Slashdot Mirror


The Rise and Fall of Napster

Jedi Paramedic writes "Boston.com has an interesting story about the rise and fall of everyone's favorite file-swapping service. Also the subject of a new book by Joseph Menn, the story goes into great detail about the unfortunate-but-heroic Shawn Fanning and his reluctance to admit that his uncle, who in the end masterminded little more than the lining of his own pockets, had taken advantage of him. From getting screwed in the original 70/30 split with his uncle to his uncle's refusal to loosen his iron grip on the company even at the expense of its very being, the article (and the book) go a long way in chronicling the rise and fall of Napster, and crediting Shawn for not airing the family's dirty laundry. An interesting and well-written read."

221 comments

  1. Ah, yes... Napster by Anonymous Coward · · Score: 1

    My grandfather told me about how when he was a kid, they traded files on Napster, and how it got in trouble for something about "copyright." I'm not exactly sure what that is, but apparently, information wasn't free back then. I'm glad things have changed.

    1. Re:Ah, yes... Napster by Overly+Critical+Guy · · Score: 0, Troll

      Yeah, it rocks working on something and not getting paid for it. I'm glad it worked out this way. Who needs copyright? People are entitled to download and steal whatever they want because it's there and it's convenient.

      --
      "Sufferin' succotash."
    2. Re:Ah, yes... Napster by Anonymous Coward · · Score: 0

      Fuck yeah. Information that I can't afford wants to be FREE!

    3. Re:Ah, yes... Napster by Anonymous Coward · · Score: 0

      my mod points! my mod points! oh no i'e wasted them all away! i ned to mod parent down noooooooooooooooooo!

    4. Re:Ah, yes... Napster by Anonymous Coward · · Score: 0

      My grandfather also mentioned how people used to be able to make a living off the hard-earned but intangible fruit of their labor (once known as "intellectual property") intead of giving $5 blowjobs on the street corner as I do now.

    5. Re:Ah, yes... Napster by Anonymous Coward · · Score: 0

      is that you Britney?

    6. Re:Ah, yes... Napster by Anonymous Coward · · Score: 0


      intead of giving $5 blowjobs on the street corner as I do now.

      Blowjobs want to be free!

    7. Re:Ah, yes... Napster by Anonymous Coward · · Score: 0

      No, it's your mother, dumbass!

  2. Good technolgy, bad media by Blaine+Hilton · · Score: 3, Interesting

    Its too bad Napster had to do music sharing. The technology between P2P networks pionered by Napster was something though. This type of network along with open souce and GPL software, along with MD5 checksums could be a great combination.

    1. Re:Good technolgy, bad media by Blaine+Hilton · · Score: 1
      Sorry, I ment to say "behind P2P", and not between. Although I'm sure that as with everything is still debatable ;-)

      Go calculate something.

    2. Re:Good technolgy, bad media by Istealmymusic · · Score: 1

      You mean like Gnutella?

      Repeat after me: fuck MD5.

      MD5 is flawed.

      Use SHA-1 instead.

      Or better yet (some say), TigerTree.

      All of which Gnutella uses.

      --
      "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
    3. Re:Good technolgy, bad media by offpath3 · · Score: 2, Insightful
      It's simply a matter of what you're testing for. MD5 is great as a checksum. Checksums are meant to find errors introduced at random by corrupted packets and the like. SHA-1 is a cryptographic hash, meant to foil malicious attackers purposefully changing the message.

      So really, fuck MD5 only if you're trying to make something secure against attackers.

    4. Re:Good technolgy, bad media by Anonymous Coward · · Score: 0

      >Its too bad Napster had to do music sharing.

      I don't think there's much else, realistically, that would have given them such a user base. If Napster had been set up to trade GPL software, it might have peaked at a few thousand geek users. That isn't nearly the audience you need if you want to a) get bought out, b) sell tons of advertising, or c) negotiate with big companies.

    5. Re:Good technolgy, bad media by Istealmymusic · · Score: 1
      So really, fuck MD5 only if you're trying to make something secure against attackers.
      What shouldn't be made secure against attackers? MD5 is obsolete.
      --
      "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
    6. Re:Good technolgy, bad media by 0x0d0a · · Score: 4, Informative

      Repeat after me: fuck MD5.

      MD5 is flawed


      Given known current flaws in MD5, it is possible to produce bogus data that matches a given MD5, though no constraints can be placed upon the content. A trojan, for instance, cannot be placed in a MD5'd file, but the file can contain random data.

      However, one of the fairly obvious ways to use MD5 is with a "tree" of checksums -- one for the whole file, one for each half, one for each quarter, etc, etc, etc. In this case, it is not possible to produce data that will pass validation.

      eDonkey uses MD4 hashes -- which is significantly easier to attack than MD5 -- yet I haven't seen problems with forged chunks on eDonkey.

      And while SHA-1 is nice -- and it might be just easier if everyone used it -- it is significantly slower. When I tested the md5sum and shasum implementations on my Linux box, I found that shasum ran at about a sixth the speed of md5sum.

    7. Re:Good technolgy, bad media by KDan · · Score: 1

      Not really. MD5 is obsolete if you're trying to make a cryptographically secure hash. MD5 is great for everything where you just need a pretty damn fucking great checksumming function. For checking whether a chunk of a file is indeed what it's meant to be, md5 will do the job way faster (and hence better) than sha1.

      Security for the sake of security is just as stupid as no security.

      Daniel

      --
      Carpe Diem
    8. Re:Good technolgy, bad media by fanatic · · Score: 1

      MD5 is flawed.

      Guess I missed this one - what's your source?

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    9. Re:Good technolgy, bad media by chrisnojima · · Score: 2, Interesting

      There is a speed vs security issue here. It's not that important for these crypto techniques to be unbreakable, it just needs to be hard enough to make sure no one bothers messing with a bunch of files. This is why MD4 is such a good hash to use. It's quick and reasonably secure.

    10. Re:Good technolgy, bad media by Kjella · · Score: 1

      However, one of the fairly obvious ways to use MD5 is with a "tree" of checksums -- one for the whole file, one for each half, one for each quarter, etc, etc, etc. In this case, it is not possible to produce data that will pass validation.

      Of course this brings us to the next question - if they really starting sending fake data, wouldn't they also start passing around fake trees? I assume there's no way of separating a fake tree from a real tree. That problem isn't solved by going SHA-1 either. If push comes to shove, there'll be a need for both SHA-1 and some form of PKI to ensure the validity of the trees.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    11. Re:Good technolgy, bad media by shione · · Score: 0

      I think they could have delivered the technology in a much better way and managed their whole operation in a way which avoided all the hassles that later arose.

    12. Re:Good technolgy, bad media by sean23007 · · Score: 3, Insightful

      The phenomenon of Napster was that it captivated the non technical crowd by giving them a way to find something they already wanted in a new format that was just as good as (or better than) the formats to which they had been accustomed. Napster was so popular because people wanted music. You can't make the vast populace want open source software just by creating a distribution system. Napster was the creation of a distribution system for a latent demand.

      --

      Lack of eloquence does not denote lack of intelligence, though they often coincide.
    13. Re:Good technolgy, bad media by Istealmymusic · · Score: 1
      I can't find the original pr but here is the Wikipedia entry:
      MD5 (Message Digest Algorithm 5) is a message digest algorithm (and cryptographic hash function) with a 128-bit hash value. MD5 is one of a series of message digest algorithms designed by professor Ronald Rivest of MIT. It is an improvement upon its predecessor, MD4, made in response to some analytic work indicating that MD4 was likely to be insecure. MD4 was subsequently shown to be cryptographically insecure. MD5 has been widely used, and was originally thought to be cryptographically secure. However, work in Europe in 1994 uncovered weaknesses which make further use of MD5 questionable. Specifically, it has been shown that special pairs of messages can be generated which have the same hash. Unlike MD4, it is still thought to be very difficult to produce a message with a given hash.
      --
      "The lesson to be learned is not to take the comments on slashdot too literally." --Vinnie Falco, BearShare
  3. Of course he credits Shawn... by telstar · · Score: 5, Funny
    "crediting Shawn for not airing the family's dirty laundry"
    • yeah .. 'cause if he had, there'd be no reason for anyone to buy Joseph's book.
  4. Um.... by Omicron32 · · Score: 1, Funny

    everyone's favorite file-swapping service

    It sure as hell wasn't my favourite...

    1. Re:Um.... by KDan · · Score: 2, Informative

      Audiogalaxy... now that was a friggin' good filesharing service. Low-hassle, lots of rare stuff... excellent.

      Daniel

      --
      Carpe Diem
    2. Re:Um.... by shibbydude · · Score: 1
      Audiogalaxy... now that was a friggin' good filesharing service.

      Damn straight! That was the single best idea for p2p anyone ever had. The web interface was great and I discovered so many new bands, it was amazing.

      --
      We're only gonna die from our own arrogance, that's why we might as well take our time...
  5. I'll skip the article, thanks, in favor of by RLiegh · · Score: 3, Funny

    ...watching the musical!
    Seriously, doesn't this seem a little like 'great expectations' or something (only problem being I'm not sure if GE got made into an musical or if I'm getting it confused with something else. :-/)

    1. Re:I'll skip the article, thanks, in favor of by Anonymous Coward · · Score: 0

      Have you ever heard of planet of the apes
      -uh, the movie or the uh planet
      The new springfield musical

      I hate every ape I see, from chimppanA to chimpanzee...Oops I was wrong. It was earth all along. They finally made a monkee out of me.

    2. Re:I'll skip the article, thanks, in favor of by Anonymous Coward · · Score: 0
      THE movie or the planet? _THE_ movie?

      It had better be the recent one you're ignorant of, you damned dirty ape!

    3. Re:I'll skip the article, thanks, in favor of by KDan · · Score: 1

      Hahahah... yeah, that was a brilliant episode :-)

      Daniel

      --
      Carpe Diem
  6. Amazon Reviews by paulychamp · · Score: 2, Interesting

    The two "spotlight reviews" on Amazon are interesting.

    1. Re:Amazon Reviews by PhoenixK7 · · Score: 1

      Heh, agreed.

      Nice how each is "A reader" from some place in california. Didn't even attempt to place a name behind their statements.

      Since when are AC posts "spotlight" reviews :p

  7. sure... by gimpimp · · Score: 3, Insightful

    napster's rise was stunning, as was it's fall - but it's left behined something that the riaa/mpaa CAN'T take away, and that is the concept of p2p sharing of media on the internet. pre-napster internet use and post-napster internet use are two completely different things for numerous age-groups now...

    cheers,

    --
    i wish i was but oh well
    1. Re:sure... by Anonymous Coward · · Score: 0
      napster's rise was stunning, as was it's fall - but it's left behined something that the riaa/mpaa CAN'T take away, and that is the concept of p2p sharing of media on the internet. pre-napster internet use and post-napster internet use are two completely different things for numerous age-groups now...

      cheers,
      I'm not sure if I follow your logic. By its very nature, the internet is a peer to peer file trading network. Something like Napster was just a specialisation of that function; something obvious enough to have happened anyway, much like IM would've happened sooner or later with or without ICQ.
    2. Re:sure... by muzthe42nd · · Score: 2, Funny

      i never run a P2P client any more, not for moral reasons though, but because i am on the shittest dial up connection imaginable. I am connected at 4,800 (yes, 4 thousand 8 hundred) bits per second. Do you know how shit that is?

      yes, i am on a 56k modem, thank you BT.....

      --
      Pfft - Sorry, what?
    3. Re:sure... by iCEBaLM · · Score: 2, Interesting

      It was there before napster, especially on IRC, napster just brought it to the masses with a pretty interface. If napster didn't do it another program would have. The idea and technology were already there, napster didn't really do anything innovative that wasn't already happening.

      -- iCEBaLM

    4. Re:sure... by SirDaShadow · · Score: 1

      so bad...there are laws in the US that force telcos to fix your phone lines if you don't get a 14400 connect or better...granted that's not the fastest thing on earth but better than 4800...ever tried another modem?

    5. Re:sure... by larryleung · · Score: 1

      Yea, I agree. And it was a pretty half assed specilization. All it did was bring the concept of file sharing to the masses through marketing it as a source of free mp3s and proceeding to piss off the RIAA. Most people knew it could be done but didn't do so because of the moral and legal problems.

      Napster frightened the RIAA and started a wave of corporate paranoia towards digital media that persists today. Thanks shawn!

    6. Re:sure... by happyhippy · · Score: 1
      You are lucky. Some parts of Northern Ireland dont even get half that. A friend gets 1000 bits per second even after tweaking the modem settings.

      And BT still stick broadband advertisments through the door even though they dont offer it anywhere within 70 mile of here.

    7. Re:sure... by yellowstone · · Score: 3, Interesting
      [file sharing] was there before napster, especially on IRC, napster just brought it to the masses with a pretty interface.
      Don't minimize the importance of mass popularity. Having the ability to do something (like share files across the internet) is one thing. Having it become popular across a large population, to the point it changes the way people think about intellectual property is quite different, and far more powerful.
      --
      150 Opening BINARY mode data connection for slashdot.sig (129323052 bytes).
    8. Re:sure... by Anonymous Coward · · Score: 0

      Howz about doing a search for Janis Ian's article on file sharing. The record companies have been raping not just us, but artists like her. Blame Shawn all you want.....you play their game by doing it, but that doesn't seem to bug you.

    9. Re:sure... by iCEBaLM · · Score: 1

      That's my point, I don't think it changed the way people think about intellectual property, I think they always thought that way because it was already being done. It just centralized it and allowed the music industry (in this case) to specify and villify a single enemy.

      I know I had always thought that way, even back into the BBS days and the local warez BBS's.

      -- iCEBaLM

  8. Excuse my ignorance... by dotgod · · Score: 5, Interesting

    Can anyone explane how Napster made money? AFAIR there were no ads on the site or in the client (save the cdnow link that was in later versions of napster). It obviously made some kind of money, however, because I remember hearing about how Shawn Fanning made a lot of money.

    1. Re:Excuse my ignorance... by croddy · · Score: 3, Insightful

      in the first 3 client releases there was a banner ad space, but it never displayed anything except a link to napster.com. I guess we should have known the business model was fkd up when the new clients had no banner space.

    2. Re:Excuse my ignorance... by Juanvaldes · · Score: 2, Interesting

      Venture Capitalists greedy bastards dumped millions into the company, I'm sure Fanning got some of it. Later on I believe they started selling shirts, I got one at OZ-fest, and some manager person came up and started yelling at the lady who gave them to us because they were supposed to sell them. After he left she gave away the rest of the shirts.

    3. Re:Excuse my ignorance... by lseltzer · · Score: 4, Insightful

      Your first impression was correct. It made no money at all, and any money Shawn made was out of dumb-ass investors' pockets. If you ask me, it had no serious potential for making money.

    4. Re:Excuse my ignorance... by Anonymous Coward · · Score: 5, Interesting

      You are excused.

      What if the music industry had purchased napster and released their full catalogs for free but ripped at a low bit rate say 96kb and then offer a pay version for the same data but ripped at a 320kb rate. No one could have competed because they would of had the depth of inventory. Lost opportunities. They went the other way and crushed Napster and they totally lost it by not having something to pick up the slack. Where did they think that the Napster users were going to turn when an option (Kazaa, Bearshare, et al) arrived. Lost opportunities.

    5. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      Because somebody would just take the professional 320Kb rips and put them on Kazaa, Bearshare et al.

      The music industry might be dumb, but they ain't stupid. Which is why they are waiting for the proper DRM infrastructure.

    6. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      1. Found company.
      2. Give away t-shirts for free.
      3. ???
      4. PROFIT !!

    7. Re:Excuse my ignorance... by Anonymous Coward · · Score: 1, Insightful

      You are missing the point. They should have kept Napster running and offered all of their music. Kazaa and Bearshare would have never been developed, or at best they would have been tiny. If you knew that you could get what you wanted 100% of the time, you wouldn't even mess with the rest.
      Tell me how the music industry plan worked out so well? They are looking at their own demise - lost opportunities.

    8. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      Yeah, Sony is really wanting to kill 90% of its profits (consumer electronics -many mp3 based) so that the other 10% (music) profits?

    9. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      ha ha... Kazzzaaaa and Bearshare didn't EXIST!

      If the record co's had bought and subverted napster, they would've laughed all the way to the bank.

      Underground trading would've stayed small and underground, just like it always has been (ever trade tapes/CDRs in high school?)

      On the other hand, I kinda like the fact that the record industry is dumb. All the farting and spitting they are doing is forcing us to rethink the scope and purpose of copyright law, which REALLY needed to happen (life + 70 years? c'mon!) especially in the current "information age".

      As far "proper DRM infrastructure", you've GOT to be kidding. DRM is somebody's fantasy wet dream, it will never work the way they want it to. The only advantage to DRM is that they can pass "DRM-cracking" laws like the DMCA which just means you actually get sent to prison for giving somebody a copy of a CD (because you had to use your sharpie marker or whatever to "break" the DRM). fair-minded folks will always pay for their CDs, DRM or not, and copiers will continue to copy.

      I'm looking forward for the day when the "statues to come down" in this copyright mess....keep being stupid RIAA! It makes us all look smart!

    10. Re:Excuse my ignorance... by Evil+Adrian · · Score: 1

      They should have kept Napster running and offered all of their music. Kazaa and Bearshare would have never been developed, or at best they would have been tiny. If you knew that you could get what you wanted 100% of the time, you wouldn't even mess with the rest.

      You, sir, are missing the point. Why get shit-quality copies of music for free from Napster, when a different p2p service would offer sales-quality copies of music for free?

      Duhhhhhhhh

      --
      evil adrian
    11. Re:Excuse my ignorance... by CrazyDuke · · Score: 1

      "IMO, they should have been charged under RICO."

      RIAA-pot: BLACK. BLACK. You are so black! I'll sue you.

      Napster-kettle: . . .

      Music-artists: . . .

      Pricegouged-consumers: . . .

      --
      Any sufficiently advanced influence is indistinguishable from control.
    12. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      "If you knew that you could get what you wanted 100% of the time, you wouldn't even mess with the rest." I think the poster says it all in his post. And he/she is right.

    13. Re:Excuse my ignorance... by Saeger · · Score: 2, Insightful
      Why get shit-quality copies of music for free from Napster, when a different p2p service would offer sales-quality copies of music for free?

      Because there's a point for many people (not all) where paying a reasonable fee for a 'legit', reliably-good datafile, is much more convenient than spending the time and effort to sift through multiple p2p networks full of unknowns.

      Of course, even if the per-track and/or monthly fee was reasonable (not in this life), I'd still have a major problem filtering my money through those bloodsucking middlemen instead of getting it directly to the deserving artists.

      Assuming the artists were in control, I wouldn't pay for the ads^H^H^Hmp3's individually, but I would pay a flat fee for access to a universal service with users-like-you-also-like-this recommendations & ratings and such. Multiple islands of p2p would pale in comparison.

      --

      --
      Power to the Peaceful
    14. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      "Kazaa and Bearshare would have never been developed, or at best they would have been tiny"

      Napster was tiny once too. People would go where the content is.

      Besides, Napster only did music. First guy on the block to do movies and porn would have killed them.

    15. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      More Slashdot mental masturbation. Iff A, B, and C (oh, and D) were true, I wouldn't pirate music. Really, I wouldn't, really, and neither would anyone else, really.

      It's rather sad the extent some people will go to just so they can sleep at night. Try embracing amorality -- it's foundation of the P2P revolution.

    16. Re:Excuse my ignorance... by HeyLaughingBoy · · Score: 2, Insightful
      Because there's a point for many people (not all) where paying a reasonable fee for a 'legit', reliably-good datafile, is much more convenient than spending the time and effort to sift through multiple p2p networks full of unknowns.

      That is something that many people forget or don't realize. This is exactly what I would want from the music companies. I'm not a starving student anymore: I have plenty of money to spend on CDs, but I want to be able to conveniently preview what I hear so the money isn't wasted. My time is valuable, so I don't want to spend it looking for poorly recorded crap on Kazaa. I've noticed that most of the CDs I purchased recently were because I heard songs on the soundtrack of one movie or another. I rarely listen to the radio other than NPR (that's how I discovered India Arie before she was popular), and MTV etc is just a waste of time.

      The RIAA and their ilk should just forget about the people who can't afford to buy CDs. Trying to stop piracy from that quarter is a waste of their time and we all know it's a losing battle. When I was a student with no money, it would have been no big deal to spend my free time amassing thousands of tracks online. Now I just want to plunk down my cash and play a CD with no effort. I'm in the market they should be trying to serve. Instead, the more I find out about their tactics, the more I want to just buy CDs directly from the artists and bypass them altogether.
    17. Re:Excuse my ignorance... by dachshund · · Score: 1
      What if the music industry had purchased napster

      Why would they buy Napster? All the record industry had to do was release their catalogs on a convenient pay site (which they still haven't really done.) Napster's "innovation" (which wasn't patented) was useful, but hardly necessary for this business.

      All Napster really had was a name, and the public demonstrated that they were willing to go elsewhere for free music.

    18. Re:Excuse my ignorance... by TopShelf · · Score: 1

      Venture Capitalists buying into the company is exactly how Fanning would have made his lucre. If the founders start with 100% of the company and sell off an interest (60%?) to others for $X million, they walk away with a tidy sum. Greedy Bastards? More like engines of progress, but who wants to split hairs...

      --
      Stop by my site where I write about ERP systems & more
    19. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0
      ... because they would of had...

      They would have had.

    20. Re:Excuse my ignorance... by Cynikal · · Score: 1

      i have to disagree
      you MUST know the scene, how the internet works.
      even if there was a catalogue online of any song you want at a low bitrate and pay option, im sure some people would buy a few songs, but i think the majority would find a free way to get what they want.

      i mean, alot of software developers offer the option to buy their software online and download it right the, but its still pirated all over the net. the same would happen to music and movies. a few people would buy the music, but most would still pirate them, its a known constant.

    21. Re:Excuse my ignorance... by mattsucks · · Score: 1

      Why get shit-quality copies of music for free from Napster, when a different p2p service would offer sales-quality copies of music for free?

      why would anyone pay for bottled water when they can get it from any number of taps for free?

      in a word: convenience

    22. Re:Excuse my ignorance... by Evil+Adrian · · Score: 1

      The RIAA and their ilk should just forget about the people who can't afford to buy CDs. Trying to stop piracy from that quarter is a waste of their time and we all know it's a losing battle.

      If someone can afford a computer and the bandwidth to download mp3's, then they can afford a fucking CD. Your argument makes ZERO sense.

      --
      evil adrian
    23. Re:Excuse my ignorance... by Anonymous Coward · · Score: 0

      Right. There are all types of people who download mp3's. broke, rich, HS kids, College grads. It's all a matter of wanting to buy CD's. Me? I haven't bought a CD in forever. why? aside from the occctional tracks I do purchase off the internet, I don't want to hear the entire cd from such-and-such band. Most of the tracks on the radio sound nothing like the rest of the cd, and the artist is just trying to get play so their cd will sell. I get the tracks I want and say fuck 'em for 'lying' or buy the tracks I like from the distro.

  9. Magwitch Did It! by SHEENmaster · · Score: 2, Funny

    err, the uncle did it.

    In all seriousness, GE sucked. I'd write a longer review, but this about sums it up.

    --
    You can't judge a book by the way it wears its hair.
  10. When you get the book... by lseltzer · · Score: 5, Funny

    ...please scan it in, OCR it and "share" the contents with others on the net, because I don't think people should have to pay for it.

    1. Re:When you get the book... by machine+of+god · · Score: 0

      I still wouldn't read it.

    2. Re:When you get the book... by Anonymous Coward · · Score: 2, Funny

      What a waste of time.. I pirate my books the old-fashioned way .. I borrow a copy from a friend or the library!

      Sometimes, when I'm feeling particularly criminal, I go to the bookst^H^H^H^H^H^H local pirate's den and read the book without paying for it!

      Actually my local bookst^H^H^H^H^H theft haven has awfully comfortable chairs and a coffee shop. I think they actually WANT you to sit and read books without paying for them. I feel sorry for the CHUMPS that actually take their books to the checkout counter. I just "read and reshelve".. my favorite piracy trick of all!

      Posted anonymously because I have a family, and I want to see them again.

    3. Re:When you get the book... by Anonymous Coward · · Score: 0

      yeah. Or, go to a library. I just realized, libraries lend music as well. Movies too. ... ...
      RIAA HELP ME I AM LOSING BOOK SALE MONEY!

    4. Re:When you get the book... by karnal · · Score: 1

      But it's not whether you'd read it... would you download it just to have it?

      *grin*

      --
      Karnal
    5. Re:When you get the book... by scrytch · · Score: 1

      What a waste of time.. I pirate my books the old-fashioned way .. I borrow a copy from a friend or the library!

      Libraries buy their books. And you were never enjoined from lending out your CD for free (even if the music companies would like it that way).

      Sometimes, when I'm feeling particularly criminal, I go to the bookst^H^H^H^H^H^H local pirate's den and read the book without paying for it!

      And run off your own bound printed copy on an inline-publishing printer/copier without paying for paper.

      Hey, the music companies did themselves in with their own greed, and I grab the occasional song off shareaza myself without feeling like I'm funding Al Qaeda or something, but do us all a favor and quit it with these weak rationalizations and shoddy analogies, ok?

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
  11. Napster as the internet martyr by l0ungeb0y · · Score: 5, Funny

    Seems though the RIAA succeeded in crushing it in doing so it has created a cultural icon that shall be remembered for years, even decades to come.

    Now, if we could just form a religion based upon the cat-like diety, perhaps we could defeat the DMCA as a form of freedom of Religion :)

    1. Re:Napster as the internet martyr by Anonymous Coward · · Score: 0
      "Vader, if you kill me I will become more powerful than you can possibly imagine."

      NOTE: give George Lucas credit for this brilliant prose...

      jump 12 years ahead to the jedi movie that stank...with the furry midgets..(which were supposed to be wookies..*sigh*)

      "Dammit Luke, I am just a ghost now, you go kick his butt..."

      jump 20 years into future

      Mr. Fanning's last retort before the Judge slit's Napster's throat...

      "If you turn off my servers, I'll...I'll become like some kinda mega icon for geeks and write my autobiography under an assumed name, and tell everyone what bastards you all are!!"

  12. Shawn Fanning was heroic? by Nathan+Ramella · · Score: 0, Troll
    While the unobservent viewer might liken Napster to the legend of Robin Hood, if you take a step back and realize that Robin Hood stole from the rich and gave to the down-trodden and poor who had no food or freedom, Napster just facilitated the theft of music.

    I guess you could make the argument that music and information want to be free and that life without music would be a terrible existence, but the only difference between Napster and shoplifting a CD is physical evidence.

    --
    http://www.remix.net/
    1. Re:Shawn Fanning was heroic? by syrinx · · Score: 4, Insightful

      but the only difference between Napster and shoplifting a CD is physical evidence.

      yawn. mod parent -1, troll. No one can honestly say that they think that.

      Here's a hint, if I shoplift a CD, the store doesn't have it anymore, if I use Napster, no one is deprived of anything. They're so completely different, not only are they in different ballparks, they're playing a different game.

      --
      Quidquid latine dictum sit, altum sonatur.
    2. Re:Shawn Fanning was heroic? by Usquebaugh · · Score: 2, Funny

      So we can deduce Robin Hood, clue the name, had a better publicist than Napster?

    3. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 2, Interesting

      You're right. It more like someone using your patent to build widgets, then not paying you a licensing fee.

    4. Re:Shawn Fanning was heroic? by matsmats · · Score: 1

      Actually, that's just confusing theft and copyright infringement, which are different. Blurring the difference between the two is just newspeak aiming at giving copyright holders a rhetorical upper hand. It may help making copyright infringement sound bad, but at the same time it's lessening the impact of real theft.

      The looting of the national museum in Baghdad should really illustrate the difference. The actual theft means the world has instantly lost access to artifacts worth billions of dollar and of immense value to the common knowledge of the start of human civilization.

      A equally grand copyright infringement may in actual cost have happened on Napster. Still doesn't have the same effect as theft.

    5. Re:Shawn Fanning was heroic? by NanoGator · · Score: 1

      "Here's a hint, if I shoplift a CD, the store doesn't have it anymore, if I use Napster, no one is deprived of anything."

      Not to mention that the CD's still had value, seeing as how the RIAA doesn't sell singles of every song on every album. Frankly, Napster was about as harmful as radio. If people were using Napster to save money, then how come $400 iPods are popular? $400 buys you a pretty good number of CDs.

      --
      "Derp de derp."
    6. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0

      in fact the rampant copying of music makes sure its availible in the future when the physical medium is gone forever, ensuring that it is forever availible.

      looting of museums permenantly removes items from our cultural heritage.

      and people who rely on metaphors 'its like this and this is bad so it is too' have already lost the argument.

    7. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 5, Insightful

      Here's a hint, if I shoplift a CD, the store doesn't have it anymore, if I use Napster, no one is deprived of anything.

      And that's where you're wrong. You are enjoying the fruits of someone else's labors, namely that of the artist, the producer, the sound mixer, the recording booth operator, the marketing company, and all the secretaries, managers, and janitors that work for the above companies. They all work for a living, and they get paid when people buy the music that you just stole.

      That's right, you stole it. You now have something you didn't have before, and you didn't pay for it. Copyright law says you have to pay for it. Intellectual property law says you have to pay for it. Common decency says you ought to pay for it. And if the long arm of the law catches you, you can be damn sure they're going to make you pay for it.

      Look, you can hate the RIAA/MPAA all you want. I have no love for them at all. I think CD's are ridiculously overpriced, that the companies are gouging us while providing us with horrid content. I think the MPAA's control over the DVD format vis-a-vis region coding, CSS, and Macrovision is one of the most belligerent things a provider can do to a customer. However, none of that gives me the right to steal from them, and it sure as hell doesn't give you any moral credibility to be justifying your theft.

      If you had any morals or principles at all, other than your own self satisfaction at someone else's expense, you'd be content to simply boycott the labels you don't agree with and trade music from bands that allow you to legally do so. Instead, you're just content to be a thief, attempting to moralize your actions because it allows you to steal and feel smug about it.

      Face it, information is not free, nor will it ever be free unless the owner of that information chooses to make it so. Information is worth whatever the owner wishes to charge for it, and the rarer it is, the more they can charge. If you don't like it, I'm sure there's some nice socialist country somewhere that'd take you in. North Korea, for example.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    8. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0

      First of all, let's get this straight: Downloading illegal mp3's is NOT stealing. It is copyright infringement. I am not a thief. I am a copyright infringer.

      Now here is the deal, there is nothing morally wrong at all with downloading someone's music without paying for it, even though they want money. If the artist has a million of his CD's stashed away in his basement, I can take one without him noticing. He won't miss it. That's cool.

      But wait! He is loosing money because I didn't GIVE HIM MONEY!??!? sorry dude, but that just doesn't make any sense, no matter how you look at it.

      The artists are acting like spoiled children, wanting something they can't have. They want to control information. That is wrong. Information wants to be free. I asked it.

    9. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 0

      If the artist has a million of his CD's stashed away in his basement, I can take one without him noticing. He won't miss it. That's cool.

      Ah! So, just because someone has a lot of something, that gives you the right to take some of it, because they "won't notice it"?

      Great! I'm sure you've got some money in your bank account somewhere. I'll just take some of it! You shouldn't care, because you had a lot of it in there to begin with!

      Now, imagine if you looked at your bank statement and noticed that an unauthorized withdrawal had been made. You'd damn sure contact the bank and demand to be made whole again, wouldn't you? Of course you would, because it's yours. But when it's someone else's stuff, it's okay.

      Wake up and smell the hypocrisy. If you want to steal/infringe/whatever, go right ahead. I could care less about what your actions are. Just don't attempt to cloak yourself in some kind of white-knight moral justice, because you're nothing but a thief. Be proud of being a thief, or just stop being one, but quit acting like you're claiming the high moral ground.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    10. Re:Shawn Fanning was heroic? by charlequin · · Score: 1

      You completely missed the point of the distinction he was making. If you shoplift a CD, you are taking a physical item. The store you stole from paid maybe $6 to purchase that CD, and is reselling it to you now. When you steal it, not only don't they get your money, but they're also out the $6 they paid to buy it in the first place. When you download an MP3, you are not taking any physical item. It's true that you are acquiring something without paying for it. But you are not, in any sense, depriving someone else of something that they had, only something that they were entitled to on principle. An argument can be made that this is unethical, and that it constitutes a form of theft, certainly. But even if it is, it is a fundamentally different, and lesser, form of theft. Any attempt to reason on the issue needs to recognize this distinction if it's going to come to a legitimate conclusion.

    11. Re:Shawn Fanning was heroic? by siliconwafer · · Score: 1

      Bullshit.

      Of course, we all know that record companies and artists make all of their money on the ten cent piece of plastic we call a CD. /sarcasm.

      It's the music that sells. Not the disc.

    12. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1, Insightful

      But you are not, in any sense, depriving someone else of something that they had, only something that they were entitled to on principle.

      So if I hire you and allow you to work for me for two weeks, but then deny you a paycheck, I haven't stolen anything from you, have I?

      Of course I've stolen something from you! I've stolen your time, your effort, and your creativity for my own personal gain, and I've refused to compensate you for it as was agreed before you began work. If I, as an employer, were to do such a thing, you could sue me for breach of contract and most certainly win.

      You, as a consumer, have the same "contract" with the provider to compensate them for the assigned value of the works you are enjoying. That contract is called "copyright law", and you're completely in the wrong if you think it doesn't apply to the situation.

      You're advocating hypocrisy here, but that's nothing new on Slashdot. Can't you rise above this petty thievery?

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    13. Re:Shawn Fanning was heroic? by cperciva · · Score: 1

      So we can deduce Robin Hood, clue the name, had a better publicist than Napster?

      No, it just means that the RIAA is more powerful than King John was.

    14. Re:Shawn Fanning was heroic? by karmawarrior · · Score: 1

      Quite. It's more like if you worked programming for a week, and at the end your boss announced he wasn't going to pay you, because the work was done anyway and it's not as if he was stealing because him having a copy of the software didn't mean you couldn't have a copy.

      --
      KMSMA (WWBD?)
    15. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0

      If I had money in the bank and you took some I wouldn't care. Too bad I have no money.

    16. Re:Shawn Fanning was heroic? by Quantum+Jim · · Score: 1

      Not that I fully disagree with you, however....

      If you hire him, then you and he must be signing a contract specifying rights, responsibilities and obligations. Thus, if you deny him his paycheck, then you are violating the contract - you are not stealing anything. Furthermore, file sharers and music labels (usually) don't sign contracts indicating rights and obligations between the parties involved in a music transaction (unlike when hiring someone), so you analogy doesn't apply.

      Just some food for thought. :-)

      --
      It is impossible to enjoy idling thoroughly unless one has plenty of work to do.
      - Jerome Klapka Jerome
    17. Re:Shawn Fanning was heroic? by Galvatron · · Score: 3, Insightful
      So if I hire you and allow you to work for me for two weeks, but then deny you a paycheck, I haven't stolen anything from you, have I?

      Sorry, but that's a poor example. What if no one liked your music? You'd still be broke, even without piracy. Hence, there is no implied contract here. A more realistic example would be if you put on a fireworks display, and charged people to sit on a grassy field and watch. Then, no one came because they all realized that the fireworks would be just as visible from another park that they could sit in for free.

      The point that you're trying to make is that it's immoral to enjoy the fruits of someone's labor without compensating them for it. That's true. However, as Ronald Coase posits in his economic theory of externalities, a victim is rarely a simple innocent bystander. Most victims have put themselves in a situation where they will be victimized (Coase's classic example is that of the person who buys a house by an airport; he is a victim of noise pollution, but this is an issue he should have known about when he bought the house). In this case, the musicians are allowing themselves to be victimized by relying on an oudated economic model: profiting from the sale of pre-recorded music. The solution to this problem is not for people to hysterically shout "Stop pirating music!" The solution is to find a new model for the music industry to follow. Most likely, this will mean depending on live performances and merchandising, rather than recordings, for income. It will also likely mean that musicians of the future will have to accept lower incomes, the field will no longer be dominated by a few superstars, but by a larger number of middle class performers and an even larger number of hobbyists.

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    18. Re:Shawn Fanning was heroic? by alienw · · Score: 1

      Nobody has the right to a business model. I don't see anything immoral about downloading someone's song instead of paying for it. If the artists don't get the money I would have paid -- boohoo, they can always get a real job or find some other way to make money. If they are really good and I really like them, I'll go to their concerts, buy their stuff, etc. That's how many artists survive, anyhow -- the labels don't pay them too many royalties.

      Most talented artists don't make music for the money anyway. Music and books existed in copious amounts way before there were copyright laws. The only thing that copyright laws gave us are shitty music and shitty books that are designed primarily to make money.

      Also, "owning" information is not a natural right. You can't charge people royalties for using Newton's laws. Ownership proper can not be applied to abstract concepts and things. It is something that we as a society came up with to encourage people to create. However, this idea has been perverted to beyond belief. Corrupt governments controlled by powerful corporations have overextended copyright laws to the point where they are designed solely for making money. To the people who originally conceived copyright laws, extending them beyond the author's death would have seemed ludicrous -- you can't encourage dead people to create new works. Yet, our society does this exact thing.

      Sure, it is illegal to copy copyrighted stuff. But it is not immoral. Please do not make the mistake of equating legality with morality. The two things are separate. By your logic, harboring fugitive slaves in 19th century US would have been immoral because you were stealing some Southern farmer's property. The opposite is true by any contemporary standards. Perhaps, in a few decades, we will realize that "owning" information is as ridiculous and inappropriate as "owning" people.

    19. Re:Shawn Fanning was heroic? by sheddd · · Score: 1
      ... music that you just stole.

      That's right, you stole it.

      m-w.com:

      Steal

      1 : to take the property of another wrongfully and especially as an habitual or regular practice.

      Property

      2 a : something owned or possessed; specifically : a piece of real estate

      Copywright Infringement != Theft

    20. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

      Interesting that the parent was +5 but you're just +3, though clearly your post was the voice of reason. Clearly a result of crackhead moderators who have grown up with the convenience of downloading whatever they want, and so have morally justified it in their minds to avoid feeling guilt, and so are avoiding modding you up.

      Yes, downloading with paying is stealing. You nailed it.

      --
      "Sufferin' succotash."
    21. Re:Shawn Fanning was heroic? by Jah-Wren+Ryel · · Score: 1

      You must realize that you repudiate your own posting with the contents of your .sig, right?

      When a...web of lies has been sold gradually to the masses over generations, the truth will seem...preposterous.

      The truth is that the pigopolists that make up the various Asses of America (RIAA, MPAA, etc) own their little piece of the Federal Government. The Asses are the people who literally write the copyright laws and get their bought & paid for politicians to rubber-stamp them into existence.

      The larger group of corps that essentially dictate the content of mainstream media and the available "choices" for major public office keep the average joe from having any substantial say in these matters of law.

      But we have been told over and over for generations about how America is a country governed by the rule of law and the law is the embodiment of the will of the people. The truth of the matter is that the law is now the embodiment of the will of the corporations, and our government is the best that money can buy. Perposterous! Or so claim many who have been sold the big lie, generation over generation.

      But for those who see more clearly, it is obvious that there is no morally justifiable reason for the state of copyright law as it is today. Because of that, and because the system is so skewed that any chance of substantial change in our lifetime is about nil, anyone who infringes copyright is fighting the pigopolists the only way they can be fought, by cutting off their funding. Undoubtedly many of these file sharers are doing so out of greed and not as a political action. But, so what? If the end result is the embodiment of the will of the people, then that is what America is about.

      Personally, I don't have time or energy for any of this P2P crap. Instead, I do my part by buying only used DVDs and then lending them to as many people as I can for free as an effort to reduce the funding of the MPAA. But still, I say, more power to the online sharers, they push the limits of technology everday and they are fighting the good fight, even if they don't know it.

      --
      When information is power, privacy is freedom.
    22. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

      Here's a hint, if I shoplift a CD, the store doesn't have it anymore, if I use Napster, no one is deprived of anything. They're so completely different, not only are they in different ballparks, they're playing a different game.

      Here's a hint: Why do you think shoplifting is considered stealing? Is it because you're taking a CD? No, the store didn't make the CD. They don't care about the actual merchandise. It's because you're taking a CD and not paying them for it.

      So guess what? Downloading music, without paying for it, it still stealing. Your silly "ballpark" nonsense doesn't fly. Honestly, the fact that so many Slashbots miss this simple concept really amazes me, but because downloading pretty much anything they want has been so convenient for so many years, they've all justified it in their minds.

      Next.

      --
      "Sufferin' succotash."
    23. Re:Shawn Fanning was heroic? by moncyb · · Score: 4, Insightful

      Theft, fraud (hiring someone then not paying), and copyright infringment are three different things. They require different methods of enforcement, and different levels of punishment. If I copy some of my CDs onto my hard drive so I can play them in any order I want, the RIAA may say this is "theft", but I didn't steal anything. If I play CDs on an anti-skip player and I don't pay the RIAA for "RAM buffer copies", I didn't steal anything.

      Ah! So, just because someone has a lot of something, that gives you the right to take some of it, because they "won't notice it"?

      Here is an example of why this line of thinking for copyrights is absurd:

      Lets say some bloke writes a song with the phrase "my dog fell down and he can't get up." Let's call him Dogman. The song becomes a #1 hit. In certain situations, people start using the phrase. After a while, Dogman decides using this phrase is "theft", and everyone who does so should pay him $1 each time. Would you pay Dogman just for the "right" to utter a stupid phrase? What if your dog really did fall down and couldn't get up? Should you have to pay so you could tell people?

      Yeah, my examples are more marginal than sending copies to 10,000 of your closest "friends". The point is the RIAA uses the term "theft" as newspeak to increase the range of copyright laws. Mass redistribution of music is "theft". Then any CD to tape (or CD) copying is "theft". Then storing your CD on a hard drive for convenience is "theft". Then any sort of "RAM buffer copy" is "theft". Then, any use of any words in any song is "theft".

      I think the "information wants to be free" whackos are...well...whackos. If "information" is talking to you, or you think "information" has desires like a sentient being, then you really need to see a doctor. But it doesn't mean everything they say is wrong.

    24. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1

      You are using the letter of the law to violate the spirit of the law.

      Here's a test I guarantee you can't equivocate: call up the RIAA legal counsel, tell them that you've just downloaded a copyrighted piece of music without paying for it. Give them your name, your address, and your phone number, and dare them to prosecute you.

      If you've done nothing wrong, you have nothing to fear, right?

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    25. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 2, Insightful

      Nobody has the right to a business model.

      I couldn't agree more. However, the method to combat this business model is to boycott their products. By stealing their product, you are intrinsically admitting that their product has value (at least to you), otherwise you wouldn't do it. You have obtained something of value, yet have given nothing of value in return. This is a one-sided transaction no matter how you look at it.

      If the artists don't get the money I would have paid -- boohoo, they can always get a real job or find some other way to make money

      Would you listen to yourself for a minute? Can you grasp exactly what you just stated? Imagine for a minute that you were the person with the valuable commodity (say, your programming skills). You have just advocated that people have a right to your skills to use however they see fit, and you have absolutely no right to demand any recompense for it. That's beatiful! I'd love to have you working for me, since I'd never have to pay you!

      Most talented artists don't make music for the money anyway.

      That's a pretty big generalization. I'm sure interviewed all these artists and they responded in this fashion, right? Of course you didn't.

      Regardless of whether they'd do it "for the money" or not, the point is it takes money to live. Without money you have no food, clothing, or shelter. Even musicians who compose because they love music must have a regular job to pay the bills. Professional musicians have devoted their lives to their music in lieu of a typical job, and you have no right whatsoever to pass judgement on the rightness of their choice -- it is their liberty to do what they like, just as it is your liberty to not partake of their product.

      Sure, it is illegal to copy copyrighted stuff. But it is not immoral

      That has got to be the most twisted, abhorrent, ridiculous statement I've yet to see in this argument. What you're proposing is tantamount to saying that no one has any rights to recompense for their works unless you say so. What arrogance you display!

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    26. Re:Shawn Fanning was heroic? by tycheung · · Score: 1

      Regardless of how much is copied or not, producers, sound engineers, techs, coffee gophers and all those people involved in the production get paid the same amount of money - i.e. the amount stipulated in their contracts or salaries. Copying can reduce the amount of royalties artists make if their contract includes such, but this is extremely, disproportionately low compared with the take the record companies keep for themselves (and who probably withold a lot than their share more through various accounting and red tape tricks). A lot of the artists are forced to sign restrictive, exclusive contracts that limit who and where they can perform or record, such that you can argue that the RIAA record companies are stealing from the artists more than MP3 copiers are, in terms of unfavorable contracts, career limitations, and so forth. Also, as the product is disproportionately overpriced compared with actual worth, the copying phenomenon on a macro scale can be seen as a natural equalizer of CD prices to proper market value. Also, the licensing terms are not really prominently displayed to the consumer as they buy the CD, such that it may be reasonable to assume that consumer considers a CD purchase as the purchase of the physical material, with which he or she may do as he or she pleases. Any attempts to hold the consumer to a license, i.e. a contractual agreement, that he or she was not required to read or sign can be seen as an attempt to enforce a contract of adhesion and therefore, illegal.

    27. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1

      pigopolists...Asses of America...law is now the embodiment of the will of the corporations...our government is the best that money can buy

      Nope, no built-in bias there, nosiree. You do realize that these statements sound pretty damn close to things Josef Stalin (a great humanitarian if there ever was one) just a few decades ago.

      it is obvious that there is no morally justifiable reason for the state of copyright law as it is today.

      What arrogance! My God, how can you keep a straight face and say that? Just about everything you see around you is the result of a system based on compensating people for their efforts, thoughts, and inventions. You can get a certain amount of altruism from humanity, but you cannot count on it. You can, however, always count on people to do things that will benefit them. Who are you to judge the morality of a system that have so benefitted from?

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    28. Re:Shawn Fanning was heroic? by Nathan+Ramella · · Score: 1
      That's funny. I make a good point, stir up some interesting debate, and my post is modded -1. I guess the moderators were so busy downloading mp3s they didn't spend the time to think about my post. ;)

      -n

      --
      http://www.remix.net/
    29. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0
      Here's a test I guarantee you can't equivocate: call up the RIAA legal counsel, tell them that you've just downloaded a copyrighted piece of music without paying for it. Give them your name, your address, and your phone number, and dare them to prosecute you.

      And when they prosecute you, it will be for copyright infringement, not theft.

    30. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0
      So if I hire you and allow you to work for me for two weeks, but then deny you a paycheck, I haven't stolen anything from you, have I?

      No, that's fraud, not theft.


    31. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1

      You are correct, but the gist of the prosecution will be the same: you took something that has value, and you didn't pay the required fee for it. Messing with the diction doesn't change the overall fact that you're doing something that is morally reprehensible.

      It's like arguing that you didn't murder someone, instead it was manslaughter, or negligent homicide. The end results are the same: someone is dead, and you had something to do with it. Only the punishment differs.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    32. Re:Shawn Fanning was heroic? by theLOUDroom · · Score: 1
      Actually he's right, and you....are not.

      Downloading music, without paying for it, is copyright infringement. It is not theft. It just isn't. Look up the definition of theft. In order to commit therf, or steal something, you must deprive someone of property.

      You loose. End of story.

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


      You can talk about what the store cares about all you want, but that doesn't change the law or the defintion of theft.

      BTW, people should feel as bad about "stealing" from RIAA members, as they should the mafia. Do you have any idea how badly they screw over both consumers and artists? Have you conveniently forgotten that the RIAA's members were recently convicted of price-fixing? This by your logic, is probably theft too. In your fantasy-land they should all already be in jail. After all, they "stole" $5 from everyone who bought a CD.
      --
      Life is too short to proofread.
    33. Re:Shawn Fanning was heroic? by sheddd · · Score: 1
      I was arguing semantics, not law.

      Language is important; I was trying to correct the parent for poor language use.

      By creating buzzwords and associating 'bad' words with an act, the establishment can sway public opinion. Consider 'pirate', 'thief', etc... they sound much worse than 'copyright infringer'.

    34. Re:Shawn Fanning was heroic? by Jah-Wren+Ryel · · Score: 1

      Nope, no built-in bias there, nosiree

      My use of terms such as pigopolist and Asses of America are not prejudegements, but the result of judgement. I have evaluated their actions and based on their behaviour I choose to call them by names more befitting their actions. Just as the PATRIOT Act is extremely anti-patriotic, the names these organizations would prefer to be called by are, judging by their actions, completely inappropriate.

      As for the Stalin comment, perhaps you could provide some supporting evidence instead of playing Godwin brinksmanship.

      What arrogance!

      Bullshit. If anyone is arrogant here it is you for not bothering to read what I wrote, nor even the small part of it that you quoted. Judging by the rest of your comment you seem to be under the mistaken impression that I am arguing against the validty of copyright. I made no such claim. What I did claim, and you even quoted it, is that because of the way that corporate money has perverted the US government to no longer be the voice of THE PEOPLE that the current STATE OF COPYRIGHT LAW AS IT IS TODAY is not morally justifiable.

      The social contract of copyright as first implemented by the Federal goverment is at least morally justifiable. What exists today is no longer a contract, it is as close to a royal imposition as you can get in America. If you are unfamiliar with the original terms of the social contract and how they have been twisted so that they no longer serve the public good, then frankly you are not qualified to comment on the state of affairs as they exist today.

      But as the .sig said - "Perposterous" -- you would have to work pretty hard to top the illustration you just gave of that theory at work.

      --
      When information is power, privacy is freedom.
    35. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0

      You quote dictionary.com in your post, yet you write "loose" when you should have written "lose".

      Loser.

    36. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0
      It's like arguing that you didn't murder someone, instead it was manslaughter, or negligent homicide. The end results are the same: someone is dead, and you had something to do with it. Only the punishment differs.

      Actually this is a good example. It's like calling all takings-of-life, "murder" (though I wonder if you'll see the point). Self-defense is murder, abortion is murder, accidents are murder, war is murder, pre-meditated murder is murder. But there are different types of takings-of-life, that's why there are different names; manslaughter, negligent homicide, etc.. Calling them all murder oversimplifies and obscures actions, motives and intents with an emotion-laden label.


      Similarly, calling all takings-of-value, "theft", oversimplifies and obscures the type of taking-of-value with an emotion-laden label. Copyright infringement, fraud, and theft-of-physical-property are all types of takings-of-value, and are all treated differently under the law.


      For example, one might say that you have "stolen" my time to respond to your post, I might say that I have merely wasted it.


    37. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0
      That's right, you stole it. You now have something you didn't have before, and you didn't pay for it.

      While there are somewhat valid arguments for claiming unauthorized copying is stealing, this one is just stupid. Let's apply your logic for couple of cases:

      • I wrote a new computer program (which I'be been known to do), that does something similar to an existing commercial product (or sometimes not yet existing). Now I have something I didn't have, and dang, I didn't pay for any of them. What exactly did I steal? An idea?
      • I read a recipe that allows me to cook a tasty meal. I didn't have that knowledge before. Must have stolen something! Worse, I go and apply that knowledge. Am I now guilty of hiding stolen property?
      • I hear a tune (on radio, TV, whatever), and play it on keyboard. Perhaps I even sing along. Didn't know the song before, now I do. What did I steal?

      What can be said is that unauthorized copying potentially removes an opportunity for economic gain by one party. According to copyright law, it is a crime. There are similarities to stealing, in that consequences may be similar (artist / publisher / record company does not get money for the work), but that does not automatically mean it is to be considered same thing.

    38. Re:Shawn Fanning was heroic? by nehril · · Score: 1

      it's useless to argue with trolls like alienw. they want music, they want it for free, and they dont care what it cost to produce. they dont even care that "stealing" it will ultimately lead to less music being made.

      they'll spend any amount of intellectual effort to justify to themselves why they should take for free what others have paid to produce. these are also the same people who view ads on their favorite website as a personal atrocity to be fought with all possible means.

      save your breath.

    39. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0

      If a TV studio pays 5 cents per viewer to broadcast something, I am willing to pay 6 cents to download it without the commercials.
      The fact is there is some hefty resale price maintenance going on by limiting formats and availability.
      There is a tenant of basic law, that you have to have clean hands to seek the protection of the law.
      Also many are indignant, when they own the CD, and just want to download what they OWN. That phoney logic would make VCR users criminals.
      I once boughy a scatched CD, and the store refused to do anything, as did the distributer. What happened to this breakage tax.
      Lets have these refusal to supply laws tested.

    40. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0
      "You are enjoying the fruits of someone else's labors, namely that of the artist, the producer, the sound mixer, the recording booth operator, the marketing company, and all the secretaries, managers, and janitors that work for the above companies"

      While I can understand the artist's position, I think the producer, sound mixer, recording booth operator, marketing company people, managers, and especially the secretaries and janitors need to negotiate a new contract, preferably one where they get paid either by the hour or on a salary basis, rather than on a royalty-basis.

      Seriously, this whole attempt that I constantly see in this discussion to bring it down to "the level of the common man" disgusts me. "You evil music traders are even stealing from the poor old janitor". Get real. The janitor did his job, collected his paycheque, and doesn't give two shits whether you buy the CD or not.

      You sound like the type of person who actually believes -- like Jack Valenti does -- that watching a movie on television but going to the bathroom during the commercials is "stealing".

    41. Re:Shawn Fanning was heroic? by Sunnan · · Score: 1

      Earlier posts are generally modded higher than later posts. No crack needed.

    42. Re:Shawn Fanning was heroic? by Nathan+Ramella · · Score: 1
      Heh. Have you ever produced any work that contained intellectual property? A term paper? Written a book? Wrote songs that ended up on a CD?

      Is this a foreign concept for burger flippers and back-hoe operators?

      People who produce music and try to sell it are basically betting that their music is good enough to win market share and provide them with supplimental or hopefully primary income.

      If you want a bunch of music that's untested and unfiltered by big record labels, then go to mp3.com and download a bunch of mp3s recorded in people's basements who want to give their music away for free.

      If you want the new 50 Cent album and you download it rather than pay for it, then, well, that's stealing his intellectual content.

      It doesn't matter if you're making an exact duplicate of his work and 'he won't miss it'. It doesn't matter if you wouldn't have bought it anyway, it wouldn't matter if you claim you're not stealing it.

      Napster deprived record labels and artists (but mostly record labels) of the money they would have otherwise recieved in a world where p2p fileswapping didn't exist.

      And just because you don't respect the RIAA, or the record label doesn't give you the right to steal.

      So, here's a hint for you. You can't rationalizing your way through your life, take responsibility for what you steal, or go buy it. Just stop hiding behind such a weak argument.

      Napster was a revolutionary idea because it made p2p file sharing the easiest that any package had ever done up until it was released. But trading copyrighted material without the copyright owners permission is STILL stealing.

      --
      http://www.remix.net/
    43. Re:Shawn Fanning was heroic? by Thalaric · · Score: 1

      "Information wants to be free" is just an catchy tag line. Its not supposed to suggest that information has a mind and itself talks. Only that information/knowledge exibits an inherent trend towards not being controled.

    44. Re:Shawn Fanning was heroic? by moncyb · · Score: 1

      Obviously, you've never been in Soviet Russia! ;-)

    45. Re:Shawn Fanning was heroic? by Thalaric · · Score: 1

      I think you're over simplifying. Conceptually knowledge 'exists'. So regardless of whom you do or don't tell, someone might just discover it anyway.

      So then the idea of controlling ideas/knowledge/information turns out to be an illusion based on the act of supressing those unfortunate enough to know them.

      A good example of this could be Ray Bradbury's Fahrenheit 451, in which books are a controlled substance, but the people have memorized them anyway. Some control that.

    46. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1

      Seriously, this whole attempt that I constantly see in this discussion to bring it down to "the level of the common man" disgusts me. "You evil music traders are even stealing from the poor old janitor". Get real. The janitor did his job, collected his paycheque, and doesn't give two shits whether you buy the CD or not.

      Ah, it never ceases to amaze me at how close someone can come to the truth, yet miss it so badly. Your pathetic attempt to make it seem like the "common man" working at the recording company is paid directly via royalties is inane and stupid, and I'm sure you know that. In fact, those people are paid by the company, and the company is paid by the royalties. Ergo, if the company doesn't get paid, the employees get laid off. Even your simplistic brain should be able to understand this rudimentary concept, but instead I'm sure you'll ignore it and continue to function in your blindered, logic-free world.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    47. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1

      I wrote a new computer program (which I'be been known to do), that does something similar to an existing commercial product (or sometimes not yet existing). Now I have something I didn't have, and dang, I didn't pay for any of them. What exactly did I steal? An idea?

      If your implementation is based on the copyrighted works of someone else (i.e. copying) then you've stolen someone else's works and are fraudulently putting them forth as your own. If you've clean-roomed your design then you've made a new creation. Congrats! It's now yours to either give away or charge for...just like anybody else who makes software.

      I read a recipe that allows me to cook a tasty meal. I didn't have that knowledge before. Must have stolen something! Worse, I go and apply that knowledge. Am I now guilty of hiding stolen property?

      You're getting sillier here, but I'll continue for the sake of your sanity. If you remember the recipe and use it, that's your good fortune. If you memorize the entire recipe book and attempt to publish your own version, you've violated copyright law and should be punished. Remember this phrase: all of life does not fit neatly into black or white...there are gray areas...concentrate and it might just penetrate your skull a bit.

      I hear a tune (on radio, TV, whatever), and play it on keyboard. Perhaps I even sing along. Didn't know the song before, now I do. What did I steal?

      This is a perfect example of "fair use" copyright law. You have rights to remember the song, to hum it, sing it, and so forth. You do NOT, however, own the song. It is not yours to distribute as you will simply because you can remember a tune. Again, this falls underneath the aforementioned gray area of how intellectual property laws work. You're attempting to confuse the issue by making up some otherwise easily explainable situations. You have not proven one iota with regards to how illegal music sharing is a moral endeavor, and I doubt that you can.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    48. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

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

      Then copying is stealing, because you're intentionally depriving them of money.

      Any other brain-busters?

      --
      "Sufferin' succotash."
    49. Re:Shawn Fanning was heroic? by theLOUDroom · · Score: 1

      Then copying is stealing, because you're intentionally depriving them of money. Any other brain-busters?

      Nope, that doesn't work.

      Give me five dollars.

      By your logic, your refusal to give me money is stealing.

      You see, you can't just decide to just ignore the rest of the definiton and use the one word from it that you can twist to make it say what you want. You should note the prescence of the words taking and removal. These are part of the definition. You can't just ignore them at will, unless you're planning to ignore the meaning of the word theft, and therefore be wrong. If someone downloads an MP3 off the internet, nothing the record company owns disappears.


      Here's that defintion again:
      The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.

      --
      Life is too short to proofread.
    50. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

      Nope, that doesn't work.

      Yes, it does. You've just been hanging too long around your IRC Undernet buddies who've grown up with mp3s being freely available and convenient.

      Give me five dollars.

      By your logic, your refusal to give me money is stealing.


      No. It is not illegal for me to refuse to pay you five dollars.

      It is illegal to obtain a product without paying for it without consent of the creator. This is insanely simple; do try to keep up, okay?

      You see, you can't just decide to just ignore the rest of the definiton and use the one word from it that you can twist to make it say what you want.

      I twisted nothing. You're just upset I devoured your argument with your own words.

      You should note the prescence of the words taking and removal. These are part of the definition.

      Someone downloading music without paying for it is taking potential payment. I'm amazed you are unable to conceptualize this.

      You can't just ignore them at will, unless you're planning to ignore the meaning of the word theft, and therefore be wrong. If someone downloads an MP3 off the internet, nothing the record company owns disappears.

      Again, you are depriving them of payment you are legally supposed to be giving them. Therefore, you are stealing their sales.

      Shoplifting is an offense because you take merchandise without paying for it. Not because you're taking merchandise. It's the non-payment that is the operative point. As is the case here--you are obtaining music you should be legally paying for, but you aren't. Therefore, you are stealing. The medium for reproduction of the merchandise doesn't matter. You are obtaining the product and not giving them the money they are owed, and are therefore stealing from them.

      Here's that defintion again:
      The act of stealing; specifically, the felonious taking and removing of personal property, with an intent to deprive the rightful owner of the same; larceny.


      Let me make this absurdly clear for a simple-minded Slashbot cronie like yourself who believes information should be free if you can't afford it.

      When you grab music you are normally supposed to pay for, that changes the balance so that you now have something they made which must be paid for. It has value. You are depriving them of compensation for this value. Because of this, they are not being paid the money they are owed; in fact, you are withholding it from them. You are stealing from them because you are not giving them what you legally owe them, which in this case is payment for the music you obtained.

      You can quote dictionary.com all day, but it will never change the fact that you are wrong and refuse to admit it. Next.

      --
      "Sufferin' succotash."
    51. Re:Shawn Fanning was heroic? by theLOUDroom · · Score: 1

      You can quote dictionary.com all day, but it will never change the fact that you are wrong and refuse to admit it. Next

      And I suppose dictionary.com is wrong too?

      Just because you like to conceptualize something as theft, doesn't make it theft.

      It is illegal to obtain a product without paying for it without consent of the creator. This is insanely simple; do try to keep up, okay?

      Obviously, dumbass. What it is not, is theft. You loose. It's copyright infringement, not theft. Are you really so incapable of understanding this?

      Let me reiterate one more time:
      Downloading MP3s is copyright infringement, not theft.

      I'm right, you're wrong. illegal!=stealing
      What's so damned hard about this concept?


      Let me break it down very simply:
      Murder is illegal.
      Theft is illegal.
      Copyright infringement is illegal.
      Murder, theft and copyright infringment are all different crimes.

      Get it now?

      You can try and say murder is theft because it's "taking" someone's life, but you'll just be wrong. Just because you can make an analogy between two things, does not mean they're equivalent. Try to work on your reading comprehension skills a little. I never said that copyright infringement wasn't illegal, only that it wasn't theft.

      Information wants to beat you with a cluestick.

      --
      Life is too short to proofread.
    52. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

      And I suppose dictionary.com is wrong too?

      No, it's right. In fact, I used the definition you gave to clobber your point. Next.

      Just because you like to conceptualize something as theft, doesn't make it theft.

      Actually, it's more like simply because you refuse to admit you were wrong and that you are a thief for stealing music, doesn't mean it's not true.

      Obviously, dumbass. What it is not, is theft. You loose. It's copyright infringement, not theft. Are you really so incapable of understanding this?

      Apparently, you are incapable of the simple concept of stealing profits. Next.

      Let me reiterate one more time:
      Downloading MP3s is copyright infringement, not theft.


      It is copyright infringement and theft. You are stealing profits. You are withholding payment. When you obtain their music, the money you owe them becomes their money legally. You refuse to give it to them. You are stealing.

      I'm right, you're wrong. illegal!=stealing
      What's so damned hard about this concept?


      I didn't say illegal equated to stealing. Nice straw man.

      Let me break it down very simply:
      Murder is illegal.
      Theft is illegal.
      Copyright infringement is illegal.
      Murder, theft and copyright infringment are all different crimes.


      I didn't say otherwise. Nice straw man.

      Get it now?

      You are obviously a disgruntled mp3 thief attempting to justify your actions.

      You can try and say murder is theft because it's "taking" someone's life, but you'll just be wrong.

      To be honest, I hadn't even thought of that, but you are right. Murder is also theft in a much more heinous form.

      Just because you can make an analogy between two things, does not mean they're equivalent.

      I'm not making analogies. You are stealing their profits. Next.

      Try to work on your reading comprehension skills a little.

      Nice, a baseless insult out of left-field. Your argument is even more diminished.

      I never said that copyright infringement wasn't illegal, only that it wasn't theft.


      You and I both know it is theft.

      Information wants to beat you with a cluestick.

      To cap off your stupidity, you use the tired "cluestick" phrase. Next.

      --
      "Sufferin' succotash."
    53. Re:Shawn Fanning was heroic? by theLOUDroom · · Score: 1

      Apparently, you are incapable of the simple concept of stealing profits. Next.

      Wow. This is getting pretty amusing. You just don't get it still.
      You have no grasp of the law do you?
      Stealing profits would be either embezzlement or theft.

      But guess what? You're talking about potential profits. They're not real. They're all in your head. Unfortuately for you, something has to actually exist first for you to steal it.

      I was really serious. You should work on your reading comprehension skills. Let's see if you can comprehend the concept of potential vs. actual profits. My hopes aren't very high.

      You and I both know it is theft.

      Nope. You think it's theft, but I know better. Copyright infringement is much closer to patent infringement or plagiarism.


      It's also pretty funny how much space you waste calling be a theif. Since I pointed out the criminal actions of the RIAA's members, I must be a criminal myself right?

      At this point I'm just wondering how far out into never never land your half-assed logic will get you. I wonder if you'll start saying copyright infringement is murder because profits are being "killed". Or maybe it's assault on profits? Rape maybe? Abortion of profits?

      Oh shit! I got it.....it's terrorism!

      I tell you what, you get bonus "what planet is this guy from points" if you'll explain to me why copyright infringement is ursury.

      --
      Life is too short to proofread.
    54. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

      Wow. This is getting pretty amusing. You just don't get it still. You have no grasp of the law do you?

      Cleary, I do.

      Stealing profits would be either embezzlement or theft.

      Correct.

      But guess what? You're talking about potential profits. They're not real.

      Your obtaining of the music means you have obtained music you would have otherewise paid for. It is real that you did not pay those profits.

      They're all in your head. Unfortuately for you, something has to actually exist first for you to steal it.

      You need to research the law. Also, common sense and morality. By illegally taking music, the amount of money it would have taken for you to obtain that music now belongs to the owner of the music. The money you are withholding from them is very real.

      I was really serious. You should work on your reading comprehension skills.

      I am obviously striking a nerve with you.

      Let's see if you can comprehend the concept of potential vs. actual profits. My hopes aren't very high.

      The money you are withholding is very real. If you download a CD without paying for it, $18 is sitting in your wallet that belongs to the owner.


      It's also pretty funny how much space you waste calling be a theif. Since I pointed out the criminal actions of the RIAA's members, I must be a criminal myself right?


      What criminal actions did you point out? What do they have to do with the illegality of stealing music? As usual, Slashbots bring up unrelated arguments in a desperate attempt to "win" when they are losing the discussion.

      At this point I'm just wondering how far out into never never land your half-assed logic will get you. I wonder if you'll start saying copyright infringement is murder because profits are being "killed".

      Another tact of the intellectually weak and desperate. Make absurdities that have nothing to do with the argument at hand. Of course I wouldn't argue copyright infringement is murder. My position is based in actual fact.

      Or maybe it's assault on profits? Rape maybe? Abortion of profits?

      Keep digging.

      Oh shit! I got it.....it's terrorism!

      There. You've reached the bottom.

      I tell you what, you get bonus "what planet is this guy from points" if you'll explain to me why copyright infringement is ursury.

      "Ursury?"

      Yet another tact of the desperate is to try to steer the argument away from their weak position. Not gonna happen. You and I both know I am right.

      Next.

      --
      "Sufferin' succotash."
    55. Re:Shawn Fanning was heroic? by theLOUDroom · · Score: 1

      Man, I was really hoping you'd indulge me with the ursury thing.

      You're getting pretty boring. You make obviously wrong assumptions in ever single post, Like this:
      Your obtaining of the music means you have obtained music you would have otherewise paid for.

      And, as I expected, you once again fail to recognize the difference between potential and actual profits.

      What do they have to do with the illegality of stealing music?

      Blah, blah, blah. that's not what were agruing.


      Well, looks like you've accepted the reality the copyright infringement is illegal, but not theft.

      Now that we're done with that, maybe you can explain why you seem to have no issues about libel at all...

      --
      Life is too short to proofread.
    56. Re:Shawn Fanning was heroic? by Overly+Critical+Guy · · Score: 1

      Do you know what a troll is?

      --
      "Sufferin' succotash."
    57. Re:Shawn Fanning was heroic? by Anonymous Coward · · Score: 0

      So what you're saying is that downloading music is theft, but it's just petty theft, so therefore it's okay.

      Great! I can't wait to try that one out in front of a jury.

    58. Re:Shawn Fanning was heroic? by prisoner-of-enigma · · Score: 1

      The point that you're trying to make is that it's immoral to enjoy the fruits of someone's labor without compensating them for it. That's true. However, as Ronald Coase posits in his economic theory of externalities, a victim is rarely a simple innocent bystander. Most victims have put themselves in a situation where they will be victimized

      So, what you're essentially saying is that if a woman dresses in a provacative dress and goes into a seedy part of town, she deserves to raped because she "put herself in a situation where she could be victimized"? My God, it's amazing that you can come to such a conclusion and think yourself to be a logical person. You're putting forth that if someone puts themselves in a position where they might be victimized, it's perfectly already to go ahead and victimize them because, hey, they put themselves into the situation! Gosh, your honor, murdering that cheating husband isn't immoral, he put himself in a position where I felt the need to murder him! This is the ultimate in the "blame the victim" mentality that so pervades the unthinking Left. And no wonder, because it allows you to justify any behavior that you like by claiming that the other guy is at fault. Must be nice to live in your world where everything you do is good and noble, no matter what the consequences are to anyone else.

      Sorry, but that's a poor example.

      Really? How? Your argument does not dispell the concept of copyright laws at all. Instead you simply sweep the whole thing under the rug by saying "there is no implied contract", when all copyright law, consumer law, and criminal law in existence says the opposite. Music companies demand to be paid for their music. If you don't pay, you don't get the music, it's that simple. You can equivocate all you want on the subject, but in the end, if you dismiss the fact that the copyright owner has the right to control his or her works, you're just flat wrong.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  13. Who is everyone? by kidlinux · · Score: 4, Insightful

    I thought Napster was bloody awful.

    Audiogalaxy was far superior in every way. It's a damn shame they got shut down. I think AG's model and design is the best starting point for the music industry to get into a paid-for music downloading service.

    Unlike Napster, it just worked. I didn't have to sit around to make sure the download started and that I didn't get cut off, and I didn't have to find other sources. I just queued up as many tracks as I wanted, and AG made sure I got them.

    --
    -kidlinux.
    1. Re:Who is everyone? by black+mariah · · Score: 5, Insightful

      Amen. I would be WAY more than willing to shell out $20 a month to have AG running the way it used to. The fact that it was "set and forget" was the best thing going for it. I never liked Napster either, but AG did it right. Too bad the record companies are too stupid to see a VIABLE SOURCE OF INCOME when they see one. Dipshits.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    2. Re:Who is everyone? by Afrosheen · · Score: 2, Insightful

      My favorite thing about AG was that it had a nice little linux shell client that worked alongside the web interface. You're right, it just worked and it worked well most of the time.

      giFT, Kazaa, Shareazaa and all the bullshit these days is a test of patience.

    3. Re:Who is everyone? by bakawally · · Score: 2, Interesting

      Audiogalaxy was doomed to failure from the start though. It used their website to show which files were available. In essence it ended up becoming a warez site.

    4. Re:Who is everyone? by NanoGator · · Score: 4, Interesting

      "men. I would be WAY more than willing to shell out $20 a month to have AG running the way it used to. The fact that it was "set and forget" was the best thing going for it. I never liked Napster either, but AG did it right. Too bad the record companies are too stupid to see a VIABLE SOURCE OF INCOME when they see one. Dipshits. "

      For $10 a month you could use Listen.com. As long as ya pay that, you have access to any song of their library. plus playlists etc. It's like a server-side MP3 locker, only they're all there. Click a song and you're listening to it within moments instead of having to wait for it to download. (then it caches so it's not like you go through that every time...)

      Not a bad deal. It's not quite perfect in that you don't get to keep the compressed version and it's Windows only. Oh well, it's not for everybody. Still, $10 is less than one CD per month.

      I'm thinking about writing up a review of it for Slashdot, but I'm concerned about whether there'd be any interest in it.

      --
      "Derp de derp."
    5. Re:Who is everyone? by TheOnlyCoolTim · · Score: 1

      You can fix that problem with a little bit of wire or software that comes with some sound cards.

      Tim

      --
      Omnia vestra castrorum habetur nobis.
    6. Re:Who is everyone? by Anonymous Coward · · Score: 0

      AG sucked ass, it was a pain in the ass to search for specific bitrates, and viewing others files. napster was superior in everyway compared to AG. you have no clue......

    7. Re:Who is everyone? by CvD · · Score: 1

      Try Overnet. They have a Linux client, they have set and forget. They have file hashes, multiple source downloading. They have very good file indexes from which you can get your MD4 hashes (you basically paste the hash into your client, and it merrily goes and gets the file from various places).

      Overnet is the new serverless eDonkey client. The eDonkey network was not scalable because it relied on centralized servers (anyone could run a server, but it was centralized all the same). Overnet has no such problems and it works fantastically.

      Have fun!

      Cheers,

      Costyn.

    8. Re:Who is everyone? by Anonymous Coward · · Score: 0

      sounds pretty shitty to me. Only stuff in their library and you don't get to do what ever you want with what you download? Whoop-de-fucking-do. If you can't rip it and listen to it in the car, what's the point? Oh, I feel like listening to music...I'll just go sit in front of my computer until I've had enough...OK, that's enough. Don't even get me going on the windows only part either.

  14. Information wants to be free. Please post CC#. by glrotate · · Score: 1

    Or something.

    1. Re:Information wants to be free. Please post CC#. by arodland · · Score: 1

      Information doesn't want to be free, and RMS really should be regretting his unfortunate choice of words by now.

      But the _truth_, and what he hopefully meant, was that you can either keep information to yourself, or you can give it away, but you can't have your information and eat it to.

      Copyright is a farce; the GPL was designed specifically to be a tool to use copyright to subvert copyright. Hence "copyleft".

      But the real point is that if you give bits away, you can't pretend to still have control over them. A lot of software companies need to learn this, as do a lot of record labels, publishers, and a whole host of other people.

      Someday things will settle down. Today is not the day.

  15. Napster made one huge change in P2P by Anonymous Coward · · Score: 0

    Look, Napster didn't do much that Hotline didn't already do.

    It added two things.
    1. A single worldwide tracker instead of having to know an entry point. This meant that everyone saw everything. This had its good and its bad.
    2. It made everyone's machines look like a single machine. On Hotline, once you found the stuff you wanted, you still had to connect to the server which had it.

    See article on what was going on in 1998.

    Wired article on Hotline

    1. Re:Napster made one huge change in P2P by Anonymous Coward · · Score: 0

      There were no good ways to search hotline, napster had it beat there. Hotline went downhill when people started trying to get you to sign up for porn sites to get access to their files. Oh well, it used to be neet. Carracho is mostly where it's at now, for macs anyway.

      (This comes from somebody who co-admined omnimac.ml.org and knew most of the big red h guys and the author of hx personally. I really do miss the old days of hotline.)

    2. Re:Napster made one huge change in P2P by Anonymous Coward · · Score: 0

      Hotline was basically nothing more than a FTP server, dumbed down for Mac users. Technically, it was entirely disinteresting.

    3. Re:Napster made one huge change in P2P by Anonymous Coward · · Score: 0

      Are you kidding me? What FTP server do you have with chat news and messaging?

      Hotline was cool in the begining. Then the masses came and leeched. Admins got annoyed, and now everything is private or slow. Hence, HL DIES. Technically disinteresting I suppose.

      dumbed down for mac users = you're a dumb ass.

  16. John Carmack's Ferrari on eBay. by Anonymous Coward · · Score: 0

    http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?Vi ewItem&item=2411725682&category=6212

  17. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  18. No, mp3/oggs still an issue by 0x0d0a · · Score: 1

    Frankly, Napster was about as harmful as radio.

    Except that radio provides a wildly different service than Napster does. When it can feed you high-quality audio pre-broken up into tracks, where the DJ doesn't speak at the beginning and end of the track with the CD and track information inserted, and gives you whatever specific track you might want on demand *then* radio is comparable to Napster. Napster is far more able than radio to replace a CD purchase.

    If people were using Napster to save money, then how come $400 iPods are popular? $400 buys you a pretty good number of CDs.

    Not an argument that Napster didn't decrease CD sales:

    * You're assuming that a significant percentage of mp3/ogg listeners own iPods. This is, in my experience, false.

    * mp3/oggs provide some nice features that CDs don't. Portability, custom mixes, ease of obtaining a given song, etc, which could be worth a portion of those $400. That doesn't legally justify infringement against the copyright owners, and *does* produce lost CD sales.

    * Marketing. The iPod had a *lot* more money put into marketing it than a CD does. People make irrational purchasing decisions all the time based on marketing.

    * Gift-giving. It's fairly reasonable to assume that a lot of piracy goes on when people don't want to drop another $15 at the store...but people give gifts at birthdays, anniversarys, and Christmas. Since the gifts are going to be given anyway, a $400 iPod at a holiday can be more attractive than a series of $15 CD purchases on ordinary days.

    * The psychology of large-ticket item purchasing is very different from that impulse items.

  19. Re:Good technolgy, bad children by Anonymous Coward · · Score: 0

    WinMx is a zillion times better than Napster. Cut off on head, seven spring from the stump.

  20. nice circular logic there. by Vitriolix · · Score: 1

    to paraphrase you: its theft because you stole it.

    what beautifully circular logic. just because the law saws something doesnt make that moral, right or rational.

    walking by a car that is blasting the latest p. diddy song is "enjoying the fruits of someone else's labors" without paying them for the priveledge, and to call that theft is laughable. downloading an mp3 bears much more resemblance to this example than taking a piece of property from someone.

    i have never seen a convincing arguement that aquiring information is theft, because its an impossible argument. theft implies the deprivation of something, and information can be copied infinitely to only gain.

    stretching the laws of physical property to ideas is so rediclously flawed.

    1. Re:nice circular logic there. by prisoner-of-enigma · · Score: 1

      walking by a car that is blasting the latest p. diddy song is "enjoying the fruits of someone else's labors" without paying them for the priveledge

      That falls under the realm of something you can't avoid, and you have no active control over not hearing the music. If you choose to be within aural range of the music and don't wish to wear earplugs, you have to hear it. You don't have a choice in the matter.

      Copyright law acknowledges these circumstances under the guise of "fair use", and it's very well documented what you can and can't do. You can play something for yourself or a group of friends. You cannot, however, make a copy for your friends for them to enjoy outside of your listening pleasure. You can give them your copy, but then you no longer have it. You can make a copy, but only for your own pleasure and only so long as you retain the original without giving it to someone else.

      have never seen a convincing arguement that aquiring information is theft, because its an impossible argument. theft implies the deprivation of something, and information can be copied infinitely to only gain.

      Okay, how 'bout this. My company spends billions of dollars researching a cure for cancer, and we find it. That information now has incredible value, both because it's in high demand and because it cost billions of dollars to discover the cure. In your pathetic little mind, however, that information should be "free", right? Okay, you've just removed the primary motivation to find the cure in the first place. Bang! No more cure! Why bother researching ANYTHING anymore (faster processors, better food, space travel) when there's no way you can ever recoup your costs for it?

      Music is no different than any other form of "creative" endeavor. The artist/scientist/researcher has created/discovered something that wasn't there before. If no incentive exists for people to do these things, they won't be done. Like it or not, money is a powerful incentive.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    2. Re:nice circular logic there. by Anonymous Coward · · Score: 0

      The incentive to create has never been driven by money. People actually SPEND money to learn how to create, just for the satisfaction of creating.

      Do you think everybody who buys a guitar expects to become a musician able to recoup the costs?

      Money is an incentive but not the only one or even the highest one.

      Because someone chooses to invest millions of dollars into making a few minutes of sound does not make me obligated to pay for it.

      The only reason the music industry makes money is by controlling the distribution of the sounds they create.

      Technology has made it so that anybody with relatively cheap equipment can reproduce these sounds to a satisfactory level.

      Why should you continue to pay them at the prices they demand when you can perform the service they provide for a much lower cost?

      In the case of cancer, say a cancer cure is found and the makers demand $10,000 per shot and as it turns out the cure to cancer is made of commonly found household products mixed together.

      Should you be obligated to scrape up 10,000 dollars just because they spent billions finding out that you can cure cancer with common household products?

      No obviously, you make your own cancer cure and distribute it freely to cancer sufferers.

      To equate cancer with downloading music is distasteful, but it's your analogy.

      Intellectual theft is an absurd counterproductive idea and should be totally disregarded.

    3. Re:nice circular logic there. by prisoner-of-enigma · · Score: 1

      The incentive to create has never been driven by money. People actually SPEND money to learn how to create, just for the satisfaction of creating. Do you think everybody who buys a guitar expects to become a musician able to recoup the costs? Money is an incentive but not the only one or even the highest one.

      I agree with this. However, this does not discount that if someone wishes to sell their talents, they have every right to do so. If someone says "I'll play my song for you at your party, but you must pay me $20 per hour for my time", you're obliged to either pay them or they're not obliged to show up. You cannot take what someone else is offering without paying them what they're asking for it. If you do, you're stealing.

      Technology has made it so that anybody with relatively cheap equipment can reproduce these sounds to a satisfactory level. Why should you continue to pay them at the prices they demand when you can perform the service they provide for a much lower cost?

      Because you're not paying for the damned bits and bytes, you're paying for the damned talent that arranged it in that fashion in the first place. Could you have composed one of Beethoven's symphony? Probably not! He has a skill that you do not. Thus, if he wishes to demand that you pay for his skills or not partake of them, you must do one or the other if you plan to respect his wishes. You cannot simply take and then fail to pay. You've not held up your side of the bargain!

      It is the same way with any human (or group of humans) that has a skill that is in demand. Do you work for free? You must perform some work to pay for your car, apartment, etc. How would you like it if someone took your skills and failed to pay you? Oh, I forget, stealing is only okay when it happens to other people.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    4. Re:nice circular logic there. by Anonymous Coward · · Score: 0

      The incentive to create has never been driven by money.

      Fascinating. Tell us more about your planet. It's very interesting, because it's evidently so different from the one the rest of us live on.

  21. Re:Technology Abused, Good Media, and Misconceptio by 0x0d0a · · Score: 1

    I have yet to see significant uptake of Gnutella and various other services for legitimate uses.

    Because most of them are wildly inefficient. BitTorrent is not uncommonly used for large-scale legitimate large file distribution among the tech-savvy now, and eDonkey is similarly useful.

  22. Comment removed by account_deleted · · Score: 2, Interesting

    Comment removed based on user account deletion

  23. WinMX's biggest flaw. by Anonymous Coward · · Score: 0

    It's the sharing option. One can throttle the sharing down to where it really is non existent. The ratio of leeches to sharers is about 100:1. to give a conservative figure.

    Napster had it right, you had to share at least one file. This ensured that everyone wasn't a leech, you'd eventually get your song. With WinMX you can see everything that's out there, but it is basically out of reach.

  24. You're preaching to the choir by Anonymous Coward · · Score: 0

    Everybody on Slashdot already knows how great it is to work on something without getting paid! Afterall, that was not only the original idea behind Slashdot, but of course Linux, etc.

    1. Re:You're preaching to the choir by eidechse · · Score: 1

      Doing something you like and not gotting paid == hobby.

      Doing something (hopefully that you like) and getting paid == work.

      Important distinction.

  25. PDF Version? by yintercept · · Score: 2, Funny

    Sounds like an interesting read...Since I am morally opposed to paying book publishers...I was wondering if anyone knew where I could download a PDF copy of the book?

    1. Re:PDF Version? by dipipanone · · Score: 1

      Since I am morally opposed to paying book publishers...I was wondering if anyone knew where I could download a PDF copy of the book?

      Can I suggest that you borrow a copy from your local library, scan it, run it through an OCR and create a pdf which you can then upload to Kazaa, or e-Donkey or your very own 'warez' FTP site.

      That way, others who share your views can benefit from this sense of moral opposition that you feel, *and* you'll get an additional sense of smug superiority for doing your bit for the Coalition of the unWilling.

      Of course, all this involves rather more time and effort than simply buying the book, but as yours is clearly a principled piece of moral opposition, I'm sure that's a price you'll gladly pay, along with the fines when the lawyers come a calling...

  26. oh wait, i thought you wernt a troll for a second. by Vitriolix · · Score: 1

    "In your pathetic little mind"

    i'm really sorry that your arguments are so weak that you feel have to resort to blatant ad hominem attacks. very nice. when you feel like growing up and discussing as adults, drop me an email.

    "That falls under the realm of something you can't avoid, and you have no active control over not hearing the music. If you choose to be within aural range of the music and don't wish to wear earplugs, you have to hear it. You don't have a choice in the matter."

    well, what if you *choose* to stand next to that car? are you stealing from anyone? no. thats rediculous. what you are talking about is legislating what information a person is allowed to learn, which is a really scary concept.

    "Okay, you've just removed the primary motivation to find the cure in the first place."

    if you honestly beleive that money is the primary motive behind science you are much more sheltered and ignorant than i had thought. ahve you met and talked with many scientist? furthermore, its amazingly short sited to think that granting monopolies on information is the only viable method of funding science. all you have to do is look how far science, art and literature progressed before IP laws existed. public and private grants have been happily funding the progression of the arts and science for millenia, so why do some people suddenly think that IP monopolies are the only method of funding?

    "Why bother researching ANYTHING anymore (faster processors, better food, space travel) when there's no way you can ever recoup your costs for it?"

    why bother implementing an entire OS and give it away for free? your suggestion that people wouldnt innovate if it wernt for a cash insintive is laughable and has been proven wrong by people deeds throughout all of history. but i suppose its a little to challenging to look past the last century in this debate.

  27. you need ot lay of the faulty analagies by Vitriolix · · Score: 2, Interesting

    "So if I hire you and allow you to work for me for two weeks, but then deny you a paycheck, I haven't stolen anything from you, have I?" this is not theft, its breach of contract. major distinction.

  28. Re:Technology Abused, Good Media, and Misconceptio by edbarrett · · Score: 2, Interesting

    Furthurnet has (twice? three times?) removed all Phish shares because some moron put up a disc or two Phish was selling from their website. Everything on it is supposed to come from tapers trading shows where the bands authorize audience taping. Some good stuff, lotsa hippies.

  29. Re:Technology Abused, Good Media, and Misconceptio by KDan · · Score: 1

    There was a nice 10 minute mpeg off GuerillaNewsNetwork a while ago that was distributed through BitTorrent. I actually went and installed the bugger to download the damn thing, and I've gotta give the credits where they are due. The thing downloaded from about 10 different sources in all, switching to the next source when the previous one dried up, and I had the movie as fast as if I had downloaded it straight from one fast server.

    Daniel

    --
    Carpe Diem
  30. Re:oh wait, i thought you wernt a troll for a seco by prisoner-of-enigma · · Score: 1

    i'm really sorry that your arguments are so weak that you feel have to resort to blatant ad hominem attacks. very nice. when you feel like growing up and discussing as adults, drop me an email.

    It has nothing to do with weakness, I assure you, since your argument is the one that cannot be backed in any legal, moral, or realistic fashion. It is my opinion of your thinking skills, which at this point are not anything remotely approaching "respectful".

    if you honestly beleive that money is the primary motive behind science you are much more sheltered and ignorant than i had thought

    If you believe that all science is motivated by altruism, you're the one living in a sheltered dreamworld. Billions of dollars are spent every year working on things like Rogain and Viagra. Did the companies that created these products do so solely out of the desire to allow men to have hairy heads and more sex? Of course not! They did so because they know that people will pay even more billions for products that allow them to do so!

    And while individual scientists may be altruistic enough to donate their time, knowledge, and efforts, huge projects like fusion power, cures for cancer, etc. require huge teams of researchers will billion-dollar labs and equipment. People don't just give this stuff away, it requires money. Investors will not invest if there's no return to be had. If you don't believe this, you're the one living in the unrealistic, simplistic worldview.

    why bother implementing an entire OS and give it away for free? your suggestion that people wouldnt innovate if it wernt for a cash insintive is laughable and has been proven wrong by people deeds throughout all of history.

    Your spelling is the laughable component of this argument, but I'll ignore it for the moment and concentrate on what appears to be your point.

    Yes, Linux grew out of thousands of people's efforts, and many of them received nothing more than passing gratification for their efforts. You've proven my point while being ignorant of it, it seems. These people chose to make their time available, volunteering if you will. They made a choice to say the dollar value of their time spent was zero. That is their choice, just like it's someone else's choice to say their time is worth $40 an hour, or $400 an hour. It is not your right to say what anyone else charges for their time is right or wrong. Quit playing God with everyone else's pocketbooks. You'd have quite a different tune if it was your money at stake.

    --
    In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  31. law != right by Vitriolix · · Score: 1

    sorry man, of course mp3 sharing is *illegal* but that has no bearing weather or not it is *moral*. for proof, see Slavery.

    1. Re:law != right by prisoner-of-enigma · · Score: 1

      It's interesting that you mentioned slavery, because it's useful in proving my argument. In slavery, one group of people took the fruits of the labor of slaves but failed to compensate them for it. Further, the slaves had no say-so in the matter.

      In your argument, you are taking the fruits of labor from someone else but not compensating them for it. Artists/music companies are not slaves, but they do deserve to be paid for their efforts, and like it or not, they have the right to demand whatever wage they like. You have the right to not partake of their efforts, but you do not have the right to partake of their efforts and not pay their asking price. To do anything else is stealing, and all your equivocating in the world cannot change that.

      If you don't believe you're doing something immoral, you're engaging in a huge amount of self-delusion.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  32. No he's not by FallLine · · Score: 1
    You are excused.

    What if the music industry had purchased napster and released their full catalogs for free but ripped at a low bit rate say 96kb and then offer a pay version for the same data but ripped at a 320kb rate. No one could have competed because they would of had the depth of inventory. Lost opportunities. They went the other way and crushed Napster and they totally lost it by not having something to pick up the slack. Where did they think that the Napster users were going to turn when an option (Kazaa, Bearshare, et al) arrived. Lost opportunities.
    It was still a horrible investment. Even if you believe your scenario is possible, you have to admit it's unlikely. Firstly, Napster had no intellectual property that couldn't be easily duplicated and duplicated cheaply. Secondly, Napster's approach from the get-go could not have failed to piss the music industry off, so even if all RIAA wanted was essentially an exact copy of Napster's service, then almost certainly have gone around them out of spite, if nothing else. Thirdly, Napster was never designed to protect the considerations of the IP owners. Even if RIAA wanted to approximate Napster, they'd still need to start from scratch for technical reasons. For instance, the industry would want logging, something to prevent the client from being hacked (an impossibility, but anyways...they'd demand it), statistics, and so on. Lastly, the whole argument for this sort of P2P is weak one from the industry's perspective. What would the legitimate consumer gain over a centralized alternative, i.e., place all mp3s on a central server or two or three? (One where better controls could be put in place, faster and more reliable downloads, and so on)? How about the industry? Sure, the industry would save a some bandwidth, but it's not that expensive these days and it'd be well worth the money (better than losing control of their IP or potentially so at least). Even if you believe that P2P is a compelling argument (that it saves so much bandwidth for the industry), there's still far superior options out there than Napster (as far as they are concerned and arguably the consumer too). For instance, using a more centralized indexing method, RIAA could put out superior mp3s (at any given bitrate) and sign them cryptographically...allowing only enumerated songs to be shared (and only correlated with a certain label/name)...and shared in a certain way (i.e., don't share this artist yet)... This is all besides the point though. The only reason P2P filesharing reached any level of popularity was because it allowed people to pirate more stuff more effectively than ever before with any other method (in this country at least)--it has relatively little to do with sampling new music.

    As a business, Napster was a lousy lousy idea. If anyone was taken, it was Napster's uncle, but I'd say he took himself with his short sighted greed. He believed that he could, in effect, twist the industry's arm. He was wrong. He lost.
  33. sorry try again. by Vitriolix · · Score: 1

    "If you believe that all science is motivated by altruism, you're the one living in a sheltered dreamworld" no. aparently you arnt able to comprehend my argument. if you go back reread the full text of my comment you might notice that i gave mention of how indeed science has managed to get funding throughout the ages without needing copyright and patent monopolies. so what's changed this century? why suddently do people like you claim that there can be no funding of arts and sciences without copyrights and patents? science and art will progress without copyrights and patents just like it has for all of human history.

    1. Re:sorry try again. by Anonymous Coward · · Score: 0

      Hmmmm... I read somewhere that after the French Revolution, the revolutionaries repealed/destroyed the intellectual property laws which had formerly existed, as they were a "tool of aristocratic repression" or somesuch. This resulted in a massive deterioration of the state of publishing in France, as authors could no longer "own" their works which competiting publishing houses simply swooped in to publish at a lower cost, thereby undercutting the author.

      Ah... here's a link:

      http://www.commerce.net/research/technology-appl ic ations/2k1/2k1_11_r.html

      Sound familiar?

    2. Re:sorry try again. by prisoner-of-enigma · · Score: 1

      Thanks for finding this link. I had been looking for it just to refute this fool's argument and hadn't found it yet.

      Alas, I'm sure it won't matter. You can lead a horse to water but you can't make him drink. You can lead an idiot to logic but you can't make him think.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  34. MOD PARENT UP!!! +3, Funny by Anonymous Coward · · Score: 0
  35. you keep layering broken analagies... by Vitriolix · · Score: 2, Insightful

    ...instead of defending the ones we've taken apart.

    If someone says "I'll play my song for you at your party, but you must pay me $20 per hour for my time", you're obliged to either pay them or they're not obliged to show up. You cannot take what someone else is offering without paying them what they're asking for it. If you do, you're stealing."

    "It is the same way with any human (or group of humans) that has a skill that is in demand. Do you work for free? You must perform some work to pay for your car, apartment, etc. How would you like it if someone took your skills and failed to pay you? Oh, I forget, stealing is only okay when it happens to other people."

    both of these examples would be a breach of contract, not a theft. do you not understand the difference?

    1. Re:you keep layering broken analagies... by prisoner-of-enigma · · Score: 1

      You've evidently never heard of the concept of an implied contract, of which copyright law is. When you violate copyright law, you're violating the implied contract between you, the consumer, and the artist, the producer. The artist demands to be compensated for his/her time/efforts/talents or you don't get to hear the music. You disregard their wishes and consume anyway. You've violated the law. You've taken something that has been assigned a value and given nothing in return. It is not within your rights to redefine the value of the object, dammit! You can offer a lower price (which the artist is free to reject) or you can elect not to partake, but you cannot simply declare that their works are free for the taking! Can't you get that simple concept through your head?

      Look, as I've said before, I despise the current state of affairs. I haven't purchased a CD in years, but I also don't attempt to get music through illegal means. I have simply opted out, and that's not only legal, it's moral. You, on the other hand, are claiming some high moral purpose in first claiming that something has no value (so that you can justify taking it without paying for it) but then turning around and claiming it does have value (because you derive enjoyment from listening to it). You live in a contradiction, a hypocritical construct that you are willfully blind to. I hold a particular place of despisement for hypocrites, and that's why I'm riding you so much. If you'd just come out and admit that what you're doing is wrong but you're going to keep on doing it, I'd have more respect for you.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  36. i'm sorry, lets back up for a second... by Vitriolix · · Score: 1

    are you REALLY equating the act of downloading a file without the file creators permission with enslaving a person, stipping them of all their free will and forcing them to do work against their will? this analagy just holds no water. why dont you stick to logic rather that obfuscating the holes in your argument with layers apon layers of unrelated, broken analagies.

    1. Re:i'm sorry, lets back up for a second... by prisoner-of-enigma · · Score: 1

      Why don't you quit trying to justify your actions, which by any possible rational definition is stealing. Cloak it, obfuscate it, deflect it, muddle it...that's all you've tried to do. Look, I'm not upset that you steal music. That's between you and your conscience. I'm upset that you think it's right to do so.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  37. you misread history. by Vitriolix · · Score: 1

    seriously, you need to go back and look at the history of intellectual property. copyright is only a few hundred years old, before which all the foundations of our societies were laid. "Just about everything you see around you is the result of a system based on compensating people for their efforts, thoughts, and inventions" of course, but why do you think that the only form of compensation revolves around the restriction of intellectual property? this just isnt supported by history.

  38. there you go with the broken analagies again by Vitriolix · · Score: 1

    "Ah! So, just because someone has a lot of something, that gives you the right to take some of it, because they "won't notice it"?

    Great! I'm sure you've got some money in your bank account somewhere. I'll just take some of it! You shouldn't care, because you had a lot of it in there to begin with!"

    see there you go again with the bad analagies. in this case the person is literally deprived of money from their bank account, which is clear theft.
    1. Re:there you go with the broken analagies again by Anonymous Coward · · Score: 0

      Yes, and in the case of downloading music, the artist is literally deprived of the revenue he would have received from selling you copies of the songs.

      You can argue that you wouldn't have bought them anyway, but that's unproveable, and therefore bogus reasoning. You deprived the artist of POTENTIAL revenue, which is a very serious matter.

      It's theft, dude.

  39. wait, i thought we were having a conversation.. by Vitriolix · · Score: 1

    so when you cant come up with any rational argument for this insane idea that sharing information = theft, just change the subject? show me once where i cloaked, muddled, deflected or obfuscated. all i've done was argue ratinally and point out the gaping holes in your assertions which you cannot defend.

    1. Re:wait, i thought we were having a conversation.. by prisoner-of-enigma · · Score: 1

      Okay, steer around this one, o high and mighty one: you're sharing information that the information creator has declared to be unshareable. You are going against the wishes of the person who created the info in the first place.

      Take the GPL for a good analogy. You are free to share all sorts of stuff under the GPL, but you must meet certain criteria set forth by the creators of the GPL and the software authors. I recall that in the past several companies have attempted to take GPL-protected works and use them in commercial software without crediting or compensating the original software authors. What a horrendous outrage ensued on Slashdot, with everyone screaming for blood at how awful it all was! I'm sure you were somewhere in the crowd, raging on how unprincipled the violator must've been to violate the GPL in such a manner.

      Now, here you stand advocating the exact same kind of action! The author of the works has decreed that you must comply with certain criteria if you wish to make use of their work. In this case, they demand to be paid. You, feeling smug and self-assured of your righteousness, violate their wishes, partake of their efforts, and give no thought whatosever to the fact that you've done something wrong. Quite to the contrary, you think you've done something noble! What a farce! What an amazing, absolutely mind-boggling amount of self-deception you've engaged in! You're more than happy to tread on rights, so long as they're not your rights! How self centered and egotistical you are to think in this manner!

      So, go ahead, continue to keep your blinders on. Continue to deceive yourself over and over again that what you're doing isn't hurting anyone, that nothing is being diminished, that you're just standing up for the poor and impoverished, and against the rich and powerful. If everyone thought like you, music companies would go out of business. And while I'm sure that'd give your smug anti-capitalist mind some sort of bizarre satisfaction, I'm sure that the secretaries, janitors, couriers, and thousands of other folks who barely cleared $30K/year before being laid off will gladly bow down to you and worship your righteousness, since you're so obviously right in this matter.

      Bah, why do I bother? You've chosen to brainwash yourself beyond hope. You've chosen to disregard reason where it's convenient to you, and it's impossible for a rational person to convince you of a rational argument so long as you insist on being irrational.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
    2. Re:wait, i thought we were having a conversation.. by Anonymous Coward · · Score: 0
      You are going against the wishes of the person who created the info in the first place.

      Dude, I just created a fart, and it's against my wishes that you smell even ONE goddamn molecule of it! So start running!

      Really -- Fuck You. Information is going back from noun, to a verb; back from a product, to a service.

      It's the new reality. Deal with it.

    3. Re:wait, i thought we were having a conversation.. by Anonymous Coward · · Score: 0
      Now, here you stand advocating the exact same kind of action!

      Apples and oranges. The GPL violation in your example is one of failing to give credit where credit is due (the moral right to ATTRIBUTION). Attribution is way way way way more important than any claimed right to profit from same.

  40. furthermore by Vitriolix · · Score: 1

    if you cared to notice my web page you would know that in fact i am a content creator who encourages the free trade of my music. so instead of trying disqualify my rational arguments based on ad hominem attacks, why not try logic?

    1. Re:furthermore by prisoner-of-enigma · · Score: 1

      And you've made a conscious decision to offer your services for free. Goddammit, you cannot force others to give their services away just because you do! Don't you realize how arrogant it is to even assume that you could do such a thing? "Hey, I give my music away, so everyone else should!" I'm willing to bet that there are people who would not want to listen to your music even though it is free, but would prefer to pay for someone else's talents. That's their choice!

      My God, the arrogance you're displaying here is just plain earthshattering. I'm not going to take this up any further, as you're obviously so far beyond any possible objective reality that it's pointless to continue. The blinders you wear are gargantuan, and it must be nice to life in your own little world. Let me know if you ever become reconnected to reality.

      --
      In the end they will lay their freedom at our feet and say to us, Make us your slaves, but feed us. - Fyodor Dostoyevsky
  41. you need to chill. by Vitriolix · · Score: 1

    and stop putting words in my mouth.

    "you cannot force others to give their services away just because you do"

    nowhere did i say this. it has nothing to do with my point, so cut it out with the staw men. i brought up the fact that i am a content creator because you keep trying to paint me as some shiftie-eyed theif trying to jusitfy their crime spree instead of listening to the reasoned argument i make. you know nothing about me, so instead of wasting your time trying to impeach my character, try dealing with my logic.

    as of yet you have made no convincing argument of deprivation from file sharing, but your managed to waste a lot of energy with personal attacks and misleading analagies.

    are you intellectually able to lay off the personal attacks and stick the discussion at hand? do you understnad hte concept of ad hominem and how badly it reflects on a) your reasoning skills and b) your argument?

    "The blinders you wear are gargantuan, and it must be nice to life in your own little world. Let me know if you ever become reconnected to reality."

    i'm very sorry that you are unable to talk rationally without resorting to playground insults.

    1. Re:you need to chill. by Anonymous Coward · · Score: 0

      (Note: This isn't the parent posging AC; this is a separate AC altogether.)

      I can't resist this - you complain and complain about your "dueling partner's" ad hominem attacks, which you claim reflect badly on his reasoning skills, yet at the same time you continue on apparently unaware of the spelling, capitalization, and grammar conventions of the English language. Seriously, one look at the subject lines of your posts reduces their weight by a good 20%. Your poor language skills make you look uneducated, careless, or both. If you want people to take you seriously, you should work on your writing skills.

      Also, despite what you may think, you did not come out on top in this debate. You made an occasional valid point, but your opponent successfully rebutted everything you put forward, plus he had the advantage of looking like he knew what he was talking about (see the grammar comments above). Better luck next time.

  42. i think you are responsding to some other person.. by Vitriolix · · Score: 1

    "Okay, steer around this one, o high and mighty one"

    its pretty sad that you can't write one response to me without throwing some insult.

    "you're sharing information that the information creator has declared to be unshareable. You are going against the wishes of the person who created the info in the first place."

    sharing, distributing, and deriving from information without the consent of the original author is commonplace and perfectly moral. reporters regularly publish internal memo's from companies, the authors of which clearly never intended for a public eye. the is perfectly moral and legal.

    "Take the GPL for a good analogy. You are free to share all sorts of stuff under the GPL, but you must meet certain criteria set forth by the creators of the GPL and the software authors. I recall that in the past several companies have attempted to take GPL-protected works and use them in commercial software without crediting or compensating the original software authors. What a horrendous outrage ensued on Slashdot, with everyone screaming for blood at how awful it all was! I'm sure you were somewhere in the crowd, raging on how unprincipled the violator must've been to violate the GPL in such a manner.

    Now, here you stand advocating the exact same kind of action! The author of the works has decreed that you must comply with certain criteria if you wish to make use of their work. In this case, they demand to be paid. You, feeling smug and self-assured of your righteousness, violate their wishes, partake of their efforts, and give no thought whatosever to the fact that you've done something wrong. Quite to the contrary, you think you've done something noble! What a farce! What an amazing, absolutely mind-boggling amount of self-deception you've engaged in! You're more than happy to tread on rights, so long as they're not your rights! How self centered and egotistical you are to think in this manner!"

    you have this whole mystique built up about me even though you know nothing about me. in fact, i side much more with the BSD style license which allows people to take and resell free software derivatives. further, i actively encourage people to take my works and make derivative works from them. so really, this whole indignant passage you wrote has nothing to do with me, or the argument at hand.

    still, you have not laid down any evidence of deprivation or harm caused by someone downloading and listening to a song they didnt buy.

  43. exactly. by Vitriolix · · Score: 1

    i think this is key. i've been working on launching an open source record label soon and this i think cuts to the quick of the morality of this for me. if feels wrong when someoen "takes" someone elses work and sells it as their own because you are misrepresenting their work as your own. this is clearly immoral. i think this is the key behind hte BSD license: "take it, do what you want with it, but please keep me credit where credit is due." sounds good to me.

  44. I doubt it... by Kjella · · Score: 1

    Now, if we could just form a religion based upon the cat-like diety, perhaps we could defeat the DMCA as a form of freedom of Religion :)

    Does Satanism count as a religion? If so, I think they'd simply form the DMCA religion, which would be very much the same (yes pun intended).

    Kjella

    --
    Live today, because you never know what tomorrow brings
  45. My Audiogalaxy story. by JKConsult · · Score: 1
    The day I knew Audiogalaxy rocked:

    I was fucking around with my new cable modem connection, picking songs at random to download. I queued up about 20, then set about to play some NES emulator games. I realized that my GamePad was unplugged, so I plugged it back in. Wham, BSOD. I cursed at the computer for a few moments, then turned off the monitor and went to answer the ringing phone. When I came back about an hour or two later, I turned the tower off and then tried to turn it back on. The power supply was dead. Kicked the tower, then went to get a new power supply, and brought it home to install the next day.

    When I got the new power supply installed, I went to check everything to make sure nothing had disappeared. "That's funny", I think to myself, "why is there 300 MB of free space gone?" You got it. While the computer was in BSOD mode, completely frozen, AG had been working in the background, downloading 15 of the 20 songs I had queued up. That's a killer app.

    1. Re:My Audiogalaxy story. by Afrosheen · · Score: 3, Funny

      That rules. Your p2p client is better than your OS.

  46. Re:Technology Abused, Good Media, and Misconceptio by Zerth · · Score: 1

    what, you mean a site besides f.scarywater.net, which is mentioned on slashdot just about every time a big downloadable file is mentioned(matrix trailer, animatrix, anachronox, broken saints, etc) that also carries redhat and knoppix isos?

  47. IRC by SageLikeFool · · Score: 2, Interesting
    Nobody remembers IRC?!? People were downloading (and even trading) files on various IRC networks long before ICQ and Napster were around. Sometimes within IRC itself using DCC and XDCC bots, but mostly by using FTP in conjunction I believe. Sure the scale was different (as were the bandwidth and file sizes), but file trading didn't orignate with mp3's and wasn't pioneered by Napster or ICQ.

    Sure, both were innovative but I doubt either would exist as the did/do now if it wasn't for IRC coming first. To an end user Napster was little more than an IRC network that gave file sharing priority over group chatting. ICQ is IRC with a foundation of individual chat instead of group chat.

    Though that may be an oversimplification.

  48. Re:Technology Abused, Good Media, and Misconceptio by Froobly · · Score: 1

    I believe you're confusing the software's intended use with its primary use. BitTorrent is a program to assist in the distribution of large files, period. It just so happens that the most highly demanded large files on the internet are also illegal. BitTorrent doesn't really even directly facilitate piracy in the way that Napster did; you can't search it. It depends on people to provide the end user with trackers, and the indexing of these trackers is entirely separate from the BitTorrent program itself.

    Each site that indexes BitTorrent trackers essentially becomes a mini-Napster. If you want to shut down the piracy of a given file, all you need to do is send a C&D letter to the person hosting the tracker, and no new people will be able to download it without someone sticking their neck out to repost the tracker on a different site. This is much like the old days, when we searched the web for our mp3 files, and waded through porn banners the old fashioned way. The only difference is that it doesn't cost humongous amounts of bandwidth to the person hosting the tracker.

    People see BitTorrent and how it's used, and assume that it's just the next generation of piracy software. But it's more than that; it's the future of all online distribution. While it makes illegal uses easy, it makes the legitimate uses even easier. Even if it isn't right now, BitTorrent really should be the preferred distribution medium for just about any time-sensitive content. Imagine downloading the newest Redhat or Debian distro through it. All of a sudden the bandwidth bills for sites like redhat.com aren't quite so exhorbitant.

    The only downside to BT that I've observed is that there's a sharp falloff between when a file is new and the downloads fast, and when it's old and completely inaccessible. It lies on a file's popularity to provide the extra bandwidth, and as I've noticed in the anime fansubbing community, you generally can't download a file over BT more than a week or two after it's released. This makes it ideal for time-sensitive stuff like news feeds or weekly netcasts, but completely useless for archival.

    Anyway, to claim that BT is contributory infringement is practically to toe Senator Hollings' line. It's the amazingly useful technology that would be banned because it doesn't have piracy checks.

  49. Re:Technology Abused, Good Media, and Misconceptio by 0x0d0a · · Score: 1

    I have yet to hit a site that provides (i.e. iso's, databases and etc..) using BitTorrent.

    It was pretty much the *only* way to get ahold of Red Hat 9 isos in the first days of it being publically downloadable -- the FTP sites were packed.

    And you're right that the majority of content out there on P2P networks is pirated -- but that happens to be because they're the only real way to distribute massive numbers of copies of large files, so they're pretty much a prerequisite for movie piracy. While there are legitimate large files available, aside from isos, usually there isn't such a strong need to transfer so much data.

  50. John Fanning by macdaddy357 · · Score: 1

    John Fanning just took money for nothing while Shawn fanning did all the work. I think John Fannning would make a good record company executive, or perhaps he could even replace Hilary Rosen as head of the RIAA. Maybe Napster would still be around if that huckster had never been involved.

    --
    How ya like dat?
    1. Re:John Fanning by ethx1 · · Score: 0

      Yeah. I was super suprised to see him on the cover of Red Herring last year. They made him out to be some unsung superhero and it pissed me off to no end. He is a moocher.

  51. Re:Technology Abused, Good Media, and Misconceptio by Amizell · · Score: 1

    Don't circumvent the law, reform it.

    Sure. How are the millions of consumers supposed to reform laws that were bought and paid for by huge media company lobbies?

    Apparently expressing your opinion in the form of civil disobedience isn't enough. Apparently thousands and thousands of calls, faxes and letters to congressmen aren't enough either. Apparently lawsuits that go to the supreme court aren't enough either.

    The IP laws are unjust. People with a vested interest in maintaining the status quo are allowed to railroad laws through congress with little or no public commentary. They should be ignored even by people who are otherwise law-abiding citizens. When the law fails us sometimes all we have is subversion.

    --
    --- Wherever you go, everyone is always connected...
  52. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  53. Aren't we enlightened... by TheConfusedOne · · Score: 1

    Wow, too bad you are having so much difficulty showing people the "light".

    Well, let's look at a few interesting things instead. How about the US's decision to disregard European copyrights back during the formation of the country? Seems that in order to build a local publishing business they needed some creative works to publish. Most of that was coming out of Europe and the US publishing houses were free to republish these works without paying any royalties. So, we jump started our publishing business by "stealing" from others.

    Now, we jump forward to today. We have a bunch of record companies complaining about how music downloading is "stealing" and causing loss of sales. Now, when you actually look at the numbers we find that during the height of Napster sales actually increased. Additionally, we look at testimonials from people like Janis Ian and we find that the publicity of these P2P sites and free downloads on their web sites have lead to, wait for it, increased sales.

    So, this only benefits the obscure, you might argue. Wrong. Look at Eminem's previous album (before 8 Mile). It was the most "pirated" album on the P2P networks and bootleg CD's for an entire week before the album went on sale. Guess what, he still enjoyed record sales when it came out.

    Meanwhile the same companies that have been crying foul in the face of this evidence are quietly signing deals with the FTC to try to make price fixing charges go away.

    So, now which do you think would hurt sales more:
    1) Increased publicity?
    2) Artificially high prices?

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  54. no, its easily prooveable. by Vitriolix · · Score: 1

    whats utterly unprovable is your suggestion that the artist looses anything because of some fictitious "future revenue" ... lets say someone downloads 60 gigs of music from every artist they can, regarless of how they feel about them because they are interested in having a "complete" music collection? now, its is utterly impossible that they could have ever afforded to pay for all of that, so what future revenue did the artist loose? none, its a rediculous idea. its akin to saying that person A who ruins the end of a movie for person B by telling them the ending or just saying "dont go, it sucks" STOLE from the movie house since they are "depriving" them of some theoretical future revenue "lost" because person B probably would have gone had they not run into person A. this is such an inane idea. it doesnt hold water for a millisecond. and, "dude", just becayse you say "it's theft" doesnt make it so. in all this babeling there there has yet been one convincing argument that supports that idea. sorry.

    1. Re:no, its easily prooveable. by Anonymous Coward · · Score: 0

      whats utterly unprovable is your suggestion that the artist looses anything because of some fictitious "future revenue"

      Are you familiar with the notion of potential energy? If you lift a bowling ball off the ground, you are imparting it potential energy. If you let it go, that potential energy will become kinetic energy, and the ball will move.

      If you never let go of the ball, does that mean the potential energy was ficticious? No, it just means it was potential.

      Potential revenue works the same way. If you don't have a copy of Song X, then there's potential revenue for the artist and the distributor and whatnot there. If you buy the song, that potential revenue gets turned into real revenue. If you never buy the song, the potential revenue never gets turned into real revenue, but it exists nonetheless.

      Is potential revenue the same thing as real revenue? No, of course not. But it's real. And taking a copy of a song without paying for it deprives the artist and the distributor and whomever else might have a finger in the pie of potential revenue, and that's serious stuff.

      in all this babeling there there has yet been one convincing argument that supports that idea. sorry.

      Just because you haven't been convinced doesn't mean that the arguments aren't valid or strong. Most people, it seems, agree that taking something without paying for it is bad and wrong. So it seems like more people are convinced than aren't.

      Of course, that's just a subjective perception on my part. But if the opposite were true-- if more people believed in taking than in buying-- then I think the world would be a very different place than the one we know.