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RIAA Chats With Song Swappers

einer writes "Orignally seen on Drudge; in reaction to their recent loss in court, an IM was sent to 'hundreds of thousands' of grokster and Kazaa users by the RIAA warning that they were NOT anonymous and that they could face legal consequences if they did not stop sharing copyrighted material. The IM was sent to users hosting copyrighted songs for download. Is this a scare tactic or an honest attempt to reform the p2p user community, or both?"

697 comments

  1. Irony by benna · · Score: 5, Interesting

    Ok, so first they argue in court that there are no legit uses for these services. Then they use them themeselves. Are they not admiting to doing something that they would claim is not legal?

    --
    "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    1. Re:Irony by k-0s · · Score: 1, Redundant

      I think we all learned LONNNNGGGG ago that the hypocracy of the RIAA knows no bounds. This just serves as example #8,747,472 and has been noted.

    2. Re:Irony by Mistlefoot · · Score: 5, Interesting

      This brings out a better question. A week or so ago when Madonna offered her "What the F*** do you think you are doing" mp3 I would assume that that were copyrighted material as well. Unless of course she went to the trouble of releasing it gpl it's pretty much copyrighted by default as I understand the laws. So if the RIAA and Madonna released this song with the expectation that users would share it were they not intentionaly contributing to break the same laws, effectively conspiring to have 1000's of users intentionaly share it? Logic would dictate that unless Madonna were expecting this file to NOT be shared that she would be in some ways complicit.

    3. Re:Irony by benna · · Score: 3, Interesting

      Is it copyright by default though? This would lead to all sorts of weird problems.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    4. Re:Irony by Okonomiyaki · · Score: 5, Funny

      Your patriotic comments have brought a tear to my eye. I will now download 1,000,000 Dixie Chicks MP3s and then delete them to show my disgust.

    5. Re:Irony by joto · · Score: 4, Informative
      Is it copyright by default though? This would lead to all sorts of weird problems.

      Yes, and yes.

    6. Re:Irony by Anonymous Coward · · Score: 0

      Thank you for your kind words sir; you are also a true patriot. Stay strong and fight against unAmerican values like DixIE Chicks and Open Sores.

    7. Re:Irony by rf0 · · Score: 1

      The way I read it is that they are using a free service legally. If I put an MP3 on I recoreded other people can download it without problem. Its only when they start downloading things they don't have copyright ownership on are they breaking the law

      Rus

    8. Re:Irony by pantropik · · Score: 2, Funny

      Better make that half a million to save some time for Springsteen ...

    9. Re:Irony by 1u3hr · · Score: 4, Informative
      So if the RIAA and Madonna released this song with the expectation that users would share it were they not intentionaly contributing to break the same laws

      No, because Madonna owns the copyright of that "song" she can distribute however she wants. It still remains her copyright, which means no one else could publish it -- though she would have a hard time getting any damages if she tried to sue anyone after intentionally releasing it to P2P.

    10. Re:Irony by Drakonite · · Score: 1
      Unless of course Madonna's contract stipulates that the RIAA (or the record label she is under, which is most likely part of the RIAA (aren't all of them??)) gains ownership of the copyrights to any songs she produces.

      I know that may sound far fetched to the uninitiated, thats the way it is with a very large number of artists. Madonna is a big enough artist and has been around long enough that is probably not the case for her, but if you take a look at the contract for a newer or smaller band you'll usually see a clause along these lines.

      --
      Shoot Pixels, Not People!
    11. Re:Irony by 1u3hr · · Score: 2, Informative
      Unless of course Madonna's contract stipulates...

      In that case, it'd be her problem, not anyone who passed it on after she'd released it. If harassed, people would be able to claim a defence that they had the reasonable expectation that it was freely downloadable (here we talk about "free as in beer" only, though) as the artist herself had released it.

      And remember, we're talking about the "Fuck you" mp3, not an actual track from her album.

    12. Re:Irony by KDan · · Score: 1

      Hypocracy? Wuzzat? Power to the underlings?

      Daniel

      --
      Carpe Diem
    13. Re:Irony by redtail1 · · Score: 5, Funny

      Being targetted by the RIAA might be seen as some kind of street cred. I know I'm going to leave my copy of Kazaa running all day, trading files with more people with usual, until I can brag about receiving my own instant message.

    14. Re:Irony by Anonymous Coward · · Score: 0

      Yep. Always has been. You implicitly have a copyright to all works created by you whether you assert that or not. The GPL even specifically mentions this.

    15. Re:Irony by jgerman · · Score: 1

      Interestingly enough, I installed kazaa just to find this mp3 and listen to it. Curiosity I guess. Of course, I never got around to it, and I imagien that by this time most people who d/led it initially have deleted it.

      --
      I'm the big fish in the big pond bitch.
    16. Re:Irony by rlanctot · · Score: 1

      "Ya, what the fuck are you doing downloading songs by Madonna? Sicko."

      "Ya, what the fuck are you doing downloading songs by Madonna? Sicko."

      "Ya, what the fuck are you doing downloading songs by Madonna? Sicko." ...

    17. Re:Irony by Anonymous Coward · · Score: 0

      You can do that until either:

      1. Your School / Parents / Company / ISP get scared by all the "RIAA crackdown" talk and yank away your net / computer access.

      2. RIAA does crackdown, complete with your Computer being confiscated, and you being led away to Jail!

    18. Re:Irony by HBI · · Score: 3, Interesting

      I would personally LOVE to see this.

      Watch how fast the labels get crushed when they go after Everyman.

      There is only so far this kind of thing goes before politics takes over. Note that they try to scare you without actually doing anything. There is a reason for this.

      I'm salivating for the first _real_ martyrs in this cause. It's how we are going to win - they know it, we know it, it's just a wait for when they will feel compelled to overplay their hands.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    19. Re:Irony by Craevenwulfe · · Score: 2, Interesting

      Not really a better question. Someone can retain the copyright on something but still allow for it to be freely given to anyone and everyone. Madonna was not conspiring to break the same laws owing to the fact that she recorded then track (F' YOU) and then spread it for public consumption. You won't see the RIAA coming for you for having that track on your PC, though amusingly you could claim your pc was littered with those messed up tracks rather than those tracks that you may have downloaded without actually owning a version of it. Since they name them the exact same how can they tell the difference?

    20. Re:Irony by Wiwi+Jumbo · · Score: 4, Funny

      I actually tried to find this, I downloaded American Life about 6 times and each one was the actual song.

      Trust me, *those* got deleted... I think Madonna cursing into a microphone would have been much better then what I recieved.

      There aught to be warning labels on this stuff...

      --
      Wiwi
      "I trust in my abilities,
      but I want more then they offer"
    21. Re:Irony by f0rt0r · · Score: 1

      I don't run Kazaa or Grokster right now,( gtk-gnutella for me ), but I just might do it to "join 'in' the crowd" that got this message. I don't want to feel left out :(.

      Individualism is futile, run with the herd!

      --
      I can't afford a sig!
    22. Re:Irony by pboulang · · Score: 1
      Well, how about from their website itself:
      User IP Information

      We identify and record your non-personally identifiable information, such as IP address, to help diagnose problems with our server, and to administer our website. We do not use your non-personally identifiable information in any other way.

      #8,747,473? :)
      --

      This comment is guaranteed*

      *not guaranteed

    23. Re:Irony by The+Evil+Couch · · Score: 1

      collect em. trade em. be the first one on your block to have all the RIAA warnings.

    24. Re:Irony by ichimunki · · Score: 1

      Personally I'm going to stick with my threatening letters from the BSA warning me of impending doom if I don't license all of my software correctly. They actually had the nerve to tell me they were offering me a "truce" for a while, and that if I didn't comply... I guess we would be at war. If anything ever cemented my desire not to become a Microsoft customer, it was the notion that I would be at war with the very company(s) I was a customer of.

      Of course, if I actually used Kazaa or Grokster, I might like to have my own such IM to brag about. :)

      Too bad BitTorrent doesn't include a chat feature (not). I can't wait to see how the lawsuits on that one shake out.

      --
      I do not have a signature
    25. Re:Irony by Gleef · · Score: 4, Informative

      If Madonna creates a new recording, and it is not explicitly released to the Public Domain, it is copyrighted. Whether she owns the copyright or someone else does is a different question; as I understand it, the producer traditionally owns the copyright to a music recording, not the artist, but the industry is known for complicated contracts so it's anybody's guess who actually owns the copyrights.

      If the RIAA has a license with the right parties to redistribute this work without restriction, then I would think it would be perfectly legal for them to put up a Grokkster node and distribute it. Users downloading the file would be downloading it legally. The legality of such users redistributing it is a complex legal question that I'm not going to try to properly answer. I would presume that the RIAA would say redistribution was illegal, but your argument that under the circumstances, sharing was assumed and therefore allowed might hold real water here. If the RIAA is working in certain ways with the police, Entrapment may also be a defense.

      Disclaimer: I am not a lawyer, the above should not be interpreted as legal advice. Redistributing copyrighted works over the internet without a license carries with it a high risk of legal complications, I suggest getting professional legal advice before considering it.

      --

      ----
      Open mind, insert foot.
    26. Re:Irony by Lt+Razak · · Score: 1
      I hope you're right. However when you say "before politics takes over"... well, the XXAA organizations are spending plenty of cash to get "politics" just the way they want it.

      Do you remember Operation Buccaneer?
      18 month sting to crack down on a small time warez community. Where was the political/consumer backlash on that? There was none. Now it's a precedent for future 33-month jail sentences.

      I agree that the RIAA won't be sending out 20,000 arrests at once. They're going nice and slow as you pointed out. But I bet they will be taking a few to prison for further scare tactics. Maybe they'll be starting with the 2 verizon customers.

      By the way, if you live in Colorado, and are a Verizon customer, and you are STILL trading mp3's online, now that's some conjones!

    27. Re:Irony by jc42 · · Score: 4, Insightful

      A week or so ago when Madonna offered her "What the F*** do you think you are doing" mp3 ...

      I wonder if Madonna got an IM from the RIAA for this?

      Joking aside, this does bring up an especially interesting question: How many of you have been using p2p to distribute your own music? Let's see a show of hands from people who have received warnings from the RIAA after using p2p to share your own music.

      This isn't a trivial point. One of the recording industry's real fears is that they are being made obsolete. In the past, they've had a stranglehold on music distribution channels. You and I couldn't distribute our own music; we had to sign it over to the corporations that control the distribution. This is ending, now that we can make our music available via the internet.

      This is what has the RIAA and MPAA running scared. They want monopoly control over this new distribution medium. The only way they can get this is if they can prevent you from distributing your own copyrighted material via the internet. Then you'll have to sign your files over to them, and they'll take all the profits and stick you with a bill like they do with commercial recordings.

      What we really need now is a few test cases in which the RIAA has threatened people who are putting their own music online. A few such cases could make for very useful legal precent ...

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    28. Re:Irony by cj_goth · · Score: 1

      Kazaa or KazaaLite? From your .sig, it looks like you are a non-Windoze user, but some people need reminding about the vile spyware that lurks within windoze Kazaa.

      -- now where did I put that .sig

      --


      -- now where did I put that .sig
    29. Re:Irony by Anonymous Coward · · Score: 0

      I believe that tactic is called entrapment and also illegal.

    30. Re:Irony by jgerman · · Score: 1

      Kazaa-lite of course ;) No need for the spyware. Especially since I never actually used it after installation.

      --
      I'm the big fish in the big pond bitch.
    31. Re:Irony by Anonymous Coward · · Score: 1, Informative

      Not "always has been." Has been since 1976. Prior to 1976, you need to attach a proper copyright notice prior to distribution or the work entered the public domain immediately.

    32. Re:Irony by Anonymous Coward · · Score: 0

      Kazaa or KazaaLite? From your .sig, it looks like you are a non-Windoze user, but some people need reminding about the vile spyware that lurks within windoze Kazaa.

      Um. Kazaa Lite is not available for *nix. It is only for Windows, or "windoze" as you call it.

    33. Re:Irony by abischof · · Score: 1

      Yeah, that is the case (as another poster pointed out). See also this page (10 Big Myths About Copyright Explained) for a quick primer on copyright law.

      --

      Alex Bischoff
      HTML/CSS coder for hire

    34. Re:Irony by woodja · · Score: 1

      Actually you can download it legally if you really want to, from mp3.com.

    35. Re:Irony by hazem · · Score: 1

      I don't know the exact language, but when you set a creative work in a tangible form, it is automatically endowed with copyright protection.

      Suppose you think of a cool story or song. Having it in your head, it's not protected. But once you write it down, or record it, it is then protected.

    36. Re:Irony by PetoskeyGuy · · Score: 1

      You fool. Now TACO is going to have to report all your connection log details on redtail1 to the RIAA. Then they'll track your down to your ISP and right to your house. You are not anonymous you file trading theif! :o)

    37. Re:Irony by HBI · · Score: 1

      I bet that two Verizon customers going to jail for having mp3 files publically available on their computers is going to galvanize resistance just fine.

      "This man faces 33 months of his life in prison for having mp3 files on his computer. Corporate greed cost him almost three years of his life. Isn't this the land of the free anymore? Contact your lawmaker at XXX-XXX-XXXX to let him/her know how you feel."

      I'm sure you could find someone with that radio voice who would make it sound good too.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    38. Re:Irony by YankeeDoodleJoshi · · Score: 1

      Ok... here it is:

      Madonna cursing

      and then there's the DANCE REMIX

      --

      --
      HTTP header ad space for rent! Advertise to thousands of server log readers - only $50 a week per header! 1-800-SURFALOT
    39. Re:Irony by el_avatar · · Score: 1

      What is even more interesting is how much the MP3 ripping and cd-copying technology has been advertised in the last 5 years. It's as if the major corporations like Sony, Philips, etc... wanted the masses to buy such products, only to have the masses, later on, become the target of the music industry and/or movie industry. I remember reading something about Sony Music and Sony (Tech.) Corperation being in a dispute because the music folks were losing money (supposedly) to people illegally trading and copying cds, where as the Sony tech company people were making bank on CD-RW drives and such... (i think i learned about that on slashdot, but with all the reading one does now a days... it's becoming one icky blur.) And now, just in the last 2 years, we have DVD-burners... I mean, what the fuck are we supposed to do with that besides copy DVDs? And since poor people become poorer, and DVDs and CDs are so expensive, it's only logical that people will pay nothing if their other option is to pay a shitload. I mean, shit, we already spend a lot on buying the computer and then paying for internet service. Point being, there is some major hypocrosy going on here, and I understand it's human to contradict oneself from time to time; i just wish people would own up! (ps... xscuse all the cursing, i'm in France and foul language is a part of a hot-topic conversation)

    40. Re:Irony by Uncle+Gropey · · Score: 1

      I must stick my hand up for this... my crappy little band actually had some fans on Napster until it went bye bye. I just kind of gave up after that.

    41. Re:Irony by jc42 · · Score: 1

      Well, don't give up. Evan a "crappy little band" can help kill off the RIAA and their ilk. There are a lot of file-sharing programs out there now. Ask around and you'll probably find someone willing to make your stuff available online.

      A couple years ago I wrote a little article about a case hereabouts. There's probably someone in your area doing the same sort of thing.

      The more peope we can get involved in such things, the sooner we can tear down the wall (as Ronnie Reagan said) that the big corporations have built between musicians and their audiences.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    42. Re:Irony by Geekbot · · Score: 1

      Did you hear she finally released the real CD herself onto Kazaa? Apparently she must have realized that it was better to have people listening to her music for free rather than having to pay them to listen to it. Personally, I'd rather masturbate with a cheese grater.

    43. Re:Irony by druk · · Score: 1

      Entrapment is commited by government officers (policemen, agents, etc.). A private person cannot commit entrapment. Maybe you are referring to instigation, which would make you an accessory before the fact (we are talking criminal offence here).

    44. Re:Irony by druk · · Score: 1

      I haven't listened to the "What the F***" mp3 yet, but I can say this: a recording of Madonna simply saying some phrase IS NOT AUTOMATICALLY COPYRIGHTED. Even if you wanted to copyright it, you wouldn't be able to. Only works of art are protected by copyright. You cannot copyright whatever you want. IT HAS TO HAVE SOME CREATIVE VALUE. It needn't be GOOD, it just has to have some kind of creativity going on.

  2. Not really ... by Tensor · · Score: 4, Insightful

    They claim the swapping of copywritten songs is illegal, using kazaa for chatting would be a perfectly legal way in RIAA's eyes.

    Now corecion, and harrasing people after a judge said that what was going on wasn't illegal ? that is another matter

    1. Re:Not really ... by benna · · Score: 5, Insightful

      No, thats the break down in their case. They DO argue there is no legit use for those services. Not that it is not legal to trade songs. The point is that the service is not at fault. So they argue that it has NO legit use so they can say they are at fault.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    2. Re:Not really ... by Tensor · · Score: 5, Insightful

      ROFL you are absolutely right. I stand corrected.

      I can't believe this guys have given the basis to dismiss all future lawsuits against p2p services. They themselves have shown that the p2p services have, at least, the legal use of contacting ppl breaking the law and "warning" (ok, threaten) them.

    3. Re:Not really ... by Kenshiro · · Score: 3, Insightful

      Now corecion, and harrasing people after a judge said that what was going on wasn't illegal ?

      No judge said anything like that. Rather, he held that distributing software which can be used for illegal purposes does not hold you liable when it is used for those purposes.

    4. Re:Not really ... by reezle · · Score: 5, Interesting

      The judge said that the makers of the software were not responsible for the actions of it's users.
      He didn't say the user's actions were not illegal.

      The best point made in this article was that the RIAA was stressing that they could NOT contact the users themselves, therefore Verizon had to give up confidential information. By doing this {messaging scare tactic} they invalidated their own arguments, and weakened their position overall...

    5. Re:Not really ... by bofkentucky · · Score: 5, Informative

      The RIAA and MPAA have always had the ability to track the downloads of songs, using an IP address or some ungodly hostname like pool-2-246.manhattan.ny.ny.us.fooisp.com The RIAA is asking for Verizon to hand over who was using that IP/hostname at the timestamps specified. Verizon contends that you need a real warrant, signed by a judge, to get access to their logs. I agree with that totally, but apparently they have yet to find a judge with sufficent clue.

      --
      09f911029d74e35bd84156c5635688c0
    6. Re:Not really ... by laird · · Score: 5, Insightful

      "The best point made in this article was that the RIAA was stressing that they could NOT contact the users themselves, therefore Verizon had to give up confidential information. By doing this {messaging scare tactic} they invalidated their own arguments, and weakened their position overall...

      Not so. They're IMing people at their IP addresses -- they don't know who those people are, just where they happen to be right now. To file a suit to stop someone from sharing music (illegally), they have to know who the person actually is, which is something that only their ISP would know.

    7. Re:Not really ... by zackbar · · Score: 4, Interesting

      I read your solution to the riaa/verizon fight.

      It seems to me that Verizon providing encrypted logs to the riaa would not actually be providing anything. I doubt if a judge would agree that providing even trivially encrypted logs is making them available.

      What struck me as really weird was that, in the Verizon case, the SAME judge that found for the RIAA also found for them again in the appeal. I thought the appeal would go to another judge.

    8. Re:Not really ... by Cheffo+Jeffo · · Score: 2, Informative

      Uh ... the judge did not say "what was going on wasn't illegal" ... The judgement said that the P2P mechanisms themselves weren't illegal ... the unauthorized sharing of copyrighted works is clearly illegal -- it's just not Kazaa's fault.

    9. Re:Not really ... by the_quark · · Score: 5, Interesting

      That's not actually necessarily true, they could file a lawsuit against "John Doe" and then get a subpoena to force Verizon to tell the court who the John Doe is so they can serve papers on him.

      I haven't actually read the Verizon case (and so could be very wrong) but I've always assumed that they're trying for the middle ground of being able to send formal cease-and-desist letters to the users instead of having to file actual lawsuits to get names and addresses.

      There's also an important quirk of the law, here. The DMCA makes it pretty clear that, for the big awards, the violations need to be "willful," which means that you knew you were breaking the law when you did it. Proving willfullness is notoriously difficult - this is a case where ignorance of the law is an excuse, and most people can plausibly claim that they had no idea that they were breaking the law. Unless, of course, you got a cease-and-desist letter from the RIAA telling you it was illegal...

      If the cease-and-desist letters are then ignored, the RIAA would then obviously have the option of formally filing suit. But, I believe, even if they lose the Verizon case, the RIAA can still sue the sharers as "John Doe" defendents and probably get the court to force Verizon to give the information up, anyway, in that context.

      It's going to be interesting to see how this plays out. I've been predicting this phase for years. As on a lot of other things ($.99 major-label downloads) I was a bit ahead of the curve, but I think this is an inevitable development. Copyright law pretty clearly shows that what the users are doing by sharing is illegal. Napster and the first round of p2p were easy to shut down because they ran services, and were clearly complicit in the legal violations. The next round, as the RIAA is finding, are decentralized enough that they can reasonably claim they have no check on their users' behaviors, which means that the creation of those tools is not a violation of the law.

      That doesn't, of course, eliminate the problem that what users are doing is a clear violation of copyright law. And not just the much-hated DMCA; what users do under Naptser would've been perfectly illegal in 1992 (albeit the penalties would've been insignificant since it was not-for-profit). The big change in the DMCA was to make it clear that violating copyrights even when you didn't personally profit from it was still something you could get a big damage on.

      Anyway, I've been saying for years that the RIAA's attacks against providers were going to run out and the were going to have to go after individual users. If they have the stomach for it, that'll solve the problem - after a few dozen people declare bankruptcy after receiving multi-million dollar damage awards, people will really begin to understand that when they share music, they're breaking the law, and they're not anonymous.

      The real question mark in all of this is what the political ramifications of this will be. Will there be enough public outcry to decriminalize the sharing of music? Personally I doubt it; there is too much money arrayed on the other side, and the long history of copyright in this country is an expansion of copyright. It's hard for me to imagine it going the other way.

      One way or another, though, this is finally moving to endgame. I see three possible outcomes:

      1) The RIAA fails to have the backbone to prosecute individual end-users. If this happens, the world as we know it today will exist indefinitely - lots of bluster from the RIAA and MPAA while users continue to ignore the law. This is the least likely outcome, in my opinion.

      2) The RIAA actually sues people and wins. Enourmous public outcry forces Congress to revisit the issue. Despite heavy lobbying from entertainment (and software!) interests, the portions of the DMCA that made not-for-profit distribution of copyrighted material punishable by large cash fines is rolled back, effectively decriminalizing fil

    10. Re:Not really ... by Rick.C · · Score: 0, Offtopic
      What struck me as really weird was that, in the Verizon case, the SAME judge that found for the RIAA also found for them again in the appeal. I thought the appeal would go to another judge.

      Nah, it's always best to keep incest in the family.

      --
      You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
      "Math in a song is good."-Linford
    11. Re:Not really ... by luzrek · · Score: 2, Insightful
      I think that the major threat to Kazaa and other file sharing services is actually the $.99 downloads of pretty much all music (not just the "popular" stuff). If I can download a song that I want for $.99 quickly and easily (and without restricitons on how I use it, Apple's model), I won't be inclined to take the time to steal it.

      However, while the $.99 per song quick and easy download will probably kill off Kazaa and similar services, it will also deal some serious damage to the music industry. The music industry pretty much relies on "blind buying" to get people to shell out $18 per CD when they have only heard one song, and there is only one good song on most albums. I'm pretty sure that this is a technical violation of the Anti-Trust acts. The Movie industry got into a lot of trouble in the 1940's for similar practices (forcing movie houses to buy all their products for a season in order to get access to the one or two big movies). Even if the music industry is successful with the $.99 downloads the era of the "pop-queens" and "pop-kings" is over since a single big name will no longer be enough to get people to shell out $18 per album.

      --

      Galium Arsenide is the material of the future, and always will be.

    12. Re:Not really ... by bofkentucky · · Score: 3, Interesting

      The RIAA selling some people a DVD without a legal player for *nix is also useless, but it happens every day.

      --
      09f911029d74e35bd84156c5635688c0
    13. Re:Not really ... by Blondie-Wan · · Score: 2, Insightful
      I think it's a real stretch to consider the "bundling" of songs via albums a violation of antitrust laws. An album itself is considered a creative work, not just a collection of smaller creative works. It's true the individual tracks on CDs can be listened to and enjoyed or appreciated independently of one another, but frequently an album represents an overall creative effort; artists don't randomly through a bunch of songs together (at least, not ideally), but instead they usually try to create a body of music that "goes with" each other. Yes, we all like individual songs (and I'm sure even the artists do), but good albums also have their own flow and can yield a more rewarding listening experience from listening to them in order from beginning to end than simply listening to each song once out of order and at different times over the course of a couple days. Of course, not all albums are like that; many really are just collections of songs, and not really intended as creative works in and of themselves. Many are, however, and there's no clear demarcation between which albums are overall experiences and which aren't, but rather a gradual continuum. Some albums absolutely demand to be heard as wholes, even if they do have individual tracks.

      Put another way, do you think book publishers are violating antitrust laws by not offering individual chapters of novels for sale, but instead limiting you to whole books? Yes, there's a real difference, and even a song on the most integrated, cohesive album is usually better appreciated on its own than a single individual chapter of a book - but then, the recording industry does sell singles, after all. It's true they rarely if ever offer singles of all the songs on an album, but then those are the ones that you generally don't hear unless you've already got the album anyway (and moreover, they're the ones that can be argued to be nonessential filler, if any of the tracks are).

    14. Re:Not really ... by kimgh · · Score: 1

      That wasn't the "appeal." Verizon asked the Judge that made the original ruling to reconsider. The appeal is a whole 'nother thing. Right now, Verizon has 14 days (less however many have already passed since the ruling) to seek a stay to that order or pony up. Presumably the appeals court is being asked to grant the stay... Stay tuned!

    15. Re:Not really ... by Wandering+Idiot · · Score: 2, Informative

      After this scenario, I think file-sharing gets pushed to a technology which effectively hides the content being transferred and who it's being transferred to. Unfortunately, this implies significant proxying. The ideal design would take all sharable content, break it up into encrypted blocks, and distribute them at random amongst all nodes. The files you're sharing would be discrete from the files you have on your machine (and hard drives are getting cheap enough this is feasible). When you requested a block, it would talk to a random peer, who would then proxy from 0 or more other peers.

      I'm not sure on all the technical details, but what you describe sounds remarkably similar, at least in intent, to the Freenet project. And you're right, from what I've heard, it's quite slow at the moment (although it's expected to improve somewhat with more users and newer versions of the software).

    16. Re:Not really ... by Anonymous Coward · · Score: 0

      The RIAA wins cases against the users...they don't waive the damage awards, and some people declare bankruptcy. People stop using KaZaA.


      And the decline in CD sales accelerates... Major record labels begin to repudiate the RIAA...

    17. Re:Not really ... by Anonymous Coward · · Score: 2, Interesting

      4) The RIAA sues a small number of people and wins. The vast majority of file-sharers are successfully intimidated into removing their libraries from the file-sharing services. Having been intimidated to the point of having to change their favorite behavior, those 40 million angry, upset users stop patronizing the music industry. The stop buying CDs. They give 99c downloads the big finger. CD sales crash as the RIAA boycott spreads, and average people decide that they will no longer buy music from terrorists.

      Speaking of which, in the ongoing debate over the battle between file-sharers and the music industry, one aspect that has been conspicuously missing is the fact that in the last few years, a widespread RIAA boycott movement has been forming. If you do a google search on RIAA BOYCOTT, you'll find over 8000 hits, most of which are either calls for a boycott of the recording industry, links to existing boycott sites, or articles expressing support for a RIAA boycott, yet no one ever cites this as a possible (probable) factor in the downturn in recording industry sales.

      Successful individual lawsuits against file sharers may be just the thing that the general RIAA boycott movement needs to become truly widespread and start producing positive results -- positive results being defined as sales drops that threaten the ability of the recording industry, and thus the RIAA, to survive.

    18. Re:Not really ... by Anonymous Coward · · Score: 0

      Yeah, whatever. FreeNet has been at the stage where more users and newer releases will make it usable for the last 5 years now. I imagine it has another 5 years to go, at least. FreeNet-like software created specifically for file sharing activities would fit the bill much nicer.

    19. Re:Not really ... by zackbar · · Score: 1

      Ok, that isn't so bad then.

      The story I had read about it didn't mention that they had simply asked the judge to reconsider. The story I'm referring to was about the judge refusing Verizon's request, and Verizon having 14 days. When I miss details like that, it really throws the story out of whack.

      Naturally, I can't find the story again. Not sure if it was on theregister or here on slashdot. No big deal however.

      Thanks for the update.

    20. Re:Not really ... by agrounds · · Score: 1

      You touched on some good points there, but I think the observation has to be made that very few albums of late have had more than one (if any) good tracks on them. I think that this is a fundamental argument for most people regarding the music industry as a whole. I believe that one of the biggest reasons we are seeing so many Greatest Hits albums of late selling like hot-cakes, is that by and large most people don't care much for today's synthesized-syncronized-dance-pop.

      Coporate America has managed to convert the entire music industry to Lowest-Common-Denominator-Music. Which of course fits in so nicely with the steady schedule of Lowest-Common-Denominator-TV (read: Reality TV) and Lowest-Common-Denominator-Movies. Cater to the lowest segment of society, and everyone else will accept it because they -have no alternative choice-. This has been the design from day-one, the corporations just lacked the legal backing to make it happen. We used to have four newspapers to choose from in my home city. Now there is one. Every station but two on the FM dial (one is college radio, the other is all-80s) are owned by Clear Channel. They all play the exact same lineup more or less. The rock stations play most of the same tunes as the 'mix' stations with a little classic AC/DC thrown in just to make it 'edgy'. All the venues for music and sports have been renamed to a Corporate name: Arial Theatre, Compaq Center, MinuteMaid Park, and Reliant Arena.

      What's the point? For my dollars and time, I expect something of quality. Sadly, this is exactly what is lacking most from all the corporate-owned media forms of late.

      This post brought to you by: Pepsi, AOL, Enron, Shell, and Michelin Tires

    21. Re:Not really ... by nanoakron · · Score: 1

      Amusingly...the ISPs could refuse to hold unencrypted logs, and ONLY hold encrypted ones.

      Then 'lose' the keys.

      Then for the RIAA to break the code would be against the DMCA, and they'd fuck themselves right in their collective asses.

      Would be amusing...unlikely, but amusing.

      -Nano.

    22. Re:Not really ... by EvilBudMan · · Score: 1

      Yea,

      IRC

    23. Re:Not really ... by Anonymous Coward · · Score: 0

      It seems to me that Verizon providing encrypted logs to the riaa would not actually be providing anything.


      I wonder.. what would happen when the RIAA tries to uncode the (loosely) encrypted logs that Verizon gives. Isn't that illegal according to DMCA? Hahaha..
    24. Re:Not really ... by Anonymous Coward · · Score: 0

      hey anonymous,

      you are a dumb ass!! i am a legitimate consumer. i buy my cds. i dont steal them. i think that if you talk to most honest consumers like me you will find that we dont care or are in support of the riaa. the only people bitching about this are the people that are breaking the law. i cant believe that you would call the riaa terrorists. they are just trying to protect what is theirs. cant you understad that? how about this...you invest a hell of a lot of money into a product and then i will steal it from you and give it to everyone else. lets see how you like it.

      buy your cds, quit your bitching and shut the hell up.

    25. Re:Not really ... by geekee · · Score: 1

      "The best point made in this article was that the RIAA was stressing that they could NOT contact the users themselves"

      Wrong. Just because you can contact songswapper23521, and send him an IM, doesn't mean you can find out that this person is John Smith. Your comment show a lack of understanding of technology.

      --
      Vote for Pedro
    26. Re:Not really ... by geekee · · Score: 1

      That is a stupid analogy. There is no legal obligation for the RIAA to provide you with a dvd player when you buy a dvd. When a court orders you to hand over documents, however, that is a legal matter, and you need to comply fully by law.

      --
      Vote for Pedro
    27. Re:Not really ... by Anonymous Coward · · Score: 0

      The fact that the music is theirs makes them terrorists. The music should belong to the artist who wrote it.

    28. Re:Not really ... by Anonymous Coward · · Score: 0

      Sending me an IM and probing my home computer is violation of my usage policy. Only non RIAA affiliated entities may IM me or probe my computer.

      In addition, analyzing/viewing what I am searching for is a violation of my privacy.

    29. Re:Not really ... by bofkentucky · · Score: 1

      I'm just saying that they hand over trivially encrypted files everyday that are illegal to decrypt for otherwise legal purposes. I contend that they do not have a warrant (they do have a subpeona, but that does not carry the same weight as a warrant).

      --
      09f911029d74e35bd84156c5635688c0
    30. Re:Not really ... by luzrek · · Score: 1

      You may have a point if all albums were like Pink Floyd's The Wall or The Who's Tommy or musicals such as Chess or Chicago. Unfortunately, they are not. Most of the music sold is of the "pop" variety which are purchased on the strength of one "hit" song.

      --

      Galium Arsenide is the material of the future, and always will be.

    31. Re:Not really ... by budgenator · · Score: 1

      I am going to go and get some mp3 that the right's owners allow to be freely distributed, load 'em in a p2p program and let the bots waste time checking against their lists of "illeagal" music and encourage everybody to do likewise. grind on this you stupid bots!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    32. Re:Not really ... by Anonymous Coward · · Score: 0

      Dude - this is /. - you should NEVER stand corrected!

    33. Re:Not really ... by Safety+Cap · · Score: 1
      ~ probing my home computer is violation of my usage policy.
      ~ analyzing/viewing what I am searching for is a violation of my privacy.
      When you are breaking the law, you don't have any rights.

      That is why they get to put you in a 10x8 box with bars, wash you with a fire hose, and let other inmates "probe" you repeatedly.
      Good ol Uncle Sam: the original Gay Dungeon Master!

      --
      Yeah, right.
    34. Re:Not really ... by Jasirus · · Score: 1

      Well technically that is the MPAA's fault, not the RIAA.

      --
      "Glory is fleeting, but obscurity is forever." - Napoleon
    35. Re:Not really ... by zackbar · · Score: 1

      That was the original suggestion. My point to that is if a judge orders verizon to provide the logs, verizon isn't providing the logs if they can't be legally read.

    36. Re:Not really ... by Anonymous Coward · · Score: 0

      That would be absolutely fine. (I mean, the thing about "terrorists" was pretty stupid, but whatever.) If you don't want to buy the labels' product, don't listen to their music. Record sales won't crash--most people are law-abiding citizens who buy their music instead of stealing it--and the piracy problem will go away.

      I would LOVE it if everybody who steals music instead decides to boycott the record labels. That would be GREAT.

      Of course, you HAVE to stop stealing music, though. You can't have your cake and eat it too. Also, you can't steal stuff and still claim to hold the moral high ground.

  3. Hi! CtC? by Kymermosst · · Score: 1

    Hi CtC?
    Uh, no.
    ASL plz
    get lost
    plz talk 2 me!
    plz talk 2 me!
    plz talk 2 me!
    plz talk 2 me!
    fsck off!
    y r u so mean?
    wats your name?
    damnit! leave me alone! /ignore RIAA

    --
    "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
  4. Eh? by Xenotionar · · Score: 4, Interesting

    I'm not sure I get this... they say that there's no legit use for these programs, but they only send messages out to people who are "breaking the law." Not sure about this, but if they have to single out those people, doesn't that prove that there are legal and legit uses for these products?

    I don't think I have a sig.

    --
    To vacillate or not to vacillate, that is the question... or is it?
    1. Re:Eh? by jesser · · Score: 2, Insightful

      More proof that there are legal uses for P2P services: the RIAA is using them to send short text messages they wrote, which is perfectly legal.

      --
      The shareholder is always right.
    2. Re:Eh? by mjjmoellering · · Score: 4, Interesting

      Wait... Isn't singling out people breaking the law and trying to entrap them with a clever message itself a legitimate use of the system?

      --
      Nothing's more depressing than the sight of people who believe they're following collective manias of thier own free wil
    3. Re:Eh? by Anonymous Coward · · Score: 0
      they say that there's no legit use for these programs

      I don't believe they have ever said that. In the Grokster and Streamcast case, MGM conceded that p2p had legitimate uses. That was a requirement in order for the judge to issue summary judgement. If there was a dispute as to whether or not p2p has legitimate uses, the case would have had to go to trial.

    4. Re:Eh? by Temporal · · Score: 1

      Of course the RIAA only sent the message to people who were actually breaking the law. Why would they send it to those who weren't? If they had, you would have bitched about it anyway, probably more so.

      I'm no fan of the RIAA, but I see no problem with them sending messages to people who are quite clearly breaking the law.

    5. Re:Eh? by richieb · · Score: 1
      Of course the RIAA only sent the message to people who were actually breaking the law. Why would they send it to those who weren't? If they had, you would have bitched about it anyway, probably more so.

      And how did they know these people broke the law?

      --
      ...richie - It is a good day to code.
    6. Re:Eh? by tekunokurato · · Score: 1

      substantial noninfringing use
      substantial noninfringing use
      What?
      What?
      substantial noninfringing use

      I don't think anyone ever said there was "NO" legitimate use- the law and the *AAs say there's no substantial noninfringing use.

    7. Re:Eh? by ddimas · · Score: 1

      No. It's entrapment. And how do you know that they are breaking the law? Be careful how you answer, your source of knowledge may itself be illegal.

    8. Re:Eh? by Dylan+Zimmerman · · Score: 1

      I have no mod points, so I can't give you an Insightful.

      Entrapment is exactly what they are doing.

    9. Re:Eh? by grammar+fascist · · Score: 1

      It's only entrapment when law enforcement gets you to do something you otherwise wouldn't do. Sorry about the bold, but you people just don't seem to get it through your thick skulls...

      Calling it "entrapment" just because they were being sneaky isn't going to cut it.

      --
      I got my Linux laptop at System76.
    10. Re:Eh? by Anonymous Coward · · Score: 0

      ...doesn't that prove that there are legal and legit uses for these products?

      Wouldn't simply using the product would show that there is at least one legitimate use? Otherwise they themselves have committed a crime. They should be thanking kazaa for producing such a useful product that makes it so easy to accurately identify and contact suspected copyright infringers.

    11. Re:Eh? by muzthe42nd · · Score: 1

      the way i see it is that some bright spark in the RiAA's bright spark department came up with this idea ages ago, but the idea was shot down in flames because they were arguing that there were no legal uses for KaZaA et al, but now the courts have said that there are legal uses, just illegal users, they have the green light to go ahead with the project.

      --
      Pfft - Sorry, what?
    12. Re:Eh? by Temporal · · Score: 1

      I assume they did searches for titles that they own, and sent the message to anyone sharing them.

  5. It seems to me by egg+troll · · Score: 4, Insightful
    Is this a scare tactic or an honest attempt to reform the p2p user community, or both?"


    Scare tactic. Next question please.

    --

    C - A language that combines the speed of assembly with the ease of use of assembly.
    1. Re:It seems to me by elwoodblues16 · · Score: 3, Interesting
      Scare tactic. Next question please.

      True enough, but a pretty good scare tactic for 95%+ of the population. The average computer user knows little or nothing about how their online activities can be tracked and prosecuted.

      And it must have been disturbing as hell to get one of those messages, at your own computer, in your own office or bedroom, from a weird quasi-government body who may or may not have the wherewithall to arrest you/fine you/harass you.

      The anonymity of the internet is what empowers people to download songs they have no business downloading. Without that to hide behind (or even if they think they can't hide behind it anymore), 95% of the use would drop off quickly. I'm not exactly applauding this tactic, but if they're looking to cut down on trading, it's a pretty effective idea (especially when compared to their other recent tactics).

    2. Re:It seems to me by Anonymous Coward · · Score: 0

      And the perceived value of a broadband connection drops immediately to near zero. So both the music and telecom industries lose.

    3. Re:It seems to me by spikedvodka · · Score: 1

      I'd say it's a scare tactic... but then again that might just be me. I'd be interested in seeing a screen shot of the actual message, and anything in that message that indicates that it did actually come from the RIAA

      now... if anybody gets any such messages,reply to it, saying "I do not wish to be contected by you" keep a screenshot, (sign it, for a date stamp) and then if you get another one. sue the RIAA for harasment.

      See if we can't put them out of business.

      --
      I will not give in to the terrorists. I will not become fearful.
  6. How was this I,M. sent? by mark-t · · Score: 1

    The article was sketchy... what I.M. service was used to convey the message?

    1. Re:How was this I,M. sent? by Chemical · · Score: 1

      Kazaa and Grokster's built in IM feature

    2. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      The article was sketchy... what I.M. service was used to convey the message?

      Sigh...try reading the article a second time, slowly:

      "The RIAA said that by using song titles, it was identifying users who were posting copyrighted songs for others to download as targets for the messages, which were sent through the peer-to-peer networks' own systems."

    3. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      Kazaa allows you to message other kazaa users, so I had assumed it was through their software. Still 200'000 messages is a lot, you think the service would have booted them.

    4. Re:How was this I,M. sent? by Smokey · · Score: 1

      You are able to send messages to other Kazza users and I assume you can as well with Grokster.

    5. Re:How was this I,M. sent? by Danga · · Score: 1

      Well I know Kazaa has a built in messaging system. So all the RIAA had to do was find a person sharing copyrighted material and then do a "send message to this user".

      I also like how the message they sent to the users said the users could "easily" be identified. YEAH RIGHT

      --
      Hey, there is only one Return and it's not of the King, it's of the Jedi.
    6. Re:How was this I,M. sent? by pantropik · · Score: 2, Informative

      They are using the built-in messaging facilities of the P2P clients themselves.

      I wonder how long it'll be before they start doing pop-up spam ... er, I mean "educational alerts" ...

    7. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      That's great, and redundant. How the fsck else would they get the message without it going through their network? ESP? That doesn't mean they didn't write their own client, something I'll bet 500 MP3s they did. Try not assuming things mr AC.

    8. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0
      "I also like how the message they sent to the users said the users could "easily" be identified. YEAH RIGHT"


      Perhaps you can't be identified easily, but there are plenty out there that are oblivious to the fact that their computer has a unique address that it is indeed broadcasting to anything it's connected to. Most people wouldn't go through the trouble of setting up a router to mask their IP, they don't browse with an anonymous proxy, and they don't care that they don't. The small percentage who have taken "precautions" probably just disregard the message anyway. That's not the point. This is a scare tactic, those who are going to be scared by this are the same people who probably know next to nothing about computers, the internet, and how to use it safely/properly.

    9. Re:How was this I,M. sent? by iannn · · Score: 1

      Does anyone know the username the RIAA used? Would it be possible to pre-emptively block them?

    10. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      "you think the service would have booted them"

      If Kazaa had any control over 'their' network, they would have been shut down long ago.

    11. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      Heh. Like that means anything. My KaZaA username is "defaultuser". Prior to upgrading, it was "kazaaliteuser". KaZaA usernames aren't unique.

    12. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      How the fsck else would they get the message without it going through their network? ESP?

      Well, since you asked, supposing Kazaa and Grokster did not support instant messaging, it would be possible to use Windows Messenger to send messages to the users, provided the sender can determine the users' IP addresses, the users are running Windows Messenger and the appropriate port is open on the users' machines.

      That doesn't mean they didn't write their own client, something I'll bet 500 MP3s they did. Try not assuming things mr AC.

      Well, according to all the other replies, the messages were sent through Kazaa's and Grokster's own IM feature. Apparently everyone else interpreted the parent poster's question the same way I did. The parent poster asked which service was used, not what client.

      I could use a third-party client like Miranda to send messages to an ICQ user; if someone asked me what service I am using, I still would have to say ICQ, wouldn't I?

    13. Re:How was this I,M. sent? by Anonymous Coward · · Score: 0

      "This is a scare tactic, those who are going to be scared by this are the same people who probably know next to nothing about computers, the internet, and how to use it safely/properly."

      Given that is "most people", RIAA wins.

    14. Re:How was this I,M. sent? by argoff · · Score: 1

      Yeah, that's my question too. How did they do that ... I want to do it too, that is with quotes from a protest aginst copyrights

  7. "Stealing music" ? by Anonymous Coward · · Score: 0

    Do the owners of the music lose it after you steal it? if not, it's not stealing. Looks like the people you are accusing of not knowing the basics know the basics better than you do!

    What it boils down to is that companies who don't want to admit that their methods are outdated and move on to better systems are trying to clamp down on any form of progress, and punish forward-thinking individuals.

    Imagine if, in the 1930s, the powers that be decided that car companies were just becoming too big for comfort and decided to put a stop to it. I can see it now:

    Aussies Face Jail Over Cars

    After many years of battling, the RIAA has decided to pressure world governments into stopping the spread of illegal transportation devices known as cars.

    "We tried to go after car manufacturers, but have had no luck, so we are going after car-owing individuals," explains the RIAA representitive we chatted to.

    "What people don't realise is that by accepting and using this illegal means of transportation, people are losing their jobs. Horse breeders don't get a cent from these illegal car networks."

    The jail term for using a car instead of a horse in Australia is 5 years.

    Sounds ridiculous, doesn't it? Well so is jailing MP3 file traders.

    1. Re:"Stealing music" ? by pantropik · · Score: 1

      This is quite possibly the worst analogy I've ever seen.

      I'm speechless ... bravo.

    2. Re:"Stealing music" ? by NewtonsLaw · · Score: 2, Interesting

      Do the owners of the music lose it after you steal it? if not, it's not stealing.

      Maybe not -- but if you deprive them of the income they might otherwise have earned by way of sales -- there's a case to argue that piracy is a theft of money even if it's not the theft of music itself.

      The problem we face here is that until recently, the only way the market could express its dissatisfaction with the quality or price of a product was not to buy it.

      Thanks to P2P networks, digital duplication and the like, that same market can now voice its dissatisfaction by not buying the products concerned -- but using them anyway.

      One could argue therefore that the industry is losing no money because those who pirate this stuff would not have bought it anyway.

      I hope the RIAA has thought this whole thing through very carefully.

      What are they going to do if, once they've killed all the pirates, sales don't improve?

      Surely there'd be at least a moral case for the pirates to say that they were falsely blamed for the industry's woes and file a class-action defamation suit :-)

      To the RIAA -- beware of what you wish for, you may find it's not what you want.

    3. Re:"Stealing music" ? by Zakabog · · Score: 1

      Wow... just... wow...Never saw so much stupidity radiating from one person, please just let me catch my breath here.

      Do the owners of the music lose it after you steal it? if not, it's not stealing. Looks like the people you are accusing of not knowing the basics know the basics better than you do!

      The owners of the music lose money from you downloading their entire album and burning it to CD instead of going out and buying the album, not saying the CD's are reasonably priced, or that the artist loses that much money, but they do lose money. And you're sharing copyrighted materials with the public, not to people you know personally, just everyone, that's illegal. Not saying the RIAA is right, just that you're wrong.

      What it boils down to is that companies who don't want to admit that their methods are outdated and move on to better systems are trying to clamp down on any form of progress, and punish forward-thinking individuals.

      Yeah a much better way of making money off of record sales would be to stop selling the music entirely and give it away free on file sharing networks, right... Still, not saying there isn't a better way, just that you're saying p2p networks are that better way with nothing that would back it up in any way, and the way the p2p networks are now, it's not a better way.

      Imagine if, in the 1930s, the powers that be decided that car companies were just becoming too big for comfort and decided to put a stop to it. I can see it now:

      What the hell are you talking about... The people who made money off other methods of transportation during the 1930s would have nothing to say against car companies, sure they're losing a lot of money due to car sales, but it wasn't illegal. It was completely fair competition and has nothing to do with p2p networks today. Besides in 1930 the car companies were rather large and would have the money to fight off any claims that their method of transportation is illegally taking away money from people who make horse drawn carriages.

      Sounds ridiculous, doesn't it? Well so is jailing MP3 file traders.

      Your whole post is ridiculous, jailing MP3 file traders is more valid than jailing people who manufacture cars. Car manufacturers make cars legally, it's like making computers, telivision sets, lawn chairs, or any other product that can be manufactured. MP3 trading is taking a copyrighted work that you don't own and illegally sharing it with millions of people.

    4. Re:"Stealing music" ? by srvivn21 · · Score: 1

      Do the owners of the music lose it after you steal it? if not, it's not stealing.


      Maybe not -- but if you deprive them of the income they might otherwise have earned by way of sales -- there's a case to argue that piracy is a theft of money even if it's not the theft of music itself.


      Then be honest and call it "Theft of potential revenue".

      This rant is not aimed at you. It's aimed at those who continue to defend the practice of calling it stealing music. It's not STEALING MUSIC. The music is still there. It's copyright infringement. *sigh*
  8. Damnit! Corrected version... Re: Hi! CtC? by Kymermosst · · Score: 4, Funny

    Hi CtC?
    <user> Uh, no.
    <RIAA> ASL plz
    <user> get lost
    <RIAA> plz talk 2 me!
    <RIAA> plz talk 2 me!
    <RIAA> plz talk 2 me!
    <RIAA> plz talk 2 me!
    <user> fsck off!
    <RIAA> y r u so mean?
    <RIAA> wats your name?
    <user> damnit! leave me alone! /ignore RIAA

    --
    "Alcohol, Tobacco, Firearms, and Explosives" should be a convenience store, not a government agency.
  9. right.... by Anonymous Coward · · Score: 1, Insightful

    so they think that a message that is generic sent to everyone on a network will make it stop? it might be frightening if it is done by a real person one on one otherwise id call it more spam than an IM.... no diffrent then the FBI warnings on the videos i back up *shrugs*

    1. Re:right.... by smittyoneeach · · Score: 1

      Stop, or I'll say 'stop' again...
      I don't mind paying to keep Joe Satriani in guitars...and I guess these lawyers deserve to eat, too.
      How can I pay Satch to keep jamming, feed the lawyers, and drop a MOAB on the RIAA? One good FLAB (Four Letter Acronym Bit) deserves another, right?

      --
      Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
    2. Re:right.... by Anonymous Coward · · Score: 0

      I hate to break it to you, but Joe Satriani is a wanky, aimless noodler, second only to Jerry Garcia.

    3. Re:right.... by Anonymous Coward · · Score: 0

      Spoken like a truly jealous A/C.

  10. Re: Hi! CtC? by the_bahua · · Score: 1

    The RIAA talks like high school immers? I thought they just acted like children. I didn't know they typed like them.

  11. It's a JOKE... It must be.. by TheCeltic · · Score: 0, Troll

    Come now.. the biggest theives ever (the recording industry) telling others they are theives? HAHAHAHA..

    --
    =-=-=-=-=-=-=-= - The Celtic - =-=-=-=-=-=-=-=
    1. Re:It's a JOKE... It must be.. by Anonymous Coward · · Score: 0

      Much like one of the biggest terrorist states ever, the USA, has the balls to call others "terrorists".

  12. Does anybody remember Napster? by Cobralisk · · Score: 2, Informative

    "User banned by Metallica" dialog boxes, as well as a scare that "they" knew who you were, and had your name, email, and whatever else logged.

    --
    Waiting for ad.doubleclick.net...
  13. Legality issues aside, by Tensor · · Score: 2, Funny

    I bet that this worked for them. At least for a few days.

    I know a lot of ppl who would stop trading songs online and be a bit scared after that. Specially if they live in the us where personal liberties are not in an all time high, and the riaa/mpaa hold a lot of sway.

    I guess that after a few days of reading online how the courts ruled agaist them and yadda yadda trading would resume.

    I use kazaa for trading of tv shows because as i am not in the us i can't enjoy the pleasures of PVRs and building my own for a few shows is not worth it. I used audiogalaxy for music as i could find there the stuff i like, but not kazaa so i don't have a normal paramater with which to check against. But i bet that similar searches on popular music a few days ago and tomorrow will show significant difference in found sources

    1. Re:Legality issues aside, by EvilSporkMan · · Score: 1

      Why bother stopping? Just resort to small inside trading among friends, use whatever protocol you like. If you hang out with people who like your kind of music, you won't have to bother with a file-sharing app, and you can get along just fine. There are ways to encrypt conversations over Instant Messaging, as well...Trillian's SecureIM feature comes to mind.

      --
      -insert a witty something-
  14. Rosen's Last Stand... by DarwinDan · · Score: 5, Insightful
    The RIAA is doing this out of utter desparation.

    They simply cannot subpoena Grokster or KaZaA (thanks to the recent ruling) for users' names -- let alone actually find their e-mail address to send a nastier C&D 'letter'.

    By doing this, the RIAA is basically admitting to the fact that they have lost their stranglehold on the music industry's implementation of non-DRM (or DRM lite) technology.



    --
    $DEITY bless $NATION
    1. Re:Rosen's Last Stand... by Loki_1929 · · Score: 4, Informative

      "They simply cannot subpoena Grokster or KaZaA (thanks to the recent ruling) for users' names -- let alone actually find their e-mail address to send a nastier C&D 'letter'."

      Forgetting the Verizon rulings so quickly? They just wanted to sue the companies that make the software out of business. In terms of going after the users, they've got court backing on that one - they simply go to the ISP. Heck, they don't even need a warrant, judge's order, or even probable cause.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    2. Re:Rosen's Last Stand... by Ieshan · · Score: 1

      Yeah, but they can easily look at IP addresses, which as far as I know, are still traceable.

    3. Re:Rosen's Last Stand... by Ryan+Amos · · Score: 1

      Nevermind you don't need a username/e-mail to connect to Kazaa. Most people use an anonymous one.

    4. Re:Rosen's Last Stand... by ahfoo · · Score: 1

      Yes, but what does an IP mean in court?
      This is why the Verizon case is going to get dragged out forever. The MPAA/RIAA want to pretend that it's a cut and dried case of the ISP can pin an IP to a specific individual, but it's not quite that simple. There are all sorts of details and exceptions. The ISP does have an IP number in a log. That much is black and white, but anything else beyond that is going to involve numerous issues. If you doubt it, look at some child pornography cases. It's not as simple as you might think. If you want a computer crime prosecution, you better be prepared to seize equipment and fight for jail time and be ready for counter suits. Child porn or big time digital theft cases often go to these extremes to make cases stick where an airtight case can be made for extended jail sentences, but I have a hard time seeing these guys pushing for jail time and seizures of equipment. That's what they need to win in court.
      Then again, weed is a felony in many states. Who knows. But an IP in an ISP's log is not going to cut it.

    5. Re:Rosen's Last Stand... by Motherfucking+Shit · · Score: 2
      In terms of going after the users, they've got court backing on that one - they simply go to the ISP. Heck, they don't even need a warrant, judge's order, or even probable cause.
      Even if the information is so readily available (sigh), RIAA still has to do something with it. I think the point the grandparent post was trying to make is that even the RIAA isn't about to send snailmail C&Ds to - much less file lawsuits against - hundreds of thousands of people. Using the messaging systems of the filesharing apps, they can try to get their message out on the cheap. It beats paying for, what, half a million registered letters going out.

      They've already tried the tactic of "making a few examples" and they see that it's not really scaring anyone. Of course, they fucked themselves on that angle; if they'd sued for $10,000 instead of $97 Billion, that case might actually have a chance of succeeding. A $10K ruling against some college kids would, I think, get out the message that "hey, they really are serious, and I don't have $10K to take the chance." But nobody is intimidated by nonsensical lawsuits seeking $97B.
      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    6. Re:Rosen's Last Stand... by Anonymous Coward · · Score: 0

      "They simply cannot subpoena Grokster or KaZaA (thanks to the recent ruling) for users' names -- let alone actually find their e-mail address to send a nastier C&D 'letter'."

      Oh man, I though they were gonna send me a nasty CD and a letter... phew!

    7. Re:Rosen's Last Stand... by Anonymous Coward · · Score: 0

      Yeah? Trace this one 127.0.0.1 (sigh)

    8. Re:Rosen's Last Stand... by Anonymous Coward · · Score: 0

      Yeah? Trace this one 127.0.0.1 (sigh)

      Yeah? That's not exactly p2p network, dude.

  15. The RIAA should just give up. by HanzoSan · · Score: 1



    Its pointless to fight technology and progress. It slows and stops innovation and for what? I thought the whole point is to promote progress?

    --
    If you use Linux, please help development of Autopac
    1. Re:The RIAA should just give up. by benna · · Score: 2, Funny

      No the whole point is to promote money. If you want progress you will have to find the politi....oh nm its not worth the bad karma.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    2. Re:The RIAA should just give up. by zutroy · · Score: 1
      RIAA = companies.

      The main job of a company is to make money.

      Progress is usually, but not always, a side effect of making money.

    3. Re:The RIAA should just give up. by Anonymous Coward · · Score: 0

      Technology has always been used by those in power to enslave and subdue the rest of the population. I am not an enemy of innovations, but I think that like anything else it is not a panacea for the greed and corruption that characterize the ruling elite.

    4. Re:The RIAA should just give up. by benna · · Score: 1

      /me tries to think of a fitting quote from the communist manifesto but can't.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    5. Re:The RIAA should just give up. by Loki_1929 · · Score: 1

      "Its pointless to fight technology and progress. It slows and stops innovation and for what?"

      To slow people down, giving time for the major providers like Comcast and AOL (Time Warner) to turn the internet into a mindless computerized cable television content delivery service. Once the major content providers seize control over the vast majority of users, they can simply knock out applications like Kazaa and the like on the ISP level, while steering internet surfers toward purchasing more unnecessary, overpriced, mindless garbage; much like what was done with television. In the mean time, the RIAA and MPAA are trying to buy time, hoping their member drone multinational monopolies can get this whole internet 'thing' under control before their content stranglehold is broken by the masses.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    6. Re:The RIAA should just give up. by Anonymous Coward · · Score: 0

      Don't feed the trolls.

    7. Re:The RIAA should just give up. by Anonymous Coward · · Score: 0

      The whole point of every action taken in a capitalist system is to generate profits for the ruling class.

      If you're lucky this may result in innovation, if you are unlucky, like 2/3rds of the worlds population, it will result in economic exploitation.

    8. Re:The RIAA should just give up. by evilviper · · Score: 1

      You can't find a quote about scaring people into submission?

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    9. Re:The RIAA should just give up. by HanzoSan · · Score: 1



      Copyright was put in place to promote progress, not to help companies keep their monopolies and act as a corperate welfare system.

      --
      If you use Linux, please help development of Autopac
    10. Re:The RIAA should just give up. by Anonymous Coward · · Score: 0

      The point is not to promote progress the point is and has always been to promote profit. Wake up!

    11. Re:The RIAA should just give up. by Anonymous Coward · · Score: 0

      Ya thats what historical idealists say but why was it REALLY put in place?

    12. Re:The RIAA should just give up. by Anonymous Coward · · Score: 0

      You'd be more likely to find those kinds of references in Trotsky's writings than Marx's. But 65% of all performance artists and 71% of all leftist dictators agree that Pol Pot was the one who brought it to a fine art. Marx was too analytical to get into what you're thinking. But at least you're proud to be paranoid. Wave the flag proudly bro.

  16. i got a msg from madonna by potmos · · Score: 2, Funny

    Someone kept repeat messaging me "What the F**K do you think you're doing?" so I replied, "I'm download your album BIACH!"

  17. warning or not, it doesn't matter by Anonymous Coward · · Score: 0

    They want as little song swapping as possible, because
    they assume that
    (fewer songs downloaded)=(more songs purchased).
    They don't care whether it is perceived as a scare
    tactic or a warning, as long as less songs are downloaded.

    Come to think of it, sending out that warning would
    make people they take to court more culpable, being
    that they had been warned.

  18. Kazaa has chatting?!? by natron+2.0 · · Score: 1

    I have yet to see a single person actually use Kazaa or anyother P2P ware to chat. I don't see this being a very good tactic for the RIAA to use. Half those people sharing files on Kazaa are not even at thier PCs most of the time to see these messages anyway. Better luck next time RIAA!

  19. Sadly by andy_fish · · Score: 5, Insightful

    ..this move of theirs will probably be effective with some people. It'll work for the same reason that the "buying marijuana fuels terrorism" ad campaign works, because the average person is dumb.

    --
    & I wish I knew the password to your heart . . . &
    1. Re:Sadly by benna · · Score: 3, Funny

      Yeah but that means we have to find an equivalent to the "having SUVs supports terrorism" ads to fight back with.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    2. Re:Sadly by subsonic · · Score: 2, Insightful

      The drug war and the file-sharing war are very different animals. No one has ever OD'd on music, nor is it generally considered harmful to your health. Not to mention this is a private organization going after people, and not the government. I have a feeling this won't work very well at all. For many of the reasons originally posted but primarily for the fact that they can't sue us all.

      And by the way. Did that many people really believe that ad campaign? I thought it was a pretty widely known fact that most marijuana bought in the US is grown in the US.

    3. Re:Sadly by pantropik · · Score: 0, Offtopic

      Yeah, a guy I knew used to grow and sell it to feed his wife and kid.

      Hey, it was either that or get a job ...

      But still ... a terrorist he was not. The closest he ever got was getting drunk and shooting at road signs.

    4. Re:Sadly by Doobian+Coedifier · · Score: 2, Informative
      No one has ever OD'd on music

      No one has ever OD'd on weed, either. Maybe cheetos...
    5. Re:Sadly by RyuuzakiTetsuya · · Score: 1, Interesting

      hillary rosen and her gang are engaging in online terrorism and scare tactics.

      "Buy CDs and you support terror!"

      --
      Non impediti ratione cogitationus.
    6. Re:Sadly by startled · · Score: 1

      I keep hoping their strategy of putting out really, really awful music will finally be effective. Unfortunately, it doesn't even work as well as the marijuana==terrorism campaigns.

    7. Re:Sadly by Anonymous Coward · · Score: 0

      Okay. But what about the vast majority of the marijuana bought in the United States? It comes from drug cartels in Mexico and Latin America. That money goes (indirectly, through your dealer) to fuel the Central American drug trade, which is responsible not only for horrible acts of violence but also for turning millions of Americans into potheads.

      It's heroin that's the real killer. Much of the heroin on the US market comes from Southeast Asia, but a good deal comes from Southern Asia and Asia Minor, and is sold specifically to fund terrorist organizations in those parts of the world and elsewhere. So yeah, by buying drugs you really ARE supporting terrorism. But that's kinda secondary. People who use drugs-- pot, coke, heroin, whatever-- are fucking losers, and of that there is NO doubt.

    8. Re:Sadly by Anonymous Coward · · Score: 0
      ?People who use drugs-- pot, coke, heroin, whatever-- are fucking losers, and of that there is NO doubt.

      Yeah, say that shit next time you speak to your doctor, or catch a bus, or order food, or get your car fixed, or speak to your lawyer, shrink or friends. People who use drugs too much are losers, but don't over-extend yourself, buddy. That's like saying "people who drive red cars are all losers", thesedays.

    9. Re:Sadly by Anonymous Coward · · Score: 0

      So are people who use language like that in public ...

    10. Re:Sadly by tconkling · · Score: 1

      As far as I've heard, the anti-drug/anti-terrorism campaign has proved thus far to be a failure. I think people might be smarter than most slashdotters give them credit for.

    11. Re:Sadly by maxpublic · · Score: 1

      I thought his point was both succinct and dead-on.

      Your point, however, was nothing more than a mindless slam against both the poster and /., with no contributive value whatsoever. Had I any mod points I'd mod you down, for unlike you I'm not a spineless pussy.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    12. Re:Sadly by vorpal22 · · Score: 0, Offtopic

      People who use drugs-- pot, coke, heroin, whatever-- are fucking losers, and of that there is NO doubt.

      What about people who drink alcohol and smoke cigarettes? Are they, as you so eloquently put it, "fucking losers" as well?

    13. Re:Sadly by vorpal22 · · Score: 0, Offtopic

      People who use drugs-- pot, coke, heroin, whatever-- are fucking losers, and of that there is NO doubt.

      And even better... what about coffee drinkers?

    14. Re:Sadly by sg3000 · · Score: 1

      > Yeah but that means we have to find an equivalent to the
      > "having SUVs supports terrorism" ads to fight back with.

      Here you go!

      --
      Insert simplistic political, ideological, or personal proselytization here.
    15. Re:Sadly by Anonymous Coward · · Score: 0

      Do you really think one single person actually stopped smoking weed because of those comercials? I highly doubt it.

    16. Re:Sadly by Anonymous Coward · · Score: 0

      Oh, that's so much bullshit. You can get together with your little pothead friends and tell yourselves you're part of the cool crowd all you want, but the bottom line is that people who use drugs are a TINY, INSIGNIFICANT minority for fringers and nutballs.

      I've about had it with you druggies and stoners saying things like "it's not addictive" and "everybody does it" and "it's a victimless crime." None of those things is true, and everybody knows it. By continuing to repeat those old lies you're just proving the point that druggies are fucking losers.

    17. Re:Sadly by Anonymous Coward · · Score: 0

      Yes. They're fucking losers. Especially smokers. They're idiots. I can't stand smokers.

      People who drink alcohol for its effects are fucking losers, too. People who drink alcohol because they enjoy the taste but who don't consume it in sufficient quantity to alter their senses are fine. But people who drink to get drunk are fucking losers, yes.

      Same with people who drink coffee solely for the buzz. I enjoy coffee. I don't like what caffine does to me. So I drink decaf, which tastes the same (when you get the expensive stuff) but has so little caffine in it that I can't feel its effects.

      Anybody who uses a drug to recreationally alter their senses or their personality is a FUCKING LOSER.

    18. Re:Sadly by Anonymous Coward · · Score: 0

      canadian farmers aren't terrorists.

      all we want to do is chill out, maaaaan...

    19. Re:Sadly by sik0fewl · · Score: 1

      I'm sure there was one, but any more than that is giving the ads a lot of credit. In fact, more terrorists in America probably started smoking up to fund their cause.

      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
    20. Re:Sadly by Abcd1234 · · Score: 1

      Ahh good, consistency... I may disagree with you, but at least you're consistent.

      It's the people who, for example, villify weed and get drunk at office parties which really piss me off.

    21. Re:Sadly by bnenning · · Score: 1
      we have to find an equivalent to the "having SUVs supports terrorism" ads to fight back with


      I'm not sure if it's true, but I've heard that during the 1990s many CIA resources were diverted from investigating terrorist groups to fighting international movie and music piracy.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    22. Re:Sadly by Anonymous Coward · · Score: 0

      hey im a pot head, and i havent smoked for 3 weeks now. is it really addictive? im doing just fine. also can you tell me who suffers from me smoking in my bedroom and watching winamp visuals? if there are any victims it is only because they wont legalize it, you dont see people getting shot over cigaretts do you? alcohol is a far worse drug than weed and nicotene but drinking is widely accepted, why is that?

    23. Re:Sadly by Anonymous Coward · · Score: 0

      Hey i got something for you, YOU are a fucking loser for telling me what i should or should not do with my own body. fuck you and fuck your ideas. in fact, i dont think you should be able to express your ideas freely anymore. youre a fucking loser if you do so. you probably wont like it very much when i tell you what to do but i dont give a fuck cause youre a fucken loser so shut up.

    24. Re:Sadly by Anonymous Coward · · Score: 0

      is it really addictive?

      Yes. If you're not addicted, stop. And I don't mean stop "for three weeks now." I mean stop permanently.

      also can you tell me who suffers from me smoking in my bedroom and watching winamp visuals?

      You do. Obviously. Consider the fact that you're barely literate. Now consider the fact that you're a fucking pothead. Now ask yourself if there's some kind of a connection between those two.

      you dont see people getting shot over cigaretts do you?

      No, but I do see people killing themselves and harming others with them. I'm all for banning cigarettes.

      alcohol is a far worse drug than weed and nicotene but drinking is widely accepted, why is that?

      Because it's not a "far worse drug" than marijuana or tobacco. It's not inherently addictive; marijuana and tobacco both are. It's not inherently harmful; marijuana and tobacco both are. In moderate amounts, the body has no problem metabolizing alcohol with absolutely no ill effects. But any amount of marijuana or tobacco smoke damages your lungs and your brain. Pot and cigarettes are both far worse for a person than alcohol is.

      That said, people who drink alcohol solely for its effects are fucking losers, too. People who drink wine with dinner or something like that are fine, but people who drink to get drunk suck.

      Just like you suck, you fucking illiterate dopehead.

  20. A little odd... by Loki_1929 · · Score: 1

    [RIAA] There are no legal uses for this software; it's just for thieves!

    [Kazaa] There are plenty of legal uses, your honor...

    [RIAA] Not a chance, thieves! Judge, there's not one legal thing that can be done with this junk!

    [Judge] I'm hereby ruling in favor of Kazaa, as I think there are some legal uses for it.

    [RIAA] Hogwash! In that case, we'll use their software to send instant messages to all the users! Ha ha!

    [Kazaa] But doesn't that prove...

    [RIAA] Yes! We will use the infidel's own pirate software against them!

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  21. my response by GregoryD · · Score: 5, Funny
    RIAA: "It appears that you are offering copyrighted music to others from your computer. ...When you break the law, you risk legal penalties. There is a simple way to avoid that risk: DON'T STEAL MUSIC either by offering it to others to copy or downloading it on a 'file-sharing' system like this. When you offer music on these systems, you are not anonymous and you can easily be identified."

    Me: "Man the desperate things you try... How does it feel to be obsolete? Artists don't need you anymore. Consumers don't need you anymore. I hear your industry fading. Better brush up on your customer service skills, your gonna need them in your new job at Mcdonalds. If they hire form scum sucking executive types. ah... I hear the clock... tick tick tick tick"

    1. Re:my response by slarti · · Score: 1

      Here where H Rosen's new digs are? She gets to make up the IP regs for a whole country. Remember we're just "liberating them".

    2. Re:my response by Rande · · Score: 1

      Yes, in future I'll avoid this risk by simply shoplifting it.
      The amount of bandwidth I can get by doing this is phenomenal! 700M in 1/2 second!

      Well, except of course that they don't sell any music I want to listen to, so why bother stealing it.

    3. Re:my response by MrFredBloggs · · Score: 1

      >When you break the law, you risk legal penalties

      MY PROFITS!! THE THREATS...THEY DO NOTHING!!!

    4. Re:my response by tconnors · · Score: 1

      riaa:...

      me:....


      Hmmm. Did they anonymise the sending address, or bounce an error back to you if you tried to reply, so you couldn't reply to them? If so, I am sure you could get them under under the DMCA.

    5. Re:my response by Rai · · Score: 1

      "When you offer music on these systems, you are not anonymous and you can easily be identified."

      Fine. Tell me my name and I'll delete all the mp3s on my computer right now. What's that? Court order? Yeah, right...

  22. Out of curiosity by Anonymous Coward · · Score: 0

    when you log onto certain people's servers on IRC (the types of which will remain unmentioned) they sometimes put up a disclaimer saying "if you are a member of a law enforcement agency, blah blah, etc, etc..." Could that be done on file swapping networks, and would it have any bearing? I ask because, why would so many people on IRC do it if it didn't matter at all? I suppose it would have been done already if it mattered on kazaa.

    1. Re:Out of curiosity by GregoryD · · Score: 1
      Waste of time.

      Typing out stupid paragraphics of legal disclaimers mean nothing when a law enforcement agency is investigating.

    2. Re:Out of curiosity by benna · · Score: 1

      Where would you put it on kazaa anyway. In all of your file descriptions?

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    3. Re:Out of curiosity by number11 · · Score: 1

      Typing out stupid paragraphics of legal disclaimers mean nothing when a law enforcement agency is investigating.
      True. However, the RIAA is not a law enforcement agency.

    4. Re:Out of curiosity by Anonymous Coward · · Score: 0

      They do own the law enforcement agencies though.

    5. Re:Out of curiosity by mobileskimo · · Score: 1

      No. They just pretend they do. And most people go along with it. Cause they are so scarey... and so tricky.

      Actually, we had a visit from their RIAA Asian counterpart organization in S.Korea. It was pretty funny when one of OUR boys brought in his pal from the mayors office and had them kicked out.

      They think they're hot shit. If you push back you'll realize that it's alot of hot air. Threats, scare tactics and terrorism has been a very successful model for them... in the old days. Now that more people are educated and simply don't TAKE THEIR SHIT, their ways will change (prob for the worse). They aren't stupid either, they're probably in meetings all the time now scheming some new ways to "influence" their "audience".

      --
      "Last one in is a rotten goblin!" - Kepp
  23. This is the right way for the RIAA to do it by zutroy · · Score: 3, Insightful

    I'm no fan of the RIAA, but if they want to destroy the fileswapping systems, this is the way to do it. Sue some kids with gigs of shared songs and send warnings to everyone else telling them "It could happen to you!" What's more, the latest legal judgements make this method pretty much the only way the RIAA can fight back. Now it's our job to make the connections completely untraceable, sending the RIAA back to the drawing boards. All this is doing is forcing the software community to innovate even more. Don't think of it as a bad thing, it's software evolution in action!

    1. Re:This is the right way for the RIAA to do it by tankdilla · · Score: 1
      Another thing the RIAA could do is get some thugs on payroll and get some justice on their own. If I were them I'd be tired of wasting all that money on the legal system. I'd want my money to go toward kickin some ass.

      oh yeah that's a joke RIAA don't really do that. i'll sue if you do.

      --

      -Look lively. LOOK LIVELY!!! --Mr. Shmallow

    2. Re:This is the right way for the RIAA to do it by Anonymous Coward · · Score: 0

      if they want to destroy the fileswapping systems, this is the way to do it. Sue some kids with gigs of shared songs and send warnings to everyone else telling them "It could happen to you!"

      This is what really makes me angry. If a law is just it should be enforced always and fairly. If it is unjust, it should be made not a law. But a law which is enforced solely to "make an example" is not cool. It is wrong because it blinds people to the stupidity of some laws.

      If drug laws were enforced perfectly, a huge chunk of society (including your president and his brother's kids) would be in jail. If copyright laws were enforced perfectly, there would be no college students left, and the country would lose its educated edge. In this case, society would immediately realize that the american copyright laws are absurd.

      But this never happens because laws aren't enforced well. And when they are only enforced in a half-assed manner, a few people are scared away and much more people remain, drawn away from society and into a rage-against-the-machine counter culture which puts them at odds with the man.

      Meanwhile, those whose interests are at stake push for harsher laws to squash out the counter culture and the whole thing just spirals out of control (as we are seeing now).

      And nobody bothers to take a minute to examine the underlying social trends, a shifting morality, nobody stops for a minute to think things through rationally.

      Well, maybe a few do - Lawrence Lessig is something of a personal hero for me. Nevertheless, the point remains that the RIAA's intentions and methods are about the worst that society could hope for at this juncture.

    3. Re:This is the right way for the RIAA to do it by pantropik · · Score: 1

      Making an "untraceable connection" might be a really bad idea ...

    4. Re:This is the right way for the RIAA to do it by Anonymous Coward · · Score: 0

      would be flooding these systems with bad quality files - or songs that cut out half way through to a message telling you how bad pirating is.

      If it becomes a hassle to download what you want, you might consider paying money

    5. Re:This is the right way for the RIAA to do it by Anonymous Coward · · Score: 0

      Well, we've already got an untraceable P2P imp:

      <a href="http://freenetproject.org">FreenetProject.or g</a>

      and the corresponding app, FraZaa is in the works. So, set up a node today and help Freenet grow.

    6. Re:This is the right way for the RIAA to do it by pod · · Score: 1

      Hmm, and what legal judgments would those be, eaxctly?

      --
      "Hot lesbian witches! It's fucking genius!"
  24. FreeNet by Anonymous Coward · · Score: 5, Insightful

    So, it would seem that we need a peer-to-peer service that is built with the following attributes:

    -completely anonymous users, file transfers, hosts, etc.
    -reliable and stable structure
    -decentralized topology
    -efficient data management
    -and complete deniability (I didn't host that file, or I didn't download that file, as member's cant control content on the network)

    Well, I don't work for FreeNet, or their developers, but I did have to read a paper on FreeNet for school, and FreeNet does do all that.

    I guess it's time to make the switch to FreeNet.

    1. Re:FreeNet by cheshiremackat · · Score: 1

      honest question... not trolling, but...

      Wouldn't the aspects of freenet that are anonymous also make it really easy for the RI/MPAA to salt files on the network...

      P2P is not much use if all the files (or most) are crap...

      _CMK

      --
      Bad spellers of the world untie!
    2. Re:FreeNet by pHDNgell · · Score: 1

      Not exactly. Freenet works very much like the WWW. If you get your music from a trusted ``site,'' you'll get good stuff. It's an interesting thing to play with, but since it was eating up all of my bandwidth (and still quite slow), I ended up disabling it at home.

      --
      -- The world is watching America, and America is watching TV.
    3. Re:FreeNet by caluml · · Score: 2, Insightful

      Something completely anonymous? Care to help us out?

    4. Re:FreeNet by Anonymous Coward · · Score: 0

      Freenet is not well suited to the brand of piracy on P2P networks now -- for one it is impossible to search. You have to know exactly what you're looking for in order to find it. It's also much too slow and unreliable for large downloads for people to accept it. This might change if very large numbers of people began using it. For that, however, it would need a much more familiar type of interface.

      Also, to point out an often-missed point, it is also not completely deniable. Your browser's history and cache will typically still show the keys you have viewed, which can be used to prove you had been viewing illegal content. Of course, if you're in a position for authorities to be checking your browser history, you're probably already busted.

    5. Re:FreeNet by CvD · · Score: 1

      Well, when they implement searching or a decent indexing service (like ShareReactor for eDonkey), then I'll switch over. Until then, it's fairly useless.

      Cheers,

      Costyn.

    6. Re:FreeNet by Anonymous Coward · · Score: 0

      >So, it would seem that we need a peer-to-peer
      >service that is built with the completely anonymous
      >users, file transfers, hosts, etc.

      Somebody please explain me - why is everyone here talking about "privacy" or "anonymity"? Why does p2p have to be anonymous if you transfer only legal (eg. non-copyrighted) material?

      Transferring copyrighted material is stealing and that's wrong. I don't see any reason why such people should not be indentified.

      It's not like "stealing from a big company" was your basic human right or something...

    7. Re:FreeNet by blibbleblobble · · Score: 3, Informative

      So, it would seem that we need a peer-to-peer service that is built with the following attributes:

      -completely anonymous users, file transfers, hosts, etc.
      -reliable and stable structure
      -decentralized topology
      -efficient data management
      -and complete deniability (I didn't host that file, or I didn't download that file, as member's cant control content on the network)


      We do. We have several.
      - FreeNet, and similar projects (Publius, FreeHaven) for distributing anonymous files
      - The Invisible IRC Project for anonymous, deniable instant messaging
      - InvisiBlog for blogging
      - MixMaster and Hushmail for email
      - Anonymizer and Peek-a-booty for browsing

      Anyone care to add to this list? I've only put the ones that immediately spring to mind, but I know there are more distributed anonymous deniable chaffed encrypted file-share programs that I've not tried.

    8. Re:FreeNet by Anonymous Coward · · Score: 0

      Freenet is so slow it is effectively useless. It takes forever to download anything and even the directories are slower than crap. I appreciate what they are trying to do, but there HAS to be a faster way to do it.

    9. Re:FreeNet by mobileskimo · · Score: 1

      What if you are hosting pr0n? And the RIAA decides to make an example out of you by showing everyone your dirty laundry? Its not beyond them, ya know. I've dealt with them. They will use any means to intimitade and blackmail you. Including material that has NO relevance whatsoever to do with their business.

      And please, no replies about pr0n. Just an example. Whatever it is, what you do with your peers is your privacy, no? Nobody ever pries into their secret meetings with big corporate money under the table talks, do they?

      --
      "Last one in is a rotten goblin!" - Kepp
    10. Re:FreeNet by arose · · Score: 1

      GNUnet

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    11. Re:FreeNet by Anonymous Coward · · Score: 0
      Freenet is not well suited to the brand of piracy on P2P networks now -- for one it is impossible to search. You have to know exactly what you're looking for in order to find it.
      Oh come on - have you ever tried it? There are several interlinked index sites that make it easy to find whatever you are looking for.
      Also, to point out an often-missed point, it is also not completely deniable. Your browser's history and cache will typically still show the keys you have viewed, which can be used to prove you had been viewing illegal content.
      Yeah, and it is *really* hard just to switch off your browser cache (instructions for doing this and other precautions are included in Freenet's installation instructions).
  25. Not anonymous? by Anonymous Coward · · Score: 0

    Perhaps I am just stupid, but what do they know about you?

    XXXX @ kazaa----

    How many people don't change that name, to begin with. I've seen a lot of kazaaliteusers@....

    I would have told them to piss off. This is good news - the enemy is losing, and getting desperate.

    1. Re:Not anonymous? by GregoryD · · Score: 1

      You have something called an IP address. Basically its like phone number that you use on the internet. Your using it right now on slashdot. When you search for something on kazaa, you send out a message, "Call me at this number if you have this song." it bounces around and anything with that song calls you. Your IP address is assigned by your Internet service providor. Your ISP logs the time you are on and what IP number you have. Police can get you if they want to. But police usually have better things to do then taking down 14 year olds sharing Bang Bus episodes.

    2. Re:Not anonymous? by Anonymous Coward · · Score: 0

      Many ISPs are not so helpful to the authorities when handling over log data for their users, but it depends on the ISP.

    3. Re:Not anonymous? by Anonymous Coward · · Score: 0

      You do realize you're talking to a slashdot crowd?

    4. Re:Not anonymous? by Anonymous Coward · · Score: 0

      I think he does you dumb pr1ck. He's answering a question someone else had.

    5. Re:Not anonymous? by caluml · · Score: 3, Informative

      You have something called an IP address which you can spoof if you're using UDP for the queries and data transfer. Of course, it makes flow control difficult. http://udpp2p.sourceforge.net/

    6. Re:Not anonymous? by Anonymous Coward · · Score: 0

      You do realize that he's fucking helping someone out by answering their question! Try it sometime you arrogant asshole.

  26. Re: Hi! CtC? by Anonymous Coward · · Score: 0

    The RIAA talks like high school immers? I thought they just acted like children. I didn't know they typed like them.

    LOL! u r 2 funny!

  27. Reform me harder by subreality · · Score: 1

    Scare tactics like this are meant to reform the P2P crowd just as much as the P2P guys are pirating movies to reform the movie industry.

    1. Re:Reform me harder by Anonymous Coward · · Score: 0

      bingo?

  28. Idle threat by sssmashy · · Score: 5, Insightful

    The RIAA will continue the only possible strategy for prosecuting illegal music-swappers: hammer a few "extreme offenders" college students to set an example for the many.

    IM warning notwithstanding, Joe Blow from Iowa who downloads a few Celine Dion songs has as good a chance of being prosecuted as he does replacing Rene Angelil. The RIAA must prosecute copyright violators individually, and out of necessity they will focus on the select few worst abusers, at least those who are easy targets.

    1. Re:Idle threat by Anonymous Coward · · Score: 0

      Joe really does blow if he download Celine Dion songs...

    2. Re:Idle threat by g4dget · · Score: 1, Redundant
      Joe Blow from Iowa who downloads a few Celine Dion songs

      Isn't that punishment enough in and of itself?

    3. Re:Idle threat by Paul+Fernhout · · Score: 1

      You just don't get it (no offense intended personally). Copyright violation has been criminalized in a big way, with a small web of recent laws, (NET, DMCA, etc.). The next step for RIAA can just be to turn over long, long lists to US law enforcement and to tell them to prosecute these people right now for misdemeanors and felonies. Then it will be your and my tax dollars spent arresting, trying, and imprisoning these people. It used to be in practice these kind of violations required a civil suit, but no more since the No Electronic Theft Act http://www.cybercrime.gov/netsum.htm where the downloader is presumed to have made financial gain by copying for their own enjoyment. So, this criminal prosecution will be another form of corporate welfare. By your logic, there shouldn't be anyone in prison for non-violent drug offenses but instead the US has about one million such people in prison right now -- a figure which has slowly increased over the last couple of decades, with the US now having more people in prison per capita (6X - 10X more per capita) than any other industrialized country in the world. http://www.lionheart.org/prison_proj/corrections.h tml http://www.cato.org/dailys/02-23-00.html http://www.impactpress.com/articles/febmar01/priso nind020301.html (Personally I think this is wrong and ruining our state budgets and hurting people needlessly who should be treated and given jobs and education, but that is another story -- including how many big companies make money out of building prisons, running them, and cheap prison labor.) This RIAA prosecution will likely get really bad before it gets better. Who in the 1960s would have predicted a million drug users behind bars (mostly for marijuana, which is arguably less harmful than legal alcohol or cigarettes to society)? Answer me this -- why should RIAA stop short of a million people in jail for this? Bad press? Do you think they really care about this? Are people really going to stop listening to music from commercial artists if it gets really nasty? The US with the war on Iraq has already shown how a bit of flag waving can lead this country closer to political disaster destroying decades of international agreement building, not to mention spending hundreds of billions a year of borrowed funds to kill people and poison Iraqi streets with Depleted Uranium. When RIAA says anyone who copies or even defends copiers is also a criminal and supporting terrorists, and GW agrees, what are we going to do then? One can hope cooler heads prevail, but RIAA is gambling they will not. What does RIAA have to lose by trying? Anybody looking at the recent Iraq war can see how easily the media can mislead the US citizenry -- and who is going to have more sympathy in the mass media -- RIAA or "copyright violators"? RIAA and others have effectively purchased laws that aid them in maintaining their monopolies. It would be foolish business-wise for them to not try to profit from that investment (as immoral as I think that process may be). I can hope for the best, but very dark days ahead would not surprise me. And after all, a million college kids in prison for swapping MP3s will both decrease unemployment (prisoners aren't looking for jobs) and also increase prison building contracts and prison payrolls -- thus being a big boost for the economy and reelection campaigns in the short term (Even as long term consequences destroy our society). This issue (among many others) marks a turning point in our society -- for good or bad. Frankly, I don't know how it will come out. The recent Grokster ruling at least makes me a bit more hopeful than last week. But, just remember, that killing natives, enslaving blacks, gassing Jews, Gypsies, etc. for profit was all legal when it happened, even if it was immoral.

      --
      A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  29. RIAA's next tactic by hhknighter · · Score: 1

    Actually using spam companies to spam the mass community and tell them to stop pirating their overpriced plastics.

    In conjunction with M$, they will also roll out an unblockable windows messaging service that will pop up a message reminding you not pirate plastics as soon as a keyword is identified: Such as Britney, Spears, Boy, Band, Love, Like, Foo, plus practically the entire webster dictionary

    Can't beat you legally? We will beat you illegally, and there's NOTHING you can do about it -RIAA PR

    1. Re:RIAA's next tactic by krumms · · Score: 1

      Actually using spam companies to spam the mass community and tell them to stop pirating their overpriced plastics.

      Maybe, but what's to make people read it? If it was me, I would delete the RIAA spam without a second thought, just like the rest of the shit I get.

      In conjunction with M$, they will also roll out an unblockable windows messaging service that will pop up a message reminding you not pirate plastics as soon as a keyword is identified: Such as Britney, Spears, Boy, Band, Love, Like, Foo, plus practically the entire webster dictionary

      I doubt it. If they jumped into bed with MS, chances are a more effective solution would be devised rather than just messenger spam.

      Besides, imagine a situation in which you were talking about the ancient Roman army's spears with your girlfriend, Britney? And god forbid I paste a code snippet into Messenger with the ever-popular foo variable name.

      Can't beat you legally? We will beat you illegally, and there's NOTHING you can do about it -RIAA PR

      Wouldn't you be shitting yourself too, if you realised the reality of your billion business was quickly becoming a dream?

    2. Re:RIAA's next tactic by hhknighter · · Score: 1

      I was really just kidding

      19 seconds, post rejected. HA

    3. Re:RIAA's next tactic by krumms · · Score: 1

      My bad, hard to distinguish sarcastic stupidity from real stupidity sometimes :P

  30. Spamming by Gyorg_Lavode · · Score: 1

    out of curiosity, could they be prosecuted under any spam laws?

    --
    I do security
    1. Re:Spamming by Anonymous Coward · · Score: 0

      ...could they be prosecuted under any spam laws?


      What spam laws?

    2. Re:Spamming by Loki_1929 · · Score: 4, Insightful

      " out of curiosity, could they be prosecuted under any spam laws?"

      Sure, and 20 years later, after costing the public $50million in legal fees, the RIAA will finally win one of their 10 appeals and we'll be right back where we started. When you ask a question like that, you need to qualify it.

      To me, it's the same as someone asking, "Can't Microsoft be prosecuted for illegally maintaining a monopoly?".

      Massive multinational conglomerates have outgrown our justice system. Simply put, they're bigger than we, the people, could ever hope to be.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    3. Re:Spamming by evilviper · · Score: 1

      No, it's just that the government spits on you, while they fill their pockets. Kill off corruption in the government, and things change very quickly.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:Spamming by Dave_bsr · · Score: 1

      sounds like it's time to dispense some INDISCRIMINATE JUSTICE.

      Thank you, starcraft. Oh yeah, and SCREW YOU, vivendi...

      --


      Who is this Anonymous Coward character, how does he post so much, and why is he always such a whore?
    5. Re:Spamming by Sciamachy · · Score: 1

      It's not so much that they've outgrown the legal system, more that the legal system bends itself to whatever multinational corporations want. Every meeting of the G* group of countries has resulted in more and more laws allowing the corporations more freedom, whilst removing the civil liberties of individuals. The only right that is truly respected by modern-day Western governments is the right to own property.

    6. Re:Spamming by Sciamachy · · Score: 1

      Sorry - sticky shift key - that should read G8.

    7. Re:Spamming by shannara256 · · Score: 1
      Massive multinational conglomerates have outgrown our justice system. Simply put, they're bigger than we, the people, could ever hope to be.

      Nonsense. It's defeatist thinking like this that allows them to get away with what they're doing. KNOW that you're right, that what they're doing is wrong, and fight them on it. Don't just bend over.

    8. Re:Spamming by Loki_1929 · · Score: 1

      "Nonsense. It's defeatist thinking like this that allows them to get away with what they're doing. KNOW that you're right, that what they're doing is wrong, and fight them on it."

      Like Napster did?

      Call it whatever thinking you like, but the fact is that they've got more money than God and more politicians in their pockets than big oil ever had.

      If you think you can fight Comcast, or the RIAA, or the MPAA, then feel free. Personally, I'm trying to stay under the radar for the time being. While it might sound nice to "fight the good fight", the fact remains that these people bring knives, guns, and nuclear weapons to your fistfight. When there's some semblence of fairness, or at least a remote possibility of surviving the fight, (let alone winning), I'll join your crusade.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  31. Real Irony by Ieshan · · Score: 4, Interesting

    The basis for the RIAA case against Verizon, as pointed out in the article, is that Verizon must release contact info for customers because the RIAA has no way to contact these customers without Verizon's help.

    The Verizon lawyer just said: "Wait a minute. You just contacted millions of people."

    Also, about "the messaging": it appears that the RIAA is "logging on" to popular file sharing services and using simple scripting to message users through the system. Kazaa provides this functionality.

    See, the thing I don't understand, is that to do this sort of thing *legitimately* - that is, prove the user who they're messaging IS distributing copywrited content - the RIAA must log on, search, download, and play a potentially infringing file. Then, the RIAA has to send out the message.

    No matter what the speed of the RIAA connection, something tells me that it's going to be very difficult for them to download millions of songs, check them by hand, and then send out messages - since it simply isn't possible. Perhaps they could hash files, sure, but they're STILL downloading thousands of songs. In other words, this is what this says: "I just used this file sharing service to illegally copy a song - and if I want to, I can sue you for it." In previous suits, the RIAA has said things to the tune of: "Since you didn't own copyright to this and my computer made a copy, regardless of whether or not I own copyright, the file isn't legally mine." Or, translation: "I committed a crime to prove your guilt."

    I'm pretty sure that isn't legal.

    1. Re:Real Irony by zutroy · · Score: 2, Interesting
      I might lose some karma for this, but...
      That's a load of bullshit.

      The RIAA searches for a song that's in their members' catalogs. Then, when a hit comes up, they warn the user that they're sharing copyrighted material and may be sued. I'm sure that before they actually go to court, they will validate that the song is actually an illegal copy.

    2. Re:Real Irony by Ieshan · · Score: 1

      Yeah, but how do they do that without first using the service?

    3. Re:Real Irony by zutroy · · Score: 1

      How is that relevant exactly?

    4. Re:Real Irony by Jeremi · · Score: 1

      Hmm.... well, assuming the RIAA (or one of their members) owns the copyright to a song, then by definition it is not a crime for the RIAA to copy that song.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    5. Re:Real Irony by Eykir · · Score: 1

      Ah, but what if they download songs that are named similarly to their songs, which they don't own the copyrights for?

      Then they can be sued for copyright infringement by the owners of the song, once they try to prosecute the person sharing it.

    6. Re:Real Irony by evilviper · · Score: 1

      The filename means nothing. When they download a song that they think might belong to them, but it turns out being some non-RIAA song, does the RIAA then get sued for copyright infringment?

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    7. Re:Real Irony by maxpublic · · Score: 1

      Except that the RIAA has stated, time and time again, that the mere use of these services constittutes a crime, and that there is no legitimate reason whatsoever for file sharing.

      The hypocrisy involved in using the very tools they attribute to the minions of 'evil' - the tools they categorically claim are criminal by their very nature - is rather amusing. I'm sure the RIAA fails to see the overreaching hypocrisy of their actions, given the lack of real intelligence they've consistently displayed. I'm also sure they wouldn't give a damn even if they put the clues together, since they also seem to think that they're above the law - or that they can at least shape it to meet their desires whenever they feel like it.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    8. Re:Real Irony by abertoll · · Score: 1

      Actually, to "prove" it's copyrighted material does not require them to download the entire song or to listen to the entire song... even a small piece of the song is copyrighted.

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    9. Re:Real Irony by leviramsey · · Score: 1
      this says: "I just used this file sharing service to illegally copy a song - and if I want to, I can sue you for it." In previous suits, the RIAA has said things to the tune of: "Since you didn't own copyright to this and my computer made a copy, regardless of whether or not I own copyright, the file isn't legally mine." Or, translation: "I committed a crime to prove your guilt."

      You fucking dolt.

      The RIAA almost certainly has permission from the copyright holder to download that song, in which case it's not breaking the law. If Lars Ulrich (well, technically E/M Ventures) grants you permission to download every Metallica song in the catalog from KaZaa, you're not committing any copyright violations (if you share it out, though, you're breaking copyright law, unless you're granted permission to do that, also).

    10. Re:Real Irony by Dyolf+Knip · · Score: 2, Insightful

      Because the RIAA contains the only people on the planet who put misnamed files on the service? What if they download a song that is actually copyrighted by someone else? Oh my, they just broke the law trying to gather incriminating evidence!

      --
      Dyolf Knip
    11. Re:Real Irony by leviramsey · · Score: 1

      Then it's up to whoever ownd the mistitled song to sue them.

    12. Re:Real Irony by mobets · · Score: 1

      But if the RIAA own the copywrite or have permision form the owner, then they can make or get as many copies they want.

      --

      It was me, I did it, I moved your cheese
    13. Re:Real Irony by enkidu55 · · Score: 1

      Sure it is, police narcotics agencies do it all the time. They solicit you to commit and act or actively participate in that act and then bust you when the act is committed, then stand back and say oh, btw I'm a cop. So I wouldn't think for a second that the RIAA wouldn't think that they were acting just like an undercover narcotics unit in these instances and be able to take whatever measures they deem necessary and then stand back and say oh well I only did it to prove that what they were doing was illegal.

    14. Re:Real Irony by Ieshan · · Score: 1

      The RIAA has said things like 'Digital Copies of Music made from Illegal Copies are Illegal' - i.e., if I own a metallica CD but download the songs online, I'm still breaking the law.

      Technically, I own the rights to that song, since I've already purchased it. But the RIAA has said that fair use does not extend to making digital copies.

      If fair use doesn't extend to making digital copies, then they can't copy songs to check, regardless of whether or not they have Metallica's permission.

    15. Re:Real Irony by moncyb · · Score: 1

      The RIAA's whole stance is that P2P services are illegal and anyone who uses such services are criminals. If they use P2P, then by their own logic, they are criminals.

      Also remember, when the whole Napster thing started, they threatened to sue universities for merely providing internet access. Their whole attitude is the internet is a criminal operation.

    16. Re:Real Irony by arose · · Score: 1

      1. Record yourself singing public domain songs and claim copyright over the result. 2. Share in Kazaa as Britney songs. 3. Wait for RIAA to download. 4. Sue them.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    17. Re:Real Irony by leviramsey · · Score: 1

      After which Britney (well, her managers) will sue you for misuse of her name...

    18. Re:Real Irony by EvilSporkMan · · Score: 1

      No, they're not criminals, because they have the copyrights, which include the right to determine how the works may and may not be distributed. It's not a victimless crime, legally speaking, the victim is the copyright holder. I don't know about the RIAA, but I sure wouldn't get mad at myself for downloading any song I wrote and recorded...

      --
      -insert a witty something-
  32. Lets make it anonymous! by Red+Pointy+Tail · · Score: 1

    Design a new *anonymous* file sharing system - the excuse is to share file swap storage space as well.

    Each client has a public area repository of which they don't know and can't know the content (encrypted, etc.). Songs to be shared will be distributed randomly to your peers. Well I'm sure you clever people at \. can work out a nice scheme to implement that fairly.

    The 'infrastructure provider' not being liable argument for Grokster/Morpheus should apply as to the file repository users too.

    Downside: might need double the drive space if you want to keep your own private stuff permanently. But hey storage is cheap right?

    1. Re:Lets make it anonymous! by tsvk · · Score: 1

      Your approach is not a new idea. AFAICR, there are some small projects for P2P applications that work in the way you describe.

      I just cannot remember any specific names of clients, so I cannot post a link with more info.

    2. Re:Lets make it anonymous! by Anonymous Coward · · Score: 0

      You mean like this?

    3. Re:Lets make it anonymous! by tsvk · · Score: 1

      Ah, Freenet (http://freenetproject.org/) was mentioned in another comment. That's one of the projects I was thinking of. It seems to have grown a lot since I last checked.

    4. Re:Lets make it anonymous! by evilviper · · Score: 2, Interesting

      Freenet is simply not a good system for P2P. It's very design makes no sense.

      Besides that, although FreeNet may have more anonymity built-in than other P2P services, it's far from anonymous... It only provides a measure of deniability ("No, *I* didn't download that movie, FreeNet did that automatically for some reason"), which is just as possible with Gnutella ("No, I was searching for something wholesome and just accidentally downloaded that because it was embedded with tons of other perfectly legal files. It's just shared because I share everything I've downloaded automatically.")

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    5. Re:Lets make it anonymous! by blowdart · · Score: 1
      > the excuse is to share file swap storage space as well.

      Believe it, or not, Microsoft Research have a distributed file system like this. Built on Pastry, their Peer to Peer layer, they've produced PAST, a "large-scale, peer-to-peer archival storage utility that provides scalability, availability, security and cooperative resource sharing. Files in PAST are immutable and can be shared at the discretion of their owner." This was around 2 years ago.

    6. Re:Lets make it anonymous! by Anonymous Coward · · Score: 0

      The Eternity Service is one proposed system to facilitate anonymous file sharing. The word "eternity" is used because the model here doesn't permit files in the service to be deleted - ever!

      Check it out at http://www.cl.cam.ac.uk/users/rja14/eternity/etern ity.html

    7. Re:Lets make it anonymous! by pc486 · · Score: 3, Interesting

      Freenet doesn't just have "more anonymity built-in," it has leaps and bounds of more anonymity built in for the person who placed the file there in the first place. It is effectivly (nothing is impossible) untraceable to the originator and the argument of "I really didn't download that" does fly because there is not a simple deal to know for sure what one downloaded (esp. with all the safty gaurds like segmentating and encrypting the data). The key is that FreeNet data is most likly not sourced from someone who has also downloaded that data with intent or by the originator.

      This defense is untested in court and may or may not fly but FreeNet brings a peace of mind when it comes to P2P.

      A better argument against FreeNet as a serious P2P application is that it doesn't handle large files (aka movies and TV shows) very well :).

    8. Re:Lets make it anonymous! by evilviper · · Score: 2, Interesting
      it has leaps and bounds of more anonymity built in for the person who placed the file there in the first place.

      And how can someone on Gnutella tell if the file they are downloading from you, originated from you? How can someone tell that you didn't just get it from somewhere else?

      It's really not difficult to start picking apart FreeNet if someone wanted to. Just one node-in-the-middle, and it gets two pieces of the request.

      This defense is untested in court and may or may not fly but FreeNet brings a peace of mind when it comes to P2P.

      Yes, but it could apply (nearly as well) to any other P2P system. It doesn't give piece of mind, it gives the illusion of anonymity, which can be even worse.

      it doesn't handle large files

      I basically glossed over that point when I said: " Freenet is simply not a good system for P2P." I think it's technical diffencies have been well documented and discussed, and I didn't want to bother rehashing the same old facts.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    9. Re:Lets make it anonymous! by 42forty-two42 · · Score: 1

      What, like this?

    10. Re:Lets make it anonymous! by 42forty-two42 · · Score: 1
      It doesn't give piece of mind, it gives the illusion of anonymity, which can be even worse.
      Freenet is designed to make it virtually impossible to determine what data your node is storing or transmitting. You get plausiable deniability, at least. As for anonymity, are you qualified to assess it? Did you read the protocol spec?
    11. Re:Lets make it anonymous! by moncyb · · Score: 1

      Freenet isn't designed for music, it is designed for free speech. It was made so people can criticize their corrupt governments or employers, and be somewhat anonymous. If they do not think you wrote the subversive message, then they may not give you a prison sentance, fire you, or whatever.

      Freenet is still a P2P system, it's just designed for purposes other than what you assume P2P systems should do.

    12. Re:Lets make it anonymous! by pod · · Score: 1

      It's not just deniability of an action, but also content. As everything is encrypted, you don't know what you are downloading. And an observer certainly doesn't. They also wouldn't know if you are downloding something for yourself, or on behalf of someone else, or as part of the segmentation of content scheme.

      --
      "Hot lesbian witches! It's fucking genius!"
    13. Re:Lets make it anonymous! by geekee · · Score: 1

      I believe on FreeNet, your computer automatically downloads stuff from other users and puts the files on your machine, which then serves as a node for distribution. Therefore, if the FBI raids your home and finds a bunch of copyrighted files, you can say the files must have been put there automatically and that you didn't download them. If it doesn't actually work this way, it probably should.

      --
      Vote for Pedro
    14. Re:Lets make it anonymous! by evilviper · · Score: 1

      Indeed, but when the FBI breaks down your doors and finds illegial materials, you could just say that you didn't mean to download those particular files, they just got lost among a large list of legit files you meant to download.

      Neither arguement provides any MORE legal legitimacy than the other. Both ways, you did not intentionally download the illegial file.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  33. Chat is good for something by Anonymous Coward · · Score: 1, Interesting

    Back when Napster was the rage, I used it's chat feature. I found it parrticularly helpful when I found a song that I wanted, but was only being hosted by a red or yellow (low speed) connection. I'd IM the person to ask if they were downloading or uploading anything else at that time. If they weren't, I'd let them know that I'd like to try and grab a file from them, and well.. yeah, that worked. That way, I avoided trying to cram another mp3 over an already overloaded 56k modem that was transfering other mp3s.

    So, I did find a use for Napster's chat features. However, since most people who have just about every song are on "broadband" these days, I don't try to see if it will be a hastle to download from a particular user.

    The chat feature was/is still helpful.

  34. Spiced Unsolicited Commercial Communication? by Anonymous Coward · · Score: 0

    Wow, RIAA spammed Gnutella.
    Does this mean I can perform Unsolicated Commercial Communications using Gnutella?
    Sounds like Gnutella is a commercially viable mode of communication amonst a targeted audience.

  35. Anonymous, chained p2p proxies by Travoltus · · Score: 1

    Proxies, especially chained proxies, could make it impossible to trace.

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:Anonymous, chained p2p proxies by evilviper · · Score: 1

      Few open proxies are fast enough to support P2P, unless you are just sharing text ebooks.

      Of course, breaking into RIAA computers and sharing files from their own network would be pretty cool...

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:Anonymous, chained p2p proxies by pantropik · · Score: 1

      Go ahead, everyone else has done it.

  36. What, you expect consistency? by Sycraft-fu · · Score: 1

    Hell, these people will tal out of the side of their mouths and change their arguments as often as suits them.

    What you forget is the RIAA/MPAA/etc couldn't give a fuck about the law breaking aspect of this. Their intrest is shutting down file swapping and any Internet distribution they don't control to maintin the bussiness model and control their members have. It isn't about legality or morals for them, those are just a means to an end, it is maintaining their control.

  37. Blacklist RIAA/MPAA? by evilviper · · Score: 2, Interesting

    Anyone know of a list of the netblocks owned by the RIAA/MPAA and any member organizations, contracted companies, etc?

    I've been building up a fairly large blacklist of hosts returning bogus search results, but that only works so well. If there was a good blacklist, P2P programs could include it, and deny all connections from those ``nasty" hosts.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Blacklist RIAA/MPAA? by Anonymous Coward · · Score: 3, Informative
      Anyone know of a list of the netblocks owned by the RIAA/MPAA and any member organizations, contracted companies, etc?
      Unfortunately, this will get you nowhere. I can tell you for a fact (alas as an AC) that much of the "scanning" that takes place on P2P networks on behalf of copyright owners happens from ordinary ISP accounts. Don't expect to see, e.g. copyrightspider41.riaa.org or dmcabot.columbiarecords.com crawling Kazaa looking for shared files. Network traversal is done primarily from DHCP DSL connections. You'd never suspect a P2P download from nnn-nnn-nnn-nnn.dsl.scrm01.pacbell.net, and people are extremely unlikely to go blocking every DSL provider in the country, so they've got the advantage.

      One of the private "we'll find people who are violating your copyright" firms allegedly pays people to run a P2P spidering program on their home broadband connection. It's sort of like SETI@Home, except instead of ExtraTerrestrial Intelligence, they're searching for Evil Terrorist Infringers. (The bounty is rumored to be about $20/day if you leave the app running 24/7. No, I will not name the company as I do not have any proof to back it up with. However this company supposedly places newspaper ads of the "make money with your computer" sort.)

      RIAA maybe be assholes, but they're not stupid, and they've got deep enough pockets to hire people to do the things they are stupid about.

      The only "copyright enforcers" who are dumb enough to spider from their own network are Cyveillance. They tend to change IP blocks now and then. They used to be 63.148.99.0/24, though it looks like they might have smartened up and SWIPd out a lot of smaller blocks instead.
    2. Re:Blacklist RIAA/MPAA? by number11 · · Score: 1

      Anyone know of a list of the netblocks owned by the RIAA/MPAA and any member organizations, contracted companies, etc?

      You can always do a WHOIS on such organizations, and maybe traceroutes, and work from there. Overpeer, BayTSP, RangerInc, ProtectedByCovenant, MediaForce, Cyveillance are a few of the known contractors.

      There are occasionally lists posted in various p2p user forums (vendor forums, and portals like ZeroPaid, UniteTheCows, Slyck), newsgroups, mailing lists. A Shareaza user produces an xml file called Shareaza_Security_Update that lists such IPs and plugs into that program's built-in firewall. There's a program called Peer Guardian that is a p2p firewall, and has such a blocklist. BearShare has a hostiles.txt file that is used by the program as an IP blacklist. Gnucleus has (or had, I haven't looked lately) an IP blacklist.

      Of course, no such list will ever be 100% complete, because the people hired by the price fixers can just log on with accounts that aren't in their own names.

      I recall doing a WHOIS on one IP and having it identified as belonging to "Warner (private residence)". A private residence with a block of 64 static IPs of its own. Of course, it may have been all those Internet-ready kitchen appliances.

    3. Re:Blacklist RIAA/MPAA? by evilviper · · Score: 1
      Of course, no such list will ever be 100% complete, because the people hired by the price fixers can just log on with accounts that aren't in their own names.

      How's that? We are talking about an IP-blacklist, not a username blacklist... And I AM looking at making one that is 100% complete. I hope someone has some more complete info on what range they are using, and what ranges their partners are using. If not, it'll be more difficult to effectively do. Finding the hosts returing false results, and blocking them is fairly easy, but there's no guarantee that they use the same range of IPs for spidering P2P, or downloading suspucted content.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:Blacklist RIAA/MPAA? by Anonymous Coward · · Score: 0

      Please post the list.

    5. Re:Blacklist RIAA/MPAA? by number11 · · Score: 1

      We are talking about an IP-blacklist, not a username blacklist... And I AM looking at making one that is 100% complete.

      What makes you think they'll always be using their own IPs? You can probably find all their corporate website/email IPs, but for surveillance they'll be using college students as proxies (paid with free CDs), or those "10,000 free hours on AOL" accounts, or cable/DSL accounts with dynamic IPs, or IPs belonging to HiSpeed Hosting of Hoboken NJ (one spyder lives there), or accounts out of Cogentco or C&W/Exodus spammer heaven.

    6. Re:Blacklist RIAA/MPAA? by Anonymous Coward · · Score: 0

      http://methlab.tech.nu

      another site from the PeerGuardian dewd (it's like an IP database) but you can get the list in plaintext for other firewalls too, which is nice. :)

  38. did you receive the message ? make $$ ! by ramzak2k · · Score: 4, Insightful

    From the Kazaa terms and conditions :

    You agree not to use the Software to:
    2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive
    of another's privacy, hateful, or racially, ethnically or otherwise
    objectionable.

    Isnt that basis enough to sue the RIAA ?

    --

    Siggy Say, Siggy Do
    1. Re:did you receive the message ? make $$ ! by fliplap · · Score: 1

      Subjective terms. Plus they sent one message that didn't contain a threat. And one single message is hardly harassment on any level. Though i do find the message "otherwise objectionable"

    2. Re:did you receive the message ? make $$ ! by zutroy · · Score: 1
      From the Kazaa terms and conditions :

      You agree not to use the Software to:
      2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

      So they cancel each other out!

    3. Re:did you receive the message ? make $$ ! by dereklam · · Score: 2, Funny

      Did anyone else read this subject and think it was a spam?

    4. Re:did you receive the message ? make $$ ! by N8w8 · · Score: 1
      You agree not to use the Software to:
      Maybe they didn't use the official KaZaa client.
      But if that is the case, isn't the RIAA then violating the DMCA because of reverse-engineering the KaZaa client?
    5. Re:did you receive the message ? make $$ ! by nick_davison · · Score: 1

      Isn't that basis enough to sue the RIAA ?

      Maybe in the Utopian States of America. Unfortunately, this is the United States of America.

      Sure, it's basis to sue. Go ahead...

      First they file their motions to dismiss and waste a lot of your money this way. Then they file counter suits based on whatever they can come up with and waste your money that way. Then they request various postponements and waste your money that way. Then they put such a large legal team on it that, if you want a hope in hell of winning, you have to hire your own expensive legal team and they waste your money that way.

      Eventually, if you're truly lucky, you win. Then they repeat the process with the damages portion, wasting your money that way.

      While it's a nice notion that you can recoup your legal costs, that assumes they haven't managed to beat you on a technicality at any point along the way, that you haven't gone bankrupt fighting them, that you manage to out-argue them that this wasn't an entirely reasonable case to fight and there's no reason they should have to pay and that, after they bog it down in the courts for five to ten years, it makes any difference anyway.

      If it looks, at any point, like you might win within a year or two, they buy a congressman or two and a couple of senators. They get a tiny piece of wording added to page three hundred and ninety of some obscure law - or even better The Patriot Act IV (questioning it is unpatriotic, you see) - that says, "Companies may lawfully use all means at their disposal to contact lawbreakers and warn them, regardless of terms of service limitations."

      Then, assuming you had the massive resources to actually win against them and that you got a judgement any harsher than, "OK, we agree not to do it again." - you've wasted five to ten years of your company's resources for a ruling that's so small to them, they can shrug it off.

      You don't sue, they win. You sue and lose, they win. You sue and go bankrupt, they win. You sue and win and it still costs you more, due to your relative size, than them - they win.

      Oh, and while you're doing it, they use the judgement against Verizon to get to search your systems, find your MP3 collection and sue you for $150,000*NumSongs*NumDownloads and bankrupt you that way. Now, without any resources, you lose the expensive legal team you need to beat them in the first case - and lose that one too. If there's anything left over, I imagine they'd hand you over to the BSA too, with all the information they found in their search.

      William Gibson got 21st century life way too accurately. :(

  39. Panopticon by jmyung · · Score: 2, Insightful

    The use of fear tactics have been used in the penitentiary system for the last century or so: it's called a Panopticon and I think it goes far in explaining how the RIAA may scare many individuals by suing only a few:

    The structure is a tower with tinted windows that casts a light down towards the surrounding inmate holding regions. Only at certain times does the structure have a guard inside of it. The idea of panopticism is that inmates are less prone to attempt an escape with the existence of a panopticon because of an internalized restraint. It is a restraint that is self-imposed and is based on the possibility that there could be a guard in the structure, not that there IS actually a guard in the tower. The prison system has to employ a guard a minimal amount(more cost effective than guarding everyone)... and the prisoners have that fear that the guard is in the tower, and consequently, they don't escape.

    How does this relate to MP3s? The following mappings:
    prison : file distribution system
    prisoners : users of the file distribution system RIAA : watch tower
    Partially guarding the tower : auditing certain individuals (as seen in the verizon case)

    Granted that any analogy has problems, it has been shown historically through this panopticon that it is possible to somewhat control the masses by being somewhat random in prosecuting a few individuals and I think that to be exactly what the RIAA is doing.

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

      Similarly, a book store I worked at had those dark half-dome security camera covers in the ceiling. Guess what? No security cameras.

  40. Battery? by evilviper · · Score: 4, Interesting

    Everyone should remember that repeated threats of legal action qualify as battery... If RIAA oversteps their bounds here, there could be a nice big class-action lawsuit over it.

    --
    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    1. Re:Battery? by Anonymous Coward · · Score: 0
      Everyone should remember that repeated threats of legal action qualify as battery...
      Travoltus already helped with the spelling, so I'll help with the definition. Repeated threats of legal action do not barratry make. There typically has to be a degree of frivolity involved, and in many cases barratry will only be found if suits have actually been filed.

      For example, suppose a lawyer is picky about his lawn. He lives a couple of blocks from a school, and kids are always stepping in his lawn as they walk past. He threatens them day after day that if they even so much as walk down the sidewalk in front of his house he'll sue them silly. Finally he takes down all of their names and files civil suit against each one and their parents. That would qualify as barratry - the nature of the suits is clearly frivolous.

      Now, suppose the kids aren't just stepping through his grass. Each day after school they come by his house and throw a few eggs at it. In other words, they're doing something illegal. Our good lawyer friend can file civil suit against each of them and their parents without any problem.

      The difference, mainly, is whether or not you have a case. Whether you like it or not, the RIAA has a case.
    2. Re:Battery? by cheshiremackat · · Score: 1

      Ahhh... but what if they don't know who is treading on their lawn? (to continue the metaphore)...

      In another thread someone mentioned that they have a wireless basestation... so, anyone could be hijacking that IP to connect to KAZAA... if the RIAA keeps threatening to sue, they have to know who to sue... unless they can PROVE that I ALONE d/l those songs, then barratry may apply...

      that's my case anyway...

      _CMK

      --
      Bad spellers of the world untie!
    3. Re:Battery? by Anonymous Coward · · Score: 0
      All I know about barratry, comes from Bernard Shifman is a Moron Spammer. Mr. Shifman allegedly spammed his resume all over the internet. Some people reported him to his ISP. Mr. Shiftman repeatedly threatened to sue the people who reported him if they failed to recant their allegations. One of his victims contacted a lawyer, then posted this:

      Fact #3: He is illegally threatening me with lawsuits. I could charge him with barratry, which is threatening to sue in order to get a reaction and then failing to follow through on it... that he,s done on four separate accounts now.

      So, does Mr. Shifman's activity qualify as barratry, or does he actually have to file a frivilous suit before he becomes guilty?

    4. Re:Battery? by Anonymous Coward · · Score: 0

      That would mean you would have to identify yourself *first* before filing for a lawsuit in the first place--which is what they might have been looking for all along.

  41. Re:Needs help by Anonymous Coward · · Score: 0

    THanks so much, that Shit City one is indeed the SHIT! It's worth every penny of my girlfriend's credit card.

  42. A Question by zutroy · · Score: 1, Insightful
    If the RIAA died tomorrow, and no one ever paid for music anymore, how would the new system work?

    I think that before we all say that the RIAA has to die, we should come up with some viable alternatives so that our favorite artists don't end up broke and in the gutter.

    But, all in all, I'm with you...the RIAA must go.

    1. Re:A Question by evilviper · · Score: 3, Interesting

      There are only a few real problems with the record companies. Incredibly high prices. Artists getting a small cut. Artists getting locked-in to long contracts. Releasing less-than-half-full CDs.

      Make your own record company that sells hour-long, $5 CDs, and have $1 (or more) of each sale go to the artist. No copy protection is really needed, because 99% of people will just buy the CD.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:A Question by MadKeithV · · Score: 1

      >Support your favorite bands by seeing them live.
      >You'll probably even discover a lot of new music that way too.

      Let's see:

      A concert:
      - the drive to a concert: 1 hour to the concert, one hour back.
      - 2.5 hours of listening to music, usually at vastly inferior sound quality, unintelligible to those who do not already know the songs.
      - 4 crap bands and one passable one.

      Downloading MP3:
      - 1 minute for the search of the most popular songs of the five bands.
      - 5 minutes for the MP3s to get to your HDD.
      - 10 seconds listening to each, deciding they are all crap, saving 5* $20 on the bands' CDs that you now don't need to buy, another $20 on the t-shirt, $10 in concert admission, and $5 in gas.

      This is the MTV generation downloading. Their attention span is approximately equal to the length of one radio-play song, that is to say 2 minutes 30 seconds. Think you can get them to sit through a concert of music they do not yet know?

    3. Re:A Question by partyer · · Score: 1

      I think that the price of RIAA downloads will pretty quickly be dictated by market forces; some of the "legit" services will come to offer cheap independants, and then some RIAA artists will break rank to be cheaper, too.
      Don't forget that new technologies do more than just cut out all of the distribution costs, they also cut out the price of studio time, of promotion, and of scouting for new talent. The only thing that stays the same is touring.
      I'd say they should try to make a profit from the musical tour scene which remains an essential tool for promotion for many bands. The RIAA execs should learn to drive truck, haul amps, and monkey up scaffolding.

    4. Re:A Question by Anonymous Coward · · Score: 0
      "so that our favorite artists don't end up broke and in the gutter."

      Are you living in a dream world? Our favorite artists are already broke and in the gutter. The RIAA put them there.

    5. Re:A Question by nmos · · Score: 1
      If the RIAA died tomorrow, and no one ever paid for music anymore, how would the new system work?

      I don't think there is any danger of it going that far. People have allways been willing to pay for music but as competition (both from pirates and artists who simply choose to bypass the major labels) increases, the price the RIAA members can charge is going to come down, probably dramatically. We probably won't have the huge stars of today but I'm not sure that's such a bad thing.

      I think that before we all say that the RIAA has to die, we should come up with some viable alternatives so that our favorite artists don't end up broke and in the gutter.

      Which is about where they are now anyway. Only a VERY small fraction of musicians actually make a living at it, and even fewer make a living due to CD sales.
    6. Re:A Question by maxpublic · · Score: 1

      If the RIAA up and died tomorrow, artists would still produce CDs through recording companies and sell them to retail outlets, just as they do now. There is absolutely no reason to believe otherwise; the absence of the RIAA won't change this practice one bit. Artists won't be out on the street because the RIAA no longer exists.

      in fact, I can see only three things changing:

      - price of CDs would decline dramatically (no more price fixing from a corporate oligarchy);

      - without a monopoly competition between companies for artists would increase, probably resulting in more profits for artists (Capitalism 101);

      - without a monopoly to dictate what gets airplay, a far larger selection of bands and solo acts would be played over the airwaves.

      Hmmmm, all of this seems like a good thing to me....

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    7. Re:A Question by maxpublic · · Score: 1

      This is the MTV generation downloading. Their attention span is approximately equal to the length of one radio-play song

      Which makes them no different at all from their parents, or any generation that's gone before them. Although some folks in those past generations clearly think they're of a superior breed.

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    8. Re:A Question by MadKeithV · · Score: 1

      My favourite songs are over 20 minutes long, and I'm part of the MTV generation, but generalizing to the common denominator is sometimes a useful tool for showing why a particular line of thought is probably not the correct one.

      Devil's Advocate, etc.

      PS: I play in three bands too.

    9. Re:A Question by mobileskimo · · Score: 1

      The only thing you would lose is the large superstars. hmmm... thats about all I can really think off. Come to think of it, I think thats the only reason large superstars exist.

      --
      "Last one in is a rotten goblin!" - Kepp
    10. Re:A Question by Anonymous Coward · · Score: 0

      "so that our favorite artists don't end up broke and in the gutter."

      Broke? Many of them have enough money to last a lifetime provided they spent it appropriately. A little less MTV Cribs and they won't end up broke and in the gutter. :)

    11. Re:A Question by Anonymous Coward · · Score: 0

      Why not just go buy independent music from CD Baby. There is some great music there, you can sample songs before you buy, and payment goes directly to the artists. Plus, the prices are actually reasonable. This a great business model, and their customer service is increadible. Check it out.

  43. Probably an unpopular opinion, but.... by G3ek · · Score: 5, Insightful

    from the article: '"Way to go, RIAA. Sue and threaten the public, your customers. I think I'll go and download," one posting on Yahoo said.'

    This is not the answer. I'm not saying that the RIAA is right in claiming that the MASSIVE amount of pirating is hurting their business, but if this is the response we all start taking eventually it will. We do have to realize that it is the recording industry that signs artists, produces and records their work, and markets them to a vast audience. In a round about way, pirating music is eventually going to end up hurting us. I'm not exempt, nor do I plan to stop downloading free music period, but we can't just fight back by stealing more music. IF we continue to ramp up our efforts in a big "fuck you" to the RIAA and recording industry we'll end up with a world FULL or DRM and Longhorn/Itanium like shit. I, for one, shiver at that thought.

    from the articel: 'The RIAA argued that Verizon is obligated under the 1998 Digital Millennium Copyright Act to help the music industry protect its copyrights. Verizon says it is willing to help, but argued that the law only applies to Web pages stored on its computers, not traffic on the "peer-to-peer" networks that merely travel across its wires.'

    Here we see the DMCA being wielded again. We have to face it, the law is here now and they're going to use it. We have a couple of choices: accept it and learn to play by the rules it outlines, or band together (there's a hell of a lot of people that read Slashdot) and strike it down, or AT LEAST reform it. The DMCA is pure evil and until we change or destroy it we're not going to make any progress in regards to the current state of affairs. It was a way of treating a symptom (like so many things in America) and NOT a solution to the problem. BUT all of us bitching about it online and on Slashdot DOES NOTHING. We have to take action on this.

    "I think a small number of users will be deterred by this effort. It's not going to come as a surprise to them the RIAA finds it unlawful," said Jonathan Band, a copyright lawyer for Morrison & Foerster.

    I have a fifteen year old sister. Think about it, these kids start getting online around 10-12 and all they've EVER known is FREE MUSIC. Most of them don't know or even consider that it IS stealing. DON'T STEAL MUSIC was part of the message sent buy the RIAA (Apple is still innovating the industry, in more ways than one. Remember when the iPod first came out....) and this is something we should really think about. Are we justified in demanding lower prices? Yes. How about calling foul on the DMCA? Yes. Figuring out a new model that is beneficial to artists, consumers, and the corporations providing the content? Yes. As the law stands though, downloading music from p2p IS ILLEGAL. Are we justified in stealing? No.

    Look at the new service from Apple, iTunes Music Store. I don't think Apple got it 100% correct but they've come a HELL of a lot closer than anyone else so far. Unlimited burns of tracks to CD, burn a playlist 10 times, register 3 Macs to play purchased files and be able to change which 3 Macs you have registered, unlimited ability to put your music on as many iPods as you like, and Rendezvous streaming of your entire library both on your network and across the internet. I feel the price points are pretty damn close to right....and maybe we'll see them get a little better.

    I don't know exactly what point I'm trying to make but it just seems like we're all screaming "foul" on this and maybe we should re-examine the whole situation. Escalating this to an epic battle of theft, rights infringement, lawsuit, counter lawsuit, destruction of an industry just doesn't seem like the only option.

    The Slashdot community could have a lot of power and a lot of voice if we could agree on something that was fair to BOTH sides and then get out in the real world and make that voice heard.

    1. Re:Probably an unpopular opinion, but.... by MisterMook · · Score: 1
      I don't know exactly what point I'm trying to make but it just seems like we're all screaming "foul" on this and maybe we should re-examine the whole situation. Escalating this to an epic battle of theft, rights infringement, lawsuit, counter lawsuit, destruction of an industry just doesn't seem like the only option.
      Great! Please inform RIAA. Thanks.
    2. Re:Probably an unpopular opinion, but.... by evilviper · · Score: 1
      I'm not saying that the RIAA is right in claiming that the MASSIVE amount of pirating is hurting their business, but if this is the response we all start taking eventually it will.

      I'm not going to make purchases from a company that uses it's profits to lobby congress, and buy politicians, to destroy our civil rights. If it hurts some strugling artists, that's unfortunate, but I'm not going to buy Nike shoes made with slave labor just so the crew of the freight barge will have a slightly larger paycheck then they can get elsewhere.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:Probably an unpopular opinion, but.... by Anonymous Coward · · Score: 0

      >I have a fifteen year old sister

      TASTY! Do you have any pics??

    4. Re:Probably an unpopular opinion, but.... by Anonymous Coward · · Score: 1, Interesting

      uh, when I was fifteen and younger, all I knew was FREE MUSIC too. My room had STACKS of tapes in it, not a single one an original. I bought maybe 10 CDs my whole teenage life, but "pirated" many more.

      Now that I'm older, I buy at least 4 CDs a month, as a minimum. I own over 1000 CDs.

      Just wondering why you think copying will create FREE MUSIC LOVERS rather than just MUSIC LOVERS.

      Anyway, I'm off to hit command-D about fifty times on this Britney MP3 on my desktop. That should really DRAIN britney's bank account, eh?

    5. Re:Probably an unpopular opinion, but.... by Eamon+C · · Score: 3, Insightful

      Figuring out a new model that is beneficial to artists, consumers, and the corporations providing the content?

      Artists? Definitely. Consumers? Absolutely. Corporations? WHY?!

      The RIAA isn't fighting P2P because of lost record sales. They're fighting it because it hints at a new model, where artists bring their music directly to their fans. No "breakage" clause in record contracts. No payola to Clearchannel. Just musicians making music and consumers supporting them while they do it.

      Just wait until Apple starts selling MP3s of unsigned and indie-label bands for less than 99 cents a pop. These bands will probably get 10 cents a download instead of the fraction of a cent the big labels are offering. The RIAA has every reason to be scared. Unless they can get legislation passed that requires bands to sign to big labels, they won't be around much longer.

    6. Re:Probably an unpopular opinion, but.... by Anonymous Coward · · Score: 0
      BUT all of us bitching about it online and on Slashdot DOES NOTHING. We have to take action on this.
      Maybe we should subject them to the same fate as Alan Ralsky, the imfamous "Spam King". In fact, I think the RIAA is worse. Just search Google for "request catalog name address city state zip" to get started. ^_^
    7. Re:Probably an unpopular opinion, but.... by modipodio · · Score: 1

      "I don't know exactly what point I'm trying to make but it just seems like we're all screaming "foul" on this and maybe we should re-examine the whole situation. Escalating this to an epic battle of theft, rights infringement, lawsuit, counter lawsuit, destruction of an industry just doesn't seem like the only option. "

      At this stage in the game I don't think we really have a choice in the matter as regards an escalation of piracy. Personally I think apples model for online music is about as reasonable a compromise as you are going to get out of the music business, but, I think it is to little to late. People have gotten a taste for free music, they have become accustomed to getting it for free and they know how to get it. If you shut one network/system down their will always be another, people will find out about it and migrate, this happened when napster was shutdown and it will happen again, as the migrations continue the systems will become harder and harder to shutdown.
      The music industry is being forced to tackle this issue head on and go toe to toe with their customers, they don't like it and their customers definitely wont either.

      Re-evaluating the situation is going to do nothing as the situation is that people want free music and they don't care if you call them a thief or not because until they are caught, put in jail and fined they are going to continue downloading regardless of what the /. community thinks. The opinions of the /. community are like farts in the ocean which no one cares about or pays any attention to. People are not going to re-evaluate the situation they are going to continue puttering along downloading music until they or one of their friends gets caught, that is what will make them re-evaluate the situation. This type of conflict, the one you described, is inevitable because just as the RIAA can do nothing significant at the moment to stop people sharing music neither can people on /. .

      Even if all the people on /. stopped downloading content they did not pay for would it really make a difference now that the great unwashed masses have tasted free music ?

      --
      __________________________________________________ "UNIX is a fascist state, Windows is a democracy.
    8. Re:Probably an unpopular opinion, but.... by twisted53 · · Score: 1

      The ablity of people to use the tech has surpassed the ablity of the people who want to profit from it. The RIAA has done little to take advantage of that fact simply because they can't profit as much as they would like to. Eight Tracks,BETA,VCR,they all had challenges to the tech, they all passed the test....prior the NET and digital tech... So now we can make better copies and share them if we so desire.. I profit nothing from this exchange except to communicate with others who share my love of music. I guess what comes next is my humming a tune I like and getting busted by the MUSIC POLICE "You have the right to remain SILENT ..." Gee maybe if our CD players and our connections all went silent for awhile maybe the INDUSTRY would get the message. You can vote in a booth or vote with your wallet... BUT.....you better vote.

    9. Re:Probably an unpopular opinion, but.... by erlorad · · Score: 1

      I personally think that "benefiting the artists" is a bit overboard... Think about it for a second - can you imagine a real artist painting one picture and earning millions on it? Yeah it happens, but generally you have to be dead and dutch or spanish.
      We have thousands examples of completely worthless pop crap selling in millions and "artists" earning tens of millions, and somehow we consider that completely normal. IMO, calling that "art" and getting worried about "artists" is a bit too much, don't you think? True artists work out of their passion, love for art, fame and chicks, not because they want phat bank accounts.

    10. Re:Probably an unpopular opinion, but.... by Shillo · · Score: 1

      > Most of them don't know or even consider that it IS stealing. DON'T STEAL MUSIC was part of the message sent buy the RIAA (Apple is still innovating the industry, in more ways than one. Remember when the iPod first came out....) and this is something we should really think about.

      It is NOT stealing. It's copyright infringement. And RIAA is guilty of the crime of abusing the language. Think about it for a second: they made people rename a very abstract crime (which in fact used to be a misdemeanor in 70's and 80's) into an emotionally loaded word. That is something we should really-really think about.

      --

      --
      I refuse to use .sig
    11. Re:Probably an unpopular opinion, but.... by SkunkPussy · · Score: 1

      The RIAA isn't fighting P2P because of lost record sales. They're fighting it because it hints at a new model, where artists bring their music directly to their fans.

      This argument is BULLSHIT. I would bet my entire life wages on this. Look what happened to the web. 8 years ago it was all "everyone has the power to publish". Now 90% of web traffic goes to 10% of websites. Corporations have co-opted the web.

      Why do you think that internet music promotion and distribution will be different? Maybe there will be a different set of 5 major labels, but within 10 years the music distribution and promotion channels will have been bought up or destroyed by whichever companies win. (apple's a player at the moment, although I suspect that it will get sidelined to about a 4% market share, as usual). Face it, this is what coroporations do best. I don't know who will win, and it probably won't be the RIAA, but it sure as hell isn't going to be the individual artists!!!!

      --
      SURELY NOT!!!!!
    12. Re:Probably an unpopular opinion, but.... by GregWebb · · Score: 1

      Exactly. And I'll bet you've since bought a decent number of the albums you had taped.

      Home taping is mostly by kids who can't afford anything else. If the music's actually remotely good, they'll buy it when they can afford it. I know I had similar stacks of tapes, 99% of which I know own legit CDs for.

      --

      Greg

      (Inside a nuclear plant)
      Aaaarrrggh! Run! The canary has mutated!

    13. Re:Probably an unpopular opinion, but.... by Anonymous Coward · · Score: 0

      I take it you don't buy any products, then?
      But hey, at least those Chinese people can go work to death farming some piece of garbage land in a country with a billion. I mean compared to making Nikes, that's paradise.

    14. Re:Probably an unpopular opinion, but.... by iabervon · · Score: 2, Informative

      We do have to realize that it is the recording industry that signs artists, produces and records their work, and markets them to a vast audience.

      But it's the indie labels who actually do this honestly, not the RIAA. And the indie labels are doing better than they ever have, despite frequently giving away free samples online, despite the economy being bad, and despite the problems the RIAA is having.

      Like it or not, content distribution depends on the good will of the consumer for profit. You won't make any money on something, regardless of whether it's good or popular, if people don't think they should pay you for it. The RIAA's legal tactics have made people not want to pay them, and this means that they don't make money.

      It doesn't even have to be illegal to not pay RIAA companies: if you just listen to the radio, buy used CDs, buy from indie labels, and listen to the music you already have, they don't make any money. Someday, perhaps, they'll realize that P2P is like radio, except that they don't have to pay huge amounts of money to get their music on it.

    15. Re:Probably an unpopular opinion, but.... by Kamel+Jockey · · Score: 1

      Just wait until Apple starts selling MP3s of unsigned and indie-label bands for less than 99 cents a pop.

      I don't think this is going to happen. Recall that Apple is doing this with the support of the music industry. If Apple were to antagonize the industry by pulling a stunt like this, the industry could easily yank its support and send legions of lawyers to Cupertino. Considering the resources that Steve Jobs put into making this deal work, I don't think he'd be foolish enough to take a risk like that.

      --
      In case of fire, do not use elevator. Use water!
    16. Re:Probably an unpopular opinion, but.... by danila · · Score: 1

      1) Don't call downloading music from Internet stealing. It it not. If you insist on calling it so, I will call you a murdurer for posting something I don't agree with.

      2) In many countries downloading music is perfectly 100% legal, but sharing is illegal, in some sharing is 100% legal and downloading is illegal, in some both are legal. And Slashdot is an international forum. Stop spreading FUD that RIAA/MPAA infected you with.

      3) It doesn't matter whether you personally steal the music. There are tens of millions of other users. Your own action are irrelevant in the grand scheme of things.

      4) Nothing terrible would happen if people stop buying music. The market will adapt. There will still be music, although produced and distributed in different ways.

      5) You are right that it is important to fight DMCA. That is important. Everyone reading this, please consider going to the fridge for a beer or a coke, sit down and write a letter to your congressman. Explain that you oppose DMCA and would like him to do the same. And donate something to EFF if you haven't done so recently.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    17. Re:Probably an unpopular opinion, but.... by thompsok · · Score: 1

      When Apple starts selling MP3s of unsigned and indie-label bands, the artists still wont make any money because no one will download their music. No one will download their music because no one has heard of them. No one will hear of them because they wont get radio play. They wont get radio play because ClearChannel communications dominates the radio in every market. ClearChannel wont play them because 1. They aren't getting a big phat kickback from the artists label. 2. They are in bed with all the record labels and want to help preserve their monopoly. The first thing that has to happen is for ClearChannel to change its ways so that artists aren't dependant on big record labels for radio play. I wouldn't hold my breath waiting for that one to happen.

    18. Re:Probably an unpopular opinion, but.... by Anonymous Coward · · Score: 0

      But that means that 10% of the traffic goes to the other 90% of websites. That's better than 0% of traffic for the pamphlets I photocopy in the library and try to give out for free. Look at the blog phenomenon. Look at what slashdot does for small web sites. It's not about actual viewers, its all about potential viewers. If you write something intelligent or create something worth viewing, the web allows you to potential connect with millions of people.

      Even if the major labels resist going to digital transmission, the independents are able to find their niche on the web.

    19. Re:Probably an unpopular opinion, but.... by drix · · Score: 1
      "Way to go, RIAA. Sue and threaten the public, your customers. I think I'll go and download," one posting on Yahoo said.'

      This "zinger" has been seized upon by many posters here, but few have noted the fundamental idiocy underlying it: at the point where you are offering (and, by extension, downloading) music on Kazaa, eDonkey, etc., you're not really a "customer" anymore, are you? If I go down to the Best Buy and steal CDs, I pass from being a customer to being a shoplifter. Since I never had any intention of buying from them in the first place, they don't have any problem throwing me in jail. I don't see how the logic is any different on-line.

      --

      I think there is a world market for maybe five personal web logs.
    20. Re:Probably an unpopular opinion, but.... by Anonymous Coward · · Score: 0

      You're forgetting that before they shut down Napster, the RIAA members benefited from file sharing due to the increased sales from their *customers* who were downloading the music on Napster and discovering what they liked.

    21. Re:Probably an unpopular opinion, but.... by Mark+Dentari · · Score: 1

      Ok, lets do it. We need a clear mandate and clear detailed list of how we propose change in the DMCA. I'll sign up for it and help spread the word and bring other Technocrats to the fold. We embrace technology and do not shun it. Put me on the list.

    22. Re:Probably an unpopular opinion, but.... by Eamon+C · · Score: 1
      This argument is BULLSHIT. I would bet my entire life wages on this. Look what happened to the web. 8 years ago it was all "everyone has the power to publish". Now 90% of web traffic goes to 10% of websites. Corporations have co-opted the web.

      Have you paid attention to the studies that show who's actually making money on the web? It's not the corporately-owned portals and news sites, it's porn.

      If independant artists are going to start making money on the web (and I believe they can), they should follow the lead of three important internet trends: blogs, camgirls, and porn sites. The first two get traffic with virtually no advertising, and the third make money without corporate backing.

    23. Re:Probably an unpopular opinion, but.... by Alphtoo · · Score: 1

      Re. post by G3ek: Sorry, but the RIAA has outlived its usefulness. I'm not advocating "stealing" music, but I will advocate avoiding spending a penny on anything they, or the MPAA, provide. Hit 'em where they eat. Starve the bastards out. They're not worth the powder it would take to blow 'em to hell, to the artists, consumers, or to anybody but themselves... and even that usefulness is coming to an end.

  44. Use GNUNet! by Anonymous Coward · · Score: 0

    When GNUNet is ready and people start to use it, those kinds of problems will cease to exist(GNUnet offer anonymity and deniability) but, they will probably be replaced by some other issues. I wonder what they will be?

    1. Re:Use GNUNet! by benna · · Score: 2, Insightful

      I wish this was so but I think the lack of a windows version will be its downfall. Not supporting windows but you need it to get enough people online and sharing.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    2. Re:Use GNUNet! by pantropik · · Score: 3, Interesting
      From the GNUNet home page:

      Here is the current development plan:
      fix bugs
      add directories and namespaces
      add additional transports
      add support for internationalization (GNU gettext)
      port to OS X
      port to Win32


      And here is a paper (PostScript) describing what GNUNet means by anonymity.

      From the official GNU page for GNUNet:

      Anonymity is the lack of distinction of an individual from a (large) group. A central goal for GNUnet is to make all users (peers) form a group and to make communications in that group anonymous, that is, nobody (but the initiator) should be able to tell which of the peers in the group originated the message. It should be impossible for an adversary to distinguish between the originating peer and all other peers. In particular, even peers should not be able to recognize from which node the message originated.
      Of course, in practice, it may be possible for a powerful adversary to do some analysis and potentially assign higher probabilities for being the originator of a message to a subset of the peers. GNUnet tries to make this as hard as possible (see our paper on anonymity). The degree of anonymity (how hard it would be to distinguish an individual from the group) in GNUnet depends on the resources (mostly bandwidth) that the individual has available to achieve anonymity.

      In the case that an extremely powerful adversary was to break the anonymity of a peer, GNUnet provides deniability. Deniability means that the communication is secret in the sense that only the final recipient knows the key to decrypt the message. The sender and the intermediaries are unable to determine the actual contents. Since content migrates in the network, the originator of the content can often plausibly deny knowledge of the contents since the content could have migrated to the peer, making the originator indistinguishable from an intermediary. Since intermediaries have no means of decrypting the content and are (in all sane legal systems) thus not legally responsible for them (if you use the Internet to send an encrypted E-mail, your Internet Service Provider (ISP) will typically not be held responsible for the content that its servers transmit; in GNUnet, every peer plays the role of an ISP, providing Internet services to other peers).


      Sounds good to me. According to the docs, the final version should be ready in time to ship with HURD 1.0!

      (That last bit was a bad joke. I hope.)
  45. THX 1138 knew best by djupedal · · Score: 1

    ...in the constant striving for perfection in the AIA.PB848's which have been built this year. Five felons have been caught fleeing rehabilitation center dd2. All five have been undergoing treatment for drug offenses, two of the felons were products of the sex act, the other three....

    LUH
    What?
    NEWSCASTER
    Two of the felons are products of the sex act, the other three are from reproduction clinic nineteen. The quintet escaped from compound 545 and were all subsequently destroyed. Reports indicate....

    THX is confused and preoccupied.

    SEN (Cont.)
    I know what you're thinking... Program shifting isn't that major a crime is it?
    (pause) LUH is a problem for you. I've watched her during work. She's been acting very strange.

    THX stands up and starts for the door.

    SEN
    I won't have another mate like ONA. You rate very high in sanitation. I've checked. In fact, I am surprised that you were ever matched with LUH. Her ratings are very erratic - you know what I mean. We'll be happy.

    THX
    I don't feel well

    1. Re:THX 1138 knew best by MillionthMonkey · · Score: 1

      THX1138 was the best movie George Lucas ever made. No other science fiction movie has ever done such a good job of capturing the seventies.

    2. Re:THX 1138 knew best by Anonymous Coward · · Score: 0

      No kidding. But, as far as I know, it's not available on dvd. Of all the trash that's out there on dvd, this gem still has to be taped off of Encore or something. Is taping a movie legal?

  46. MP3's by Anonymous Coward · · Score: 0

    I was first introduced to MP3's a number of years ago at a house party in London (UK). The hosts had some friends who worked at MTV, and these blokes brought along around 10 CD's full of MP3's with tunes that varied from old 80's stuff that I hoped I'd never hear again, to some songs which were still due for major release.

    The trouble is, it's all too easy to get MP3's. I love that, and it's obviously going to change the way we percieve musicians as artists and what they should be paid.

    This scare tactic just proves that the recording companies are scared of loosing their 'muso' lifestyle, and the trapping that are associated with that. IM's from people I don't know get binned with other junk mail.

  47. How is RIAA != mafia/Triad? by hhknighter · · Score: 1

    How is this different from the mafia and triad members asking for protection money? The effect is the same, a user is being threatened, rather or not of what he is or is not doing.

    In effect, all the RIAA is doing is to scare people into doing something. That's got to be illegal in some way. I mean, would the police pull a gun on a crack addicts head?

    perhaps the difference is that sometimes even the mafia and triads have morals

    1. Re:How is RIAA != mafia/Triad? by zutroy · · Score: 2, Insightful
      The difference is this:

      The mafia kills people.
      The RIAA sends people messages over a computer.

      If those both scare you equally, you have issues.

    2. Re:How is RIAA != mafia/Triad? by hhknighter · · Score: 2, Insightful

      Method is what I am asking

      Not the effect

      big difference there.

      Concept is the same. You are virtually SCARING someone into doing something.

      To some people, going to jail is equal death. So you end up the same. And that doesnt mean that person's got issues, it just means that his vision of jail is different from yours.

    3. Re:How is RIAA != mafia/Triad? by zutroy · · Score: 1
      Well, how's this then:
      In the RIAA's case, most of their victims are actually doing something illegal.

      In America, we are SCARED into not breaking the law, by the threat of going to jail. That's why we don't break the law.

      The RIAA is trying to scare you into not sharing their members' songs. If you get scared of going to jail and stop sharing the songs, then their goal is accomplished.

    4. Re:How is RIAA != mafia/Triad? by Anonymous Coward · · Score: 0

      The RIAA are not the government.

    5. Re:How is RIAA != mafia/Triad? by Anonymous Coward · · Score: 0

      Yeah, there is a big difference there, but not the one you are talking about. The mafia demands 'protection' money from you, and you either pay or they break your legs. The RIAA is sending out IMs to people breaking the law by sharing copyrighted materials. THAT'S the difference.

  48. More or less, yeah by Anonymous Coward · · Score: 0

    I am not clear on your second to last paragraph, but if your saying that the RIAA is illegaly downloading the copyrighted songs to verify that they are in fact, illegal copies... I think they do have that right. Or at the very least, I think the will get legal permission from the record lables to make illegal downloads and check them.

    Also, your right, to cut down on the number of downloads they would have to make, they could implement some sort of hashing on the bit streams in the files. This would work for A LOT of popular songs where everyone seems to have the same copy. However, technically, one could argue that with hashing, two completely different songs could have their contents hash to the same value, and thus hashing, or comparing the contents of the suspected illegal copy's contents by data alone, and not audio output, is not a valid or technically sufficient proof.

  49. encrypted p2p anyone....... by Anonymous Coward · · Score: 1, Interesting

    time to move to encryption. encrypted peer to peer is the answer i think.. distributed 128 bit encrypted p2p. now that is music to my ears.

    1. Re:encrypted p2p anyone....... by benna · · Score: 2, Informative

      According to the patriot 2 act, if it is passed, you will be able to go to jail for an additional 5-10 years if you are cought "stealing" music even if that charge only gets you a fine.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
  50. Its kazaa, not napster. by Anonymous Coward · · Score: 0

    Who cares if the RIAA are hitting kazaa users. If you are serious about acquiring mp3's that are of decent quality you certainly won't be expecting much from kazaa.

    At the end of the day kazaa carries a lot of 128 kbps (Inferior) copies of mostly common, bad music. Napster was much more effective for rare tracks but kazaa is mostly a virus ridden poor rendition.

    Kazaa is not the first place to look for mp3's, its the last.

    The

  51. I think I saw a message from the RIAA once, by user+no.+590291 · · Score: 1

    but then I kill-filtered *@riaa.com from alt.binaries.mp3.*.

  52. Waste of bandwidth by SamMichaels · · Score: 1

    First we waste bandwidth on causing wallop hacks, channel flooding and massive bot networks on IRC. Then we discover DDoS and waste bandwidth on that. Then the spam gets so bad that the majority of email traffic is spam.

    ...now "millions and millions" of IMs. Die.

  53. Smoking gun by Anonymous Coward · · Score: 0

    Seems to me like the RIAA is looking for WMD's - invade first, then question.

  54. The term is Barratry by Travoltus · · Score: 3, Informative

    HTH

    --
    --- Grow a pair, liberals... stop letting the Republicans bully you!
    1. Re:The term is Barratry by Anonymous Coward · · Score: 0

      HTH? ? Hack The Hampster? WTF?

  55. !! This is what is coming NEXT !! by pair-a-noyd · · Score: 3, Funny
    1. Re:!! This is what is coming NEXT !! by jafuser · · Score: 1

      Maybe in 10 years.

      They (RIAA+MPAA) will pay our government to grant them their own legally-sanctioned police force. Our government will have no choice but to take the cash to keep paying social security.

      I'm not kidding. =/

      --
      Please consider making an automatic monthly recurring donation to the EFF
    2. Re:!! This is what is coming NEXT !! by sharkey · · Score: 1
      Must be someone's birthday!!

      Lou: Hey Chief, can I hold my gun sideways? It looks so cool.
      Wiggum: Anything you want, birthday boy!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  56. I doubt Kazaa would sue by Anonymous Coward · · Score: 0

    I would find it unlikely that Kazaa would try to sue the RIAA. For many reasons, but particularly one that might normally be over looked:

    If Kazaa sued, they would have to attach a real person's name to the law suit, and give a location for themselves. This is one reason that the RIAA is having trouble suing Kazaa in the first place, they don't know who exactally to sue, and where they are located! (though there is a pretty general idea, but still spread between australia, holland, and eastern europe)

    1. Re:I doubt Kazaa would sue by drdink · · Score: 2, Interesting

      If Kazaa sued the RIAA because of this, I would assume that this would be interpreted as they (Kazaa) are responsible for enforcing the Acceptable Use Policy which also says unlawful transfers are not permitted. The RIAA could then sue them back and win this time.

      --
      Beware, Nugget is watching... See?
    2. Re:I doubt Kazaa would sue by PhilHibbs · · Score: 1
      ...which also says unlawful transfers are not permitted
      I suppose you could mount a defence that the data itself isn't unlawful. It probably wouldn't stand in court for a moment, though, and you might even be accused of contempt for the cheek of it.
    3. Re:I doubt Kazaa would sue by PMuse · · Score: 1

      Mod parent up. Kazaa either has control of its users or it doesn't. Sueing RIAA would be a bad plan -- particularly because even a flood of IMs is just an annoyance.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  57. Soviet Russia or info minister? by benna · · Score: 0, Troll

    Can't anyone be creative enough to think of one of these? I am getting bored without one to reply to.

    --
    "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    1. Re:Soviet Russia or info minister? by Anonymous Coward · · Score: 0

      IN SOVIET RUSSIA, you threaten RIAA...

      IN IRAQ... there is NO file trading, as our people are MODEL citizens who would never steal anything, let alone priceless historical antiquities....

      I would post with my name but I am afraid of the Karma hit...

  58. Obligatory quote from Monty Python & Holy Grai by AnalogDiehard · · Score: 0

    "That's just a rabbit!!"

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
  59. RIAA's response by tetro · · Score: 1

    u'RE 1/\/ d33p d00 d00 no 435 no youssa in deep doo doo!

    --
    .smell my feet.
    1. Re:RIAA's response by tetro · · Score: 3, Interesting

      Out of curiosity, can Morpheus and Grokster use SPAM laws since the RIAA sent out a mass amount of unwanted messages with negative connotations?

      --
      .smell my feet.
    2. Re:RIAA's response by pantropik · · Score: 1

      Morpheus and Grokster can't do a thing and would be Napster-style stupid to try.

      That's part of the basis of their defense. The "network" is just a transient agglomeration of clients. The reason they are still alive is because there's not a central office through which all that spam was routed. By sending that message out to a couple hundred thousand people, RIAA took bandwidth piecemeal from members of the network but not from any one entity that could claim damages.

      I'm sure the RIAA would love it if they'd try, though.

  60. A transcript of the conversation by Ryan+Amos · · Score: 4, Funny

    You are participating in the piracy of copyrighted materials. You are not anonymous, and further violations can result in legal action being taken.

    <l4m0rman2000X> omg wtf

    <RIAA> Please remove all copyrighted material from your shared folder and refrain from downloading copyrighted material in the future.

    <l4m0rman2000X> gimme the new limp bizkit faggot

    <l4m0rman2000X> fuck u

    <RIAA> I am attempting to converse in a civil manner. You have been given a warning to cease your illegal activities. Failure to do so could result in legal action being taken.

    <l4m0rman2000X> shut up b4 i ddos u!!!!!1 take ur jewish lawyer crp back 2 israel!!!!1

    *** Quits: l4m0rman2000X (Leaving)

    1. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      As sad as it is, I have to say that what you just posted there is probably not far from the truth at all.

    2. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      Maybe it's because I'm a nerd. Or maybe it's because it is 5:20am. Or maybe both. But that had me rofl.

    3. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      This comment's braindead parent is not funny - it is offensive and gratuitously anti-Semitic. It makes no serious point, and it isn't even remotely clever. It should be moderated down to "-1, flamebait," because that's all it is.

    4. Re:A transcript of the conversation by WWE-TicK · · Score: 0

      Actually it's funny because thats what a usual conversation with your average idiot online really looks like.

    5. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      Fuck you, gentile.

      Whack transubstantiationists.

    6. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      I bet you are some sleezy Jew lawyer.

    7. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      I don't know... I think you may be able to add a mao to that rotfl.

      that was frickin hilarious. (damn 5kr1p+ k166135!) :-)

    8. Re:A transcript of the conversation by Anonymous Coward · · Score: 1, Funny

      RIAA: You are participating in the piracy of copyrighted materials. You are not anonymous, and further violations can result in legal action being taken.

      scientology4u: That's interesting, please tell me more.

      RIAA: Please remove all copyrighted material from your shared folder and refrain from downloading copyrighted material in the future.

      scientology4u: That's great, but even more important is the role of Scientology in your life. Tell me, are you familiar with the works of L. Ron Hubbard?

      *** Quits: RIAA (Leaving)

    9. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      Your post is a disgusting example of blatant anti-semitism. "Jewish-lawer", "back 2 israel"...Wow! You must have been reading your neo-nazi literature again. This is a sad and shocking reminder that not everyone who reads and posts on slashdot is an enlightened, intelligent person. You are an unapologetic racist and you should be ashamed of yourself.

    10. Re:A transcript of the conversation by orkysoft · · Score: 1

      :: bites troll ::

      No, he's imitating ignorant people who actually type like that.

      --

      I suffer from attention surplus disorder.
    11. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      Modern usage of the term "anti-semite" boils down to this: If it's not a compliment, it's anti-semitic.

      And it was a joke! Lighten up, Francis!

    12. Re:A transcript of the conversation by mobileskimo · · Score: 2, Insightful

      Its not you. It was fuckin hilarious. Regardless of how stupid it was.

      As for the anti-semtic. yayayayaya. OK. Slap him on the wrist. And you! GET OVER IT! There have been horrendous acts of racism that have been visited upon throughout all mankind for every imaginable race. The very fact that racist comments are all we have to deal with now for the MOST part (yes we have incidents, surprise the world's not perfect, but we're getting there), and not an EPIDEMIC, national, INSTITUTIONALIZED, accepted, persecution is relief.

      Racism will live as long as humans are different. In one form or another. So, some people don't like you and your "kind". Not everyone can be as RIGHTEOUS and fair as you, ok? Just get on with your life.

      --
      "Last one in is a rotten goblin!" - Kepp
    13. Re:A transcript of the conversation by shotfeel · · Score: 1

      Call me crazy, but I thought the best way to respond to the RIAA's new tactic is exactly this. We know spam works because a small percentage of people respond. What would happen if even a small percentage of people who got this message gave a nice. long reply.

      Given the trouble the RIAA has keeping their web site up, it could be fun.

    14. Re:A transcript of the conversation by Ryan+Amos · · Score: 1

      Haha this is just a troll I'm sure (or someone with absolutely no balls. AC? c'mon) but I was making fun of all those morons who play counter-strike and call everyone "jew" as if it's an insult.. And then they run away ;)

    15. Re:A transcript of the conversation by Anonymous Coward · · Score: 0

      There's a possibility that everyone on Slashdot who found the joke funny is a f**king goy.

      But, hey, this is Slashdot. Everyone knows they wouldn't HAVE anyone to f**k.

    16. Re:A transcript of the conversation by mobileskimo · · Score: 1

      What's a goy?

      There is that possibility that everyone on slashdot who found the joke funny is whatever it is you propose they are. However the chances are very slim since the diversity of human's and their behavior strongly suggests that a common set of ANY attributes does not apply to EVERYONE, in any community of anonymous people. Especially on slashdot.

      And what does the fact that this message is on Slashdot have to do with copulation?

      Perhaps if you try to write without so much negative emotion you may get your point across. As it stands now, your comment has no value since your intended audience neither perceived the meaning of your message nor its goal. Only its attitude.

      I don't particularly care for anti-semetic jokes myself. I found the transcript of the conversation to be funny because what was portrayed was a "corporate"-type person conversing with a "haxor"-type and the failure of their communication. Not because it was anti-semetic. As I said, get over it. It wasn't the point. It never is. As long as people like you make such a big deal out of it, our next generation won't. Any argument you've had with your mother, brother, sister, or lover works the same way. As long as you bring it up, the animosity between the two sides will persist. If both sides forget the argument, you can both move on to better things.

      Ever heard of 2 wrongs don't make a right? If someone hates you, hating that person back only makes you only slightly less a bad person.

      --
      "Last one in is a rotten goblin!" - Kepp
  61. "reforming a community"? by Captain+Beefheart · · Score: 4, Insightful

    Respectfully, I don't think the RIAA looks upon the mass of file sharers as a community. No one I know who shares considers themselves part of a community. Besides, that kind of approach would make the RIAA look soft. They don't want to reform anyone, I don't think. They just want them to stop and will send lawyers if their demands aren't met. The infringers are seen as nothing more complex than an army of shameless theives.

    1. Re:"reforming a community"? by benna · · Score: 3, Funny

      Yeah thats the problem with p2p. Now IRC warez, thats a community.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
  62. Well... by SaraSmith · · Score: 5, Insightful

    Personally I spend money on music pretty regularly. I go see a lot of bands live, maybe buy a t-shirt, buy cds straight from the bands, etc...

    I really don't see the problem with the RIAA trying to limit piracy, it's their tactics that suck. Kazaa for example has a lot of stuff traded on it that has absolutely nothing to do with the RIAA, yet they try to shut the whole thing down, and they're terrible hyocrites and can't see that they need to change their business model. I hardly even use cds anymore, and if I do they're mp3 cds. I have the means to use more convenient methods than having hundreds of cds laying around (and I HAVE hundreds, legally bought over the years.. not many from recent years, but hundreds nonetheless) so why the hell should I stick to overpriced media in a format I don't even like anymore?

    They don't get with the times... people adapt, they're not. Tough shit if nobody wants to do business with the RIAA anymore. You might as well sue me if I grow food in my garden because I've decided it's nicer than paying for all my food already pre-grown. Not the same thing, sure, but it's a similar situation...

    Of course I'm preaching to the choir here.

    I think pay music can and should exist. They're obviously not learning how to SELL it though. Update the business model, get with the times, stop screwing over the bands (I won't get into that here, but they certainly do), and realise that most people don't want to spend nearly $20 for an hour's worth of content when there's so many hours of content out there to listen to.

    Support your favorite bands by seeing them live. You'll probably even discover a lot of new music that way too.

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

      I just wanted to throw my two cents in here...because thats all I can afford, haha. Anyways, I too am a huge supporter of live bands. I probably have caught about 20 this year already and have lots more planned. Most of these bands do not get radio play or advertising. Nor do they want/need it. They have built a loyal and growing fan base by touring and word of mouth. Most of these bands even allow tapers at their shows. To them sharing music online actually helps them grow and I believe that this is another thing that these record execs fear.

  63. i've said it before, and i'll say it again... by deus_X_machina · · Score: 5, Insightful

    ...but maybe if the RIAA spent more time producing products people wanted to purchase and less time alienating their users they wouldn't have this problem!

    Justin Timberlake, Christina Agularia, Kelly Clarkson, 50 Cent, and Linkin Park are being shoved down the throats of their listeners with their preprocessed, $18 garbage, its no goddamned wonder CD sales are down! In one quick swoop, Napster made available all of the "good" music people want to hear AND made the CD format obsolete.

    I'm sorry, but I believe it's time for the RIAA to buckle down and try and change their business model if they want to stick around.

    --
    "In a Democracy, people get the kind of government they deserve." -Winston Churchill
    1. Re:i've said it before, and i'll say it again... by Anonymous Coward · · Score: 0

      You dont even know what a buisness model is!

    2. Re:i've said it before, and i'll say it again... by Anonymous Coward · · Score: 0

      You don't even know how to spell business!

    3. Re:i've said it before, and i'll say it again... by Xyde · · Score: 2, Funny

      Christina Aguilera actually has vocal talent, and some nice songs (if you bothered buying an album instead of downloading the "hits" from kazaa), as opposed to the rest of them, which are, yes, shit.

    4. Re:i've said it before, and i'll say it again... by Anonymous Coward · · Score: 0

      :: Christina Aguilera actually has vocal talent, and some nice songs ::

      OMFG!!!!1 n00b! didnt u mean 2 hidt 'post anonymusly' LOL! ROMLMAO!!!!!!!11111111

    5. Re:i've said it before, and i'll say it again... by maxpublic · · Score: 2, Insightful

      Perhaps, unlike your claim, people actually want to hear the music that's currently popular. I know that doesn't fit your college student model of how the world 'should' work (where everyone listens to indie or rap garbage), but the RIAA isn't the only one in need of a reality check here....

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
    6. Re:i've said it before, and i'll say it again... by Anonymous Coward · · Score: 0

      You don't even have a life!

    7. Re:i've said it before, and i'll say it again... by Theaetetus · · Score: 1
      Justin Timberlake, Christina Agularia, Kelly Clarkson, 50 Cent, and Linkin Park are being shoved down the throats of their listeners with their preprocessed, $18 garbage...

      Small point of order... It's very difficult to process something after it's been published. Everything is pre-processed, by definition (or, really, just 'processed').

      Methinks you meant 'over-processed'.

      -T

    8. Re:i've said it before, and i'll say it again... by deus_X_machina · · Score: 1

      You know, last night I was flipping through the channels when I came across the new "Jewel" video on VH1. If you remember Jewel from back in the day, she was a cute little girl with a guitar who did coffee shop type songs, it was kind of catchy. She became popular because she did something (more) genuine, a bit more original, something simple, a little bit different than everyone out there, much like Norah Jones today.

      Now, years later, her video appears more like a rap video, its got big flashy letters, her walking through a fashion shoot, NYC, and doing other 'high speed' things big artists do in their videos. A huge budget has been added to what was once appreciated for being simple and original... And I can promise you, her album isn't going to sell shit. Now she's just like every other dime a dozen 'artist' out there.

      Face it, many people are fed up with the overprocessed garbage, and when they're given a new medium to listen to new music, they'll take advantage of it.

      As for "where everyone listens to indie or rap garbage". How about Hendrix? Zepplin? Dylan? Joplin? The music wasn't created in a studio by record execs. It's harsh, it's unpolished, none of the artists were pretty, but it's still the best music ever created (by most standards), and it continues to sell strong decades after it was made. It's not "pop", it doesn't dominate the charts, and record companies couldn't tell you why it's good, nor emulate the sound and capitalize off the success. But it worked.

      The RIAA overlooks niche music, squishing all popular styles of music into something they can play on the radio. Of course music on the radio is going to be popular if that's all you're exposed to, thats the idea.

      They refuse to let artists grow or invest the proper time into them. For instance, an artist first sells tons of albums off their originality/talent, then they try to do a followup album, complete with RIAA budget and backing, and BAM! it sucks. Then you never hear from that band again. Think 99% of the bands you heard once or twice in 1998.

      Other times they find a decent artist and he or she sells only 100,000 copies of their first album, and it's all over.

      I suggest that the record companies put more effort into developing bands and less into curbing piracy.

      Perhaps, unlike your claim, people actually want to hear music that's currently popular. Yeah, I'm sure N'Sync and 50 Cent will be around in a few years from now... people don't WANT to listen, they just know no better because their options are so limited.

      --
      "In a Democracy, people get the kind of government they deserve." -Winston Churchill
    9. Re:i've said it before, and i'll say it again... by maxpublic · · Score: 1

      but it's still the best music ever created (by most standards)

      No, it's the best music by your standards. Which aren't in any way superior to mine, in case you haven't noticed. Claims to the contrary are nothing more than baseless arrogance.

      people don't WANT to listen, they just know no better because their options are so limited.

      Oh, piss off, you shallow little egotist. You don't have the first damned clue what these people want to listen to, other than the evidence of their buying habits. And lo! It appears that they like pop quite a bit, given the amount of money the likes of Britney Spears, Christina Aguilera, and Mandy Moore are raking in.

      These folks know what they like, and what they don't. They aren't suddenly going to 'convert' to your listening habits because they hear some piss-ant garage band you happen to enjoy banging away on their electric guitars. So why don't you just get over yourself, admit that pop is popular because alot of people happen to like it, and move on?

      Max

      --
      My god carries a hammer. Your god died nailed to a tree. Any questions?
  64. Plausible denyability !!!!!!!! by Anonymous Coward · · Score: 5, Interesting

    I don't know about you... but I have a wireless basestation.... no password... soooooo I suppose someone else from my IP MUST have been d/ling all the copywritten stuff... I just use KAZAA for the *significant* non-infringing uses... /Sounds like reasonable doubt to me...

    1. Re:Plausible denyability !!!!!!!! by benna · · Score: 1

      Oh man thats the best post I have EVER seen on /. I have a wireless basestation too now that I think of it. It has a password but those can EASILY be snatched out of the air. Thank you for the new ammo.

      --
      "It is not how things are in the world that is mystical, but that it exists." -Ludwig Wittgenstein
    2. Re:Plausible denyability !!!!!!!! by cheshiremackat · · Score: 1

      Yeah, I agree best post ever! Hmmm I wonder why he posted as an AC????

      Wait, I know... I have 95 Billion reasons why... :)

      --
      Bad spellers of the world untie!
    3. Re:Plausible denyability !!!!!!!! by bert33 · · Score: 1

      I've been thinking about this for a while... If enough people were to set up unsecured wireless basestations such that (in, say, an apt complex) there were always 4 or 5 different signals available for a given user how could anything be tracked? I don't think there's any legal obligation to secure a wireless network.

      Of course this would probably lead to the RIAA being able to storm your residence and "take inventory" of the files on any drives/storage media.

      --
      These people look deep into my soul and assign me a number based on the order I joined.
    4. Re:Plausible denyability !!!!!!!! by EmagGeek · · Score: 3, Interesting

      Do you now? Well then under the Homeland Security Act, you're a terrorist.

      Recall that part of the Homeland Security Act makes having an open AP a terrorist act if it is actually used by someone to aid, comfort, or assist a terrorist organization. Osama binLaden connects through your AP and sends an email, and you're going to prison for the rest of your life (while he roams free, mind you)...

  65. Re:Damnit! Corrected version... Re: Hi! CtC? by Guppy06 · · Score: 3, Funny

    At least they're not trying to get me to look at their webcam...

  66. I agree, stealing is horrible by shepd · · Score: 1

    But I'm willing to make exceptions for Britney Spears.

    (for the sarcasm impaired: Stealing Britney Spears music would mean she wouldn't have the master tapes anymore, which would mean none of you would ever have to listen to it again. Wouldn't that be nice?)

    Now, violating copyright, that's something I can get behind.

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

    This reminds me of e-mail I got from my internet provider concerning e-mail they got from NetPD. Funny thing was that I haven't ever shared song trough p2p-network I just had the client on. And as I looked trough the mail I found out I never had owned mp3 they mentioned or even haven't had directory which they referred it would have been on my computer. (Yes. I was using WinMX where you can see share directories on sharing computer) So I think this is probably same kind of harasment as I got.

  68. Re:Needs help by Anonymous Coward · · Score: 0

    Hey, that post is an exact copy of one I posted a couple of months ago! Respect my copyright or something, will you?

  69. Opening Salvo by Anonymous Coward · · Score: 0

    This is neither a scare tactic nor an attempt at reform; it's the opening salvo in the next battle.

    Next step will probably be legal notices handed out: cough up X dollars for all of these downloads. Pay X now, or if we have to take you to court you pay 2X later.

    How much you wanna bet that X will be some astronomical sum?

    1. Re:Opening Salvo by Anonymous Coward · · Score: 0

      2X

  70. Is this a scare tactic... by Big+Nothing · · Score: 1

    "Is this a scare tactic or an honest attempt to reform the p2p user community, or both?"

    Those of us who actually read the article found this:

    Sherman said the trade group did not plan to take further action against the users it had contacted for now. "There is no next step. We are just letting them know it's illegal and they are not anonymous," said Sherman.

    So it would seem like this is a scare tactic only. For now.

    --
    SIG: TAKE OFF EVERY 'CAPTAIN'!!
  71. One thing that gets me... by DragonMagic · · Score: 1

    Is that the RIAA complains of unfair trading of copyrighted songs.

    The RIAA labels do not own rights to all the copyrighted songs, and some artists grant rights to exchange their works, even on P2P services, freely.

    The RIAA speech needs to stop being so broad and arrogant, already.

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  72. Make CDs more affordable by pyrit · · Score: 5, Insightful

    Hi there

    I am from Cape Town, South Africa and I personally think one of the many reasons why people p2p for music is because of the price of CDs nowadays. Here, we are paying about R130-R150 a CD which averages about $17. It may not sound much for the Americans out there, but for us here in SA, it is a lot of money to spend on a CD.

    Compare to a Large McDonalds Big Mac meal, fries and a Coke for R22.

    Many people out there would rather own the original CD because of the quality advantage and CD sleeve, etc, but people are only prepared to pay for CDs rather than to p2p if they were cheaper. Doesn't the RIAA realise this? Don't they think that if they had to bring the price down by 50% or so that they would sell more CDs, and so in turn make more money?

    But nowadays commerce doesn't think like this. For example, bring the price of plasma television screens down by a huge amount and BELIEVE ME, people will storm each and every Circuit City, Best Buy, etc and buy them.

    I would love to hear your comments on this.

    Thanks

    1. Re:Make CDs more affordable by The+J+Kid · · Score: 0, Troll

      LOL, you are certainly not from Cape Town.

      "Circuit City, Best Buy" ? In South Africa?

      Sure. Nice try, troll.

      --
      Moderation: +4. Modded 70% Funny and 30% Overrated. 100% Saturated.
    2. Re:Make CDs more affordable by Billly+Gates · · Score: 1
      Of course they do.

      The problem is if they sell the cd's for R40 a bunch of people will buy them by the boatloads and then sell them to Americans for $10 each.

      The RIAA would lose money from the rich AMerican market which makes up the majority of their sales.

      This is why the MPAA came up with region encoding. Sell one movie in capetown for R60 and another for $40 or R400 equilivant in the states. Sadly Americans think thats a reasonable price for a dvd because of the extra features and documentaries.

    3. Re:Make CDs more affordable by simnick · · Score: 1

      whatever, you have no idea where the guy (or girl?) is from and you know it.

    4. Re:Make CDs more affordable by Anonymous Coward · · Score: 0

      Hmmm...Best Buy & co are only in N-A in any visible way.

      So, uhm, he/she's from Canada or the USA? hmm?

    5. Re:Make CDs more affordable by Zakabog · · Score: 2, Insightful

      It's a bit off topic but I think it needs to be said in reply to your message.

      For example, bring the price of plasma television screens down by a huge amount and BELIEVE ME, people will storm each and every Circuit City, Best Buy, etc and buy them.

      Think about it, if they sell the plasma screens now at a huge price, like $10,000 (and they do) tons of rich people will go out and buy them because they're new and not many people can afford them so it makes them feel elite. When they lower the price by $2,000 more people will buy them but maybe just the upper middle class. Take off another $2,000 or $3,000 and you'll start seeing alot of middle class people buying them, when the price gets to around $1,000-$3,000 tons and tons of people will buy them (like big screen projection TVs.)

      If they started out in the $1,000-$3,000 price range, the super rich wouldn't buy them cause they're too cheap and wouldn't be such a sought out specialty item that's only available to few people. Kind of like a rolex watch or maybe a porsche, the rich wouldn't buy these if they were economy items and the companies would lose tons of money that comes in from wealthy people who don't care what kind of insane markup the products they buy have as long as they're rare items.

      Doesn't have much to do with the price of CDs but remember you don't always need to buy the new CDs as soon as they come out, wait a while till they're in the $1 bin. You'll end up realizing the music wasn't very good in the first place and spend your hard earned cash on something more usefull.

    6. Re:Make CDs more affordable by meowsqueak · · Score: 1

      Or... maybe [hushed silence]... he/she reads slashdot...! Heck, I live on the other side of the Pacific and even I know what Best Buy is (thru reading said website). Would the point be as well made if he/she had said Noel Leemings Ltd or L.V. Martins Ltd? Do *you* know what those businesses sell?

      Oi! You! Yes, you! North America! How many times do you have to be told, you're not the only continent on Earth, no matter how hard you try to be!

    7. Re:Make CDs more affordable by pyrit · · Score: 1

      Circuit City, Best Buy might not be in South Africa, but to get my point across, I don't think refering to South Africa stores like Audio Vision, Signals Audio Video, DSV, etc would make sense since I cannot imagine the majority of readers to this group being South African.

    8. Re:Make CDs more affordable by Anonymous Coward · · Score: 0

      For God's sake you ... idiot. People outside America aren't dumb. I live in Australia and know what all those stores are, even though we do not have them here. Have you even considered that the original poster might have perhaps visited the US before (like me)? Or that he has simply found out what these stores were from reading the (mostly American) content on the Internet?

      It's attitudes like that that fuel the growing perception in most of the world that Americans really have NFI of what happens beyond their own borders.

    9. Re:Make CDs more affordable by Lindril · · Score: 1

      Uhmmmmmmm....

      Plasma TV prices are dictated by supply and demand curves, because there are companies competing for market share. Right now, Plasma TV's are in fairly limited supply due to being a new technology. If they dropped the average 42" to $1000, they wouldn't be able to supply demand. (And they'd likely lose a lot of money because of the imbalance.) The hope is, that at the prices set, supply is roughly equal to demand. (I understand the point you're making about early adopters, middle tier, and value purchasers... but that can only be a factor when manfacturers are colluding in some way.)

      Music companies have a mononopoly on each CD, so the principles do not apply. The music company creates an artificial price-point way above the cost of producing the CD. (The companies will argue they need to do this to offset all the bad CDs they try to sell. I think they should consider that statement a little more carefully, however.)

      The point is, these situations are nothing alike.

    10. Re:Make CDs more affordable by Anonymous Coward · · Score: 0

      Well most Americans are not even aware of what is happening within their own borders. I would assume the same thing, and try to generalise. Ignorance runs rampant nowadays, it's sad. Watch Jay Leno's "Jaywalking" and you almost want to gouge your eyes out with a spoon!

    11. Re:Make CDs more affordable by telstar · · Score: 1
      "Hi there I am from Cape Town, South Africa"
      • You know Junis?
    12. Re:Make CDs more affordable by Rinikusu · · Score: 1

      Nono. $17 is pretty outrageous here, too.

      --
      If you were me, you'd be good lookin'. - six string samurai
    13. Re:Make CDs more affordable by Anonymous Coward · · Score: 0

      Did you know traffic lights are called "robots" there? :-P

    14. Re:Make CDs more affordable by gmhowell · · Score: 1

      CD price is about spot on with the US. And it's too damned expensive here as well:) It sounds like you have a bit of a price break on the McDonald's extra value meal number 1 (aka BigMac, Fries, Coke).

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    15. Re:Make CDs more affordable by enkidu55 · · Score: 1

      Here here. I absolutely agree with you. There is only one small problem. The corporations behind this will NEVER cut into their profit margins for the sake of making music more accessible. There are too many shareholders involved not to mention executives who would be summarily dismissed if the profits were to fall along the lines of the scale of fairness. The music industry has had 40+ years of making immeasurable sums of money, and even though it is fair and it is the right thing to do it will never happen. Those companies have long ago forgotten what the fair and right thing to do is.

    16. Re:Make CDs more affordable by Anonymous Coward · · Score: 0
      Doesn't have much to do with the price of CDs...

      Uh, no it doesn't, and so what was the point?

      ...but remember you don't always need to buy the new CDs as soon as they come out, wait a while till they're in the $1 bin.

      You're gonna be waiting a while...

    17. Re:Make CDs more affordable by Anonymous Coward · · Score: 0

      Belgium (that's in Europe :-) ):

      20-30 Euros for most new releases. And the Euro is now slightly higher than the $...

      And the average salary here is about 50% of the average US salary...

      In fact, ofthen, new DVD's are cheaper than new cd's over here, which is even more surreal.

  73. An only partially related question... by nametaken · · Score: 0

    but is there a legal file-swapping schema out there that functionally masks the participants?

  74. Link by Anonymous Coward · · Score: 5, Informative
    I think you meant to link here.

    -completely anonymous users, file transfers, hosts, etc.

    Freenet is still suseptable to a man-in-the-middle attack. Your ISP could log everything you insert. Also, it won't protect you from your own software. For example if you publish a word document with your name and LAN address embedded in it, you've pretty much given up your privacy.

    1. Re:Link by RPoet · · Score: 2, Informative

      Your ISP could log everything you insert.

      Not really, since it's impossible to tell insertion from routing in Freenet.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    2. Re:Link by jez_f · · Score: 1

      I thought that Freenet uses encrypted connections? It has to be doing SOMETHING with all the CPU time it uses.
      I also think splitfiles are fairly meaningless unless you get all of them.
      Freenet is still fairly clunky but it is getting there, I have had success getting songs but not movies.
      Unfortunately there is a LOT of very unsavoury stuff on freenet. Which has put me off using it a bit, as you don't know what you are hosting.

    3. Re:Link by evilviper · · Score: 2, Interesting
      For example if you publish a word document with your name and LAN address embedded in it, you've pretty much given up your privacy.

      And how about if I publish a document with *YOUR* name and address in it? ;-)

      That part, at least, is a non-starter when it comes to lawsuits.

      Yes, I agree that FreeNet is WAY overhyped, and not only does it not provide privacy, it isn't even a technically good P2P program. (I've said this elsewhere on this thread... Browse at +3)
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    4. Re:Link by Anonymous Coward · · Score: 0

      "Also, it [FreeNet] won't protect you from your own software."

      Uhh, the people who use freenet don't use MS Word.

    5. Re:Link by pod · · Score: 1
      ...it a bit, as you don't know what you are hosting.

      Well, duh, that's exactly the point! If you know what you're hosting then you know what people download, and others know what you are downloading, so that kinda shoots down that whole plausible deniability thing, hmm?

      --
      "Hot lesbian witches! It's fucking genius!"
    6. Re:Link by Anonymous Coward · · Score: 0
      Your ISP could log everything you insert.

      Not really, since it's impossible to tell insertion from routing in Freenet.

      If your ISP performs a man-in-the-middle attack, they will know if someone tried to route that query through your machine. If no one did, the query obviously originated from you (or possibly someone on your local network).

    7. Re:Link by sno2dude · · Score: 1

      Maybe we need to incorporate a tough encryption on all outgoing traffic on the program in addition to all the above mentioned features. That would take the middle man out and the end man also. just change the encryption every time you update so its harder to crack it. Or make a mutating encryption.

      --
      Is it just me or are the leaders of the US getting dumber by the year? Maybe theyre just getting too rich to care.
  75. Re:Damnit! Corrected version... Re: Hi! CtC? by rf0 · · Score: 1

    Well out of my webcam you can just see a quiet street. Oh you mean that sort of webcam? You got any URL's :P

    Rus

  76. Any ISP gurus out there? by ocelotbob · · Score: 1
    I need a bit of insider info about UDP spoof prevention. I know most ISPs now program their routers to help prevent UDP spoofing -- one can't spoof 194.53.74.56 if one is really from 54.75.64.24 (note, examples are purely random. If you can, great, but most likely you won't). However, is it possible to spoof an addy in say, the same subnet -- would 54.75.64.24 be able to spoof 54.75.64.19. Again, I'm asking for a generalized rule of thumb -- go/no go type stuff.

    Why I ask is simple. If it is possible, then one can have anonymous transmission of P2P materials simply by sending everything out via UDP. You simply spoof the UDP address, and you should be essentially untraceable. And if anyone starts spouting about the moral issues of such a system, fuck you. First off, there are a lot of legitimate uses for P2P. Second, all the uses of P2P combined for music swapping don't come near the damage to the long-term viability of the music industry the RIAA has done through downright assinine and short-sighted business practices. So, the exects of the large music studios can all curl up and die for all I care; I'll be dancing on their graves when it happens.

    --

    Marxism is the opiate of dumbasses

    1. Re:Any ISP gurus out there? by caluml · · Score: 4, Interesting

      Yep, we're trying to build a P2P app that uses spoofed UDP source addresses. It works, but it's only in very basic alpha at the mo. It uses anonymous broadcasts to perform the queries. The main problem is the file transfer - it is hard to do flow control if you can't talk directly to the remote host. Have a look - http://udpp2p.sourceforge.net/ - if you think you can help, we'd be grateful.

    2. Re:Any ISP gurus out there? by LordKaT · · Score: 1

      Wouldn't your idea fail since if you spoof the source address on the client, then the host sends it to the spoofed address?

      Or am I forgetting some basic networking rule?

      --LordKaT

    3. Re:Any ISP gurus out there? by Tracy+Reed · · Score: 1

      Broadcast search does not scale. This has been proven both in theory and in practice. This is why freenet has a routing algorithm based on the hash key.

    4. Re:Any ISP gurus out there? by ocelotbob · · Score: 1
      Nope. All I'm talking about is file transfer. The destination doesn't need to communicate all that much to the source, so they really don't need to know who it is. They ask The Network for a file, and someone in The Network provides it. All they need to do, essentially, is open wide and wait for the file they know is coming from somewhere. As UDP is a stateless protocol - every message is whole into and of itself - UDP headers are spoofable, which is the only reason this is possible. This is ignoring aspects such as flow control and initiation of transfer for just a second, but it's enough to get a rough idea.

      The fun part is the flow control, though. If you wanted total anonymity, you'd have to to broadcast flow control information to everyone, instead of just file requests. Which leads to a problem of balancing scalability with anonymity. Gnutella showed that sending broadcasts of all file requests to all clients can lead to a very slow network very quickly. Adding flow control information can only worsen that problem, though that can be mitigated by sending only a minimal amount of flow control packets, for example, one flow control packet every few hundred k or so.

      Caching/collecting relays can also help mitigate that problem. The issue's still trust, but were someone to properly set up the caching protocol, and provide enough safeguards through means like migrating through different jurisdictions, the trust issue can be alleviated to some degree.

      Regardless of the situation, it's still possible to track. Hell, someone who's persistent enough could track anonymous remailers. With any form of anonymous computer communication, all you have to do is make it difficult to trace the paper trail back to you, by slipping into the noise. It's tough, but at the same time, it's possible.

      --

      Marxism is the opiate of dumbasses

    5. Re:Any ISP gurus out there? by caluml · · Score: 1

      If you want total anonymity, then you have to use a broadcast mechanism. If it's proven to be totally anonymous for file sharers, and almost anonymous for the file requesters, then people won't have any qualms about leaving their machines sharing out content.

    6. Re:Any ISP gurus out there? by Dr.+Blue · · Score: 1


      This is a horrible idea in my opinion. Spoofed IP addresses are a serious problem, and all ISPs *should* be doing egress filtering so that crap that uses spoofed IPs (including DDoS attacks) will be filtered out. So if ISPs do the right thing and stop spoofing, which is truly an abuse of the underlying protocol, then your method doesn't work at all any more.

    7. Re:Any ISP gurus out there? by Tracy+Reed · · Score: 1

      Broadcast *will not work*. You won't find squat and the network will get overloaded. Just like Gnutella. I'm also not sure why broadcast is needed for anonymity. Freenet does not broadcast and is anonymous. It proxies through a bunch of machines (number defined by the HTL of the request) according to the routing scheme.

    8. Re:Any ISP gurus out there? by caluml · · Score: 1
      It proxies through a bunch of machines

      So it's not fully anonymous then? And going after the proxying machines could take down the whole network? No, in my mind, it's got to be a: completely anonymous for sharers, and b: unable to be targetted. The more you think about it, the more spoofed UDP is the way to go.

    9. Re:Any ISP gurus out there? by caluml · · Score: 1

      Spoofed UDP packets are generally nasty. But it's the only way to be truely anonymous. Also, when an ISP filters, they only probably filter their /22-14 on their external routers - this means that as long as you can configure the randomising function, you can make the app choose only IP addresses that are within that range. Hey presto, still anonymous.

  77. Encryption doesn't solve anything by Anonymous Coward · · Score: 0

    Let's say that tomorrow, Kazaa and Gnutella became completely encrypted. Every single bit that flowed through the networks was Blowfished. What does this solve, exactly?

    Peer to peer is called that for a reason, the file transfers happen between two distinct nodes. Any filesharing network has to have a search feature, so you can find files, and figure out who has them in order to start the download. Put bluntly, you have to know who's sharing the file in order to download it and once you've got that much, you just look up who owns the IP address and fire off a DMCA notice.

    Encryption isn't going to stop any of that. And the P2P programs themselves would have to decrypt the information (such as filenames and IP addresses) as part of normal operation, so you couldn't countersue RIAA for circumventing anything.

    The only way for P2P to operate anonymously is to have a P2(..P..)2P network. For example,

    User A sends search query for "Beethoven"

    Users B and C are hosting "Beethoven.mp3"

    User A receives query hit from Users D, E, and F to which he is connected

    User A requests the file, which sends commands to Users D, E, and F who proxy the download to User A from Users B and C

    Of course, in order for this to really be anonymous, it would take more than one layer of proxying. Mixmaster remailers handle this sort of chaining fairly well, i.e. each remailer in the chain only knows where it got the message from and where that message must be sent. The remailer that knows the source and the remailer that knows the destination are (presumably) completely separated. There is also the implicit trust that at least one of the remailers in a chain of 3 is not under the control of a foe.

    Unfortunately, the implications of applying this sequence to a P2P network are simply too outrageous to overcome! Imagine if in order to use Gnutella, not only did you have to put up with the protocol overhead, you also had to proxy other users' downloads of god-knows-what? If you thought ISPs were complaining about P2P users hogging bandwidth now, wait until literally every user of a particular P2P network is maxing out his upstream 24/7 in order to proxy downloads to other users. And there are already tons of people who use P2P networks but complain about all the porn. You think those users would be willing participants in proxying other users' porn downloads?

    Not. Gonna. Happen.

  78. Re:The RIAA should just belly up. by Bullseye_blam · · Score: 1

    Progress is a fine concept. It really is. But the real issue here is that this "progress" that you speak of may, at some point, kill the incentive for creation of new works.

    Of course, I'm not nearly so naive to think that a little P2P is going to kill the recording or film industries because certainly there is a huge potential for profit in both of them.

    Artists really do need their work protected; otherwise, why make the effort? I suppose my own sick hopes are wanting to see these big corporate entities, money-sucking middlemen, eventually collapse under their own hypocrisy.

    Personally, I can't wait to see how things turn out. ;)

  79. Even funnier perhaps... by trezor · · Score: 5, Funny

    I find it even more amusing that the RIAA has replaced their people with bots. Heres why:

    We all claim the RIAA mainly is a representative for music-distributers that are no longer necasery. And then they start doing their dirty work (which is all they do, apperantly) with bots!

    They have thus proven our claim is correct, by employing technology to do their work, instead of doing it themselves :)

    Oh. And this is meant to be moderated funny, not insightfull, if anyone cares to spend modarator points on such a lousy post.

    --
    Not Buzzword 2.0 compliant. Please speak english.
  80. Peer Guardian by martissimo · · Score: 2, Informative

    its a win only app available here

    OverPeer:65.174.255.255
    OverPeer:65.160.0.0-65. 160.127.255
    Ranger:216.122.0.0-216.122.255.255
    R anger:204.92.244.0-204.92.244.255
    MediaForce:65.1 92.0.0-65.192.0.255
    MediaForce:65.223.0.0-65.223. 255.255
    MediaForce:4.43.96.0-4.43.96.255
    MediaDe fender:66.79.0.0-66.79.255.255
    MediaDefender:64.2 25.292.0-64.225.292.127
    RIAA:208.192.0.0-208.255. 255.255
    RIAA:208.225.90.0-208.225.90.255
    RIAA:12 .150.191.0-12.150.191.255
    MPAA:63.199.57.96-63.19 9.57.128
    MPAA:64.166.187.128-64.166.187.192
    MPAA :198.70.114.0-198.70.114.255
    MPAA:209.67.0.0-209. 67.255.255
    NetPD:207.155.128.0-207.155.255.255
    N etPD:128.241.0.0-128.241.255.255
    UnknownC&DCop:64 .106.170.128-64.106.170.192
    BayTSP:209.204.128.0- 209.204.191.255
    Vidius:207.155.128.0-207.155.255. 255
    Xupiter.com:63.236.32.50

    It currently blocks this range of IP's, so I would guess that's a good place to start with in your firewall

    1. Re:Peer Guardian by evilviper · · Score: 1

      Nice list, but doesn't include the ones I've found on my own.

      The ones I've caught so far range from: 64.15.227.226 all the way up to 64.15.254.221. I'll leave it to the readers to guess what the full range might be.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:Peer Guardian by moncyb · · Score: 1

      Whois indicates those addresses belong to a ISP called Exodus. If they just use everyday ISPs, then you'll end up blacklisting all home users with this scheme. Which is what they want anyway...

    3. Re:Peer Guardian by airgee · · Score: 1

      These adresses are from OverPeer.

    4. Re:Peer Guardian by evilviper · · Score: 1

      No, I'm sure these aren't everyday IPs. These are seriously high-speed connections, and the entire range was in-use ONLY for spamming Gnutella. I suspect they bought that range, and dedicated it to this purpose.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    5. Re:Peer Guardian by moncyb · · Score: 1

      I guess I was wrong. Looking closer at their website (www.exodus.net), it appears to be a high bandwidth business ISP. I just assumed they might start using normal ISPs, so they'd be harder to block. From the look of the network provider's site, they do appear to be some sort of ISP--just not a home one.

      I'm not so sure the RIAA/MPAA or their spamming friends bought those addresses. I think the ISP just allocated a specific range for them. Not a whole lot of difference, except it's not permanent. I suppose it may be safe to block that network's addresses, since most businesses don't use Gnutella anyway. ???

    6. Re:Peer Guardian by evilviper · · Score: 1
      I suppose it may be safe to block that network's addresses, since most businesses don't use Gnutella anyway. ???

      Well, I wouldn't just a single port... Gnutella is much more flexible, any port will do. Push requests make things more complex as well.

      If I block that range, it'll be for all network traffic. Collateral damage be dammed. Now we just need something like spews for p2p.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    7. Re:Peer Guardian by evilviper · · Score: 1

      Upon closer inspection, I think it's safe to say that MediaDefender doesn't own the netblock you've listed: 64.225.292.0-64.225.292.127

      Is it safe to assume that you meant 229?

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  81. seems OK to me by g4dget · · Score: 5, Insightful
    I don't see why people would get upset about it. Presumably, you got both the P2P and the IM software and service for free. The RIAA can participate in it as much as you can, and it's not like they are lying or threatening violence.

    I shudder to think on what legal basis the RIAA could be prohibited from doing this. If anything like that existed, it would probably be sweeping and be a threat to P2P and IM in general. However, the creator of the P2P software might be able to do something if it bugs enough users.

    If you aren't offering copyrighted songs and they still keep bothering you, maybe you can sue them for some kind of harrassment. If you are offering copyrighted songs, just live with it, or, alternatively, perhaps you should just stop.

    1. Re:seems OK to me by antiMStroll · · Score: 1
      Paraphrasing: "I shudder to think on what legal basis the RIAA could be permitted doing this. If anything like that existed, it would probably be sweeping and be a threat to P2P and IM in general. "

      Sounds like an accurate, if wildly understated, description of the RIAA's intent with DRM.

    2. Re:seems OK to me by shannara256 · · Score: 1
      The RIAA can participate in it as much as you can, and it's not like they are lying or threatening violence.

      Of course they are. Reread their message:

      "It appears that you are offering copyrighted music to others from your computer. ...When you break the law, you risk legal penalties. There is a simple way to avoid that risk: DON'T STEAL MUSIC either by offering it to others to copy or downloading it on a 'file-sharing' system like this. When you offer music on these systems, you are not anonymous and you can easily be identified."

      If you look very carefully, you'll see the threat and how to behave in order to escape the threat. This is pure bullying behavior: "Do what I say or else".

      The convoluted wording of legalisms grew up around the necessity to hide from ourselves the violence we intend towards each other. Between depriving a man of one hour of his life and depriving him of his life there exists only a difference of degree. You have done violence to him, consumed his energy. Elaborate euphemisms may conceal your intent to kill, but behind any use of power over another the ultimate assumption remains: 'I feed on your energy.'
      --Frank Herbert, Dune: Messiah
  82. RIAA keepsake! by gad_zuki! · · Score: 2, Funny

    Am I the only one who just fired up Kazaalite, hoping to get one of these messages? The firewall is all set, I'd love an authentic RIAA tongue-lashing to screencap.

    Maybe it'll be worth something twenty years from now on ebay.

    ---

    "Dude, I'll trade you a cease-and-desist by Harry Fox for that"

    "Deal!"

    1. Re:RIAA keepsake! by Anonymous Coward · · Score: 0

      Maybe it'll be worth something twenty years from now on ebay.

      Those bits, worth something? You mean, like a song in digital form?

  83. Maybe this is the way? by mabhatter654 · · Score: 3, Insightful
    If they download a song, can't they figure out the IP it came from? Then send said nasty letter to your ISP and kick you off? Most of the file sharers are kids anyway. If they got Mom & Dad kick off their ISP just once [and have to deal with finding another ISP to hook-up] a great deal of file trading would drop off in weeks.

    On the flip side--if they set up downloads and people bite can't they also find you and send nasty letter?

    I don't see that as a problem. Kazza is a publik network after all! No one really has any "protection" for their actions using their network. If they want to look you up they are more that right to do so. Try kiddy pr0n on Kazza and I'll guaranty you'll have someone at your door in a hurry! The only problem is that going after every music downloader is time consuming. Again, go after the kids at home-upset the parents and you'll get results. A little sabotage of the CDDB would be good too. If they embeded a tracker number in the database tags everyone would download them to their mp3's! You could track at least the stupid users back home with it.

    As for college students, they need to offer a more reasonable alternative. If the college gets a kick-back for sharing the network they'd be more likely to keep the kids straight too! Funny how a little money in Deans hands fixes lots of things! [Take a page from the MS playbook here!]

    To throw some more fuel on the flames I'll be a-getting [but that's OK, I've got marshmellows!]..I use AOL DSL and love it. They've got radio stations that play just about anything you'd want. [Music videos too] or you can go to the other legal music sites at decent bandwidth too. There's enough stuff on there you don't have to steal to get it! More ISPs need to follow that example. [and AOL needs to support Linux!]

    1. Re:Maybe this is the way? by wolrahnaes · · Score: 1

      This is totally offtopic, but i had to respond to your statement

      "and AOL needs to support Linux!"

      Please tell me you are joking.
      I have thought about this before (wasn't there a rumor that AOL was going to buy Red Hat or something like that?), and it wouldn't be good. It is true that AOL on Linux *could* bring more people over to Linux, but do you really want the average AOL user on Linux? I am not directly judging you for using AOL, as I use it myself (darn parents won't switch to a local ISP), but be reasonable....most AOL users are, to be nice, a little slow in technology.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
    2. Re:Maybe this is the way? by mabhatter654 · · Score: 1

      Yeah, but with their proprietary network "everything" Even just sharing a network connection with at Linux box is a hack. Most of the proxy tools don't work with AOL and that's stupid if they want to grow their business into broadband. Also, this means that PS2 & XBOX online don't work without a hack either.
      why they haven't spliced the AOL connector into Mozilla is beyond me. After all the Moz is theirs to play with! At least so I could use one of their routers for my linux box. That's not unreasonable.

  84. There are some. by haeger · · Score: 1

    If You want that, try Mnet (http://mnet.sourceforge.net/).

    * Distributed files over several nodes
    * Each block is encrypted on disk.
    * Transfers between nodes are encrypted
    * Swarm downloads
    * Works on several platforms
    * Freenet-like anonymity
    * Open source (LGPL license)

    New version will include bittorrent-like URI's to just paste into Your browser, but for now You have to use a web or python GUI.
    FEC (Error correction) is also being worked on for the new version.

    Do read some more about it on their webpage as I think it's a really interesting project.

    No, I don't work for them. I just like the idea.

    .haeger

    --
    You are not entitled to your opinion. You are entitled to your informed opinion. -- Harlan Ellison
  85. thats spam and in virgina thats a felony by draxin · · Score: 1, Interesting

    wow doesnt sending a mass of unwanted IMs constitute spam??? a new virgina law makes the sending of spam a felony. hmmmmmm make you wonder

  86. Recurring Problem by MjDascombe · · Score: 3, Insightful

    You can't have a completely anonymous peer2peer system. Any system that requires your peer to connect to another will always comprimise your anonymity.

    1. Re:Recurring Problem by juahonen · · Score: 2, Informative

      Not quite so. Using a scheme akin of anonymous remailer that problem could be avoided altogether:

      Clients establish encryped connections with masters. The connections are either direct (client to master) or forwarded (client to master to another master). For forwarded connections, the client does not tell from which machine the connection came from (it could be the machine or some of it's clients). So the server at the end of the request chain sees only the server immediately before it. That server sees only one before it and so on. None but the originating client knows which machine is the client.

      Of course that would be slow, and quite un-interactive, but it would work well enough if each master would randomize the path it tries to follow to the final target. With a TTL-like requests, the number of intermediate servers could be controlled by the client. And the masters would never make up the route to the client, but use the route the client connected with them.

    2. Re:Recurring Problem by ColaMan · · Score: 1

      It's fine if they know you're on a p2p network, just as long as they can't figure out that the encrypted tcp streams you've been getting from five other people don't magically reassemble into a britney song. I don't know how - no doubt smarter people than I are working on it.

      "Those encrypted streams officer? Why , they're just so that my colleagues and I can converse securely and privately about our new RIAA replacement."

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    3. Re:Recurring Problem by MjDascombe · · Score: 1

      If you have a master server, it's not peer to peer, is it? Thats what peer to peer means, 1 peer goes to another peer. I don't know how to make it any more obvious ; peer2peer means /without/ a central server.

    4. Re:Recurring Problem by juahonen · · Score: 1

      No central server, just a chain of peers, like peer2peer2peer2peer. Each peer would act as a server, serving connections and forwarding them, if needed.

      Peer chains are easy to create. At first, you connect to a know peer from which you ask a list of peers known to it (and then you could poll other peers for the peers they know of). Then you'll have a pool of candidate peers through which you can connect to any peer on the network.

      It's not "direct connect" when there are intermediate peers (like those ultrapeers in gnutella). However, the intermediates would be random and they would not know of each other.

    5. Re:Recurring Problem by MjDascombe · · Score: 1

      Yeah, theres only 2 problems with that - firstly they're unlikely to check before getting a court order to kick down your door and check your harddrive. Secondly, if you check into the small print of the RIP bill (in the UK) or the DMCA (in the USA), it's been a criminal offence to refuse to hand over your encryption keys to the .gov since 1998. You'd probably be in less trouble if you admitted to piracy, which is exactly what they want.

    6. Re:Recurring Problem by Bugmaster · · Score: 1
      They are. For example, there is the Freenet project. It works exactly as you describe: all data is encrypted, and each node on the network is physically unable to tell a third party which files are contained within it.

      Unfortunately, so far Freenet remains slow, crash-prone, and written in Java (at least, in my experience). Hopefully, some of these deficiencies will be fixed soon, though.

      And for anonymous chat, there is always the Invisible IRC Proxy. That one actually works pretty well.

      --
      >|<*:=
    7. Re:Recurring Problem by ColaMan · · Score: 1

      Pity I do not live in either of these countries otherwise surely I would be wetting myself in terror right now ;-)

      Seriously, you could get your computer to auto-generate one-time keys for each session and then just say, "Sorry, don't know the keys!"

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
  87. Geez, what's the matter with everybody? by MillionthMonkey · · Score: 5, Insightful

    OK, I have to play devil's advocate here.

    I am no fan of the RIAA. But the reactions here are surprisingly hostile for what they're doing. If I'm reading this article correctly, they're sending instant messages to people who are offering files to upload (based on song titles), warning them about their traceability and legal liability.

    So what?

    This is rotten behavior but it is an improvement. Remember, these are people who would much rather communicate with you via certified mail on legal letterhead. If I get an instant message on Kazaa I don't start pacing around in a sweat wondering if I should contact a lawyer.

    Presumably, anyone using Kazaa for non-infringing uses shouldn't get one of these instant messages anyway (unless the RIAA is lying about examining song titles first, or there's a name collision with a copyrighted work in a user's upload directory). Running a file sharing node doesn't expose you to liability unless you've got copyrighted stuff on it. We always emphasize how file sharing networks have non-infringing uses. I don't see how this would have a chilling effect on such use unless the messages are sent to people in error, are used for DoS attacks, or are indiscriminately sent to all users of the network whether their node contains copyrighted content or not.

    Frankly I would almost give them points for cleverness. Compared to their typical antics this is quite tame. It will probably be more effective for them, too. Most people probably don't care enough about file sharing to risk liability, and it's only natural for the average user to presume his own anonymity on Kazaa. In fact I bet most people who use Kazaa aren't even conscious of the fact that their IP is exposed and traceable to them, and might very well stop using Kazaa once they realize it. The message is clearly targeted at such people. The RIAA might just effect a greater dent in file sharing with this stupid instant messaging than they have so far with all their lawyers, lobbyists, and hired network saboteurs. If so, we should only hope the lesson sinks into their thick heads. This is the best behavior we can realistically expect from them. They don't understand anything but threats and intimidation. Let's all hope they stick to instant messaging.

    Yes they're corporate vultures, cultural parasites, etc., and this is clearly an act of a desperate industry that just lost a huge court case and has sunk to the point of threatening individual file traders, but the shrill tone and accusations of hypocrisy is a bit much for what they're doing here. It's a frigging instant message. What do you expect from the RIAA, a love letter? You should already be aware of the risks you're taking. If you didn't know before, now you do. Just click OK and keep downloading.

  88. Sadly by Sarcasmooo! · · Score: 1

    ...this incredibly short, blanket criticism of millions of individuals the poster does not know will continue to be modded up, like similar posts that have no contributive value whatsoever, because the moderation system is inferior to, say, Kuro5hin.org's. Even the fact that no reason was given as to why they are dumb, or what they are ignorant of, was not viewed as a weakness by these moderators. Ieshan's interesting point way down below is apparently like so much kitty litter, in the eyes of the moderators, next to the godlike qualities of the above statement that people are dumb.

    P.S. I would like to contribute and 'reform the system' as it were, but modding posts like this down as overrated for being to brief, or an obvious statement of 'good things are good, bad things are bad', is what got my moderating priviledges taken away for 6 months or so last time.

  89. RIAA = dictatorship? by Cl1mh4224rd · · Score: 1

    It seems to me that their latest activities are more akin to a dictator ordering a few dissenters and opposition to be executed in order to scare everyone else into conformity, more than anything else...

    --
    People will pass up steak once a week, for crap every day.
  90. [verbal] Battery? by Anonymous Coward · · Score: 0

    "Everyone should remember that repeated threats of legal action qualify as battery... "

    Smith Battery: We make money the old-fashion way, we beat it out of you.

  91. RIAA vs Eliza by varjag · · Score: 5, Funny

    RIAA> We've noticed that you host copyrighted material on your PC. You are not anonymous. Please cease and desist.

    Eliza> What makes you think You are not anonymous?

    RIAA> Eh?

    Eliza> Please go on.

    RIAA> Are you kidding me?

    Elia> Has it something to do with your childhood?

    RIAA> Oh.. now as you said that I recall my parents being very cruel to me. They refused to buy me a Walkman for my 13th birthday..

    --
    Lisp is the Tengwar of programming languages.
    1. Re:RIAA vs Eliza by MarvinMouse · · Score: 1

      rotflmao!

      Man that is the funniest thing ever... That would be great if they just kept on going.

      (One time a friend of mine has his MSN linked to Eliza, and someone had a full length convo with it... further proving that the Turing test is more a test of the stupidity of users then the intelligence of the computer. :-P )

      Great stuff man!

      --
      ~ kjrose
    2. Re:RIAA vs Eliza by bhtooefr · · Score: 0

      Funny, but not quite right... Try THIS.

    3. Re:RIAA vs Eliza by cavemanf16 · · Score: 1

      Heh, loved your sig. Finally, someone made me interested in learning what Lisp is all about. ;)

    4. Re:RIAA vs Eliza by varjag · · Score: 1

      Finally, someone made me interested in learning what Lisp is all about. ;)

      Thanks :) Give it a try - Lisp is fun even if you'll never use it afterwards.

      --
      Lisp is the Tengwar of programming languages.
    5. Re:RIAA vs Eliza by ryanwright · · Score: 1

      One time a friend of mine has his MSN linked to Eliza, and someone had a full length convo with it... further proving that the Turing test is more a test of the stupidity of users then the intelligence of the computer.

      I broke up with a girlfriend for this very reason. She logged onto my BBS (way back when we didn't have no stinkin' Internet) and had a conversation with an Eliza type program I was launching when people tried to "chat with SysOp". Got home from wherever I was and read the log. She'd talked with "me" for quite some time. Pages upon pages of discussion, with her becoming more and more angry at "me" for the somewhat rude things I was "saying".

      I realized at that moment she was a complete and total idiot, and ended the relationship.

      --
      -Ryan, with the unoriginal sig
  92. The GPL *is* a copyright. by Xenex · · Score: 3, Insightful
    "Unless of course she went to the trouble of releasing it gpl it's pretty much copyrighted by default as I understand the laws".
    You realise the GPL is a copyright, don't you? As stated at gnu.org:
    To copyleft a program, we first state that it is copyrighted; then we add distribution terms, which are a legal instrument that gives everyone the rights to use, modify, and redistribute the program's code or any program derived from it but only if the distribution terms are unchanged.
    Both the GPL and music licensing are forms of copyright, they are just very different uses of copyright.
    1. Re:The GPL *is* a copyright. by Anonymous Coward · · Score: 0
      We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
      That's from the GPL preamble. I'm asking someone who is a lawyer, "who does 'we' refer to in that sentence?"
  93. RIAA is cutting off thier toes to run faster. by -Unholy-Infidel- · · Score: 5, Interesting
    I think it's real slick that they are threating people now. This means they are getting desperate to maintain their stranglehold on music artists. It's almost Darwinian. Natural selection has snuck up and bit the Music industry dinosaur in the butt. They are big, slow and ponderous. Like Microsoft they stifle innovation. Filesharing is the Velociraptor of the music world. It's predatory and ruthless.

    Why do you think we have such corporate sponsored pop-music travesties such as Britney "Pepsi" Spears? Because people actually buy their garbage! With file-sharing only the strong will survive, and the RIAA and Music labels cannot continue to put one or two good songs on a CD with 16-17 "filler tracks" and make billions. The crap will not get listened to. People will download and burn only the good stuff and this will force the no-talent pop-stars on the shortbus back to Creative Inspiration special education school.

    If you want people to pay 15 bucks for a CD you had damn well better put $15 worth of decent music on it. In the end we must realise that we have created this monster. We, the consumers, financed and permitted these people to build this empire and in the end we can only strive to take back what we have allowed them to annex from us. filesharing is one way of telling these people that enough is enough.

    I am now off to download all of Madonna's work just for the hell of it. In the end she, and the greedy alcoholic neanderthals of Metallica have shown us the depths of greed that a person can sink to once you give them a taste for money and popularity.

  94. NOT anonymous, eh? by Tracy+Reed · · Score: 4, Informative

    They are right, of course. Which is precisely why you should all use Freenet which IS anonymous, totally distributed, and has a much better distribution model in that popular content is automatically cached all over the net and all downloads are automatically "swarmed" so you don't get stuck downloading Madonna's music off of someones 56k modem. Using 60 download threads I can consistantly get 90k/s on recently inserted files, no matter what the connection speed of the person who made them available.

    1. Re:NOT anonymous, eh? by Anonymous Coward · · Score: 0

      Wow... swarming... that's such amazing technology, I'm glad that the FreeNet folks invented it. P2P networks would be well advised to adopt this method as well.

      Err...

      With 60 download threads for a single file I'd be saturating a T1 at least, on any P2P network of any significance, not barely getting 1kb/s per source. That's pathetic, and nothing to be proud of.

      How you getting that speed anyways? Not too long ago I run a FN node on a machine on a LAN connected to a dedicated OC3 pipe, and I had trouble getting to the two most popular pages (a few kb of HTML for fuck's sake!) on the network; it was those good and evil pages, I'm sure you know which ones. I think you're just fudging the numbers on your best ever peak download speed.

  95. 15yr/old sister? POST PICTURES! by Anonymous Coward · · Score: 0

    I bet she's not half as good looking as Heidi Wall.

  96. OT:Re:Sadly by dr.badass · · Score: 0, Offtopic

    (Mods : I know it's off-topic, and a reply to an AC, but I just have to bitch.)

    But what about the vast majority of the marijuana bought in the United States? It comes from drug cartels in Mexico and Latin America.

    Wrong. The vast majority comes from within the US.

    That money goes (indirectly, through your dealer)... ...to pay for rent, snacks, and a PlayStation.

    Since we're talking about funding drug cartels and supporting terrorism, I suppose it's only fair to bring up Iran-Contra.

    It's heroin that's the real killer. ... a good deal comes from Southern Asia and Asia Minor, and is sold specifically to fund terrorist organizations in those parts of the world ... So yeah, by buying drugs you really ARE supporting terrorism

    Well, our government
    did pay those same terrorist organizations in hopes that they wouldn't sell drugs. Of course, being 'evil-doers', they didn't. Nor did they stop being terrorists.

    Nevermind the fact that for the poor farmers of Afghanistan, it's easier to buy food with money from poppy fields than it is to grow food for your starving family. Funny how that still hasn't changed, dispite being 'liberated' by the US.

    I don't care one way or another who uses drugs, but I do care when people believe the bullshit our own government spouts. The drug-money that reaches terrorists is a pitance next to the amount of pork in our anti-drug budget.

    -dr.badass

    --
    Don't become a regular here -- you will become retarded.
    1. Re:OT:Re:Sadly by Anonymous Coward · · Score: 0

      Wrong. The vast majority comes from within the US.

      Oh, you liar. Why are you even bothering to lie? Everbody knows you're wrong.

      Since we're talking about funding drug cartels and supporting terrorism, I suppose it's only fair to bring up Iran-Contra.

      "Since we're talking about X, I suppose it's only fair to bring up the totally unrelated point Y." Well, you're wrong. We're talking about DRUGS, and the MANY ways they're bad. The fact that drug money supports violent criminals or terrorists is important, but it's not the only reason druggies are losers.

      Nevermind the fact that for the poor farmers of Afghanistan, it's easier to buy food with money from poppy fields than it is to grow food for your starving family.

      Aw. Those poor farmers in Afghanistan. Let's all help them out by getting high. Fuck you. That's the lamest argument EVER.

      I don't care one way or another who uses drugs

      Then you're a fucking loser, too. People who use drugs are fucking losers. People who look the other way while people who use drugs are ALSO fucking losers.

      The drug-money that reaches terrorists is a pitance next to the amount of pork in our anti-drug budget.

      Which has NOTHING to do with ANYTHING. "Yeah, that guy is tall. But he's really short compared to Mt. Everest." So fucking what! When you buy pot, that money is ALMOST CERTAINLY going to fund violent crime in Mexico or points further south. When you buy cocaine, that money is DEFINITELY going to fund violence in Colombia and similar places. When you buy heroin, that money is either going to southeast Asian drug gangs, which are bad enough, or middle eastern terrorists, who like to blow themselves up and kill lots of people!

      Anybody who ignores this fact is not only a fucking loser, but a fucking idiot as well.

  97. Check his site by Anonymous Coward · · Score: 0
  98. Not trying to threadjack here, honest, but... by weave · · Score: 2, Informative
    Just wondering, what will it take to make y'all happy?

    I finally got what *I* was looking for. A quick easy way to scan for tunes, check em out, and buy em online. That new iTunes service from Apple is amazing. It takes just a few minutes to scan, preview, download, and drop into my ipod and away I go. No hassles, I only get the tracks I want, and the DRM is very reasonable and usable.

    I guess if you're time isn't worth much, then paying for your music isn't very attractive, but this new apple thing answers all of my issues with pay services. Albeit, it is still a bit expensive (Apple's new ipod holds 7,500 tunes and so how much would it cost to fill it?) but I'm happy.

    I still use bittorrent to grab my fave TV shows because my cable co is too stupid to offer recent TV shows "on demand" for a reasonable price, but once they get their heads out of the sand and offer that service, I'll pay a buck to watch a TV show (sans commercials) as well.

    1. Re:Not trying to threadjack here, honest, but... by pi_rules · · Score: 1
      (Apple's new ipod holds 7,500 tunes and so how much would it cost to fill it?)

      Wow... at 99cents per track you can't get a good estimate of what 7,500 tracks would cost? And you post to Slashdot?
    2. Re:Not trying to threadjack here, honest, but... by Anonymous Coward · · Score: 0

      It's called a rhetorical question.

  99. back in the day by doublehelix_nz · · Score: 1, Insightful
    did anyone really have a problem with all the warez was floating around (when i had a amiga in the late 80s all i can remember were playing pirated CLASS releases of games)

    but none really cared, it wasnt every joe doe leaching off whatever. i was only the few, who knew what they were doing could get it.

    what i hope is the RIAA forces the whole warez sceen back underground, so the general public cannot access it.

    the people who made napster are bad. BBS were the place to go for warez, and it took skill to use it. napster brought a GUI to warez.

    quite frankly i dont care if the RIAA kills off P2P, its fine by me. ill get my goods, no matter how hard they try.

    and, i would like to leave you with a one line summary of the above: feel free to use this line as much as u want, i do!!

    "warez" is a very common word and was not included in your search

  100. What about the Audio Home Recording Act? by ortholattice · · Score: 5, Interesting
    Contrary to what the RIAA wants you to believe, it appears that making a copy of an audio recording may be perfectly legal in the US, even if you don't own the original recording, as long as it is for noncommercial purposes. The reason for this is the Audio Home Recording Act (AHRA).

    Since 1992, the U.S. Government has collected a tax on all digital audio recorders and blank digital audio media manufactured in or imported into the US, and gives the money directly to the RIAA companies, which is distributed as royalties to recording artists, copyright owners, music publishers, and music writers:

    http://www4.law.cornell.edu/uscode/17/ch10.html

    In exchange for those royalties, a special exemption to the copyright law was made for the specific case of audio recordings, and as a result *all* noncommercial copying of musical recordings by consumers is now legal in the US, regardless of media:

    http://www4.law.cornell.edu/uscode/17/1008.html
    "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."
    The intent of Congress was clear when this law was passed (http://www.cni.org/Hforums/cni-copyright/1993-01/ 0018.html):

    From House Report No. 102-873(I), September 17, 1992:

    "In the case of home taping, the [Section 1008] exemption protects all noncommercial copying by consumers of digital and analog musical recordings."
    From House Report No. 102-780(I), August 4, 1992:
    "In short, the reported legislation [Section 1008] would clearly establish that consumers cannot be sued for making analog or digital audio copies for private noncommercial use."
    Therefore, when you copy an MP3 the royalties have already been paid for with tax dollars in accordance with the law. If you are a musician whose recordings are publicly distributed, then you are entitled to your share of these royalties by filing a claim under Section 1006 (http://www4.law.cornell.edu/uscode/17/1006.html).

    Napster tried to use this law to defend their case, and the court ruled this law did not apply to them because they are a commercial company. But as a consumer it seems to me you are perfectly within your rights when you make a copy for noncommercial private use.

    1. Re:What about the Audio Home Recording Act? by almound · · Score: 2, Insightful

      The fatal flaw of the law is the money that must be spent in order to ensure justice. (Of course, your post is technically correct. But whether or not there is a material breach, however, must be settled naturally in a court of law ... debated upon ad nauseum by very high-priced lawyers with no incentive to end the invective.)

      The problem is not that the RIAA or Kazaa users are violating laws. Clearly, everyone violates laws (there are just so many of them - we are all doing something illegal, even now, for which we just haven't been caught yet ... that's how ridiculous it has become).

      No, the real issue is the Internet itself and how it has been allowed to become the dragnet of every government agency with the wherewithall to get off its big, fat duff and bark out an order for "compliance" by the lapdog ISPs to give up the personal information that they obligingly store for just such purposes. (Ohhh ... now I understand why DARPA "gave" the public the Intenet for free! Geesh!!! And I thought John Poindexter was being nice.)

      In other words, the system's rigged, my boys. Get used to it.

      Then get on to building an alternative!!!

      (Freenet is a great concept for starters, but until all the bandwidth wastage is cut by about 10%, the extra load of data encryption is going to make for some glutted pipes. However, for those in the know, using multiple pipes is a solution. Still, it might be hard to explain all the encrypted traffic to the Feds once the slimey ISP informs it of your bit-ratio.)

      Wake Up Amerika!!! Stop living off Government Surplus Cheese.

    2. Re:What about the Audio Home Recording Act? by evilviper · · Score: 2, Informative
      Thought I'd look through the law on my own, and didn't get far before I noticed this:
      No person shall import, manufacture, or distribute any digital audio recording device or digital audio interface device that does not conform to -

      (1)

      the Serial Copy Management System;

      Under that rule, it would seem that computers are completely illegial.

      It seems to have numerous other interesting oddities as well:
      (1) Prohibition on encoding inaccurate information. -

      No person shall encode a digital musical recording of a sound recording with inaccurate information relating to the category code, copyright status, or generation status of the source material for the recording.

      That could potentially mean that mislabeled audio files are illegial... A practice RIAA is deeply involved in.

      Of course, I'm no lawyer, and legalese is nearly as hard to read as German to me. Corrections welcome!
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    3. Re:What about the Audio Home Recording Act? by Mordaximus · · Score: 2, Informative
      " Contrary to what the RIAA wants you to believe, it appears that making a copy of an audio recording may be perfectly legal in the US, even if you don't own the original recording, as long as it is for noncommercial purposes. "

      Nope. The Audio Home Recording act likely refers to making a copy from an origianl for personal use.You don't need to own the original, but you do need to make a copy from it.

      IANAL, I am Canadian (don't know US law, although it seems very 'interesting') and have very little time right now to research the equivalent in US law... But in Canada, you are free to make an analog or digital recording for personal use from an original recording and there is an exise tax on blank media specifically for that purpose. The law is also clear that you must personally make a copy of the original. For example, you can lend Joe your brand spanking new {insert album name here} CD, and he can make a copy and return the original to you. BUT, he cannot give you a blank and have you make a copy for him.

      The reason P2P violates the law (as it is written now) is that you aren't making a copy from an original. The other, much bigger violation, is that someone is distributing.

    4. Re:What about the Audio Home Recording Act? by angle_slam · · Score: 4, Informative
      You are missing are a large portion of the AHRA: the definitions. From section 1001:
      A ''digital audio recording device'' is any machine or device of a type commonly distributed to individuals for use by individuals, whether or not included with or as part of some other machine or device, the digital recording function of which is designed or marketed for the primary purpose of, and that is capable of, making a digital audio copied recording for private use
      Section 1008 (the exemption section) only applies to analog recordings and the defined digital audio recording devices. In essence, it means only standalone consumer DAT and CD-R machines and does not include computer CD-R drives. That leads to the incongruity that, if I borrow a CD from a friend or a library, I am allowed to make an analog recording of it, I am allowed to use a standalone CD recorder, but I am not allowed to use a computer CD recorder.

      That is why there are separate music CD-Rs and data CD-Rs. The music CD-Rs have the built-in tax, the Data CD-Rs do not.

      The original basis of the AHRA was because the record companies were so scared of DAT (how prescient of them). The compromise was the Serial Copy Management System which is built into consumer digital recorders. You can make any number of copies of an original CD. But you can't make a digital copy of another copy. Because SCMS is not built into computer CD-recorders, it is not included in that definition.

    5. Re:What about the Audio Home Recording Act? by angle_slam · · Score: 2, Informative
      Under that rule, it would seem that computers are completely illegial.

      No, it just means that they are not digital audio recording devices, as defined by the AHRA.

    6. Re:What about the Audio Home Recording Act? by angle_slam · · Score: 1
      The Audio Home Recording act likely refers to making a copy from an origianl for personal use.You don't need to own the original, but you do need to make a copy from it.

      The AHRA does not say it has to be from an original at all.

      The reason P2P violates the law (as it is written now) is that you aren't making a copy from an original. The other, much bigger violation, is that someone is distributing.

      Because the RIAA is sending the messages to those uploading files, it looks like they are going after those who distribute the files, not those who are copying them.

    7. Re:What about the Audio Home Recording Act? by Anonymous Coward · · Score: 0

      Because the RIAA is sending the messages to those uploading files, it looks like they are going after those who distribute the files, not those who are copying them.

      Firstly, the RIAA is going after everyone they can get thier hands on. Secondly, with P2P, everyone who copies also distributes, everyone who distributes also copies. Hence 'peer-to-peer', all nodes are both client and server.

    8. Re:What about the Audio Home Recording Act? by Anonymous Coward · · Score: 0

      So, what about MP3's that are made from vinyl analog recordings (which is the case for a lot of older vintage music)? Are they analog or digital? Could it be argued that MP3's themselves are by nature "analog" since they are degraded copies of the original, even if made from a CD? How exactly is "analog" defined? Within a certain accuracy, even an analog recording can be perfect - e.g. 3 bits are certainly achievable for infinite generations, if you allow the recording device to occasionally "resync" it to the 8 discrete levels, and in theory (if not in practice yet) this could be extended to 16 bits.

    9. Re:What about the Audio Home Recording Act? by angle_slam · · Score: 1
      So, what about MP3's that are made from vinyl analog recordings (which is the case for a lot of older vintage music)? Are they analog or digital? Could it be argued that MP3's themselves are by nature "analog" since they are degraded copies of the original, even if made from a CD?

      That is a very good argument and one I don't believe has ever been suggested by the mass media. The entire reason for the AHRA was a tradeoff, unlimited "analog" recordings in exchange for SCMS. The reasoning was that they didn't want bit for bit copies of CDs floating around. Since an MP3 (or .OGG or .AAC) is not a bit for bit copy, should it be exempt?

    10. Re:What about the Audio Home Recording Act? by ozric99 · · Score: 1

      That could potentially mean that mislabeled audio files are illegial... A practice RIAA is deeply involved in. Of course, I'm no lawyer, and legalese is nearly as hard to read as German to me. Corrections welcome!

      Ich mag den Käse. Ooh, der Mond! Ja habe ich keine Bananen... :(

    11. Re:What about the Audio Home Recording Act? by lightspawn · · Score: 1

      "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings

      This refers just to title 17. Isn't there any other part of the law that can be used for legal action?

      And though making the digital copies seems to be protected, distributing the copies may not be.

      "In short, the reported legislation [Section 1008] would clearly establish that consumers cannot be sued for making analog or digital audio copies for private noncommercial use."

      Surely making copies available for download by others cannot be classified as "private"? It's more like "possession with intent to distribute".

    12. Re:What about the Audio Home Recording Act? by Anonymous Coward · · Score: 0

      you said:
      In essence, it means only standalone consumer DAT and CD-R machines and does not include computer CD-R drives.

      I don't see where you are coming up with this from the section you quote. My CD burner qualifies as a machine "commonly distributed to individuals for use by individuals" , "whether or not included" in my computer, whos digital recording function's primary purpose is "making a digital audio copied recording for private use". The only part I could maybe stumble on would be the primary purpose thing. But IMHO, burners are by far used more often to burn music than anything else.

      Bring on the Lawyers!

    13. Re:What about the Audio Home Recording Act? by Anonymous Coward · · Score: 0

      No it means they are illegal digital audio recording devices. However, I did not manufacture nor import mine, so I'm in the clear. The lawyers can go after Dell. Good luck.

    14. Re:What about the Audio Home Recording Act? by evilviper · · Score: 1

      Very nice...

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    15. Re:What about the Audio Home Recording Act? by Gunzour · · Score: 1

      Napster tried to use this law to defend their case, and the court ruled this law did not apply to them because they are a commercial company. But as a consumer it seems to me you are perfectly within your rights when you make a copy for noncommercial private use.


      Napster did try to use this law as a defense. It was shot down, but it had nothing to do with them being a commercial operation. The AHRA only permits certain copying when done with those devices for which royalties have been paid. The judge rejected this defense because computers (and the Napster software) do not qualify as digital audio recording devices under the definition of the law. The definition is here: http://www4.law.cornell.edu/uscode/17/1001.html.

    16. Re:What about the Audio Home Recording Act? by runderwo · · Score: 1
      In essence, it means only standalone consumer DAT and CD-R machines and does not include computer CD-R drives. That leads to the incongruity that, if I borrow a CD from a friend or a library, I am allowed to make an analog recording of it, I am allowed to use a standalone CD recorder, but I am not allowed to use a computer CD recorder.
      What about making a copy using the analog output of your CDROM drive as opposed to the SPDIF interface, or DAE?
  101. Re:FreeNet Kaffe by Anonymous Coward · · Score: 0

    It dosent work with any free JVMs

  102. are Mp3s really copyright infringements? by Anonymous Coward · · Score: 1, Interesting

    I had a thought recently, can someone explain to me why an MP3 is actually a copy of a song ripped from a CD. The MP3 differs in many many ways to the original digital source (Due to compression, file format etc etc).

    There are no copyright issues for me to go into a gallery and make a sketch of a rembrandt picture, so why should there be for lossy copies of original recordings.

    CD->CD copying is something different I think.

    1. Re:are Mp3s really copyright infringements? by Carrot007 · · Score: 1

      >There are no copyright issues for me to go into a gallery and make a sketch of a rembrandt picture, so why should there be for lossy copies of original recordings.

      Yes but they might get a bit iffy with if you were to rip it off the wall and try to photocopy it.

      Nice try but no star, try for a better ananlagy next time.

      --
      +----------------- | What is the question!
    2. Re:are Mp3s really copyright infringements? by EmagGeek · · Score: 1

      "There are no copyright issues for me to go into a gallery and make a sketch of a rembrandt picture,"

      That's because the Copyright holder of the Rembrandt is dead... :)

    3. Re:are Mp3s really copyright infringements? by prestidigital · · Score: 1

      Yes but they might get a bit iffy with if you were to rip it off the wall and try to photocopy it. Nice try but no star, try for a better ananlagy next time.

      That's no better of an analogy. When one copies a file from a network, one is not removing the original in order to make the copy.

      Maybe this is getting to far from the point, though.

    4. Re:are Mp3s really copyright infringements? by Zebbers · · Score: 1

      only for the ripping off the wall...not the act of photocopying. a photograph of the rembrandt.......

      nice try but no star for you

  103. Forget Gnutella by abertoll · · Score: 1

    I'd like to see them track you down trading mp3's on FreeNet... maybe a chance to make FreeNet more popular? ;)

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
  104. Good faith by jez_f · · Score: 2, Interesting

    Below is the MPAA lawergram, I think the important phrase in it is that they have 'good faith' that the files are copyright and being illegally distributed. So they assume that a file with the name of their property is their property.
    Which is, to be honest, a fair assumption.

    >
    > RE: Unauthorized Distribution of Copyrighted Motion Pictures
    > MPAA Case Name:
    > Reference#:
    >
    > Date of Infringement:
    >
    >
    > Dear abuse@myip
    >
    > The Motion Picture Association (MPA) represents the following motion picture production and distribution companies:
    >
    > Columbia Pictures Industries, Inc.
    > Disney Enterprises, Inc.
    > Metro-Goldwyn-Mayer Studios Inc.
    > Paramount Pictures Corporation
    > TriStar Pictures, Inc.
    > Twentieth Century Fox Film Corporation
    > United Artists Pictures, Inc.
    > United Artists Corporation
    > Universal City Studios, LLLP
    > Warner Bros., a Division of Time Warner Entertainment Company, L.P.
    >
    > We have received information that an individual has utilized the above reference IP address at the noted date and time to offer downloads of copyrighted motion picture(s) through a peer-to-peer service, including such title(s) as:
    >

    >
    > The distribution of unauthorized copies of copyrighted motion pictures constitutes copyright infringement under the Copyright Act, Title 17 United States Code Section 106(3). This conduct may also violate the laws of other countries, international law, and/or treaty obligations.
    >
    > Since you own this IP address, we request that you immediately do the following:
    >
    > 1. Disable access to the individual who has engaged in the conduct described above, and
    > 2. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement.
    >
    > On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, we hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law.
    >
    > Also, we hereby state, under penalty of perjury, under the laws of the State of California and under the laws of the United States, that the information in this notification is accurate and that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification.
    >
    > Please contact us at the above listed address or by replying to this email should you have any questions. Kindly include the above noted Reference # in the subject line of all email correspondence.

    1. Re:Good faith by Anonymous Coward · · Score: 0

      They have in the past used a name matching algorithm which created lots of false positives. This resulted in at least one publicized take down and desist notice against someone who was putting their own material up.

    2. Re:Good faith by moncyb · · Score: 1

      Below is the MPAA lawergram, I think the important phrase in it is that they have 'good faith' that the files are copyright and being illegally distributed. So they assume that a file with the name of their property is their property. Which is, to be honest, a fair assumption.

      Do you are saying it is a fair assumtion the filename OpenOffice.org-1.0.1-9mdk.src.rpm is infringing Microsoft's copyright? Is it fair to assume "harry_potter_book_report.rtf" is a copy of the Harry Potter movie?

      If I made a rant about crappy music and called the file "Celine Dion Kid Rock R Kelly and Eminem suck.mp3", and the RIAA's serch bot flagged this as one of their songs. Then they sent a DMCA complaint to my ISP, which gets me kicked off. Aren't they violating my free speech rights?

      Oh, I forgot. I don't have any rights if I'm criticizing an American product.

      Okay, what if I write a song called "Stripped"--a theme for creating small ELF executables. My friend named Christina sings the song, therefore I call it "christina-stripped.mp3". Should the RIAA be allowed to sue me for copyright "infringement"--even if the song was recorded and distributed long before Christina Aguilera even thought of hers?

    3. Re:Good faith by jez_f · · Score: 1

      It depends on how good the searches are If they are using strict filenames and checking file sizes that is OK. If they are being too fuzzy and not bothering with the file sizes then that is bad. There is a grey fuzzyness inbetween.

    4. Re:Good faith by moncyb · · Score: 1

      Filesizes don't mean anything either. Any given song will have different sizes when encoded with different software or at different bitrates. They will accumulate thousands file sizes for their database, increasing the chance of a collision with an innocent file. Also, if a file happens to be the same size as another, it isn't necessarily identical. Maybe it's not likely an innocent file will exactly match the name and size of an infringing file, but then again the RIAA/BSA/etc have been shown to be careless with accusations. Not to mention those with infringing files may add a random amount of zero bytes to fool the bots. Some may even change the file name and size to correspond to mine, then tell all their buddies the new Eminem song is called "Celine Dion Kid Rock R Kelly and Eminem suck.mp3".

      Filenames and sizes do not come close to showing a file contains specific content. It is far too easy for different content to have the same names and sizes for them to be used as "evidence" of any wrong doing.

      If the system used MD5 or SHA hases, then they may be able to determine the hashes of their material and be fairly accurate. This is what they were designed for--to guarantee only one file / dataset will correspond to one hash. The only bad thing I've heard about MD5 is someone can deliberately create a different file with the same hash. It is unlikely an innocent person would be targeted.

      Downloading the file (or at least enough to show it contains their content) would be absolute proof. A hash would be decent proof. Anything less is just circumstantial at best.

  105. To protect the software by coldcity · · Score: 5, Interesting
    To my mind the best way to protect the future of P2P software is to show that Judge Stephen Wilson was correct in his ruling last Friday:
    "It is undisputed that there are substantial noninfringing uses for defendants' software. For instance, StreamCast has adduced evidence that the Morpheus program is regularly used to facilitate and search for public domain materials, government documents, media content for which distribution is authorized, media content as to which the rights owners do not object to distribution, and computer software for which distribution is permitted."
    So, in between downloading files they can bitch about, consider using your favourite P2P app any time you want to download a Paint Shop Pro trial or whatever; ie, any file you'd automatically turn to the web to download. This is a small thing that everyone can do to help, and means that no-one can make the "no legitimate use" case.
    --
    coldcity
    code, life, art
    1. Re:To protect the software by evilviper · · Score: 1

      Well hey, if Slashdot posters would include the URNs of files (a simple SHA1 hash), P2Pers could better make use of it for more conventional resources.

      Here's an idea, have Slashdot convert linked pages to PDFs (can be done automatically, I wrote the script that converts OpenBSD's FAQ into a PDF) then stick it on Gnutella, and share the URN... Wouldn't require too much of Slashdot's bandwidth, and would always mean an alternative way to access the site. Of course, a tar file of the HTML/images (instead of converting to PDF) would do the job too.

      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
    2. Re:To protect the software by medscaper · · Score: 2, Insightful
      ...consider using your favourite P2P app any time you want to download a Paint Shop Pro trial or whatever; ie, any file you'd automatically turn to the web to download. This is a small thing that everyone can do to help, and means that no-one can make the "no legitimate use" case.

      I'm not trolling here, but...If we have to go out of the way to try and make it look legitimate, isn't its primary use fairly illegitimate? I mean, if I know I'm going to get better download speed and reliability downloading PSP demos from the software manufacturer, why would I try to "con" anyone into thinking that P2P was legit by doing it otherwise? To try and beef up the appearance of real, fair use?

      Sounds like a pretty weak argumentative leg to stand on, to me...

      I completely approve of P2P, but I'm not going to try and make it look more legal. Let them get a real scenario, instead of padding it with crap downloads...

      --
      Any sufficiently well-organized Government is indistinguishable from bullshit.
    3. Re:To protect the software by ozric99 · · Score: 1

      So, in between downloading files they can bitch about, consider using your favourite P2P app any time you want to download a Paint Shop Pro trial or whatever; ie, any file you'd automatically turn to the web to download. This is a small thing that everyone can do to help, and means that no-one can make the "no legitimate use" case. While I'd agree with you in principle, there are a huge number of files on these networks laden with virii (or is it viruses.. Whichever!), or just plain incorrectly named. Maybe I'm being a tiny bit naive, but I trust a site I've linked to from download.com a hell of a lot more than some random Kazaa user.
      Sites like www.filenexus.com and www.sharereactor.com have done much to enable P2P users to be confident in the content they're downloading. Perhaps what we need is something along those lines for shareware, unless there's a website I'm not aware of.
      Paul

    4. Re:To protect the software by rhizome · · Score: 1

      I mean, if I know I'm going to get better download speed and reliability downloading PSP demos from the software manufacturer, why would I try to "con" anyone into thinking that P2P was legit by doing it otherwise? To try and beef up the appearance of real, fair use?

      Yes. P2P *does* have substantial non-infringing uses which do not get enough publicity, so it's important to help provide the world with plenty of evidence of the fair-use aspects of P2P. If you haven't been paying attention (or are not US residents), the Fair Use provisions of US (and soon-to-be Iraqi) copyright law have been trundled over by copyright interests and their lobbyists with the effect of severely narrowing the legal interpretation so as to be nearly meaningless. Nobody thinks P2P is a useless technology, it's just that the RIAA and MPAA think they should be able to set the rules, and perhaps even to be the only ones allowed to supply content to P2P systems. We have seen before that they would have liked to prevent you from giving your friend a cassette or video tape on the sidewalk, it's not like they're going to stop trying everytime any new form of media distribution and representation comes up.

      --
      When I was a kid, we only had one Darth.
  106. Canadian terrorists? by Slur · · Score: 4, Funny

    Most of the marijuana I get seems to come from British Columbia these days. As we all know the Al-Canuck and Hoser-amas cartels are notorious terrorist groups funded through Molson and the Canadian Snack-Food Industry.

    --
    -- thinkyhead software and media
    1. Re:Canadian terrorists? by Anonymous Coward · · Score: 0

      And the US funded Osama. Its wrong to steal music but the RIAA doesn't have a chance. Oh and thse US weed ads suck. See the one where the girl is pregnant because she smokes weed, LOL, the one where the Kid kills his friend with his dads loaded gun cuz he is high? Try sending a teenage girl to a party with beer and she how pregnant she gets. Dont leave loaded gun around for your stupid stoned sun to play with. Im glad they're decriminalizing it here in Canada, I think that why the US ads have become so.....misinforming

    2. Re:Canadian terrorists? by Anonymous Coward · · Score: 0

      My guess is that terrorists own the hydroponic shops, because every pothead I know grows his/her own.

    3. Re:Canadian terrorists? by robbo · · Score: 1

      That's funny because yesterday the Cdn PM announced plans to decriminalize possession..

      --
      So long, and thanks for all the Phish
    4. Re:Canadian terrorists? by Anonymous Coward · · Score: 0

      That's funny because yesterday the Cdn PM announced plans to decriminalize possession..

      The demons will have a field day :(

      This is just another example of government pandering to the exorcism industry.

    5. Re:Canadian terrorists? by bluesangria · · Score: 1

      Woot!

      But will Canada have enough room to accomodate all those professional, middle-class, middle-aged American potsmokers?

      And here I was about to get my U.S. citizenship...
      Maybe I need to get my ex-patriot butt back home, eh?

      blue

    6. Re:Canadian terrorists? by Anonymous Coward · · Score: 0

      or..

      from Eastern Kentucky. Watch out for those hill-billy terrorists.

      BTW
      you shoulda posted AC. The RIAA mighta wanted your shit for themselves.

  107. Sadly, you are dim. by Anonymous Coward · · Score: 0

    Cry me a fucking river. Slashdot is a glorified message board and you are bitching as though it were your divine right to be "moderated fairly," whatever the fuck that means. Boo hoo. Go back to your pussy-ville "kuro3245432shin" then, the land of milk and honey moderations.

    Perhaps you should consider waggling your cock. That might make you feel better.

  108. You don't know they're breaking the law by Anonymous Coward · · Score: 0

    I have a massive collection of 60s and 70s vinyl. I'm downloading electronic versions of these songs and no others. This activity is perfectly legal, just as if I had ripped them myself. Yet another legitimate use of file swapping services.

    Nyah nyah.

    1. Re:You don't know they're breaking the law by Anonymous Coward · · Score: 0

      Acording to the RIAA it isn't legal. That fell under Fair Use when it still existed, but they had it removed. If you don't believe me, then read the copyright laws. It's not there anymore.

    2. Re:You don't know they're breaking the law by Temporal · · Score: 1

      It's ok for you to download them. It's not ok for you to share them.

  109. Pr0n? by Anonymous Coward · · Score: 0

    how will this affect my porn downloads? the RIAA dont care about videos of chasey lain gettin it large do they?

  110. "Ever had the feeling you've been had?" by s-meister · · Score: 2

    In the 80's the record manufacturers lowered the quality of vinyl pressings when they were charging top prices for CD's. Next they started to lower the quality of cassette tape copies of albums to push CD sales.

    Now they're trying to persuade us that we should buy Super Audio CD's and junk all our CD's.

    At the same time there's a long history of hardware manufacturers responding to demand by producing devices that circumvent copyright. Double cassette decks were once touted as the work of the devil by record companies, yet look at the market in low-end double-deck audio systems! And look at the number of hardware MP3 players and DVD decks that play MP3 CD's!

    There appears to be a strategy here. "Consumers are passive. They'll eat any carrot we dangle in front of their faces."

    Unfortunately those consumers are increasingly questioning the value of what they're offered. Why buy a big name DVD player when you can buy a cheap one and turn off M****vision and make it region free? Why buy a CD for 15 pounds or whatever you pay in USA when you can download the MP3's and burn it?

    Making it easier to do with software and hardware has increased the level of "piracy". But I believe the main reason for the current level of "piracy" is people feeling they're being ripped off, and having the chance to get their own back. And they will as long as they can. I overheard a sales assistant in a clothing store a few days ago planning to download a song a friend identified for her. She was no archetypical nerd, just an ordinary person.

    History shows that if one door is closed then another door will open. The more the RIAA fight file-sharing, the more they alienate the very people they expect to pony up all those bucks...

  111. No such thing as bad publicity by Anonymous Coward · · Score: 1, Funny

    I had heard of Kazaa before but had not bothered to give it a try. This report really caught my eye so I am now downloading the program. Thanks for the suggestion RIAA.

  112. It comes from drug cartels in Mexico and Latin Ame by Anonymous Coward · · Score: 0, Offtopic

    MaryJane is the biggest cash crop in Illinois, bigger than soybeans and corn combined. Biggest in Iowa, Kansas, Nebraska, too.

    We've got over 2 million in jail and we haven't even made a dent in juana production. What's left of rural America would vanish overnight if we were as successful at eradicating marijuana farms as the Taliban were at eradicating opium production.

  113. Somebody owes me some Money!! by 4string · · Score: 2, Interesting

    "If you are a musician whose recordings are publicly distributed, then you are entitled to your share of these royalties by filing a claim under Section 1006" I am a semi-pro musician, having posted original music on Napster, Kazaa...etc.(publicly distributed) Who do I call to get check! Really I think that all this RIAA mess is a good thing, we are in the middle of a revolution, we are the rebels fighting the RIAA/DMCA Empire. We have a obligation to force change in the record industry. I am not for copyright infringement, but I am for a new way of music distribution. I would love to see less emphasis on global promotion of artists and more local music scenes. I have spent years playing and writing music (I ended up in the IT industry, imagine that) and I still performed 134 shows last year, I believe, wait I know that there are thousands of great musicians out there and never get recognized because they do not fit into the monopolized record industry world. Imagine being able to use P2P to get music from your area, or the work local filmmakers. It is time for us to make a stand and revolutionize the music industry. Freedom the is freeedom to say that two plus two is four. If that is granted, all else follows. George Orwell, 1984

  114. RIAA Information minister says.. by BlackCobra43 · · Score: 2, Funny

    There are no pirates.They are not downloading songs. We are not violating their privacy or doing anything remotely illegal to try to scare them. There is no non-pirated music- it was all burned.

    --
    I never spellcheck and I freely admit it. Save your karma for more worthwhile "lol erorrs" replies
  115. Re:I love madonna! by fireweaver · · Score: 0, Troll

    Personally, I think she should eat -MY- diahhorrea. Madonna sucks.

  116. Now here's a scary thought... by Choco-man · · Score: 1

    Suppose the RIAA or it's members were to decide to set up a subsidiary which would purchase the major ISP's?

    Think through the ramifications of that one for just a moment...

    Scary when the judge owns the jail..

  117. Nuke the RIAA and save the Artists by poorbastard · · Score: 1

    I sort of see the same issue with the middle man getting REALLY GREEDY here in Canada, eh? Such as when the poor farmer is offered 12 cents a unit for something than by the time it gets to the store, the price is now between 100 to 250 cents per unit.

    OR service charges at you local bank. You put your money in, they offer you squat for interest. Then gouge you in interest rates, service fees and account fees. Write off millions if not billions in bad loans to companies or countries then hassle you for a few hundred dollars IF you miss a payment by a day or two (but you have always paid in have paid) thanks to a glitch within their computer system. Or worse yet when there businuess model says;
    0) is their enough money to cover transactions?
    0.a) was their a deposit for this day?
    if so then:
    1) process all out going transactions first.
    2) is account short yet?
    2a) IF yes: charge NSF charges, overdraft charges and extra service fees...

    3)Then take in account deposit.
    3a) if deposit doesn't create a client positive amount, loop back to 2)

    Artists! Stop using the RIAA. Form your own company or go independent!

    Bastards.

    --
    "Sleep deprivation is no substitute for caffeine." Untold Lessons in Life
  118. Stealing is stealing... by GabrielF · · Score: 1, Flamebait

    Yes, the record labels take advantage of artists, promote crap and pull all sorts of nasty tricks and yes the RIAA has completely bungled the whole p2p issue for years and they are mean to their customers (to say the least) but that doesn't give anyone the right to steal from them.

    Just because the owner of a store is a jerk, or charges too much, or whatever, doesn't give me the right to steal from him.

    I certainly don't believe the "trial period" arguement either, you can't just drive a car out of a dealership and claim that its okay because you'll return the car if you don't like it.

    There are certain rules that keep society from falling apart. Unfortunately the internet has become a magic invisibillity ring that allows anyone to break the rules and get away with it.

    The least we can do is stop pretending that the RIAA is the issue and own up to the fact that we are stealing music. If the RIAA wants to spam or prosecute offenders or otherwise make their lives miserable that's completely their perogative. The music industry is finally getting around to providing fair alternatives to piracy (the iTunes Music Store) and it is in everyone's interest that we use them.

    If the internet continues to be a place where responsibillity is non-existent and theft is rampant than The Powers That Be will be forced to control the internet much more tightly and that's in nobody's best interest.

    1. Re:Stealing is stealing... by kilfarsnar · · Score: 1
      I feel that this is a grey area as far as stealing is concerned. P2P certainly stretches fair use. Up until recently "piracy" really meant bootlegging; ie. copying something and selling it illegally. There is no financial transaction involved with P2P however. Fair use terms have always stipulated that I can give away a recording, but not sell it. This is why I say that P2P stretches fair use. I'm sure that the writers of copyright law did not forsee Kazaa.

      I understand that the record companies feel that this causes them to lose sales, and in some cases I'm sure they are correct. But the other day, for example, I downloaded "Come on Eileen" by Dexies Midnight Runners (I'm a child of the 80's, what can I say). This does not represent a lost sale. There's no way I would have gone out and bought a disk with that song on it even if I could find one. It's not worth that much to me. I probably would have asked friends if they had a copy. So what have the record companies lost in this case? Nothing. So did I really steal it? Or was it given to me (albeit by someone I do not know)? This is why I say it is a grey area. There is no question that some people are grabbing whole albums that they ought to pay for. But am I,or should I really be a criminal?

      At the same time, I agree with the second half of your post, especially the last paragraph, and I think that Apple may be on to something. I use Macs at home and I can't wait to pay for music! The reason is that it is quick and easy and painless. And you get higher quality tracks than you generally get on P2P. But this is the way to do it. Offer a superior product and people will pay for it. It was pointed out to me that many people can get free coffee at their office, but they still go to Starbucks.

      Finally, if you browbeat people into doing things your way, they will only do it so long as you are watching. As soon as the cat is away the mice will play. This is not real change, and it is not stable. It's just intimidation. The RIAA needs to stop taking itself for granted. On a purely visceral level I just don't have sympathy for rich people whining about how they aren't getting richer. Okay, I'll stop ranting...

      --
      "What the American public doesn't know is what makes them the American public." -Ray Zalinsky (Tommy Boy)
    2. Re:Stealing is stealing... by Quixotic+Raindrop · · Score: 1

      Maybe you steal, but I only download songs that are on formats I already own, but am either too lazy to rip myself, or the CD, Cassette, or Vinyl album that I bought is damaged, or the cd/tape/album is at home and I'm at work ... etc.

      Peer to peer sharing of music files is not, in and of itself, a violation of copyright, and neither is downloading those files in and of itself piracy. Owning a hammer does not automatically make one a murder suspect, even though hammers have been used throughout history to commit murders ... although, the RIAA (&/or MPAA) would have you believe that merely owning a hammer, or DeCSS, or Kazaa/Morpheus/whatever does, in fact, make you a criminal. Since I didn't elect the RIAA or MPAA, and neither did anyone else in this country, their attempting to create laws on their own is a usurpation of the Constitutional authority given to the Congress and the President. That makes the RIAA and MPAA the issue.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not sure about the former. (Einstein)
  119. These RIAA Bastards are sneaky... by DoctorScooby · · Score: 0, Troll

    ... but they made one fatal mistake. In the '60s, '70s, and even in the '80s, they unknowingly released REALLY GOOD MUSIC. This shall be their undoing, for I do not need to buy their 'NStink and ButtSweet Boys, for my Pink Floyd, Sabbath, and Zeppelin shall sustain me indefinitely.

    Imagine if Microsoft made Windows98 completely perfect and bug-free, then went back to releasing the same old crap again. We'd all buy 98 and stick with it until they pry it from our cold dead hands, right? That's what happened with music (or should I say Muzak?)

    The RIAA used to release good music, but they won't make that mistake again.

    I am a troll, please mod me down! Why won't anybody mod me down?

    1. Re:These RIAA Bastards are sneaky... by DoctorScooby · · Score: 0, Troll

      Please note: It's truly pathetic to have to beg for a modslap. I've sunk to the very bottom of the evolutionary ladder, begging for any spare mod point you may have to throw my way in disgust. Don't you have just one mod point in the bottom of your pocket, sir? Anything will do...

      What am I, Al Capone's nephew? Don't be afraid, mod me down dammit! My fellow trolls won't give me any respect with my karma so bloody high! They're gonna rip me to shreds! PLEASE PLEASE PLEASE, don't let me be a failure at my life's work, just one little nasty mod point, please sir, just one, that's all I want, not all of them, just one!

    2. Re:These RIAA Bastards are sneaky... by DoctorScooby · · Score: 1

      Thank you, you have no idea how much that means to me. Your autographed copy of the epic Mein Kampf is in the mail.

  120. they got the spam idea from verizon by hachete · · Score: 1

    http://www.wired.com/news/digiwood/0,1412,58676,00 .html

    There is now no legal basis for the RIAA to proceed. I believe the grokster case will open the flood-gates. What do we have here? Morpheus with a new version:

    http://www.theregister.co.uk/content/6/30474.htm l

    h.

    --
    Patriotism is a virtue of the vicious
  121. Trumped by the DMCA and NET acts, no? by Adrenochrome · · Score: 1

    "No action may be brought under this title..."

    That doesn't preclude bringing action under another title.

    1. Re:Trumped by the DMCA and NET acts, no? by GigsVT · · Score: 1

      That doesn't preclude bringing action under another title.

      Title 17 is ALL of the copyright laws. Including the DMCA, and most of the NET act. The NET act is in 17 and 18, but the parts of NET that are in Title 18 are dependent on a violation of Title 17, so I think if you are immune from violation of title 17, you would be immune from NET Title 18 sanctions.

      IANAL.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  122. They don't even look... by Zazi · · Score: 1

    Y'know, I think I may start downloading MP3s after this. I'm on Kazaa, and suddenly get that RIAA message. Now I search my entire network. There is not one MP3, movie, or any other illegal bit on it. In fact, the only things I had shared were some source code bits, and levels for games like UT2k3. Maybe they want those? Anyway, this is disturbing that they threaten you with legal action over something that does not apply to you. It's definately a scare tactic, and one that they don't really put much effort into it. I mean c'mon! Not one stinking bit on there, and they threaten me with legal action... Legal action for what, I'm still wondering...

  123. Fair Use is NOT Theft! by BECoole · · Score: 2, Interesting

    Repeat after me: Reproduction for non-comercial use is NOT theft! Leave it to the RIAA and libraries will be illegal.

    1. Re:Fair Use is NOT Theft! by /dev/trash · · Score: 1

      1) How can you guarantee that the music on a Kazaa network isn't being sold later?
      2) Fair use is not taking the entire work and using, it's taking part of teh work and using it in research etc. WIth proper attribution.

  124. WAGGLY COCKS by Anonymous Coward · · Score: 0

    no the whole point is to make useless short posts which are drivel you are useless

  125. Has the RIAA IM spam crossed Virginia state lines? by seniorcoder · · Score: 1
    Looking at another news item, I wondered if there was any way the mass RIAA IM could somehow be construed as spam according to the new Virginia anti-spam law.
    We can all dream can't we?

    Pay for music: attend live concerts.

  126. Assumption of guilt? by Anonymous Coward · · Score: 1

    Did anyone get one of these RIAA messages who *hadn't* used Kazaa or whatever for d/ling dodgy MP3s? If so, then isn't that effectively slander by the RIAA?

  127. Re:Damnit! Corrected version... Re: Hi! CtC? by Anonymous Coward · · Score: 0

    yuck...the mental image of hillary rosen posing in front of a webcam doesn't sound too appealing.

    however if they would like to put up say, shakira...that'd be more interesting.

    but back to the topic...i don't know what they think they are doing. heck...it's been over a decade and they can't even put a dent in software piracy.

  128. A rule of thumb. by Maverick2219 · · Score: 1

    Use Kazaa Lite for porn and other movies, and use WinMX for music. They don't seem to be scrutinizing WinMX at the moment, and probably won't for a couple more years. It's also alot faster when trying to get most audio files (as in more users with the file).

    --
    I try to make everyone's day a little more surreal.
  129. Mod Parent Up Re:Plausible denyability !!!!!!!! by PortWineBoy · · Score: 2, Informative
    I don't think there's any legal obligation to secure a wireless network.

    It looks like NH will pass into law a bill that says if your wireless network is unsecured, no charges can be filed against anyone who comes snooping around your network. I think that's great and coincides nicely with this idea. Can anyone shoot some holes in this theory for me? I wonder if any of those college kids who are getting hit for $97 billion had a wireless setup?

    --

    this sig deleted by another sig

  130. Spam by Anonymous Coward · · Score: 0

    Would their actions qualify as "spamming"?

  131. Assualt by enigmaunbound · · Score: 1

    Wouldn't this be considered assault? They are causing a person to fear for there personal safty. And they are doing so in an undirected fashion. Its essentialy the same as walking into a train station and telling random individuals that they could be hurt. Would any legal types care to correct me if I'm wrong?

  132. P2P on the radio by fain0v · · Score: 2, Interesting

    On 97.4 in Detroit they did a radio segment of RIAA and P2P networks. Unfortunately I didnt get the chance to call in yesterday but I sent them an email today. The entire show missed the point. They spent the entire time arguing over whether or not pirating songs was legal or not. I did not listen to the entire show, but I never heard them bring up legitimate uses of the networks, or the tactics of the RIAA. It was pretty much(I am paraphrasing here) "P2P = Piracy = Bad". Hope they actually read my email because I told them to come read /.

    1. Re:P2P on the radio by omega9 · · Score: 1

      Radio stations are tools of the recording industry. It's a matter of "Don't bite the hand that feed you".

      --
      I'm against picketing, but I don't know how to show it.
  133. Public Examples by ek_adam · · Score: 1

    Unless they charge about 100 small time swappers and publicize it widely to send a chill to everyone else.

  134. 45 Million Owned Windows Boxes on the Net by Greyfox · · Score: 1
    I'm sure someone could host some copyrighted content on one of those pretty anonymously. They even advertise who you are, just check your snort logs.

    On the other side of that coin, the "I had a trojan" defense seems to be pretty effective.

    It'd be nice if the RIAA made themselves useful and started promoting better system security...

    --

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

  135. The GPL isn't a copyright. by Gleef · · Score: 4, Informative

    A copyright is any of the exclusive rights granted to the author of a work under the Berne Convention, or under local copyright laws, such as USC Title 17 for those of us in the US. These exclusive rights can be transferred, as occurs with Copyright Assignment to the Free Software Foundation, but even such a transfer isn't the copyright itself, but a transfer of ownership of copyright.

    The GPL not a copyright, it is a license, and a non-exclusive one at that. A person who makes use of the GPL to redistribute or modify software doesn't have a copyright for the software, they have permission from the copyright holder to do certain things under certain conditions. The GPL makes use of copyright law, but that doesn't make it a copyright.

    Music licensing is more complicated. Sometimes a license is given to redistribute a work, or to use a sample in a recording; sometimes music is licensed en masse . Sometimes copyright is assigned to various parties, sometimes it isn't, sometimes it is assumed as part of a "work-for-hire" contract. Sometimes the copyright is split, the songwriter having copyrights for the lyrics, the band having copyrights for the score, the producer having copyrights for the studio recording, and these can get licensed in whatever ways. But, again, the license is not the copyright.

    Disclaimer: I am not a lawyer, the above should not be interpreted as legal advice. Determining which parties own which copyrights can be a complicated issue demanding professional legal help.

    --

    ----
    Open mind, insert foot.
    1. Re:The GPL isn't a copyright. by Anonymous Coward · · Score: 0

      Irony is all these "Lunix fanb0ys" wanting the end of software copyright, when that would make their GPL null and void!

      Ha!

    2. Re:The GPL isn't a copyright. by Chris+Burke · · Score: 1

      That's not ironic. If there wasn't copyright, there would be no need for the GPL.

      --

      The enemies of Democracy are
    3. Re:The GPL isn't a copyright. by Anonymous Coward · · Score: 0

      Q: How would the lack of copyright laws promote source code distribution?
      A: Uhhhhhh.

      99% of software is not distributed under copyright laws anyway -- it's distributed under use contracts (EULAs). You remove copyright law, and EULAs, DRM, and Licence servers step right in.

      And the GPL is replaced by the General Public EULA.

    4. Re:The GPL isn't a copyright. by geekee · · Score: 1

      Actually, that incorrect. If there was no copyright, I could make some changes to Linux, sell that version, and not be required to release the source code.

      --
      Vote for Pedro
    5. Re:The GPL isn't a copyright. by Chris+Burke · · Score: 1

      True, but there would be very little incentive to do so. I could just decompile your version and compare it to the stock kernel, incorporate those changes if I wanted, and distribute it.

      Remember, the GPL is designed to grant you the rights copyright takes away -- the right to share useful programs, and to modify those programs to be more useful (and to share those modifications). It is designed to prevent others from taking those rights away once they have been granted. But without copyright, you always have those rights.

      So no need for the GPL, even though it's convenient to get the source code with programs. Still, in a world in which copyright has been banished, I'd think not releasing source would be frowned upon as a vestige of the old "I don't want to share" mentality. :)

      --

      The enemies of Democracy are
    6. Re:The GPL isn't a copyright. by Gleef · · Score: 1

      Anonymous Coward wrote:

      99% of software is not distributed under copyright laws anyway

      Wrong. Well over 99% of software is distributed under copyright law. The only software not covered by copyright law is software in the Public Domain, either by age or by explicitly being released to the Public Domain. Since as far as I know, the only software old enough to be public domain by age is Ada Byron's guide and some loom cards, that's pretty much limited to the tiny handful that's been explicitly released. Everything else is covered by copyright law, regardless of EULA's, DRM, License servers, dongles, trade secrets, whatever.

      In fact, the copyright laws are the original reason for the license agreements. With the exception of game consoles, most software is distributed in a form different than the form you need to use it in (CD, compressed executable, historically 9-track tape or a pile of floppies, whatever). To install the software, you have to copy it. The license explicitly grants you the right to do so, under copyright law, and describes in detail what rights you have and have not been granted.

      The biggest problem with EULA's is that companies use them to take away rights unrelated to copyrights. People have to put up with them, because without an EULA, because of copyright law, any software installation can erupt into a legal battle where the user has to establish fair use. Companies don't want to put up with that, so they deal with bad EULA's because they don't like the alternative.

      If copyright law were to go away entirely, there would be no need to deal with EULA's. Sure, there still would be software that's only offered with a contract shackling it, but they will be at an economic disadvantage to software that's just plain sold, since you can do more with software that isn't shackled by a contract.

      And the GPL is replaced by the General Public EULA.
      If copyright law were to go away, the GPL will be moot, nobody would need to accept it to modify or redistribute the program. Software currently distributed under the GPL would lose their copyleft nature, but that's a small price to pay for the overall gain in freedom.

      Q: How would the lack of copyright laws promote source code distribution?
      Because software distributed without source code would have no different protection under the law than software with source code, but software with source code would help the customer more. Customers like it when the companies they do business with give them flexibility and self-control. Software distributed with source code would be at an economic advantage to software without source code.

      Disclaimer: I am not a lawyer, the above should not be considered legal advice.

      --

      ----
      Open mind, insert foot.
    7. Re:The GPL isn't a copyright. by jaoswald · · Score: 1

      the GPL is designed to grant you the rights copyright takes away

      I don't want to be overly pedantic, but the GPL is a license designed to grant rights to license-holders that most copyright holders do not grant. Copyrights don't deprive you of rights---they allow copyright holders to enforce their copyrights. A second effect is to restrict you from exercising rights that you would have in the "absence of copyright," i.e. for works in the public domain, such as to distribute derivative works without making the source accessible.

  136. P2P SPAM by Anonymous Coward · · Score: 0

    This sounds (and smell, and taste) like P2P SPAM to me
    They are desperate

  137. Isn't that what we call SPAM? by Hao+Wu · · Score: 3, Informative

    Sending thousands of messages for a commercial/political interest. That's the definition of SPAM.

    --
    I suggest you read Slashdot
  138. achieving a balance by Naito · · Score: 1

    If I like enough songs available on one CD, I'll still go out and buy it. I have low standards already, so long as half the songs on the CD are good, I'll go buy it, no question there. I'll even order them from overseas if I can't get them here. It's just that nearly all CDs out these days have maybe 1 or 2 good songs and the rest SUCK. I just can't justify spending $20 on 2 songs. The RIAA realizes their artists suck right now. So they're trying to find a new source of revenue, by sueing their customers. Notice how alot of companies these days are doing the same these days now that the economy is down?

  139. GAHH!!! by nege · · Score: 1, Flamebait

    I REALLY really, and I mean REALLY dont understand why this is such a big deal. REALLY. This whole file sharing business about copyrighted files is so simple-- I agree that the product (content / music) in this case belongs to the publisher (RIAA). Therefore it is illegal to give away (publish) to untold thousands of other people. Now the whole p2p thing is a completely different issue - those are legal entities as proven by the earlier court case. But lets say the RIAA ticks you off right, and you want to listen to music. There are tons of good bands out there that will offer their music for free download (check mp3.com for one example) or for quite cheap on CD (5-9$ which is reasonable IMO). I have not purchased a CD in 2 years because of this whole mess - it is so easy to live without "popular" music, because it is HONESTLY not any better than the music that is not "popular". Oh, but do whatever people. I'll just sit in this corner with my indie music, safely away from the fanning flames.

  140. Why Not Club Bands by MissingNetLink · · Score: 2, Insightful


    Why not find a club band they like that does not have a contract with a record company and create a market for them. Rating system, advertisement and so on.

  141. Let's turn this around... by crashnbur · · Score: 1
    Plausible scenario?

    Instead of the RIAA IM'ing thousands of individual users, suppose thousands of individual users sent IM's, emails, letters, etc. directly to the RIAA. The movie Hackers may have been farfetched, but the notion of computer-geek solidarity is hardly impossible. The concept of safety in numbers is alive and well, and I wonder just what the RIAA would do if we bombarded them with timely and substantive letters of complaint.

    Or couldn't we just start with a bigger hit? The RIAA has been trying to knock out the legal foundation for file sharing for years now. I'm certain that we have a legal defense, but isn't the best defense in some cases a good offense? I say go on the attack and sue the RIAA. (Okay, I lack the knowledge of exactly what the RIAA and other groups can be sued for at this moment, but I have only been following headlines for the last few months. If this is plausible at all, perhaps it will at least generate a little discussion before we don't do anything.)

  142. At what point is the law broken? by AltControlsDelete · · Score: 2, Informative

    I'm sure I need to RTFL (that's an L for law) somewhere, but is the law broken when someone who owns a license to listen to a song shares that song, or is it broken when someone who doesn't own a license to listen to that song comes along and downloads it?

    If it's illegal to share in the first place then the RIAA should be able to take legal action against file-sharing services forcing them to disallow users from sharing their music files, but the ruling in the Streamcast case seems to indicate that just the act of sharing isn't illegal, because it could be that the files are being shared only between people who already have a license.

    If it's an unlicensed user downloading the file that's illegal, how in the world does the RIAA prove the absence of a license? We've already been made to understand that when we go buy a CD, we don't own that CD, we own a license to listen to the music on that CD. So even if that CD is lost in a fire, the license to listen to the music should still persist, right? It would then follow that obtaining the content from a P2P network would be perfectly legal. For the RIAA to prosecute a file-swapper, they'd have to prove that the receiving party never owned a license, and they'd be hard pressed to do that.

    I know it can't be that simple, so someone kindly flame me for missing the obvious illegality here. Obviously the law is being broken daily, but how are they going to prove infringement under the 'licensing' system they've created? It seems to me like they've shot themselves in the foot, but I'm sure I'm missing something.

    1. Re:At what point is the law broken? by Anonymous Coward · · Score: 0

      We're talking about "copyright", which means just what it says: the right to copy a work. Buying a work -- even the single, unique, original copy of a work like a painting -- doesn't give you the right to make copies of it. That right is separate from ownership (and a number of other, more obscure, rights).

      Leaving a book lying around doesn't directly violate the law; running the book through the photocopier does. So, the ultimate burden here is on the downloader, who's the one making the illegitimate copy. (You could perhaps make a case that the owner of the original is liable for contributory negligence or some such by leaving his expensive textbook lying around in the copy center, or file on the hard drive, but I don't know if that would really hold up.)

      Licensing has nothing to do with the issue, actually. There's no license involved. You would need to negotiate a license with the holder of the copy right if you wanted to make copies. That starts off being the creator of the work; usually, in the case of music, the copyright gets assigned to the record label. Without at least a limited license to copy, after all, the record company couldn't make records, either. Purchasers of the copies don't get a license to copy (or play, or whatever); they just get their copy. If no one but, say, the record company has a license to make copies, then that downloader obviously doesn't have the right to do, since no one does.

      The principle starts to get really muddy in digital devices. To actually play that MP3, for example, you generally have to copy it from disk to RAM, right? Maybe there's another copy of the file in your disk cache? Or I/O buffer on your disk drive, as well as the platter? If you stream audio from a web site, there are many copies of the data in routers all along the path, right? The definition of "copy" isn't even as neat as in the case of real physical objects. However, the law allows these sort of temporary copies incidental to using the work as intended. It's the "permanent" copies that are the ones of concern.

      And no, I'm not a lawyer. You asked on ./, and the advice is worth exactly what you paid for it.

    2. Re:At what point is the law broken? by AltControlsDelete · · Score: 1

      Okay, I think I understand what you're saying. My only question would be, given that owning a CD means I own that particular copy of the content in question, is it a copyright violation to rip the CD or copy the CD in any regard?

      Thanks for the lucid reply.

  143. Hanzosan, you are so right. by death+to+hanzosan · · Score: 1

    Also the Jews should have given up during the Holocaust, because it is useless to fight technology and progress. Why slow down innovations in mass murder like Zyklon-B and gigantic people-eating furnaces? I thought the whole point is to promote progress?

    You barbaric buffoon! Not all technological progress is good. Ask the victims of DDT! Interview a thalidomide baby! There are good arguments against the RIAA, but yours is not among their number.

  144. What? by death+to+hanzosan · · Score: 1

    Monopolies are not illegal. Your power company has a monopoly on selling you power. Monopoly abuse is illegal. Therefore if a copyright is used by a monopoly to help defend its monopoly which it is not abusing then copyright is being used as it was intended. For instance, if Pepco Power sues "Pepco Power Pills" for copyright infringement, they've got a legitimate case.

    Please stop your ignorant, facile babbling and go to school or something.

    1. Re:What? by HanzoSan · · Score: 1

      They arent illegal but they should be.

      --
      If you use Linux, please help development of Autopac
  145. That's not MY point by HiThere · · Score: 1

    The RIAA is corrupting congress and purchasing laws that adversely affect me. Nothing they do can or could make them look any better until they repair at least some of the damage they have done. Mind you, they do have, and have repeatedly exhibited, the ability to make themselves look worse...

    Telling people that they are not anonymous is a combination of threat and fair warning. It's not an either/or. It's like the bully has told you that he's upset about the color of your hat, as that's *his* color, and you aren't allowed to wear it." It's both a warning and a threat.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  146. P2P users to RIAA: by The+Master+Control+P · · Score: 1

    "We don't care; Kiss our collective asses"

    I can't wait for someone to come up with a hack or script to do this any time they get a message from them.

    Better yet, do so running Freenet and say "Actually I am anonymous, morons."

  147. RIAA violations by EdMcMan · · Score: 1

    I'm curious about what types of violations the RIAA has possibly been committing. (On a P2P system,) What would be grounds for harassment? For threatening? Or even conspiracy?

  148. Is this even legal by Zed2K · · Score: 2, Interesting

    What the RIAA did? I mean they are entangled in many lawsuits against various people and companies over this thing and they turn around and harrass the very people they are in the lawsuits against? Its basically the same thing as if someone killed one of my family members so I went to the suspects house and started harrassing them and their families. This can't be legal. When you are in a lawsuit there are certain things you can and cannot do when it comes to contact with the other parties.

  149. Well, I can't speak for everyone else, but... by DaveOf9thKey · · Score: 1
    Just wondering, what will it take to make y'all happy?
    • The ability to buy tracks from the Apple Store or something just like it on my PC.
    • Availability of tracks from non-Big Five artists and labels from said store.
    • A plug-in for Winamp 2.8 that will let me play purchased tracks alongside MP3s with no hassle.
    • The ability to burn said tracks an MP3-CD and have it play in my Rio Volt, or some other MP3-CD player.

    Of course, a $99 iPod would be nice, too, but that's just wishful thinking...

    -David, waiting to see what RealNetworks does with Rhapsody.

    --

    Visit me on the web at Permanent4.com.
  150. Not quite... by Mr.+Underbridge · · Score: 1
    No, thats the break down in their case. They DO argue there is no legit use for those services. Not that it is not legal to trade songs. The point is that the service is not at fault. So they argue that it has NO legit use so they can say they are at fault.

    A la Napster, which was probably used by 6 people to do legal things, simply having some legit use is insufficient. One way they could have won the last decision is to show that there is no SUBSTANTIVE legal use of the service. The fact that they used Kazaa as an instant messenger service does not make that a substantive use.

    Naturally, with Kazaa, there really are other uses, and they've been careful not to hard-code music piracy as use #1 (though, like, duh). That's only one of the standards that RIAA would have had to meet, and they flamed out pretty much on all of them (especially on Kazaa's not controlling the networks).

  151. Oh BS by FallLine · · Score: 4, Insightful
    RIAA: "It appears that you are offering copyrighted music to others from your computer. ...When you break the law, you risk legal penalties. There is a simple way to avoid that risk: DON'T STEAL MUSIC either by offering it to others to copy or downloading it on a 'file-sharing' system like this. When you offer music on these systems, you are not anonymous and you can easily be identified."

    Me: "Man the desperate things you try... How does it feel to be obsolete? Artists don't need you anymore. Consumers don't need you anymore. I hear your industry fading. Better brush up on your customer service skills, your gonna need them in your new job at Mcdonalds. If they hire form scum sucking executive types. ah... I hear the clock... tick tick tick tick"
    What exactly is the industry doing wrong here? They're providing violators of their copyright ample opportunity to correct the situation before they attempt to address the matter legally. While this may be the easy way out for the industry, it is also beneficial to the user that just might arguably be unaware that he had copyrighted material or that he can be held to account for it.

    What part of P2P makes the industry obsolete exactly? Just because P2P makes possible blatant violation of copyright that was previously much harder does not make the industry any less necessary. What you are trying to imply is sort of like arguing that because I can steal from, say, Nordstrom's that clothing retailers are no longer necessary. Even if we completely ignore the (misleading) distinction between these two forms of theft, you're taking still does not answer the tough questions, namely, what is going to secure the continued production by the originators (read: artists or clothing makers) or what is going to replace the marketing and publicity function that both you and the artist ultimately depend on.

    I have no problem if you wish to completely cut RIAA out of the loop. However, the fact of the matter is that you're not. You're trying to have your cake and eat it too--you want to enjoy the services without paying for them. You're taking music for which RIAA owns the copyright, which they own because they perform a multitude of functions and which is the reason why you're downloading the music in the first place. If you want to do P2P and claim that neither you nor the artist "need" RIAA, then do it without misappropriating copyrighted material.

    You guys assert that P2P can somehow replace the current function of RIAA. Maybe, but probably not in the form that it exists today on Kazaa and numerous other networks, and you certainly have not demonstrated it. P2P has been around for a couple years now and yet you'd be hard pressed to point to a single major artist that can really credit their success to these services. Record sales may be slumping today, but up and coming artists are still signing with major record labels by and large, despite the existance of the P2P that you claim makes the industry irrelevant. The proof is in the pudding, or should I say...NOT?
    1. Re:Oh BS by Anonymous Coward · · Score: 0

      Wrong, up and coming artists are not still signing with major record labels by and large. Even for those lucky enough to get a contract, the rewards are pitiful unless your target market happens to be braindead pre-pubescents. The proverbial proof in the pudding will take longer to emerge because P2P is a distribution medium and does not facilitate promotion. Of course if the public can be fooled into thinking that P2P==Jailtime then the music revolution will not be happening - ever.

    2. Re:Oh BS by phriedom · · Score: 1

      "You're taking music for which RIAA owns the copyright..."

      I respect you for calling copyright violation what it is, instead of calling it stealing.

      I also think the music industry is doing many things wrong, but warning people who are violating copyright is not one of them. Now on the other hand, if they are sending warnings to everyone who is sharing files, even people who are only sharing files for which they hold the copyright, then I would say there is something wrong with that. To me that is like Ebay refusing to sell anything on CD-R because they presume it is illicit. But warning/threatening people who are actually breaking the law seems fair to me.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    3. Re:Oh BS by vDave420 · · Score: 1
      [QUOTE] You guys assert that P2P can somehow replace the current function of RIAA. Maybe, but probably not in the form that it exists today on Kazaa and numerous other networks, and you certainly have not demonstrated it. P2P has been around for a couple years now and yet you'd be hard pressed to point to a single major artist that can really credit their success to these services. Record sales may be slumping today, but up and coming artists are still signing with major record labels by and large, despite the existance of the P2P that you claim makes the industry irrelevant. The proof is in the pudding, or should I say...NOT? [/QUOTE]

      Recall that RIAA didn't appear in 2 years, nor did it generate its power over that time. It took decades for that power and exploitation system to arise.

      Here are some that are getting noticed, through p2p.

      Generally, they do not have to pay a massive price (through lost profits, etc) for recognition and distribution of their music. It seems to be working QUITE well for them, as well!

      Check them out here!

      -dave-

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    4. Re:Oh BS by FallLine · · Score: 1
      I respect you for calling copyright violation what it is, instead of calling it stealing.

      I also think the music industry is doing many things wrong, but warning people who are violating copyright is not one of them. Now on the other hand, if they are sending warnings to everyone who is sharing files, even people who are only sharing files for which they hold the copyright, then I would say there is something wrong with that. To me that is like Ebay refusing to sell anything on CD-R because they presume it is illicit. But warning/threatening people who are actually breaking the law seems fair to me.
      Well I do regard it as a form of theft, but it's a semantic argument that was not particularly relevant to that discussion. That sort of copyright violation is ultimately an immoral act, whether the wrong is derived from violation of so-called natural law (e.g., theft of physical property) or from secondary laws that are designed to secure the greater interests of society and to protect the livelyhood of the artist. Besides the rightness of intellectual property law itself, as a concept, there is an explicit and implicit contract between the artist and the consumer/society that the artist shall maintain copyright control over his work as a condition for creating it so that he might profit from it if serves a good purpose. That is to say that the existence of copyright law is not merely incidental; the copyright is a necessary condition or element in the original creation of great many goods today (whether you think they should continue to exist in the future is almost besides the point--that was the understanding). As such, I would compare this sort of "theft" to violation of a contract, itself a form of theft. If you agree to pay me 200 dollars to furnish you with, say, legal advice, then you are morally obligated to pay to me if you enjoy the benefits of my advice. Whether or not your copying of my idea constitutes a loss for me in and of itself is not a necessary condition to establish harm. The harm is demonstrated because you're enjoying my work in its entirity without giving consideration; a violence not just against society, but against me as the creator of that intellectual property.

      It is wrong to freely share CDs digitally, knowing that numerous people can and will download them, because you're not merely transferring ownership, you're necessarily creating a copy, which does correlate strongly with injury of artists and record companies. Perhaps if the P2P servent would remove all copies of said music from the computer upon the client's successful download, then we might be talking about this a little differently. Likewise, I would regard selling a CD-R duplicate of a copyrighted CD or mix of multiple CDs as an act of theft, unless the source CD was destroyed.
    5. Re:Oh BS by Anonymous Coward · · Score: 0

      >What exactly is the industry doing wrong here?

      The issue isn't what industry is doing wrong: it's what Governments are letting them do. Companies have no conscience, their sole purpose is profit, and that's fine, I own shares in some myself.

      If Government's reactive legislation is based entirely on corporate concerns, courts rubber-stamp companies' legal actions and police forces are hijacked for casual use by the RIAA, both artists and distributors have no incentive to exploit and embrace online distribution.

      This is great for them - they can defer the necessary investment to another day, which any company will do given the choice between a paradigm shift and a profitable status quo maintained at the expense of progress and the public interest. This is not a criticism of the nature of business - just an observation.

      File sharing may have done more harm than good in that is has precipitated a flashpoint that companies can use to justify their regressive position, but Kazaa et al are not the real issue here. :)

    6. Re:Oh BS by FallLine · · Score: 1
      The issue isn't what industry is doing wrong: it's what Governments are letting them do. Companies have no conscience, their sole purpose is profit, and that's fine, I own shares in some myself.

      If Government's reactive legislation is based entirely on corporate concerns, courts rubber-stamp companies' legal actions and police forces are hijacked for casual use by the RIAA, both artists and distributors have no incentive to exploit and embrace online distribution.

      This is great for them - they can defer the necessary investment to another day, which any company will do given the choice between a paradigm shift and a profitable status quo maintained at the expense of progress and the public interest. This is not a criticism of the nature of business - just an observation.

      File sharing may have done more harm than good in that is has precipitated a flashpoint that companies can use to justify their regressive position, but Kazaa et al are not the real issue here. :)
      What exactly has the government done here that is wrong or strictly these industry group's benefit? I would not say the government action is based "entirely" on RIAA/MPAA concerns, quite the contrary. The action hinged around the necessity of intellectual property in our society, which affects all intellectual property owners (not just RIAA with their particular model) and consumers themselves. Napster et. al are antithetical to the whole concept of intellectual property and thus they've encountered government roadblocks. However, these roadblocks have not been thrown into the path of the numerous other competitors to RIAA. For instance, mp3.com (excepting my.mp3.com -- which mostly involved RIAA's IP) still exists today and they compete, unmolested.

      While you may believe that the RIAA and the MPAA are based obsolete business models, the way to change is not by misappropriating their intellectual property. You cannot reasonably argue that P2P theft is "competition" or that stopping it is merely protectionist. There ARE other ways to compete--that are actually competitive--not just destructive.

      I disagree with you that there is no incentive to change. The music industry is reasonably competitive--each company would love to take a larger share of the market from their competition. The artists also would love to get a larger royalty for each CD sold--since they currently get a small sliver of each sale (due to the fundamental economics of the industry)--if an alternative method could deliver the artists more per CD sold with any where near the number of CDs sold, then they'd probably jump at the opportunity. The trick is to find a business model that really works. Too many of you are lulled into the belief that the problem is just distribution. Far from it, in today's market, at least with younger consumers, you can easily deliver CDs online and even to retail stores. The trick is to grab the consumer's attention to get them to hear and listen to new music without radio, MTV, and other mass-media outlets. Where? How? Most consumers, you must realize, are not active music listeners, they don't have the inclination or the time to seek out new music.

      Lastly, the actual action that the government has taken has been pretty limited. It took awhile to shutdown Napster and other forms of P2P are still reasonably strong. The government and the courts have done very little to stop this.
    7. Re:Oh BS by theLOUDroom · · Score: 1

      What exactly is the industry doing wrong here? They're providing violators of their copyright ample opportunity to correct the situation before they attempt to address the matter legally. While this may be the easy way out for the industry, it is also beneficial to the user that just might arguably be unaware that he had copyrighted material or that he can be held to account for it.

      What are they doing wrong?

      Everything.

      First off, they're failing to offer their songs in any other format than CD. If I want an mp3 of "Enter Sandman" there's no way for me to get it other than pay $17 for a CD. They're failng to satisfy market demand.

      Second, they completely rip off those artists whose right they claim to be protecting. Most artists would get more money if I mailed them a quarter, than if I bought their CD.

      The RIAA is sitting on a dying business model. They just aren't needed anymore. I can distribute my music via the internet, or sell CDs off my website. They refuse to accept and embrace new technology, so they will die.

      The internet is here to stay. It's a great means of delivering data. They should look into it.

      Instead of offering a LEGAL, better alternative to Napster, they sued them out of existence. Then another network popped up. Then they sued it. Then another network popped up. These morons need to get with the program and realize that there's demand out the for electronically distributed music.

      If I could legally download music, from a site the fairly compensated the arist, I'd be all over it.

      What part of P2P makes the industry obsolete exactly?

      The part that makes it so that someone doesn't need $1,000,000 in start-up capital to mass produce music. They're done for. And it's not P2P that makes them obsolete, it the internet itself.

      If you want to do P2P and claim that neither you nor the artist "need" RIAA, then do it without misappropriating copyrighted material.

      Small problem here: Even "Happy Birthday" is still copyrighted. And don't forget that if you want the RIAA to sell your album, you have to sign a contract that will not allow you to sell your album by other means.

      up and coming artists are still signing with major record labels by and large, despite the existance of the P2P that you claim makes the industry irrelevant. The proof is in the pudding, or should I say...NOT?

      Many "up and coming artists" aren't signing with the RIAA anymore, but you won't see these people on MTV, so you probably don't know about them. More and more artists and consumers are getting wise to their BS and getting their music elsewhere.

      --
      Life is too short to proofread.
    8. Re:Oh BS by FallLine · · Score: 1

      What are they doing wrong?

      Everything.

      First off, they're failing to offer their songs in any other format than CD. If I want an mp3 of "Enter Sandman" there's no way for me to get it other than pay $17 for a CD. They're failng to satisfy market demand.

      Second, they completely rip off those artists whose right they claim to be protecting. Most artists would get more money if I mailed them a quarter, than if I bought their CD.

      Umm, the argument was over RIAA's instant messaging copyright violators. I'm not here to defend RIAA per se. That said, you're being foolish. Since when does not offering exactly the service that you want give you the right to steal service? Who says even if RIAA were to deliver the "right" service for the "right" price that this piracy would stop? Or do you just set the price so ridiculously low that your time cannot possible be worth less?

      Just because the artist only gets a fraction of each CD sold in royalties does not mean the artist is getting ripped off. It's not like the only other cost is the cost of the CD and the packaging. What you're really paying for are all of RIAA's other services, especially the marketing for the artist you're listening to and the 9 other artists that never quite took off (not to mention talent scouts etc). It's not like the artist is going into the situation blind-folded. Besides there are a lot of rich artists. Yes, there's also a lot of bankrupt artists, but there's also a lot of bankrupt lottery winners (and no one questions the certainty of those annuities)--some people just make really bad decisions with their money, especially when they acquire is suddenly.

      None of this is to say that I like the characters behind the recording industry, but that your assertions do not really amount to a meaningful indictment--and certainly not justification of piracy. You think they're irrelevant? Fine, then prove it by not listening to RIAA's pirated music, it's only a very small portion of the music that you could theoretically listen to, right?

      The RIAA is sitting on a dying business model. They just aren't needed anymore. I can distribute my music via the internet, or sell CDs off my website. They refuse to accept and embrace new technology, so they will die.

      The internet is here to stay. It's a great means of delivering data. They should look into it.

      Instead of offering a LEGAL, better alternative to Napster, they sued them out of existence. Then another network popped up. Then they sued it. Then another network popped up. These morons need to get with the program and realize that there's demand out the for electronically distributed music.

      If I could legally download music, from a site the fairly compensated the arist, I'd be all over it.

      I'm sorry, but I don't accept Napster et. al as a technology to which RIAA should have to adapt to. It's not a technical solution. If it's a technical anything, it's a short circuit. The labels behind RIAA spend billions of dollars a year promoting music so that people will listen and buy new CDs. No matter what you think of the need for this sort of promotion, both you and I know that the vast majority of the music that you're listening to is a product of such a system. Yet you claim don't need RIAA. Pfft. Distribution has not been the primary function of RIAA for some time. The real function that they serve and the function that Napster and all the other P2P services fail at miserably is to get people to buy new music.

      You want to prove that RIAA is no longer necessary? You find a mechanism that will get people to listen to new music and then buy it. It's one thing to get that 1% of users that have the time and the care to search out new music, but it's an entirely different deal to get the remaining 99% of users out there that are NOT active music listeners--most users listen passively. They will buy music they like if they hear it, but they

    9. Re:Oh BS by theLOUDroom · · Score: 1

      That said, you're being foolish. Since when does not offering exactly the service that you want give you the right to steal service? Who says even if RIAA were to deliver the "right" service for the "right" price that this piracy would stop? Or do you just set the price so ridiculously low that your time cannot possible be worth less?

      That's not what I said. I said they are "failing to satisfy market demand." There is a market for something. They could fill it. They choose not to. It's pretty clear cut in that regard.

      Just because the artist only gets a fraction of each CD sold in royalties does not mean the artist is getting ripped off. It's not like the only other cost is the cost of the CD and the packaging. What you're really paying for are all of RIAA's other services, especially the marketing for the artist you're listening to and the 9 other artists that never quite took off (not to mention talent scouts etc).

      Actually, yes it does. You clearly are not very familiar with the terms of your average record contract. Advertisment is at the artist's expense. Studio costs are too. The artists royalties are taken by the record company until they are paid back.

      Besides there are a lot of rich artists.

      Yeah, but most of them didn't get their money from the RIAA. The made money via live performance, endorsements, etc.

      None of this is to say that I like the characters behind the recording industry, but that your assertions do not really amount to a meaningful indictment--and certainly not justification of piracy. You think they're irrelevant? Fine, then prove it by not listening to RIAA's pirated music, it's only a very small portion of the music that you could theoretically listen to, right?

      First, I think the RIAA is becoming irrelevant, not recording artists. Big difference. As for "justification of piracy," I don't really think that would be constructive to argue. Next, not listening to RIAA owned music woundn't prove or disprove the necessity of the RIAA itself.

      You last two paragraps seem to indicate that you've totally missed my point: The RIAA has failed to provide a good alternative to Napster.

      RIAA only has a very small fraction of the music out there, so it shouldn't be too hard? Right??

      I never said that. I said some new artists are not signing with them. That still leaves 100 years of music that is still under copyright, and controlled exclusively by them.

      But no, you probably will claim that these technologies cannot be adapted to the intellectual property concerns of the industry. That's BS and I'm calling you on it.

      Holy crap, dude. Slow down. You've completely missed the point again. I'm saying: Internet distribution has the potential to put the RIAA out of business if they refuse to acknowledge it. Get it? Some other company could easily come along and offer better and cheaper music then the RIAA is producing, while actually compensating the artists fairly.



      Their behavior, their demonstrated intent to better enable piracy that constitutes the vast vast majority of their use and their absolute lack of focus on anything that would support noninfringing uses is obvious and detestable. That's why Napster and numerous others have died.

      Actually, I find the fact the the RIAA still deducts 10% for "breakage" detestible, but you probably don't even know what I'm talking about.

      --
      Life is too short to proofread.
    10. Re:Oh BS by Alphtoo · · Score: 1

      To FallLine: The music industry isn't irrevelant; the distribution system is. The $18.00 price of a CD is. I was "sharing" music off the radio thirty years ago. There was a great station in Atlanta that, every year, played the year's top 40 or 50 albums, in their entirety, no commercials during the album, just so we could record them. What the hell's the difference? Oh, and if you want to know exactly what the RIAA is doing to promote music, go to Janis Ian's website. She's written a lot of songs and a lot of articles. One of her articles deals with record companies, and their terrible treatment of artists. And she offers a lot of her songs as free MP3 downloads. Check it out.

    11. Re:Oh BS by FallLine · · Score: 1

      That's not what I said. I said they are "failing to satisfy market demand." There is a market for something. They could fill it. They choose not to. It's pretty clear cut in that regard.

      Well I'd say it's pretty clear that your implication is that Napster is justified and is only a problem because they're not delivering exactly what you want. Anyways- let's move on....it is not clear that RIAA can deliver what you think the market is demanding. For instance, given the cost structure of their intensive promotions, it is not necessarily true that they can substantially lower the prices of whole CDs or offer singles at reduces prices. Nor is it necessarily true that DRM-free distribution of mp3s and other electronic formats, in lieu of audio CDs, would not lead to an increase in piracy.

      Actually, yes it does. You clearly are not very familiar with the terms of your average record contract. Advertisment is at the artist's expense. Studio costs are too. The artists royalties are taken by the record company until they are paid back.

      No, I know this and having studied business and grown up around them I understand what it really means. Just because these expenses are theoretically taken out of the royalty checks of the artists does not mean that it is not RIAA that ultimately bears the billions of dollars in marketing and promotion costs. Who do you think pays for the majority of artists that fail who, nonetheles had millions of dollars spent to promote them? RIAA does, certainly not the artists who lack the means to even begin to cover the first 100k of the costs. Only if the artist is very successful do they even start to break even on their own promotions. RIAA is the one that is ultimately left holding the bag for all the artists that fall short and never make it up (the majority). What makes the industry work, what allows them to be profitable, is those few extremely popular artists, who offset the losses of all the others. They, not the artists, are the real risk takers. This is why even many of those widly successful artists seem make so little from their hits.

      I'm not saying it's a nice system, but it's unfair to pin the blame on RIAA for it. They're just a mechanism to cope with consumer behavior. If something else works better, then that's great, really. But I don't see any reason to kill the only entity, despite its flaws, that has managed to get people to buy music and thus create a livelyhood for numerous artists.

      Yeah, but most of them didn't get their money from the RIAA. The made money via live performance, endorsements, etc.

      Actually you're wrong. Live performance is not a money maker for most artists.

      First, I think the RIAA is becoming irrelevant, not recording artists. Big difference...Next, not listening to RIAA owned music woundn't prove or disprove the necessity of the RIAA itself.

      You're wrong, it is a very significant fact. The trouble with all of your assertions that RIAA is irrelevant is that it's merely conjecture. You assert that RIAA is irrelevant and yet, both you and I know, that almost all the music that you're listening to is owned by RIAA's labels. This is important because all of that RIAA owned music that you're listening to enjoyed millions of dollars of promotion efforts in almost every case. It is reasonable to suspect that RIAA played a key role. If you could point to a truly organic artist, that didn't depend on RIAA's millions, that truly created their popularity through P2P and other sources, that enjoys any sort of mainstream popularity, then you might at least have a scintilla of evidence to back up your case. But you don't, thus I think your case is weak. As for those RIAA artists, you can't just seperate them out from RIAA for your listening purposes, because they're a product of RIAA.

      I never said that. I said some

    12. Re:Oh BS by theLOUDroom · · Score: 1

      For instance, given the cost structure of their intensive promotions, it is not necessarily true that they can substantially lower the prices of whole CDs or offer singles at reduces prices.

      Again, the point is: They're going to have to change their business model, if they want to stay in business.

      You spend a lot of time talking about how much money they loose on promotions. Big deal. It's not written in stone somewhere that they have to do this. It's not even as if they've always done this, and it sure doesn't make me feel sorry for them. They make plenty of money, despite their cluelessness, as a result of their unfair contracts.

      Internet downloads have also been around for some time, before P2P...

      Yeah, but my 386 with its 40MB HDD just wasn't up to the task of storing a whole record collection.

      It is reasonable to suspect that RIAA played a key role. If you could point to a truly organic artist, that didn't depend on RIAA's millions, that truly created their popularity through P2P and other sources, that enjoys any sort of mainstream popularity, then you might at least have a scintilla of evidence to back up your case. But you don't, thus I think your case is weak.

      Bach, Mozart, etc. They are plenty of artists who have achived popularity outside the RIAA's oligopoly. You seem to think the only way that music will ever be created is if the RIAA exists to overpromote it. Here:
      http://independent-artists.com/


      --
      Life is too short to proofread.
    13. Re:Oh BS by Anonymous Coward · · Score: 0

      Read the comments written above. The RIAA is becoming obsolete because indie groups no longer need to go through them to publish music. The RIAA exists only as a method of distribution for major players in the entertainment industry. P2P and the internet has not only the potential, but is starting to replace them.

      Imagine, a band releases a few songs through P2P. The mp3's direct people to a website where they can purchase more. People start purchasing off the site (the site itself doesn't have to be runned by the band). Where does the RIAA fit into this equation? In a few years, there might not be a need for any centralized distribution agency such as the members of the RIAA. Everybody can promote and sell their music online. This is what they're afraid of, and this is why they're trying to stop P2P using the excuse that P2P promotes music piracy. They've lost that war, and now they're just trying to maximize their profits before this happens.

    14. Re:Oh BS by FallLine · · Score: 1
      Again, the point is: They're going to have to change their business model, if they want to stay in business.

      You spend a lot of time talking about how much money they loose on promotions. Big deal. It's not written in stone somewhere that they have to do this. It's not even as if they've always done this, and it sure doesn't make me feel sorry for them. They make plenty of money, despite their cluelessness, as a result of their unfair contracts.
      My point is NOT that it's written in stone, but that the alternatives need to be proven in the marketplace before RIAA can be taken for granted, before you can summarily execute an entire business model on the mere premise that RIAA is irrelevant now. What's more, I find many reasons NOT to believe these alternatives are viable. You have not really described how the new artists are supposed to profitably reach mainstream consumers. The internet may offer a complete solution to distribution, but no such obvious answer exists for the promotion. You merely assert that it's not necessary to spend millions to reach these audiences. How exactly? Even if you do have a theoretical answer, you still lack any substantial empirical evidence. There are hundreds of new major artists in the past, say, 4 years. Name one that has gone it alone. Why should I believe, if RIAA's business model was destroyed, that we'd still see new artists emerging anywhere (except for the fringe)? Why can't you just say, "OK, RIAA is what RIAA was, I'll just no longer buy RIAA, I'll buy the alternatives instead, but I'll respect RIAA's IP because it might offer some unique benefit"?

      If the thrust of your argument were merely that you wanted to start your own independent label or release your own art on P2P, then I'd say go for it. But you and I both know that your intent is to justify P2P's massive piracy. The difference between the two is that one is legitimate competition and the other is destructive. One works within the frame of the free markets, the other does not. Guess which one is which.

      Bach, Mozart, etc. They are plenty of artists who have achived popularity outside the RIAA's oligopoly. You seem to think the only way that music will ever be created is if the RIAA exists to overpromote it. Here:
      http://independent-artists.com/
      How absurd. While I love Bach and Mozart, you're comparing Apples and Oranges. There were but a handful of people that made a career out of music or reached mass popularity. They were not selling recorded music. Do you think consumers would be happy only being able to buy, say, 1 album a year or, worse, one every 5 years on average, because that's all that was worth it? They're totally different.
  152. Possibly... by GS11_Pus · · Score: 1

    This is Pete.

    This is the music that Pete illegally downloaded from the internet

    This is musician who performed the songs that Pete illegally downloaded.

    This is the money that the musician lost because Pete didn't pay $15 for a CD.

    This is the terrorist orginization that is angry at the United States for launching a war against Iraq because American musicians could not raise enough money to have enough rallies and protests to make a dent in the warmongering machine of the Vast Right Wing Conspiracy.

    I guess that's a stretch...

  153. IRC bot ban? by Kjella · · Score: 1

    I shudder to think on what legal basis the RIAA could be prohibited from doing this. If anything like that existed, it would probably be sweeping and be a threat to P2P and IM in general. However, the creator of the P2P software might be able to do something if it bugs enough users.

    Many IRC networks have specifically banned bots in their AUP. If the P2P clients have a similar clause, whatever scripting bot RIAA is using is also illegal. IANAL, yadda yadda...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  154. The IM... by Peterus7 · · Score: 2, Interesting
    ...warning that they were NOT anonymous and that they could face legal consequences if they did not stop sharing copyrighted material.

    I believe the IM went something like this:

    We are the RIAA. Big Rosen is watching. You will cease and desist or we will blow up your home planet using... umm... lawyers. EXTERMINATE! You have no chance to escape make your time. *Evil laugh*

    But seriously, what the hell do they think they're pulling on this one? A mass lawsuit to all who use Kazaa? Now that would be funny... Or maybe they're going to try to shut down Kazaa through mass scare tactics, hacking, and mass poisonings of the networks. Don't they get an idea? They really need to get a clue and realize that if they don't stop they will go under within months.

  155. Re:It comes from drug cartels in Mexico and Latin by Anonymous Coward · · Score: 0

    What's left of rural America would vanish overnight if we were as successful at eradicating marijuana farms as the Taliban were at eradicating opium production.

    What kind of fucked-up fantasy world do you live in? There are no rolling hills of pot plants in our nation's heartland. There are a few rednecks who have window boxes, or who keep fields back in the woods behind their houses. When these people are caught, as they always are because by definition nobody but an idiot would do such a thing, they are put in jail where they are brutally ass-raped for a decade or more. Pot is not a "cash crop." It's a fucking plague, one that we're doing a really good job of wiping from the face of the earth. Assholes like you are making it harder, though. Maybe we need to start putting people like YOU, people who think drugs are okay and who admire the fucking Taliban for chrissakes behind bars where YOU can be brutally ass-raped for a decade or more.

    And I'll be first in line, man, because you got a PRETTY ass.

  156. This comment is a copyright violation !! by AftanGustur · · Score: 1


    I downloaded American Life about 6 times and each one was the actual song.

    Try this one.

    (Yes, I know you were joking :-)

    --
    echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
  157. Can you Sue the RIAA for SPAMMING? by greymond · · Score: 1

    Just out of curiosity could you sue the RIAA fo spamming you IF you were not in violation of their BS?

    For example lets say you bought the CD "Madonna - Raps Like Shit" and lets say you are not the most computer savy person so instead of ripping your own mp3s you downloaded (using Kazaa) the CD so you could listen to it on your Laptop and not have to worry about carrying the CD with you all over the place.

    Now assuming that you are not the most tech savy person and left your Kazaa settings on the default (which if it's anything like the other P2P's i've tried shares your dload directory by default) you are sharing the files and so the RIAA sends you a message saying "Bad Monkey You DIE" or whatever....

    Can you count that as a spam? or a harrassment? maybe seak retribution in a legal setting? In other words could you sue them for harrassment or spamming you?

  158. Not True by BKX · · Score: 1

    I just had a buddy get off after a cop solicited him for drugs and sold them to the cop. You see, if a cop initiates the deal (whether, its bying or selling), then its entrapment. If a perpetrator initiates a deal then it's against the law.

    1. Re:Not True by enkidu55 · · Score: 1

      Ahh so then how can police have sting operations whereby they have prostitutes dressed up as cops soliciting sex. I mean that would violate that rule wouldn't it. Don't get me wrong I agree with you but I was just wondering if there were any "loopholes" that were available that either we as users or the RIAA as the prosecutor could use to circumvent entrapment laws. IANAL so I really don't know much about the environment here.

  159. Sounds like wishful thinking by mccrew · · Score: 1
    Make your own record company that sells hour-long, $5 CDs, and have $1 (or more) of each sale go to the artist. No copy protection is really needed, because 99% of people will just buy the CD.

    Interesting assertion. Pardon the pun, but I just don't buy your full argument.

    I would tend to agree that consumers would be interested in CDs that were lower in cost. I feel pretty confident to say that consumers don't really care all that much about how much of the purchase price goes to the artist.

    As for the 99% conjecture, which is certainly optimistic, I would say that the consumers fall into two camps:

    Those who would buy CDs anyway

    Tech-savvy folks who will continue to use their home/school/work broadband connection to get music for free

    The goal is to expand the first group, and lowering prices would work toward that end. But 99%? No way. I highly doubt that those who download copyrighted material, and try to "justify" it by saying that they are only ripping off the evil obsolete music executives ("because artist isn't getting paid anyway"), will not be moved to suddenly paying.

    --
    Hey, Windows users, there is no such thing as "forward" slash, there is only slash and backslash.
    1. Re:Sounds like wishful thinking by evilviper · · Score: 1
      I highly doubt that those who download copyrighted material, and try to "justify" it by saying that they are only ripping off the evil obsolete music executives ("because artist isn't getting paid anyway"), will not be moved to suddenly paying.

      That's the point... They couldn't justify it that way, because the evil activities RIAA is known for would not be happening with this new label.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  160. Anyone still boycotting? by Anonymous Coward · · Score: 2, Informative

    It's fairly easy, once you have a few tricks up your sleeve.

    1) Buy used CDs if you *need* something by an RIAA label. Essentially the same as downloading, since no one but the store gets your money. The RIAA actually tried to condemn this at one point in time, but they were taunted mercilessly and began to cry.

    2) Buy import CDs. A little more dubious, because many of the big guys are international comglomerates. Still, I feel it's safe to assume that the views of Sony Music USA's are not those of Sony Music Japan's.

    Indie CDs are still a good choice. So is MP3.com, although it's become a little harder to find quality music there.

  161. Rip Vs DL by jez_f · · Score: 1

    I own lots of CDs, my PC takes ages to rip and encode them. Is it still fair use for me to download them from someone else? I think so??
    It is not a very common legitimate use of p2p but it is still there.
    If I run with this for a while...
    If you work on the assumption of innocent until proven guilty I could assume that anyone who DLs from me must have a legitimate copy that they can't burn (especially if it came from a copy protected CD as these can vary with the territory). I have not seen their guilt proven; nobody has told me that they don't have a copy so why should I restrict their fair use.
    Now if the RIAA came to me and gave me a list of people who didn't own copies of a song (as proven in a court of law) I would be duty bound to stop them otherwise I would aiding and abetting them in a criminal act. I have not received such a list so why should I stop sharing. The Law assumes people are innocent so why shouldn't I??
    All IMHO, etc.

  162. Why Don't we collect and publish their IPs? by BKX · · Score: 1

    Seriously, I'm sure the RIAA is doing most of this shit from their own networks with their own IP addresses. Just like that bullshit where they pollute p2p networks by putting out fake mp3s and trojan installers. On gnutella I've noticed that most of this shit comes from only a handfull of IPs all on the same network. I now have those IPs blocked because that network also appears to have a number non-Bullshit-RIAA clients on it to. If I webserver space, I would start hosting this list. Unfortunately, I don't (I also have no idea how to set up such a website, with all the scripts and whatnot that you would need to automate such an undertaking). Does anyone else want to try?

  163. Re: RIAA warning that they were NOT anonymous by apankrat · · Score: 1

    The RIAA is doing this out of utter desparation.

    I hope you're right, though it is unlikely. They are basically saying 'we are watching you' and this makes many people uncomfortable at least.

    Quite obviously the next step for p2p swapping networks would be to add an anonymity. There are many ways to do it - to create virtual network like X-bone does or to convert indivdual nodes to the proxies or something else. And as pipes are getting fatter, an overhead of overlaying custom p2p topologies over Internet will no longer create any performance or scalability issues. The technology is not a rocket sience, it's already here and once end-users are diverted away from existing p2p networks - watch them switch to new ones. That's basics of the evolution :)

    --
    3.243F6A8885A308D313
  164. Traceability? by DarwinDan · · Score: 1
    Traceable...to a very loose association with an individual.

    One could argue that the owner of the account is responsible, but what happens when there is a WAP that someome has hacked into* has their fat pipe 0wn3d by a neighborhood script kiddie? Who is legally responsible in this situation?

    *this is assuming that all appropriate security precautions (WEP, SSID blocking, MAC ACL) have been taken


    --
    $DEITY bless $NATION
  165. Lawsuit by AKAJack · · Score: 1

    What if you "bragging rights" consist of a multimillion dollar lawsuit for copyright infringement?

  166. A Different Opinion by Aidtopia · · Score: 2, Insightful

    Perhaps I don't belong on slashdot. I seem to have a different opinion than most of you. This is not intended as flamebait or a troll.

    The RIAA sending instant messages to the song-swappers is a clever idea. Song swapping is illegal. I'll agree that the DMCA is an evil law, but I see value in the traditional concepts of copyright as did the framers of the Constitution.

    If you're a song-swapper because you feel it's a form of civil disobedience--a protest against the the music industry or IP law--fine. I think it's a horrible approach, since it merely arms the RIAA lobbyists with amunition to push through more crap like the DMCA.

    It's important to realize that many, many people who are downloading "free" music on the Internet are not part of the civil disobedience movement. They just want music without paying for it. I'd guess that decribes the vast majority of participants. When confronted with the ethics of it, they may "join" the movement, but in many cases, that's just rationalization to continue grabbing tunes for free.

    I know (personally) only half a dozen people who use song swapping services, from pre-teens to older, educated adults. None of them recognized that what they were doing was illegal. They honestly thought that music on the Internet was free. I think it's safe to assume that many participants are in the same boat. The RIAA found a creative way to inform people that what they're doing is illegal.

    (I don't know how well the RIAA messages were targetted.)

    The RIAA is an organization that represents an industry. It's their job to protect the interests of that industry. I'm sure they honestly believe that the explosion of rampant piracy is the primary cause of the downturn in the industry. From an industry point of view, peer-to-peer infringement was an overnight occurence. There was no warning. There was no chance to evolve the business models. And the threat is a consequence of illegal activity. You have to expect them to use everything they can to fight it. If you were falsely accused of a crime and your lawyer could get the charge thrown out on a technicality, you'd insist on it. If the EFF managed to use the DMCA against privacy invaders, we'd all cheer. The RIAA is looking for every weapon they can find.

    And the civilly disobedient members of the song-swap movement are helping to arm them. They increase the infringement numbers, which is exactly the exuse the RIAA needs to justify dropping industry revenue. (You can argue that the drop is due to other causes, and you might be right, but it's not provable. Congress and the courts are likely to believe the industry experts who can show that since 60 million Americans started downloading music on the Internet, revenues have dropped by billions.)

    If you think the music industry treats artists badly, then boycott them, or write editorials, or organize a picket. If you think the industry is near-monopolistic and engaged in price-fixing, then dig up the dirt and get the trust-busters after them. If you think indies get the short end of the stick in this industry, then support your local indies. But don't delude yourself into thinking that downloading music without paying is going to further your principles.

  167. Madonna Uses IM Too Piss Off Fans!!! by webzombie · · Score: 1

    Madonna has been madly seeding the trading networks with her own bogus file that looks like a song but is actually her swearing and berating her fans which should do wonders for her most recent CD.

    If trading these songs is illegal. Then planting MP3 and trojan bombs on personal PC isn't exactly by the book either! Hasn't the RIAA been doing that too.

    I think the business model has to be changed by music and movie industry alike. Consumers will not continue to shell out $25 for a CD will 1 maybe 2 good songs no more then $30 for a DVD movie that has already made gazillions at the theatres.

    If these two industries would get their collective heads out of their asses they'd see the HUGE potential these networks and other emerging technologies have to add to their profits.

    Calling your customers thieves and slapping them with law suits won't win them any new customers, grammies or oscars for that matter! :-)

    And that's where M@'S @!

  168. Another solution... by Archfeld · · Score: 1

    Verizon could solve this problem easily, BY JUST BLACKHOLING THE LOGS after say a 2 hour retention of maybe even 4 hours, or drop the identifying pieces from the logs and keep the clean data if they wanted, then they could happily roll over for the RIAA like a good company and still 'protect' their customers. I've yet to see anywhere that REQUIRES you to keep this kind of information, and you can't turn over what you don't have...

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:Another solution... by bofkentucky · · Score: 1

      Yeah, but you want that info in case a real warrant comes through for a kiddie pornographer, death threats against the president, terrorist threats, etc.

      --
      09f911029d74e35bd84156c5635688c0
    2. Re:Another solution... by geekee · · Score: 1

      That's a great idea. They should destroy evidence, just like when Enron's accounting firm shredded their documents.

      --
      Vote for Pedro
    3. Re:Another solution... by Archfeld · · Score: 1

      How is it evidence if it hasn't be called into court ? It is just GB's of data that the company is choosing to store. My question is does the possible benefit to the COMPANY outweigh the cost of storage, and the POTENTIAL cost in liability...anyone recall a REALLY OLD email at netscape that surfaced ?? I wonder what the final $$$ value attributed to that gem was :)

      If the records are already the subject of a court inquiry then to destroy them would be illegal.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  169. The Legal Process by cj_goth · · Score: 1

    The picture you paint seems all-too-true of what happens to the "little guy" in courtrooms around the world in these times. But every now and then, cases such as the McLibel trail come along, and we see what can happen when a big Corp pushes the law too far.

    It takes a lot of courage to stand up to Big Business, but people have to sometimes, despite it being a terrifying prospect.

    --


    -- now where did I put that .sig
  170. So... by Anonymous Coward · · Score: 0

    Then in THIS case, why don't the software writers enhance the anonymousness (?) of the users of their software to the point that not even the writers can find out who they are? I'm thinking CDC-style anonymity. That'll kill the beast right quick.

  171. How did they spam everyone? by Anonymous Coward · · Score: 0

    How many users did they spam? It seems to me the RIAA is guilty of spamming a network and should get their connection taken away.

    Also how did they spam that many users at once? Did they reverse engineer kazaa to see the people using trading files online? and then using some program to send messages to those people?
    Did they violate the DMCA to do this?

  172. no wonder they are losing money by laugau · · Score: 1

    Their sales probably haven't really dipped, they are just shelling out more dough to lawyers and kazaa users which is cutting into their bottom line.

    So, if they set up a honeypot to catch people downloading from THEIR servers, could they do anything? I mean, THEY own the license and THEY are distributing.... and if they hire someone to trap you, aren't you downloading from their licensed distributor?

    I mean, it's not like the police catching drug dealers, the police don't sell the drugs, they just ACT like they are.

    Seems a much more difficult thing with IP. You would have to outlaw owning digital music to narc people.

  173. Why do we care about the recording industry? by no_code_charlie · · Score: 1

    "It's time we found a way to ensure that artists get paid without killing off this tremendous new technology." - EFF Executive Director Shari Steele I think its time we (the people; our government) stopped going out of our way to protect/preserve the recording industry by artificial means such as the DMCA, proposed DRM hardware laws, etc. It seems to me that technological advances have rendered/are rendering the business of selling phonorecords unenable as a practical matter (information "wanting" to be free and all). Would we feel sorry and expect that extraordinary law enforcement resources be spent for the protection for car dealers who were going out of business because they stored their inventories in insecure areas with the keys in the ignitions? And so what if the recording industry as we know it disappears completey? Why should *America* care? If recording artists and record company executives had to change careers and start digging ditches or serving hamburgers, why would that be necessarily bad for our economy? If record buyers instead bought computer hardware or simply saved their money, how would that be bad? If Cunt Rosen had to defend drunk drivers for a living, how would that be bad? There is nothing inherently valuabe or important in any of the products or services that the RIAA's members provide. Indeed, the commercial viability of their wares derives and depends on an artificiality - copyright law. I say fuck 'em, let 'em die. We'll all get along just fine.

  174. Stupidity by Ogerman · · Score: 1

    Until all music is distributed freely by artists or by artist-owned "labels", we're going to keep seeing this nonsense. And no, Apple's joke of a music service won't cut it. There is simply no room for distribution middlemen in a digital society.

    Until then, boycott all RIAA music--including concerts. Artists need to learn that it is in their best interests to never sign a label contract. Support only artists who go the independent route. It's best for the artist. It's best for the consumer.

  175. Cute but not plausible. by Pendersempai · · Score: 2, Insightful

    Nice try, but the plausible deniability goes right out the window the minute they subpoena your hard drive and find all of those illicit mp3s in your playlists. Logging the transfers gives them the probable cause they'd need to get a warrant.

    And then come the perjury charges... you think copyright infrigement is a serious offense?

  176. You may wish to change a bit of your post... by Mashiki · · Score: 1

    "As the law stands though, downloading music from p2p IS ILLEGAL."

    The revised version should read:
    "As the law stands though, downloading some music from p2p IS ILLEGAL."

    --
    Om, nomnomnom...
  177. The DMCA says otherwise :( by moyix · · Score: 1

    Section 512 (h) of the DMCA states that a copyright holder can ask for a subpoena from a service provider in order to identify the person they believe is infringing copyright. They essentially only need to provide:


    1. A copy of the takedown notice that they sent to the service provider as per section 512 (c)(3).
    2. A proposed subpoena.
    3. A statement that the information will only be used to protect the holder's rights under copyright.

    It seems that the RIAA would have no problem satisfying these three requirements... yet another reason why the DMCA is not such a good law :P


    -Brendan

    1. Re:The DMCA says otherwise :( by bofkentucky · · Score: 1

      I contend that the law is unconstitutional, they have to get a warrant to get at your banking transactions, medical records (and most of those are completely inadmissable), and even your purchases at Blockbuster or Netflix, why is my 17.95/mo to my ISP any different.

      --
      09f911029d74e35bd84156c5635688c0
  178. No irony here. by Pendersempai · · Score: 1

    In previous suits, the RIAA has said things to the tune of: "Since you didn't own copyright to this and my computer made a copy, regardless of whether or not I own copyright, the file isn't legally mine."

    1. They have never said that. They've never said anthing even similar. Show me a cited quotation.
    2. It is not a violation to copy content for which you own the copyright ever. Even if the person who made that copy infringed on your copyright when they did it, it's impossible to infringe on a copyright that you OWN.
    3. What they actually SAID in their IM is "It appears that you are offering copyrighted music to others from your computer." What they said is completely true: it DOES appear that you are offering copyrighted music. Can I imagine a universe where an mp3's title usually doesn't match its contents? Sure, but WE DON'T LIFE IN THAT UNIVERSE.
  179. RIAA has it backwards by baomike · · Score: 1

    They should be talking to the people who are not downloading songs and find out why.

  180. More Irony by AaronPSU79 · · Score: 1

    The RIAA routinely hosts bogus mp3's on kazaa. You think you're downloading a new madonna song when what you really get is a loop of her saying "what the fuck are you thinking?". Now I would imagine a lot of these same people that got duped are going to be getting warning's from the RIAA for "hosting copyrighted material" since the file names correspond with copyrighted songs. It's amusing anyway, download a phony from the RIAA and 5 minutes later they're spamming you with warnings for having copyrighted songs on you computer.

  181. can't have it by Archfeld · · Score: 2, Insightful

    both ways...either you provide the means but assume no responsibility for the content, ala online forumn boards, or you own and are responsible FOR EVERYTHING...give an inch, taken a mile. While I am not advocating kiddie porn, presidential death threats or terrorism in any form, you can't really moderate some with out moderating all.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:can't have it by bofkentucky · · Score: 1

      All I'm saying is make the RIAA get a real warrant like any other investigation team, fed, state or local, not a subpeona or a promise to get a subpeona from a district court clerk.

      --
      09f911029d74e35bd84156c5635688c0
    2. Re:can't have it by Archfeld · · Score: 1

      I totally agree with you...the whole thing is an end around, why should they get special treatment when the means for judicial relief already exist,
      I was just pointing out a means for the ISP's to get out from under the real teeth of the issue, not the best answer, or really even feasible :)

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
  182. Which is it? by FallLine · · Score: 1
    Recall that RIAA didn't appear in 2 years, nor did it generate its power over that time. It took decades for that power and exploitation system to arise.

    Here are [bearshare.com] some that are getting noticed, through p2p.

    Generally, they do not have to pay a massive price (through lost profits, etc) for recognition and distribution of their music. It seems to be working QUITE well for them, as well!

    Check them out here! [bearshare.com]
    You don't need to be size of RIAA's collecive group of labels to demonstrate P2P's potential viability. You just need to demonstrate that you're a significant machine for promotion of artists.

    That said, what does your example demonstrate? Ok, so you have some artists on your webpage, but that's not P2P promotion or even distribution. That's putting ads on a page that is frequented occassionally by a bunch of people--it can't scale. How much have these artists grossed? How many CDs have they sold? How many artists can make these claims? Have any of them ever sold out a large venue? Can they really point to P2P being the engine for their (limited) success? Why should RIAA be afraid? Perhaps I'm just skeptical about the motivations of Bearshare, but it looks to me like they're putting some lesser known artists up to give them the appearance of legitmacy--that they provide some unique benefit. The real test is in P2P to serve as a replacement for RIAA. Even if this sort of P2P does provide some significant benefit for said artists (which I doubt) it does not necessarily offer an alternative for major artists. For instance, it is quite possible that this form of P2P may boost CD sales for lesser known bands (due to its alleged ability to promote), but substantially damage better known artists (due to its ability to provide easy access to popular pirated material).
  183. Take the first step. by death+to+hanzosan · · Score: 1

    Help combat monopolies at home by boycotting them. Start with the power monopoly. Unplug your computer immediately and stop using that monopolistic swine electricity.

  184. Weed ads by Anonymous Coward · · Score: 0

    > Oh and those US weed ads suck.

    No kidding, man, the Canadian ones are way better:

    "Got munchies?"

  185. Called a pussy in 2 of 2 responses by Sarcasmooo! · · Score: 1

    I feel I've somehow been vindicated.

  186. Earthstation5 by Anonymous Coward · · Score: 0

    Earthstation, currently in final beta, to be released in 2 weeks, has all these features and more.

    It uses SSL for uploads and downloads to prevent eavesdropping.

    It supports use of proxies for both downloading AND sharing so you can share files without the downloader knowing your ip address.

    It integrates with PGP disk so you can keep all your media files on a virtual encrypted disk drive (for example X:)

    Its search protocol is encrypted UDP which it bounces between nodes to obscure ip addresses. This also allows much more efficient "direct-to-supernode-queries" instead of the terribly wasteful use of TCP which takes 7 packets for a "transaction" type request (SYN, SYNACK, ACK, REQUEST, RESPONSE, FIN, FINACK), or channels requests/responses back through the latticework multiplying traffic very wastefully.

    It is decentralized and requires no user identity (unless you want to use the dating system where you can provide a hotmail address for others to contact you for dating purposes).

    It has no license.

    It is based in Palestine where there are no copyright laws.

    1. Re:Earthstation5 by Anonymous Coward · · Score: 0
      It is based in Palestine where there are no copyright laws.
      Or any other laws for that matter...
  187. I am gonna getcha by Bugmaster · · Score: 1
    Ha ! By reading this comment, you fell into my wily trap. My super-secret psi-enhanced biometrics software automatically records the name, address, height, weight, blood type and sexual preference of anyone who reads this comment. Yes, especially you. Better watch out, because I know where you live.

    Seriously, whom does RIAA think that it's kidding ? At most, they can extract a user's IP address. The user will then hang up his modem, redial, and never get assigned that address again. And don't even get me started on NATs...

    What happened to RIAA ? Why are they using these last-ditch scare tactics all of the sudden ? Did they run out of money for lawyers ?

    --
    >|<*:=
  188. RIAA in Violation of Kazaa EULA by mindnumb · · Score: 1

    Naughty RIAA! Tsk, tsk tsk... From the Kazaa EULA (http://www.kazaa.com/us/terms.htm) What you can't do under this Licence You agree not to use the Software to: 2.1 Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2.11 Monitor traffic or make search requests in order to accumulate information about individual users; 2.12 "Stalk" or otherwise harass another; 2.14 Collect or store personal data about other users.

  189. RIAA LEADS THE WAY! by Gridpoet · · Score: 1

    in a hallmark new decision today, the RIAA lead the way in a new and advanced customer realtaions protocal. "The Customer is ALWAYS wrong!" and "you'll buy our products and LIKE IT!"

    --

    -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
    This is MY galaxy...go find your OWN!

  190. FSCK THIS by Blue+Stone · · Score: 1
    I'm going to re-name myself RIAA@KaZaA, and send messages to people saying;

    "We at the RIAA, think you're doing a great job promoting our artists to people who would otherwise be unaware of them due to stifled radio playlists. Keep up the good work.

    "PS. There is another kazaa user pretending to be the RIAA saying things about illegally sharing files, ignore him. He's a troll."

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  191. How the IM went... by Kaz+Riprock · · Score: 1

    RIAAD00D: It appears that you are offering copyrighted music to others from your computer. ...When you break the law, you risk legal penalties. There is a simple way to avoid that risk: DON'T STEAL MUSIC either by offering it to others to copy or downloading it on a 'file-sharing' system like this. When you offer music on these systems, you are not anonymous and you can easily be identified.

    KazRiprock: You got the new Britney Spears??

    RIAAD00D: Yeah, is your copy of Quake3Arena working...s/n?

    KazRiprock: Of course! You want it?

    RIAAD00D: Cool, thanks! But just take your music offline, okay?

    KazRiprock: Sure, whatever...

    --
    Mordor...a magical, mythical land where women are more rare than dragons--but where every man would rather find a dragon
  192. Sure it is the RIAA? by ToKsUri · · Score: 1

    I've heard too many stupid things been done by the RIIA. Though they seem quite stupid, i dont actually think they really do some of them. This sounds to me to be more likely anyone but the RIAA itself. IMHO.

  193. So what happens if I tell them to stop? by djk001 · · Score: 1

    Ok so the RIAA sends me an IM. I reply with "You are to no longer contact me." and they send me another IM. Can I get the FBI to throw them in jail for Threat by Communication or some other Wire Fraud Act section?

    --
    The thing I like most about this job is all the rocket scientists who bang their mice on their desks shouting 'It Broke!
  194. Have you even used it? by Anonymous Coward · · Score: 0
    Well, when they implement searching or a decent indexing service (like ShareReactor for eDonkey), then I'll switch over. Until then, it's fairly useless.
    If you had used Freenet before passing judgement you would know that there are several Freenet Indexes which fulfill a similar purpose to ShareReactor.
  195. Wrong by Anonymous Coward · · Score: 0
    Freenet is still suseptable to a man-in-the-middle attack. Your ISP could log everything you insert.
    Wrong - all inter-node traffic in Freenet is encrypted.
    Also, it won't protect you from your own software. For example if you publish a word document with your name and LAN address embedded in it, you've pretty much given up your privacy.
    Oh come on, what do you expect them to rewrite your whole operating system to protect you from yourself?
  196. FEC by Anonymous Coward · · Score: 0

    I also think splitfiles are fairly meaningless unless you get all of them.
    FEC. 50% redundancy.

  197. Re:FreeNet Kaffe by Anonymous Coward · · Score: 0
    I guess I must have not been running it on stock Kaffe for the past 7 months then.

    To be fair though, IIRC, you have to change the start-freenet.sh to fix up the command-line arguments. Sun JVM uses -cp for classpath whereas Kaffe wants -add-cp or something like that? It's not too bad anyway.

  198. neither songs nor music is being downloaded by brre · · Score: 1
    I'm surprised at the number of /. folks who are getting this wrong. Music is not being downloaded, nor can it be. Same with songs. What's being downloaded are recordings.

    If you're confused on the difference, ask yourself if you get a human when you download porn. Or if you get your dead relatives back when you look at pictures of them.

    The RIAA is protecting recordings, by use of copyrights on recordings. There's usually a copyright on the music as well, and that's not at issue here -- which is another example of the difference. You're not in violation of a music copyright when you download a recording. You're in violation of a music copyright when, say, you make a recording of yourself singing "Graceland" and sell your recording without paying Paul Simon.

    Some /. folks have alluded to this difference when pointing out that it's perfectly legal to make recordings of your own original music and make those recordings available for download and free sharing. Yes, it is. If you own it, you can give it away.

    Now (as we all know) the vast majority of activity in question is not musicians giving away recordings of their own original music. The vast majority of what we're talking about here is people making copies of recordings copyrighted by someone else.

    Another way of highlighting the difference: music that has fallen into the public domain; recordings of it are still subject to copyright. For example, Verdi's works have fallen into the public domain, but if Pavoratti makes a recording of him singing a Verdi song, Pavoratti will no doubt exercise his right to copyright that recording.

    So: we are not talking about song swapping at all here, there is no song swapping happening here, nor can there be; RIAA is not against song swapping, even though it says it is; no music has been downloaded nor can it be.

    If we were really talking about song swapping, we could be talking about, I'll sing you a song, and you'll sing me one.

    Now, why has RIAA gotten this so consistently and completely wrong? Along with everyone else?

    My theory is, the recording industry consciously sought to redefine itself as the music industry, in an attempt to convince people that the sole or primary source of music was copyrighted recordings, as if those records were music.

    Now if this was the plan, it has been notably successful. Most people speak and act as if it were true.

    But it is not true. In fact, music is what happens when a musician plays or sings. A recording is a great way to capture some of that -- but it is not music. Music is different every time; the same song will not be the same every time it's sung or played. By contrast a recording seeks to do the exact opposite: be identical every time it's played back. Recordings are a great thing, but are not music. Photos are great but they're not the people photographed.

    I for one am tired of hearing the constant mistake being repeated "song swapping" and "music sharing". You want to share music, get up and make some! You want to make copies of recordings of someone else's music, that's different.

  199. Why should there be reform? by chrysops · · Score: 1

    Sharing files that don't belong to you is illegal, and should stay that way. Simply because it is difficult to enforce, or because people enjoy doing it is not sufficient reason.
    If an artist wants to give away their product, that's cool, but the choice should belong to them, not to some cheapskate punk who won't pony up $15 for a CD.
    Do you think that if these guys stop making money on their products that there will be anything to share?? The only thing that will be out there are crappy bootlegs of live shows, 'cause decent quality live recordings, not to mention studio releases, won't make it to the shelves - no money for distributors or the artists in selling 1/10 the normal copies and sharers undercutting the rest.

    --
    Mike VA
  200. Multimedia PC's? by nurb432 · · Score: 1

    My pc was advertised that I could rip/mix music cds and videos.. I based my purchase on this advertisement. On the TV commercial it didn't even mention other features or functions that my pc *might* be capable of. I guess running 'productivity software' was just a bonus.

    My internet service specifically states that I can 'download music in seconds'.

    Does this mean my pc AND service are both 'marketed for the primary purpose of' ?

    --
    ---- Booth was a patriot ----
  201. Prove it by Geekbot · · Score: 1

    What I'd do if sued:
    1.Install unsecured wireless access point anonymously so there is no record of the date purchased. Anyone could have had access to my system, your honor.
    2.Start trying to collect physical CD's for most of the songs found on my computer in order to claim an existing license and those other CD's just got lost scratched and I lost the CD cases and I was just trying to restore my collection that I legally purchase.
    3.Start installing a plethora of trojans. It wasn't me, I'm the victim of script kiddies.
    4.Claim that there was just an error in the extension naming of some files that were really just a database of songs I wanted to buy in the future.
    5.Insist that most of the mp3's were mislabeled, not really copywrited songs, and demand that the court listen to every single god damned fucking awful repetitive piece of shit song to verify that they are all songs that is covered by copywrite and under the RIAA umbrella.
    6.Drag out court case with hilarious antics, serve an unreasonable prison term, make fortune with t-shirts, books, and guest speaking lectures.
    7.Point to American Idol to prove that American Music Industry as it exists is completely evil and bereft of value and must be burned to the ground, salt the earth, and burn American Idol judge Simon at the stake while forcing him to listen to poorly sung country songs.

  202. Re:Another kind of swapper by Anonymous Coward · · Score: 0

    I'm horny..excuse me while I rub one out...