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OptimumOnline Bans uploads to P2P networks

An anonymous reader writes "In disturbing news this week Cablevision's high speed broadband unit OptimumOnline has sent letters to subscribers warning that uploading to P2P networks will no longer be tolerated. Obviously bowing to record and movie industry pressure the letter includes a link to a page that gives directions on how to disable file trading on 18 P2P services from KaZaa to Xolox. If you don't comply, they will cut the cord. I remember not to long ago where OptimumOnline ran TV ads touting the ability to grab music from the Net. The story on this can also be read here."

441 comments

  1. No uploads? by Anonymous Coward · · Score: 0

    How will you ever request a web site or download your e-mail if you can't upload to another peer??

    1. Re:No uploads? by qui_tollis · · Score: 1

      testend test

    2. Re:No uploads? by LostCluster · · Score: 2

      Peer-to-peer isn't the problem, the Internet has been peer-to-peer since day one.

      It's the fact that "P2P" has begun to stand for more than a network technology where information is transfered from computer to computer without another server in between, but also taken on the idea of obsfucation of the originator's identity so that those who wish to enforce copyright laws have a harder time doing so.

    3. Re:No uploads? by cervo · · Score: 2, Insightful

      The ban is against servers. Most ISPs ban this for residential accounts. When surfing on the web you are a client to the various web servers. You sent them an HTTP Request for the web page(A URL essentially) and they send you an HTTP reply which includes the web page. So that is not in violation of the no server ban. Now running your own web server, that is in violation.

      Technically many service providers can ban the use P2P applications on this condition. Although rarely do ISPS enforce this rule. But for a cable customer, the bandwith is shared and the upstream is really easy to congest. One valid argument agaisnt peer to peer networking services is that users from all over the world in downloading files from users of the service clog up the upstream bandwith for valid users of the service.

      Now why should you be mad at Optimum Online? Because they didn't enforce their rule on no servers to BAN P2P networks a long time ago. In fact their advertising implicitly specified that P2P networks were one reason for signing up with their service. Maybe if they banned them from the beginning as violating their server rules they wouldn't be such hyppocrites.

      I admit I haven't done more research so I do not know if they sent it out to all users of their service or just the residential cable users. Commercial accounts of most services do NOT have a restriction against using servers. Because most commercial users of high bandwith service want to run web servers or other things for their businesses. Therefore there is no basis for using the no server rule to ban P2P networks since there isn't a no server rule. Additionally invoking a no server rule against commercial customers would be extremely ineffective since most sign up to run servers.

    4. Re:No uploads? by cervo · · Score: 1

      Slight clarification.
      When you don't share the files you aren't acting as a server in some cases. In some networks you always act as a search server(ie early versions of GNUTella, not sure if this is the case anymore as I haven't used it in a while). When you share files users connect to your computer and REQUEST files, then you REPLY and send them the file. When you download music from other users you are functioning more as a client.

      Additionally, some networks have all the users process search requests. Someone submits a search REQUEST and connects on a standard port to your computer, then you search your files and list of computers known to you and send out a REPLY if you have any files along with forwarding the request. There are different variations on exactly what happens with the search. Kazaa does something similar, but slightly different with supernodes. Napster's weakness was that your list of files would be sent to a central server, and all user searches were done on a central server. Hope this clarifies my weird ideas somewhat. The key thing that differentiates clients from servers is that clients send requests and receive replies. While the server accepts requests from multiple users and sends out the replies. This is mostly informal language, but it should get the idea across.

    5. Re:No uploads? by Anonymous Coward · · Score: 0

      Also some P2P systems setup the downloader as the server so the uploader acts as a client to send the file. This method works in reverse to normal file transfer operations, but is done that way for a very good reason: NAT and firewalled hosts.

      If OptimumOnline clients cannot act as servers in any way shape or form, they cannot download from P2P nodes behind a firewall or NAT now either.

      Also what about programs like ICQ? I know ICQ will open up a listening port for sending messages directly. By their no server logic, ICQ should be banned as well.

    6. Re:No uploads? by cervo · · Score: 1

      Like I said, ISPS frequently do not enforce this rule. ICQ is a server because it does open up the port. P2P networks generally have the person sharing the files as a server because in order to get the file you have to send a REQUEST to the user for a connection on a standard listening port. The reason Optimum is cracking down on P2P instead of ICQ is that ICQ sends a bunch of text messages and does not clog the bandwidth. Sending files to multiple users hogs the bandwidth. Ie you have the latest star wars film, 8 or 9 users download it from you at any one time. That clogs the bandwidth...especially if 3 or 4 different people have it.

      I'm just saying that when you signed up for a residential account at optimum, you agreed to not run servers and so they are free to use it at any time legally. Ethically, since they advertised making you feel a reason to sign up is for P2P networks they are not so justified.

    7. Re:No uploads? by AyeFly · · Score: 1

      Two things,
      1- According to the letter, they aren't cutting the cord, just lowering your upload speed if you don't disable file sharing.

      2- They should define what a server is instead of just saying they are prohibited, im sure not everyone has the same view of one. Would AIM be a server since you can send files to others using it?

      --
      Sig- http://www.dreamhost.com/rewards.cgi?ayefly
    8. Re:No uploads? by tuomoks · · Score: 1

      nice comment - define a server (a legal definition, please) ? MS, OSX, RedHat, etc.. update ?? They respond to requests - so, they are servers ??

  2. Re:love by Universal+Indicator · · Score: 1

    Looks like we'll have to go back to the good ol' days of IRC and FTP :-)

  3. Maybe.. by Anonymous Coward · · Score: 1, Insightful

    They're just tired of having bandwidth wasted?

    Oh, and last time I checked, upload != 'grabbing' files. That'd be downloading, eh?

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

      They're just tired of having bandwidth wasted?

      A customer is using the product that they paid for (bandwidth) in the way that they so choose. How in hell is that "wasted"?

      I don't care what their AUP says. If they are advertising, or advertised in the past, a certain cost per month for "unlimited internet access", they have no right to get pissed off when their customers take advantage of that and actually *use* the 24/7 internet access that was advertised to them. If they want to be upset, they should advertise "$50/month, in exchange for which we will let you do most things on the internet, just not the ones we disapprove of, as long as you aren't using the product to anything near the greatest extent of its potential!" whenever they choose toa advertise their service, so that their potential customers will wisely choose to go with the competition. Do that, and i'll say they have a right to care when the bandwidth is what they would call "wasted". But the bandwidth isn't theirs anymore.. they sold it.

    2. Re:Maybe.. by DarkZero · · Score: 2

      They're just tired of having bandwidth wasted?

      Wasted on what? What the consumer bought "unlimited internet" for?

    3. Re:Maybe.. by PyroMosh · · Score: 1

      I tend to agree up to a point.

      In my mind, they could fix this one of two ways and I'd be happy.

      1) Allow *true* unlimited internet access (upload/download, etc.) (preferable, but unlikley)

      2) Just change the way they market their product. It's not my favorite of the two choices, but if they just go and be absolutly up front and say, hey, this is high speed internet access, but if you cause an excessive drain on our resources, we may throttle your bandwidth, or charge you extra.

      Either would make me happy. Inderstand that bandwidth isn't free, and furthermore, it's not cheap. They do have a right to do something like this. The part that makes me unhappy is that they're not very up front about it.

  4. Once Again by cluge · · Score: 4, Insightful

    It doesn't matter if your right, it doesn't matter if you've done nothing illegal, what matters is who has the better attorneys. The logic used here is the same that is used with gun control. Punish the innocent and the people capable of potentially commiting a crime. Assume they are guilty first, ask questions later.

    The cable company capitulated because the legal expenses to fight the threat of legal action is more than sending out a letter to each user. It's really that simple. If this isn't a SURE sign our legal system needs a review, then I don't know what is.

    cluge

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
    1. Re:Once Again by DarkKnightRadick · · Score: 1

      I wonder how many users will just switch to a different ISP.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    2. Re:Once Again by LostCluster · · Score: 1

      A blatent majority of files going accross the named networks are illegal, and nobody is able to contradict that.

      If you have something to share, share it with HTTP on port 80. Yeah, it's nice and traceable if you're sharing something you don't own, but that's the point.

    3. Re:Once Again by ttyRazor · · Score: 1

      They block port 80.

    4. Re:Once Again by PhuCknuT · · Score: 2, Insightful

      They block port 80. Basically they don't want you running ANY servers, not even sshd so you can connect to your own box remotely.

      And they don't stop kazaa and those things by blocking ports, they have some software they've been testing that automagically lowers your upload cap to 128kbit (from 1Mbit) if you exceed some threshhold. And they won't admit it or tell anyone what the threshhold is.

    5. Re:Once Again by jayratch · · Score: 2, Insightful

      Depends on how many live within 1500 feet of a Verizon switch station and can thus get DSL around here. Seems like only a small percentage.

    6. Re:Once Again by Anonymous Coward · · Score: 0

      Rightness/wrongness/legality/illegality of P2P networks does not matter here. It's not a matter of who has the better attornies, either. Companies who provide service have always had the right to refuse customers. OptimumOnline is practicing this right. Nothing more.

    7. Re:Once Again by the_2nd_coming · · Score: 0

      ummm....why don't you run the remote connection stuff on a diffrent port?

      --



      I am the Alpha and the Omega-3
    8. Re:Once Again by NineNine · · Score: 5, Informative

      No, this has nothing to do with whose attorneys are better. It has to do with the fact that when you signed up for service, you signed a legally binding contract saying that you won't run a server. Even the best attorney in the world couldn't defend against this. You agreed to use their service under their conditions. You break the conditions. The contract is null and void. They don't have to provide you service. Don't like it? Find an ISP that allows server usage.

    9. Re:Once Again by Anonymous Coward · · Score: 0

      The cable company capitulated because the legal expenses to fight the threat of legal action is more than sending out a letter to each user. It's really that simple. If this isn't a SURE sign our legal system needs a review, then I don't know what is.

      Actually, it has to do more with the fact that it was pretty dumb or corrupt to not have given the cable providers common carrier status.

    10. Re:Once Again by cervo · · Score: 1

      Along with your attorney comment cluge, another important thing to remember is that historically, the law has been open to many interpretations. If it wasn't, we wouldn't need judges. The difference between winning and losing is who can sell the judge on their interpretation of the law. And the higher priced lawyers can often do that better.

      The DMCA, while ridiculous in many of its provisions is open to much interpretation and that is why companies are crying "DMCA" all the time. The DMCA is becoming a Swiss army knife: to go after hackers and their software, P2P networks, companies who do not put protections on products. This is because lawyers and companies(including the MPAA and RIAA) are successfully pushing their interpretation of the DMCA.

      Additionally, money is also a big help in pushing your interpretation to the government. The constitution of the US itself was created to protect wealth. In many countries, money can buy the politicians. Even countries under the command of a dictator can be influenced by money, or "favors".

    11. Re:Once Again by Psx29 · · Score: 2

      Actually, they only blocked port 80 after code red started to propogate across the network...and have left it blocked ever since. Although optimum online definately doesn't want you running servers anyway, just call up tech support and mention the word "server" in any context and they will flip out.

    12. Re:Once Again by Anonymous+DWord · · Score: 2

      Yeah right. Find me a 10 meg down ISP for 20 bucks a month, and I'll switch in a minute.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    13. Re:Once Again by Anonymous+DWord · · Score: 4, Informative

      First off, I didn't sign a goddamn thing when I signed up. I gave them cash, and they smiled and said thank you.

      Second, I have a copy of the original TOS I got when I signed up, and it doesn't say anything about not running servers. I checked it again to make sure when they spammed me this time (5 emails about not running Kazaa - thanks).

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    14. Re:Once Again by BadBlood · · Score: 2

      While what you say is true, I don't believe anyone with P2P uploads is acting as a server. Isn't the peer to peer model inherently different than the client/sever model? Maybe I'm picking nits.

      --


      Praying for the end of your wide-awake nightmare.
    15. Re:Once Again by timeOday · · Score: 2
      Don't like it? Find an ISP that allows server usage.
      A little ridiculous to "let the market take care of it" when there is no market, don't you think? There's only room for one provider. If they happen to suck, you're SOL because whoever is hogging that slot is preventing a possibly better service from coming along.
    16. Re:Once Again by Unoriginal+Nick · · Score: 2, Interesting

      Very, very few. I'd rather have 10Mbit down/1Mbit up for $30.00 than swith to DSL that's a fraction of that speed for twice the price. For most of us, having fast Internet access is about more than just being able to download music/movies/pr0n from P2P apps.

    17. Re:Once Again by infiniti8 · · Score: 1

      There's an easy solution to all of this.....Ban anyone from d/ling files who doesn't upload files to P2P networks. That way the lazy people who wouldn't even think about complaining will complain when they can't d/l files from their favorite network. When these ISP's, start getting a whole bunch of complaints concerning this issue they have 2 choices...ignore their customers, or submit to what their customers want. Either way we win. If they ignore their customers, they will eventually switch to ISPs that allow uploading. Otherwise they'll allow uploading. Simple and easy don't you think? People won't pay for broadband if they can't even d/l a file. Don't give people a choice, either they complain....or they don't get their files....either they switch to another ISP, or they pay ISP service charges and recieve nothing in return. Simple solution to a simple problem.

    18. Re:Once Again by Anonymous Coward · · Score: 1, Insightful

      You agreed to a contract by using the service. Signature is not necessary. You ARE bound to terms, I assure you. Courts have set precedent for this, even back in the old telco voice-service days.

      If you truly have no server limitations in your TOS, then you're an extremely rare and fortunate person. I've reviews Cable & DSL contracts from across Canada & the USA and seen very few like this and the ones that seemed to allow it, had "these terms subject to change" clauses which may have already been put to restricting use.

      You mention your original TOS. That's fine. But check for the "terms subject to change" clauses that are common. There may be updated terms that you ARE bound to, by agreeing to the original ones.

    19. Re:Once Again by jzaw · · Score: 1


      last time I looked P2P .. WASNT .. a client / server activity

      --
      do acts of random kindness and senseless beauty
    20. Re:Once Again by NineNine · · Score: 1

      Room for one provider? No market? Says who? If people want it, there's a market, period. What are these "slots"? You're not making sense. If even one person wants an ISP that allows servers, there's a market. Whether or not the market is viable for a business depends on the size and type of market (ie: how many people will be willing to pay $xx for y services?).

    21. Re:Once Again by Anonymous Coward · · Score: 0

      Bullshit, that characterization is vague and overbroad. Every time you access some remote system, you are sending packets. Even if you end up uploading 10k per hour, it's still "uploading". If you extend that scenerio, a cable company could claim that every bit you send upstream comes from you running a server. They can then effectively tell you what you should and should not do with your computer and the bandwidth you purchased. They could also then tell you what services you can and cannot use. Sound FAMILIAR??!

    22. Re:Once Again by yneveu · · Score: 1

      Technically, i thinh that the server thing is not a good reason... almost all instant messaging client allows you to act as a server with file transfert features. So they have to rewrite their contracts and specify web only. Even if you can upload files acting as a simple browser user...

    23. Re:Once Again by DarkKnightRadick · · Score: 1

      Maybe so, maybe so. But what right does an ISP (whom you PAY a monthly fee to for unlimited access) have to tell the end user what they can do with what they are purchasing? It'd be like computer manufacturers saying you can't hack with the system you buy from them. Granted the ISP is more able to track you on the net, but that isn't the point. I'd rather be on dial-up and have the choice of using a P2P app then my high speed ISP telling me to turn off KaZaA (which I don't use, but my sister and her fiance do).

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    24. Re:Once Again by GravySkin · · Score: 0

      Dipshit, the computer your get the file becomes the server, you become the client. Then if they get a file from you, you become the server they become the client. Peer to peer is interchangeable file server.

      --
      "never met a Microsoft zealot"
    25. Re:Once Again by Darth_Burrito · · Score: 1

      In a typical file sharing P2P network, everyone is acting as a server. A client sends a request to your machine for a file, your machine serves it up. How could this not be construed as a server?

    26. Re:Once Again by vsavatar · · Score: 1

      Well, while you may be correct about why the ISPs can ban this activity, your solution is nothing short of pure stupidity. I've been hearing people use the "if you don't like it then leave" argument for too many years of my short life and it makes just as little sense today as it did for all those years. It reminds me of what the Catholic church did back in medieval times when they said that everyone had to live by their rules or leave the Catholic church. Of course, leaving the church or being excommunicated meant that you would likely starve to death and be shunned from society. Sure, this is a little less extreme, but it follows the same principle in that the average American is dependent on the Internet for their day-to-day life.

      First of all, there is virtually no such thing as a residential class broadband Internet service provider that allows the use of servers on their network so there isn't an option to "find an ISP that allows server usage" in most areas of the USA.

      Second of all, virtually every service in the USA that does allow server usage is business class and costs a minimum of $400 per month to maintain. Most home users do not have that kind of money.

      Third, I pay $50 a month for broadband access to the Internet. I should be allowed to do whatever I want to with that bandwidth as long as it falls within the limits of the law. I'm not saying the ISP needs to give me all the bandwidth I want. If they can prove that my bandwidth usage is hurting their network in some way then they should be allowed to throttle it to a reasonable extent to keep their QoS for other customers intact.

      In conclusion, because there are almost no residential ISPs and because all business class accounts are cost-prohibitive for the average home user, there is therefore no availability for a home user to switch services. Because of this, your solutions is flawed in that it is not plausible.

      I suggest civil disobedience to deal with the problem. If we get enough of this company's user base to bitch, moan, complain, and threaten to cancel service, and just outright break ToS by using P2P services and servers then they will back down or they will go bankrupt from losing all their customers. Quite a few laws in this country have been changed partly because of civil disobedience. There's no reason we can't get an ISP to change their ToS if they're faced with losing a significant portion of their customer base.

    27. Re:Once Again by Anonymous Coward · · Score: 1, Informative

      just to debunk this guy. I recently signed up for Optimum Online. One of their new deals is no contract to sign. Which means this agreement is not a contract, hence NOT legally binding.

    28. Re:Once Again by Alsee · · Score: 2

      won't run a server

      Yeah, sure. I'd love to see them advertize that we can't play online games, such as Starfleet Command.

      So yeah it's in the contract, but it's stupid. If they actually enforced it all sorts of programs would fail and I'd go back to dialup or I'd get DSL. And so would a hell of a lot of their customers.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    29. Re:Once Again by Unoriginal+Nick · · Score: 2, Informative

      They aren't stopping you from using P2P apps, they're just slowing down the uploads (to 125Kb, which is still much faster than a modem) for those who upload more than a certain limit. Most people really don't know that, by default, they're running all the time in the background, and how quickly that can add up to GBs of data on a very fast connection, like OOL has. It's also a temporary cap, and I'd much rather have that, than to permanently cap the uploads for everyone.

    30. Re:Once Again by numark · · Score: 1

      Actually, it is. Take the Gnutella network for instance. The program you use to connect to the network is called a servent, a contraction of "server" and "client." Each node serves as both. You're a client when you request files from another computer, and you're a server when you're the computer sending those files. This system extends to Kazaa and any other P2P app out there, because all make a direct connection between the requesting client and the node that serves the files.

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    31. Re:Once Again by numark · · Score: 1

      You can play online games. The game that you're playing initiates a connection to an external server, so buy definition your game is a client, not a server. Now, if you're talking about creating games, then yes, you are creating a server. And most ISPs out there prohibit you creating game servers. The only games I can think of that don't create servers are those based on Battle.net (Diablo, Starcraft, etc.) because those are done through intermediary servers.

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    32. Re:Once Again by Anonymous Coward · · Score: 0

      no, thats why its called Peer 2 Peer, fucktard

    33. Re:Once Again by shannara256 · · Score: 1

      > The only games I can think of that don't create
      > servers are those based on Battle.net (Diablo,
      > Starcraft, etc.) because those are done through
      > intermediary servers.

      Starcraft and Diablo both create servers. If you're hosting the game, you're running a server. Fire up netstat some time... I know for sure that Diablo II creates a server, I believe on port 4000, and connects to itself the same way other players' clients connect to you. Battle.net is a matchmaking service, no more (with the exception of the Diablo II realms).

    34. Re:Once Again by Alsee · · Score: 2

      The game that you're playing initiates a connection to an external server, so buy definition your game is a client, not a server.

      NO.

      The game *I* am playing has to be created by one of the players. And it is not unusual to have 2 player games, so one of the two players *has to be* be the server.

      So yes, it is a major problem.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    35. Re:Once Again by Anonymous Coward · · Score: 0

      So if I select the firewalled without the ability to accept connections, and upon receiving a PUSH, connect to the other user (who is the server) and upload the music file to them, who is the real server, and who is the client? FTP clients can "put" as well as "get" a file from a server.

    36. Re:Once Again by jez9999 · · Score: 1

      I didn't sign a goddamn thing when I signed up.

      LOL! How's that for dumb quote of the year?

    37. Re:Once Again by DarkKnightRadick · · Score: 1

      Maybe so, but you are not paying for unlimited internet access which has limits! Shouldn't that be a breech of contract on the ISP's part? At the very least it is now false advertising. You no longer have unlimited internet access. They can no longer make you pay for unlimited access. Therefore reduce my bill or remove the cap.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    38. Re:Once Again by jez9999 · · Score: 2

      A 'slot' is where a company installs cable in an area, and then gets LEGISLATION which guarentees that they have exclusive rights to provide cable services in that area. That's where there is no room for another highspeed ISP, at least via cable. Even if there isn't that legislation in place, the costs of setting up a rival cable network, not to mention the ludicrous network duplication, prevent another company from doing so.

    39. Re:Once Again by numark · · Score: 1

      What I meant is if you're merely _playing_ the game, not creating one, then you're merely serving as a client. Sorry for my bad choice of words at 2AM ;)

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    40. Re:Once Again by Unoriginal+Nick · · Score: 1

      They don't advertise unlimited access, they advertise always on, which is quite a bit different. As long as I've been with them, they've had a section in their TOS that said excessive bandwidth use wasn't allowed, so I knew what I was getting when I signed up. Anyway, far more people care about their download speeds, which they don't touch, no matter how much one downloads.

    41. Re:Once Again by DarkKnightRadick · · Score: 1

      Well, everytime I've seen an ISP ad on tv, it's been "Pay such and such for unlimited access". AOL is the biggest advertiser of this by far, with other dial-up ISP's doing the same (such as netzero and what not).

      Running a webserver, I care about both upload and download speeds.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    42. Re:Once Again by Rogerborg · · Score: 2

      Before they went Dark Side, Music City (Morpheus) allowed you to specify a "leech limit" so that only people sharing a certain number of files could download from you. It was a pretty simple check, and relied on the peer at the other side being honest, but it was a good start.

      Kazaa (well, Kazaa Lite) also has a concept of involvement and blocking, but it's too complex to be easily understandable, and isn't used much AFAIK. It's certainly a good idea though.

      --
      If you were blocking sigs, you wouldn't have to read this.
    43. Re:Once Again by Rogerborg · · Score: 2

      Look harder. What are you using? Kazaa on Windows, most likely.

      If so, try clicking on this (or change the port number to the one Kazaa is actually using): http://localhost:1214

      Lookit all that information being served to you! What do you think is doing that: the tooth fairy?

      --
      If you were blocking sigs, you wouldn't have to read this.
    44. Re:Once Again by Anonymous Coward · · Score: 0

      it is very simple ...

      it is called Barriers to Entry and it is a very real thing ... or have you never heard of microsoft and all its viable competitors?

    45. Re:Once Again by Anonymous Coward · · Score: 0

      You agreed to use their service under their conditions. You break the conditions. The contract is null and void. They don't have to provide you service.

      True, but I think the whole point is that ISPs promise everyone broadband pie-in-the-sky, get you to commit to a contract, take your money, then whine about lack of bandwidth and change the terms of service.


      In the old days that was called fraud, now it is called a standard business practice.


    46. Re:Once Again by ces · · Score: 2

      Try Speakeasy. Yea they may be more expensive than what your cable company or ILEC is charging and their advertized speeds may be lower but you will be glad you did. Why? you ask? Well:
      1) static IP addresses, including DNS if you need it.
      2) no ban on servers or P2P networks
      3) cool people and no BS
      4) network not oversold.

      I hear people go on about how fast their cable connections are but I really have yet to see it. Most cable companies don't have enough bandwith going into their networks to support even a fraction of their users. What good does a 10mb down connection do if you are sharing a 10mb headend connection with 5000 other users to the net?

      Also I would like to point out there are diminishing returns in having a connection over about 768k. I've worked in several places with T1 (1.5Mb) or better connections, my average download speed for most sites was between 600 and 800 kb/s even on the site with a 100Mb fiber connection.

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    47. Re:Once Again by ces · · Score: 2

      Try Speakeasy DSL. They allow servers, they allow P2P, they support wireless connection sharing, they have very few restrictions on how your connection is used.

      Way cool, good service.

      I have no connection to Speakeasy Networks other than being a very satisfied customer.

      --
      Happy Fun Ball is for external use only.
    48. Re:Once Again by ces · · Score: 2

      At the risk of sounding like a broken record, try Speakeasy DSL. They allow servers on residential class connections, they'll even give you a static IP to use it with. The service you want may end up being a bit more than $50/month but it is likely to be less than $400/month. For example in many areas they offer 1.5M down/768k up for $99/month.

      --
      Happy Fun Ball is for external use only.
    49. Re:Once Again by Ravensfire · · Score: 1

      Hmmm, my ISP is a residential provider that has NO problems with servers. They just ask that you don't abuse the system.
      Why civil disobediance? Why don't YOU actually create a solution to the problem? This is a commercial issue - start your own ISP giving your customers the service you think they should get. There's no reason why you can't start your own company.

      --
      "But we decide which is right, and which is an illusion"
    50. Re:Once Again by Ravensfire · · Score: 1

      Oh yeah, of course you're right about that.

      Maybe, just maybe, you ought to read what many other have posted here, and posted in other articles about verbal contracts and implied contract. Perhaps you ought do some basic research first about the validity of those agreements.

      --
      "But we decide which is right, and which is an illusion"
    51. Re:Once Again by DarkKnightRadick · · Score: 1

      True. When my connection was 1.5Mb (yes, I use cable and my ISP offers that kind of speed) I got no better then what I have now (220K/s), but I think it's wholly due to the slow ass systems I run.

      --
      "There is a way that seems right to a man, but its end is the way of death." Proverbs 16:25 (NKJV)
    52. Re:Once Again by vsavatar · · Score: 1

      Actually, the reason is that I don't have $2,000,000 to invest in a new ISP otherwise I would. I'm sure I could do a much better job than most of these lameass residential providers can, but there's that thing called money that I don't have to invest and for some reason, banks are unwilling to lend me $2 million dollars. Wonder why that might be. A solution is only a solution if it's viable and feasible. Otherwise it's just idle chatter with no meaning.

  5. well, it is illegal by napoleonin · · Score: 4, Insightful

    This may seem heavy-handed, but most of the stuff they're uploading is probably copyrighted, and hence illegal to share. So, really all the ISP is doing is banning people from breakng the law. Just because you don't agree with a law doesn't make it ok to break it with impunity - if that was the case, nobody would drive the speed limit.

    1. Re:well, it is illegal by Anonymous Coward · · Score: 0

      Oh, wait. Nobody does drive the speed limit... at least nobody who's genuinely concerned with traffic safety. I guess not all laws are equally valid, huh?

    2. Re:well, it is illegal by m1a1 · · Score: 4, Insightful

      This may seem heavy-handed, but most of the stuff they're uploading is probably copyrighted, and hence illegal to share. So, really all the ISP is doing is banning people from breakng the law. Just because you don't agree with a law doesn't make it ok to break it with impunity - if that was the case, nobody would drive the speed limit.

      They are also stifling legal uses such as freely distributable bootlegs, indy music from bands that want everyone to download a copy etc. Sure, most of it may be trouble, but this hampers legitimate use as well.

    3. Re:well, it is illegal by Anonymous Coward · · Score: 1, Insightful

      probably copyrighted? Yeah, and the stuff you do with a gun is probably illegal ... the stuff you do with your computer is probably against the law ... and, who knows, the stuff you do with certain "literature" the government doesn't like might not be good. HENCE it should all be stopped. Right now.

      Let me get this straight, okay? I might do something that could be wrong if I probably was going to do it, so it should definately be stopped ??

      Isn't the saying, I'd rather ten guilty men are let go than one innocent person is sent to jail? Why do so many want to turn that around!

    4. Re:well, it is illegal by saskboy · · Score: 5, Insightful

      stuff they're uploading is probably copyrighted

      You just shot your logic in the foot with the "probably".

      The law does not work on Probably, and Maybe. It either is unlawful or it isn't. Sharing copyrighted files is illegal in many places, but networks that *can* share copyrighted problems are not.
      Guns are bad in many cases and should be restricted, but they are not illegal. They can be used for good or bad. Perhaps P2P needs some restrictions, but not outright prohibition.

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    5. Re:well, it is illegal by Anonymous Coward · · Score: 0

      What about musicians uploading their own songs?

      Or other non-copyrighted files? What if you want to P2P share your latest Linux kernel?

      Not all P2P file sharing is illegal.

      JD

    6. Re:well, it is illegal by Anonymous Coward · · Score: 0

      Why don't you just have the RIAA or MPAA program your brain directly?

      You know, DUIs suck. You know, the drastic cost in terms of dollars and lives is far too much. Maybe we should ban automobiles. We should ban alcohol for consumption too--wait...we did that....

      And no, I don't believe DUIs and P2P networks are the same or anywhere equivalent for comparison. But this person obviously thinks that because you are involved with P2P networks, particularly uploading, you're doing something illegal. How lovely. A person walks into a bar is obviously a drunk.

    7. Re:well, it is illegal by the_2nd_coming · · Score: 1

      if it is a legitamet file, then I am sure someone (like the band) allows free downloads from their website.

      --



      I am the Alpha and the Omega-3
    8. Re:well, it is illegal by Anonymous Coward · · Score: 0

      Yeah, but who maintains the roads? the government. who maintains the internet connections? a private company. A private company does not have the force of law. Only the government has that. It is totally illegal for a corporation to take law enforcement into it's own hands, just as it is illegal for you to avenge your brothers death by killing his murderer. Corporations should not be allowed to act as police. It's not a matter of anything but law, and the rights given by the constitution. There is nothing else to consider. No thing should (or used to be able to) override the constitution. Now we see it happen every day. My heart falters every time I read about things such as this, as we draw ever closer to throwing the constitution out the window.

    9. Re:well, it is illegal by EvilAlien · · Score: 2
      Don't think that is the main motivation of any ISP. A data carrier is not responsible for the contents of the data transmitted, stopping customers from breaking copyright protects the customers (unless you are in Canada, where there is law on the books introducing ISP liability for caching of material... see Tariff 22 will be the death of Canadian Internet Radio and Intellectual Property laws meet the modern age for discussion on the issue).

      Cable internet services are designed for downstream data at high rates, as are the cable plants (the RF networks themselves). Upstream is a huge problem, and P2P represents a substantial portion of network traffic... scaling to meet the demand placed on the network by a small segment of users (P2P bandwidth hogs) does not make good business sense. Ask any cable operator, look at specs for cable equipment, do a little research and you'll see that limiting upstream, specifically going after P2P usage, is a coming trend that makes sense. This massive upstream used by a small proportion of users is the same as running a high traffic FTP server on a residential service. It is abuse. Whether it is illegal or not isn't relevant, P2P costs ISPs money and hurts other customers by degrading network performance.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    10. Re:well, it is illegal by Anonymous Coward · · Score: 0

      read the comments under the Phish article:
      It's quite clear there is plenty of legal music swapping.

    11. Re:well, it is illegal by Anonymous Coward · · Score: 0

      and if it is a legitimate file, then I SHOULD BE ABLE TO SHARE it. Lets take advantage of the legal definition, and instead of sharing files over a gnutella server, lets run it all over SMTP. What, they're going to block me from sending mail now too? bugger the fuckers, for being such assholes.

    12. Re:well, it is illegal by Comster · · Score: 1

      Did you just say Canadian Internet Radio?

    13. Re:well, it is illegal by Anonymous Coward · · Score: 0

      The whole point of getting Cable (versus DSL),
      *IS* the symmetrical content. I hate to tell you this, but the *whole point* of the internet is to allow people to communicate. Not just media outlets.

      NOTE: This does not mean my only available choices should be to read sanitized CNN and DISNEY. I hope somebody hacks ur box and forces ur DNS to only return results for the .kid domain; then see how much you like the end result of ur stupid thinking.

    14. Re:well, it is illegal by Anonymous Coward · · Score: 0

      Well said. Bandwidth isn't free as some people seem to think. If you want more than your fair share you should have to pay more.

    15. Re:well, it is illegal by AKnightCowboy · · Score: 1

      Then get a business account if you plan on a lot of upstream traffic and pay for what you use. I'm amazed people still believe they're entitled to $50/month 1Mbps uploads with no caps. God help the ISP if they try to cap it because they're suddenly the spawn of Satan. These leeches will ride them all the way under into Chapter 11 bankruptcy and then bitch when they go out of business that there are no alternatives for broadband. A constant 1Mbps of bandwidth is several hundred dollars a month at a minimum.. don't expect to get it for less and have the ISP stay in business. It's just a silly notion.

    16. Re:well, it is illegal by sinan · · Score: 1

      I thought that was called prior restraint and was illegal in this country...

      sinan

    17. Re:well, it is illegal by shepd · · Score: 1

      >This may seem heavy-handed, but most of the stuff they're uploading is probably copyrighted, and hence illegal to share.

      Did you know that most pencil torches, easily available from Radio Shack are infact used to heat crack spoons, and that "surprisingly" they aren't used to melt solder onto tram cables?

      So, why aren't they busting Radio Shack for their illegal sales?

      Oh, right, because the possibly illegal use of something doesn't mean you can't sell/use it (legally). That's why I can still buy/use indian cerimonial tobacco-water bongs, if I want to.

      >Just because you don't agree with a law doesn't make it ok to break it with impunity - if that was the case, nobody would drive the speed limit.

      But you speak as if all cars should be goverened to to a maximum of 65 MPH... Fortunately, this isn't the way things work (although some rice-burners are governed, for your safety).

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    18. Re:well, it is illegal by Anonymous Coward · · Score: 0

      As I often said during the civil rights movement in the 60s, if a law is wrong, you don't have to obey it. And why would this be any different?

    19. Re:well, it is illegal by Leo+il+Leone · · Score: 1

      "if that was the case, nobody would drive the speed limit."

      OptOnline is primarily on Long Island (where I live)... Believe me. No one drives the speed limit here. Not even close.

      --
      Move along. No sig to see here.
    20. Re:well, it is illegal by duffbeer703 · · Score: 2

      Kazaa and Napster are forms of P2P, but do not really represent what P2P really is.

      There is no "probaly" or "maybe" with Kazaa or Napster. A responsible P2P application would include some sort of technology designed to identify copyrighted material and not allow it to transfer.

      P2P applications can do great things -- I am currently working on an internal enterprise-wide P2P app to allow office workers to easily share files and information. Eventually, this app may grow to transport and store internal email on overpowered, underutilized workstations, freenet-style.

      But the crop of "sharing" applications currently identified as P2P apps are no such thing. They are parasitic software that allow anonymous users to break the law.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    21. Re:well, it is illegal by Anonymous Coward · · Score: 0

      Let's not split hairs here. If you are involved with P2P networks, you are pirating copyrighted material.

    22. Re:well, it is illegal by mochan_s · · Score: 1

      WTF? What if it is copyrighted? I could copyright my song and still distribute it legally on a P2P network.

      A lot of open source code is copyrighted and it is perfectly legal to distribute over a P2P netowrk.

    23. Re:well, it is illegal by akb · · Score: 2

      There are noninfringing uses that take place on p2p networks. All the Red Hat mirrors slammed for a week after the newest release? Try Edonkey.

      In general our legal system takes a dim view of prior restraint on speech when there are noninfringing uses.

      Lawerence Lessig tells a story about this, he shared some of his talks as mp3s from his Stanford campus office w/ a p2p app. The campus netops went into his office and shut it down and wrote him a note similar to the one OO sent, we're trying to protect you bla bla.

    24. Re:well, it is illegal by grmoc · · Score: 2

      You are implying that using the service up to the limits offered by the specs of the service is abuse.

      I would argue that it is not abuse, it is simply fully utilizing your connection.

      If it turns out that this is unacceptable, then they need to offered tiered service.

    25. Re:well, it is illegal by cookiepus · · Score: 1

      Nobody drives the legal limit.

    26. Re:well, it is illegal by vsavatar · · Score: 1

      One problem with your reasoning here. If the band isn't in bed with the RIAA there's a decent chance that they don't have the funds to run an expensive website with tons of bandwidth regardless of how popular they are. This makes it so they either have to cap the number of active connections downloading their music at a relatively low level or they have to make their users deal with God awful download speeds. Both of these interfere with their ability to effectively distribute their music.

    27. Re:well, it is illegal by Alsee · · Score: 2

      A responsible P2P application would include some sort of technology designed to identify copyrighted material and not allow it to transfer.

      And why the heck is it the responsibility of the P2P application to "identify copyrighted material"?

      Not that it is possible for P2P the application to do so anyway. The closest you can get is to give the application a list of prohibited material check against the list. Considering that there is an arbirarily large number of copyrighted files it is impractical. And that application still wouldn't be able to identify a file that has been altered, say by running it through a compression program like ZIP, ARJ, or TAR. Expecially if it is excrypted.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    28. Re:well, it is illegal by numark · · Score: 1

      Prior restraint refers to _government_ censorship before publication. This is done by a private company, which is free to do whatever it wants with their network. Not only that, but they're punishing you for the act _after_ you commit it, not before.

      --
      Want Slashdot headlines on your site? Try SlashHead
    29. Re:well, it is illegal by deblau · · Score: 2
      Well said! On the whole, I agree with you. I still have a question, however:

      Guns are bad in many cases and should be restricted, but they are not illegal.

      Aren't you yourself just now guilty of making a broad generalization? The law doesn't work on "bad in many cases", any more than it works on "probably" or "maybe". A gun, like a P2P client program, is a tool. In the case of a gun, it's a tool for putting deep holes in things, but it's still just a tool (as you pointed out).

      I'm curious as to the types of restrictions you would have placed on normal citizens to prevent them from using tools. If your intent is prevention of crime, it won't work -- people will just use other tools to commit their crimes. They're creative that way. If your intent is to limit the damage of crime, so be it, but then I would argue that your restrictions equally limit the good that can come from said tool.

      Please explain further.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    30. Re:well, it is illegal by webmaker · · Score: 1

      "... but most of the stuff they're uploading is probably copyrighted" You're probably a murderer so let's throw you in jail now before you do it... Anyone see minority report? If you're too stupid to see what this is doing to your 1st amendment rights and how it's affecting your future and the future of your children then you really need to wake up. I do not condone theft but NO ONE should have the right to censor and oppress you just because you MIGHT do something wrong!

    31. Re:well, it is illegal by PyroMosh · · Score: 2

      Okay, everyone else seems to like the gun vs p2p analogy, so I'll bite too...

      A responsible P2P application would include some sort of technology designed to identify copyrighted material and not allow it to transfer.

      A responsible firearm would include some sort of technology designed to identify innocent people and not allow it to shoot them.

      What's the difference? Aside from the huge difference in consequences of shooting vs downloading, not much (from a tech standpoint). Both are problems that technology just can't currently fix. You can't write p2p software to identify copyrighted content any more readily than you can design a gun that refuses to fire at the good guys(TM). Both would be nice, but how do you implement either one?

    32. Re:well, it is illegal by RallyNick · · Score: 1

      >Just because you don't agree with a law doesn't
      >make it ok to break it with impunity - if that
      >was the case, nobody would drive the speed limit.

      FYI, in most places with ridiculous speed limits a majority of drivers will drive well above the limit in light/medium traffic, even with cops around.

    33. Re:well, it is illegal by duffbeer703 · · Score: 2

      Technology combined with legislation will "fix" the problem.

      It is unclear to systematically determine whether a person, object or animal is a legitimate target to shoot.

      It is very clear that downloads of media amoung anonymous users are breaches of the law. Software and media companies are working on just such a tool to verify that fact and enforce the law -- and that tool is Digital Rights Management.

      Just as SSH keys, PIN numbers and keys identify users, cryptographic hashes will identify media and software.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
    34. Re:well, it is illegal by Anonymous Coward · · Score: 0

      How sad - in order to keep your job you have to alter your mindset to agree with DRM. I bet you're in denial about it too.

    35. Re:well, it is illegal by PyroMosh · · Score: 2

      They're working on smartlocks for guns too. It's imperfect technology too.

      Sure there is such a thing as DRM. Windows Media and other formats support it. But NOTHING keeps me from playing a CD in my CD player, then outputing the analog audio into my mic jack and creating a new copy in MP3, or hell, even using a DRM enabled format such as Windows Media!

      Here's the problem: Just like, you can't make a guy to make a decision as to weather shooting someone is wrong or right, you can't write software to do the same thing. Let's put aside DRM's main problems for a moment. What about non DRM formats? You can't just get rid of non DRM formats like MP3. It's like trying to take pee out of a pool. They're invented and now entrenched. The only way to protect against these things it so have clients "listen" to each song and try to identify the songs from a datbase. This is a HUGE technical challenge. Not only do you have to compensate for diffrent file sizes, different play lengths, (some MP3s may have an extra second or two of silence at the ends) diffrent bitrates, diffrent frequencies, etc. But you also have to figure out how the HELL to compensate for diffent performances. No Doubt once did a cover of REM's "This Is The End Of The World As We Know It". It's obviously (to a human) the same song, but the performance is dramaticly diffrent. Not to mention, that in order for a computer to recognize these songs, you'd have to have a database of every copyrighted song written EVER to compare against. Yeah, that's a small task. We're talking about mixing several seperate holy grail type technologies. Voice recognition (something computers are bad at) voice interpretation (something computers are bad at) pattern recognition (something computers are good at) with the ability to recognize subtle creative diffrences (something that computers are bad at) incorperating a massive database of records (something computers are very good at, but which would be an enormous undertaking to create), etc, etc, etc.

      Then you get to one more problem after you've solved all the problems above: How do you make someone use a tool designed to stop them from doing what they want, when other tools exist?

      If smart guns go into production, criminals will look for older guns. Same thing with smart-clients. Nothing will stop me from using an old version of a gnutella client, and an old version of winamp.

      This is not as trivial a technical problem as you make it out to be. Wait until we have near perfect voice recognition (by near perfect, I don't mean 99.99%, I mean a mis-recognition rate as low or lower than humans) and the ability of computers to UNDERSTAND what they're being told. Then we'll be *close* to being able to have true DRM. Now, we're light years away from effective DRM.

    36. Re:well, it is illegal by duffbeer703 · · Score: 2

      I never said that DRM is a perfect technology, or even something that I am in favor of.

      What will happen eventually is that conventional CDs will be replaced by some soft of Audio DVD or other format which includes public keys embedded with each song. Players will need to authenticate off of some sort of private or master key.

      Each copywrited recording will have a CRC or MD5 fingerprint generated -- no need to do voice recognition.

      The whole idea of copy protection isn't to make copying impossible -- just difficult enough to discourage the average user. Today $300 PC's are shipping with CDR drives that are capable of copying any CD. The people who peddle need to replace the CDs with another technology to survive.

      You can make recording of new songs and use old clients to decode them, but the average person won't. I think the way music label's see it, the current methods of discourage copying of music are 0% effective. If they make it difficult for 40% of the population to copy CDs, they have just increased their market that much more.

      --
      Conformity is the jailer of freedom and enemy of growth. -JFK
  6. One of two things will hapen: by esanbock · · Score: 0

    Customers will use different ports (if port-blocking is installed), or they will just find another ISP.

    1. Re:One of two things will hapen: by BrianGa · · Score: 2

      The problem is that there is no other ISP in the NY metro area that comes close to Optimum's upload bandwith while being relatively close in price. Optimum threatened to terminate my account if I continued to upload. They are tracking bandwith statistics, so switching ports will do nothing to solve this.

    2. Re:One of two things will hapen: by LostCluster · · Score: 2

      So pay the higher prices.

      OO is offering a consumer-class service that comes with huge download bandwidth and little upload bandwidth. If you want huge upload bandwidth, you have to pay for it.

    3. Re:One of two things will hapen: by surprise_audit · · Score: 2

      Or host your uploads on an offshore server...

  7. p2p by Anonymous Coward · · Score: 0

    you copylefttists need to die

  8. Timid ones by Anonymous Coward · · Score: 0

    If that is "disturbing news" I think you should stop paying your electric bill and build an underground disney-themed shelter.

  9. Upload vs. Download by syntap · · Score: 2, Insightful

    I remember not to long ago where OptimumOnline ran TV ads touting the ability to grab music from the Net

    Right... cutting off the upstream means you can't UPLOAD music... you can still download all you want.

    1. Re:Upload vs. Download by echucker · · Score: 2

      Exactly. As a matter of habit, I only share the directory I download to, and immediately clear it after the file is completed. Looks like Optimum Onile users might want to start doing the same....

    2. Re:Upload vs. Download by Lordfly · · Score: 1

      ..and then everyone else does it on the network, and then - LO AND BEHOLD - you can't download any files because no one is sharing, for fear of legal retribution. The p2p network shuts down, you end up with some spyware, and it's a done deal. The Man wins. :)

      Josh

      --
      hookers and grits.
    3. Re:Upload vs. Download by Hadean · · Score: 2

      They aren't cutting off the upstream, just capping it. It's another misquote from Slashdot.

    4. Re:Upload vs. Download by jayratch · · Score: 1

      And this is news because...

      Optimum is terrible for uploads anyway. I've never had a single file successfully upload beyond modem speed on my Optimum. Though that could be the fault of my firewall, who knows, but a) this will not affect my use of their service one bit, b) evil sharers like me don't use Optimum's email service, thus we didn't recieve this letter.

    5. Re:Upload vs. Download by Anonymous Coward · · Score: 0

      There's always USENET.

    6. Re:Upload vs. Download by Unoriginal+Nick · · Score: 1

      Optimum is terrible for uploads anyway.
      No it isn't! I get very close to the 1Mbit limit on the rare occasions I upload something.

    7. Re:Upload vs. Download by Anonymous Coward · · Score: 0

      Good job, leech. That'll help.

    8. Re:Upload vs. Download by Anonymous Coward · · Score: 0

      And as a matter of habit, if I find somebody leeching off of me who has no shared files, I kill their download...

  10. IN SOVIET RUSSIA by Anonymous Coward · · Score: 0

    P2P networks ban uploads to Optimum Online!

    1. Re:IN SOVIET RUSSIA by Anonymous Coward · · Score: 0

      Actually, if OptimumOnline has nothing to share with the rest of the network that really should happen. When customers find out they can't use P2P networks at all anymore (upload and download) then they will abandon the ISP and use someone else.

  11. Uploads Only by athakur999 · · Score: 2

    From what I can tell, they're only trying stop to uploads, not downloads, so you're ability to download music from the net isn't affected.

    So basically, everyone on that ISP is forced to be a leech. Given that most people on P2P networks are already leeches, this won't be much of an effect. :)

    --
    "People that quote themselves in their signatures bother me" - athakur999
    1. Re:Uploads Only by Anonymous Coward · · Score: 0

      No shit. Besides, cable (and I suppose DSL) uploads are horribly slow anyway. Most of the people you'll want to download from are on much faster connections, which typically means they aren't subject to policies like this.

  12. Re:love by Anonymous Coward · · Score: 0

    Sorry, all the people who actually have a clue how computers work never left IRC and FTP. The only people who use P2P are the people who don't have any clue and who don't want a clue. These are the people who think the Internet is only the WWW. Oh and of course their P2P.

  13. DMCA Violations by papasui · · Score: 5, Insightful

    At my present job, we recieve DMCA violation tickets sent to us, which include the ip address of the customer that was sharing files. We then track down the customer based on the ARP logs and issue them a letter notifying them that they are in violation of our Acceptable Use Policy which prohibits the usage of servers on a residential service, as well as our clauses that allow us to terminate a customers service. If we recieve 3 DCMA tickets from a particular customer we permanetly terminate their service. On a side note, due to the asynchrous nature of most cable modem service, as well as the fact that a node is essentially a LAN, I can certainly understand the concern about people constantly uploading files. Saturating the forward path can cause problems with download traffic as TCP requires ACK packets to be sent stating that a packet has reached it's destination, if the ACK packet is not recieved the packet needs to be re-transmited. So the next time you think your not causing any problems for anyone when you spent the last 2 weeks on Kazaa allowing people to leech files think again.

    1. Re:DMCA Violations by radish · · Score: 5, Insightful

      And of course you do all this because someone TOLD you that there were copyrighted files being shared yes? I don't see the step where you verify the truthfulness (or otherwise) of the complaint you recieve?

      Jerk.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    2. Re:DMCA Violations by papasui · · Score: 4, Informative

      We recieve a list of copyright materials that were sucessfully downloaded from the individual. As the law currently stands, we have to uphold the request of the copyright holder, and if we don't do this then we can have legal action brought against us. If you don't like the law, I would suggest contacting your senator.

    3. Re:DMCA Violations by rmohr02 · · Score: 3, Interesting

      Okay, it does make a difference on cable modems, but not on 56K or DSL.

      For DSL, I'm paying for a constant speed anyway, and they damn well better let me use it.

      For 56K, nobody cares.

    4. Re:DMCA Violations by Anonymous Coward · · Score: 0

      Who sended the tickets?

      In the country where I live, it's illegal for ISPs access customers information without a court order.

    5. Re:DMCA Violations by jhunsake · · Score: 1

      And you accept that list as fact? Nice innocent-until-proven-guilty implementation there.

    6. Re:DMCA Violations by DAldredge · · Score: 2

      Do you also grant your paying customer his full rights under the DMCA?

    7. Re:DMCA Violations by LostCluster · · Score: 2

      Actually, the right to sue somebody for false assertion of DMCA rights belongs to the wrongly accused infriger, not the ISP who got the notice.

    8. Re:DMCA Violations by domninus.DDR · · Score: 1

      My cable company (charter) and I think at least a few other also now provide quality of service subscription plans

    9. Re:DMCA Violations by papasui · · Score: 2

      BTW I can tell none of you know anything about how the DMCA works, the ISP just passes on the complaint that is alleged by the company who informed us with their evidence, should the information be incorrect the accused can sue the company who made the complaint. In the case that the person who sues sucessfully defends theirselves in court, there service would be restored.

    10. Re:DMCA Violations by MegaHamsterX · · Score: 1

      This would be the correct thing to do, if valid evidence is presented. The individual should also have the report of the DMCA violation sent to them so if they choose they can fight the originator in court. In most cases the DMCA violation is fact, and is piracy of copyrighted materials. That's the risk you take being a pirate. I think they've been pretty laid back considering how the cable company reacts to piracy.

    11. Re:DMCA Violations by LostCluster · · Score: 2

      Huh? Guess what, your DSL line itself might not be shared bandwidth, but guess what happens on the other side when it meets it switch. If everybody maxes their DSL line at the same time, the switch doesn't have enough outbound for everybody.

    12. Re:DMCA Violations by CtrlPhreak · · Score: 2

      That's not the problem of the customer, it's a problem with the ISP. If they sell accounts with gauranteed constant speed then they should provide the infrastructure to handle what they promise. Just because they don't provide what they sell doesn't mean that it's the fault of the user for using what he/she has paid for.

      --
      WikiAfterDark.com It's a sex wiki, go now!
    13. Re:DMCA Violations by papasui · · Score: 2

      I've yet to see an ISP that gurantees a speed, they usually state that your speeds will be up to or exceed.

    14. Re:DMCA Violations by DAldredge · · Score: 1

      I am talking about the right of the accused to provide a sworn statement they did not do what they are accused of to have service turned back on.

      From: http://www.chillingeffects.org/dmca512/

      "While the safe harbor provisions provide a way for individuals to object to the removal of their materials once taken down, they do not require service providers to notify those individuals before their allegedly infringing materials are removed. If the material on your site does not infringe the intellectual property rights of a copyright owner and it has been improperly removed from the Web, you can file a counter-notice with the service provider, who must transmit it to the person who made the complaint. If the copyright owner does not notify the service provider within 14 business days that it has filed a claim against you in court, your materials can be restored to the Internet."

    15. Re:DMCA Violations by lactose99 · · Score: 2

      For all DSL carriers I've seen, unless you have a business-class SDSL account, you aren't guaranteed any upstream or downstream bandwidth outside of "best effort" service.

      --
      Fully licensed blockchain psychiatrist
    16. Re:DMCA Violations by dissy · · Score: 2

      Ok.. I herby submit three complaints (once today, once they day before, and once they day before that) that they user by the nick of "papasui" has voilated the DMCA. Please terminate his service :)

      Oh, you mean staff gets special concideration? funny that

    17. Re:DMCA Violations by Maskirovka · · Score: 2

      Civil disobiance:
      send fake DMCA C&D letters to ISPs!

    18. Re:DMCA Violations by numark · · Score: 1

      It's a moot point whether they were actually sharing copyrighted files or not. The main reason service can be cut off is because they're running a server. Even if they were trading legal files from the server, they still were violating the TOS when it says "no servers allowed on our network." The complaint need not be substantiated to prove this violation of the TOS, since it's blatantly obvious these people were running servers for whatever legal or illegal purpose.

      --
      Want Slashdot headlines on your site? Try SlashHead
  14. Letter is a little misleading... by dagg · · Score: 2
    If you use any of the peer-to-peer file services listed below without disabling the file sharing option, the entire Internet can access the files on your hard drive.

    If they would have said "some files", or even just "files", then that would have been more truthful. "the files" means the same as "all files".

    --
    Sex - Find It
    1. Re:Letter is a little misleading... by LostCluster · · Score: 2

      Cable companies always do this. They word their statements so that there is always unclear defintions, where the reader tends to see what the cable company wants to communicate, but not what they actually said.

      Of course, we know "the files" means "the files you have selected in the program to share", but the hacker-scared users will see "all the files" and be scared into going to do what they say.

  15. not really for power users by exhilaration · · Score: 3, Interesting
    I think they're just trying to inform the average user that he or she might be sharing files without realizing it. These people are unknowingly giving away up a massive amount of bandwidth.

    Optimum Online doesn't seem to have a good method of tracking or enforcing these rules. I've been running servers off my home OOL cable connection for over a year, and they've never said a thing, though I've contacted technical support for other unrelated issues.

    Anyone else have any problems with running servers on Optimum Online? I'm running POP/SMTP/HTTPS/SSH services for my own use.

    I'd be interesting to hear stories from people who have been told to shut down servers or reduce their bandwidth usage.

    1. Re:not really for power users by LostCluster · · Score: 2

      POP, SMTP (presuming you are smart enough to block spammers), HTTPS (presuming it is not a site that gets thousands of users) and SSH are all things that "aren't hurting anybody" and can be allowed to continue.

      P2P-obsfucation apps however exist only to violate copyrights, and therefore the ISPs must shut down customers when notified or risk DMCA lawsuits.

    2. Re:not really for power users by Anonymous Coward · · Score: 0

      I've been running an apache server on a non-standard port to share file (non-copyrighted stuff ;) ). Never heard any complaint, tho I only run it on a temporary basis.

    3. Re:not really for power users by Alsee · · Score: 2

      P2P-obsfucation apps however exist only to violate copyrights

      Just like SMTP only exists only to send spam.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  16. attention users of optimumonline by Anonymous Coward · · Score: 0

    http://packetnews.com
    http://dal.net
    http://ef.org
    irc://irc.criten.net

    250K/s here

    thank you warez kiddies

    1. Re:attention users of optimumonline by briankeys · · Score: 1

      yeah? i get an average of 400k/sec on usenet. yeah? I can download at 1.10mb/sec in total

  17. What, exactly... by Lordfly · · Score: 1

    prevents p2p networks from just switching ports? That's most likely how they're going to be blocking access. And eventually, they're going to be blocking legitimite uploading (ie online gaming, file transfer between friends, web pages, etc.), which is going to piss off a LOT of people.

    I, for one, send quite a bit of music up the pipe to my web page. The ftp port isn't on the regular FTP port of 21. What if my ISP decided to block the port I was using because it was a p2p port? They'd have lost a customer, that's for sure.

    Severely limiting people's downloads and uploads isn't exactly hurrying the welcoming of broadband with open arms.

    Josh

    --
    hookers and grits.
    1. Re:What, exactly... by the+eric+conspiracy · · Score: 2

      prevents p2p networks from just switching ports?

      Uh... perhaps because the author of the story doesn't know what the hell they are talking about. OOL is NOT blocking p2p networks, they are decreasing the upload cap on users that have high upload traffic to multiple ip ports for long periods of time.

  18. Your ISP doesn't have to know what you're doing by Greyfox · · Score: 2
    Just set up an encrypted VPN with like-minded pirat*cough*people on the net and all your ISP will see will be your encrypted traffic.

    I'll leave setting up the P2P-like program for encrypted packets as an exercise for the student (It's been done at least a couple of times thus far...)

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Your ISP doesn't have to know what you're doing by papasui · · Score: 2

      While they may not know _WHAT_ you're sending they would certainly be aware that you are sending large amounts of information, most ISPS have clauses that allow them to terminate the service of individuals who use excessive amounts of bandwidth (and usually they don't state what qualifies as excessive).

    2. Re:Your ISP doesn't have to know what you're doing by Anonymous Coward · · Score: 0

      ummm actually they do, they state acceptable as based on our TOS, duh.

      This is sarcastic, I spent 2 hours trying to find it in the TOS.

    3. Re:Your ISP doesn't have to know what you're doing by Blkdeath · · Score: 2
      Just set up an encrypted VPN with like-minded pirat*cough*people on the net and all your ISP will see will be your encrypted traffic.

      Sure thing there, peppy! You'll find yourself quickly disconnected, though. ;)

      Bell Sympatico and Rogers Cable both have (or had, at one point in time) wording in their AUPs that forbid "commercial grade virtual private network" software from being used on their connection.

      "Hey! That's encrypted traffic!" *plonk!*

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    4. Re:Your ISP doesn't have to know what you're doing by PhuCknuT · · Score: 1

      Hey guess what... optonline isn't capping people based on what they send, only how much. VPN isn't going to make a single bit of difference. There have been several complaints already of people being capped for uploading content to their websites or sending home videos to granny.

    5. Re:Your ISP doesn't have to know what you're doing by the+eric+conspiracy · · Score: 2

      Bell Sympatico and Rogers Cable both have (or had, at one point in time) wording in their AUPs that forbid "commercial grade virtual private network" software from being used on their connection.

      OOL has no such policy. OOL has the following restrictions:

      1. No servers.
      2. 1 MBit up/10 Mbit down modem caps.
      3. Port 80 is blocked.
      4. No bandwidth abuse

      Recently they have been applying 1 & 4 to people running ftp/p2p servers. My understanding is the criterea they use is continuous use of 1 Mb/sec for more than 3 hours continuously, with multiple upload ip destinations. When this is detected they apply a reduced upload speed cap of 150K/sec.

    6. Re:Your ISP doesn't have to know what you're doing by KarmaWhiners · · Score: 1

      It doesn't seem appropriate that these ISPs turn around and deactivate you for something they can simply block- disallowing TCP protocols 50 and 51 (mind you, not TCP ports 50 and 51, there is a sharp difference) would block VPN access. I surmise that non-commercial grade VPN software resolves merely to ssh tunnel/ppp/routing hacks- unreliable and costly, overhead wise. With the purchase of ATTBI in the Northeast, there's wonder as to whether the new owner's VPN policy will override the existing (currently residential customers are allowed VPN)

      --
      This account blacklists people who whine about karma. See bio.
    7. Re:Your ISP doesn't have to know what you're doing by caluml · · Score: 2

      Yeah, and even running a VPN can be stopped easily.
      Simply block ISAKMP (udp/500) and protocols 50, and 51.

      However you play, they can fuck you.
      Anyone written a steganographic tunnelling tool? Now that would be good. All that they'd see would be a lot of HTTP requests. Which would contain hidden, encrypted data. Come on you Open Source coder Gurus. That's quite a neat little idea, now I do say so myself.

    8. Re:Your ISP doesn't have to know what you're doing by Blkdeath · · Score: 2
      It doesn't seem appropriate that these ISPs turn around and deactivate you for something they can simply block- disallowing TCP protocols 50 and 51 (mind you, not TCP ports 50 and 51, there is a sharp difference) would block VPN access. I surmise that non-commercial grade VPN software resolves merely to ssh tunnel/ppp/routing hacks- unreliable and costly, overhead wise.

      "Commercial-Grade" VPN, by their wording, means any VPN software that offers encryption. Or, really, anything they want to call it. That's the design of their TOS - deliberate ambiguity.

      Resource taxing or no, SSL tunnelling VPN software via UDP / TCP is perfectly capable of delivering what users want; the ability to sneak packets out the door, so to speak.

      By the same ambiguous wording, they've enabled themselves to block P2P clients based on the fact that each one of them is, technically, a 'server'.

      --
      BD Phone Home!

      Shameless plug. Like you weren't expecting it.

    9. Re:Your ISP doesn't have to know what you're doing by ces · · Score: 2

      I'm sure this makes those who want to telecommute happy.

      Being able to VPN into work was a major reason at the last two companies I worked for to get a broadband connection.

      --
      Happy Fun Ball is for external use only.
  19. f'd up by Anonymous Coward · · Score: 1, Informative

    Optonline give you 1mbit upload, but if you use too much (they won't tell us how much too much is) you get dropped down to 128kbit upload. They also sell a business plan which only has 256kbit upload, and no static ip. Basically they say you can't use what they give you with the residential plan but if you want, you can pay more for a lower speed plan that you can use. Is that whack or what?

    1. Re:f'd up by ttyRazor · · Score: 1

      That makes so little sense its painful.

    2. Re:f'd up by briankeys · · Score: 1

      they dont supply static ip's with residential access either. you usually keep your ip for a long time, as your modem keeps renewing it. ive had my ip since i got OOL. they are rolling out business plans with an actual static ip, however.

    3. Re:f'd up by Anonymous Coward · · Score: 0

      I know you don't get static with residential, i was just pointing out that there's no advantage to the "business" plan other than the fact that they let you use the bandwidth that they give you (which is 1/4 what they give residential).

  20. Hmm. by skyfish · · Score: 2

    Or maybe theyre just tired of people irresponsibly leaving Kazaa and other like programs open after they get what they want, wasting everyone else's bandwidth.

    1. Re:Hmm. by GigsVT · · Score: 1

      Or maybe theyre just tired of people irresponsibly leaving Kazaa and other like programs open after they get what they want, wasting everyone else's bandwidth.

      And how do you think the files get on the network in the first place? Magical P2P gnomes?

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
    2. Re:Hmm. by Kaeru+the+Frog · · Score: 1

      Its not everyone else's bandwidth. Its the person who's paying for the service bandwidth. If the ISP doesn't have the means to give the bandwidth they promised to all of their customers then that's their fault.

  21. Other links and info by Hadean · · Score: 4, Informative

    Good information can also be found here , here and here.

    Basically, their excuse is security related, which is crap since more security problems occur with Internet Explorer, IIS and Windows itself than with P2P software...

    As mentioned at DSL Reports, the upload is being capped at 128kb/s, NOT banned... Here's a quote from one of the links above (by HaveOOLnow)

    No, it affects all uploads. If you upload at a certain rate for more than a certain amount of time, you automatically get capped [at 128kps]. But all you have to do is call them to get uncapped. The system is just designed to make people aware of the fact that they might have P2P apps running in the background.

    The cap seems to be about 6 hours in length. Quite horrendous, but we all saw this coming, right? To be honest, I'd rather this and have unlimited download/uploads, than both... *shrug* Or, maybe if it only happens when the server is being heavily used (evenings and such).

    1. Re:Other links and info by MrPippers · · Score: 1

      I don't know about horrendous. Many of us have caps perpetually set at 128kbits (Comcast, many others). It seems like Optimum Online are being rather generous. I would kill for a 1Mbit upload.

    2. Re:Other links and info by Hadean · · Score: 2

      Horrendous in that their uploads are at 768 if I remember correctly... That's quite a cap, especially since you're paying for more speed. Of course, you're right in essense... I'm at 1200/384 so that kind of cap wouldn't be so bad...

    3. Re:Other links and info by Alsee · · Score: 2

      It seems like Optimum Online are being rather generous. I would kill for a 1Mbit upload.

      I'm on Optimum. I'm not sure what my peak upload speed is, but I once downloaded 140 meg in precisely 5 minutes. Average speed 478 kilobytes per sec or 3.7 Mbits per sec. The peak was over 4 Mbps. Sweet.

      As for Comcast, I have a friend who uses it. You have my condolences. At least it's better than AOL. Usually.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  22. That's quite a leap... by Mastos · · Score: 1

    You _assume_ most of what "they" are uploading is copyrighted (and that those that download don't own an original copy) and therefore illegal. Remember, it is legal to share something with someone who already has it.

    From all these assumptions, you make this blanket statement that the ISP is "banning people from breaking the law"? Ok, under that logic, we should ban cars, money, and guns because people that use them are "probably" breaking the law. You forget that in the US, at least in theory, you are presumed innocent until _proven_ guilty. There is no assumption of guilt or illegal behavior.

    I'm not saying they don't have a good reason to avoid any potential conflicts with authorities or that is not their right, but to assume all p2p activity is illegal is not only poor logic but has no base in law to begin with.

    Disclaimer: IANAL, but I can see 2 + 2 is not 5

    1. Re:That's quite a leap... by MegaHamsterX · · Score: 1

      Go to a civil court and you will infact see that 2+2 does equal 5

    2. Re:That's quite a leap... by Anonymous Coward · · Score: 0

      Well for someone who can do simple addition, you're still pretty naive. Either that or you're feigning ignorance to make a point.

      Here's a little example for you, Mr. "Let's Ban Everything Dangerous Because I'm a Bad at Debating and Have to Use Childish Tacticts to Make a Point." Go find out which song is currently top on the charts in the U.S. Now, connect to Kazaa..search for that song. Take a look. You'll probably get, oh, a few hundred..maybe thousand results. Pick any one of those people and get a full listing of their files. Oh, I see..if it's a normal, average user, they'll have a ton more music they downloaded by using that program.

      If you like logic so much, oh wise one, consider this..why would someone using Kazaa download the client, and fill up their downloads directory with a bunch of songs that they own? Not only would they be contributing to the piracy problem, they also wouldn't be gaining anything by doing so. What would be the benefit in giving away for free what they paid for? A more sensible assumption is that they downloaded these files from someone else to -avoid- having to pay, which seems to make a lot more sense than the reverse. If you can give me a better explanation, however, I'd be glad to hear it.

      There will always be people like you. People who view the Internet through rose-tinted glasses, stunned by the mere suggestion that ANYONE could be using a P2P application for piracy..the horror! Let me point out another obvious fact to you, math genius. They're banning people -for- breaking the law. ISP's can and will view the traffic that individuals are sending out using their service, as well as receiving. In order to ban someone for using a P2P application for illegal purposes, they would have to have proof, which they could EASILY obtain. People aren't getting banned "from" breaking the law, but "for" breaking it. On that note, by the way, there's nothing stopping anyone from choosing a different ISP that doesn't enforce these rules.

      Disclaimer: IANAL, but I'm not an ignorant twit that refuses to see the truth.

    3. Re:That's quite a leap... by Mastos · · Score: 1

      Two things:

      First and foremost, you are innocent until proven guilty. You are not guilty of illegal behavior until you have been proven in a court of law, not because some media company thinks you are doing something bad. If I rob a bank, I cannot be immediately thrown in jail w/o a trial. I have the right to face a jury of my peers and have them determine beyond a reasonable doubt that I acted illegally. Therefore, yes, you can be punished -for- breaking the law, but that punishment can only be dealt after you have been convicted in a court of law.

      Second, I never said we should ban anything or ever suggested that no one using p2p applications was acting in illegal manners. I was trying to point out, perhaps unclearly, just because there are illegal uses for something doesn't not automatically make it illegal. I was not arguing against the company that banned p2p uploads, but rather against the poster's notion of making p2p illegal.

      Third, I have and will continue to download songs of CD's that I own. In some cases, the CD's are from my childhood residing at my parents house. In other cases, the CD is scratched in a particular song.

      Finally, ad hominem attacks only serve to demonstrate your level of maturity and are irrelevant to a "logical" discussion.

    4. Re:That's quite a leap... by Mastos · · Score: 1

      Heh, perhaps I can't count :)

    5. Re:That's quite a leap... by Anonymous Coward · · Score: 0

      No kidding, you stupid piece of shit. Must make you feel proud and mighty being able to use a few common Latin phrases, eh? Fuck you. That's English, I might add. Look it up.

  23. Re:So its their job to enforce laws? by davinc · · Score: 2, Insightful

    You are saying it would be ok for Ford and GM to put monitors on all of our cars so that if we exceed the speed limit they can come take the car back? How about we get smart money going to make sure we pay every cent of our taxes and never use it to buy anything illegal? Condoms should come with monitors too? Wouldn't want to let us go sticking them into prostitutes, animals, or other men where it's illegal.

    It doesn't SEEM heavy handed, it IS heavy handed. Not everyone is ready to bend over like you and accept being treated like a criminal for refusing to be disneyfied lumps of consumerism.

    If bandwith consumption is their issue, then they can always go the capping/rate increase route.

  24. Cool - more bandwidth for the Internet! by Chexsum · · Score: 1

    The ISP I use likes to filter P2P also but they just cap each P2P port (to 5-50kB). When I was being sold the connection I was told that the 25G/month means I could burn about 50 CDs worth of songs per month. :\

    Leechers waste my bandwidth and pressure ISPs to block/filter ports and increase service prices so its good to see the ISP taking action against them. Although, blocking ports is heavy-handed and users should be allowed to break contract and get their installation money back IMO.

    --
    Pixels keep you awake!
    1. Re:Cool - more bandwidth for the Internet! by Moonwick · · Score: 1

      Maybe you're not aware of the purpose of those contracts? They protect the provider from a user signing up and then cancelling after a few months, before the provider's recovered the costs of adding the user (installation, hardware, etc.).

      Allowing the user to weasel out of their contract just because they broke a TOS and the ISP was forced to place limits onto their connection would just screw over the ISP even further.

      --
      Only on slashdot can a posting be rated "Score -1, Insightful".
  25. Always stuck to CDs myself by SteweyGriffin · · Score: 1

    I never got into the whole file sharing, song stealing business of peer two peer applications.

    Why?

    Well, for a variety of reasons actually. For one thing, Red Hat makes it nearly impossible to figure out how to even play an MP3 music file. My friends have sent me MP3s in email messages on occassion, but I was never able to even hear the damn things.

    Also, it's just easier for me to buy an $8.00 CD at Walmart. This way, I can listen to my new Bon Jovi CD in the car, the bathroom CD player, the bedroom CD alarm clock, and the PC in the dining room. That's much more flexible and convenient than just listening on crappy computer speakers ;-)

    1. Re:Always stuck to CDs myself by NoMoreNicksLeft · · Score: 2

      Hell of a troll, if I do say so myself.

      I mean, the whole redhat/mp3 playing thing... that is just brilliant. Young troll-lings take note: See how he blends the reader's naivete about linux, with the average users frustrations at having to learn how to use an OS, or install software. See how he makes it look as if there weren't any number of mp3 players, both for X and the command line... several of which are probably default installs (Wouldn't know myself, and all you redhat weenies can bite me, I use Slack!). Think about this, "mpg123 filename" is as simple as it gets, but this master troll banks on the likely assumption that most windows lamers here at slashdot won't have a clue. It all plays into the FUD that we hear every day about linux, and yet maintains some air of plausibility... I mean, if you knew nothing of linux, except the gossip that it's difficult to use, you could believe him yourself!

      But then, that's just the beginning, he follows up with a true masterpiece, including a subtle, yet direct contradiction. Does the PC in the dining room not have "crappy computer speakers" ? Can a cheap Big Lots CD alarm clock have anything much better than those? And for the piece de resistance, when has Walmart, or any retailer for that matter, ever in the history of the compact disc, sold a new album by any performer (dare I call Bon Jovi an artist?) for $8.00 ? It just does not get any better than this, folks. Those with less expertise might never even notice that they've been trolled.

      *Applause*

      SteweyGriffin, please, marvel us with some more of your brilliant trollery, it's hard to remember that it truly is an artform, some days.

  26. Usenet's time has come by Boss,+Pointy+Haired · · Score: 1, Troll

    You can now add a Usenet server as a "Network Place" (Windows 2000/XP). Unlimited upload, unlimited download, they've lost.

    Usenet is a very efficient way to distribute large binaries from an ISP's point of view; when the latest blockbuster gets DIVX'd, their subscribers only need download from their news server, not hundereds of expensive connections over expensive external links.

    The Usenet zelots don't get this.

    The Honour System, it's the only way.

    1. Re:Usenet's time has come by GMontag451 · · Score: 2

      Unfortunately, there are very few ISPs that have reliable Usenet servers. Usually you will have to pay for a dedicated nntp service. My ISP's news server almost always drops somewhere between 1 and 5 parts of a ~50 part rar set.

  27. p2p and downloading music not the same by tomstdenis · · Score: 1

    Being able to use p2p networks and downloading music are not the same thing.

    Can people just be honest and stop saying "p2p networks are not about piracy." That's simply not true. The sole purpose for these networks to exist is to propagate pirated music or programs.

    Anyways, the point is having enough bandwidth to download music and being allowed on P2P networks are not the same thing.

    Personally I'd rather they just throttled bandwidth instead. That addresses the problem they have more directly.

    One thing more disturbing is the crack down on people running servers [e.g. http]. I say if you have a connection you should be able todo anything non-commercial you want to with it.... that's another rant all together.

    Tom

    --
    Someday, I'll have a real sig.
    1. Re:p2p and downloading music not the same by Anonymous Coward · · Score: 0

      Why should it matter whether you are doing something commercial or not? Why should it matter whether you are sending or receiving data?

      If the ISP is selling you a particular QoS and you both are happy with the agreement, I don't see why anything else matters.

      I have 1.5 MBps on ADSL, and I understand that they do not guarantee 99.999% uptime. End of story - nobody's business but my own what I do with it.

    2. Re:p2p and downloading music not the same by Anonymous Coward · · Score: 0

      I'm sure a large chunk of the pr0n on those networks isn't copyrighted...

    3. Re:p2p and downloading music not the same by tomstdenis · · Score: 1

      So when they discover you sending pirated material you're going to complain when they cut you off citing what particular piece of law?

      Tom

      --
      Someday, I'll have a real sig.
  28. Business impact of preventing p2p file transfers by hillct · · Score: 2

    Aparently OptimumOnline has done a rick analysis in which they concluded the rick of an RIAA lawsuit is greater than the rick of loss of business due to restricting the customer's online experience.

    It is our job as customers to prove not only that the customer is always right, but that the loss of business (and revenue) due to failure to cater to customer, rather than the legally questionable demands of an organization borne of greed and nepotism, which seeks to control not only products of it's members but all music and other entertainment materials, over which it has no legal standing whatsoever.

    --CTH

    --

    --Got Lists? | Top 95 Star Wars Line
  29. Obviously? by Chester+K · · Score: 2

    Obviously bowing to record and movie industry pressure

    How do you figure? Perhaps they've simply noticed that their network isn't capable of handling as much upstream as they've been getting lately (cable is asymmetric), and they determined that P2P was the reason.

    --

    NO CARRIER
  30. wussy frikkin' letter by bgs4 · · Score: 1

    Obviously bowing to record and movie industry pressure the letter includes a link to a page that gives directions on how to disable file trading on 18 P2P services from KaZaa to Xolox

    don't blame OptimumOnline. This is obviously the letter's fault.

  31. omfg by Anonymous Coward · · Score: 0

    joo're so leet, dood!

  32. many laws limit our right by Anonymous Coward · · Score: 0

    now, i use p2p each and every day
    for, ehem, illegal purposes. But
    remember.. many countries require
    yout to wear a helmet when driving
    a motorcycle. It limits our freedom,
    but on the other hand protects us
    better on the road.

    Same thing here currently. Just because
    there are some legitimate uses for p2p
    that some employ, _most_ trade copyrighted
    material.. so it wouldn't be that unfair
    to ban p2p or anything.

    Still I'm all for p2p, as we're early on
    the road yet, and banning p2p might just
    have severe concequences for the future.

  33. I use Optimum Online by I'm+a+racist. · · Score: 0, Flamebait

    I've been using Optimum Online since before most people ever heard of broadband or cable modems. I don't upload anything... but I do download lots of stuff.

    This is going to seriously cut into my datawhoring and I am not happy!!! I currently pull down about 1Gb per day. I've got about 70Gb waiting to be burned to CD (I'm burning CDs as I write this).

    Sure, I steal music/movies. But, I never bought a CD before Napster (and I stopped buying them when the RIAA went psycho anyway).

    It's not Cablevision's job to police my Internet usage. Let the MPAA/RIAA come after me directly, I'll fuck them up!!!

    There are legitmate uses of P2P, even though most people distribute copyrighted stuff, that doesn't make P2P automatically illegal. Fuck that!

    Damn... I just had to vent a bit. Proceed with your discussions...

    --


    Down with Saudi Arabia!!!
    1. Re:I use Optimum Online by Anonymous Coward · · Score: 0

      I'll fuck them up!!!

      and then get arrested for assault and be charged with a couple of felonies..

    2. Re:I use Optimum Online by reflector · · Score: 2


      Sure, I steal music/movies.


      no. you infringe copyright. stealing has to do with physical property. the riaa may call it stealing to make it sound more serious than it is, but that has nothing to do with the truth.

  34. 3) Profit? by absurdhero · · Score: 1

    It costs them more per month to support P2P than they receive in revenue from their customers? I am surprised that they are encouraging and even forcing customers to stop their service and go to a competitor.

  35. While not intending to break any restrictions... by sapgau · · Score: 1

    ...imposed by the DMCA.
    Sounds like the filter is a combination of IP and port. Would it be reasonable to have downloads use port 80? (IP's could be well "known")

    [YES][NO][CANCEL]

  36. 2 can play this game; Ban optimumOnline IPs on P2P by Kunta+Kinte · · Score: 2

    It may seem kind of hash, but this is probably the only way to keep P2P networks from degrading due to stunts like this. P2P needs clients that upload to be useful, otherwise the clients that do allow uploads will receive an unfair amount of load.

    Having individual clients that don't share is one thing, having entire networks that don't is much bigger problem.

    I think it's time P2P clients start including easy ways to ban entire IP blocks.

    This would also provide OptimumOnline customers another reason to (i) complain to OptimumOnline about the policy and/or (ii) change providers.

    --
    Based on upvotes, Ageism is the only "-ism" Slashdotters care about and think isn't SJW
  37. Re:love by Anonymous Coward · · Score: 0

    actually the reason why I don't use IRC and FTP is cause I don't want to jump through hoops and have to chat people up for files and access etc... I just want my stuff... IRC and FTP are a pain, if all I want is free music...

  38. Make my Christmas special by SteweyGriffin · · Score: 0, Offtopic

    This is my appeal to the Slashdot community:

    I am a 38-year old male virgin (with adopted kids) and I really, really need to lose my virginity this year. At this point I don't care if you're a guy or the world's skankiest geekette. If you are willing to finally make me a man, please reply to this post with your address. I will use Mapquest and leave immediately with a set of overnight clothes and freshly-printed directions.

    1. Re:Make my Christmas special by Ayanami+Rei · · Score: 2

      OK. I feel sorry for you... ^_^

      7513 Colshire Drive
      McLean, VA 22102-7508

      Bring contraceptives.

      --
      THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    2. Re:Make my Christmas special by Anonymous Coward · · Score: 0

      I wonder how many guys are on there way to this address right now :/

  39. What is this ISP's network range? by Anonymous Coward · · Score: 0

    Does anybody know what network numbers this ISP uses? If these addresses will not be allowed to contribute to the networks, I would like to add them to a blacklist so they cannot leach from me.

  40. What's news? by mstefan · · Score: 1

    Most service providers have restrictions in their AUP about residential customers running servers; many of them outright prohibit it. So what's all the excitement about?

    --
    "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former." --Albert Einstein
  41. I don't mine by The+Analog+Kid · · Score: 1

    I'm a Optimum Online customer and really I don't care. The ISP on a whole is better than most. 10mbits down/1mbit up for $29.99 is definately not bad, I downloaded Red Hat 8.0 and each iso I was clocked at 1000k a sec. I can't complain at all. I only download and disable upload, that pretty much what happens with P2P as far as I go.

  42. This article is completely innacurate . . . by jgaynor · · Score: 5, Informative

    Im sorry but this article is completely inaccurate. Im an OOL customer and I actively participate in the OOL discussions on broadbandreports. The discretionary cap was put into place because users were clogging upstream channels with p2p uploads. It got so bad that DHCP requests on some nodes (mine in particular) could not be recieved within even a 17 second ack window. It does NOT have to do with pressure from the RIAA.

    Here's why: The cap is not a new portblock (they already block 80 to discourage webhosting), but simply a different cable modem config file with a lower upstream maximum. The ordinary config for OOL is 10 megabits down and 1 megabit up. the altered config file is 10 megabits down and only 150 kilobits up.

    Obviously this is a solution that was implemented to control bandwidth, not specific applications. If OOL were to start battling p2p apps, it would come in the form of a portblock or traffic shaper - NOT an upload throttle.

    To the author of the story, please do your homework. You can start in the OOL forums on BBR:

    http://www.broadbandreports.com/forum/cable,opt

    1. Re:This article is completely innacurate . . . by Anonymous Coward · · Score: 0

      Mod parent up. It says basically everything that needs to be said on the subject. Most of the other posts are basically FUD.

    2. Re:This article is completely innacurate . . . by BurritoWarrior · · Score: 2

      If they don't have the infrastructure to support 1Mb up, then don't friggin sell 1Mb up. Don't sell me a service for $39.95/month, then change the service in the middle based on whether "I use too much of what you have sold me". You can't support more than X upstream, fine. Then sell it that way and cap EVERYONE that way. Don't penalize ME because I am letting my friends grab Red Hat iso's from me, instead of the swamped servers.

    3. Re:This article is completely innacurate . . . by LazyBoy · · Score: 1
      ...then don't friggin sell 1Mb up. Don't sell me a service for $39.95/month, then change the service in the middle..

      The post you're replying to said that the standard config was for 1 Mbps up. Nobody "sold" 1 Mbps up, or changed the advertised service in the middle of a contract.

      OOL's advertising has always been very careful to not specify any speeds at all.

      --

      If Chaos Theory has taught us anything, it's that we must kill all the butterflies.

    4. Re:This article is completely innacurate . . . by CashCarSTAR · · Score: 1

      Which is true as it goes for Cable modems.

      What you people have to realize is that P2P networks are very messy. There is lots of little packets sent and recieved that just eat up the bandwith way more than a connection can actually use it.

      P2P clients such as Kazzaa and Gnutella are bandwidth hogs, regardless of any upload or downloading going on. They clog up pipes and routing servers like mad. They ARE bad for networks. DSL is a little bit different, because you're just screwing yourself for the most part (although the routing servers still get pounded)

      I'm not anti file-sharing. I believe there are tons of MORAL uses of it, even for copyrighted material (The legality of it all needs serious reform). However current P2P software...is ugly, messy, and crap.

    5. Re:This article is completely innacurate . . . by Paul+Jakma · · Score: 2

      "although the routing servers still get pounded"

      WTF? What is a "routing server"? How does it get "pounded" because people use P2P clients.

      ??

      --
      I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  43. Banage by briankeys · · Score: 1

    What they do, apparently, is poll a modem's bandwith over a 3 hour period (not sure when this period occurs,) and if you upload more then the set number of mb during this time, the CMTS pushes a new CFG to your modem. If you use DOCSDIAG to read the cfg, you can see that your upstream is capped at 150kbit instead of 1mbit as before. But, if you dont abuse your upstream (ie leave p2p open all day and all night) youre fine. I am on OOL, I host 15 player battlefield servers for a few hours a day when I play. When i'm done, i shut it off. No big deal. Theres flexability in the rule.

  44. those using "illegal" should understand the law by frovingslosh · · Score: 5, Informative
    As a "common carrier", the ISP is not responsiable for uploads by the user any more than the telephone company is responsiable if you make a threatening or harassing call. However, if they start censoring, then they assume responsability for anything later done that they didn't catch, a point I doubt the RIAA thugs pointed out in their threats.

    Clearly not all shared content is illegal (although there is little doubt that most of it is). Small artists have been able to use it legally for self-promotion, a perfectly legal use that the RIAA is also glad to put a stop to, as it might slightly impeed their ability to steal from artists.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:those using "illegal" should understand the law by isdnip · · Score: 2

      It is worth stating again: ISPs are not common carriers.

      Telephone companies are common carriers. ISPs, including cable modem operators, are technically "information service providers". A DSL ISP service has two separable components, the DSL (common carrier) and the ISP. This distinction matters in various areas of law and regulation.

      Now it is true that legally, ISPs are often not responsible for content put out by users. But sometimes they are, and they have certain responsibilities. I don't think that Cablevision (ISP) is responsible for copyright violations by peer-to-peer subscribers, but they could be asked to "take down" certain users or content. This type of thing keeps lawyers busy.

    2. Re:those using "illegal" should understand the law by paganizer · · Score: 1

      Yup, yup, yup.

      I use Gnutella and Overnet to share some free 3D & Poser files I've created; I also do a lot of animations just for the heck of it that are not really something I want to include in my regular portfolio, so they get shared also.

      If I wanted to do any up or downloading of anything illegal, I would surely not use a service that reports exactly who I am to anyone who wants to know, when there are fine packages like Freenet freely available (something I also share on gnutella; I had the thought once or twice that countries that block Freenet installer downloads might NOT be able to block one of the gnutella clients....just doing my part for world freedom).

      There are many, many legitimate uses for P2P.

      Wow. I really got Link-Happy on this one.

      --
      Why, yes, I AM a Pagan Libertarian.
    3. Re:those using "illegal" should understand the law by Anonymous Coward · · Score: 0

      ISP = Internet Service Provider, not information. Nice try, though.

    4. Re:those using "illegal" should understand the law by _Sprocket_ · · Score: 2


      It is worth stating again: ISPs are not common carriers.


      Odd how during the whole Communications Decency Act squable, ISPs were trying really hard to establish, if not maintain, a common carrier status.
    5. Re:those using "illegal" should understand the law by Anonymous Coward · · Score: 0

      ISP = Internet Service Provider, not information. Nice try, though.

      You may have missed the point in grandparent. United States law considers Internet Service Providers to be "information service providers" rather than "telecommunication service providers".

      (posted anonymously because responses to people who miss the point get -1 Overrated, presumably because the moderators see it as not getting a joke)

    6. Re:those using "illegal" should understand the law by Alsee · · Score: 2

      during the whole Communications Decency Act squable, ISPs were trying really hard to establish, if not maintain, a common carrier status.

      Right, they never got it. Which is much of the reason we have this story today.

      They probably should get that status, it would prevent them from mucking around with people's service in all sorts of ways. The problem is it's a double edged sword, if they get common carrier status it will be harder for them to deal with troublemakers like spam and DOS attacks etc.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  45. Ummm.... by __aafkqj3628 · · Score: 1

    Notice that they only specified file sharing programs and not networks.

    For example, they specified edonkey2000 which is a program which uses the edonkey network. You could use the eMule client on the edonkey network and not be in violation of their BS.

  46. False advertising? by Exiler · · Score: 2, Interesting

    It sounds like they're blocking the ports these programs use for upstream...

    "We want you to stay online and stay protected while enjoying the best performance of Optimum Online high-speed Internet access"

    Now correct me if I'm wrong, but doesn't "Internet access" pertain to full use of all ports? Wouldn't they have to be selling "Web, e-mail, and IRC" access or something to block ports?

    --
    Banaaaana!
    1. Re:False advertising? by base3 · · Score: 1
      I've noticed lately that the cable commercials here refer to "Road Runner High Speed Online." Note the absence of the term "Internet access." Perhaps they are already anticipating this objection. Or maybe they figure their target market won't know what "Internet access" is.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  47. How? by Anonymous Coward · · Score: 0

    I just tried adding a news address to the network place and it wouldn't allow me. http, sure, ftp, sure, but nntp and/or news, no.

    1. Re:How? by Anonymous Coward · · Score: 0

      I tried also without success. Upon searching help :O I was told to use outlook express

    2. Re:How? by Anonymous Coward · · Score: 0

      Also unseccessful.. how the hell do you add a NNTP server to your network places? Running XP Pro.

  48. Re:2 can play this game; Ban optimumOnline IPs on by Douglas+Simmons · · Score: 1

    I think you're absolutely right. If P2P apps could ban ISPs who force users not to upload, but still let them download, that would preserve the network and not let ISPs get away with a sneaky trick like this. If you don't want your users P2Ping, don't let them do it in either direction.

    While Kazaa (and hopefully kazaa lite) is at it, why can't they also throw in some method for users' daemons to hop around to different random ports, and then their P2P app could include what port their daemon's on when they respond to requests saying they have the file? And can they take advantage of using port 80 somehow as many institutions dethrottle every port except port 80? Some kind of huge proxy server?

  49. Uploads? by Lord_Slepnir · · Score: 2

    Too bad they didn't block downloads too. Now leachers will have their way.

  50. I feel for the users by fire-eyes · · Score: 2

    While I think this was read into too deeply, and they are NOT banning p2p (just slowing down?), I feel for their users.

    They are basically being held guilty by default. What a crock of shit.

    Enjoy. But if you don't like it, dump the service please, and stop supporting them.

    (standard "but $X is only service in my area" whinings need not apply)

    --
    -- Note: If you don't agree with me, don't bother replying. I won't read it.
    1. Re:I feel for the users by numark · · Score: 1

      They are guilty by default. Regardless of _what_ they're sharing via P2P, they're still running a server. TOS agreements prohibit servers. P2P == server server == prohibited therefore: P2P == prohibited I do enjoy P2P as much as the next person, but we've got to realize that we're not going to change anything to sitting on Slashdot complaining about this or that ISP, we need to get the laws changed and show our elected representatives that we want to have the right to download freely. The ISPs are only protecting their bandwidth, that's not where the problem is. The antiquated laws in our country are.

      --
      Want Slashdot headlines on your site? Try SlashHead
  51. Re:2 can play this game; Ban optimumOnline IPs on by Anonymous Coward · · Score: 0

    It wouldn't be difficult just to check whether someone is sharing files or not before allowing them to download your files.

    And port 80 isn't a great solution because many ISPs block inbound port 80 connections.

  52. keep this is context of cablevision!! by jonathanbearak · · Score: 1

    these are the same people who cut off the yankees!

    i live under aoltw, plus i don't care for baseball, so neither affected me but ...

    cablevision has a history of pi$$ing off their users, this is isolated to the jackasses at that company

    1. Re:keep this is context of cablevision!! by Anonymous Coward · · Score: 0

      It's YES and the YankeNets who are the jackasses.

      Why should Cablevision have to accept the same deal as the other cable companies if they don't want to? Cablevision is not the monopoly, it is the other way around.

      I have RCN, and even though I am a fan of the Nets, and WFAN, the channel is utter crap. All they do is talk about the Yankees 24/7 - like the media isn't sick enough of hearing about how great their former dynasty was, just because their team has way more money than everyone else in MLB. In fact, RCN's basic cable subscription what up a few dollars due to the fucking YES channel. YES and the YankeeNets basically forced the customers of all the other NYC area ISP's to pay for the YES channel even if they didn't want it. That is why Cablevision's offer to them makes sense: make it a premium channel. The deal Cablevision offered to them was completely reasonable. YES and YankeNets thought they could get away with it, with all the crybaby bandwagon Yankee fans complaining about being able to see the Yankees. Fortunately Cablevision has been able to hold their stance.

      FSNY, MSG, and Metro are all better channels than YES, IMO. Too bad they had to fuck everything up. Even though I'm a Nets fan, I would gladly take Cablevision's cable service that has more channels, better service than RCN, and the fastest cable ISP in the country.

      And what is the big deal about 128 k limit? What the hell is so important to upload at higher speeds than that? If you have to share, just use a p2p app that lets you limit your upstream. It's not that slow. Most people can't even download that fast from you anyway.

  53. Re:love by Anonymous Coward · · Score: 0

    You're an elitist fool caught in an illusion that you're still living in a heightened state. Guess what? We're living best now. Using a P2P service such as KaZaA, I can search for any recently released movie and within a few hours, have it downloaded (due to the multiple users that have it, and are hopefully on broadband connections and usually are/download in chunks design). With IRC and FTP, I have to put up with a lot of shit -- slow connections due to tens or hundreds of users downloading simaeltaniously, and I am just not assured that the one serving will remain online long enough for me to obtain the file that I saught. With P2P, I can always resume or find new people to download from at any time.

    You are a moron who believes that distribution of pirated software and quality rips is only IRC. Oh, and of course, your FTP.

  54. Great by tetro · · Score: 1

    So Cablevision wants their customers to have the best Internet experience while not downloading or uploading the wrong stuff and too much of it. Sign me up!

    --
    .smell my feet.
  55. sigh... by TrekkieGod · · Score: 0

    They're increasing the amount of leechers, telling people how to disable uploading with their software, and not downloading.

    Now all those pleading messages in p2p networks will have to be changed...from "please share what you download" to "please share what you download, and don't give us **** about your ISP not allowing it...just change to a better one"

    --

    Warning: Opinions known to be heavily biased.

  56. Yawn, not a common carrier by ftobin · · Score: 2

    Of course they can and will do what they're threatening. There's a reason why it pays to have your provider be classified a common carrier, and not some entity that will block your connections at whim... If you didn't see this coming you need to be hit upside the head with a cluestick...

    1. Re:Yawn, not a common carrier by Anonymous Coward · · Score: 0

      Lessee... Verizon DSL is classified as a common carrier, but this hasn't stopped them from blocking ports.

    2. Re:Yawn, not a common carrier by ftobin · · Score: 2

      That's because you're using Verizon as an ISP. Use another ISP that won't block, but use Verizon's DSL.

  57. Encryption by Bisifiniti · · Score: 1

    What if you encrypted the uploads through p2p? They couldn't tell if you're sending pictures of your kids to Grammy, or if you're helping others pirate a new release, or if you're sharing some source code. Using something like PGP, breaking it would not only be extremely difficult and a waste of time/money, but (IIRC, but IANAL) illegal under the DMCA. For every action, there is an equal yet opposite technological circumvention.

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

      They really don't care. They just don't want you using that much bandwidth, whether its pictures or music or software.

  58. What's with all that crap? by Peterus7 · · Score: 1

    If my cable provider sent me a letter saying that I would leave them immediately. I don't want a cable provider being a corporate whore, because then who knows, they might start broadcasting info about me to whatever corporation wants it. Minority report maybe?

  59. Re:So its their job to enforce laws? by the_2nd_coming · · Score: 1

    umm, no, we are not buying a monthly service from them (and no, leasing is not the same, that is a long term contract) we are buying a product.

    --



    I am the Alpha and the Omega-3
  60. Bye bye, leech! by NineNine · · Score: 2

    Luckily, leechers like yourself will start to have real trouble on the FastTrack (Kazaa) network. The latest incarnation rates users based on how much they upload. The more you upload, the faster/better your downloads. The less you upload, the slower/fewer downloads you get.

    1. Re:Bye bye, leech! by The+Analog+Kid · · Score: 1

      Yeah well there will always be someone else to upload to make up for me no uploading, guess what maybe I want to keep my better than average for cable upload speed, ever think of that probably not.

  61. The future... by Anonymous Coward · · Score: 0

    I look forward to the future when someone reports a lawsuit against Optimum Online for cancelling their subscription.

    The fact that they are trying to stop the "problem" at the "source" is going to cause some arguments one way or another. Optimum Online is going to meet a legion of lawyers arguing that they are monopolizing bandwidth in an area by claiming that they are increasing prices without just cause.

    Worst part = Ignorant person: Don't like it? Move to, er.. another state.

  62. Isn't there monopoly and common carrier issues ? by Anonymous Coward · · Score: 0

    High handed behavior by cable companies seems to be the norm. The comment that internet is being built by ignorant and arrogant people seems particularly well directed towards cable operators.

    By example, in a recent move my current provider blocked "INCOMING" port 110 connections to prevent spamming.

    Anyway you have to ask, these people have a government provided monopoly in almost all cases. By providing internet access they are seeking to monopolize another communication medium, utilizing profits from the prior monopoly. In addition they are now making editorial decisions about the content carried.

    Aren't these people supposed to be functioning as a common carrier. If so isnt that status null and void if they edit the access ?

    I am not a lawyer but you have to ask how come more cable companys, havent been sued to prevent this type of behavior ?

  63. Paranoid Delusions by angst911 · · Score: 1, Insightful

    I love the instant paranoia that most /. users seem to have, it's always someone bowing to pressure from some organization. Did you every consider that maybe, just maybe, they are just sick of the bandwith that is being wasted. Consider that most Cable ISPs only provide 40KB/s upload speeds, they are probably hinting at something. Also, consider all the support costs for people acting as a server and then calling in a complaining about the service being "slow", because they are not aware that while they are downloading they also have to upload while still requesting more information.

    --
    Taking over one bit at a time...
  64. Guys... by larsu · · Score: 1

    The cable companies don't have a lot of choice here. Those RIAA/MPAA bitches prosecute people that UPLOAD music/movies. They have never, not once, prosecuted someone for downloading music.
    Why? Think of it from their point of view. The people that dowload music are the listeners. The people that buy music, or at least used to until they found out they can get it for free. Its the damn pirates that upload content that are the problem. By providing content to the listeners, they're competing with the RIAA/MPAA. So the RIAA/MPAA are taking the next step in the fight by requesting and threatening ISP's that the content is served from. Big fscking deal. Either fight the RIAA/MPAA by not giving them money, or don't.

  65. interesting what is outlawed... by frovingslosh · · Score: 2
    So sending a file with a p2p protocol is outlawed by this ISP. Think about it ......

    You can still download stuff with the p2p protocols. You can even accept file requests ( and acknowledge them ) with a p2p protocol. And you can still use SMTP to send files, even ones that the RIAA doesn't like, to other people (peers). It would serve OptimumOnline right if someone applied this concept to deliver any file now transfered from their users over p2p through their mail servers instead.

    Sometimes doing what people tell you that you are allowed to do can be the best revenge.

    --
    I'm an American. I love this country and the freedoms that we used to have.
    1. Re:interesting what is outlawed... by Anonymous Coward · · Score: 0

      Right on brother!

      But technically no, sad to say, the incoming request would still be "a server". Its complete crap, very wishy washy language. The nice thing about ur idea though, is that Optimum Online is a spammer anyway :P it would serve them right to have a "plug-in" which would allow P2P applications to specify a transmission path.

      Perhaps that is the next step.

    2. Re:interesting what is outlawed... by frovingslosh · · Score: 2
      But technically no, sad to say, the incoming request would still be "a server".

      But OptimumOnline seems to make it clear that their users can still download files with p2p, they just can't upload them. Since this is p2p, no one is really a server while someone else is a client, each side is effectively both. Each side has to send information. Look at it this way, if it's OK for me to use p2p to get a list of available songs and then to download that song (something that shortsighted OptimumOnline still wants to promote doing, since it adds value to their service, even if they are too stupid to realize that if everyone does what they do there will be nothing to download), then it's also OK for me to download a request for a song and ack it. OptimumOnline already provides their customers a nice way to transfer files out of their own systems through a smtp server, and likely even promotes the value of using e-mail to send letters, photos, audio files and more through it, so if they are simply saying you can't send out a file (even a file you have legal ownership of, say perhaps your own band) via p2p but are not completely banning p2p, I don't see that such a system as I propose would "technically" be against their rules-de-jour at all.

      (It will of course be against tomorrow's rules, but that's a different issue.)

      My point, along with hoping that someone will actually do this and bring the OptimumOnline mail server to it's knees, is that telling customers who are buying access to the internet what they can and can't do with that access, and restricting certain types of access based on these rather arbritrary criteria, is pointless and counter productive. The system is flexiable enough that users can find another way to do what they want. However, restrictions that ban a protocol that was intended to do something efficenty and force uers to use work arounds, may not always be in the best interest of the ISP.

      --
      I'm an American. I love this country and the freedoms that we used to have.
  66. Global Dissem Via P2P Is Not Fair Use by reallocate · · Score: 2

    >> ...it is legal to share something with someone who already has it.

    That's banal sophistry, I'd have to say. Why would you have a reason to "share" something with someone who already has it?

    Suppose I grabbed tomorrow's New York Times off their satellite feed to a regional printing plant. Then, I print up a zillion duplicate copies, wait until the real paper hits the streets and proceed to distribute it all over New York City, to people wo already have a copy. Think that'd be called fair use? Think the Times' wouldn't have a field day with me in court? The only difference between that and dumping music on the P2P networks is the use of a different distribution media. And that means zip to the law.

    People who upload copywritten material are placing it on a globally accessible network. They have no idea who is going to download it. "Sharing" the entirety of a copywritten work with the entire globe is not fair use.

    As far as I'm concerned, anyone who argues that kind of activity is legal is either deliberately ill-informed or convinced that his own sense of morality takes precedence over the legal system.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Global Dissem Via P2P Is Not Fair Use by Rogerborg · · Score: 2

      I have used P2P recently to suck down copies of Dungeon Keeper 2 and Master of Orion 2. I own purchased CD's for both of them, but the CD's are hiding in my disc collection somewhere and it was quicker and easier to suck that information down a cable than it was to find the same information on hard media.

      Is that technically legal? Probably not. Is it wrong? Of course it isn't wrong. There's no victim, no loser, no moral or ethical issue.

      Your argument is that the person making it available for downloading is in the wrong. Uh, why? Is it wrong for shops to put CD's on shelves? Surely people with criminal intent will just steal them without paying! We must crack down on this irresponsible behaviour immediately.

      Sophistry indeed. Your argument is the same as was used to try and ban the VCR, that because the most likely use of the technology is to breach copyright, the technology should be banned. OK, let's do that. Where do I hand in my VCR, and more importantly, where do I claim back all the money that I've given to the MPAA's members over the years?

      If the most common use of P2P is to breach copyright, the answer isn't to try and put the genie back in the bottle, it's for rights owners to figure out how to make money off of it. They've managed it plenty of times in the past. Why should it be different now?

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:Global Dissem Via P2P Is Not Fair Use by reallocate · · Score: 2

      It is legal for shops to put CD's on the shelves because they purchased the merchandise from a distributor for the express purpose of retailing them. They did not purchase the right to make an arbitrary number of copies of each CD and keep selling them, over and over. By the same token, someone who purchases a CD for personal use has not purchased the right to make a digitized copy of that CD available to an arbitrary number of people via the Internet. Fair use does not encompass that.

      Please note that I'm not arguing for or against any technology. I'm just asserting that copying distributing the entirety of a copywritten product is illegal. The technololgy used to commit that illegal act -- the Internet, a printing press, a VCR -- is irrelevant.

      I also have to believe that almost all the histrionics in support of the "right" to dissem music via the Internet is generated simply because people can get music for free that way. If, as you suggest, downloaders had to pay, say, a buck a track, there'd be a lot less posturing going on.

      In the end, it doesn't matter if any individual considers such behavior "illegal but not wrong". the law is the law, until changed, and I doubt that the constituency for P2P filesharing (which appears to be largely confined to college-age males) has the clout to change the law.

      --
      -- Slashdot: When Public Access TV Says "No"
  67. It's about BANDWIDTH, not content by LazyBoy · · Score: 2, Informative
    We use OOL and we got the mail everyone's talking about. And for about two minutes it made me think about switching to DSL and DirectTV.

    Then I remembered that I'm getting mad bandwith/$ (link: fastest ISP's). I've measured 6 Mbps to an OOL server and 3.8 Mbps to the other coast. For $30/month. DSL would be 700 kpbs (about 1/10th) for $50/month.

    Also, it's their business and they've had a "no servers" policy since before I subscribed. I wouldn't want anyone telling me how to define my business. If we don't like it we can vote with our wallets. But this compromise is easy for me.

    That said, I am an occasional P2P user, and I think sharing is appropriate to the model. I'll be looking into how much usage it takes to draw any attention and if the penalties are temporary caps (vs. being booted). But at this rate and price, I don't want to get booted!

    --

    If Chaos Theory has taught us anything, it's that we must kill all the butterflies.

  68. Not about legal issues by first+axiom · · Score: 1

    This is not about legal issues or about "downloading music", as the writeup suggests. This is about a bandwidth crunch. OptimumOnline restricts users from running "servers", and they consider P2P software to be a "server" when used to offer files to the internet.

    I still don't agree with restricting people's internet connections, and I know no one reads the articles they comment on, but at least people could read the articles they submit.

  69. Re: No Uploading by p0rnking · · Score: 1

    ""In disturbing news this week Cablevision's high speed broadband unit OptimumOnline has sent letters to subscribers warning that uploading to P2P networks will no longer be tolerated. Obviously bowing to record and movie industry pressure ... I remember not to long ago where OptimumOnline ran TV ads touting the ability to grab music from the Net."
    K, first off, I don't see what's really so "disturbing" about this. You can't (illegally) send ppl files over P2P. And how is this a big deal? They're still letting you download files. I bet a huge % of you's, already have the "disable sharing" feature on. And I also bet, that if you seen what % of bandwidth your ISP is using (and how much they have to pay for this), to support your file swapping, you'd do the same thing.
    If ppl didn't abuse it, there probably wouldn't be a problem, but that isn't happening, and that's why ISPs are doing such things as this, or "capping" your connection.
    As for the "I remember ... OptimumOnline ran TV ads touting the ability to grab music from the Net.", well, you still can.

    I get a kick out of you's Linux g33ks ... if something isn't free, you's complain about it. Sorry to say, but everything does come with a price.

  70. It's their own damn fault, then. by Radi-0-head · · Score: 2, Informative

    You say the default config for OOL is 10 megabits down and an ENTIRE MEGABIT upstream?

    Sounds like the idiots that run the place have no fucking clue how the cable system works. Upstream bandwidth is severely limited because it runs on lower frequencies (5-42 MHz) with fewer channels to work with. Assigning every user an entire megabit of upstream data when each node is only capable of handling about 10 megabits is a recipe for disaster -- put a few heavy P2P users on the line and you'll be saturated in no time.

    Cox Communications and Time Warner both cap upstream bandwidth at anywhere between 128-384k, and nothing more. They have successfully managed their bandwidth from the start and hence don't have to backpedal in a panic, pissing off thousands (millions?) of subscribers.

    This is OOL's fault -- not P2P, not the end users.

  71. List of products restricted reveals their motives by ftobin · · Score: 2

    It's obvious that 'security' isn't their motive in this move. If you look at the products listed, it's obvious that they're trying to block p2p applications which, among other things, distribute music files. If 'protecting people from themselves' (that their 'security' really means) is what they're after, they would also have included Freenet and GNUnet.

  72. Re:So its their job to enforce laws? by davinc · · Score: 1

    Alright then, so is it ok for rental companies to put cameras in their cars and watch renters... Making sure they don't say..
    - pick up hookers,
    - make shady business dealings inside
    - bring in an explosive or illegal substance?

    If that doesn't bother you then more power to you brother... you should have no problem with the constitution being dismantled over the next decade. You seem perfectly happy to have laws enforced by those who have no business forcing them on you.

  73. Users should sue by Anonymous Coward · · Score: 0

    If the company advertised that you could grab music on the net & now is not delivering, they can probabl y (IANAL) be sued. False advertising, with damages. Get a good leech^H^H^H^Hawyer and have at them. Depends on what they said in their ads of course.

  74. Actually by CaptainSuperBoy · · Score: 2

    You've demonstrated that you know little about the DMCA. The accused doesn't have to win in court, all they need to do is send you a counter-notification letter and you are required to turn their service back on.

    1. Re:Actually by jez9999 · · Score: 2

      Wow. You know, the DMCA is really starting to sound like a sensible, functional piece of legislation.

  75. dude you have too much spare time by Anonymous Coward · · Score: 0
  76. Tough luck, cowboy by Anonymous Coward · · Score: 0

    If I'm paying for cable I don't give a shit if your company has problems with my "excessive" usage.

    Either cap me or stfu.

    Your technical problems are none of my business.

    1. Re:Tough luck, cowboy by papasui · · Score: 2

      LOL and you posted as 'anonymous coward'.

    2. Re:Tough luck, cowboy by Anonymous Coward · · Score: 0

      he's probably an optonline customer...

  77. "Bandwidth Stealing" by Crusty+Oldman · · Score: 2

    I'm getting a little tired of this talk about "bandwidth stealing". It's hype, and they should be called on it. If the ISP's have the capacity, then it doesn't cost them an extra nickle when you use it. If they don't have the capacity, then they shouldn't be contracting it to you in the first place.

    Now, if the access providers want to put a cap on the amount of bandwidth you use, and tell you this up front, then I have no problem. But, if they want to change the terms of your contract, and if they want to decide which "approved" service you can connect with, then I have a big problem. You should too! It's your resource, you paid for it. Use it.

  78. Re:So its their job to enforce laws? by DoraLives · · Score: 1

    Drifting OT here, apologies in advance.

    You are saying it would be ok for Ford and GM to put monitors on all of our cars so that if we exceed the speed limit they can come take the car back?

    Soon, very soon, you're going to be seeing this VERY THING on cars and Bob knows what else, and when you've violated your Ford EULA, your warranty is kaput. For starters.

    The folks in Redrum WA have opened up an Evil Can of Worms with all this EULA crap and before it ever gets better, it's going to get a LOT worse.

    --
    Is it fascism yet?
  79. Finally by Anonymous Coward · · Score: 0

    Finally someone around here shows us that he has some brains ;)

  80. Re:Gun Control by Anonymous Coward · · Score: 0

    I can see two differences between guns and P2P networks:

    • Guns kill people, P2P networks don't.
    • Nobody has had any success in removing the guns.

    I think its a pretty sad reflection on America that it thinks guns are great and P2P networks are evil. Its all completely backwards.

  81. this is better by Anonymous Coward · · Score: 0

    http://www.geocities.com/julielavine/julie1.jpg

  82. Can't Deliver As Advertised... by crashnbur · · Score: 1

    Hmmm. False advertising lawsuit, anyone?

    1. Re:Can't Deliver As Advertised... by PhuCknuT · · Score: 1

      Hmmm. Nope. They don't advertise the ability to upload to p2p networks anywhere.

    2. Re:Can't Deliver As Advertised... by crashnbur · · Score: 1

      No, but they advertised it then, and presumably many people signed on to their service as a result of those ads. Now they are not serving what they promised to serve, once upon a time. I think a lawsuit would be stupid... if people don't like it, they should switch to another service. But this is America! We are the culture of making everything convenient for us with the least effort possible, no matter who it hurts.

  83. Re:love by Anonymous Coward · · Score: 0

    try efnet instead of dal or new.

    what you want when you want it. it's a jungle in there!

    say hi to laotse

  84. Re:Gun Control by Twirlip+of+the+Mists · · Score: 1

    Guns have tons of legitimate uses that cannot be carried out with any other tool: hunting, sport shooting, defense. P2P networks have no legitimate uses at all that cannot be (better!) carried out with another tool.

    On the list of things I would abolish if I were king of the world, all this P2P crap would be #3. Right after terrorism and "Everybody Loves Raymond."

    --

    I write in my journal
  85. Re:love by Anonymous Coward · · Score: 0

    All of your arguements are valid for dcc or fserves on irc, I agree. However they do not apply to ftp.

    I have several "sites" that now employ encrypted sessions. Now not only does the site op control who logs in from where, the bandwidth, and max logins, he also guarantees that any interception will be fruitless.

    fed: "what's all this traffic?"
    isp: "gibberish, we don't know."
    fed: "can we charge them with a crime such as theft or copyright infringement?"
    isp: "we can't prove what the data is."

    does KAZAA support encryption?

  86. Recording companies should be happy. by emptybody · · Score: 2
    Answer this poll question:
    Since I began downloading audio/video from the internet, My purchaces of same have:
    1. increased very much
    2. increased some
    3. increased very little
    4. stayed the same
    5. decreased very little
    6. decreased some
    7. decreased very much
    --
    comment directly in my journal
    1. Re:Recording companies should be happy. by josh+crawley · · Score: 1

      Answer this poll question:
      Since I began downloading audio/video from the internet, My purchaces of same have:

      1. increased very much
      2. increased some
      3. increased very little
      4. stayed the same
      5. decreased very little
      6. decreased some
      7. decreased very much

      Depends.. Do you mean buying from "Sam Goodys" or other over-expensive places? I do NOT buy from those shops. Insetad, I buy second hand cd's at 1/2 priced book stores, along with my books. I sample stuff from the net to look for in those outfits. Never the less, the record companies still hate me. I'm not the ideal customer.

      However, I have bought a few anime series which I downloaded (fansubs). For one, is Aa! Megami-sama. It's a wonderful movie, and a great date one at that. Cause of the internet, my anime "consumption" has went from 0 to about 4 dvd's a year. I have over 200 cd's of avi's and mpegs, but I buy what I love.

  87. Re:Gun Control by ShadowDrake · · Score: 1

    >P2P networks have no legitimate uses at all that cannot be (better!) carried out with another tool.

    1. Untrue. Decentralization is a major win for certain applications. I can see it being a useful tool for working around censorship, for example.

    2. If we cut it off now, we don't know what future applications may develop.

    --
    It's just like a fascist dictatorship, without the punctual rail service!
  88. The issue is bandwidth abuse. by the+eric+conspiracy · · Score: 2

    The OOL terms and conditions clearly list servers as unaccaptable use, and always have. In addition OOL has not been 'pulling the plug' on P2P users - they have been throttling the upload bandwidth by decreasing the bandwidth cap on the upload channel from 1 Mbps to 150Kbps.

    Despite speculation that this action is due to pressure from the movie/music industry, nobody has any hard evidence this is the case.

    What is definitely true is that the nature of network use is changing - when the original cable protocol (DOCSIS 1.0) was designed bandwith utilization was 30:1 down to up, so DOCSIS 1.0 was designed for this sort of asymmetric load. This was before the days of VPN, sending digital photos to grandma, videoconferencing, etc. Unshaped traffic right now is running more like 2-3:1. With some optimization it's possible to get a DOCSIS 1.0 network to efficiently handle 10:1, but that's still a long way fron 2:1.

    The result is that there is a big strain on upload channels in cable networks right now. Even OOL, which has the best bandwidth/customer right now is feeling the pinch.

    DOCSIS 2.0 equipment, which is just starting to roll out is capable off symmetric operation - cable operators really want this for a variety of applications, however they also have an equipment plant with relatively new 1.0 hardware and generally a huge amount of debt. It's hard to predict how fast 2.0 will be rolled out.

  89. As an Optonline customer... by ellem · · Score: 5, Interesting

    ..let me tell you the service level has dropped off so much it is ridiculous.

    First they have been running "brown-outs" in Brookhaven township (Suffolk County, NY.)

    Second the Helpless Desk has been telling people to turn of and especially DISCONNECT their routers when they call for outages. They do not explain themselves they simply tell people to disconnect the equipment. Then when the problem is not resolved they tell the customer to leave the Router out of the mix and wait a while. "Do not hook the router back up.," they implore.

    Third, and this is just heinous, the cable technicians have been "chopping the lines" of customers they suspect have either extra cable runs, or (God forbid) who have Satellite Dishes. I live in Farmingville and not only has this happened to 6 (SIX) of my neighbors but one of those fukkers was in my yard when they were supposed to be working across the street. My wife confronted the guy and he told her that satellites were unreliable and "anyting" can happen to them and that she should consider going back to cable. I came out and exlained that if he didn;t get off my property I'd bury him in it. I took his plate number and Van number and Cablevision has denied he was even in the neighborhood. We are pressing charges along with our neighbor's who's Sat Dish lines he cut. I doubt we have a rogue installer.

    As soon as DSL is on this block we're switching.

    --
    This .sig is fake but accurate.
    1. Re:As an Optonline customer... by the+eric+conspiracy · · Score: 2


      Second the Helpless Desk has been telling people to turn of and especially DISCONNECT their routers when they call for outages.

      Well DUH! The help desk drone isn't trained to support routers. It also says specifically in the OOL contract that they don't support routers.

      You can you 'em if you want, but they aren't going to help you with 'em.

    2. Re:As an Optonline customer... by Anonymous Coward · · Score: 0

      99% of the time, the outage is the ISP and not the router though. Disconnecting it changes nothing. They (should) know where their service outages are when you call.

    3. Re:As an Optonline customer... by the+eric+conspiracy · · Score: 1

      They (should) know where their service outages are when you call.

      They don't tell you to disconnect the router unless their status checks show the cable modem is connected and working correctly.

    4. Re:As an Optonline customer... by Anonymous Coward · · Score: 0

      I can't speak for OO, but I know lots of ISPs just tell people to disconnect routers before they even do anything else.

    5. Re:As an Optonline customer... by cacav · · Score: 1

      I'm an OOL customer too, and haven't had any major issues (other than an old HBO line filter being left on after their switch to fiber that screwed up my cable modem when I first used it).

      As for the router, I talked with the tech who had to come over and remove the old filters, and he said they don't support the routers because they want to make you pay for another cable modem instead (duh), and they don't want to have to support umpteen million router phone calls.

      OOL's policy on routers makes sense from their end, both from a customer support end and a monetary end. Some percentage of people are dumb enough to buy the second modem, so they get extra money right there. And they don't have to answer a lot of questions on various routers. As for disconnecting it when on the phone, that part probably makes sense because it removes an extra variable from the diagnosis.

    6. Re:As an Optonline customer... by papasui · · Score: 2

      LOL, crack head.

    7. Re:As an Optonline customer... by goon+america · · Score: 2

      I'm an OOL customer, too. A few weeks ago we had brownouts here, in Fairfield County, CT. During peak hours, which was about from 3:00 pm to 10:00 pm, the internet would totally shut off for 20-30 seconds at a time every 2 minutes. This went on for 3-4 weeks. As someone who needs to use the net for work from home, needless to say, this was beyond frustrating.

    8. Re:As an Optonline customer... by InfiniteWisdom · · Score: 1
      the internet would totally shut off for 20-30 seconds at a time every 2 minutes


      THE INTERNET would shut off???!!!! OMG this is bug. I thought the Internet was designed to be all robust and everything so that nothing short of a complete partition would prevent it from functioning
    9. Re:As an Optonline customer... by /dev/trash · · Score: 2

      That's sad. This is why I hate the FCC's shooting down the DISH merger. Sure it would create a DBS monopoly but no a TV monopoly. But I guess Cable companies spreading misnformation and cutting lines is ok.

  90. Propoganda from scared ISP's, that's what. by AnonymousCowheard · · Score: 1

    In a world of virtual networks ontop of encryption and living upon the internet, who are they to know what communication is moving between private hosts? Whoever says it isn't private, let me assure you it will be when you are unable to decrypt the transcription. It was never intended for your eyes if it were private. Internet service providers thinking they can try to filter and scan data based on its socket number and IP headers will just be a waste of time, waste of money, and waste of resources. Time, money, and resources are one and the same and nobody should be forced by contract to make others compliant. That would be like me being forced by the mob to dump all the dead bodies off the bridge for free; I say do it yourself and I'm the necromancer. muah ha ha.

    They may pull my finger before they will ever get near pulling the plug. I guaruntee it.

    --

    But I'm sure you already Gnu that.
  91. DC++ by kupo+zero · · Score: 1

    Thank god, they arent going to "disable" that.

  92. furthurnet.com by arcadum · · Score: 2, Informative

    Furthur is a P2P distrobution system that allows for easy trading of live shows... It has developed(evolved) from FTP sites, and snail mail trades. Etree.org has the names of people you can send blank media to have them record and send back for your listening pleasure.

  93. exceptions by akb · · Score: 4, Informative

    I can think of two notable exceptions to the mantra that they only use being made of p2p is for pirating. Furthurnet is a p2p network which grew out of the tape trading community which takes copyright and the artists wishes very seriously.

    The other example Transmission Films is distributing high quality movies protected by DRM via Overnet.

    The Internet Archive has terabytes of share friendly information, they are evalutating several p2p platforms for helping to keep their bandwidth bills down. I've downloaded Redhat ISO's from edonkey, when they first come out the primary distro point and mirrors are swamped for at least a week.

    1. Re:exceptions by Fnkmaster · · Score: 1

      And how about all that excellent amateur porn out there? Presumably this stuff is put out there with the understanding that it will be passed around. Lots of pr0n videos on P2P networks (admittedly, some of the professional pr0n videos are probably not legal to redistribute, but I haven't heard the porn industry knocking down on anybody's door trying to shut down Kazaa et. al.).

  94. Damn... by Anonymous Coward · · Score: 0

    That sounds like a reactionary's wet dream. Thankyou but I want society to have room to grow.

  95. Re:Business impact of preventing p2p file transfer by Anonymous Coward · · Score: 0

    Who is this Rick you speak of, and why is he so important?

  96. Re:Gun Control by Blue+Stone · · Score: 2

    "Legitimate."

    I love that word; it's so...

    subjective.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  97. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    I can see it being a useful tool for working around censorship, for example.

    The best tool for working around censorship is the photocopier. We had this argument in the context of Freenet a few months ago. The conclusion was that there is no non-trivial legitimate use of this sort of decentralized technology. In an oppressed country where speaking one's mind can lead to imprisonment or worse, the audience to which you want to send your message certainly does not have computers. Technology like this is useless for circumventing unjust censorship. But running off a thousand copies of something and passing them around clandestinely will work as well today as it did in the 1700's.

    --

    I write in my journal
  98. Re:2 can play this game; Ban optimumOnline IPs on by Anonymous+DWord · · Score: 1

    That's pretty lame, not to mention that a 'degraded' OO client still uploads faster than 90% of everybody else who's on P2P.

    --
    "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
  99. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    I love that word; it's so... subjective.

    Huh?

    Legitimate \Le*git"i*mate\ a. 1. Accordant with law or with established legal forms and requirements; lawful.

    --

    I write in my journal
  100. Re:love by Anonymous Coward · · Score: 0

    Kazaa has encrypted by default for a while now. FTP is slower than a swarmed download on FastTrack in almost every case. IRC is just gay. Smart people have better things to do than sit at an IRC window all day chatting with other nerds. Smart people just crank up Kazaa Lite, start a download (or click on a sig2DAT link, that's even easier) and go out and get laid.
    Still not convinced? Just try to think of any IRC lusers who have had sex with a real women without paying for it in the last thirty years. Case in point.

  101. Re:Gun Control by nolife · · Score: 3, Interesting

    Are you being sarcastic? I do not believe these two are related in any way shape or form but I'll bite anyway.

    Guns have tons of legitimate uses that cannot be carried out with any other tool: hunting, sport shooting, defense.

    You mean no other tool if you want to sit on your lazy ass up in a tree stand and hope something comes within 100 yards of you. I have nothing against hunting with a gun, just trying to show a different viewpoint.
    Yes, obviously sport shooting as that does require a gun but the others are bull. You can hunt with many tools like arrows, traps, spears, rod and reel, sling shot, knife, stun gun etc... Might be a little harder from a distance but people have been using these for thousands of years and still do, well not the stun gun.

    P2P networks have no legitimate uses at all that cannot be (better!) carried out with another tool.

    Just because a tool might seem better for what you are doing does not make it better for everyone. I have downloaded and upload gigs worth of car pictures, street racing videos, local track racing videos, and amature videos (not porn either) from P2P, all non MPAA/RIAA and free to distibute. Where else can I find a repostitory of these things? Where else can I post and share my material with others and NOT have to go through a third party commercial entity that charges per GB or can hold a few GB's of material for as cheap as P2P can do from my home PC? Add that it be non centralized and searchable for everyone to use freely and participate. Sure I can search around with Google and find stuff on web pages here and there, some on usenet and very little on IRC but all of these combined are many orders below what I can find on P2P.

    --
    Bad boys rape our young girls but Violet gives willingly.
  102. Re:So its their job to enforce laws? by the_2nd_coming · · Score: 1

    there are diffrences with laws that govern your communication to those that govern your privacy.

    --



    I am the Alpha and the Omega-3
  103. Why not TW? by Cyno01 · · Score: 2

    I have Roadrunner and you'd think it would be subscribers to an AOL/Time Warner service would be getting letters about sharing media over the internet.

    --
    "Sic Semper Tyrannosaurus Rex."
  104. Re:2 can play this game; Ban optimumOnline IPs on by NineNine · · Score: 2

    FastTrack already has a mechanism in place for this. KazaaLite v 2+ has a "participation level" that's determined by number of files uploaded and quality. Supposedly those with higher participation levels will also be able to download faster and more files (people with high participation levels can download from other people with high participation levels). It doesn't seem to be working, though. I've got a very high participation level on one computer, and I still have people with zero participation downloading from me. Maybe it's not activated yet... I dunno... but it's definitely there. If it gets switched on, then all of those people who can't upload will be left swapping files with each other (ie: no files to swap).

  105. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    You can hunt with many tools like arrows, traps, spears, rod and reel, sling shot, knife, stun gun etc...

    Try to bring down an elk or a reindeer with a spear. Go right ahead. When you make it back-- if you make it back-- you can tell me how it went.

    But more importantly, you forgot the most important legitimate use of a gun: defense.

    I have downloaded and upload gigs worth of blah blah from P2P, all non MPAA/RIAA and free to distibute.

    Fine. But you could have done it better with other tools, tools that have non-trivial legitimate uses.

    Where else can I post and share my material with others and NOT have to go through a third party commercial entity that charges per GB or can hold a few GB's of material for as cheap as P2P can do from my home PC?

    If you can do it with Kazaa or whatthehellever, you can do it with an anonymous FTP server. Unless your ISP prohibits it, of course, in which case the answer is "you can't do that."

    Add that it be non centralized and searchable for everyone to use freely and participate.

    Yup. Remember archie?

    --

    I write in my journal
  106. Well since you asked.... by Kibo · · Score: 2

    I have a promotional vinyl copy of Tommy Shaw's Girls With Guns. A catchy and pretty ammusing song. I didn't have a car stereo that did tape, so I asked a guy who had it on one of his play lists to send it to me. I had a copy I was free to duplicate, someone saved me the huge pain in the ass of doing so.

    One of the few songs I've gotten off the internet, the others are from bands like The Minibosses, They Might Be Giants, Daft Punk et al that offer songs for download.

    Interestingly enough my introduction to TMBG, BNL, and Alpha Team were from bootlegged tapes. It took quite a while to locate Go Speed Go, but music stores around here are a little better now. In the case of the first two, they've done well enough by me, that I imagine they're ok that the first time I heard them it wasn't exactly "legal." When I finally track down the last couple of missing albums Long Tall Weekend, and the singles I might not know exist, I'll be making the ultimate TMBG compilation cd. An mp3 disc so utterly sweet that I'll be able to glue my face plate on, as I'll never need to change a cd again. I would bet the Johns would be fine with that, their business managers on the other hand....

    --
    --Jimmy has fancy plans; and pants to match.
  107. Re:Gun Control by Anonymous Coward · · Score: 0

    > [...]
    > Try to bring down an elk or a reindeer with a
    > spear. Go right ahead. When you make it back--
    > if you make it back-- you can tell me how it
    > went.
    >
    > But more importantly, you forgot the most
    > important legitimate use of a gun: defense.
    >

    Lookie there, you like to kill animals from a distance and just for fun? Wow how brave you are!
    Now, that's an argument for having guns.

    Oh the good old "defense" argument.
    So how many times in your life have you been attacked by somebody? I doubt that.

    > If you can do it with Kazaa or whatthehellever, > you can do it with an anonymous FTP server.
    > Unless your ISP prohibits it, of course, in
    > which case the answer is "you can't do that."

    Then why ban P2P networks?
    You still can download copyrighted material and whatnot, it's only harder to find.
    Better yet, let's bring "P2P banning" to the "real world" and put some person from the government in every house, who checks if we're lending CDs out to our neighbours.

    You could as well "enhance" existing FTP servers to communicate with each other.

  108. Lessig talks about this by bgfay · · Score: 4, Insightful

    I've been reading Lawrence Lessig's _The Future of Ideas_ and he talked about this and made it clear why it would happen and the inevitability of it. Cable is the closed network of our time. There are far too many controls on it. I wonder how it is that the network providers are so short-sighted that they believe that this model is the way to go.

    As for peer-to-peer and that it trades only illegal stuff, well that's hogwash. Yes, p2p is being used for a lot of file sharing right now and most of it is still protected by (an outrageous system of) copyrights. But p2p is an infant and there is no way to tell what it will be used for in even one year's time. I bet that p2p users will outwit the cable companies, bypass them and, unless they open their networks, make them irrelevant.

    What will come in the place of cable. Hell, I don't know, but the cable industries stands of today feel a lot like aol's work of yesterday. Aol's dying. Cable will be next. Something else will take its place.

    Until then, if you've got access to dsl and you value openness, call Verizon or whoever. The phone companies are the only ones who have to leave things open. Though, that might change. Things are getting creepy under the Generalisimo Bush. Egad.

    --
    Yeah, I'm as old as my UID would suggest.
    1. Re:Lessig talks about this by jez9999 · · Score: 2

      Aol's dying

      Judging by some of the amorous comments made by Slashdotters, let alone average people, about AOL, I fear that may be wishful thinking :-)

  109. SSH running by aliens · · Score: 2, Interesting

    I got SSH running, I'd be very pissed if they felt the need to disable that. I've had trouble with port 80 tho...

    I'd like to start a freenet node, do they mention anything about that?

    --
    -- taking over the world, we are.
    1. Re:SSH running by exhilaration · · Score: 2

      They blocked port 80 during the Code Red days - tech support confirmed this.

  110. Quick Solution. by danalien · · Score: 1

    Is it to hard to embed "ssl tunnel" into a pice of software? www.stunnel.org is opensource, just needs YOU to embed it :)

    and start encrypting the packets....

    the ISP's can't block/filter packets they can't understand (descramble, decode... etc etc).


    PS - And don't say your brand new snazy 1+ Ghz computer will not cope! :)

    --
    I don't claim I know more than I know, and if you know you know more than I know, then by all means, let me know.
    1. Re:Quick Solution. by base3 · · Score: 1

      Then the ISP's will change their TOS, and just cut off anyone using a significant amount of upstream bandwidth. The only way to win is to find another ISP--and if they all go this route, to establish networks outside the Internet.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
    2. Re:Quick Solution. by danalien · · Score: 1

      thats like signing their own extinction (death). No new customers will want their services, and old once one-by-one will eventually leave.

      ...and pretty soon they will be out of business.

      So i doubt they will change their TOS... just because of the RIAA & co whats it so.

      --
      I don't claim I know more than I know, and if you know you know more than I know, then by all means, let me know.
    3. Re:Quick Solution. by base3 · · Score: 1
      Were that only true--but their customers are interested in downloading, not uploading. Now if the cable companies single-handedly behead P2P networks, there might be something to that. But I imagine cable customers would be content to leech files from .edu and DSL users.

      --
      One CPU cycle wasted on digital restrictions management is ONE TOO MANY.
  111. Supernode by Anonymous Coward · · Score: 0

    If in Kazaa, I disabled the option to act as a supernode, does that mean that i'm not longer acting as a server and may keep using w/o being void of contract?

  112. They block port 80.. by Bob+Cat+-+NYMPHS · · Score: 1

    yet they don't mention that in their AUP. Fine, my remote access is telnet, ftp, and some randomly chosen ports for http.

    I hope I did not randomly choose a forbidden port!

  113. Re:2 can play this game; Ban optimumOnline IPs on by Anonymous Coward · · Score: 0

    No, higher participation levels just get higher queue priority. Naturally, this was quickly gamed so that anyone who wanted to could cheat their way to a (maximum) level of 1000.

  114. Re:Gun Control by nolife · · Score: 1

    But more importantly, you forgot the most important legitimate use of a gun: defense.

    I never said guns did not have legtimate uses. They are very good at what there were designed for and the most efficient/easiest tool to use in almost all cases. I was commenting on your all encompassing statement that a gun was the ONLY tool that could be used.

    Fine. But you could have done it better with other tools, tools that have non-trivial legitimate uses.

    And your answer is anonymous ftp? You call that a better solution? Dude, you cant be serious.
    How in the hell are you going to find these ftp servers and search through there contents for what your looking for? How long are you going to search for and inside of anonymous ftp servers for a amature video of a person going 180mph on a motorcycle? What happens when those anonymous FTP servers also have MP3's on it, does that now make FTP illegal?

    --
    Bad boys rape our young girls but Violet gives willingly.
  115. So do FTP by TheBillGates · · Score: 1

    I learned in the napster days that P2P was useless. The download was spotty and P2P was only useful for finding others with similiar interests.

    So those of us who liked the same genre set up FTP servers (using non-standard ports to thwart the ISP scans) and created accounts for everyone in our small group. Lots of goodies and faster transfer rates than napster.

  116. Bowing to corporate pressure by Daimaou · · Score: 2

    First of all, I'm all for buying the music, etc. that you use. I have an ogg collection, but I also own the CDs that they were ripped from. However, the music industry is wanting too much control and power, and I think people need to fight against that.

    Having said that...

    There is an easy consumer countermeasure to this corporate pressure. Everybody needs to upload and download from P2P constantly from now on. The cable company will not disconnect ALL of their customers, and if they do, so what. Use a different service.

    Of course, most people don't have it in them fight for anything anymore.

  117. Slackmolian way is putred by noshellswill · · Score: 0

    Drool on, byteboyz ... you and the other twelve (12) Slackmolian users world-wide. Sure , with practice ya can do anything ... makemakeinstall&& ... one-handed cause the other thumbs up-yer-azz.

  118. That's more like 15000 feet by billstewart · · Score: 2
    DSL is available in a fairly high fraction of non-rural residences in the US; your distance from the telco office determines what speeds you can get, and it of course depends on what DSL technology is being used, but typical limits are 12-18000 feet for 384kbps or various ADSL speeds, and about 30000 feet for IDSL (which uses ISDN technology, so it's a boring 128/144kbps, but better than modems.) If you want the newer up-to-8Mbps DSL flavors, you need to be much closer, and there are a lot fewer POPs supporting, and the pricing is usually a lot higher.

    I'm getting about 800-900kbps ADSL at a distance I've been told is somewhere between 12000 and 16000 feet, depending on who measured it (I think it's really about 12-14000 feet but bad wiring...). A few years ago, I had 384kbps SDSL here, but 768kbps SDSL didn't work.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  119. Re:Gun Control by TKinias · · Score: 1

    scripsit Twirlip of the Mists:

    The best tool for working around censorship is the photocopier. ...running off a thousand copies of something and passing them around clandestinely will work as well today as it did in the 1700's.

    Um, I didn't think they had photocopiers in the eighteenth century.

    --
    In principio creauit Linus Linucem.
  120. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    I was commenting on your all encompassing statement that a gun was the ONLY tool that could be used.

    Never said that. I said that there are non-trivial, legitimate uses that cannot be as well served with anything other than a gun. In other words, there's a need for a gun. It serves a purpose.

    P2P software serves no legitimate purpose. On the other hand, it does a great deal of harm. So abolish it. Q.E.D.

    How in the hell are you going to find these ftp servers and search through there contents for what your looking for?

    Ever heard of archie? It may well be before your time, but it worked very, very well for just this purpose. Getting archie back up and running would be a trivial task compared to the energy that went into writing all these horribly unstable, spyware-laden P2P programs.

    What happens when those anonymous FTP servers also have MP3's on it, does that now make FTP illegal?

    No, because (see if you can follow along here) there are non-trivial, legitimate uses that cannot be as well served with anything other than an FTP server. See the logic now?

    Besides, abolishing all this P2P crap and getting back to FTP will put the focus of this problem back where it belongs: on the users who are breaking the law, rather than on subversive and illegitimate software tools that should never have been created in the first place.

    --

    I write in my journal
  121. Re:Gun Control by schon · · Score: 2

    Guns have tons of legitimate uses that cannot be carried out with any other tool

    Do you really believe this, or are you just trolling?

    There is only one thing that you can do with a gun that you cannot do with any other tool: shooting things.

    hunting

    Yes, because everybody knows that human beings didn't become hunters until the gun was invented, right?

    And all those lions, polar bears, wolves, hyenas, cheetash, tigers, etc.. all use guns, right?

    sport shooting

    Using guns for the sake of using guns. Brilliant.

    defense

    This one kills me (no pun intended :o) defense!?!?!?! Against what?

    Guns.

    A knife or a bat are useful for defense too, and unlike a gun, they have more than one use.

    It's interesting that everything you adamantly state cannot be done without a gun can be done without one - except "shooting a gun".

    P2P networks have no legitimate uses at all that cannot be (better!) carried out with another tool.

    A P2P network, is useful for the distribution of information - better, in fact, than any other method, because you're not limited to a single distribution point. Redundancy is built into the system, which makes it better suited for wide distribution of files.

  122. Re:Gun Control by Dun+Malg · · Score: 2

    I love that word; it's so... subjective.

    Huh?

    Legitimate \Le*git"i*mate\ a. 1. Accordant with law or with established legal forms and requirements; lawful.

    I think he was talking about the way the word is so often used. For example: "there's no legitimate reason for allowing P2P apps, therefore it should be banned". This statement uses the word in a very subjective way, since clearly if P2P isn't banned, then it is by definition "legitimate". No, sadly, the word has come to be used to mean something like "reasonable, in my opinion". It has drifted in meaning from "codified in law" to "worthy of codifying in law".

    --
    If a job's not worth doing, it's not worth doing right.
  123. Re:Gun Control by Anonymous Coward · · Score: 0

    > Try to bring down an elk or a reindeer with a
    > spear. Go right ahead. When you make it back-- if
    > you make it back-- you can tell me how it went.

    Hunting elk with a spear.... pfft...

    Or you can do it the non-stupid way, plant something shiny and flappy downwind of the herd, wait for an overly curious one to walk over, then pop it across the throat with a machete and jump back.

  124. Re:Gun Control by akb · · Score: 2

    P2P networks have no legitimate uses at all that cannot be (better!) carried out with another tool.

    How's that? The Internet Archive has terabytes of information that they want people to download for free. They have a big bandwidth bill so they want to use p2p networks to help scale. Is this not a legitimate use or is there a better way to do this?

    This would apply to any number of uses, from Debian ISOs to public access television shows.

    Even commercial enterprises could realize benefits, Transmission Films is funding development of Overnet so that they can distribute high quality DRM'd movies. 'member the Victoria's Secret webcast? Or the BMW car commercials? Not everyone can afford to pay Akamai.

  125. Re:love by Anonymous Coward · · Score: 0

    No, KaZaA does not support encryption. I hate to say, but your points about the control the site op has are more in my favour. While in your case, I'm sure this power is not abused; I can easily see semi-leeching morons restricting the bandwidth up to something like 0.10k/s.

  126. Easy Solution to an Easy Problem by infiniti8 · · Score: 1

    There's an easy solution to all of this.....Ban anyone from d/ling files who doesn't upload files to P2P networks. That way the lazy people who wouldn't even think about complaining will complain when they can't d/l files from their favorite network. When these ISP's, start getting a whole bunch of complaints concerning this issue they have 2 choices...ignore their customers, or submit to what their customers want. Either way we win. If they ignore their customers, they will eventually switch to ISPs that allow uploading. Otherwise they'll allow uploading. Simple and easy don't you think? People won't pay for broadband if they can't even d/l a file. Don't give people a choice, either they complain....or they don't get their files....either they switch to another ISP, or they pay ISP service charges and recieve nothing in return. Simple solution to a simple problem.

  127. Corrective action; lets lock them out. by Anonymous Coward · · Score: 0

    Ok, so optimum wants to turn their subscribers into leech only, thats fine. Now they may have another issue to deal with. If optimum users are not sharing any files, and those who run p2p networks know that they are undermining their networks in this fassion, who says the peer to peer networks have to allow them access? If their subscribers lose access to p2p networks completely, then they will lose their subscribers money completely.

    That said, anybody know of an easy way that I can universaly block optimum online users from communicating with my computer in a direct client to client manner? This way I don't have to share anything with any of them. I hope everybody follows in my footsteps on this as well, if we all give optimum users the silent treatment, optimum online will have to change their minds.

  128. There will be an opportunity for competitors. by LazloToth · · Score: 1

    Times have been tough for owners of data networks - - not enough people have been using all that cable which cost so much to lay into the ground.

    So let market forces do what they always have done: weed out the greedy folks. If some people choose to threaten their subscribers for using P2P services, some other company will see the situation and say, "Hey - - let's charge an extra $5 a month to let people upload whatever they like, within reasonable parameters, and we'll see how many new customers we get." I think that's what needs to happen in this case - - these turkeys need some competition.

    --


    It's only funny until someone gets hurt. Then, it's hilarious.
  129. Re:Gun Control by Anonymous Coward · · Score: 0

    Ever heard of FurthurNET, a P2P program for sharing live music recordings of artists that allow their material to be freely distributed??? There is no mechanism superior to that for that sort of legal trading. All of the alternatives are more difficult to use, less powerful, and they cost more to implement.

    I think you gotta be smokin' crack to not see how P2P can be a VERY VERY useful and powerful technology for legal file trading. Just cuz you probably only like copyrighted shite doesn't mean you should assume there aren't others of us doing extensive legal trading.

  130. Re:So its their job to enforce laws? by davinc · · Score: 1

    Agreed

    I mainly buy used now. Mostly for that reason, I don't want to deal with companies anymore for ANYTHING (warranties and maintenance in my cars case). Customer service is dead, and customer servitude seems to be the order of the day.

    I'd personally rather buy an off warranty used car like my M3 for less, and take my chances with private mechanics. It's the same reason I won't upgrade from Win2k... no new feature is worth getting tangled in MS's licensing web.

    I'm afraid most Americans will be like the guy I am arguing with above, and never stand up to it. This will leave the minority of us who don't deal well with gilded captivity having to learn to live with the invasions. This is why I despise apologists for bad corporate behavior.

  131. Re:So its their job to enforce laws? by davinc · · Score: 1

    We aren't discussing the issue of what's legal or not. The question is when did it become ok for private companies to become a vigilantes and enforcers of laws. Your cable provider is not a federal agency, its a service provider.

    How many of these mini-gods will we be answering to if this is allowed? I don't want my paperboy withholding my paper because I hit my dog with it.

  132. P2P over WIFI/ 802.11 by Anonymous Coward · · Score: 0

    I'm surprise that there arent more of P2P over WIFI community. Just think - 11Mbps of music/warez/pron

  133. They may just be looking to cut bandwidth by Anonymous Coward · · Score: 0

    Towards the beginning of November I got a call from Optimum Online account security. They wanted to know why I was using so much upstream bandwidth.

    I mentioned that I got a new P2P program and that in order to steal copyrighted material from other Anonymous Cowards I had to let them steal some from me as well.

    "Oh," the guy from Optimum said. "That's fine, but just try to make sure you only share the minimum which that program allows. With the amount of bandwidth you are eating, you must be sharing a bit more than that."

    Less than 2 month later they are banning all uploads. Coincidence? You are probably right though, that they are just bowing to pressure from RIAA, MPAA, etc. I just thought that would be an interesting little bit of info to share.

  134. Re:Gun Control by ShadowDrake · · Score: 1

    >Technology like this is useless for circumventing >unjust censorship. But running off a thousand >copies of something and passing them around >clandestinely will work as well today as it did >in the 1700's.

    It can, however, be used as a fast assistant to getting the copies out there, especially over a geographically large area.

    Let's say there are 50 interested copiers, spread out across a fair-sized nation. Your options are:

    1. Let them each make a thousand copies of "something" independently, and hope they all get it right (consistent copy of the material and/or message).

    2. Send around 50 copies for further reproduction. Lag time will likely be in the order of several days or more. Depending on how the transmission of the 50 copies is done (mail that could be intercepted), the distribution could be lossy and/or traceable. You also have to know who you're sending to.

    3. Standard Internet placement ("Go to falungong.org and download the forbidden documents today!"). Easy to shut down or firewall off. Email is also awkward, as you'd have to first establish contact with the copiers to find their addresses, a potential exposure risk for both sides of the transaction.

    4. P2P. Post it on Gnutella or the equal at breakfast-time, and the 50 interested people (and potentially many more) could easily download it and make a thousand copies locally. 50,000 copies in circulation by tea-time is a very legitimate possibility. The P2P networks could be engineered to encrypt transfers and spoof sources to make filtering and tracing again difficult.

    Also, I can see where you might want electronic distribution to get the message (largely) exclusively to the upwardly-mobile, educated, and wealthier groups who may not necessarily be so concerned about the censorship (after all, the trains run on time for them.)

    --
    It's just like a fascist dictatorship, without the punctual rail service!
  135. Article is Wrong. Nothing to do with P2P Only by Anonymous Coward · · Score: 0

    OOL is watching people that upload ANYTHING at a high rate and throttling them down.

    Doesn't matter if it's a file sharing program, emails with large amounts of data, video conferencing, whatever.

    They're simply attempting to control bandwith, they don't give a rat's ass about RIAA.

  136. Independent bands have no bananas by yerricde · · Score: 2

    They are also stifling legal uses such as freely distributable bootlegs, indy music from bands that want everyone to download a copy etc.

    Then how does an independent band pay the songwriter, who gets eight cents per track by US law? If members of the band write the songs that the band plays, how do they verify that they didn't unconsciously plagiarize another song?

    --
    Will I retire or break 10K?
    1. Re:Independent bands have no bananas by PyroMosh · · Score: 3, Interesting

      Um, why in the world would a songwriter get $0.08 for distribution of a song by US law ?!?

      I can understand if the RIAA, or some guild or union has a rule or a bylaw to that effect. But that doesn't make sense to me for two reasons.

      1) What reason would the Government of the United States of America have to get involved with something stupid like this. Not only paying songwriters, but setting a specific price by law? WTF? In 50 years when inflation makes that worth even less than it is now, will congress change the law to 20 cents?

      2) Define a songwriter. If I write a stupid song about my trip to Walmart (let's call it Ode to Church Road), and then I perform it with my PC's mic, and share it via Gnutella. Does that make me a songwriter? If someone then downloads it, am I then automatically entitled to 8 cents? If I write a stupid song and then perform it, can I share the file loaded with keywords for porn and movies and other artists, so that unsuspecting people download it, and then rake in the money 8 cents at a time? Sure, by US law any time anyone writes a note on a napkin, that is automatically copyrighted, but that's a little different. That's just saying "you created this, so you own it". It's not saying "you created it, now someone got a copy you are owed $0.08."

      This just doesn't make sense to me. You could be right, but can you provide any links or anything to back up this claim?

      I did find a few links that say US law has a *CAP* on what a songwriter can charge in royalties of 8 cents per song. But that's not the same thing. That doesn't mean that a songwriter has to get paid at all. It just says that 8 cents is the most he or she can charge.

      Now don't get me wrong. I'm not defending copyright violation. If I rip my copy of Dr. Dre's The Chronic to MP3 and "share" it. Then that's illegal. Regardless of songwriter fees or not. Dre (or his record label at the time, or someone who is not me) owns the copyright on that album. I have received no licensee in writing, verbal, or implied to redistribute his works.

      But, your example with the indy bands is flawed. Many indy bands write their own music. In which case, they don't have to charge anything for it. If they want to distribute it for free, they can do so, since the $0.08 figure is a maximum, not a minimum (unless you know something I don't, which I haven't completely discounted). What happens if My indy band (let's call them "Don't Throw Knives At Me", I like that name) wants to do a punk cover of The Unknown Stunt Man (theme to the TV show, The Fall Guy, written by David Somerville, Gail Jensen & Glen Larson and originally performed by Lee Majors)? Does my shitty indy band have to contact Somerville & company, or pay up to $0.08 for every song pressed? Well, as far as I can tell, yes. But my knowledge in this area it limited.

      So where am I going with this rant? If someone breaks the law, you go after them. Simple. If Don't Throw Knives At Me records a punk cover of The Unknown Stuntman, we either owe the songwriter up to $0.08 per physical copy that gets distributed, or we have to work out a special deal with them. But if *I* write "Ode To Church Road", and perform it with Don't Throw Knives At Me, then I don't owe myself any money unless I say I do, which is stupid, because then I'd have to pay income tax on what I paid myself and I'd wind up loosing money ( :

      As to how one verifies that I didn't unconsciously plagiarize another song, that's stupid too. In this case, the burden of proof is on any accuser. The artist doesn't have to prove that each and every work they ever write is original. That's like having to prove documentation to prove that something I'm selling on ebay isn't stolen. It may or may not be a good idea, but it's not required. It can't be unless someone makes an accusation. And even then, I believe the burden of proof is on the accuser, is it not?

      One last tangent:

      I find this 8 cent law interesting. Until I read your post and did some digging, I was not previously aware of it. What I find interesting it the fact that it only applies to physical media, yet it applies to MP3s and other digital file based media. I'm assuming this is because unlike a radio broadcast (to which this statute does not apply) when you share via MP3, a new, permanent copy is made. But how is this different from me tape recording the song off of the radio (which is legal, I believe because of time shifting rulings, please correct me if I'm wrong)? Does a songwriter technically have to get a royalty off of that too?

      Again, I'm not 100% sure on any of these points, this is just how it appears to me, based on the information I was able to gather and my ability to interpret it. Any lawyers in the house with relevant experience care to chime in?

      Sources:
      Texas Tech University
      House.gov

  137. P2P Networks Ban Downloads From Optimum Online. by TheOnlyCoolTim · · Score: 2

    I really hope to see this. It would prevent a lot of leeching and it would raise such an uproar or change of service from OOL's customers.

    Tim

    --
    Omnia vestra castrorum habetur nobis.
  138. Yes! by ucblockhead · · Score: 2

    I mean, how else is the guy gonna know that "metallica-enter_sandman.mp3" is copyrighted!?

    --
    The cake is a pie
  139. or else? by vena · · Score: 1

    i use optimumonline, and the letter said nothing of the sort. hell, you linked to it yourself yet continue the exageration. it was basically a warning to people (or most often, their kids) who don't pay attention and share their whole harddrive.

  140. Oversold upstream by yerricde · · Score: 1

    What is a "routing server"? How does it get "pounded" because people use P2P clients.

    By "routing server", grandparent meant the gateway installed at a telco's central office that connects the DSL customers to an upstream Internet access provider. It's usually somewhat oversold, and P2P clients constantly serve files to other users. For instance, even if you have 768 kbps down and 384 kbps up, the DSL provider may have only provisioned 64 kbps up sustained for each customer. If all customers try to use 384 kbps up at the same time, they all get knocked down to 64 kbps.

    --
    Will I retire or break 10K?
    1. Re:Oversold upstream by CashCarSTAR · · Score: 1

      It's not even that.

      The nature of the current P2P software is one where your computer is getting and sending requests multiple times a second. The sheer number of TCP/IP packets sent back and forth can cause serious bottlenecks.

      In otherwords, it's very similar to most DoS attacks, which are known to seriously undermine the architecture of whole ISPs.

  141. Re:So its their job to enforce laws? by the_2nd_coming · · Score: 1

    it does concern laws.....the law allows a company that provides communication services to enforce a code of conduct if they so choose.

    the law does not allow for a company that you purchace personal services from, like retal cars, appartments, storage units, etc, to spy on you. if there is to be any spying done on your activities and posesions, law enforcement must be involved and they must have warrents from a judge.

    so, it has always been ok for a communication services company to do what this ISP has done.

    --



    I am the Alpha and the Omega-3
  142. Upload != download by yerricde · · Score: 1

    No, but they advertised it then

    OptimumOnline never advertised the ability to upload. Rather, OptimumOnline advertised the ability to download.

    --
    Will I retire or break 10K?
    1. Re:Upload != download by crashnbur · · Score: 1

      Hmm. Good point.

  143. Don't give in... by dfj225 · · Score: 1

    Whatever you do, don't give in to the establishment! I can't see how an ISP can adverstise high speeds (10 mbps or whatever each different company says) and then when every user actually tries to use this amount of bandwidth, they complain and send out letters. If they offer these speeds to each user, then their network should be able to sustain the amount of bandwidth that they advertise. I have Comcast cable which is rated at 1.5 mbps down and 128 k up. That is usually what I get too. All this crap about limiting P2P services really ticks me off. Users should be able to do whatever they want with their connection and the ISP shouldn't be responsible for what they do. If someone brings down a website through their connection or uses their email service to sell illegal drugs, the ISP isn't held responsible to block this. Why, then, should they be held responsible to block the trading of copy-righted files? One might argue that they are asked to block P2P programs because it is easy to block that kind of traffic. But that would be like blocking email because one person uses it to sell drugs. P2P apps have legal uses...ISP just tend to ignore this fact when they make blanket statements like the one in this article.

    --
    SIGFAULT
  144. Re:Gun Control by nolife · · Score: 1

    Never said that. I said that there are non-trivial, legitimate uses that cannot be as well served with anything other than a gun. In other words, there's a need for a gun. It serves a purpose.

    Here is what you said:

    Guns have tons of legitimate uses that cannot be carried out with any other tool

    Initally you were trying to imply a black and white point that a gun is the ONLY thing that could be used therfore its existance is justified and P2P had no purpose as other tools could be used. Well myself and others have pointed out things you could use other then a gun and reasons why P2P was better then others for certain things. Now it is not black and white anymore. You chose to ignore that.

    You choose to use a gun in your examples because it is convienent, quick, does the job well and efficiently over other methods.

    I choose to use a P2P in my examples because it is convienent, quick, does the job well and efficiently over other methods.

    Archie was great if you new the file name and the files and sites were relatively static and established. Basic file descriptions were the only other thing it offered. Your references to Archie are strange none the less so I am going to point out some advantages of P2P below. The only way you would NOT know these already would be if (1) your trolling, (2) you've never actually used a P2P application for specific interest searches, or (3) you simply refuse to ackowledge these advantages because of your existing dislike for P2P regardless. In your case I believe the later which makes this whole thread mute because you obviously don't like P2P and probably have other more personal reasons why like, your frustration for potential copyright violations, your friend died from a heart attack while searching on Napster, you got hit by the spyware because you did not look for alternate sources etc..

    P2P took off because it combined many tools into one and added many others that were not available. It is far more accurate and updated in near real time across millions of hosts, it is distributed to ensure files could be available to many more users and expanded as the files propagate through the system. You can download from multiple sources at the same time. You can search by author name, type of media, general description of media, has a user rating system, file names, size, and many more. It spreads the bandwidth out over every user instead of concentrating on a few hosts blah blah.

    Bottom line though..
    Any method you can find to easily and freely distribute non infringing media can also be used to spread infringing media. What the media conglomerates are trying to do is shut it ALL down and pretend that the non infringing uses don't exist.

    --
    Bad boys rape our young girls but Violet gives willingly.
  145. In Soviet Russia... by dfj225 · · Score: 1

    the P2P app downloads you!

    --
    SIGFAULT
  146. ISPs are NOT common carriers by rsborg · · Score: 2
    As a "common carrier", the ISP is not responsiable...

    Since this is the relevant part of your post, I thought I'd stop you right here. You are, unfortunately mistaken. Take a look at why ISP's do not have common carrier status (in pdf). (for those of you who hate adobe, google-cached here in html).

    --
    Make sure everyone's vote counts: Verified Voting
  147. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    Here is what you said:

    Oh, goddammit. I bet you think you're pretty smart using my own words against me like that. ;-)

    Okay, I said that, but I shouldn't have. I was being careless. What I meant to say was the more verbose version I gave you last time. My bad, mea culpa, foot-in-mouth, and so on.

    Initally you were trying to imply a black and white point that a gun is the ONLY thing that could be used therfore its existance is justified and P2P had no purpose as other tools could be used.

    That's what I mean. That was not, and is not my assertion. My point is that guns should continue to be legal because they have non-trivial legitimate uses. By "legitimate uses" I mean that, as I said, there are significant legal and appropriate tasks for which a gun is the best option. I should not have said the thing about how a gun is the only tool; I was being careless.

    P2P, on the other hand, has no non-trivial legitimate uses, by which I mean that there are no significant legal and appropriate tasks for which P2P is the best option. And P2P is most widely used for illegal purposes. So it should be gotten rid of.

    I choose to use a P2P in my examples because it is convienent, quick, does the job well and efficiently over other methods.

    Even if that were true-- it's not; FTP is better-- it ignores the fact that more people use P2P technology for copyright infringement than for all other uses combined. You're basically saying that biological weapons should be allowed because weaponized anthrax makes a kick-ass gopher repellant. You're saying that P2P should continue to be allowed because a tiny percentage of its users claim to use it for something that they really ought to be using something else for. Dumb argument; doesn't hold water.

    P2P took off because it combined many tools into one and added many others that were not available.

    Are you challenged? P2P took off because college kids used Napster to download music without paying for it. When Napster came under fire for having absolutely no non-trivial legitimate use, people tried to generalize the idea into things like Kazaa and Gnutella and whatnot so they could still get their free goodies but hide behind a veil of legitimacy. It's all crap, and a sensible person can see right through it.

    What the media conglomerates are trying to do is shut it ALL down and pretend that the non infringing uses don't exist.

    No. What they're trying to do is to put a stop to widespread piracy by opposing the use of-- if not the mere existence of-- tools and technologies that exist for no purpose other than to facilitate it.

    --

    I write in my journal
  148. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    That has nothing at all to do with peer-to-peer. Let's get this clear right now: P2P != distributed, nor vice versa. As you pointed out yourself, Akamai is the canonical example of a distributed content network, and there's nothing remotely P2P-like about it.

    --

    I write in my journal
  149. Re:Gun Control by duffbeer703 · · Score: 2

    Please... don't start a gun argument. You don't "get" guns... plenty of people think that you are retarded for typing shit into a computer all day -- and they are no less ignorant than you.

    You claim to not share commercial material via P2P. Let's assume that anyone here believes you. The fact remains that 95% of the traffic moving across P2P networks are pirated music, movies, porn clips and software.

    The point here should not criticizing Optimum Online for following the law -- that is reasonable and responsible. The point is that the law is unenforcable and the business models of the companies is untenable.

    The unfortunate outcome of all of this piracy will be DRM. In 2-3 years you'll be unable to copy movies, music and software.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  150. Re:Gun Control by duffbeer703 · · Score: 2

    P2P is very useful and many companies are deploying enterprise apps to take advantage of it.

    Kazza is not such a program. Kazza or Morpheus or any of the other P2P apps make no effort whatsoever to even identify material as copyrighted. Slashdotters are whining and bitching about losing access to live music, amateur videos, etc. The reality is people do not want to lose a source of free stuff.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  151. Re:well, it is not illegal by saskboy · · Score: 2

    Although Napster was grown on illegality, it could have thrived on legality. The reason it was killed was because a short sighted music industry didn't grab ahold of it, and expoit it for what it was: A God Send. They could have had a monopoly on the next VCR, the next DVD!
    They still don't *get* it.

    There will never be a software version mass produced that controls copyrighted material, unless the network is RUN by the people profiting from the interests of the copyright holders. Anything else will have a hack that makes copyrighted stuff free for the taking. If the music industry runs the network, THEN and only THEN will they have my support in stopping piracy.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  152. Re:Gun Control by nolife · · Score: 2, Insightful

    So your saying that the 10 to 15 GB of amature racing videos and my physche iso's that people are always downloading from me are not legitimate use of P2P? What % of non infringing/infringing matierial do you find acceptable to be considered legitimate? What makes your % any more right then my % or a judges %? Don't you think the media companies are going to have a higher % then all of us? Should we shut down alt.binaries? What % would make them not legitimate anymore? What about IM file xfers? What about MS file and print sharing or Samba? What about cdr's? Each has illegal and non illegal uses, fractions of what it is used for will vary greatly depending on what else is around. If P2P goes away I am losing my right to my 100% legal use of it.

    You are no longer trying to prove your point from a technical perspective, you are now using your opinion. That is exactly what I was refering to in my previous post about you falling under (3) for personal reasons.

    --
    Bad boys rape our young girls but Violet gives willingly.
  153. Re:Gun Control by akb · · Score: 2

    Perhaps I'm not understanding how you are defining your terms but I didn't see anything in your post that addressed how the legitimate uses of p2p networks I gave could be better accomplished.

    Let's say I've got a CD's worth of (legitimate) information that's pretty popular, and I can only pay for a small amount of bandwidth. Why would I not want to use a p2p network?

  154. The Sun Went Down Tonight - DAMN THE RIAA!!! by nick_davison · · Score: 2

    Out of curiousity, when did anything mention they were bowing to the RIAA's demands?

    What they're addressing is that some users leave a large p2p repository available, 24/7. That results in vastly disproportionate upstream usage compared to the average non-comercial user as users from all over the net are requesting files all of the time.

    A typical home user accesses the web, primarily for downloads, for several hours a day. A typical web server provide relatively large bandwidth uploads all day, every day, even when the user is out of the house. Which does a popular p2p repository function more like? The web server.

    Non-comercial home users sign contracts that say they're not going to run a server, that they're not going to expect same day engineer service etc. If you want a full service web host, you pay a very different amount. What OO are saying is that if you run a set up that is [effectively] a server, they may stop you.

    To their credit, they're not even saying they will stop you, they're saying they might. They're still going to turn a blind eye to those users whose machines do a small amount of uploading because they're not abusing anything - it's the ones who're using a masively disproportionate amount who're going to get capped to bring them back in to line.

    Out of curiousity, how's this any different to a water company selling $x/month service to residential users but threatening to cap people who're running a car wash service from their home? It's a business saying it'll stop abusive users.

    So, the letter actually has nothing whatsoever to do with the RIAA or OO bowing to them. It had everything to do with them stopping some users from abusing a business model. Still, it's always good to jump to accusing the "bad" guys, even when they're not involved.

    1. Re:The Sun Went Down Tonight - DAMN THE RIAA!!! by reflector · · Score: 2

      Non-comercial home users sign contracts that say they're not going to run a server, that they're not going to expect same day engineer service etc. If you want a full service web host, you pay a very different amount. What OO are saying is that if you run a set up that is [effectively] a server, they may stop you.

      bogus argument. no one who runs p2p apps expects 'same day engineer service', or that their isp should regard them as mission-critical.

      They're still going to turn a blind eye to those users whose machines do a small amount of uploading because they're not abusing anything

      neither they nor those who run p2p apps 24/7 are abusing anything. ISPs advertise their DSL connections as 'always on'. it's reasonable for people to use their connection 24/7 if they paid for an always on connection.

      it's the ones who're using a masively disproportionate amount who're going to get capped to bring them back in to line.

      instead of placing restrictions on users, it would be better if they were straightforward about it and came up with a pricing scheme where people who used more bandwidth would pay more. it's like a salad bar with a big sign out front saying "all you can eat buffet" and then disallowing people from getting more than 2 plates of food. it's just dishonest.

      It had everything to do with them stopping some users from abusing a business model.

      if a business model is capable of being abused, then it is seriously flawed. instead of trying to protect a flawed business model, why not just come up with a good one?

  155. RIAA members tempting you? by Anonymous Coward · · Score: 0

    Cable Vision OOL has been advertising using thier service to download music.
    AOLTW also has an ad they love to play constantly (i once saw it back to back 3 times in the early AM) featuring a guy who forgot to buy his gf a christmas present, so he downloads and burns her favorite songs for her.
    Why are RIAA members endorsing something which thier trade organization opposes?(Cable Vision might not be in the RIAA, but AOLTW definetly has a membership)
    Shouldn't RIAA members put thier own member companies under the same magnifying glass they are trying to put us under?

    PS The only ad that irritates me more than the AOLTW ad with the guy burning CDs is the ad with the pigs flying around albany bringing Road Runner Customers caring customer service, when pigs fly indeed.

  156. Re:So its their job to enforce laws? by grmoc · · Score: 2

    Except when the communications companies have common carrier status, which, frankly the ISPs -should- but don't have.
    bizzare

  157. Please - define server ! by tuomoks · · Score: 1

    I have never seen ( a legal ) definition of a server? Do I have a server if my system answers to MS, OSX, RedHat, what ever update ?? Or - anything running ready to answer to requests ?? Just a question - have a nice day - tuomo

  158. Back to the days of mirc. by PyroX_Pro · · Score: 1

    I could care less. For years a group of us have used mirc to gain access to countless ftp servers filled with the same stuff. Of course, you have to know how to do more than click "search" and double click the file name. Forget p2p, lets all go back to mirc, and reopen our ftp systems. Only after isp's ban ftp, will I become angry. I only wish I lived closer to the telephone company. seems I can only get 640k speeds with DSL. I may movre just to get the 4mb setup. Now that would be nice.

  159. Evidently you dont know about whats legal or not by Anonymous Coward · · Score: 0

    Just because it can be used for illegal uses doesnt mean that it is illegal to use it at all. Using your logic, it would be illegal to drive because most people would probably speed anyways. Just look at emulators, they are completely legal even though they maybe and often are used for illegally obtained games.

  160. This is nothing new by geeknews · · Score: 1

    Most user agreements state that you cannot run a server from your connection. Downloads is a different matter altogether, hell they dont care if you download Michael Jack... erm warez.

  161. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    Let's say I've got a CD's worth of (legitimate) information that's pretty popular, and I can only pay for a small amount of bandwidth. Why would I not want to use a p2p network?

    The question is, why would you want to use P2P? If you share your CD full of stuff via a P2P network, people who want to download copies still have to hit your computer to do it. You're assuming that those people will, in turn, share their copies on the P2P network, making it possible for people to download the files from them rather than from you. That's a bit of a leap-- there's no inherent aspect of the system that guarantees that this will happen-- but I'll stipulate it for sake of argument.

    Now, you would have been better off if you'd either set up an FTP server or a web page on your computer with the files, along with blanket permission to mirror those files. Anybody who wants to can download the files from your computer, and anybody who wants to has express permission to mirror the files. See? Nice and simple.

    And-- this is the most important thing-- if it turns out that you're breaking the law by offering the files, then you, personally, can be tracked down and stopped. That way we don't have to have an argument about whether FTP is a legitimate technology, see?

    Basically the argument that P2P is legitimate because it can be used for distributed distribution (heh) is full of shit. If it were true, you'd be downloading software updates from Kazaa instead of from an FTP mirror or an Akamai content server.

    --

    I write in my journal
  162. Use the DMCA against those that created it by BigDish · · Score: 1

    OK, what if someone were to write a P2P client with a laughable encryption system...INTENTIONALLY. It will need to be based on a random key. This encryption system must be small enough to be broken quickly (say, 5 seconds) on a reasonable PC. Then, you have the searching work just like it does with a standard P2P client today. However, when you download, all that happens is your computer is send an encrypted file with no encryption key. Your PC then has to crack the encryption, restoring the original file. Now, if the RIAA (or MPAA or whoever) complains you are sharing copyrighted files, or whatever, send THEM a DMCA violation notice. As if they have proof you did violate their copyright (they downloaded a file from you) then they violated the DMCA by breaking the encryption to verify the file is what it said it is. If they say they didn't violate the DMCA, then they have no proof-it's entirely possible I enjoy copying /dev/null to files with the names of popular music and have mp3 extentions :-)

  163. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    So your saying that the 10 to 15 GB of amature racing videos and my physche iso's that people are always downloading from me are not legitimate use of P2P?

    I'm saying that that use, if it is legitimate, is not non-trivial. One guy who may or may not use P2P for legal purposes does not outweigh the millions-- literally!-- of people who use it solely for illegal purposes.

    What % of non infringing/infringing matierial do you find acceptable to be considered legitimate?

    Let's start with 50/50 and work our way up from there. If you figure out a way to get the ratio to 50/50, let me know.

    Should we shut down alt.binaries?

    Since you asked, perhaps. I haven't used Usenet since the late 80's, so I have no idea what the ratio of legal to illegal content is on that set of groups. If more than half of the content is illegal, then yes, it should be shut down.

    What about IM file xfers?

    Same thing. If it's used for illegal purposes more than for legal purposes, it should go.

    What about MS file and print sharing or Samba?

    Yup.

    What about cdr's?

    Yup.

    Each has illegal and non illegal uses, fractions of what it is used for will vary greatly depending on what else is around.

    Yes, that's true. But if something is used primarily for illegal purposes, that something shouldn't be around.

    If P2P goes away I am losing my right to my 100% legal use of it.

    You don't have a right to use P2P, any more than I have a right to a free lunch and sex with supermodels. You have a right to do certain broad things, like the right to express yourself and the right to assemble peacefully and such, but the specific details of precisely how you are and are not allowed to do those things are left as an exercise, as long as you are allowed to do them.

    You are no longer trying to prove your point from a technical perspective, you are now using your opinion.

    Jesus Christ, dude, at what point was I not expressing my opinion? This whole thing started when I said I would abolish P2P if I were king of the world! That's about as "opinion" as you can get!

    --

    I write in my journal
  164. Re: been hit by Anonymous Coward · · Score: 0

    I am also an OO customer and I also run sshd here, and once had a problem with that, but not because of that. On one of the rare occasions when my ip address changed I've got a very terrible upstream bandwidth for connections opened from outside (lots of drops, long delays). That deemed ssh practically unusable for connecting home. I got an explanation later, when I checked my firewall logs - numerous attempts to connect to kazaa and edonkey ports. Everything went back to normal after a few days after I sent an e-mail with complaints (in which I actually described that I have an SSH server and why I have it - for my personal use)

  165. protesting can't work - 56k still unlimited by Anonymous Coward · · Score: 0

    I'm seriously considering this option. My cable modem provider just put a monthly transfer cap on their service so I'm dropping them, and the only other broadband alternatives is my area are just as expensive ($50+ per month), require annual contracts just to get that price, and may institute transfer caps at any time. There are non-pacbell dsl providers, but they tend to be either much slower, much more expensive for the same or comparable service, or get smacked around by the bell monopoly so the lines are always down. I'm not saying there aren't any good alternatives anywhere, just that my 'to-investigate' list of companies is getting very short very quickly.

    The problem is, protesting or switching to another provider (if one is available) doesn't solve the problem. Normally, in pure capitalism, there is competition for customers between service providers. In this situation, the customers they could "lose" to the competition are the very customers they don't want. If pissing off 1% of their customers means reducing their bandwidth costs by 20% and reducing their income by 1%, it's a smart business move. (Assuming that their bandwidth costs are more than 5% of their income.)

    If phone and cable companies could de-invest in broadband (meaning go back in time and decide not to provide broadband service in the first place) I'll bet they'd do it in a heartbeat.

    However, there's a more viable option than switching to a new broadband provider. Currently, my cable connection is capped at 7.5GB/month upstream. A "56k" modem (which really uploads at 33.6kbps) running 24 hours a day is capable of transferring more than 10GB in a month. Of course, I can't stay connected all the time and peak throughput will not always be optimal, but the gains are significant. I can transfer more than 40% more data per month (10GB/7GB) with a 56k modem than with my cable connection for about 40% less money ([~$20 net service + $10 phone line]/$50).

    Of course, I'd much prefer real broadband, but considering the current state of the monopolies I don't think it will be available for very long.

  166. i call bullshit by Anonymous Coward · · Score: 0

    you can't hold a person to a contract that they've never singed, much less seen. Thats why eula's are worthless.

    1. Re:i call bullshit by surprise_audit · · Score: 2
      I belive you'll find that verbal contracts have been upheld in courts of law...

      In essence a contract boils down to "consumer pays money, vendor provides a service". It matters not whether the "service" is a plate of food, cable TV, perfume, underwear, gasoline, etc.

      You buy food, the vendor is obligated to provide something edible. You buy gasoline, the gas station is obligated to provide a substance that your vehicle can convert into motion.

      In this case, people are paying for ISP services. If the ISP Terms of Service say "thou shalt not run a server", then the consumers doing so are breaking the rules.

      But in the end, the bottom line is this: just as a restaurant can refuse to serve you if you're not wearing shirt and shoes, the ISP is not obligated to take your money and provide the service in return. Never mind whether your TOS says 'servers are OK', or 'MP3 sharing is OK', or even 'here's how to share pirated movies'. If they don't like you for any reason, they can cut you off and maybe even issue a partial refund based on how much of the current month you lose. End of story, you're history... Suck it up and stop whining.

  167. ^^ Why is this Ad Hominem post modded up? by legomad · · Score: 1

    Talk about circular logic.

    1. Re:^^ Why is this Ad Hominem post modded up? by Rogerborg · · Score: 2

      Psst, you're typing in the wrong tab. This is Slashdot, not Kuro5hin. The hint was that the article is an inaccurate unedited troll to begin with.

      --
      If you were blocking sigs, you wouldn't have to read this.
  168. /solutions == ssh tunnel P2P traffic to proxy by cprice · · Score: 1

    It won;t be long before some enterprising young geek with access to a few Linux boxes starts tunneling his P2P traffic thru his firewall to some other location on the internet that will then proxy his P2P traffic. Net result is that ISP won;t know about said P2P traffic - ergo they can't do anything about it....

  169. Re:Gun Control by akb · · Score: 2

    The question is, why would you want to use P2P?

    Because neither of the options you suggest, pay Akamai or setup an FTP mirroring system, are available to most people.

    You're assuming that those people will, in turn, share their copies on the P2P network

    Given that at any one time on Kazaa alone there are 3.5 million people sharing 4 petabytes of information I feel comfortable with making that assumption.

    And-- this is the most important thing-- if it turns out that you're breaking the law by offering the files, then you, personally, can be tracked down and stopped. That way we don't have to have an argument about whether FTP is a legitimate technology, see?

    Actually the US's legal tradition disagrees with you that that is the most important thing. Prior restraint of speech for which there are noninfringing uses is a no no. You are suggesting that a useful method of distribution for noninfringing information be scrapped altogether because it can also be used for infringing uses. Should we get rid of photocopiers, telephones, etc?

    It is illegal to make copyrighted material available on a p2p network w/o permission. The copyright industry has successfully lobbied for stronger laws and is using them to pursue those that do so. The laws should be enforced rather than a whole medium of communication banned.

    Basically the argument that P2P is legitimate because it can be used for distributed distribution (heh) is full of shit.

    This is a very distasteful way of expressing yourself.

    If it were true, you'd be downloading software updates from Kazaa instead of from an FTP mirror or an Akamai content server.

    I think its more likely the case that its because p2p is new on a large scale and the technology is new and very much in flux. I have downloaded Linux ISOs off of edonkey when I became frustrated with trying mirror site after mirror site and I provided some examples of current projects that are making use of p2p networks. There is every indication that we will see more projects maing use of them.

  170. Good for them!!! by wilpig · · Score: 2, Informative

    Many of you obviously have no idea what it's like to run an ISP or administer a network. P2P uploads absolutely kill bandwidth. Responsible use, like jumping on do download something specific and upload in the process isn't a bad thing, but many dolts run uploads 24/7. It doesn't matter what the download speed is when you can't get your responses out because the up-pipe is logjammed. A local ISP with 6 T1s has had their up-pipe maxed for literally months, when they blocked P2P uploads, the outgoing traffic went from an average of 98% to 25% and the download rates once again became normal.

    If you really want to know what P2P is all about, sit and talk with a technician from your local ISP. It has very little to do with RIAA, and everything to do with customer satisfaction.

    1. Re:Good for them!!! by reflector · · Score: 2

      Many of you obviously have no idea what it's like to run an ISP or administer a network.

      obviously.

      P2P uploads absolutely kill bandwidth.

      no, it uses bandwidth. that's what we pay for, to have bandwidth to use.

      Responsible use, like jumping on do download something specific and upload in the process isn't a bad thing,

      translation: 'if you use your net connection like i do, you're "responsible". if you do things differently than me you're "irresponsible".'

      but many dolts run uploads 24/7.

      IPSs advertise their DSL connections as 'always on'. we purchase the right to use those connections 24/7. if that's a problem, then IPSs need to restructure their pricing schedule.

      It doesn't matter what the download speed is when you can't get your responses out because the up-pipe is logjammed.

      it's up to ISPs, like all businesses, to provide what their customers need. It used to be that people's use of the net was heavily skewed in favor of downloads, and so broadband tended to be configured for a lot of downloading with little uploading. with the increasing popularity of p2p, the balance is shifting more in favor of uploads, while the ISPs infrastructure has not caught up. that's all this 'logjam' is about.

      A local ISP with 6 T1s has had their up-pipe maxed for literally months, when they blocked P2P uploads, the outgoing traffic went from an average of 98% to 25% and the download rates once again became normal.

      so then, you're saying that the way for IPSs to make more bandwidth available is by preventing their customers from using it.

      If you really want to know what P2P is all about, sit and talk with a technician from your local ISP.

      no need. i can tell you right now what p2p is all about: it's about sharing files.

      It has very little to do with RIAA, and everything to do with customer satisfaction.

      no, it has a lot to do with the riaa. the current state of p2p has been greatly influenced by riaa actions. to claim otherwise is to ignore recent history.

    2. Re:Good for them!!! by wilpig · · Score: 2, Interesting

      by your comments you are stating that your $40 a month broadband connection enables you and you alone to tie up a full T1 all the time? How is it that your $40 comes anywhere near covering the cost of the $1200 a month line?

      For those that use a P2P responsibly(login, download a few then log off) great. But the fact is the majority of the populous on the P2P networks have no knowledge of what a T1 is or how much bandwidth they are ever using. So it isn't a matter of the ISP allowing their customers to pull as hard as they want all the time. If this were the case all ISPs would have to have fulltime backbone connections and the infrastructure would cave under the load. But you would argue that your $40 a month would is enough to get all the phone companies in the world to upgrade their systems. They need to find ways to preserve some of their bandwidth for the other customers not just the P2P hogs.

      I personally love the fact my ISP has blocked P2P clients I can once again load slashdot in less than 5 minutes. I shouldn't pay $40 a month for speeds less than that of a 28.8 modem because someone wants to come online and steal music they wouldn't ever consider buying.

  171. "industry pressure"? agenda, much? by rakslice · · Score: 2

    >>"Obviously bowing to record and movie industry pressure"

    I can't figure that out. Where do they mention record and movie industry involvement? It isn't obvious otherwise. Cable ISPs tend to have relatively limited capacity shared upstream channels in the "last mile", and saturating the upstream capacity quickly degrades performance even for Joe web user.

  172. What do you mean? by rakslice · · Score: 2

    I'm not sure how limiting the upstream capacity your p2p client uses is a "ban". Could you elaborate?

  173. Surveillance by ISP? by 43PercentBurnt · · Score: 1

    How exactly can you discern copyrighted material from non copyrighted material? File name?

    --
    There will be plenty of time for smoking doobies when your living in a VAN DOWN BY THE RIVER.
  174. The quote of the year... by Anonymous Coward · · Score: 0

    "I came out and exlained that if he didn't get off my property I'd bury him in it."

  175. Re: [clueless about] DMCA Violations by rakslice · · Score: 3, Insightful

    We recieve a list of copyright materials that were sucessfully downloaded from the individual.

    That's kind of surprising, because that could be illegal, for whoever's doing the downloading. But I wouldn't put it past anyone...

    As the law currently stands, we have to uphold the request of the copyright holder, and if we don't do this then we can have legal action brought against us.

    ROFL. You don't have to uphold the request in this case. (And you can have legal action brought against you either way; the DMCA can't prevent that.) I think you're confused about the infringement liability exemptions. You might want to take a look at this.

    But to summarize:

    Yes, an ISP only has DMCA immunity from liability for infringement of copyright involving content stored on their servers if they designate an agent, comply with notice & counter-notice time limits, etc. That's probably what you're thinking of. See USC 17 Ch. 5 S 512(c).

    But that's irrelevant, because we're not talking about content stored on the ISP's servers.

    The ISP has blanket immunity for content that passes through their network but isn't stored there more than transiently. This is covered a couple of paragraphs up in S 512(a). (Notices could be involved, but only if a proxy is maintaining content that has been removed at the source; and we're not likely to find an inward transparent proxy on a network with an AUP that prohibits servers. =)

    If you don't like the law, I would suggest contacting your senator.

    Heh. And if my ISP constantly tries to cover their ass at my expense (but can't even get that right, since they don't seem to know where their ass it), then who do I contact? Their shareholders? =)

  176. Nor Should they. by nurb432 · · Score: 2

    On the first hand, we are talking 2 different issues, one is a COMPANY that has decided that you cant do something with their resources..

    On the other hand, its a GOVERNMENT that s trying to take away a god given right. And its wrong to even *suggest* they should.

    That a given, the government didnt step in and ban the P2P.. Which would also have been wrong.

    --
    ---- Booth was a patriot ----
    1. Re:Nor Should they. by jez9999 · · Score: 2

      On the other hand, its a GOVERNMENT that s trying to take away a god given right.

      Heh heh. Sorry, could you point out the paragraph(s) in the bible where the Americans' right to bear arms is enshrined by God?

  177. Re: No Uploading by reflector · · Score: 2

    You can't (illegally) send ppl files over P2P.

    wrong. you can. and many people do so.

    I bet a huge % of you's, already have the "disable sharing" feature on.

    not only do i share 50gb of files, i *like* sharing, and so do all my online friends. many of the better p2p apps, such as emule and direct connect, you can't not share and still participate.

    And I also bet, that if you seen what % of bandwidth your ISP is using (and how much they have to pay for this), to support your file swapping, you'd do the same thing.

    wrong again. if i were an isp, i would come up with a reasonable pricing schecdule that passes on costs to consumer, such as $x/month + $y/gigabyte, instead of $x/month. this would be much better than imposing arbitrary restrictions as to what kind of apps people can run on their own systems.

  178. Re:2 can play this game; Ban optimumOnline IPs on by reflector · · Score: 2


    I think it's time P2P clients start including easy ways to ban entire IP blocks.


    shareaza has an excellent security manager. there is also a periodic release of 'shareaza security updates' which include individual ips or ranges of ip blocks to exclude, such as those belonging to spammers, the riaa and friends, etc.

  179. Re:Gun Control by Anonymous Coward · · Score: 0

    And your answer is anonymous ftp? You call that a better solution? Dude, you cant be serious.
    How in the hell are you going to find these ftp servers and search through there contents for what your looking for?


    And don't forget, ISP's will ban FTP SERVERS, so where the hack will these servers be located?

  180. Freenet by keyslammer · · Score: 1

    Freenet would fall under the same classification as Kazaa/Gnutella... It functions as a server in the same sense as these programs and can be used as a means of distributing copyrighted information.

    Whether or not OOL will actually begin enforcing their Terms Of Service is another matter.

  181. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    Because neither of the options you suggest, pay Akamai or setup an FTP mirroring system, are available to most people.

    What? Is Akamai turning away paying customers now? Or did you mean that most people are too poor or too cheap to pay to have their content distributed? That may be true. But if that's the case, then they certainly don't need their content distributed, do they?

    And as for FTP mirroring, all you have to do is say, "Hey, mirror my content, please!" It's that easy. Free, too, for you cheapskates out there.

    Given that at any one time on Kazaa alone there are 3.5 million people sharing 4 petabytes of information I feel comfortable with making that assumption.

    Don't you mean that there are 3.49 million pirates sharing 3.99 petabytes of pirated material? Be that as it may, those people are sharing content of their own choosing. It's not like your files will get automatically mirrored on somebody else's system. Somebody has to do it deliberately, just like an FTP mirror. The important distinction is that with a P2P system nobody can tell the legal stuff from the illegal stuff. If you used an FTP server instead, you'd have a convenient little "read me" describing the copyright status of your content, granting explicit permission to download and mirror your content.

    The only reason to use P2P is if you want to hide from the authorities.

    Actually the US's legal tradition disagrees with you that that is the most important thing. Prior restraint of speech for which there are noninfringing uses is a no no.

    What the hell do I care? "King of the world," remember? I'm telling you how things would be if I were in charge.

    You are suggesting that a useful method of distribution for noninfringing information be scrapped altogether because it can also be used for infringing uses. Should we get rid of photocopiers, telephones, etc?

    Why do you keep trying to distort the argument? If a tool is used primarily for illegal purposes, that tool shouldn't be around. Are photocopiers used primarily for illegal purposes? Of course not. How about phones? Of course not. But P2P? Yes, definitely.

    There's one simple way to change my opinion on this subject. Get the college kids and whomever to stop using P2P for widespread, large-scale piracy. At the very least, get the ratio of legal to illegal users up to 50/50. If you can do that, I'll accept that P2P is legitimate technology. But until then, it's not, and people who make and distribute it are aiding and abetting the pirates, and should be held accountable.

    The laws should be enforced rather than a whole medium of communication banned.

    No, the laws should be enforced and the medium banned. The medium makes it possible for your average anybody to anonymously and safely distribute copyrighted material. It is not possible, then, to enforce the laws as long as P2P exists. Furthermore, these tools are clearly being marketed toward children and other innocent people who have no idea that using them to share music and movies and other media will turn them into pirates. That's irresponsible in the extreme, and should be stopped.

    This is a very distasteful way of expressing yourself.

    So is ignoring the plague of lawlessness and piracy that Napster and its successors brought about. Turns my stomach, it does.

    There is every indication that we will see more projects maing use of them.

    Like I said, if you can get the ratio up to 50/50, we'll talk. Until then, P2P networks are dens of lawlessness and piracy, and will be shut down just as soon as I get through taking over the world. Could be any time now.

    --

    I write in my journal
  182. Re:So its their job to enforce laws? by the_2nd_coming · · Score: 1

    well, until they get it back (they had it until 1998) we have to live with it.

    --



    I am the Alpha and the Omega-3
  183. Re:Gun Control by Anonymous Coward · · Score: 0

    hunting

    Yes, because everybody knows that human beings didn't become hunters until the gun was invented, right?

    And all those lions, polar bears, wolves, hyenas, cheetash, tigers, etc.. all use guns, right?


    Right, yes. Let me go get my claws and 8" razor-sharp incisors from the garage here.... And for the record, man does bag a hell of a lot more since guns were involved in hunting... don't believe me? Why don't you check out the history of the American Buffalo sometime, you might learn a bit.

    sport shooting

    Using guns for the sake of using guns. Brilliant.


    If you've ever tried sport shooting, it's very difficult. What makes someone who enjoys that different from your liking, say, golf?

    defense

    This one kills me (no pun intended :o) defense!?!?!?! Against what?
    Guns.

    A knife or a bat are useful for defense too, and unlike a gun, they have more than one use.


    How about assholes who try to steal some shit from your house in the dead of night? You really want to get close enough in to use a bat or a knife? And you'd better hope you can sneak up on them to use it, otherwise you'd better be fscking handy at knife-fighting.

    I was raised a country boy who realizes how useful a gun can be. I'm willing to bet that you were raised in a) a city, or b) a city surburb.

    You may want to control guns, but don't let the government handle that job... you'll get controlled alright... ask England.

  184. The 8 cents per copy royalty cap by yerricde · · Score: 2

    I'm making two separate replies to this comment because it appears that we have raised two separate issues that would best be discussed separately so as not to confuse anybody.

    What reason would the Government of the United States of America have to get involved with something stupid like this. Not only paying songwriters, but setting a specific price by law? WTF? In 50 years when inflation makes that worth even less than it is now, will congress change the law to 20 cents?

    CARP does that regularly. See 17 USC section 115, chapter 8, and a history of mechanical license royalty rates. The law seems to specify that CARP keep royalties roughly in step with the Consumer Price Index.

    That doesn't mean that a songwriter has to get paid at all. It just says that 8 cents is the most he or she can charge.

    I apologize for writing my comment in such a misleading way. Yes, 8c/copy is only a cap on what copyright owners can demand. However, professional songwriters who regularly license musical works to recording studios typically demand the full eight cents per copy.

    Does my shitty indy band have to contact Somerville & company, or pay up to $0.08 for every song pressed?

    To obtain rights to perform and publish a cover recording of a television show theme song, yes, you have to contact the copyright owner some time in advance (section 115 makes an exception for copyright owners whose contact information in the copyright registration is outdated) and pay royalties (either at the 8c/copy cap or at a negotiated rate) for every phonorecord distributed, whether on CD or even in OGG format, whether for free or for pay.

    unlike a radio broadcast (to which this statute does not apply) when you share via MP3, a new, permanent copy is made. But how is this different from me tape recording the song off of the radio (which is legal, I believe because of time shifting rulings, please correct me if I'm wrong)? Does a songwriter technically have to get a royalty off of that too?

    The differences: For one thing, when the "performance" is on demand, it's not a "broadcast" and therefore not a "public performance" of the musical work. For another thing, the sound recording copyright owner has an additional right to control "public performances" through a digital transmission.

    --
    Will I retire or break 10K?
  185. The burden of proof is on the $-poorer party by yerricde · · Score: 2

    As to how one verifies that I didn't unconsciously plagiarize another song, that's stupid too. In this case, the burden of proof is on any accuser.

    Unless the allegedly infringing songwriter does not have the income to afford a legal defense.

    Besides, the contracts that bands sign with independent music promotion services such as mp3.com tend to require the band to guarantee that both the sound recording and the underlying musical work are original. How can I meet this requirement? Does there exist a form of copyright liability insurance for songwriters, designed for such a situation?

    --
    Will I retire or break 10K?
    1. Re:The burden of proof is on the $-poorer party by PyroMosh · · Score: 1

      Good point. I can see why it would work that way from MP3.com's (or whoever's) legal liability standpoint. But honestly, don't you think that you meet that requirement (as far as MP3.com is concerned) by simple checking the box that agrees to their TOS including verbage such as "I hereby swear and affirm that..."?

  186. Re:Gun Control by jez9999 · · Score: 2

    Maybe you should just scroll down the dictionary a bit more:

    3. Based on logical reasoning; reasonable: a legitimate solution to the problem.

  187. Re:Gun Control by jez9999 · · Score: 2

    And for the record, man does bag a hell of a lot more since guns were involved in hunting... don't believe me?

    I believe you, but the question remains, what kind of idiot still uses a GUN to hunt? We have cattle herds nowadays, they can be herded into a slaughterhouse, you don't need an uzi to take out your next meal.

    The reason people still use guns, of course, is purely for 'fun' hunting. But isn't half the 'fun' of hunting having a challenge? If it's far easier to 'bag' lots of animals with a gun, a lot of the challenge of hunting is removed.

    I was raised a country boy who realizes how useful a gun can be. I'm willing to bet that you were raised in a) a city, or b) a city surburb.

    I bet there are a hell of a lot more guns in any city suburb than the 'country'.

    You may want to control guns, but don't let the government handle that job... you'll get controlled alright... ask England.

    The long culture of gun control and non-availability in England has resulted in far fewer deaths from crime than in America. It is likely much more of a cultural thing though, because some other countried where guns are legal (eg. Switzerland) also have low crime rates.

  188. Grr. by Peterus7 · · Score: 1
    It's crap like this that is the reason I don't buy music.

    The Recording industry is ridiculous. It takes a few cents to made a cd, (My dad worked in the CD production biz.) and they sell it for how much? $20 a pop. I'm not gonna pay that much to hear a few songs that I like, and a few songs that I don't like at all.

    Also, what about the radio? You can easily put a recorder next to your radio and copy songs onto a tape/cd/hard drive that way. I'm suprised people don't do that. I did for a while. Why havn't they gotten on the radio for that? Oh, the radio pays the RIAA to use it's music. Well, somebody pays the money to buy a CD, and transferrs it onto the net, and distributes it. How is this that different from the radio?

  189. Re:Gun Control by jez9999 · · Score: 1

    What? Is Akamai turning away paying customers now? Or did you mean that most people are too poor or too cheap to pay to have their content distributed? That may be true. But if that's the case, then they certainly don't need their content distributed, do they?

    HAHAHA! I'd consider that really hilarious if it wasn't for the fact that you were being serious. You really believe in big business capitalism, don't you? Money gives you a voice, and anyone without it can go hang themselves!

    What the hell do I care? "King of the world," remember? I'm telling you how things would be if I were in charge.

    That's a pretty pathetic scenario to base an argument on.

    If I was king of the world, the first thing I'd do is put people like you in the electric chair.

  190. Re:Gun Control by jez9999 · · Score: 2

    But running off a thousand copies of something and passing them around clandestinely will work as well today as it did in the 1700's.

    But the 1700's weren't a particularly nice time to live in. Lots of wars, deaths, plauges, etc. The power was in the hands of the few, and the many were poor and led pretty miserable lives. You could be executed for not being a christian. 'Passing around bits of paper' wasn't a particularly good tactic for widespread exchange of information then, and it still isn't now. Word of mouth was probably the most effective means, but if they'd had something like TV or radio then, it would have been more effective IMHO.

  191. Re:P2P vs Guns by saskboy · · Score: 2

    P2P does not risk life and limb when it is used illegally. Many things are regulated in society with success: Cars, drugs...guns

    Guns are no less dangerous than a car, when put in the wrong hands. They deserve no fewer restrictions. As the Canadian gun registry has shown, we shouldn't register individual guns like we do for cars, but the gun owners should be registered.

    P2P doesn't need that kind of registration system, but ISPs should have the right to protect themselves by shaping the packets. It isn't right or fair to their legal customers, but if they want to put themselves out of business [by losing people offended by the policy], that is their business. For ISPs like Sympatico where there is no alternative to 1000s of people though, any kind of upload restriction just stinks [not that it matters much for dialup].
    Of course people determined will find another way, but if the most popular music sharing net is run BY the music industry then they can pick off violators easily, and make money hand over fist.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  192. Re:Gun Control by jez9999 · · Score: 1

    Let's take up that argument. 'Civil disobedience' is quite an important ability for people to be able to have. If P2P didn't exist, the RIAA wouldn't be feeling the heat right now, their backs wouldn't be to the wall, and they'd be continuing to charge extortionate prices for their music without any kind of comeback by the users. Music piracy has allowed users to give the record labels a VERY strong message, one which couldn't have been given otherwise. And don't say that people could just have boycotted the companies, because we all know they wouldn't have. That's the reality. Piracy is the only mechanism which is going to work in sending a message to big business which thinks it can get away with murder.

  193. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    'Passing around bits of paper' wasn't a particularly good tactic for widespread exchange of information then, and it still isn't now.

    Yeah, the Federalist didn't make a lasting impression at all, did it?

    --

    I write in my journal
  194. Cable Internet service is faulty by nature by lanner · · Score: 2

    One Slashdot reader wrote; ... On a side note, due to the asynchrous nature of most cable modem service, as well as the fact that a node is essentially a LAN, I can certainly understand the concern about people constantly uploading files. Saturating the forward path can cause problems with download traffic as TCP requires ACK packets to be sent stating that a packet has reached it's destination, if the ACK packet is not recieved the packet needs to be re-transmited. So the next time you think your not causing any problems for anyone when you spent the last 2 weeks on Kazaa allowing people to leech files think again.

    --

    Another Slashdot reader wrote; ... The discretionary cap was put into place because users were clogging upstream channels with p2p uploads. It got so bad that DHCP requests on some nodes (mine in particular) could not be recieved within even a 17 second ack window. It does NOT have to do with pressure from the RIAA.

    Here's why: The cap is not a new portblock (they already block 80 to discourage webhosting), but simply a different cable modem config file with a lower upstream maximum. The ordinary config for OOL is 10 megabits down and 1 megabit up. the altered config file is 10 megabits down and only 150 kilobits up.

    Obviously this is a solution that was implemented to control bandwidth, not specific applications. If OOL were to start battling p2p apps, it would come in the form of a portblock or traffic shaper - NOT an upload throttle.

    --

    Suggesting that upload or download saturation is a problem which users are responsible for is, in my professional opinion, of questionable judgement.

    If the network operations of this organization does not control their own network transit traffic, then there is no hope for them at all. Why are they limiting the upstream on cable bridges? (please don't call it a router unless it complies with RFC1812, or a modem because it is neither) The answer is, because the local layer 2 medium (the neighborhood cable) allocated spectrum is saturated. It is saturated because they have failed to segment the layer 2 network -- this is Optimum Online's failure, not it's users. This is how it was done in the old days of Ethernet and Token Ring when you had a long RG-8 cable and many users. You had to buy a bridge (a switch is a multiport bridge). Optimum Online does not want to buy new equipment, so you get to pay the price for their profit.

    It is terrible (should be illegal) that Optimum Online Cablevision prohibits users from using any kind of server (Terms of Service part 21(a)). Most other cable Internet service providers have the same terms of use. Many DSL Internet service providers allow servers either implicitly or explicitly in their service terms.

    In my professional opinion, all cable Internet service providers provide nothing more than read-only Internet access, which is not Internet access at all. You should not be able to post on Slashdot to complain at all. You may have already experienced this 'issue' as caused by your cable Internet service provider's upstream bandwidth issues.

    Don't complain about being on a Cable teleInternet provider's network. Just switch to a different medium.

  195. Re:Gun Control by ncc74656 · · Score: 2
    Guns have tons of legitimate uses that cannot be carried out with any other tool

    Do you really believe this, or are you just trolling?

    [anti-gun diatribe deleted]

    Pot. Kettle. Black.

    --
    20 January 2017: the End of an Error.
  196. Re:Gun Control by akb · · Score: 2

    Or did you mean that most people are too poor or too cheap to pay to have their content distributed? That may be true. But if that's the case, then they certainly don't need their content distributed, do they?

    That's an amazing statement. Do you really believe the only people that should be able to distribute information widely are those that can afford to pay for high end services?

    Arranging an ftp mirroring system is not scalable or accessible to any significant number of people.


    Why do you keep trying to distort the argument? If a tool is used primarily for illegal purposes, that tool shouldn't be around.


    I'll repeat, the law does not agree with you with respect to prior restraint of speech for which there is possible noninfringing uses.

    The introduction of every new technology which can copy has seen cries to strangle it, photocopiers, VCRs, even the printing press. This is no distortion.

    It's not like your files will get automatically mirrored on somebody else's system. Somebody has to do it deliberately, just like an FTP mirror.

    Most p2p systems by default share what has been downloaded. Its reasonable to think that a significant number of people will share what they have downloaded whether its pirated or not. There are networks that have the idea of karma which lets you download in proportion to how much you share.

    If you used an FTP server instead, you'd have a convenient little "read me" describing the copyright status of your content, granting explicit permission to download and mirror your content.

    This is possible using digital signatures and catalogs like Bitzi and technologies for expressing licenses like the Creative Commons.

    There's one simple way to change my opinion on this subject. Get the college kids and whomever to stop using P2P for widespread, large-scale piracy.

    This is a matter for law enforcement. It is known that the copyright industry tracks IP addresses of those sharing on p2p networks and what is being shared, they can get court orders to make the ISP cooperate to go after end users. They are obviously biding their time, probably because its bad for business to sue your customers. But in Denmark end users have been pursued, so it is probably just a matter of time.

    >This is a very distasteful way of expressing yourself.

    So is ignoring the plague of lawlessness and piracy that Napster and its successors brought about. Turns my stomach, it does.


    First I have not ignored "the plague of lawlessness", I very clearly stated that copyright laws should be enforced.

    Second, I thought we were engaging in a civil discussion. You flamed ("full of shit") rather than address the ideas, I called you on it civilly while not returning your flames and continuing to engage your ideas. From this and your cracks about taking over the world I can see I was mistaken to do so.

  197. No servers yet all port blocks are gone. by Ecks · · Score: 1

    Has anyone noticed that although servers are banned all the port blocks are gone. I can telnet to 25, 80, 1080, 8000 on my connection and tcpdump shows the packets arriving (and getting eaten by ipf).

    Chris

  198. Re:So its their job to enforce laws? by davinc · · Score: 1

    I still don't understand what we are arguing then. Clearly they can legally do it, or else this would be a discussion about a court case. The question is whether or not this is an acceptable way to be treated as customers. Having companies I buy from who are in monopoly positions acting as crime prevention units is not my idea of acceptable.

    I'm not entirely sure why you feel the practice needs to be defended either. Do you also defend Blockbuster and Wal-Mart using their enormous market share to dictate the content of music and movies?

  199. Re:Gun Control by Twirlip+of+the+Mists · · Score: 2

    Do you really believe the only people that should be able to distribute information widely are those that can afford to pay for high end services?

    I believe that the list of things to which people are entitled is very, very short. If something is offered as a service and you are unable to pay for it, then you don't get it. If somebody comes up with a free implementation of what Akamai currently charges money for, I'm all for it, but until then it's pay-to-play.

    Arranging an ftp mirroring system is not scalable or accessible to any significant number of people.

    Works fine for distributing things like Linux, doesn't it?

    I'll repeat, the law does not agree with you with respect to prior restraint of speech for which there is possible noninfringing uses.

    I'll repeat, I could not care less what the law says on this matter. I am telling you my opinion, and if the law disagrees with me then it is my opinion that the law could be improved a bit.

    The introduction of every new technology which can copy has seen cries to strangle it, photocopiers, VCRs, even the printing press.

    Ah, excellent. I'm glad you brought up VCRs. Do you know why they're legal? Because the Supreme Court found that there are significant legitimate uses for them. Not merely possible, but significant. If the case against P2P were brought up today, do you seriously think that the court, faced with the epidemic of piracy taking place through these networks, would make a similar finding?

    Most p2p systems by default share what has been downloaded.

    Wonderful, more fuel for the fire. Imagine John Doe, who in a moment of weakness signs on to Kazaa and illegally downloads the latest Britney Spears single. Thanks to Kazaa's automatic sharing feature, John is no not only a recipient of an illegal copy, but is actively participating in piracy himself by offering up his illegal copy for others to download.

    This is great stuff. Keep it coming.

    Second, I thought we were engaging in a civil discussion.

    By Slashdot standards, this is a love-in. Trust me, nobody is taking this personally. Don't get offended by my flippant remarks.

    --

    I write in my journal
  200. Wont Even Bother by nurb432 · · Score: 2

    If you are that closed minded, then why bother even responding.

    Have a nice day, hope you dont have to protect your family anytime soon.

    --
    ---- Booth was a patriot ----
  201. Re:Gun Control by Blue+Stone · · Score: 1

    "Based on logical reasoning; reasonable: a legitimate solution to the problem."

    You are correct, but you're assuming that people can't mis-apply the word, in order to "legitimise" their point of view.
    It is just a word, a tool, and so can be used for many purposes; to reveal truth, to decieve, to give legitimacy, to undermine it, etc. etc.

    After all, if it just meant "in accordance with the law" or "lawful".... which bunch of reprobates makes the law?!!!!!!
    As such, it's an entirely subjective word, another way of saying "this is right."

    Saying it don't make it so.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  202. Re:Gun Control by duffbeer703 · · Score: 2

    Call it whatever you will -- but it is still illegal.

    The constructive solution is to put people in government who recognize that the anti-trust laws are insufficient and that organized cartels of music, movie, software, oil and food companies represent a threat to all of us.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  203. Re:well, it is not illegal by duffbeer703 · · Score: 2

    The problem is the cost of reproducing media is nil.

    The only way for the music industry to survive is to find other services to sell, implement draconic DRM solutions or push a large number of regional acts rather than a small number of national acts.

    --
    Conformity is the jailer of freedom and enemy of growth. -JFK
  204. Monopoly? by d-man · · Score: 1

    I'm asking because I just don't know: I'm an OOL customer (Nassau County, LI, NY), and lately I've been growing more and more dissatisfied with the cable modem service. DSL around here is considerably more expensive (~$10-$15 more a month). Since Cablevision is the only cable provider here, could they be considered a monopoly, and if so, could I, the common consumer, do anything to force competition in my area? I'd bet that if TW/AOL or RR or whatever had the option to move in here, we'd get some better service and better prices -- and maybe even some choice as to what services we could receive. But IANAL -- can anyone answer these questions?

    --
    Unix: Where /sbin/init is still Job 1.
  205. Just cut the service... by Reverse+Entropy · · Score: 1

    Cancel your service and tell them why. Enough hits will make them hurt and rethink their stupidity.

  206. Perjury by yerricde · · Score: 1

    simple checking the box that agrees to their TOS including verbage such as "I hereby swear and affirm that..."?

    If it turns out that I screwed up, I may be liable/guilty not only of copyright infringement but also of perjury. The problem is that I seem to be under a delusion that I don't even have enough evidence to reassure myself that what I write is original, let alone other parties.

    --
    Will I retire or break 10K?
  207. Upload cap or Download cap? by billstewart · · Score: 2
    Is the cap on your upload or your download? Many of the US cable modem companies cap everybody's upload at 128kbps (if their equipment is new enough) or something like 384-768 with older hardware, so a 128kbps cap is basically no change.

    Capping your *download* speeds to 128kbps would get your attention, though :-) Some cable companies, who are either "ahead of the curve" or "even more terminally clueless than most about why people buy broadband", have monthly download quotas of a couple of GB and drop your bandwidth to 56kbps or so once you exceed them. That's fine for regular web viewing, probably marginal for average Napster use, and totally useless if you want to download the latest Linux release. (On the other hand, some cable companies start surcharging you by the GB if you exceed the limit, so you can end up with megabuck charges if you weren't paying attention; I'd rather get slowed down than risk that.)

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  208. The Real Letter and Story by flamingnight · · Score: 1
    Here's the deal:

    optonline sent a letter out to its subscribers. (I used to be one, till I moved and got SNET DSL, but they've been kind (stupid) enough to keep my email acount working.) The letter is:


    From: optimumupdate@optonline.net

    Date: Wed Dec 18, 2002 8:46:38 PM America/New_York

    Subject: Email to Optimum Online Customers Regarding Bandwidth Abuse

    Important Notice: Potential Security Breach

    Dear Optimum Online Subscriber:

    You may be running a server from you computer and not even know it.

    If you use any of the peer-to-peer file services listed below without disabling the file sharing option, the entire Internet can access the files on your hard drive. In addition, use of these services can lead to network problems that may result in your upstream speed being temporarily reduced to control this abuse of service.

    Aimster, KaZaA, iMesh, Audiogalaxy, eDonkey2000, NeoModus, BearShare, Gnotella, Gnucleus, GTK-Gnutella, LimeWire, Mactella, Morpheus, Phex, Qtella, Shareaza, SwapNut, XoLoX

    Don't compromise your privacy or the performance of your high-speed connection.

    See http://security.uchicago.edu/peer-to-peer/no_files hare.shtml for easy instructions on how to disable file sharing for the peer-to-peer programs listed above. You and other subscribers can then continue to enjoy Internet services at peak performance speeds. And you'll steer clear of violating the restriction against running servers (see Optimum Online Residential Terms of Service: http://www.optonline.net/tos.

    For further protection and optimum performance, we also recommend all Internet users maintain firewall and antivirus software. See http://wwwl.my-etrust.com/cvision/ for a very special offer exclusive to Optimum Online subscribers.

    We want you to stay online and stay protected while enjoying the best performance of Optimum Online high-speed Internet access.

    Thank you for being a valued Optimum Online customer.

    Sincerely,

    Your Optimum Online Team



    They are not banning P2P software, only the server/sharing parts of the software. And they will not cut the cord, they will only temporarily cut your upstream bandwidth to prevent further "abuse" as they call it.

    I expected this, though. optonline blocks port 80, and has a no-server part of their contract, so why would they allow this?

    Not that it's right. It's wrong, actually. But we can see that.
  209. Re:Gun Control by Anonymous Coward · · Score: 0

    Pot. Kettle. Black.

    So you're calling him black? I don't understand.

  210. Re:Gun Control by schon · · Score: 2

    for the record, man does bag a hell of a lot more since guns were involved in hunting

    I still fail to see exactly how you can rationally claim that a gun is the only tool that can be used for hunting.

    You're contradicting yourself.

    If you've ever tried sport shooting, it's very difficult.

    Yes, I have tried sport shooting, and yes, it's difficult. But it's still using guns for the sake of using guns. Being difficult doesn't change that.

    How about assholes who try to steal some shit from your house in the dead of night? You really want to get close enough in to use a bat or a knife?

    Again, how (exactly) does this mean that a gun is the ONLY tool that can be used?

    I'm willing to bet that you were raised in a) a city, or b) a city surburb.

    You may be willing to bet it, and you'd be wrong.

    I grew up in a rural town (population less than 800). I took gun safety, and hunting in school.

    And I still believe that most people don't need them.

  211. Re:Gun Control by Anonymous Coward · · Score: 0

    Jesus Christ, dude, at what point was I not expressing my opinion? This whole thing started when I said I would abolish P2P if I were king of the world! That's about as "opinion" as you can get!
    -------

    Good job you're not king of the world then, fucker.

  212. Last Post! by alpg · · Score: 1

    The problem with engineers is that they tend to cheat in order to
    get results.
    The problem with mathematicians is that they tend to work on toy
    problems in order to get results.
    The problem with program verifiers is that they tend to cheat at
    toy problems in order to get results.

    - this post brought to you by the Automated Last Post Generator...

  213. Last Post! by alpg · · Score: 1

    To understand this important story, you have to understand how the telephone
    company works. Your telephone is connected to a local computer, which is in
    turn connected to a regional computer, which is in turn connected to a
    loudspeaker the size of a garbage truck on the lawn of Edna A. Bargewater of
    Lawrence, Kan.

    Whenever you talk on the phone, your local computer listens in. If it
    suspects you're going to discuss an intimate topic, it notifies the computer
    above it, which listens in and decides whether to alert the one above it,
    until finally, if you really humiliate yourself, maybe break down in tears
    and tell your closest friend about a sordid incident from your past
    involving a seedy motel, a neighbor's spouse, an entire religious order, a
    garden hose and six quarts of tapioca pudding, the top computer feeds your
    conversation into Edna's loudspeaker, and she and her friends come out on
    the porch to listen and drink gin and laugh themselves silly.
    -- Dave Barry, "Won't It Be Just Great Owning Our Own Phones?"

    - this post brought to you by the Automated Last Post Generator...