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.
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
Prospecting Stinks. Stop Wasting Time on Cold Calling.
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?
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
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
http://www.massdebate.net/mirror/RIAA_4-10-2003/
I have a partial mirror. I have not been able to get the images yet.
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?
SMB = Server Message Block, Not Samba.
h tm l
http://www.ossir.org/ftp/supports/96/netbios-3.
I hope the rest of the information in the article was better researched.
Enjoy,
It's just the normal noises in here.
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.
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.
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.
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!
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.
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."
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*
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.
> 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.