??

  25. Maybe file-sharing software has a chance by Henry+V+.009 · · Score: 3, Insightful

    Putting aside the technical difficulty of shutting down a P2P network, some of this software may stand a chance in court. They are very much geared to 'file'-sharing rather than music sharing. That improves the chances that some court might see them as substantially non-infringing. Moreover, they are software programs, rather than centralized server, making the case for "the users are responsible for their own actions" stronger.

    None of it matters in the end, though. There are three types of people out there: 1) There are those people who don't understand computer technology. 2) There are those people who understand it a little because they've used it. But they don't really understand it. They think that the icon is the program. They think of electronic mail as 'mail, but electronic.' And they have a fuzzy perception of information ownership. They think of people who alter the information on their computers in ways that were not intended as 'hackers' and slightly nefarious. 3) There are people who understand how computers work, and have a good idea what is happening with the 1's and 0's at any given time. Sure, they couldn't build their own OS, but they understand how it works to some degree. (Like someone who couldn't fix his car, but understands the basic concept of an internal combustion engine.)

    Unfortunately, it is highly probable that the judge will belong to category 1 or 2.

    1. Re:Maybe file-sharing software has a chance by 0x0d0a · · Score: 2

      There are three types of people out there...1) There are those people who don't understand computer technology....2) There are those people who understand it a little because they've used it...but they don't really understand it...3) There are people who understand how computers work...sure, they couldn't build their own OS...

      Conclusive proof that Linus does not exist.

  26. It's the RIAAs fault now... by Java+Pimp · · Score: 2, Insightful

    It wasn't much of a problem before. Most pirates wouldn't have paid the money for it anyway. But now they've drug the rest of us into it and now we are all criminals!

    I've gotten so fed up with this crap. I really quit buying CDs now. I download the songs I wanna hear. Not because I want to steal them but because I don't want to give the RIAA any more money they can use to get me, or the rest of us, up our respective a$$es. I support my favorite artists by going to concerts (yeah I know the RIAA gets a cut but what can you do?) and buying merchandise like the concert T's. God, I can't wait to see Disturbed and Korn next month! :-)

    Really, this wouldn't be such an issue if they were not a$$ raping us $20 for a CD. We all know now, how much it really cost to burn one! :-) and it sure isn't $20!

    If they'd charge a reasonable price and quit a$$ raping their customers and a$$ raping the bands they are pretending to protect (what is it, most bands get $.50 - $1 per CD sold? more? less?), they wouldn't have this problem in the first place!

    --
    Ascalante: Your bride is over 3,000 years old.
    Kull: She told me she was 19!
  27. Re:Leonard by thelexx · · Score: 3, Informative

    I'm not a big fan of Gore by any stretch, but these kind comments are beyond stale.

    From http://internet-history.org/memories/0055.html:

    Al Gore has been one of my heroes for the last decade. I became aware of him around 1990 when he started being quoted a lot by the engineering types working on internetworking issues: He was the first legislator who actually appreciated what the internet was all about, and he helped guide the 'net through a very tricky transition.

    When the 'net got started in the 1970's, every computer scientist who heard about it was jazzed, but only a very select clique could get to touch it: The hardware for the internet was these special computers called IMPs (I think that was short for Intelligent Message Processors) built by Honeywell, and outfitted with software and some minor hardware modifications by Bolt Beranek and Newman, and engineering company in Cambridge, Massachussetts. In order to get one of those, you had to be a research institution with contract funded research for the Advanced Research Projects Agency of the US Department of Defense. I think the rental for an IMP was something like $100,000 per year, which had to be paid out of the overhead on the research contracts, so small colleges need not apply!

    Around 1980-82, the ARPAnet had grown to include major military posts, defense contracting companies and most universities that had any defense research contracts at all. It was now carrying several different classes of traffic:
    - administrative traffic for the military
    - administrative traffic between the military and its contractors
    - and acting as a testbed for research experiments in protocol
    development.
    During this period, TCP was developed, and the network switched from the original NCP protocol to TCP/IP. Shortly after that, the network had grown so large that it had run out of numbers for the IMPs (the hardware allowed 8 bits for the IMP number) and it was split into two separate networks connected by some routers called "mail bridges":
    - network number 10 - ARPAnet
    - network number 26 - MILnet

    This split also helped calm the fears of some military people who were worried about sharing a network with potentially subversive students. This fear is why the connection between the networks was called "mail bridges" implying that only the relatively safe e-mail could get across. Despite the name, however, those were really full-fledged routers, providing a completely seamless connection.

    With IP installed, and the newly invented ethernet allowing for affordable campus networks, the major universities started attaching campus networks to the ARPAnet backbone, using VAX-11/780 mini-computers with the network-aware version of UNIX that ARPA had paid University of California at Berkeley to develop.

    Many of the smaller universities wanted to participate, but did not have any military reaserch contracts to qualify them, so they banded together to build a compatible network running TCP/IP over X.25 (Telenet, Tymnet). This was known as CS-NET (for Computer Science network).

    By 1989, the university-to-university traffic had dwarfed the military traffic, and the DoD wanted to divest itself of the overheads of running the network, so they asked the National Science Foundation to take over. Around this time, the NSF had started a program to build - I think it was 9 - national supercomputer centers, and needed to link them with the potential users at universities. They rented a bunch of 56 kbps lines - of the same kind that ARPAnet ran on - and installed a bunch of routers built out of inexpensive PDP-11/23 minicomputers, using a software package called FUZZBALL, developed by professor Dave Mills of University of Delaware. This created a second backbone, parallel to the DoD-sponsored ARPA backbone. Since NSFnet had no military funding, there was no longer a requirement for military contracts to be connected, but since it was paid for by tax dolllars earmarked for reasearch in the national interest, it was not available to businesses, except in support of government paid research.

    It was at this point that Senator Gore stepped in, and basically brokered a deal where NSF stopped paying for the network, and instead gave the universities money to buy network services. This made it possible to start network companies to compete with NSFnet and its regional affiliates. Several of the NSF-funded affiliates re-invented tehmselves overnight into for-profit ventures. NYSERnet became PSI, for example.

    Without this visionary plan, there would not have been a commercial Internet.

    -------------------

    He has NEVER CLAIMED to have single-handedly created the internet. And it sounds to me like we could do much worse than to have him take the stand on the RIAA issue.

    LEXX

    --
    "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
  28. Proud of himself, isn't he? by Just+Some+Guy · · Score: 4, Funny
    He claims to have single-handedly created the Internet:

    the birth of the Internet which occurred when his Host computer at UCLA became the first node of the Internet

    Out of curiosity, what was the point of having the first host, as opposed to the first pair of hosts? "Hey, look at me! I'm networking with myself!"

    In about thirty years I'll tell you how I was the first host on Internet 3. :)

    --
    Dewey, what part of this looks like authorities should be involved?
    1. Re:Proud of himself, isn't he? by Leonard+Kleinrock · · Score: 2, Informative

      Out of curiosity, what was the point of having the first host, as opposed to the first pair of hosts? "Hey, look at me! I'm networking with myself!"

      Actually, there really was only one host on the Internet, my Internet, at the time. It was a little like masturbation. A simulation, but a pretty good one.

      Your irony skillz are amazing, in that you said I created the Internet single-handedly. Twas true, twas true. Curled my hair, it did.

      --
      If you steal music, the terrorists win
    2. Re:Proud of himself, isn't he? by toupsie · · Score: 2
      He claims to have single-handedly created the Internet:

      He is obviously lying. As we all know, Al Gore "took the initiative in creating the Internet".

      --
      Strange women lying in ponds distributing swords is no basis for a system of government.
    3. Re:Proud of himself, isn't he? by FallLine · · Score: 2
      As we all know he didn't say that and as we all know you are parroting FUD, which as we all know is /.'s biggest contribution to the net.
      He did too. I watched him say it to Wolf Blitzer on CNN when he said it. Go to http://www.truthorfiction.com/rumors/goreinternet. htm or search for it yourself if you don't believe me.
    4. Re:Proud of himself, isn't he? by spacefrog · · Score: 2

      I think most slashdotters network with themselves quite often... Isn't that what pr0n is for?

      Oh wait...

    5. Re:Proud of himself, isn't he? by krmt · · Score: 2
      Out of curiosity, what was the point of having the first host, as opposed to the first pair of hosts? "Hey, look at me! I'm networking with myself!"
      Wouldn't being the first host imply that he was the host that the second connected to in order to become the first pair, thus beginning the internet?
      --

      "I may not have morals, but I have standards."

    6. Re:Proud of himself, isn't he? by mattbee · · Score: 2

      Out of curiosity, what was the point of having the first host, as opposed to the first pair of hosts? "Hey, look at me! I'm networking with myself!"

      Heh, there's a similarly misguided mobile phone advertising campaign going on in the UK with Andre Agassi urging you to "be the first with picture messaging!". Surely you want to be... the second? And hope you know the other guy? Or rather, wait for a few hundred to sell and maybe someone else you know will own one of these useless expensive pieces of shit :-)

      --
      Matthew @ Bytemark Hosting
  29. What if... by CaffeineAddict2001 · · Score: 3, Interesting

    You create an arbitrarily sized table of randomly placed 1's and 0's... Then what you trade is files that reference where in the table the bytes for your file located in sequence... Would this still be considered piracy or intellectual property?

    1. Re:What if... by Salsaman · · Score: 2
      It's a good idea but it wouldn't work. Think about it. Suppose I have a table that contains all possible 1 kilobyte blocks. Sounds like a good idea - I could break my file into 1K chunks and just send the start positions, right ?

      Well how big would such a table be ? There are 2^8192 possible 1 kilobyte blocks (since each bit in the block can be a 1 or a 0; and there are 8 bits per byte * 1024 bytes). Therefore, there would have to be at least 2^8192 start positions in the table, since some of the blocks might be repeated. Thus, the minimum size of such a table is 2^8192 bits.

      Similarly for random number generators - you would have to send the seed for the generator - again this seed would need to be at least 2^8192 bits in length...

    2. Re:What if... by nathanh · · Score: 2

      The size of the reference would be as large as the size of the file in that sequence. So all you've done is create an inefficient encryption algorithm. Encrypting a file before transmitting it doesn't avoid the copyright problem.

  30. The ability to sample? by yerricde · · Score: 2, Funny

    What the people want is easy access to music, and the ability to sample.

    P.Diddy has the ability to sample, and look where it got him.

    --
    Will I retire or break 10K?
  31. I disagree, you neglect the transaction costs by FallLine · · Score: 5, Insightful

    The reason that Napster was extremely successful and these P2P apps have been somewhat successful is because they lowered the transaction costs for successfully downloading, i.e., for every CHOSEN file they made it quicker (searching), easier (less work to download), faster (downloading...more servers...higher probability of finding a fast server), and require far less technical ability (the users skill). If you force the users back to IRC, FTP, and such you're going to:

    A) Cut out 95% of the users because they won't have the necessary skills to complete most of the downloads they desire.

    B) Cut out most of the people that have (or acquire) the skills because finding the files, the sites, and acquiring the trust or the ratios (maybe not necessary in this system, but that is the status quo and human nature). The few that are willing to put up the effort likely are not RIAA's better customers anyways.

    C) Reduce the # of downloads of said users, by virtue of the fact that each one simply takes them longer.

    Very effective.

    1. Re:I disagree, you neglect the transaction costs by aronc · · Score: 2, Insightful

      The few that are willing to put up the effort likely are not RIAA's better customers anyways.

      Actually, most informations point to the exact opposite being true. The people doing the most downloading/trading are the biggest music fans. These are the people that spend large amounts of their free time in obtaining and listening to music. They buy a lot of CDs, usually as many as they can afford. If they find a way to get more music, they use it. These customers are the bread&butter of the RIAA. This is why letting them download music helps so much - they are the very people who are most likely to be going out and buying what they like instead of just consuming a radio stream.
      '

      --

      jello.
      aka aron.
    2. Re:I disagree, you neglect the transaction costs by drinkypoo · · Score: 2
      That's great, the internet has become a pigsty since it became easy to get on. This counts double (or perhaps triple) for USENET.

      Consider the fact that there was a time before MAKE MONEY FAST. A time in which the only spam that occurred was people flaming rstevew on alt.sex. Now I get many times more spam than actual content whether I go to the web, USENET, my email, et cetera.

      Anyone remember what getting on line was like back in those days? When's the last time anyone actually has to write scripts by hand to parse their SLIP IP from the output of the Annex server? (Yes, people do this today with pppd, but if you search you can find a prewrritten script, and there are numerous pppd config tools.) Or how about setting up UUCP, before it was so easy to get a ppp or slip connection? Or, fer chrissakes, plug and play broadband internet.

      Make it harder and maybe I'll get better download speeds, and I'll be able to find actually interesting music, rather than people doing Whitney Houston and Nelly floods on USENET. What crap.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:I disagree, you neglect the transaction costs by frank_adrian314159 · · Score: 2
      Consider the fact that there was a time before MAKE MONEY FAST.

      But it didn't last very long. I've been on USENET since 1981 - back when E-mail was routed manually across Unix servers and even back then there were flames and spam. Not so much as now, but it was certainly not a "golden age of the internet" either. ARPANET folk thought that the net went to Hell when they started gatewaying UUCP news and mail traffic. Unix users though the world went to Hell after the first gateways between them and the unwashed masses (Prodigy, AOL, etc.) went up. Others think it went to Hell with the commodification of the Web. Most people remember the past more fondly than it should be remebered. We all have our "golden days". They weren't all that golden...

      --
      That is all.
    4. Re:I disagree, you neglect the transaction costs by FallLine · · Score: 2
      And once those P2P Networks are shut down, how long before the next file sharing network or even new sharing stratagy comes about? It didnt take long after Napster for Kaza and the other larger P2P nets to become popular.
      Well I'd argue that despite assertions to the contrary, Kazaa (the best amongst them) and all the others are far inferior replacement to Napster in most respects (except for the swarmed downloads and checksums and such). They may approximate the number of users now (though I think many of those stated stats are either lies or are misconstrued), but the amount fruitfulness of the network is pretty poor. The fasttrack based networks (like Kazaa) depend on centralization significantly and generally on some one with a financial incentive to support that degree of centralization. Once you take them out you will make people depend on protocols like GNUtella (which is worthless). Now maybe someone can invent a totally decentralized protocol that works well (no one has actually implimented one yet to my knowledge), but it has not yet been done. Even if it is, I believe that prompt attacks (e.g., getting the ISP to suspend service for 90 days) on those that share the most files would be a stunning blow to the viability of any such network. While one could certainly attempt to piggy back on IRC to support a file sharing system (I actually started working on this years ago), a network of the size of Napster could never be reached because most IRC networks simply cannot support the traffic and would shut down the channels or whatever SYSTEM of differentiation (e.g., nick names, etc) there is long before that happens. Besides which a psuedo-decentralized IRC based system, i.e., one that does not depend on a handful of bots to index the fileshares, would still have to grapple with the same scaling issues that GNUtella and any other network has...only with greater limitations because relying on 3rd party IRC servers as a transport medium would nly compound problems. Lastly, as long as RIAA keeps the viable networks a moving target (i.e., taking the next Kazaa out), that in and of itself will present a challenge to Napster-like success, because it takes awhile for the users to learn OF and HOW to use and to START using it.
    5. Re:I disagree, you neglect the transaction costs by FallLine · · Score: 2
      IRC server networks like dalnet, etc can support a large load of peeps. A IRC filesharing front end wouldn't send anything other than a randomly generated nick, channel joins, and play a little ping pong. When someone sends there "uber warez here Trigger: !ubba" you'd do everything p2p after that. Well, almost everything, but the meat of the transfer via DCC wouldn't present a load on the server.
      Firstly, I'd point out that many of the larger IRC networks are already in a state of decay and are falling apart without anything of this kind. Secondly, they are not that large, 100k or so. A sudden doubling or quadrupling of users would cripple the networks given their current state (or any future state given their lack of revenue). Thirdly, your !ubba scheme is just the sort of problem that I'm talking about. I'm well aware that the actual media (zip, mp3, whatever) would not be transfered over IRC, but rather over DCC which is essentially a P2P connection, but the point is that your trigger, "!ubba", could not be sent to each and every file serving client, even if it's within a channel, without causing an undue load on them, because they'd all have to recieve every client's query (and probably every client would have to recieve that query too...with a few exceptions that don't solve the problem). Fourthly, given any systematic method that remains in place long enough to adopt a largish user base( e.g., /join #l33t342342342), the irc administrators could ban, shutdown, or filter. Fifthly, having each server establish a P2P connection just to return a result set would present a large overhead for every mp3 server and would also be hampered by firewall problems and such (and sending it over IRC would definitely be impossible because the mp3 servers would flood themselves off very quickly)... I could go on.

      On a small scale this stuff could work well, but once it reaches a certain size, say a couple hundred users in a given channel or mp3 "network", its popularity would certainly kill itself one way or another.
    6. Re:I disagree, you neglect the transaction costs by FallLine · · Score: 2

      Unplug it. If this state is so renegade as to ignore the US government when force is brought to bear, then they could certainly be unplugged or firewalled at the uplink. If the state is this renegade, then they're unlikely to have a substantial amount of bandwidth to spare and they're especially unlikely to have it for a money loosing venture like that. Almost every other government would comply sooner or later though. If it were this easy, then you'd see Napster's servers run on SeaLand or some silliness.

  32. Re:Before the brainwashed Gore defenders start in. by thelexx · · Score: 3, Informative

    What he said was factually correct. Read my comment above. And I'm not apologizing for anyone, merely pointing out that you are wrong.

    LEXX

    --
    "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
  33. I'll say it again. by Gannoc · · Score: 3, Insightful

    I _could_ download the Sopranos off the internet. I could have my friends tape it for me, or Replay it over to a VCD, but I don't, because HBO is easily available to me at a reasonable price.

    Charge me $40-$60/month (which is more than i'm paying for CD every month these days), give me access to every song I want, and you'll make a killing.

    Its a new era, you need a new billing scheme. Look at cable companies. Does anyone think that stealing cable is justified? They don't charge by the show, and conversely, nobody says "I'm not really stealing cable, because there's no way i'd watch 200 channels anyway." or "Yeah, i'll watch Showtime because I can, but if I couldn't get it for free, I wouldn't watch it."

    It'll never happen though. They'll charge $18.99 for a highly restrictive format download of a shitty CD, then moan that nobody is buying it because of piracy.

    1. Re:I'll say it again. by ElJefe · · Score: 2
      Charge me $40-$60/month (which is more than i'm paying for CD every month these days), give me access to every song I want, and you'll make a killing.

      Try EMusic. They've got a lot of good stuff from smaller record labels. And it's only $15/month (or less if you sign up for longer).
  34. So far as I know ... by burgburgburg · · Score: 2, Informative

    Morpheus also asked for summary judgement, but they wanted all of the charges dismissed. Their argument is that there are too many uses for the service for it to be shut down because of the illegal users. This was reported on Monday on news.com.

  35. Somebody, we need a bull here by the+grace+of+R'hllor · · Score: 2, Interesting

    You left out the second part of the definition from Webster's definition, Sparky:

    b : an unlawful taking (as by embezzlement or burglary) of property

    Embezzlement is a *lot* closer to copyright infringement than the other definition suggests.

    However, note that this is from a dictionary from 1913, where there is still a noun 'theft' that means a stolen property. Note that the m-w.com site labels it obsolete. And there is also a definition as of stealing a base (in baseball).

    This should show you that language is not static, it is fluid. The fact that you don't think it should be called theft is your problem. 'Theft' is now used to indicate copyright infringement. Cope.

    1. Re:Somebody, we need a bull here by RatBastard · · Score: 2

      The courts have already decided that it's theft.

      --
      Boobies never hurt anyone. - Sherry Glaser.
    2. Re:Somebody, we need a bull here by PhxBlue · · Score: 2

      This should show you that language is not static, it is fluid. The fact that you don't think it should be called theft is your problem. 'Theft' is now used to indicate copyright infringement. Cope.

      "Theft" is also now used to indicate changing channels to avoid watching commercials. That doesn't make it valid.

      --
      !#@%*)anks for hanging up the phone, dear.
    3. Re:Somebody, we need a bull here by Kintanon · · Score: 2

      Spoke, casual language may be fluid, but LEGAL language is not. The exact definition of what constitutes theft must be spelled out by any legal document dealing with theft. And you'll notice that it is. And primarily the first definition is used.
      So just because the RIAA wants to call copying theft does not make copying legal theft.

      Kintanon

      --
      Check out JoshJitsu.info for Brazilian Ji
  36. Don't You Know Kleinrock? by serutan · · Score: 2

    He's known as "the Father of Modern Data Networking." Says so right here on his site.

  37. memeograph question.. by stinky+wizzleteats · · Score: 3, Interesting

    Interesting point. The historical answer is quite revealing. The invention in question is not the memeograph, but the printing press. The printing press so threatened those in control of information at the time (the Catholic church), that the entire reformation resulted. Let's just hope this go-round is not as bloody.

  38. Re:Ive said it before.. and i'll say it again. by Xunker · · Score: 5, Insightful
    "People want the SONGS they want, at a low price, delivered through a digital medium."


    Here is what I want:

    The ability to download a low quality version of a song to see if I like it. If i like it, i am given the option to buy that track at a reasonable cost (I'd pay ~$1 USD, but demand a bulk discount for a whole CD): I want this track that I buy to be available NOW, in many popular formats including a lossless format suitable for burning. I want the right to copy this track to kingdom come, from my car to my home and portable.

    The record companies will say that then users will take this files and exchange them all over with their friends but think about this: I have money and my time is worth money -- it it technically "cheaper" for me to pay $1 for a high-quality song and have it NOW than to spend 5 hours finding a low-quality and corrupted copy off some P2P service. As an extension of this, those who can't afford to pay for digital music cannot afford to buy the CD anyway, so no one is loosing a sale anyway.
    --
    Hilary Rosen's speech was about her love of money and her desire to roll around naked in a pile of money.
  39. Leonard Kleinrock by chunkwhite86 · · Score: 2, Informative

    Dr. Leonard Kleinrock is known as the Inventor of the Internet Technology, having created the basic principles of packet switching, the technology underpinning the Internet, while a graduate student at MIT. This was a decade before the birth of the Internet which occurred when his Host computer at UCLA became the first node of the Internet in September 1969. He wrote the first paper and published the first book on the subject; he also directed the transmission of the first message ever to pass over the Internet.
    http://www.lk.cs.ucla.edu/

    --
    I'd rather be a conservative nutjob than a liberal with no nuts and no job.
  40. What is they actually own? by florescent_beige · · Score: 2, Interesting
    If I took the novel Moby Dick and shifted every letter one to the right, could I publish that? Probably. But if the technology existed to conveniently shift them all back so someone could easily extract the original, then what? Does the copyright holder own the actual pattern of words, plus any method that exists or that could ever exist to produce that pattern?

    By the same token, do music copyright holders have the copyright to any technique that could produce air vibrations similar to the air vibrations that happened when the artist performed the song? And another thing, do they actually own the original vibrations, by which I mean, I'm not allowed to measure those vibrations and report to anyone else the results of my measurements, even if I make the measurements from a distance? They actually own the rights to what the air is doing?

    What if I had a method to describe the complete pattern space of waveforms that the original music was not? That is, I have some sort of mathematical description of every possible wave form except the original music, I can't tell anyone what that is either, I suppose because that would allow you to derive the original. Even though I'm explicitly and rigourously not giving you the original.

    --
    Equine Mammals Are Considerably Smaller
    1. Re:What is they actually own? by Amazing+Quantum+Man · · Score: 2

      If I took the novel Moby Dick and shifted every letter one to the right, could I publish that?

      Yep. Moby Dick is in the public domain. You just oculdn't claim authorship.

      --
      Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  41. Re:Interesting thoughts... by Anonymous Coward · · Score: 2, Interesting

    Here are a couple of interesting thoughts.... 1) In one example in the dedacted version from the RIAA website, the document actually mentionsWindows Media Player. So, since that is so obviously being used to infringe upon copyrights, why are they not named in the suit? 2) According to the press release on the RIAA site, it sounds like I would be infringing copyrights if I rented/bought a movie and thn invited all my friends over to watch it, or worse yet, loaned it out to them, or geve them the movie after I watched it... Whew!! Time for a reality break..... At the rate things are going, the RIAA apparently won't be happy until you have to pay them each and every time you listen to a song (I am refering to one you purchased).

  42. What are we going to do about it? by klund · · Score: 3, Insightful

    I gave $1000 to the EFF last month.

    What have you done?

    --
    My word processor was written by Stanford Professor Donald Knuth. Who wrote yours?
    1. Re:What are we going to do about it? by VargrX · · Score: 4, Interesting
      I gave $1000 to the EFF last month.

      What have you done?


      Better question... What have they done?

      (and yes, I've donated (far too much) money to them, and have seen absolutely no roi)
      --
      Sometimes people just have to learn and adapt to change, it is one of the requirements of being a living thing.
    2. Re:What are we going to do about it? by Billly+Gates · · Score: 2

      The EFF does not have the financial power if Hollywood. Megacorps own over %95 of the worlds wealth.

      Remember that Hollywood meets with our politicians all the time with their concerns. We need to do the same. I think the EFF should find out when all the senators or congressmen go to their own district community meetings or events in their districts and notify their members. We need to chat with our representatives and perhaps donate that $1000 to your politician. Yes, Hollywood has some ugly connections to our government but its not theirs. Its ours. You could scream as loud as you want but the politicians wont hear. They only here what Hilary Rosen has to say when she drops by their offices. We need to tell the government directly about this. Also organize fellow citizens in your district or from work to join you. This would get their attention a hell of alot more then just an issue of a single individual.

    3. Re:What are we going to do about it? by inkfox · · Score: 2
      MOD THE PARENT UP!!! :)

      Then go check out cdbaby.com or one of the other marvelous independent artist distribution sites!

      --
      Says the RIAA: When you EQ, you're stealing bass!
  43. Re:Before the brainwashed Gore defenders start in. by macdaddy357 · · Score: 2

    If Al Gore were president, Tipper Gore would be First Lady, and the RIAA would have to answer to her all over again, only this time, she would be a lot more powerful. I wish Tipper Gore was First Lady. The recording industry deserves her. She would get Al to veto any Pro RIAA crap coming out of Congress. It is a shame we let Bush enter the White House when he did not win the election.

    --
    How ya like dat?
  44. Profit by Robotech_Master · · Score: 2

    Interesting...seems a substantial part of RIAA's propaganda against the peer to peer companies is predicated on the fact that they're making a profit.

    I wonder if this means their case would be weaker against giFT.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
  45. Re:Leonard by geekoid · · Score: 2

    Correct, he did take the intiative in creating the internet.

    If it wasn't for him, woul would have ARPAnet, MILnet, and CSnet, none of which would be available to the public.

    This is like saying the founders of the Big Mac should take claim because there was hamburgers before there was Big Macs.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  46. Re:Leonard by electroniceric · · Score: 2

    Interesting... nice to finally know the details of what so many have scoffed at.
    On a related note:
    My father was working for U of Md and NSF at the time, and I remember him talking about the transfer of the backbone from NSF. He was convinced it was going to destroy the universities' ability to use the internet, because (IIRC) the backbone providers were:
    a)going to price universities out of the market
    b) not be able to coordinate to enough an extent to actually keep the thing running.
    I'd love to represent my dad (who is very farsighted) as prescient on this, but when it comes to the backbone, he seems to have been wrong. But he was quite foresighted in seeing the Internet as a commons that could easily be render much less useful.

  47. Re:Before the brainwashed Gore defenders start in. by toupsie · · Score: 2
    She would get Al to veto any Pro RIAA crap coming out of Congress.

    But then again, all we could listen too would be Pat Boone and Patsy Cline records.

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
  48. Mimeograph by buzzdecafe · · Score: 2, Informative

    The mimeograph and later xerograph did eventually prompt changes in copyright law (1976 Copyright Act)--the additional restrictions were balanced by the codifying of Fair Use. The critical differences today are that people have the ability to distribute (virtually) unlimited copies. And there is essentially no thought given to consumers' rights in new copyright legislation.

    This copyright timeline highlights some of the big events. Unfortunately, it stops in 1996, pre-DMCA.

  49. MusicCity (Morpheus) is on GNUTELLA by Anenga · · Score: 2, Informative
    RIAA seeks summary judgement against Musiccity , Kazaa and Grokster.

    When you say "MusicCity", I'm guessing your talking about Morpheus?

    Well, sorry to burst your bubble, but Morpheus is on the Gnutella Network. The Gntuella Network is decentralized (no central server, *NOT* a Napster clone) (well, if you count GWebCache/Bootstraps as being decentralized). I doubt they could stop users on Morpheus. They could stop the vendor from distributing it's client, but not the network. Since Shareaza, Bearshare, Limewire, Gnucleus, Ares, and many many others use the Gnutella network as their network of choice for their P2P Clients.

    Actually, it may be good for Morpheus to be dropped from the Gnutella circle. Morpheus is hurting the network by soaking up all the leaf nodes, and not supplying the network with any Ultrapeers (in v1.0). Before, Morpheus would allow ANY of it's nodes to become Ultrapeers, now it doesn't allow ANY of them to become Ultrapeers. Errr. There is now a major Ultrapeer shortage on Gnutella (takes a long time to connect, hard to retain a stable connection).

    Before, they [Morpheus] wouldn't allow any of teir nodes to become ultrapeers, flooding the network with bad Ultrapeers (you have to be "elected" as an Ultrapeer with good details: Good OS (not Win 98/95), Good Connection (T1 and higher probably), and have a good uptime history. Morpheus ignored that, and just let anyone of their nodes become an Ultrapeer. Hurting the network.

    Morpheus has proven unable to keep up with the times. They have yet to implament major Gnutella fundamentals into their system. Ultrapeers, Partial File Sharing, Upload Queue, Download Mesh... I've seen none of that.

    So long Morpheus. Lets hope MusicCity doesn't bring down the rest of the network circle along with it...
  50. P2P vs Internet Radio. by stratjakt · · Score: 2

    Ok, we all know about the issue of royalties for internet radio:

    http://www.usatoday.com/tech/news/techpolicy/200 2- 07-21-radio_x.htm

    Basically, the royalty owed is seven hundredths of a cent, per song, per listener.

    When the RIAA argues losses on P2P, they calculate it based on the sales of CDs. Which is probably about 2 bucks per song transferred.

    What is the distinction? They both use the same underlying technology. You can save an mp3 stream from a 'net radio' to a file without losing quality.

    Why cant a *ster service just track and charge users seven hudredths of a cent per song? For a buck a week, you could get 14.3 tunes. 30 bucks a month would equate to an album a day.

    Let publishers waive royalties if they wish.

    Rather than a network of 'servers', classify it as a network of 'internet radio stations'. Or is it not one already?

    I don't see this as a loophole, but a perfectly acceptable system. Probably 90% or higher of P2P users use it as an alternative to conventional radio.

    If the copyright appeals board set a royalty of seven hundredths of a cent, how can the RIAA claim any more than that?

    IANAL, someone who is please clarify the difference (between an MP3 only service and internet radio) for me.

    --
    I don't need no instructions to know how to rock!!!!
  51. Cybernetic Shoplifting? by guttentag · · Score: 2
    From the press release:
    Said Mark Litvack, MPAA Vice President and Director of Legal Affairs: "This is Cybernetic shoplifting..."
    You mean they're stealing robot parts too?! This is more serious than I thought.

    (Note the press release's misuse the word "said." Public relations people are so arrogant they make up language as they go along.)

  52. Al Gore and The Internet by Dictator+For+Life · · Score: 2
    What Gore said was: "I took the initiative in creating the Internet..."

    Balderdash. He did no such thing. Internet research was years old by the time this Johnny-Come-Lately appeared on the scene in a Congressman disguise.

    What Gore said was indefensible and manifestly false. It's hilarious that anyone ever tries to defend it, or to explain it away. The much better tactic would be to admit that it was a stupid thing to say. The fact that Gore and many of his cultists cannot or will not do so says more about them than it does about the facts of the case.

    --

    DFL

    Never send a human to do a machine's job.

  53. Re:Kleinrock hooked on free music since 6 years ol by stratjakt · · Score: 2

    "At the age of 6, Leonard Kleinrock was reading a Superman comic at *HIS* apartment in Manhattan" (emphasis added)

    I really doubt he had his own apartment at 6.

    --
    I don't need no instructions to know how to rock!!!!
  54. FastTrack is Centralized by Anenga · · Score: 2, Informative
    Is it really as decentralized as it's touted to be?
    Just last week ago an article popped up on the File Sharing Portal ZeroPaid which described new evidence that FastTrack (Kazaa, iMesh etc.) has more of a centralized nature than we once believed.

    Not only does it have a Centralized server used as a Bootstrap (To find Supernodes), but it also has NETWORK SUPERNODES. Meaning, they are dedicated Supernodes on a server. They are always up, always fast, always avaliable. In addition, the Network has a central server for bootstrap porposes and so that they can regulate which clients connect to the network (they have a gateway system, that's how they turned off Morpheus). Network Peers and regular Supernodes (computer users) are involved as well.

    The developers of FastTrack (names) have opened a new website called Joltid which has a model similar to what the RIAA said it was like. I'm guessing the website is for companies to purchase the technology, but the developers will no longer release clients for free to the public. This is obviously saying "Kazaa is gone, time to start up a new company."

    Oh well. If FastTrack goes down (which it will), there are many, many, many alternatives.
  55. More on Kleinrock by guttentag · · Score: 2

    Slashdot story: Leonard Kleinrock On The Origins of Packet Switching

    The Web page that story links to has since moved here.

  56. Re:Before the brainwashed Gore defenders start in. by uncoveror · · Score: 2

    Isn't it ironic? The RIAA was fighting against the PMRC's censorship in the 1980s, and championing freedom of expression. Now, they are for censorship, asking the courts for prior restraint against file trading. This stifles freedom of expression by taking away one of the only forums unsigned artists have. They also will not sign anything but Britney Spears style teenybop crap to recording contracts. They are now stifling music more that Tipper and her bunch ever could have. Maybe the almighty dollar was all they ever cared about, and they never gave a damn about freedom of expression. Does the DMCA still allow us to express what we think of them? Boycott the recording industry.

    --
    The Uncoveror: It's the real news.
  57. How to prevent infringement? by beej · · Score: 3, Interesting
    From the RIAA release:

    Also included in the filing is the testimony of several expert witnesses, including Leonard Kleinrock, widely regarded as one of the original founders of the Internet. Kleinrock describes how the defendant's file sharing system works and how they could easily control and prevent the massive copyright infringement from occurring.

    Can someone help me locate the testimony in which Kleinrock describes how they could easily control and prevent massive copyright infringement?

    I mean, I'm dying of curiosity. Every solution I can think of is either trivial to circumvent, or non-trivial to implement. Nothing falls in the classification of "easy".

    Then again, I'm not Dr. Internet with a PhD from MIT.

    1. Re:How to prevent infringement? by TheSHAD0W · · Score: 2

      http://www.riaa.org/pdf/SummJudgmentMotion.PDF

      Pages 47 and on refer to a reference by Kleinrock. So far as I can tell, this reference is not available on the RIAA's site.

  58. Re:Until they try for a summary judgement by symbolic · · Score: 2

    that would force you to buy the crap that they churn out, you have nothing to worry about.

  59. Re:Libraries? Spawn of Satan or a model to follow? by twoflower · · Score: 2

    So why, when I rent a tape or a DVD at the local major-national-chain video store, does it contain the standard warning that this tape or disc is licensed solely for private home viewing, and that rental is prohibited?

    Maybe it's different in America, but in Canada, all the tapes seem to be this way.

    --


    --
    Twoflower
  60. That's my new talking point by drew_kime · · Score: 2
    But if you give them a new form of media, say, a song on a copy-protected CD, and they can no longer listen to it except on approved devices that they cannot copy from, why should the government provide the same protection to you?
    Why hasn't anyone else said this before? (At least not in anything I've read so far.) It's brilliant and fits in a sound bite. If copyright is to protect things that can be easily copied, then you can't copyright something that is hard to copy. QED.
    --
    Nope, no sig
  61. Re:What about Donald Davies? by Amazing+Quantum+Man · · Score: 2

    Hey, I was just answering the submitter's question.

    To be honest, most articles I have read tend to give credit to both Kleinrock and Davies.

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  62. Grammar and Cluelessness by Dictator+For+Life · · Score: 2
    As our AC correctly pointed out, algore actually said "the initiative", not "an" initiative.

    More importantly, I did not say (nor did I imply) that "taking the initiative in creating" while in Congress is tantamount to saying "I invented it".

    My assertion is that what he actually said is absurd: he cannot have taken "the initiative in creating" something that was already some years old by the time that he even got elected to Congress!

    If algore had said something to the effect that he was a supporter of the Internet from its infancy, that would have been a far more plausible assertion. But that's not what he said.

    What Gore said may have been a deliberate lie, to puff up the ol' resume on national TV. But even if it wasn't, the very best that can be said is that it was a laughably poor choice of words. And like I said, he and his cultists would be a lot better off just admitting that he misspoke. The fact that they defend this nonsense - as you are! - is just hilarious. Pathetically hilarious.

    Please find something to defend that is more worthy of your energies than algore's verbal gaffes. You won't find me defending Dan Quayle's spelling of 'potato', and I should think that you would have better things to do with your time than defend algore's nonsensical claims about his role in the Internet's creation.

    --

    DFL

    Never send a human to do a machine's job.

    1. Re:Grammar and Cluelessness by squiggleslash · · Score: 2
      Erm, you've demonstrated the poster's point about your illiteracy rather well. Isn't the reason for describing it as an initiative not to distinguish it from the (which means the same thing) but to point out what meaning Gore is using of the word initiative.

      ie he's not using as in "I took the initiative and tidied my room" but as in "The initiative I propose today is a tidy room in every American home, and I'm asking Dictator For Life to take that initiative through the necessary steps in order to have it enacted."

      THAT'S the difference. Simple. Even an A/C can understand it, unless the A/C is a clueless illiterate wingnut who spent his "education" in some private school where creationism was taught in favour of evolution, and, clearly, Ayn Rand was taught instead of reading.

      As for the Internet existing during the 80s - erm, no, it didn't, not in the form that Gore and other's initiative changed it anyway. Ask Vint Cerf about that. Indeed, ask Jerry Pournelle, who was thrown off some network called the Arpanet in the late eighties.

      You might have heard of the Arpanet. It was a military network that, thanks to funds secured by Gore's Internet initiative, was split into two, one of which became the original backbone of the Internet.

      --
      You are not alone. This is not normal. None of this is normal.
    2. Re:Grammar and Cluelessness by squiggleslash · · Score: 2
      Er right. So because it can be taken two ways, you're saying it must be taken the worst way which is so OTT nobody in their right mind would try to make that claim.

      If you want to propose it was badly worded, sure, propose that. However, if you're going to argue that someone is illiterate for pointing out that the words can mean something that is actually true, and that the speaker actually intended that meaning, then you're using a fucking wierd interpretation of "illiterate".

      Political blinders? I suggest that someone who rejects a perfectly valid interpretation of what someone has said, that fits the form of words used, because it isn't ludicrous enough and actually suggests the speaker has made a genuinely important contribution to politics, is the one with the blinkers on.

      --
      You are not alone. This is not normal. None of this is normal.
  63. Re:Before the brainwashed Gore defenders start in. by Anthony+Boyd · · Score: 2
    What he said was factually correct.

    I admire you both for boldly making false claims about Al Gore's innocence, and for the fact that you are apparently a powerful enough person on slashdot that no one will disagree with you unless they're posting as an AC. But I'm capped, so I'll repeat what the ACs have said with a +1 score. Maybe more people will see it:

    What Al Gore actually said was: "During my service in the United States Congress, I took the initiative in creating the Internet." And that claim is patently false. There is no way to misconstrue it as "factually correct" unless you want to paint yourself as an Al Gore fanboi. Al Gore helped make beneficial infrastructure changes to the Internet, I'll grant him that. And he's a geek -- we're lucky to have him. But don't put him on a pedestal and start inflating his credentials. His credentials are fine as-is.

  64. Actually, you're comparing apples and oranges by FallLine · · Score: 2
    Actually, most informations point to the exact opposite being true. The people doing the most downloading trading are the biggest music fans.
    Firstly, I question this "data". Secondly, what you are probably referring to is said users of Napster and like services, which is vastly easier and quicker in comparison to manually using IRC as a searching mechanism and FTP for a file transfer method. Thirdly, if they are so willing to buy music and trade it legitimately, i.e., the CDs, then they are probably not willing to waste it spending useless hours on IRC? Few people that have the time for that kind of activity on IRC also have income of their own. Fourthly, I suspect that the hardcore music fanatics in actuality account for a small part of RIAA's market share. The average fanatic may buy 5x as many CDs as the average "normal" user, but the average user outnumbers the fanatics by 1000 to one. If the fanatics were such a substantial market, then RIAA would almost certainly cater to them much more than they do now (besides just this P2P issue that is). I simply don't see it. What's more, I suspect that much (though not all) of the consumption on the part of these music fans is in trading, selling/buying used CDs, etc...which does little to further RIAA's bottom line.
  65. RIAA uses p2p company emails by gabec · · Score: 2
    http://zdnet.com.com/2100-1105-957779.html

    The RIAA apparently has used p2p company emails, message board correspondences, and executive interviews to show that KaZaA and the rest of the FastTrack Network clients (ok, Morpheus isn't FastTrack anymore but that's beside the point) worked to 'embrace and extend' (*ack*) the Napster program, which has been shown to be illegal in court.

  66. Gnutella Not Mentioned by The+Raven · · Score: 2

    There is no mention of Gnutella or any of the Gnutella developers in this suit... while Gnutella has had great difficulty advancing the protocol specification to the efficiency of other P2P networks, they are making progress. Advances in query by hash, query routing, network traversing searches, bandwidth shaping, and many more are being developed or incorporated now into newer clients.

    With one of the only completely decentralized networks around a totally open specification, I am interested to see if the RIAA behemoth will ever attempt to 'take on' the task of legalizing Gnutella into oblivion.

    When all the lawyers are finished, will Gnutella be the last left standing?

    --
    "I will trust Google to 'do no evil' until the founders no longer run it." Hello Alphabet.
  67. Re:Summary judgement , 7th Amendment and "justice" by Frank+T.+Lofaro+Jr. · · Score: 2

    It is completely unconstitutional for a defendant to lose without being allowed to have a trial.

    See the 7th Amendment

    Summary judgement FOR the defendant does not pose a constitutional problem.

    Of course, the civil court system ignores the Constitution and other laws of the land (such as the DMCA exemptions listed RIGHT IN the DMCA itself in the DeCSS case) on a daily basis. So if you are a defendant and lose via summary judgement, you're going down.

    Even if you have good lawyers if you "threaten the system", you are very likely to lose and even be ordered to pay for your own persecution. Again, look at the DeCSS 2600 case.

    --
    Just because it CAN be done, doesn't mean it should!
  68. Re:Before the brainwashed Gore defenders start in. by macdaddy357 · · Score: 2

    Yes, when your brother and his cronies fix the election for you in the one disputed state, you get more electoral votes. America sat idly by and allowed a coup. No wonder Bush, and "that general guy," Pervez Musharraf get along so well. They are both dictators.

    --
    How ya like dat?
  69. Re:Ive said it before.. and i'll say it again. by krogoth · · Score: 2
    --

    They that quote Benjamin Franklin on liberty and safety deserve neither.
  70. incestuous narcissism by Phil+Wilkins · · Score: 2

    Do you even know what those words mean young man?

  71. Re:Not only that . . . by ealar+dlanvuli · · Score: 2

    There's a new channel where I live (Iowa) called "More Music", it plays a decent crosscut from hiphop to heavy alternative (haven't seen heavy metal yet).

    It appears to be trying to be what mtv once was, I'm not sure who owns/operates it yet, but I watch it a few minuites a day.

    --
    I live in a giant bucket.
  72. Well, it depends on what you mean by autopr0n · · Score: 2

    If by "IP" you mean "Intelectual Property", then no. If you mean "Internet Protocol"...

    --
    autopr0n is like, down and stuff.
  73. Re:Not only that . . . by macdaddy357 · · Score: 2

    Why is it that people who want business to operate in a state of anarchy call anyone who doesn't a communist or socialist? If the rule of law is a good thing everywhere else, it is good in business, too. It is high time people who "get it" that business needs to be regulated called the Enron conservatives what they are. Anarchists. Deregulation makes "might is right" the only law.

    --
    How ya like dat?
  74. RiAA flawed logic. by Mulletproof · · Score: 2

    P2P is a search engine. They have no control over what people trade person to person. If they are actually serious about this, then they had better shut down every real search engine that finds sites with warez, mp3 archives, serials, etc... Which is every single one of them. There is no difference and it just makes it all the more obvious that the people behind the RIAA are hypocritical dumbasses. Thank you.

    --
    You need a FREE iPod Nano
  75. Re:Have you put your money where your mouth is? by doug363 · · Score: 2

    You can record shows off cable TV with your VCR, and the tapes still work if/when you stop paying for cable, or move house, or buy a new TV/VCR. This doesn't happen with most Pressplay "downloads", and there are limits on how many "portable downloads" (i.e. uncrippled downloads) you can buy per month.

  76. Xerox and Kinko's by Reziac · · Score: 2

    I have an unfortunate feeling that you may be altogether too close to the mark. After all, wasn't there already a suit against Kinko's, using the presumption that the ONLY thing a photocopier was good for was copyright infringement?

    I don't recall the details (maybe someone who does can jump in) but the practical upshot was that their clerks weren't allowed to photocopy any material that bears a copyright notice. (Consequently I once had to argue with a Kinko's clerk to get a copy made of my OWN manuscript.)

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  77. read the article by RatFink100 · · Score: 2

    It was the first host to connect to the first switch on what would become ARPANET

  78. Re:Libraries? Spawn of Satan or a model to follow? by JonWan · · Score: 2

    Joe Consumer can rent his movies, You can't make copies and trade, rent or sell them. My rights are the same as anybody elses. Before the Betamax court case the studios said that you couldn't rent videotapes. I even have a few Disney tapes that have "Not For Rental" printed on them because they were made before the case was decided. I also have some forigen tapes that say "Not for Hire". The FBI warining isn't all BS but it dosen't apply unless you copy the tape for non-fair use reasons. I hope that made it a little clearer.

  79. No, those are not the right "other words" by eples · · Score: 2

    In other words they want the above to be banned even before the trial.

    NO - summary judgement simply means that the RIAA believes those other entities have violated existing statutory law by merit of the facts of the case and that no trial is necessary.

    Now, whether or not that is true is another story.

    --
    I'm a 2000 man.
  80. Re:Stupid question... by mother_superius · · Score: 2

    Prohibition (18th Amendment) was repealed 1933 by the 20th Amendment, so you could say that.

  81. Parent Post is Stock Troll by ewhac · · Score: 2

    The parent post is a stock troll, cribbed from a story on Kuro5hin, and sprinkled with inflammatory allusions to, "bearded Linux hippies [living] in their parents' basement." It is also signed with the moniker HYBTT, which stands for, "Have You Been Trolled Today?"

    It is also a dangerously deceptive re-casting of Jefferson's words into an entirely misleading light. Jefferson strenuously opposed copyrights, as they are a form of monopoly. Jefferson opposed monopolies in all forms, as they inevitably lead to abuses. An example of an abusive monopoly contemporary to Jefferson was the East India Company, whose record of abuse was well-documented.

    What Jefferson was really saying in the famous quote cited above was, "Look, information leaks no matter what you do to contain it. No natural law sustains the notion of copyright. So save yourself the ulcer and don't bother trying."

    Jefferson eventually agreed to establishment of copyright, but it was not in the form he wanted, and he still feared the abuses it might bring -- fears which, 200 years later, appear to have been borne out.

    A more complete, balanced, troll-free discussion of Jefferson's and Madison's thoughts concerning copyright may be found here, also on Kuro5hin.

    Schwab