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Investigating the RIAA's Billion-Dollar Claims

zrosener writes "I've put together a site with a lot of information on the cases. I created diagrams and explanations of the file sharing systems these students created that the RIAA is suing them for - and how they are functionally and technically very similar to Microsoft's tools built right into windows, and how they are dissimilar from Napster's." Good detective work.

19 of 210 comments (clear)

  1. ok, so what. by MousePotato · · Score: 5, Informative

    The artists will never see even the tiniest bit of the money. Check out this link and tell me how much of that money you think the actual artists are going to get: the problem with music by steve albini

  2. Re:And it's already slashdotted... by poot_rootbeer · · Score: 3, Informative

    People, why aren't we mirroring sites on other high-profile facilities with no bandwidth caps or problems?

    Because that would be a violation of the sites' copyrights, and could get OSDN and Slashdot sued.

    Any more brain-busters?

  3. Re:server struggling by Photon01 · · Score: 5, Informative

    aah crap sorry bout the formatting

    another try:

    This site contains information on the recent lawsuits filed by the RIAA against 4 college students for contributory and direct copyright infringement seeking damages of up to ninety seven billion eight hundred million dollars.

    $97,800,000,000

    Defendants

    Defendant: Daniel Jonathan Peng

    Princeton University, Sophomore

    Quick Links
    # Complaint - hosted by findlaw.com
    # Analysis of the Complaint - written by Joseph Barillari
    # Wake (Cached / Mirrored) - created by Daniel Peng

    Daniel Jonathan Peng maintained and developed an application / website called "wake" that allowed users of the website: http://wake.princeton.edu (cached) to search for files shared on Princeton University's Local Area Network. It appears that Wake was a front end to a SMB file spider that searched and catalouged all "shared" files on computers connected to the Princeton's LAN. SMB, also known as Samba, is a file sharing protocol developed originaly by Microsoft. It is a widely used and established technology for sharing files between computers accross a network. RIAA charges include contributory copyright infringement accusing that Peng "has taken a network created for higher learning and academic pursuits and converted it into an emporium of music piracy where copyright infringement is simplified down to the click of a computer mouse", and of direct copyright infringement for "copying and distributing hundreds of sound recordings over his system without the authorization of the copyright owners". Fred Van Lohmann, Senior Intellectual Property Attorney for the Electronic Frontier Foundation, volunteered to represent Peng in court.

    Defendant: Jesse Jordan

    Rensselaer Polytechnic Institute, Freshman

    Quick Links
    # Complaint - hosted by findlaw.com
    # www.chewplastic.com (Cached / Mirrored) - created by Jesse Jordan

    Jesse Jordan maintained and developed a website called "chewplastic" that allowed users of the website: http://ww.chewplastic.com (cached) to search for files shared on Rensselaer Polytechnic Institute's Local Area Network. It appears that chewplastic.com deployed an application called "Phynd", also an SMB file spider, to search and catalouge all "shared" files on computers connected to the Rensselaer Polytechnic Institute's LAN. RIAA accuses Jesse Jordan of direct and contributory copyright infringement.

    Defendant: Aaron Sherman

    Rensselaer Polytechnic Institute, Senior

    Quick Links
    # Complaint - hosted by findlaw.com
    # www.flatlan.com (Cached / Mirrored) - created by Aaron Sherman under the direction of Mukkai Krishnamoorthy, Associate Proffessor of Computer Science at Rensselaer Polytechnic Institute.

    Aaron Sherman under the direction of Associate Proffessor Mukkai Krishnamoorthy developed a network application called FlatLan. It is also an SMB file spider, designed to search and catalouge all "shared" files on computers connected a Local Area Network and capable of searching this catalouge through a web interface. The software was distributed for free and deployed on a many different school networks including Bryant College, Lehigh University, Michigan Tech, New Jersey Institute of Technology, Rice University, University of Texas, and Western New England College. The RIAA accuses Sherman of direct and contributory copyright infrigement. The complaint also states that Sherman "started a commercial enterprise to further profit from thee acts of infringement". The details to Shermans' "commercial enterprise" are shown a cache www.flatlan.com's "Products" page (cached) where he offers to sell "a complete Flatlan suite with unlimited FlatLan client licenses!". Apparently the RIAA took him up on this offer and through "trade association, have themselves purchased from the Defendant his software for $500".

    Defendant: Joseph Nievelt

    Michigan Technological University, hell of a coder

    Quick Links
    # Complaint - hosted by findlaw.com

  4. Minuis the Diagrams equals the suck. by Anonymous Coward · · Score: 5, Informative

    This site contains information on the recent lawsuits filed by the RIAA against 4 college students for contributory and direct copyright infringement seeking damages of up to ninety seven billion eight hundred million dollars.

    $97,800,000,000

    Defendants

    Defendant: Daniel Jonathan Peng

    Princeton University, Sophomore

    Quick Links
    # Complaint - hosted by findlaw.com
    # Analysis of the Complaint - written by Joseph Barillari
    # Wake (Cached / Mirrored) - created by Daniel Peng

    Daniel Jonathan Peng maintained and developed an application / website called "wake" that allowed users of the website: http://wake.princeton.edu (cached) to search for files shared on Princeton University's Local Area Network. It appears that Wake was a front end to a SMB file spider that searched and catalouged all "shared" files on computers connected to the Princeton's LAN. SMB, also known as Samba, is a file sharing protocol developed originaly by Microsoft. It is a widely used and established technology for sharing files between computers accross a network. RIAA charges include contributory copyright infringement accusing that Peng "has taken a network created for higher learning and academic pursuits and converted it into an emporium of music piracy where copyright infringement is simplified down to the click of a computer mouse", and of direct copyright infringement for "copying and distributing hundreds of sound recordings over his system without the authorization of the copyright owners". Fred Van Lohmann, Senior Intellectual Property Attorney for the Electronic Frontier Foundation, volunteered to represent Peng in court.

    Defendant: Jesse Jordan

    Rensselaer Polytechnic Institute, Freshman

    Quick Links
    # Complaint - hosted by findlaw.com
    # www.chewplastic.com (Cached / Mirrored) - created by Jesse Jordan

    Jesse Jordan maintained and developed a website called "chewplastic" that allowed users of the website: http://ww.chewplastic.com (cached) to search for files shared on Rensselaer Polytechnic Institute's Local Area Network. It appears that chewplastic.com deployed an application called "Phynd", also an SMB file spider, to search and catalouge all "shared" files on computers connected to the Rensselaer Polytechnic Institute's LAN. RIAA accuses Jesse Jordan of direct and contributory copyright infringement.

    Defendant: Aaron Sherman

    Rensselaer Polytechnic Institute, Senior

    Quick Links
    # Complaint - hosted by findlaw.com
    # www.flatlan.com (Cached / Mirrored) - created by Aaron Sherman under the direction of Mukkai Krishnamoorthy, Associate Proffessor of Computer Science at Rensselaer Polytechnic Institute.

    Aaron Sherman under the direction of Associate Proffessor Mukkai Krishnamoorthy developed a network application called FlatLan. It is also an SMB file spider, designed to search and catalouge all "shared" files on computers connected a Local Area Network and capable of searching this catalouge through a web interface. The software was distributed for free and deployed on a many different school networks including Bryant College, Lehigh University, Michigan Tech, New Jersey Institute of Technology, Rice University, University of Texas, and Western New England College. The RIAA accuses Sherman of direct and contributory copyright infrigement. The complaint also states that Sherman "started a commercial enterprise to further profit from thee acts of infringement". The details to Shermans' "commercial enterprise" are shown a cache www.flatlan.com's "Products" page (cached) where he offers to sell "a complete Flatlan suite with unlimited FlatLan client licenses!". Apparently the RIAA took him up on this offer and through "trade association, have themselves purchased from the Defendant his software for $500".

    Defendant: Joseph Nievelt

    Michigan Technological University, hell of a coder

    Quick Links
    # Complaint - hosted by findlaw.com
    # www.mtu.flatlan.com (Cached / Mirrored) - created by Joseph Ni

    1. Re:Minuis the Diagrams equals the suck. by jimmyharris · · Score: 2, Informative

      SMB, also known as Samba, is a file sharing protocol developed originaly (sic) by Microsoft.

      Saying SMB is also known as Samba is like saying HTTP is also known as Apache. SMB is a protocol while Samba is an open source product that uses that protocol.

  5. Partial Mirror by Anonymous Coward · · Score: 1, Informative

    http://www.massdebate.net/mirror/RIAA_4-10-2003/

    I have a partial mirror. I have not been able to get the images yet.

  6. Good Detective Work? by jsindell · · Score: 3, Informative

    I think not:
    SMB!=Samba.
    Likening SMB spiders to Windows' search is a pretty big jump, IMO. I can't get to the demonstration of linked near the bottom of the site, though (http://zacker.no-ip.org/slipperyslope). Was there a good explanation there?
    Also, is there a legend for all of the icons used in the pictures?

  7. SMB Facts by NullProg · · Score: 4, Informative

    SMB = Server Message Block, Not Samba.

    http://www.ossir.org/ftp/supports/96/netbios-3.h tm l

    I hope the rest of the information in the article was better researched.

    Enjoy,

    --
    It's just the normal noises in here.
  8. smb != samba by chaosandmadness · · Score: 3, Informative

    Hi, not to be too picky, but you've got a factual error about SMB about 11 lines from top. "SMB, also known as Samba, " but SMB = server message block protocol. Samba is an SMB talking application that can use SMB from unix and other systems, but Samba != SMB, like Internet Explorer != HTTP.

  9. Re:A question of intent by derF024 · · Score: 2, Informative

    By defualt on windows up to 2k (have not tried with xp) this is open.*everything* is shared by defualt. True, you still need to login *but* most people leave administrator's password blank...

    i hate to defend microsoft when it comes to security, but you're making us all look bad with these stupid claims. the $c $d etc. shares are enabled by default, but you need an administrator account to get in *and* that administrator account needs a password. if the person running the machine is a click+drool newbie and they didn't set a password, no one can log into that share.

  10. RPI Student Newspaper Links by telstar · · Score: 4, Informative

    If anybody's interested in checking out the RPI student paper's stance on this mess, check it out here.
    Lots of letters to the editor and a few articles.

  11. Re:Yeah Look at the article by Anonymous Coward · · Score: 1, Informative

    Actually it is held by many that touring is where you can make money. I have a few friends in the biz, and they say that record deals only get you noteriety so that you can make $$ on touring.

    And the argument that the industry loses so much money on bands that don't sell a lot of records means nothing. It just means that the record industry needs a better sense of what doesn't suck. It is apparent that if there are so many bad bands that cannot even break even when they charge an arm and a leg for a CD, then the industry needs to get better talent scouts!

  12. SMB not a Microsoft invention by Dishwasha · · Score: 2, Informative

    I'd just like to point out a misnomer in the linked article that "SMB is a file sharing protocol developed originaly by Microsoft". As alluded to in Samba's History, SMB was originally invented by Digital Equipment Corporation.

    1. Re:SMB not a Microsoft invention by NullProg · · Score: 2, Informative

      I'm not trying to start a flame war, but as an (80's) network programmer, I disagree.

      SMB was an IBM invention. Do you remember the old DOS Lan requester? Thats when it first appeared, not on a DEC, but DOS. The protocol allowed us to share printers, drives etc. on OS/2 and DOS systems.

      The link you provided in no way states that Digital had anything to do with SMB (I guess the moderators are asleep today). 3Com had more to do with this than anyone.
      Do you have any other references?

      My references are:
      Client/Server Lan Programming, Barry Nance, Que, 1994.
      C Programmers Guide to Netbios, Bob Metcalf (3Com), Sams, 1988.

      Enjoy,

      --
      It's just the normal noises in here.
    2. Re:SMB not a Microsoft invention by Dishwasha · · Score: 2, Informative

      I'd just like to point out a misnomer in the previous replied to article that "SMB was originally invented by Digital Equipment Corporation". Looks like SMB can trace it's roots to IBM in 1985. I believe the story goes that Andrew Tridgell wrote Samba to communicate with DEC's Digital Pathworks and quite by accident discovered that it also successfully communicated with Windows Netbios. Microsoft must have "invented" SMB right around the same time they "invented" Windows.

  13. ChewPlastic Forum by TinoMNYY24 · · Score: 4, Informative

    I just wanted to let all /.ers know that one of the defendents in this case, Jesse Jordan of Rensselaer has set up a furom for discussion of the lawsuit and whatever else. Find it at http://www.chewplastic.com/bb

    --
    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  14. Important details are missing by frumiousbar · · Score: 3, Informative

    Like the fact that Peng's site was lauded in the Princeton newspaper as a great way to get music for free. And like the fact that these guys were making a ton of music available from their own computers.

    *Whoops*

  15. Re:Rational damage calculation by L-Train8 · · Score: 2, Informative

    According to Article 49 of the legal complaint, the record companies are suing for the maximum statutory damages allowed under the DCMA, which is $150,000 per work infringed. This actually has nothing to do with economics or actual monetary loss that the companies have endured, but rather is the punishment imposed under
    17 U.S.C. Section 504(c).

    --

    Don't forget that Friday is Hawaiian shirt day.
  16. Re:Rational damage calculation by John+Hasler · · Score: 2, Informative

    > The basis used by the RIAA for calculating
    > damages in all these cases is fundamentally
    > absurd.

    True.

    > They take the number of copies, multiply by the
    > highest recent retail they can find, and draw a
    > big red circle around the result.

    False. They take the number of works they claim were infringed and multiply by $150,000, the maximum statutory damages permitted by law. The result is _not_ $97 billion.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.