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Grokster's President Talks About Court Win

An anonymous reader writes "Now that the Morpheus/Grokster trial is over, the heads of the various P2P services are hoisting their glasses in triumph. Ciarán Tannam interviews Grokster President Wayne Rosso to get his two cents on the verdict. Xolox also applauded the ruling and posted this release. Of course, it aint over yet as the RIAA has vowed appeal."

19 of 135 comments (clear)

  1. Congrats! by Blaine+Hilton · · Score: 1, Insightful
    I for one would like to say congratulations. However I'm afraid more of these suits are going to be occurring as time goes on.

    Its good to hear some good news on the news at least sometimes.

    Go calculate something

  2. apple music by minus_273 · · Score: 3, Insightful

    given that the labels are starting to play smart like the apple music service, i dont see this as lasting very long. expect a court to squash this decision soon.
    face it people, the best justification for free mp3 sharing was that there was no alternative. people said they would pay if they could.. if it was reasonable.. well no it is and you can.
    I expect the MPAA and RIAA to win this one

    --
    The war with islam is a war on the beast
    The war on terror is a war for peace
    1. Re:apple music by Smegoid · · Score: 2, Insightful

      Reasonable is stretching it. The thing about some p2p apps, and soulseek in particular, is they're community and occasionally genre orientated. And for someone into any kind of non commercial music -in my case minimal techno and IDM but the argument could be made for indie punk, shoegazer, all female banjoe and kazoo bands, whatever; Apple music or any of it's soon to crop up brethren are not going to stock the kinds of music I want to listen to. Ever. It's extended top 40's for the college crowd with oodles of nostalgia rock. I'd be willing to pay, but the labels I enjoy don't have the infrastructure, the funds and let's face it, they don't have the market share to make it worth their while. Still I wouldn't be suprised if smaller labels set something similar up on their own, perphaps a distributor like Distribution Fusion in Canada or Force in Europe will do it for all the small labels. But certainly not Apple Music, MSN Muzak nor Warner's Musical Shiznitzes.

    2. Re:apple music by ninewands · · Score: 4, Insightful
      Quoth the poster:
      A file sharer has noway to know if my copying an mp3 to my computer is legal or not.

      Incorrect, grasshopper ... the "piracy" does not occur when you download a file you have no legal right to possess ... the "piracy" occurs when the "file-sharer" serves the file out to the 'net. The act of infringement is complete when the file is offered because the right that is infringed is the right to distribute the work.

      Understand this and understand it well. It is NOT illegal to download a file from a P2P network. It MAY be illegal for you to possess the file if it is a copyrighted work that you have no other legal basis for owning. If you have a paid-for CD that includes the track in question, you have done nothing wrong by DLing a copy from the 'net for your personal use, although it would be a little more sanitary, from a legal perspective, if you had ripped and encoded that mp3 yourself. It is NOT illegal to "Rip, Mix & Burn" ((C)Apple Computer, 2002) for your OWN use! It IS illegal for you to serve out files over a P2P network and it IS illegal for you to "Rip, Mix & Burn" ((C)Apple Computer, 2002) and give the CD-R to someone else, because you are DISTRIBUTING the work in violation of the copyright.
    3. Re:apple music by dcw3 · · Score: 2, Insightful

      Please correct me if I'm wrong, but if I have an mp3 in a directory that happens to be *available*, and someone decides to download it, I didn't distribute anything...the other person took it. If I rip my CD collection to that directory, am I distributing it???...No! The fact that it's the same directory I use for other P2P stuff, shouldn't matter.

      One question for anyone who knows the rules...if I own the CDs, and rip the songs I like to make my own favorite songs CDs, am I in technical violation of the copyright since I purchased the music?

      --
      Just another day in Paradise
  3. Interesting... by Sheetrock · · Score: 5, Insightful
    I kind of like the idea (mentioned in the first link) of blanket compulsory licensing for Internet media. It sounds like something that could open up new markets in content delivery while ensuring that the artists get paid, which is a win-win, while allowing both the industry and music listeners to benefit from a wider selection of music to pick from and instantaneously purchase.

    But I figure this will end up like the MPAA vs. VCR. Fight the technology tooth and nail until you realize it's another way of getting fistfuls of cash shoved in your general direction.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:Interesting... by eddie+can+read · · Score: 3, Insightful

      Not sure what you mean by "blanket compulsory licensing for Internet media", but if you mean everyone who uses the Internet pays into a common fund, and then this fund somehow gets distributed among content producers, that won't be a market arrangement, so it can't "open up new markets". A market arrangement requires independent buyers and independent sellers, and it requires that every participant has the choice to buy or sell to a particular other participant, or not. What you're describing is an Internet tax, fees pooled into some common pool administered by some central decisionmaking body, and a dole distributed by this body - essentially welfare.

  4. Re:promises by Goldberg's+Pants · · Score: 2, Insightful

    They will appeal and appeal and appeal until they can buy the right judge, then they'll win.

    This is a glitch at best for the RIAA.

    Find it funny that Rosen is being bought in to write the intellectual property laws in the "new" Iraq. (Meet the new boss, same as the old boss...)

  5. The court is wrong by Anonymous Coward · · Score: 0, Insightful

    This ruling goes against the spirit of the DMCA, NET act, and other laws which where enacted to curtail illegal activities. Unregulated "P2P" is used primarily for criminal purposes and needs to be promptly outlawed.

    The government needs to send a strong message to college students and kids who use these criminal tools. They need to do hard time in prison for at least ten years for posessing these criminal enabling tools.

    The same reasoning holds true for banning guns. The government has the job of governing as it sees fit and the people who are governed have no right to resist. If they do then they are criminals and terrorists. This is why Waco, TX and Ruby Ridge are justifiable and morally proper.

    More laws and greater police powers are needed immediately.

  6. RIAA and Artists by baertooth · · Score: 5, Insightful

    The RIAA should focus their attention on concerts and other activities where they present their artists. The recording industry is going to dimish much much more before it stabilizes. There's too much opprotunity for people and hackers to circumvent what ever technology they throw at us. But if they concentrated on doing very well done public events, they could smash whatever level of income they made before with records. As it is now, concerts are no where near the potential they hold. And wouldn't it be nice of them to release onto P2P networks songs so they could advertise their artist in the public forum? Even if they release 96kps ripped songs, I think it would do more to spread their coverage than it is to attack the networks. The last time I was on Kazaa, there were 4.4 million people on! That kind of potential audience can only be rivalled by television (and soon it will even eclipse that). All they have done is hurt their image time and time again. I have NO sympathy for them at all. Fat Cats looking to become fatter.

  7. Re:Grokster and stockholders. by Anonymous Coward · · Score: 1, Insightful

    Okay...I read the article, and I don't get how what you wrote is related. Nothing in the press release nor the interview mentions anything about satellite radio or distribution methods.

    Are you saying that someone could consider making a head-end that latches on to an open WiFi Access Point, connects to Grokster, and plays a music stream while in range? Exactly how long do you think that you'd be in range of these APs? Assuming you're travelling in suburbia, probably long enough to hear *one* song at most. You can extend wireless range, but the larger the range, the more directed the signal needs to be, and a car is not going to make for a very good receiver for a WiFi transmitter.

  8. That is why... by Anonymous Coward · · Score: 2, Insightful

    ...people should be donating to Freenet right now - it is the only P2P application that provides protection for its users.

  9. I agree wholeheartedly by Anonymous Coward · · Score: 2, Insightful

    I've been analyzing the situation for some time now myself. I've come to the conclusion that what's good for the stockholders is not necessarily what's good for the company.

    Which is why I think that AMD might really beat Intel after all. I've used Intel processors in the past, because they were available in my area before Athlons. However having tried both I really prefer to stick with AMD at this point.

    In other words, what the fuck did your comment have to do with Grokster??

  10. ahh.. i see by dwgranth · · Score: 2, Insightful

    that last line "vowed appeal" mustve gotten someone mad enough to hack their website but wait... i think this has been happening already

  11. It seems to me... by eniu!uine · · Score: 3, Insightful

    that the fundamental problem with the recording industry is that they don't serve a purpose in the internet era(this being a few years ahead since most people still hear new music on the radio). Their other major problem is that they are trying to collect money from artists works without paying the artists. They have to walk a fine line between wooing the artists and stealing their work while wooing the fans and stealing their money. You know a business model isn't really solid when the sellers have to use the courts to collect their money. Nobody needs to legislate toilet paper(follow obligator links to toilet paper cases)

  12. I'm glad they won, but... by Anenga · · Score: 4, Insightful
    Slyck Ciarán: Janus Friis recently told Slyck that "Grokster is an older customized version of KMD/FT" and that older versions "supernode server to fetch seed IP addresses when not available locally". The verdict seemed to clear Gokster Ltd of operating any supernode server. Can you categorically say that Grokster does not need a supernode server and if not how does it fetch the location of supernodes when not availably locally?

    Grokster: Grokster does not operate a Supernode server or a server with IP addresses or any type of server that interfaces in any way with the operation of Grokster or FastTrack with the exception of ad serving via the Start page. Grokster does not need a Supernode server to operate.

    That doesn't sound right to me. They didn't completely answer the question: what discovery services do they use? Every P2P Servent has discovery services. Kazaa has a bootstrap server, Gnutella/Gnutella2 (Shareaza, Gnucleus etc.) has GWebCache... what does Grokster have? I seriously can't think of another way to obtain a list of "Supernodes"/"Hubs"/"Ultrapeers" other than a centralized location. Well, maybe port scanning a range of IP's to see if they're running Grokster and know of any Supernodes, but I don't think they'd do that...

    It just seems like they were avoiding that question, trying to get Grokster "unaffiliated" with anything "central". Because "central" = easy to shut down.

    Frankly, I really don't care what happens to Grokster. Grokster isn't in for it for the evolution of P2P technology, but rather money. Hell, they didn't even really code Grokster, they just license other P2P clients from other companies which were created from other companies. All they do then is create cute GUI layer then stuff it to oblivion with Spyware and other ads which yield them, apprently, "millions".

    What I think won this case was their defense that P2P can be used for "good things". They probably use Gnutella as a prime example, where the network is free, open and decentralized. FastTrack (the network Grokster is modeled after) is none of those. IMO, it's a three strikes your out philosophy. Is your closed source? Strike. (Okay, you can get away with that one) Is your client network closed? Strike. Do you earn profit? Strike. Grokster is outa' here.
  13. Re:WE need record companies by jez9999 · · Score: 2, Insightful

    I partially agree. But, unfortunately, the logical conclusion of your argument is that we must put up with whatever the big labels throw at us, at whatever price they decide on. And many of us who 'live in front of our computers' think that sucks.

    We don't deny that it's important that media is made available to the general public, the crap screened out, etc. We just think there must be a *much* better way of doing it than the status quo. Personally, I advocate the illegal pirating of material. People who 'boycott' the market are, as you said, powerless. But, like it or lump it, piracy is the only way you're gonna make a dent in outdated views, because people can both experience the media they want to, *and* not pay these companies their unreasonable excess, at the same time. Call me a criminal parasitic asshole, but you give me a better way to effect change (because we do WANT change).

  14. Re:when it is affirmed by the 9th Circuit by TGK · · Score: 2, Insightful

    No, the 9th has had more verdicts overturned than any other court in the land.

    Difference.

    Look at a map of the Circuit Courts of Appeals and draw some conclusions.

    The 9th Circuit Court is VAST. It includes more states than any other Circuit. These states represent a not insubstantial portion of the population of the US.

    I'm not saying the 9th doesn't have problems. It is unquestionably the most liberal Circut in the country. Sandra Day O'Connor has, on more than one occasion, recomended that the 9th hear cases more often with its full 11 judge pannel in attendance instead of relying on the smaller pannels of 3 judges that handed down the Pledge of Alegiance decision that was so unpopular.

    On a side note, the legal reasoning behind the Pledge case was rock solid. You don't have to agree with it moraly or religiously, but from a legal standpoint the 9th did an excelent job defending their position.

    --
    Killfile(TGK)
    No trees were killed in the creation of this post. However, many electrons were inconvenienced.
  15. Premature Celebration by Michael_Burton · · Score: 1, Insightful

    the heads of the various P2P services are hoisting their glasses in triumph

    I think I've seen this movie before. They're doomed.

    Premature celebration is always the setup for the big take-down scene. Just you watch.

    --
    When all you have is an axe, everything looks like a grindstone.