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The War Between p2p and Record Companies Heating Up?

the-dude-man writes "Securityfocus.com Reports that there may be a new nasty turn to the battle between the p2p networks and the RIAA/MPAA. recently, the RIAA has been trying to flood kazza with files that appear to be valid copyrighted material (movies,mp3s, ect) but are empty or, in one case, of Madonna Louise Veronica Ciccone, contain a voice file asking, "What the f*ck do you think you are doing?". The p2p networks are considering a possible move agianst the RIAA in response to this by using recently enacted anti-spam laws."

463 comments

  1. A pity... by TopShelf · · Score: 4, Insightful

    Almost sad to see a portion of such a large industry going through its death throes. I imagine the horse & buggy manufacturers acted much the same about 100 years ago...

    --
    Stop by my site where I write about ERP systems & more
    1. Re:A pity... by Anonymous Coward · · Score: 5, Interesting

      Indeed. P2P networks may be largely used to facilitate copyright infringing distribution of music, movies, books etc but lately I use it for downloading legitimate files such as game demos, movie trailers, and free software updates (whether those updates are for free software, or games and other software I have paid for). P2P is incredibly useful in this regard. I don't have to register with gamespy or wait in a long queue for my download. Long live P2P. RIAA - grow up, evolve, or die.

    2. Re:A pity... by stubear · · Score: 0, Insightful

      "...game demos, movie trailers..."

      Regardless of their nature as being freely available teasers, they are still protected by copyright law and thus subject to restrictions as to redistribution. Being free does not mean they are not protected by copyright. I cannot use bits and pieces of the movie trailer in another work and I can't directly copy ideas from a game demo simply because they were offered for free.

      The RIAA does nto need to grow up or evolve. They hold the contracts on hundreds fo thousands of artists who use the services provided by the RIAA. It is the consumer who needs to grow up. Illegally distributing products on the internet is neither an act of civil disobedience nor a reasonable, "adult" thing to do. P2P networks should be allowed to exist but if the RIAA makes a reasonable request to have material removed from the network, then the P2P network should comply. If they refuse to then they shoudl be considered as co-contributors to intellectual property violations and thusly charged and prosecuted under the law.

      If this business model can be toppled by a lone guy in his garage in a legitimate manner, I'm all for it. So far no one wants to be this guy, they simply want to redistribute intellectual property illegally, thinking they are in some way helping the artists. Guess what? Artists don't see a dime until advances are paid back. Guess how advances in future royalties are paid back? You guessed it, sales of albums. If their album is being traded and fewer people are buying it, then the artist is not going to pay back those advances as quickly.

      The horse and buggy analogy is pure crap though. As many are quick to state, intellectual property is not physical property and when one redistributes it, they are not stealing from anyone (this is a myth though, see above). Ford did not steal horses and buggies and sell them to the masses. He did not even mass produce horses or buggies. Henry Ford developed a way to mass produce automobiles so more people could buy them for a lot less than what other automobile makers could sell them for. Ford revolutionized an industry in much the same way the lone guy in his garage could revolutionize the music industry. P2P is not the lone guy, nor will it ever be in its current state. P2P will never revolutionize music until musicians themselves start figuring out how to use it for themselves.

    3. Re:A pity... by gnarled · · Score: 5, Insightful

      The horse and buggy analogy's purpose appeared to me to highlight the antiquity of RIAA's business model. Obviously Ford wasn't stealing horse and buggies. The point is that the business they were in became pointless and obsolete, what causedd this, piracy or new technology, is irrelavent. The music industry is also becoming obsolete, because practically anybody can record songs with qualities just as good as them. P2P abuse is simply a precursor to a paradigm shift that will change being a musician forever.

      --
      I'm a firm believer in the philosophy of a ruling class. Especially since I rule. -Randal, Clerks
    4. Re:A pity... by Archfeld · · Score: 3, Insightful

      LOL RIAA REP IN DA HOUSE, thanks for the comment Hillary...J/K

      When in a democracy, more than 80% of the people support something then by definition it should become legal. The fact that one MINORITY with deep pockets can buy the law is wrong. The new distribution medium that is the WWW REQUIRES new techniques, If the RIAA is not capable or evolving it will go the way of the DODO Bird, eaten into extinction by the very consumers they created...I love IRONY :)

      Be all that as it may I agree, that STEALING music, movies, whatever is WRONG, whether you go to the theatre and video tape it or pull a runner at a store, there are already LAWS that cover these crimes, why does the RIAA think it deserves fast track treatment and special laws ? Let them go through the process just like every other entity.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    5. Re:A pity... by cpt+kangarooski · · Score: 2, Insightful

      When in a democracy, more than 80% of the people support something then by definition it should become legal.

      Yeah, which is how we wound up with stupid crap like prohibition. Even supermajorities can be stupid at times.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:A pity... by perimorph · · Score: 1

      judging by your e-mail address, i'll assume you live in the u.s.. this country is not a democracy, was never intended to be one, and the writers of the constitution intentionally avoided creating one. the u.s. is a republic with a system of representative democracy, and there is a significant difference.

      in a true democracy, the rights of any minority go unprotected.

      i'll be happy to see the RIAA die as they become obsolete and refuse to change, but i'd rather see the marketplace do that to them instead of mob-rule laws.

    7. Re:A pity... by whovian · · Score: 1
      Artists don't see a dime until advances are paid back. Guess how advances in future royalties are paid back? You guessed it, sales of albums. If their album is being traded and fewer people are buying it, then the artist is not going to pay back those advances as quickly.
      Surely there are other ways for artists to bring in money to pay off their loans.

      Or are we saying that albums are of the highest profit margin (for the record company), as opposed to, say, concerts? I recall some discussion that before the likes of MTV, fans actually had to go to concerts to see their favorite performer. Sure, marketing today is multifaceted.

      Or could it simply be that "albums" is the item spelled out in the contracts with artists?
      --
      To-do List: Receive telemarketing call during a tornado warning. Check.
    8. Re:A pity... by Anonymous Coward · · Score: 3, Insightful

      RIAA has plenty of reasons to grow up or evolve, but they won't. I'm not going to state that sharing files is legal in any sort of way, but you ought to look at the figures sometime.

      CDs give the least bang for the buck of any media out there, as far as mediums of entertainment go. How many people want to spend $15-$20 for a cd with about 2-3 good songs on it? Almost no one I know -- This has been one of the primary reasons driving people *to* p2p systems in the first place. It's an overpriced media, to most people, and it's getting worse, not better.

      And why should I not be allowed to say that copyright law in its current state (and possibly future, if they have their way) is beyond ridiculous and harms innovation and development of art more than it allows it? Are not the ridiculous exclusivity contracts and insane requirements of the artist something to complain about? (Don't give me that "Go indie" crap, either, that's just evading the question) This is the same industry that wants artists treated as a work for hire. Tell me again why I should have sympathy for them?

      Of course, realistically, if you hurt them by way of revenue, they just take *more* from the artist. They don't change their model, they just try harder to tighten their grip on anything and everything that threatens them or might possibly produce more revenue. And they have the power to do so.

      Which is also why you will *NOT* topple this industry. Not under any circumstances. They have too much money, too much power, too much leverage. They have, in their own ways, become a cooperative monopoly(which is why most of these businesses have their home bases *NOT* in America), and if anything becomes a threat to them, they *WILL* lash out against it with the full force of their lawyers, as is the same with any industry that has gone this route.

      There ain't no such thing as a revolution when the playing field's so tilted as to crush such like bugs. The only reason p2p has worked is *because* it is decentralized, and it preys upon a movement that was already there, piracy.

    9. Re:A pity... by secolactico · · Score: 2, Insightful

      When in a democracy, more than 80% of the people support something then by definition it should become legal.

      Hell, no! To paraphrase Agent K. in MIB, "A person is smart, people are dumb" (or somesuch). IMHO, this is a great argument for having a representative democratic republic, instead of a straight democracy.

      Plus, how do you apply this formula? 80% of the total population? 80% of the affected population (p2p users)?

      Do 80% of cable tv users think they should be getting free cable? Do 80% of those who steal cable think they should be getting free cable?

      --
      No sig
    10. Re:A pity... by Anonymous Coward · · Score: 2, Insightful

      Yeah....the P2P guy is the criminal...not the record label which tells us that we have to sell 15,000 copies of our album to finally get up to 90cents per CD which costs in canada about 20-22 bucks,throw in the two taxes plus all the hidden ones like blank cd's....
      yeah, the P2p is the criminal one.

      But on the purely practical side, this is the exact same logic we had 2-3 decades ago about tape decks and taping off the radio.

      Top 40 countdowns on the radio are even easier to tape than to scour the net.

    11. Re:A pity... by TheLink · · Score: 1

      Sure, but which country is a democracy?

      In some countries the people delegate the authority to their elected representatives to decide what becomes legal.

      Referendums aren't that common. Coz most people don't want to be bothered or to micromanage - that's why they have elections.

      And the other thing is: copying isn't stealing - e.g. it is not covered by theft laws. Copying falls under copyright law.

      --
    12. Re:A pity... by Anonymous Coward · · Score: 1

      You're nuts! Listen to yourself.

      "The point is that the business they were in became pointless and obsolete, what causedd this, piracy or new technology, is irrelavent."

      You think it's OK for piracy (an illegal activity) to make a business pointless and obsolete!? Remember that piracy is stealing and stealing is illegal everywhere in the world worth living.

      People seem to forget the seriousness of the matter. This is not merely a simple wrong-doing like disturbing the peace or J-walking. You're taking something away from someone that doesn't belong to you!

      It's a deeper matter than what you think. There is no excuse anyone could come up with that justifies the crime they're committing. Do you think you are trying to make a point that you want easier access to music (rather than, say, stopping by your local music store sometime and buying some music - how inconvenient is that anyway). Well music is available on the internet for purchase now (and has been for a while) and even cheaply (iTMS) so that's not it. Do you think music should be free!? No, you're really bad if you think artists should just entertain us for nothing.

      The fact is, you steal because you can and you don't want to pay for it. But guess what, that's the same reason the common theif at a grocery store steals. I imagine it started off innocent enough. You probably heard that you could do it and that everyone's doing it and you say yourself "Man, what is this world coming to?" Then your favorite artist was about to release a new album and you heard it was already on the networks. You say to yourself, "What the hell. I'm just going to listen to it now and I'll pay for it when it comes out." Maybe you did pay for that one. Maybe you didn't. What about the next album? You discover after some time that there really is no reason to pay at all.

      I've watched the situation from the outside for a long time and I believe the simple truth is that your morals have been degraded. The same thing can happen if you "get comfortable" with stealing certain items from a grocery store or anywhere else.

      It's NOT OK for someone to slip a candybay in his pocket at a gas station and it's NOT OK to steal music! It really is that simple, unless your morals are degraded to the point where you think stealing music is OK. In that case, you must realize the situation and realize that you're wrong, and that is not so simple.

      Just think about it.

    13. Re:A pity... by Planesdragon · · Score: 1

      why does the RIAA think it deserves fast track treatment and special laws ?

      Because the fringe element that helped create the internet decided that they have special rights and the ability to ignore the current system of compensation for artists & artist-promoters.

      A good note is apple's music store--the RIAA, which is a concalmorate, will evolve, or will be supplemented. But whatever the replacement is, it will still be opposed to the uncompensated, unauthorized distribution of uncompleted works.

    14. Re:A pity... by fanatic · · Score: 5, Insightful

      They hold the contracts on hundreds fo thousands of artists who use the services provided by the RIAA.

      In much the same way that antebellum slaveholders in the American South had 'contracts' of slaves who used the 'services' provided by the slaveholders. The RIAA are an oligopoly. Artists wishing to engage with one of its members (other than the already fablulously successful artist) are typically confronted with an identical contract which forces them to give up ALL rights to their own work. It is true they can choose not to sign these heinous contracts - but then they are out of the main game.

      RIAA fails the 'clean hands' test - they have inhibited freedom of competition for many years, and recent court decisions confirm what we've all known - price-fixing is rampant.

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    15. Re:A pity... by Anonymous Coward · · Score: 5, Informative

      Remember that piracy is stealing

      1. It's not "piracy". Piracy is a crime committed on the high seas, involving armed robbery and murder. This is copyright infringement.

      2. It's not "stealing" under any sane definition (not even under the law, in most cases). It's a civil tort.

      While I don't condone copyright infringement in any way (and I don't have ANY bootleg music or software myself, nor do I want to) it's disturbing to see someone who's been so thoroughly brainwashed by the RIAA.

    16. Re:A pity... by Anonymous Coward · · Score: 0
      But whatever the replacement is, it will still be opposed to the uncompensated, unauthorized distribution of uncompleted works.

      That's a pretty big assumption. I don't think in 100 years we'll even have IP laws. They haven't been around that long and are already making a huge mess. I guess I just dream much bigger than you.

    17. Re:A pity... by Eminor · · Score: 0, Troll

      If the music industry becomes obsolete, you will have no new music to download. Most musicians can not market themselves as successfully as record companies can. Sure, anyone can put up a web page for marketing or distibution, but people still need to know that the web site exists.

      Also, because just about anybody record songs in their basements and put them on the internet, they lack credibility. ANYONE can do it. Under this model, we will end up with an increased supply, but the product won't be nearly as good. This why we have professional organisations for doctors and engineers. We know we are getting a competent person if they are a professional (baring strange exceptions).

    18. Re:A pity... by Anonymous Coward · · Score: 0

      ARPA, a fringe element?

    19. Re:A pity... by Anonymous Coward · · Score: 0

      The RIAA obviously still has money. Where does it come from? Well, every time you buy any product or service advertised on radio, some of your money goes to the RIAA. There is this thing called ASCAP/BMI, which collects royalties and statistically distributes them among the artists, shitty and otherwise (after taking a fine cut for "management").

      Therefore, if you buy anything at all, you are supporting all the artists in the catalog with your cash, whether you download or not, and whether you like the artist or not. Personally, I do not like the fact that some of my money goes to support shitty gangster crap rap, but there is not a god damn thing I can do about it.

      This is the regime the RIAA is desperate to preserve. Wouldn't you do the same, if you were also receiving cash for no work at all?

    20. Re:A pity... by Anonymous Coward · · Score: 1, Interesting
      The horse and buggy analogy is pure crap though.

      OK, how's this for an analogy? Trading music is like speeding. People do both en masse, and both are viewed by the majority as minor offenses. The difference is that speeding directly contributes to physical injury, death, and property damage while p2p may put some people out of a job.

    21. Re:A pity... by HanzoSan · · Score: 1

      "compensation for artists & artist-promoters."

      Artists promoters arent needed anymore, so now they are STEALING money from artists, artists get 40 cents per CD sold while the promoter gets about $14. The consumer pays $14.50

      Is this fair?

      --
      If you use Linux, please help development of Autopac
    22. Re:A pity... by Archfeld · · Score: 2, Insightful

      I don't argue there is a segment of the population out there utilizing the web to steal...but there are LAWs that prohibit stealing on the books, and a process by which complaints are heard and dealt with, why does the RIAA need authority that NO OTHER commercial entity has seen fit to need ? Make them go through the court system just like the rest of us.

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    23. Re:A pity... by luzrek · · Score: 4, Informative
      The problem with RIAA and MPAA going after the people who are actually stealling the music/movies/whatever is that for the most part these are their best customers as well. The person who downloads 30+ hours of REM mp3's is likely to have 30+ albums/singles/imports of REM music. If RIAA goes after this person, they will loose a good customer. This is why they are so desparate to block the music/movies/etc. from getting into illegal circulation in the first place.

      I never thought I'ld be saying it, but they need to follow Apple's lead. To stop theft, make a service that is faster and more convinient than stealing. What the MPAA and RIAA want to do is way too much like the British Salt Laws. They'ld like to have licenses which say "only you may listen to this song only on this copy of this medium."

      --

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

    24. Re:A pity... by Lord+Crc · · Score: 1
      CDs give the least bang for the buck of any media out there, as far as mediums of entertainment go. How many people want to spend $15-$20 for a cd with about 2-3 good songs on it

      For me, cd's has the most bang for the buck. Many of my cd's I've listened to hundreds of hours. I can listen to music when doing other things, say coding. I listen to music all the time when I'm in front of the computer. Compared to dvd's and games, they're almost mutually exclusive with other activities like say coding.

      And I prefer to listen to the music I buy, so I know that I buy an album where I like the majority of the tunes.

      However, what drives me to p2p on rare occations, is that it's so hard to order cd's. I went into my local bookstore a few months back, with the title, ISBN number and publisher of a book I found on some inet page (NOT a very popular book mind you). The owner of the bookshop had never heard of the publisher, but one and a half week later (including shipping from USA to Norway), I had the book. Now, I've tried ordering some music from my fav recordshop. They say that "well, we can try, but it's a gamble" and indeed, less than half of the stuff I've ordered, I've gotten, and some of it wasn't the cd I wanted (but one with almost the same title, gah).

      I'd buy twice what I do now if I could easily get the music I want. (btw, yes I know there are online stores, but import taxes here in norway makes any that a silly option)
    25. Re:A pity... by ealar+dlanvuli · · Score: 1

      I cannot use bits and pieces of the movie trailer in another work

      I stoped reading right there. You sir need to brush up on fair use and copyright law.

      --
      I live in a giant bucket.
    26. Re:A pity... by salange · · Score: 1
      [The RIAA holds musicians' contracts] In much the same way that antebellum slaveholders in the American South had 'contracts' of slaves who used the 'services' provided by the slaveholders.


      There is one essential difference between the status of musicians in America in 2003 and the status of slaves in the South before the Civil War: musicians are held by contracts they voluntarily signed.

      Oh, and also slaves were human beings held against their will from the moment they were born, subject to forced labor, torture, rape, and murder. Other than that, great analogy.
    27. Re:A pity... by Anonymous Coward · · Score: 0

      I'm thinking that the term, "artist-promoters" is an oxymoron. "artist-parasite" would be more accurate in many cases. Music is not business, business is not music, the delineation between agents/promoters and artists should quite obvious. Nevertheless, the issue of denying royalties to artists whose music you like and listen to is a valid one. RIAA members have legally binding (if not ethically sound)contracts with their artists, and they are responsible for paying the artists based on unit sales.

    28. Re:A pity... by machinegestalt · · Score: 1

      The point is that the paradigm of music distribution has shifted with the advent of the internet and efficient encoding algorithms. This isn't an evolutionary change in the current system, this is a revolution. Just because the majority of the people don't understand the politics behind it, doesn't mean they aren't part of it. The peasants in the french revolution didn't think about the rational failings of the current political system, they were merely hungry and poor. The peasants revolted illegaly, and were "terrorists" to the monarch and the aristocracy, however today the French revolution is celebrated (bastille day).

      I agree with you that according to the laws and traditional ethos, the copyright infringement is "immature." However, the Internet has radically shifted the ethos of those who have been thoroughly immersed in it, at least in regards to the dissemination of information. It's easily the most radical element in society since the motor vehicle, and promises to massively change the way we live our lives. You can't stop a social movement with laws. This is like Hegel's antithesis, which the thesis will combine with to form a synthesis.

      Machine Gestalt

    29. Re:A pity... by mdwh2 · · Score: 1

      If the music industry becomes obsolete, you will have no new music to download. Most musicians can not market themselves as successfully as record companies can. Sure, anyone can put up a web page for marketing or distibution, but people still need to know that the web site exists.

      But there are other ways of doing that. Whilst I've never randomly stumbled onto some musician's homepage and then immediately bought his CD, in the last 6 years or so I've never bought a CD because I saw an advert for it, or heard it on the radio. Instead I find out about music from seeing bands play live, downloading samples of music, hearing music at nightclubs, or what my friends play.

      Even if I did occasionally buy music from seeing an advert or hearing it on the radio, it's no big deal if the record companies disappear. Whilst I might not be buying those albums, I'd buy others instead. I suspect what would happen in general is that there'd be fewer highly successful bands. Is this such a bad thing?

      Under this model, we will end up with an increased supply, but the product won't be nearly as good. This why we have professional organisations for doctors and engineers. We know we are getting a competent person if they are a professional.

      How does being marketed by a big record company make someone a professional? Or if you're saying we need them to sift the good from the crap, as I say, there are other ways of doing that. And I'd rather have more choice over it myself, instead of letting some company executive deciding what I should listen to.

    30. Re:A pity... by Anonymous Coward · · Score: 0

      >confronted with an identical contract which forces
      >them to give up ALL rights to their own work

      For money. Optional.

      >price-fixing is rampant.

      So? Don't like the price, don't buy the product.

    31. Re:A pity... by Threni · · Score: 1

      "It's not "stealing" under any sane definition (not even under the law, in most cases). It's a civil tort."

      It's criminal, not civil, in the UK (since 1988) and USA (since the DMCA).

    32. Re:A pity... by cappadocius · · Score: 4, Insightful
      If the music industry becomes obsolete, you will have no new music to download

      No, if the music industry becomes obsolete (it is in this very process) a new industry will spring up in its place.

      You are right that musicians still need marketing. So that's why they will hire companies to promote their records -- record companies.

      There will still be record companies, it is just that they will work for the musicians. Right now there is an oligarchy in music distribution, but this is fast ending. The advent of popular low cost internet radio is breaking the Clear Channel hemogeny, and online music stores (see Apple's for instance) will make distribution much easier and cheaper.

      The result will be an opening up of the market. There will be more competition and viable competition to the big 5 RIAA giants. This means that they will have to stand on their promoting merits, not on their current lockdown of distribution.

      Most likely some or all of the current companies will survive (they have deep enough pockets) but their bussiness models will be fundementally changed.

      The record companies see this -- they have to -- and probably know it is inevitable down the line. But their current system is tried, true, trusted, and usually profitable, so you can understand their reluctance to give it up.

      --

      omnia tua castra sunt nobis

    33. Re:A pity... by commodoresloat · · Score: 2, Insightful

      The point is not whether you should buy the product. The point is that by price fixing the RIAA member companies lose all legitimacy when they pretend their actions are in any way consistent with free market principles. There is no competition among the companies for CD prices, and, more importantly, there is no competition for contracts. So there are no fair contracts for bands to sign if they don't want to sign the unfair ones, and as soon as a company tries to offer fair contracts they will get bought or crushed by RIAA member companies. It's a racket, pure and simple; in fact, it's a cartel according to the strictest definition of the term. Organized criminal activity. I'm not saying it's legitimate to steal from them - I think the argument over whether copyright infringement is theft is an argument for a different day - but I don't really think they have a right to whine about other theives taking a tiny portion of their ill-gotten gains.

    34. Re:A pity... by gruhnj · · Score: 1

      When in a democracy, more than 80% of the people support something then by definition it should become legal. The fact that one MINORITY with deep pockets can buy the law is wrong.

      Thankfully then we are not a democracy. We are instead a republic, where we dont vote directly; we instead choose those who do vote in our name. While I in no way condone the stupidity of the RIAA engaging in outsight warfare against P2P, trying to make 80% of the country's beliefs into law is a HORRIBLE idea. Consider this -- most of the country does not hold our beliefs on much of anything. We could be 100% right but becaues 80% of the populace believe other than what we do, we could be held back by that very definition.

      Sounds Like what we need is to elect someone on our side.

    35. Re:A pity... by Anonymous Coward · · Score: 0

      Precisely... It's criminal only under a nonsane definintion of crime (DMCA for example). I don't even agree that it's a tort unless the person in question specifically bound themselves to those rules, but my view of law is apparently not sufficently progressive for some.

    36. Re:A pity... by cyril3 · · Score: 1
      Retreating to an earlier view of common law is not progressive. It is at best, reactionary.

      The rules on consent implied from actions is advanced enough in most common law jurisdictions to be useful. That's why it's still around.

      The wheels of commerce would grind very slowly if we had to sign a written contract for every thing we agreed with another party.

    37. Re:A pity... by cyril3 · · Score: 1
      It's not "piracy". Piracy is a crime committed on the high seas, involving armed robbery and murder.

      To be polite about it, piracy is a common usage for those involved in copyright infringement of various types. Everyone knows what is meant. To be pedantic about the definition of piracy is, well, pedantic.

      For example when I suggest that you are a dull prick, I am not saying that you are a blunted but once sharp object which annoys people who come into contact with it. Well maybe the last bit. I'm not sure how sharp you once were.

    38. Re:A pity... by cyril3 · · Score: 1
      So that's why they will hire companies to promote their records -- record companies

      With what will they hire these record companies. Oh, I know. The record companies will know a bank who might lend the band some money to pay the record company to promote themselves. And then they could pay the bank back out of royalties on their record sales.

      Why didn't we think of that before.

    39. Re:A pity... by Terminal+Saint · · Score: 1

      To quote one of the greatist men to ever walk the earth, "Even if you are a minority of one, the truth is the truth." - Gandhi. It's quite possible for 80% of the population to be dead wrong and do stupid things. Just because 80% of a cult thinks it's a good idea to kill themselves doesn't mean it is.

      --
      It's sad when choosing an installation directory on your own qualifies you as an "advanced user."
    40. Re:A pity... by Hobobo · · Score: 1

      Haha clever

    41. Re:A pity... by intermodal · · Score: 1

      damn. every time one of these wankers posts its an AC post. my foes list would be way bigger.

      Anyhow, the reason that music is not a viable industry for goods, is that it is a service or skill. The only reason labels exist is for transportation and marketing, not for actual music production or benefit of musicians. Their iron curtain, so to speak, of the broadcast world is an abomination of the intent of the constutituion's copyright clause, as are the present copyright term lengths.

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    42. Re:A pity... by Archfeld · · Score: 1

      I can't argue logic like that, but the same truth holds that just because it is written as law does not make it so, and honestly if 80% of the ADULTS in a cult wanted to off themselves, so be it...kids are a different thing

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    43. Re:A pity... by kalka · · Score: 0

      Reading the parent the court concluded that:

      1. The above is some RIAA fag.
      2. The above is some "artist" that doesn't sell as much as they want. Believe me, it's not because of the p2p, your music (movie, program, etc.) is crap.
      3. Go home (www.goatse.cx)

      --
      Sieg
    44. Re:A pity... by Pepebuho · · Score: 1

      I remember something I read on Baen Bar. Although there is a lot of music, nobody have the time to sort through it in order to find out what is cool and what is crap according to his own likes and dislikes. Therefore the recording companies CAN and should start that kind of personal indexing services and charge for it.

    45. Re:A pity... by zcat_NZ · · Score: 1

      I cannot use bits and pieces of the movie trailer in another work

      I stoped reading right there. You sir need to brush up on fair use and copyright law

      Yeah, right.. two words for you; "Bittersweet Symphony". A few seconds of sampling in a Verve song, and 100% of the royaties gets awarded to the Rolling Stones. Fair use is dead and buried.

      --
      455fe10422ca29c4933f95052b792ab2
    46. Re:A pity... by icebike · · Score: 1

      Further, the media you purchased (CDRs tapes, etc) for storing your downloaded stuff already included in their price a royalty to the music industry, so you ALREADY PAID FOR IT.

      --
      Sig Battery depleted. Reverting to safe mode.
    47. Re:A pity... by murr · · Score: 1

      Yeah, right.. two words for you; "Bittersweet Symphony". A few seconds of sampling in a Verve song, and 100% of the royaties gets awarded to the Rolling Stones. Fair use is dead and buried.

      I've read this claim a couple of times on Slashdot, and I'm puzzled. The ENTIRE tune of "Bittersweet Symphony" was lifted from a Stones song (The lyrics, admittedly, were original). This was far beyond what any reasonable person could consider fair use.

    48. Re:A pity... by Anonymous Coward · · Score: 0

      Nope, sorry. Only special "audio CD-R" has royalties. Normal CD-R, which we all use for audio, too, pays ZERO. Anyway, the tiny "royalty" doesn't allow you license to pirate everything legally. Idiot.

    49. Re:A pity... by mpe · · Score: 1

      You think it's OK for piracy (an illegal activity) to make a business pointless and obsolete!?

      Is p2p a cause of the third party publisher business model becoming obsolete or is a symptom?

      Remember that piracy is stealing and stealing is illegal everywhere in the world worth living.

      Copyright infringement is defined differently from theft in just about every legal code on the planet. Also using the word "piracy" in the context of copyright infringement tends to draw attention away from it's meaning of "armed robbery on the high seas" which continues to be a very serious problem in some parts of the world.

    50. Re:A pity... by mpe · · Score: 1

      If the music industry becomes obsolete, you will have no new music to download.

      People were creating music long before the music industry existed and long before machines to record sound were invented.

      Most musicians can not market themselves as successfully as record companies can.

      So what, there are plenty of musicians who do it because they enjoy making music.

      Also, because just about anybody record songs in their basements and put them on the internet, they lack credibility. ANYONE can do it.

      No, since in order to make the music in the first place some level of ability is required.

      This why we have professional organisations for doctors and engineers. We know we are getting a competent person if they are a professional (baring strange exceptions).

      That's because the level of risk from an incompetant is high and most people cannot easily judge for themselves someone's competence.
      The consequences of a bad musician are simply annoyance, not mass destruction, serious injury and death.

    51. Re:A pity... by TGK · · Score: 1

      Regardless of their nature as being freely available teasers, they are still protected by copyright law and thus subject to restrictions as to redistribution.

      Well.... no. Not really. Fortunately for the internet community copyright law exists largely as caselaw rather than as actual portions of US code. While the US code does address much of this topic, the details are in the case law and the devil, as they say, is in the details.

      First off remember that everything you produce is copywritten. This post is copywritten, so is the one I responded to. In fact, were it not for the extensive case law my quoting your post in responce could be copyright infringement (please don't sue me!).

      However, when something is posted in a public place, like a discussion forum on Slashdot, or on trailers.apple.com or whatever a thing called an "Implied Licence" springs into being. The idea is that the owner has placed his work in a place where it is so easily copied and so easily accessable to the general public that he must expect it to be coppied.

      This doesn't mean you can copy and paste essays from the internet, you've still got to give credit where credit is due. Nonetheless, no court in this country would ever find against you in a copyright case wherein you were charged with illegaly distributing a released movie trailer over a P2P network or whatnot.

      Same goes for publicly available drivers, shareware, etc. So long as you don't modify the item so that the creator is not credited you're golden.

      Same goes for games and movies. You can't copyright an idea.... only the manefestation of that idea. So while the bullet time scene of Trinity about to whoop ass in the Matrix is copywritten, the concept of bullet time is not only uncopywritten, but uncopywriteable.

      Just FYI.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    52. Re:A pity... by TGK · · Score: 1

      When in a democracy, more than 80% of the people support something then by definition it should become legal.

      What I think you mean is that it will become legal. If 80% of the populace is behind something strongly and firmly no amount of money will buy a politicians vote. You simply can not win an election if 4 out of 5 people won't vote for you because of your stance on an issue.

      That said, just because 80% of the population is in agreement about something doesn't mean it should become legal. Should is a moraly judgemental phrase. I've lived long enough to know that the mob is a fickle thing, and that with a little work it can be convinced to do things like... oh... exterminate a religious minority.

      Moving right along.... you feel that large quantities of money have no place in the American political system, at least insofar as buying votes goes.

      Two points along those lines.

      1.) There is not a single respected poltical scientist out there who will agree that corporations, PACs, Interest Groups, etc buy votes with their money. They argue that these people buy "access"... I.E. the right to have their opinions heard, not agreed with. Evidence does favor this, though I am inclined to agree it is a matter of semantics.

      2.) This countrys constitution was written more or less to protect the economic interests of the men who wrote it. Our entire government is based around the ultimate power of the people, but more specificly around the power of the elite to manipulate the will of the people within the framework of a system that preserves the power of the allmighty buck. There is lots of great writing on this topic to lengthy to quote/include here.

      What is really comes down to is that there is a difference between "moral" and "legal." I feel it is moraly wrong that money has the influence in politics it has. Nonetheless, is it illegal to forbid contributors that option. Contributions are a form of political speech, a most hallowed tradition in the United States.

      Just some thoughts.

      --
      Killfile(TGK)
      No trees were killed in the creation of this post. However, many electrons were inconvenienced.
    53. Re:A pity... by Anonymous Coward · · Score: 0

      In fact, the extra taxes you pay on blank CD-R's don't give you any right to download music. They are only there as a counterbalance for the profits the industry might lose due to copies for home-use or backup copies you already have a licence for...

    54. Re:A pity... by hesiod · · Score: 1

      > in a true democracy, the rights of any minority go unprotected.

      In a true democracy there is no minority or majority, it is "every man for himself." Only if you think you are in the minority, you will be. Of course, that is my narrow opinion which is just as narrow as anyone else's -- even if they like to scream about how open-minded they are.

      Despite that, I agree that market should determine what companies live and die in that marketplace.

    55. Re:A pity... by Anonymous Coward · · Score: 0

      These little traling "Idiot." comments don't help your case. Idiot.

    56. Re:A pity... by AKAJack · · Score: 1

      Um, half the country doesn't even have access to home computers. The half that does mostly doesn't have broadband. You're still in a minority.

      What you propose is that the music industry go back to what it was in the 1950's. Check out the history of that and see if you think it will work for today's world (of course updated with idea of P2P). I'll tell you, I'm optomistic, but I can't imagine it working the way you see it.

      Even when you says artists break away and form their own record companies, they eventually became greedy and started exloiting other artists the same as the record companies they left. I could name a couple, but don't feel like a lawsuit right now.

    57. Re:A pity... by Silburn_Luke · · Score: 1
      The record companies see this -- they have to -- and probably know it is inevitable down the line.

      Don't bet on it. I've got a friend who had a nice little gig a few years back running 'Internet 101' courses for EMI execs in between doing freelance 'implement a website' dot-commery.

      To a man (and these folk were pretty much 100% male) the reaction she got was either uncomprehending complacency, arrogant dismissal or (later on, once P2P actually started to bite) total outrage and a knee-jerk 'send in the lawyers'.

      She's a pretty easy-going chick on the whole and not given to sweeping generalisations, but based on her experience 'music industry' execs were not just ignorant - they were flat-out stupid. Her analysis of the 'record industry' was essentially that they recruit almost exclusively from the A&R guys and what other job in the last few decades has paid so well for feckless eedjits who's prime asset in the job-market is that they like going to gigs and doing shedloads of drugs?

      These guys have lived very well off their distribution lock, doing fuck all for which they have pulled in a tasty executive/professional level of compensation and, like many a rentier interest in the past, they honestly thought (to the extent that they thought at all) that this was the ordained way that the world worked. Hence the strange blend of furious outrage and whiny self-pity that has come from the industry mouthpieces since they woke up to the P2P threat - its not that they have no clue (although they don't), its that most of them honestly believe that the world owes them a living.

      Luke

      --
      #include witty_one_liner.h
    58. Re:A pity... by Robert+The+Coward · · Score: 1

      You assume those Demo's are restricted from distrubtions. Many Game are shareware and have give the right to be xfered. Same with may things out there. As for Movie trailier that is probly still a violation of the copyright holders distrubtion agreement but not alwas. Movie Company's make those trailers to get people into seat at the movie theather and later to for DVD/VHS sales of said movie so they may be having a blind eye to do so. The only time I have seen any court related actions regarding Movie Trailers is when someone was deep linking the studio websites but that was more of a Deep Linking Issue not a Trailer being avaible Issue.

    59. Re:A pity... by zcat_NZ · · Score: 1

      Perhaps I'm wrong; I've never actually heard "The Last Time" but I've heard Bittersweet Symphony and it sounds like just one bar of orchestral music repeated throughout the song.

      So apart from queueing Last Time on p2p, I did a quick google search and turned up this too;

      George Michael had to turn over some of his royalties on his song "Waiting For That Day" because he quoted the Stones lyric "You Can't Always Get What You Want." Janet Jackson had to give up part of her copyright for "What'll I Do" for using the "Satisfaction" refrain "Hey hey hey, that's what I say."

      So apparently 'fair use' of lyrics means 'no more than six consecutive words.'

      Fetch me a spade.

      --
      455fe10422ca29c4933f95052b792ab2
  2. I can see what would happen... by eet23 · · Score: 5, Interesting
    I download a fake mp3.

    I sue the RIAA for $1.00 or something

    I have to spend it quickly, because the RIAA is about to sue me for $17,000.

    I'm not going to be the one who simultaneously antagonises the RIAA and admits in court that I tried to pirate music.

    1. Re:I can see what would happen... by feldsteins · · Score: 5, Informative

      No shit. Let's not forget that our major problem with the RIAA is the fact that they are enacting laws and introducing DRM technologies that destroy our fair use as consumers. Our problem with them is not that they are trying to prevent us from stealing music.

      Granted, they need to be in compliance with the law as they take swipes at pirates...but c'mon, they're still pirates.

      --
      You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
    2. Re:I can see what would happen... by An+Ominous+Coward · · Score: 1

      But really officer, I wasn't pirating anything. I mean, if someone put a song up to be shared, they obviously hold the copyright, or are authorized to distribute the file.

    3. Re:I can see what would happen... by spydir31 · · Score: 1

      hmm... just wondering here...
      is the fake file copyrighted?
      can't you legally download them?
      (they can claim intent, but you don't have the actual copyrighted material, no?)

    4. Re:I can see what would happen... by NickFortune · · Score: 1
      Makes me wonder if they could be had under some sort of entrapment laws - "I'm not liable for downloading this stuff because the copyright holders flooded the forum with this stuff"

      I'm not a lawyer, and I'd ot reccommend anyone try it, but I'd love to see it happen. They could get dne for spam and incitement in the same day:D

      --
      Don't let THEM immanentize the Eschaton!
    5. Re:I can see what would happen... by moncyb · · Score: 2, Insightful

      Let's not forget that our major problem with the RIAA is the fact that they are enacting laws and introducing DRM technologies that destroy our fair use as consumers.

      Too many people don't get it. They are doing far more than just "destroying fair use." If they gain control with these laws and technologies, they will destroy free speech as we know it. If they can use a censorship system to stop someone from redistributing their copyrighted data, they can also stop someone from redistributing independently produced and legal to send data.

      The "trusted" certificate authority organization(s) can use the crypto key registration / rejection system to censor naysayers and competitors. The "copyright holders" can use bots w/o human intervention and widen the search criteria to catch many innocent people in their trap, then claim it was an "accident" if caught. This has already been done with the DMCA. The BSA / OpenOffice incident is a good example. Microsoft's implementation will ensure only they can approve drivers and DRM programs.

      In fact, I have heard talk of adding a system to reject specific files / communications so the "copyright holders" can eliminate "pirate material" after the fact. Obviously the dupes who believe DRM is designed to protect copyright will see these measures as a "legitimate" attempt to stop illegal activity.

      Much more is at stake than just being able to listen to the RIAA's crappy music.

    6. Re:I can see what would happen... by Blue+Stone · · Score: 1
      "I'm not going to be the one who simultaneously antagonises the RIAA and admits in court that I tried to pirate music.

      No, and let's face it, neither is anyone else. What this could be used for, however, is as a countersuit by someone who's already being sued by the RIAA, and who's trying to fight them... maybe.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    7. Re:I can see what would happen... by tmark · · Score: 4, Interesting

      ...DRM technologies that destroy our fair use as consumers. Our problem with them is not that they are trying to prevent us from stealing music.

      You're wrong. *Some* people are legitimately considered with fair use issues. A lot of other people aren't. A lot of people seem to think that record companies "need to adapt", which seems to be a shorthand for "sell things to us in the manner we want them sold, all terms dictated by us, and the price we want them sold at". If the record companies don't give in on all terms, these people think it's OK for them to do whatever they want.

      "fair use" is getting thrown around a lot, but I bet a good portion of people crying "fair use" have downloaded music they have no claim to fair use for.

    8. Re:I can see what would happen... by anthony_dipierro · · Score: 1

      But what have you done wrong? First of all, you didn't download the copyrighted song, you downloaded a bunch of blank air. Secondly, the RIAA offered it to you. Wouldn't that constitute an implied license?

    9. Re:I can see what would happen... by feldsteins · · Score: 1

      I'm no attorney, but I'd say "fair use" means being able to put a store-bought music CD into my Mac and have it play. I'd say it includes being able to rip said CD and put the resulting music on whatever other playback device I own. So far attempts by the RIAA at stopping piracy haven't been sucessful in any way..but they have infringed my fair use as described above. That, I maintain, is the real problem with the RIAA right now.

      --
      You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
    10. Re:I can see what would happen... by devnullify · · Score: 1

      You mean like Apple, meeting their month target on the new iTunes project in the first week? People use P2P becuase it's *easy* not because they don't think they should have to pay for music. If I can sit in my living room and download a track I just heard on the radio in a minute or two, without leaving my chair, I'm a lot more likely to do it. The fact I have to pay 99c or whatever for the track is irrelevent, people are lazy, not necessarily cheap. Besides, these days, buying singles is a good idea as albums generally suck ass.

      It is 100% true that the record companies need to get organized, work together, and provide a legit way for their music to be distributed on the internet. Following in Apple's footsteps...with no DRM and rather light legal restrictions. Either that, or Apple will become the new leader in online music distribution, which is very possible if word gets out.

    11. Re:I can see what would happen... by rhavyn · · Score: 1

      Once apon a time, the buyer did dictate all the terms of the deal and the price it would be sold at. It's an interesting concept called capitalism. Unfortunately, some big cartels managed to get a few laws passed which took the "free" out of the "free market". Now you get to buy things on their terms and at their price (something which used to be called "price fixing"). What's even more unfortunate is that now there are apologists saying that the cartels should have ever right to stomp on our rights.

    12. Re:I can see what would happen... by tmark · · Score: 2, Insightful

      If people don't like the terms the record companies are offering them - and that includes the price - then what they should do is REFUSE TO CONSUME THEIR PRODUCT. Grabbing the latest Madonna tune off Kazaa and sanctifying your actions by saying "the album is overpriced" or "I only want to buy song Z, but I don't have that option" only gives the record companies fodder for working harder to fight AGAINST fair use. Here's an analogy: In my neighbourhood, at Christmas time, people can buy trees by depositing the requested money in a safe box and helping themself to a tree. If I thought these vendors were charging an unfair price, the RIGHT thing to do is not buy a tree. The RIGHT thing to do is emphatically NOT to take the tree without paying for it. If we do the latter, how is the vendor to know that we refuse to buy their product because it's not a fair price ? How can the vendor possibly trust these signals as market signals ?

      It all depends on what needs filesharing REALLY serves. If P2P is primarily servicing legitimate fair-use needs, then the economics motivating the record companies will be far different than the economics that would motivate them if P2P is primarily servicing the desires of many/most people to have things for free. I know that some people claim to own CDs, but grab tunes from those CDs off P2P anyways because it's easier (which boggles my mind considering how easy it is to do). Do we really believe that constitutes more than a minority of the traffic on Gnutella/Kazaa ?

      The obvious fact that so much P2P is NOT fair-use-motivated helps drive the record companies to seeking out protections that jeopardize fair-use.

    13. Re:I can see what would happen... by thelexx · · Score: 1

      We'd settle for "sell things to us in the manner we want them sold, with reasonable terms and at a fair price".

      Instead we get, "We'll sell you only what we want, when we want (lots of good stuff is no longer available because they can't see a way to profit from it enough), with egregiously unfair terms and insane prices."

      Normally this thing called "customer service" and "competition" prevents this from happening. The p2p rebellion is in no small part fueled by a complete lack of it on the part of the music industry. From bullshit manufactured teen groups and the RIAA, to Ticketmaster and Clearchannel, the entire industry is geared towards not just profiting, but greedily and extortionately sucking every last dime of revenue from both the artists and fans alike. If the well of public sympathy is so dry for them that the people they should have been courting rather than fucking have become so alienated, to the point of ignoring them completely the moment a way to do so became available, too freaking bad. Changes are often necessary, but seldom neat, pretty and entirely 'legal'.

      That said, I do see what you are saying and wish it were that simple.

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    14. Re:I can see what would happen... by Anonymous Coward · · Score: 0
      If I thought these vendors were charging an unfair price, the RIGHT thing to do is not buy a tree.


      Nope, the right thing to do is to drive a few miles to the next neighborhood and buy a tree from a vendor there, after all you wouldn't want your kids to wake up crying on Christmas Morning, would you? Of course, if some of the tree vendors in your municipality formed a cartel and used their power to pressure other tree vendors out of business and force tree farmers to sell them their trees near cost, all the while gouging customers, then using other, possibly shady, ways to get trees wouldn't seem so bad.
    15. Re:I can see what would happen... by geronimo87 · · Score: 1

      Right on the money. I couldn't have said it better.

    16. Re:I can see what would happen... by geekee · · Score: 1

      You obviously have no understanding of how DRM technology works. You can't use DRM to control files that didn't originate from you.

      --
      Vote for Pedro
    17. Re:I can see what would happen... by geekee · · Score: 1

      The RIAA has no obligation to make their material easy to copy. Just because you can't be sued for fair use copying doesn't mean the RIAA has an obligation to make it easy for you to copy their stuff.

      --
      Vote for Pedro
    18. Re:I can see what would happen... by geekee · · Score: 1

      The RIAA has no obligation to make it easy for you to copy their material. Fair use only means that if you manage to copy something, you can't be sued for it if it falls under fair use. That said, the DMCA goes too far, but their's nothing wrong with them using DRM if they choose.

      --
      Vote for Pedro
    19. Re:I can see what would happen... by Anonymous Coward · · Score: 0



      You're wrong. *Some* people are legitimately considered with fair use issues. A lot of other people aren't. A lot of people seem to think that record companies "need to adapt", which seems to be a shorthand for "sell things to us in the manner we want them sold, all terms dictated by us, and the price we want them sold at". If the record companies don't give in on all terms, these people think it's OK for them to do whatever they want.


      erm, your point is? Thats exactly how it should be.

      It's fucking entertainment, not food.

    20. Re:I can see what would happen... by theLOUDroom · · Score: 1

      The way I would do is to sue them for a DOS attack.

      If you could show that the traffic they were generating is crippling your ability to download linux ISO's you would probably have a very valid case. They are, after all, intentionally broadcasting data designed to interfere with the network's operation. This should easily fall under the jurisdiction of anti-DOS laws.

      --
      Life is too short to proofread.
    21. Re:I can see what would happen... by Technician · · Score: 1

      I like your countersuit example. It would be funny if it went like a drug case that was screwed up. The defendant bought fake drugs and got busted. The drug charge got tossed because the defendant didn't have drugs. I wonder if having the Madonna cursing file would get you busted for illegal content?

      I know it's not pratical as most everybody has storage for a huge amount of files. You probably will get busted for something else that is copyrighted.

      --
      The truth shall set you free!
    22. Re:I can see what would happen... by feldsteins · · Score: 1

      ...their's nothing wrong with them using DRM if they choose.

      Yes there is. It's just not illegal. As far as I know. But it's wrong. Ultimately they would like to make it so that we can never ever play music/watch movies on any hardware device without their explicit A-OK. Approved hardware list, online verification of licensure, the whole bit. That is exactly what they would like and they will attempt to get it. (They already tried once with computer makers: "hey, why don't you put a little chip in your box so that nobody can play anything we don't want them to?" The computer makers replied: "Uh, that doesn't sound like good business for us. No thanks.") And that, whether legal or not, represents a wholesale change in the way consumers "consume" media. It would usher in a whole new era of rigidly controlled, freedomless access to the stuff you pay for. And, I maintain, it is wrong of them to do.

      --
      You like your Macintosh better than me, don't you Dave? Dave? Can you hear me Dave?
    23. Re:I can see what would happen... by Anonymous+Brave+Guy · · Score: 1

      Um... No. What you just wrote is technically infeasible with any of the currently mooted DRM technologies, and there is no legal basis, current or proposed, to support it, or to defend the perps who have "accidents" from accusations of malicious activity. You are spouting panic-induced FUD, and you desperately need to do some homework on what is, and is not, part of the current DRM ideas, both technical and legal.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    24. Re:I can see what would happen... by Anonymous Coward · · Score: 0

      A lot of people seem to think that record companies "need to adapt", which seems to be a shorthand for "sell things to us in the manner we want them sold, all terms dictated by us, and the price we want them sold at".

      Funny I remeber the day when buisnesses where based on the idea of supplying a product to a customer in a way the customer wants and at a price that the customer is willing to pay.
      yet the riaa seems to be the exact opposite of this with the pricefixing and lack of quality music(well in my opinion lately).

      Damn i forgot i am a consumer not a customer. time to trod of and pick up $americanidols new cd "the public gets what we say and nothingelse"

    25. Re:I can see what would happen... by moncyb · · Score: 1

      You are the one who has no understanding. If you build and run the system, you can do this. All you have to do is make each system generate a secure hash (ever hear of MD5?), and send rejection certificates for the files you want to censor. How do you send the certificates? The easiest way would be to have the computer periodically call in to a central server. Ever hear of Microsoft? Their OS already does this for a variety of reasons. Why should checking "bad" hashes be any different?

      They may not put this feature in the first generation of DRM systems, but after a bunch of "pirate" movies and music show up in DRM format, what do you think will happen?

      Plenty of things will go under the umbrella of Digital "Rights" Management, not just a little flag which says don't copy or can copy--if this were true, they wouldn't be bothering with encryption at all. The system will always have holes, so they'll put in more armor to "protect" it. No matter what they do with their system, someone will find a way around it. Even if it means buying a "pirate" camcorder on the black market, and video taping the screen.

    26. Re:I can see what would happen... by EvilSporkMan · · Score: 1

      Ah, you have a point, but it WAS easy to copy, and DRM would be an explicit effor to make it more difficult to copy, thus restricting the previous fair use privileges. (IANAL)

      --
      -insert a witty something-
    27. Re:I can see what would happen... by AliasMoze · · Score: 1

      "If people don't like the terms the record companies are offering them - and that includes the price - then what they should do is REFUSE TO CONSUME THEIR PRODUCT."

      This is the truth in most situations, but NOT WITH A MONOP0LY!

      That the RIAA is a monolopy and illegal cartel is almost an accepted reality. It is exactly what antitrust laws are there to prevent. They, a handful of large corporations, own music as we know it, and they abuse their positon (which is a matter of record, not just a philosophy). They use the law to extend the terms of their ownerhip, they lock out competitors, they exploit the best artists, they price gouge, and they try to block new modes of distribution.

      Most of the music you find through Kazaa is probably an illegal copy (or illegal download). But the law is not the end-all-be-all of right and wrong. The same mentality would have seen Ma Bell continue to fuck the American people, and today we'd be paying $10 a minute to call the next state. In other words, and to repeat myself, the RIAA's being a monopoly changes everything.

      P2P is a technological model that offers a fantastic, robust means of distribution. If there were no music industry today and we had the new technologies of CDs and P2P, everyone would want P2P. Ways of making money would have to be worked out. That's what happened when we first got recorded music in the first place. Businesses evolved to exploit the opportunites; others died.

      The RIAA is simply a dinosaur trying to prolong his reign. He's stomped on the mammals to keep them down, but a new order is coming, a smaller and better animal, and his days are numbered. It's not a matter of the current industry adapting. Most won't. But that's not our problem.

    28. Re:I can see what would happen... by moncyb · · Score: 1

      What you just wrote is technically infeasible with any of the currently mooted DRM technologies

      Which part? All of it? How do you know what all of the "currently mooted DRM technologies" do? Many of the companies have been working on DRM in secret.

      Do you even know how key management and trusted authorities work? To be able to publish, you will be required to have your key signed by a trusted authority. Otherwise any joker can distribute any copyright infringing material on the system, and no one will know who did it or be able to stop him. This is DRM 101. Maybe this requirement won't be in the first generation systems, but "pirates" will abuse the system. The "copyright holders" will cry, and refuse to use it unless publishing is restricted in this way.

      As to being able to reject specific files, see this post.

      If you are questioning my comments about the bots: first of all, have you heard of any of the companies sending false DMCA complaints being punished? I never heard any follow up stories about the BSA being punished for saying "under penalty of perjury" that OpenOffice is really MS Office, and the mirror sites were infringing on MS's copyright. This would certainly be front page news.

      The bots will be used with DRM, except the they will be sending rejection certificates for files and publishing keys instead of legal complaints. The entertainment cartel will demand all trusted authorities enable this, lest they be left out of the loop and the cartel won't use their system.

      The whole thing fueling the DRM crap is the fact Hollywood says they'll start releasing movies for digial download if they are able to control distribution of their content. If you read in between the lines, you'll see they also want to control distribution of other's content as well. They keep saying if lawmakers / tech companies do X (like the DMCA), then we'll make our content available on the internet. They do X, but the cartel never follows through and demands more. The cartel won't stop until they have total control over the internet.

    29. Re:I can see what would happen... by tmortn · · Score: 1

      One other problem with that. Your tree example is a primary example of the problem of equating P2P file sharing with stealing. In the case of your tree you have a physical object which if you take can no longer be provided to someone else. You take sole possesion of the tree and no one else can get it.

      P2P file sharing is actually a means of duplication. No physical material is taken possesion of. If I chopped down a tree in my back yard and used the wood to create a copy of a chair design down at the local furniture store would that be considered theft ? No of course it wouldn't. Computers represent an amazing production and distribution capacity. In the event of copying a song I am using freely given bandwidth and computer capacity to create a copy of music. I do not take a copy. I do not STEAL a damn thing.

      The thing that totally freaks the RIAA is that they realize something most people who say find a way to make money off of online distribution just don't grasp. There is little to no value to be reaped from online music distribution. You have already paid via your ISP supscription and your computer equipment. Its costs them insane amounts of money to provide a central server and the needed bandwidth to run an online store while such costs as that are distributed among the masses in a P2P system. P2P is not free. It is a distributed cost architecture where the economic burden is shared among the users. Again you pay for your connection ( even if your in school.... that tuition goes somewhere remember ) and for your equipment.

      Pardon the cheezy nature of it but try to imagine Walmart competing with an in home replicator ala Star Trek. You pay the power company for power and the replciator uses whatever mass supply you give it and creates anything you need. Why would you go to Walmart ? Its more efficient. No issues of stock, distribution, staff etc... all the things which add value to the production of packaged goods which drives walmart goes out the window with such an in home production ability.

      Well computers have not reached the point of phsycial reproduction but they have reached that level with digital reproduction and they have ripped out a hell of a lot of the value of packaged media. The role of the middle man is changing.

      As for intellectual property rights there is a serious issue but there is a very sticky promblem with P2P. The RIAA, the artists etc are not missing out on any money. After all 10% of nothing is nothing. People are not making money on P2P file sharing. Any who are should be prosecuted for itellectual property rights infringement. This issue is why the RIAA is trying so hard to establish the precedent that possessing a copy you didn't pay for represents lost revenue to them. That exchange of files on a P2P network represents an economic transaction. Free exchange is something the letter of the law has a very difficult time dealing with which is also driving the RIAA's desire for specific laws regarding copying.

      --
      I don't ask you to be me. I only ask you not expect me to be you.
  3. This probably won't fly by stevezero · · Score: 3, Interesting

    Most courts in an illegal contract will just leave the parties as they stand, unless one party can show less culpability such that they should be allowed some relief. The court could construe that by advertising a copyrighted work on a P2P network, that in itself is illegal, and therefore, whoever recieves that file would not be able to claim that they were defrauded by getting a fake file. While it's a nice conflict of law here, I don't think it will fly.

    1. Re:This probably won't fly by Blue+Stone · · Score: 1
      The court could construe that by advertising a copyrighted work on a P2P network, that in itself is illegal, and therefore, whoever recieves that file would not be able to claim that they were defrauded by getting a fake file. While it's a nice conflict of law here, I don't think it will fly.

      However, from the article:

      Moreover, there is nothing in the FTC Act that says "deceptive trade practices" are permitted if done for a good reason, or against people we don't like.

      Imagine if a person was in midtown Manhattan selling what you assumed were pirated DVD's -- say X-Men 2. You plunk down your $5 (such a deal) and voila! -- a blank CD-ROM.

      The seller would be liable for fraud or deception -- even though you thought you were purchasing a pirated disc.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    2. Re:This probably won't fly by Black+Copter+Control · · Score: 1
      Moreover, there is nothing in the FTC Act that says "deceptive trade practices" are permitted if done for a good reason, or against people we don't like.

      The thing about participating in something illegal is a well-entrenched legal concept known as 'unclean hands'... Basically, it's that people involved in an illegal act tend not to have much right to go running to the court to complain about how the deal falls apart.

      Now, in this case, the RIAA is making files available in response to the fact that people are sharing stuff that they think they deserve to be paid for.. Problem is that the law says that they're in the right.

      In the case of spam the FTC is responding to people doing shit to get you to view their advertisment.. In the case of the RIAA, they're doing all sorts of stuff to discourage you from 'stealing our stuff'.
      If you try to sue them on this, you're going to get laughed out of court -- assuming that they don't counter-sue you for $50,000. .. One thing that I would suggest is that you really intend to follow this line, that you go in with absolutely clean hands -- i.e. you've only ever downloaded tracks that you've already bought and you have never had copyright files available for upload.... (oh... but people who fit that rule tend not to be interested in sucking thes files down/??? oops-- too bad).

      The real answer to this is stop downloading RIAA artists! There are a lot of really good artists out there that aren't being carried by these geeks. They deserve (and could heartily use) your support. I've even got files from two different groups of friends online on my own web pages: Theda -- a friend of mine with a beautiful voice (I'd call it a mix of Enya and the Eurythmics). and Phat Tank a rather interesting funk-style group put together by some friends of mine.

      Spread it around... Find friends who do good music and get permission to put their music on the net. Let people the world have access to real music.

      --
      OS Software is like love: The best way to make it grow is to give it away.
  4. How ironic... by Anonymous Coward · · Score: 5, Funny

    I spent ages on KaZaA looking for the fuck off Madonna track, filling my computer with propert Madonna material.

    1. Re:How ironic... by falsified · · Score: 1
      This is slightly off-topic, but before the media begin to use the Madonna tirade as "proof" that artists don't like p2p, this needs to be known:

      Madonna owns a record label. I believe the one she owns is Matador.

      Same with Metallica and Dr. Dre, the only two artists to loudly speak out against Napster.

      They aren't speaking as artists, they're speaking as executives.

      --
      HI, MY NAME IS ISAAC.
  5. it begins... by sTalking_Goat · · Score: 2, Funny

    The historians can't seem to settle whether to call this one "The Third Net War" (or the fourth), or whether "The First P2P War" fits better. We just call it "The **AA War." Everything up to then and still later were "incidents," "patrols" or "police actions."...

    --

    My days of not taking you seriously are certainly coming to a middle...

    1. Re:it begins... by Anonymous Coward · · Score: 0

      You only need one *, or better still, ??.

      Otherwise you would also take out the Automobile Associate of America, the Automobile Association and Alcholics Anyonymous.

    2. Re:it begins... by PetWolverine · · Score: 1

      Nah, ?? wouldn't do it, because then KazAA wouldn't match. *AA it is. Except to include Kazaa, you'd have to ignore case. Assuming we're talking about arguments passed to grep, that makes the term -i *aa. Getting a little long, isn't it?

      --
      I found the meaning of life the other day, but I had write-only access.
  6. Don't need Kazaa by Anonymous Coward · · Score: 5, Insightful

    RIAA members are going to see their sales shrink again this year. Kazaa is only one manifestation of the mp3 trading that will doom them. Many I know, don't use Kazaa, they just trade with friends via CD-R, DC++ and S-FTP.

    I was driving near the airport in SF in Feb. I looked at the car next to me. I saw a teenage girl leafing through a 3-ring binder full of CD-R's with band/album names drawn on the CD-R with a black marker. With or without Kazaa and public p2p, these guys are going to lose another 10% this year.

    Musicians will have to make a living from live performances.

    1. Re:Don't need Kazaa by glitch! · · Score: 4, Insightful

      I saw a teenage girl leafing through a 3-ring binder full of CD-R's with band/album names drawn on the CD-R with a black marker.

      And that means what exactly? Could it be that she is smart enough to leave her originals at home where they are safe? That's what I do. If my car CD-R's get damaged by sun or careless handling, I just burn a new one from my original. I'm sure a lot of people do this for exactly the same reason.

      --
      A dingo ate my sig...
    2. Re:Don't need Kazaa by caino59 · · Score: 1

      Musicians will have to make a living from live performances.

      what's so bad about that?

      well, of course, unless they suck...they will starve. i have no problem there, get rid of all the garbage out there.

      I support bands I like, I faithfully purchase cd's of bands that deserve my money.

      oh, and allthose cd's have been copied, and I use the copied versions instead, as it doesn't matter when the copies get scratched/destroyed.

      I have lost many a CD through theft and just scratches. Lost a couple to actually just being played so much (yes, the laser eventually burned visible lines in the disc)

      I've already purchased the CD, so why in the heck should I have to purchase another one?

      and if i don't ahve it backed up, shouldn't I be able to go d/l it somewhere?

    3. Re:Don't need Kazaa by mizidymizark · · Score: 3, Funny

      I saw a teenage girl leafing through a 3-ring binder full of CD-R's with band/album names drawn on the CD-R with a black marker.

      Yes, but the real question is, did she respond to the "Show me your boobs" sign that you have in the rear window of your car?

    4. Re:Don't need Kazaa by Boss,+Pointy+Haired · · Score: 1

      my car CD-R's get damaged by sun or careless handling

      Not to mention getting stolen - the car or just the CDs.

    5. Re:Don't need Kazaa by Anonymous Coward · · Score: 0

      suuuuuuuuure... thaaaaaaat's what she's doing... good call!

    6. Re:Don't need Kazaa by keirre23hu · · Score: 5, Insightful

      I hope that the lawyers for Kazaa etc... can find some means to sue.. the reason the recording industry is losing money (if thats even true) is because they have a broken marketing model... want to make money? give customers what they want and adapt to market and economic trends.. want to lose money? criminalize your customers and piss them off with "features" like DRM and CD's you can copy/play in all CD players..

    7. Re:Don't need Kazaa by Anonymous Coward · · Score: 0

      Goddamn that's retarded. Let's assume for a moment that all artists can support themselves by touring. In a future without any respect for copyright whatsoever, live music will be all there is, because how are artists supposed to pay for expensive studio sessions when the albums they sell aren't going to make any money? (Home recording studios are somewhat practical for a few genres such as punk, but impractical for virtually everything else, and there's still no substitute for professional work.) What's more, looking back, some of the finest music of the last fifty years has been made by people who simply could not tour, such as the Beatles. (Part of it was stress, and part of it was that songs like "Eleanor Rigby" simply couldn't be performed live.) I give little credit to a business model that in retrospect might lead to "Sgt. Pepper" or "Abbey Road" not even existing.

    8. Re:Don't need Kazaa by secolactico · · Score: 1

      Not to mention getting stolen - the car or just the CDs

      Ah... painful memories...

      I had to train my dog to sleep in the car to keep it from being stolen for the third time. Now the car smells so bad, no thief would ever consider breaking in...

      --
      No sig
    9. Re:Don't need Kazaa by wavedeform · · Score: 1
      Musicians will have to make a living from live performances.

      Unfortunately, that's all but impossible. Making a living as a musician is an iffy proposition, at best. Most gigs pay quite poorly and expenses are high. There is a lot of unpaid rehearsal time to put in. Removing any little revenue stream can be disastrous.

      You might as well try writing shareware for a living as make a living as a musician.

    10. Re:Don't need Kazaa by hellswraith · · Score: 1

      I do it. It is funny how people can't see that sometimes there is a legit reason for doing things.

    11. Re:Don't need Kazaa by Jugalator · · Score: 1

      suuuuuuuuure... thaaaaaaat's what she's doing... good call! ... and that's exactly how RIAA think. Yeah, suuuure they complain about the price and stuff. They *really* just want those CD's for free and have no morale whatsoever... pirate scum!

      --
      Beware: In C++, your friends can see your privates!
    12. Re:Don't need Kazaa by Baki · · Score: 3, Insightful

      But still, a few years ago you'd have to buy the disc again in such cases. Nowadays you just burn again from the original. 100% legitimate of course, but it is costing them turnover compared to the old days.

      I can only hope that their profits shrink so fast that they cannot afford to buy laws much longer.

    13. Re:Don't need Kazaa by NoData · · Score: 1

      In a future without any respect for copyright whatsoever, live music will be all there is, because how are artists supposed to pay for expensive studio sessions when the albums they sell aren't going to make any money?...I give little credit to a business model that in retrospect might lead to "Sgt. Pepper" or "Abbey Road" not even existing.


      Bullshit. In a past where there was no copyright (at least not in modern form), music flourished. Bach? Beethoven? Mozart? Do you really think Lennon&McCartney would not have put down their visions on tape if it wasn't for some legal guarantor of sales? Do you really think John Lennon (of ALL bad examples!) walked into the studio saying "Right, lads! Let's make us a SHITLOAD of money!"

      Copyright emerged in regards to (and its earliest disputes concerned) two simple issues: Credit and profit. Don't take credit for someone else's work (really the root of copyright), don't make a profit off someone else's creativity. That's it. Sharing copies of music I own violates neither. "Piracy" properly defined should be limited to selling reproductions or knock offs misrepresented as the real thing. This is bad because it 1) dupes the consumer 2) dilutes the value of the real thing.

      Sharing does neither as long as you 1) share, don't sell. 2) everyone in the transaction knows they're providing and receiving a copy.

      That's it. It's that simple. And the "sharing dilutes value" argument is crap. It's value is only diluted if what you get isn't what was advertised. Art is intagible, has intagible value, the vanishing marginal cost of reproduction (nowadays) is a side effect. Yup, guess what, something that has near zero scarcity (i.e. transport media for reproducing musical art) is gonna have near zero value. Welcome to the free market. You know what IS scarce, though? Good art. Just like good science. There will always be a demand, people will always pay for artists to CREATE (not necessarily to distribute!). Shit, science is a great analogy: Academics give it away, every day, for free, to journals everywhere. They get paid. They're not living like rock stars, granted, but who says rock stars should live like rock stars? Industrialists? They go and patent their shit and it complicates everything (patents on methods? strategies? algorithms? intagibles? ideas?!)

      And ironically enough, scientists, as the last bastion of free information, are the group most obsessed with proper citation, reference, and general acknowledgement of credit.

      Intellectual property is an illusion. The sooner we come to grips with this unshakeable truth to sooner we can get over this next hurdle of human development.

    14. Re:Don't need Kazaa by NanoGator · · Score: 1

      "And that means what exactly? Could it be that she is smart enough to leave her originals at home where they are safe? That's what I do. If my car CD-R's get damaged by sun or careless handling, I just burn a new one from my original. I'm sure a lot of people do this for exactly the same reason. "

      According to Jack Valenti, it's perfectly reasonable to just buy new CDs/DVD's. (Note: Valenti makes at least 6 figures...)

      --
      "Derp de derp."
    15. Re:Don't need Kazaa by Patik · · Score: 1
      Musicians will have to make a living from live performances.
      And that's a shame, because they really don't have to. If they got an appropriate royalty for each CD sold, and the CDs were cheaper, we wouldn't have such a big piracy problem and the musicians would be far from starving.
    16. Re:Don't need Kazaa by benow · · Score: 1

      > Musicians will have to make a living from live performances. ... or donations.

    17. Re:Don't need Kazaa by Imperial+Tacohead · · Score: 1

      How was John Lennon supposed to put down his vision on tape without copyright? The technology used on "I Am the Walrus" wasn't cheap (at the time, seems sort of primitive now). Orchestral arrangements for songs like "Eleanor Rigby" aren't cheap. It's not that artists won't create art without copyright; it's that their ability to do so will be severely compromised.

      Also, I wish people would stop citing Bach or Mozart. Unless you really advocate returning to a time where a wealthy aristocracy serves as the only support (and, consequently, the only audience) for music, you ought to accept that the situations are not comparable.

    18. Re:Don't need Kazaa by NoData · · Score: 1

      It's not that artists won't create art without copyright; it's that their ability to do so will be severely compromised.

      Post hoc ergo propter hoc? Copyright->expensive studio time? Copyright->profit? What basis do you have to suppose the Beatles or any other talented artist wouldn't profit handsomely from their efforts even without copyright? And, in any case, I don't advocate the elimination of copyright wholesale, just(!) a radical rethink of its current draconian and misguided implementation. Some artists clamor against P2P, some for. ALL the major labels VOCALLY oppose it. There's is an obviated service.

      And, though it's oft mentioned, look at the adult movie industry. Doing well. Extremely well. What do they not do well? Protect their copyrights. Art--well, entertainment at least--will happily continue in an IP-free world.

      Also, I wish people would stop citing Bach or Mozart. Unless you really advocate returning to a time where a wealthy aristocracy serves as the only support (and, consequently, the only audience) for music, you ought to accept that the situations are not comparable.

      Ha! And what do you think the current situation is? Record labels ARE the modern "wealthy aristocracy" that hold their artists on retainer and supports their music production. The difference between nobility comissioning artists and modern record companies is that nobility commissioned art for art's sake...The record companies commission art for profit's sake. They are pimps, pure and simple. They offer "promotion' and "protection."

      And that's not to say there isn't a place for agents, promotions, perhaps even distribution in the future. But the scale and nature of it will be (or ought to be) radically rethought. The labels provide a service, but self-preservation at all legal costs shouldn't be one of them.

      And frankky, returning to Eleanor Rigby, the truth is production costs are not what they used to be. Wasn't there a recent Slashdot post exactly to that effect? With platforms like Pro Tools, etc., the landscape for production is changing, just as the landscape for distribution did.

      Regardless, don't kid yourself...the labels take studio costs out of the group's cut off the top...before a single record is sold.

    19. Re:Don't need Kazaa by Anonymous Coward · · Score: 0
      $20 per CD
      x 4 CDs/Page
      x 20 pages
      ------
      $1,600
      Would you leave $1600 worth of CDs in your car?
    20. Re:Don't need Kazaa by Imperial+Tacohead · · Score: 2, Insightful

      The Beatles would profit handsomely no matter the circumstances; artists of their talent would find a way. But I'm not convinced that they'd have the same capability to create their art in a system alternative to the one we have now. If you take the profit out of studio work, then just as a practical matter a musician's focus would have to be turned towards touring. There are several problems with this that I can see. First of all, there'a a goodly amount of beautiful music that can't be performed live ("Eleanor Rigby" is getting tired, but how about "A Day in the Life"?). Second, performing live puts a tremendous strain on many artists, which incidentally is why the Beatles gave it up. It seems probable that the group might not even have existed at the times when they put out the White Album and Abbey Road had they been forced to put up with each other on the highway after 1965(?). Third, and this is related to the first two, is that there are some artists who make beautiful music, but cannot perform in front of an audience particularly well, e.g., Van Morrison. The original poster had said, "musicians will have to make a living from live performances," and the point is, I sure hope not, because that may well turn out to be a net loss for society.

    21. Re:Don't need Kazaa by Anonymous Coward · · Score: 0

      "Musicians will have to make a living from live performances."

      Thats a bit harsh, I wouldn't want the people who make my music have to do work for my money.

    22. Re:Don't need Kazaa by IamTheRealMike · · Score: 1
      give customers what they want and adapt to market and economic trends.. want to lose money?

      The problem being of course that their "customers" want their music for free, and that involves them losing money. I have some sympathy for them. They are hardly pure and innocent here, but the fact is that an entire generation of people have allowed themselves effectively flout the law because "everybody does it, it's market conditions". Not healthy. Not healthy at all.

    23. Re:Don't need Kazaa by NoData · · Score: 1

      People will still buy studio albums. People will still buy merchandise. And people will buy concert tickets.

      Eminem is filthy rich in the time of Kazaa. Britney and NSYNC did just fine in the time of Napster.

      And this is the "best" (i.e. most popular) the labels have to offer us right now.

      Apple sold $100,000 worth of music in their first 72 hours of online store operation. And they represent, what, 3%, at most 5% of the computing populace?

      Will distributing music/movies be the road to riches that it is today? The market should decide, not lawyers.

    24. Re:Don't need Kazaa by Imperial+Tacohead · · Score: 1

      So we agree in disagreeing with the original poster, fine. And I agree with you, that if everything works out as well as you hope, that it will be a great bonus for society. I don't quite share your optimism, but hey, we'll all find out in the next ten years or so.

    25. Re:Don't need Kazaa by poptones · · Score: 1
      Not entirely true. Musicians will be able to make money the same way the record companies make their money now - through licensing deals with corporations, through distribution of recordings, through liver performances as well.

      The only difference is "the middleman," rather than some cabal of coked out middle agers in Hollywood, will be virtual - "the hive mind."

    26. Re:Don't need Kazaa by keirre23hu · · Score: 1

      I know this is a lil off topic, but to respond to your post:

      I can agree with you.. there are some people who always want something for nothing.

      I can only speak for me, when the product and the price match up I will again start buying CD's... I know many others who feel the same.

      I also have a problem knowing that every dollar I spend on CDs has the potential to contribute to efforts to hack people's computers and disable them because of "illegal" mp3s, as well as to criminalize fair use in the name of stpping the evil copyright infringers. How is the RIAA able to distinguish between fair-use and copyright violations. As I remember there was a post here recently that discussed the fact that they (major labels) release less music now, and we all know the quality is not as good as it has been, so they are setting themselves up for losing money, P2P looks like a convenient excuse. People have been pirating records for years, I am a student in DC, and people have been selling bootlegs on Georgia Avenue and other places long before Kazaa, Napster, or whatever else came out.

      Back to the topic, legal action needs to be taken against the labels. Since when is it okay to pre-emptively attack a potential copyright infringer? If this is legal, can I hack people's computers because they ping scan my LAN? I know this is not the best analogy,but my point(s) are, 1. it is ridiculous to make the majority of consumers suffer for a few extreme pirates (especially when the effect of said pirates is being severely overstated) and 2. Breaking the law to have revenge against someone else who breaks the law is unacceptable.

    27. Re:Don't need Kazaa by anagama · · Score: 1

      In fact, the Bellingham (WA) Police Department sent out letters last year suggesting using cd-rs to reduce car prowling - can't pawn a cd-r

      --
      What changed under Obama? Nothing Good
    28. Re:Don't need Kazaa by PetWolverine · · Score: 1

      If at first you don't succeed, try, try again. Then quit; there's no point in making a damn fool of yourself.

      Maybe the RIAA should take your advice...

      --
      I found the meaning of life the other day, but I had write-only access.
    29. Re:Don't need Kazaa by Demon+of+the+fall · · Score: 1
      But still, a few years ago you'd have to buy the disc again in such cases. Nowadays you just burn again from the original. 100% legitimate of course, but it is costing them turnover compared to the old days.

      No - a few years ago, people had tape decks in their cars... And they played tapes copied from their original tapes and original CD's... Where's the difference?

      --
      Be an elitist - read Slashdot at +4.
    30. Re:Don't need Kazaa by cweber · · Score: 1

      ... there'a a goodly amount of beautiful music that can't be performed live. "Eleanor Rigby" is getting tired, but how about "A Day in the Life"?

      I saw that very tune performed live last year, along with the rest of the Sgt. Pepper's album. Everything, down to the last note, including "Within You, Without You". See http://www.rockola.com/beatles.html
      Granted, it's hard, but not impossible.

      As to Eleanor Rigby, Paul McCartney had this one in his first set on the Trippin' The Life Fantastic tour in the early 90s. Preserved on the double CD of the same name.

      So, I don't know what you are talking about here.

    31. Re:Don't need Kazaa by hellswraith · · Score: 1

      No I wouldn't, but that is why I said I do it. I copy my cd's and put the copied ones in the car.

  7. This month's topic in IEEE Spectrum Magazine by Cerlyn · · Score: 4, Informative

    IEEE Spectrum Magazine's topic for the month of May is "Invasion of the Music Snatchers." A number of copying and filesharing attacks and counterattacks are discussed.

    Many of this month's articles are online, but if you are not an IEEE member you are limited to the "publicfeature" URL's.

    1. Re:This month's topic in IEEE Spectrum Magazine by CACraw · · Score: 1

      So, does anyone have the eDonkey link to the members only IEEE content?

  8. This of course will force the networks to evolve by Anonymous Coward · · Score: 5, Insightful

    Flooding networks with spam files will just result in networks becoming smarter to route around the garbage. Suppose for example that new p2p networks use a weighted reputation system where individual content files can be rated by the users of the network. Of course, positive ratings by users who have good reputations would indicate that the file is good, likewise negative ratings for a file by reputable individuals would indicate that the file is garbage. Similar to how these comments are rated on Slashdot.

  9. If they're going to fight back... by QuasEye · · Score: 2, Insightful
    ... I'd have to say that this is the right way to do it. That is to say, without destructively draconian legal maneuverings, and without illegally unauthorized access of other's machines. Besides, at worst, all this does is make it take longer to find what you want. If they want to fight back this way, more power to them. If they want to take away my right to fair use in order to prevent so-called piracy, then they're seriously mistaken if they think I'll support them in it.

    It's their own customers they're risking alienating. If they fight fair, they'll win, and deservedly so. If not, then there will be consequences. It's as simple as that.

  10. This isn't new. by /dev/trash · · Score: 2, Interesting

    I used to do this a lot when you had to upload 2 songs for every one you downloaded via ftp.

    1. Re:This isn't new. by Anonymous Coward · · Score: 0

      I too will hunt you down and perform various unspeakable acts.

    2. Re:This isn't new. by hesiod · · Score: 1

      > I used to do this a lot when you had to upload 2 songs for every one you downloaded via ftp.

      I love how there are 5 replies calling you a sonofabitch, and I'll bet that at least one of them has done the exact same thing, if not more than that. I did the same thing for porn, back B4 the Web became my home.

    3. Re:This isn't new. by Anonymous Coward · · Score: 0

      Don't ever compare me to someone who uses such inane abbreviations as "B4", you sad sack of fuck. Ever.

  11. explain this to me by Anonymous Coward · · Score: 0

    what im wondering is why these "corrupt" files are a threat to p2p. how can they they propogate on something like kazaa? seems to me bogus files would be deleted by the user in an instant.

    1. Re:explain this to me by the-dude-man · · Score: 4, Interesting

      you really havent been on kazza much have you?

      I've backed up my home directory, all my software devlopment stuff..and docs...totaling about 650 megs after bzip...i gpg it with a 4096 bit key...then name it blade2.dvd.rip.avi and share it on kazza...ii did that 2 months ago and when i do a search for it i still find it on peoples shared folders..for some stupid reason people just dont delete stuff that turns out to be bad more often than not.

      Ah well...kazza makes a great backup system

    2. Re:explain this to me by Anonymous Coward · · Score: 0

      True BOFH style :D I like it...

    3. Re:explain this to me by Luigi30 · · Score: 1

      True BOFH style would be one that makes your computer send porn images of your wife to the entire office and send 100 copies to The Boss and The CEO...

      --
      503 Sig Unavailable

      The Signature could not be accessed. Please try again later or contact the administrator
    4. Re:explain this to me by Blue+Stone · · Score: 4, Funny
      " I've backed up my home directory, all my software devlopment stuff..and docs...totaling about 650 megs after bzip...i gpg it with a 4096 bit key...then name it blade2.dvd.rip.avi and share it on kazza.."

      So you're the bastard responsible! I spent 7 days downloading that on dial-up!

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    5. Re:explain this to me by actor_au · · Score: 1

      I donwloaded a rather shite copy of Ghost World, unfortunatly by the time I got around to watching the first half of this wonderfully taiwanesed dubbed(bottom of the screen), russian dubbed(top of the screen), greek dubbed(On top of the russian) I had already downloaded about 85% of the second half.
      Instead of stopping it, I finished the download and kept them in their shared folder.
      Everytime someone tried to get them I messaged them

      This Copy Of Ghost World Sucks.

      With a list of reasons.
      Unfortunatly for internet pirates as a whole I had to dump the files.
      But thats one reason I kept/keep poor quality file('s).

      --
      Read Errant Story.
    6. Re:explain this to me by Fjord · · Score: 1

      I downloaded a copy of Ghost Dad and it was pretty similar. It wasn't dubbed, and didn't have subtitles, it just really sucked.

      --
      -no broken link
    7. Re:explain this to me by the-dude-man · · Score: 1

      hehe....what can i say....they got to me...they offered me free music and porn! What was I to do?

    8. Re:explain this to me by glesga_kiss · · Score: 1
      Many people keep 1% partial download of the file, but rename it to indicate the problem, e.g.

      Ghost World - bad sound, bad video.avi

      Then, when people search, they will see your file name.

  12. Verified downloads by Knacklappen · · Score: 4, Informative

    KaZaA Lite has a webpage with verified downloads (seems to be under construction, right now). Or just google. That simple.
    Despite this, there is a rating system in KaZaA Lite.

    --


    Excellence: Moderate (mostly affected by comments on your karma)
    1. Re:Verified downloads by Anonymous Coward · · Score: 1, Interesting

      Despite this, there is a rating system in KaZaA Lite.

      Yes but it isnt worth shit. I downloaded an "Excellent"-rated copy of a Zwan song only to find it was a 10 second repeating loop for 3-4 minutes.

    2. Re:Verified downloads by Anonymous Coward · · Score: 5, Funny
      I downloaded an "Excellent"-rated copy of a Zwan song only to find it was a 10 second repeating loop for 3-4 minutes.

      Sounds like a description of most "pop" music to me.

    3. Re:Verified downloads by Anonymous Coward · · Score: 0

      There's also Bitzi.

    4. Re:Verified downloads by cyril3 · · Score: 1

      Billy's voice does that to me as well.

  13. This will just accelerate the development of by defile · · Score: 4, Insightful

    ...P2P trust model infrastructures.

    It looks like the RIAA/MPAA are driving innovation, for a change.

    1. Re:This will just accelerate the development of by anthony_dipierro · · Score: 1

      It's pretty hard to build a universal trust model when you're trafficking in an illegal product. In fact, it's pretty much impossible. You'd have to have anonymity and accountability at the same time, over a digital network. It's basically anonymous e-cash, one of the holy grails of the internet.

      On the other hand, it might be legal to distribute a list of MD5 checksums of legitimate songs. Then you could have some accountability, at least.

    2. Re:This will just accelerate the development of by defile · · Score: 1

      It's not the user that must be authenticated, only the content.

      And that's easy.

    3. Re:This will just accelerate the development of by anthony_dipierro · · Score: 1

      If the user isn't authenticated, how do you stop the RIAA from authenticating all the fucked up content?

    4. Re:This will just accelerate the development of by hesiod · · Score: 1

      > It's pretty hard to build a universal trust model when you're trafficking in an illegal product.

      The product itself is not illegal at all. It is the act of copying it without permission that is illegal. If you already "own" a copy, you can download this (according to you) "illegal product" legally. In no scenario can you really get illegal things legally, with the exception of licensed professionals (ie, researching pot requires having some)

    5. Re:This will just accelerate the development of by anthony_dipierro · · Score: 1

      The product itself is not illegal at all.

      Can you think of any which are?

      If you already "own" a copy, you can download this (according to you) "illegal product" legally.

      No you can't.

  14. Insults now? by WildBeast · · Score: 1

    "What the f*ck do you think you're doing?"???

    I guess when the RIAA doesn't have any arguments, insults are the next best thing.

    1. Re:Insults now? by Anonymous Coward · · Score: 0
      I guess when the RIAA doesn't have any arguments, insults are the next best thing.

      That more accurately captures copyright violaters' views towards the RIAA's dumping on Kazaa. Hmmm... Guess the shoe is on the other foot now. I guess total anarchy isn't such a great idea after all. I await the opportunity to point out the hypocrisy of those who accuse the RIAA of not obeying law, whether it is the Bill of Rights (which does not protect copyright infringers) or some other snippet of the US code.

      I'll just sit back and laugh at all the sad, sorry sacks who thought that it was their right to take the fruits of someone else's labor without just compensation.

      Enjoy your empty files!
    2. Re:Insults now? by WildBeast · · Score: 1

      I couldn't care less because I don't download those types of files and I don't really listen to music. Now spamming on the other hand is a crime.

  15. bring it on by Anonymous Coward · · Score: 0

    Oh ya the cold war between riaa/mpaa and geeks is getting hotter!

    You can't win.

  16. Dude... by Faust7 · · Score: 1, Interesting

    "What the f*ck do you think you are doing?"

    Isn't that harassment? Kazaa is so far a legal program. Until it's declared otherwise I don't think I should have to deal with obscenities screamed at me by one group that doesn't like what I'm doing.

    1. Re:Dude... by Kizzle · · Score: 0, Troll

      What would you say if someone walked into your house and started stealing shit, are you going to say "please mister, could you be so kind as to not steal my stuff, thank you. Oh and by the way what do you think of this weather"?

      Didn't think so

    2. Re:Dude... by egomaniac · · Score: 3, Insightful

      Until it's declared otherwise I don't think I should have to deal with obscenities screamed at me by one group that doesn't like what I'm doing.

      Ironic, isn't it, how quickly we forget about the First Amendment when it's somebody else's speech being protected instead of our own?

      Asking somebody "What the fuck do you think are doing?" is not in any way, shape, or form illegal. So yes, you do have to deal with them saying that. Why is this country so hellbent on destroying the idea of free speech?

      --
      ZFS: because love is never having to say fsck
    3. Re:Dude... by _typo · · Score: 1

      Ironic, isn't it, how quickly we forget about the First Amendment when it's somebody else's speech being protected instead of our own?

      My country's constitution isn't the same as your's but it doesn't protect the right for other people to force their speech on me. If the US constitution is diferent you need a few more amendments.
      --

      Pedro Côrte-Real.

    4. Re:Dude... by egomaniac · · Score: 1

      My country's constitution isn't the same as your's but it doesn't protect the right for other people to force their speech on me. If the US constitution is diferent you need a few more amendments.

      I'm not sure how you downloading an MP3 and listening to it would count as them "forcing their speech" on you in any country in the world. I'm also not sure what you mean by "forcing" in the first place -- if somebody ties you up and forces you to listen to them, it's the tying up that's the problem, not the speaking. How do you force someone to listen to you, otherwise?

      Or was your post just an excuse for the standard Slashdot America-bashing?

      --
      ZFS: because love is never having to say fsck
    5. Re:Dude... by anthony_dipierro · · Score: 1

      I'm not sure how you downloading an MP3 and listening to it would count as them "forcing their speech" on you in any country in the world.

      But you do understand how you downloading an email and reading it counts as a spammer "forcing their speech" on you? Interesting.

    6. Re:Dude... by siteTHREE · · Score: 1

      When you download a song you are choosing to receive that file and it's contents. The files don't just arrive by themselves, you have to go out and request them. It's this requesting of them that opens you up to the fact that they might be anything. Spam is sent to you without request. This is where it's forced upon you.

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

      So you can't see the difference between a person sending unsolicited advertisements to your personal address and a person actively participating in illegal file trading and discovering that some of those files aren't what they seemed to be? Interesting.

      FWIW, I'm not a big supporter of anti-spam laws since I don't receive enough for it to be a bother and I can quickly delete it when I do see it. Just pointing out that there is a difference.

    8. Re:Dude... by anthony_dipierro · · Score: 1

      When you download a song you are choosing to receive that file and it's contents.

      And the RIAA is sending a different file and contents.

      Spam is sent to you without request.

      No it isn't. It's only sent to me when I hit "receive."

    9. Re:Dude... by anthony_dipierro · · Score: 1

      So you can't see the difference between a person sending unsolicited advertisements to your personal address and a person actively participating in illegal file trading and discovering that some of those files aren't what they seemed to be?

      Huh? Of course I can. Actually, I can't even see the similarity.

      What I don't see is the difference between a person sending unsolicited advertisements and a person sending unsolicited mp3s. And don't try to tell me that the mp3s are solicited. What is solicited is the mp3 of the song, not someone asking me what the fuck I'm doing. Just like what is solicited when I put my email address on slashdot is personal email, not viagra advertisements.

      The only difference is that the victim in the mp3 case is breaking the law. But you can't use that to separate the two, unless you're going to legalize vigilante justice.

    10. Re:Dude... by _typo · · Score: 1
      I'm not sure how you downloading an MP3 and listening to it would count as them "forcing their speech" on you in any country in the world.
      Since they're going out of their way to trick you into listening what they have to say they're indeed forcing you to listen.
      Or was your post just an excuse for the standard Slashdot America-bashing?
      No, it wasn't.
      --

      Pedro Côrte-Real.

    11. Re:Dude... by Straif · · Score: 1

      The RIAA is sending you a file that has different than EXPECTED contents but it is not in any way an invalid/illegal file. They can name their blank file anything they want, it's your problem for downloading it.

      And this is without a doubt different from spam. You receive spam when it is sent to your server not your machine. Just because you don't hit "receive" for a few days at home does not mean there aren't 3000 pieces of spam filling up your email account. Do you think you ISP casres that you did or didn't open your email client.

      Downloads on the other hand are only sent when you request them. The fact you get something you weren't expecting is your own damn fault. If you want to get illegal warez/mps/vids accept the fact that the RIAA will try to make you life a living hell.

      --
      Of course that's just my opinion...... you could be wrong!
    12. Re:Dude... by The+Creator · · Score: 1

      Ironic, isn't it, how quickly we forget about the First Amendment when it's somebody else's speech being protected instead of our own?

      Does freedom of speach imply the right to lie about the contents of your message?

      It has been discussed earlier here but the discussion was rather inconclusive.

      --

      FRA: STFU GTFO
    13. Re:Dude... by TPS+Report · · Score: 1
      [in a discussion about how receiving unsolicited spam is, apparently to some people, just like receiving incorrect files from a P2P app]...
      Spam is sent to you without request.

      No it isn't. It's only sent to me when I hit "receive."
      Incorrect.

      In P2P, the file stays on the senders drive until you search it out, retrieve it, and initiate a transfer. Nobody can start 'pushing' files at you in P2P. The receiver initiates the transfer.

      In spam, the sender initiates the transfer, WITHOUT any request from the recipient. The recipient has no say in the transaction.

      "But, I only receive the spam when I click the button! So I am choosing to receive the spam."

      You've apparently totally forgotten about your ISP's T3 lines, mail servers, and hard drives. You pay for all of those, and that is exactly where the spam waits for you, until you pick it up.

      Just because you haven't picked up your mail [from your mailbox, similar to the postal service] doesn't mean you haven't already paid for it. You have -- you just haven't picked it up. You're still paying the middleman for it, though.

      ISP's buy bigger drives when they run out of space, faster processors when the load gets too high, and bigger pipes when the existing T3s dont handle the traffic. You realize all of that cost is paid for by the customer, which is of course, you.

      The problem with spam, and the problem of people sharing incorrect files are completely seperate issues. I hope people keep them VERY seperate, because I do not wish for a favorable ruling for the RIAA to create some extra loopholes in the law for spammers.
      --
      I was told that I could listen to the radio at a reasonable volume from nine to eleven...
    14. Re:Dude... by Anonymous Coward · · Score: 0

      "What the F*ck do you think you are doing?"
      Where's the parental advisory label on this one?

      The ommision is clearly fraud. Since it is represented as the song that doesn't have or need the parental advisory label for the word "F*ck" the new "lyrics" to American Life submitted by the Warner Brothers Artist Madonna violate that.
      I hope some parents sue.

    15. Re:Dude... by anthony_dipierro · · Score: 1

      You receive spam when it is sent to your server not your machine.

      I don't have a server.

      Downloads on the other hand are only sent when you request them.

      Likewise emails are only sent after you accept the TCP/IP connection.

      The fact you get something you weren't expecting is your own damn fault.

      The fact you get something you weren't expecting is your own damn fault.

    16. Re:Dude... by anthony_dipierro · · Score: 1

      Nobody can start 'pushing' files at you in P2P.

      Depends on the P2P app.

      The recipient has no say in the transaction.

      The recipient is free to accept or decline the TCP/IP transaction. Besides, if there's no say in the transaction, then why are we only blaming spammers? Why not blame anyone who sends me email? Because some emails are wanted, and others aren't. Likewise, some mp3s are wanted, and others aren't.

      You've apparently totally forgotten about your ISP's T3 lines, mail servers, and hard drives.

      No, I was talking about me, not the ISP.

      You pay for all of those, and that is exactly where the spam waits for you, until you pick it up.

      I don't pay for my ISPs T3 lines, mail servers, or hard drives.

      Just because you haven't picked up your mail [from your mailbox, similar to the postal service] doesn't mean you haven't already paid for it. You have -- you just haven't picked it up. You're still paying the middleman for it, though.

      Right, but I choose to do that, because I feel that the benefits from receiving email minus the drawbacks, is worth it. Just like I pay for the middleman for downloading mp3 files. There's no difference.

      The problem with spam, and the problem of people sharing incorrect files are completely seperate issues.

      The only difference you have pointed to is who initiates the TCP/IP connection. And that's not even true in all P2P protocols. The costs issue is not a difference. ISPs pay for traffic whether it's spam or mp3s.

    17. Re:Dude... by hesiod · · Score: 1

      > > You receive spam when it is sent to your server not your machine.
      > I don't have a server.

      Then you don't have an EMail address and Spam isn't an issue. If you do have some way to receive EMail, then you have a server. Just because you don't understand the concept doesn't mean you are right.

    18. Re:Dude... by hesiod · · Score: 1

      > I don't pay for my ISPs T3 lines, mail servers, or hard drives.

      You get free Internet access? (And I don't mean your university, if you pay tuition or fees, that money is handled the same way) You lucky bastard. For those that have to pay for access, though, they give the money to the ISP & the ISP uses that money to pay for the equipment. Without that money, there is no equipment, so in essence (even though not directly) you are paying for that equipment.

    19. Re:Dude... by anthony_dipierro · · Score: 1

      Then you don't have an EMail address and Spam isn't an issue.

      Huh? I have an email address. But I don't have a server.

      If you do have some way to receive EMail, then you have a server.

      No, someone else has a server. I don't.

    20. Re:Dude... by anthony_dipierro · · Score: 1

      My ISP doesn't have any mail servers or hard drives. As for T3s, I'd like to see you use P2P without any of them.

    21. Re:Dude... by Geekbot · · Score: 1

      Madonna can ask whatever the fuck she wants. But if she uses deception, fraud, to get me to listen to her, and to get 1000's of others to listen to her, then yes, I'd say that's probably fucking illegal. If she deceives 1000's of people into wasting their time, bandwidth, hard drive space, electricity, into downloading her publicity stunt sound bite I would definitely say that's illegal. Especially when those resources she is tricking an American citizen into wasting are used as a marketing ploy to get people to buy her CD's, or in other words, wasting your money to make some for her.
      If I started a newspaper, sold you a copy for 10 cents, put on the front page that inside I had pictures of Madonna naked, then when you opened it I had a political rant and no naked pictures, I would have been using fraud to deceive you into spending your money in order to make money myself.

      Now, I wouldn't have bought Madonna's CDs in any case, so Madonna isn't out a dime if I've listened to her music. However, many fans of Madonna that downloaded her song were cheated out of their system resources and time. Of course, any real fan would end up buying her CD anyway, whether they had the MP3 or not. Madonna knows this. The MP3's are just advertising, something she could expect to get mixed into a song. That's why she had a cute sound bite instead of a boring speech, or a blank file altogether. Fortunately for me, I'd never listen to her songs, even for free.

    22. Re:Dude... by hesiod · · Score: 1

      > My ISP doesn't have any mail servers or hard drives. As for T3s, I'd like to see you use P2P without any of them.

      Your ISP is the first I have ever seen that doesn't have any computers -- that is amazing. As fot T3s, they are completely unnecessary for P2P, I don't know from where you got that strange idea.

    23. Re:Dude... by hesiod · · Score: 1

      > I have an email address. But I don't have a server.

      I'm sorry, I didn't realize you didn't know what a network was. For you to have Email, it has to be hosted on a computer called a server, therefore if you have an email address, you have to have a server on which to store that email. That's why you have access to a server.

      Now that you are coming up with some witty reply to why I can't read, or I'm an idiot, or some equally moronic thing...

      > No, someone else has a server. I don't

      You see, to function correctly in our world, we have to give some flexibility to our language, or else it would be impossible to learn. When I say "you have a server," it is assumed that I mean "you have access to a server." You knew what I meant perfectly well, yet you insisted on being an asshole simply for the purpose of inflating your ego. Let me assure you that no one thinks any higher of you because you can nitpick any sentence to death until the meaning changes. I could do the same to you...

      You don't really have an EMail address either, then. The address belongs to the company that hosts your Email, you are only paying for the right to use it.

      Try being a little more flexible in your life, and you might actually learn to communicate with strangers for once.

    24. Re:Dude... by anthony_dipierro · · Score: 1

      Your ISP is the first I have ever seen that doesn't have any computers -- that is amazing.

      I said it doesn't have mail servers or hard drives. I never said anything about not having computers.

      As fot T3s, they are completely unnecessary for P2P, I don't know from where you got that strange idea.

      Obviously I construed your use of the term T3 to include any size internet connection.

    25. Re:Dude... by anthony_dipierro · · Score: 1

      You see, to function correctly in our world, we have to give some flexibility to our language, or else it would be impossible to learn. When I say "you have a server," it is assumed that I mean "you have access to a server."

      Well, I think that's a key distinction. Someone else has the server. Someone else has to pay for the email I receive. So I am not paying for spam. Not directly. Not indirectly. Not sideways. Not up and down. Not at all.

      You don't really have an EMail address either, then.

      No, since I own the domain name to which I receive the email, I most certainly would say I do have an email address. It's just pointing to someone else's server at the moment.

    26. Re:Dude... by hesiod · · Score: 1

      > Obviously I construed your use of the term T3 to include any size internet connection.

      Ah, I see the confusion on that point... The original poster who mentioned T3 was not me.

  17. Remixed by Anonymous Coward · · Score: 5, Informative

    The "what the fuck" clip has already even been remixed. The site with the links for that is here.

    A screenshot of madonna's hacked site can be found here.

    1. Re:Remixed by glitch! · · Score: 1

      The "what the fuck" clip has already even been remixed.

      Heh, I was just about to ask that :-)

      Now here is a question for all the armchair lawyers. Since Madonna apparently recorded (and uploaded) this "song" for the express purpose of being shared on P2P, has she legally given blanket permission to the public to copy this file? Through her acts, has she surrendered her mechanical rights to the public? If so, then downloading and sharing this particular song would then NOT be a copyright violation, right? And this would make an interesting case where those "pirates" could at least make the (feeble) claim that they thought they were downloading Madonna's "what the fuck" song... :-)

      --
      A dingo ate my sig...
    2. Re:Remixed by Jugalator · · Score: 1

      Yeah, and what's even more funny is that you're now a hacker if you remix some music according to this CNN article. Time to update my definition of a "hacker", I suppose.

      --
      Beware: In C++, your friends can see your privates!
  18. Equitable Estoppel by cperciva · · Score: 4, Insightful

    Any legal action taken by the P2P companies against RIAA would fail under equitable estoppel (aka. the "clean hands doctrine").

    If the networks were simply being flooded with random garbage, they might have a case. But since the complaint is one of misrepresentation -- that the files appear to be valid copyrighted material -- the P2P networks clearly do not have "clean hands" with respect to people searching for those files.

    1. Re:Equitable Estoppel by wolf- · · Score: 1

      "Appear to be valid copyrighted material" put on the network by the copyright holders/protectors themselves.

      So, does this mean that the RIAA is offering copyrighted music for download but made a mistake when they setup their shares?

      Does this show intent to distribute?

      Does this weaken the copyright claims?

      --
      ----- LoboSoft specializes in Digital Language Lab
    2. Re:Equitable Estoppel by asreal · · Score: 1

      Not only is the legal grounds for their case shakey, it's stupid for the same reason the RIAA is stupid for using legal means to stop P2P. If your technology is broken, fix it. RIAA making Madonna's vulgar language look like the real fucking song? Fix your software so it can properly tell the difference. People would rather download music for free than pay for a cd? Find a way to profit from music downloading, either by using it as marketing or by charging, like Apple. Don't resort to legal means when innovation should suffice.

  19. Serves em right by santos_douglas · · Score: 5, Funny

    I just can't feel bad for anyone who intentionally tried to download Madonna 'music'.

  20. Re:This of course will force the networks to evolv by Anonymous Coward · · Score: 0

    "Similar to how these comments are rated on Slashdot."

    Yes, thats sure to work. What planet do you live on, I dont need to use a p2p client to use the network, roll youre own tools. Morals? What morals? As for ratings? I shall click "Hell yeah download this" on ever freaking shitty copy.

  21. should have known by Anonymous Coward · · Score: 0

    I guess i should have known that i was getting a fake file when i had 175 users. Oh well it was new weird al so no major loss =]

  22. Madonna Remix Project by Anonymous Coward · · Score: 3, Informative

    You can find the original "wtf do you think you're doing" Madonna mp3, along with a pile of remixes at the Madonna Remix Project.

  23. It's about time! by Anonymous Coward · · Score: 0

    It's about fucking time they did this. I was thinking of this myself about a week ago....I was attempting to download the movie "Identity" which only took less than an hour using Kazaa with my cable modem.

    I couldn't find the real one at fasttrackmovies.com or their forum, so I had to guess at which one would be the real one. I tried twice and they were both fakes.

    Man, was I pissed. I started thinking about the waste of bandwidth that had just occured and wished these fuckers would get nailed for spam.
    I finally got it off of Bit Torrent, but how long before these motherless sons of bitches start poisoning the BT files as well?

  24. Re:This of course will force the networks to evolv by sTalking_Goat · · Score: 1

    I agree. While I'm not for the death of networks like Kaaza. If this forces us to use 'smarter' networks (freenet) then its a good thing. Just like what the death of Napster did.

    --

    My days of not taking you seriously are certainly coming to a middle...

  25. What the f*ck do you think you're doing? by SurgeonGeneral · · Score: 3, Funny

    I was watching Celebrity Justice of Fox (I know, I know) and apparently the person saying that line on the music files is Madonna herself.

    Its dissappointing that people in the music industry dont seem to understand the concept of free advertising...

    --
    -- "Man is born free, and everywhere he is in chains." Jean Jacques Rousseau
    1. Re:What the f*ck do you think you're doing? by gl4ss · · Score: 2, Interesting

      don't understand?

      it's not like she didn't get HUGE press for that.

      it was covered in all of the music/entertainment news..

      --
      world was created 5 seconds before this post as it is.
    2. Re:What the f*ck do you think you're doing? by Not+Quite+Jake · · Score: 1

      See the thing is that when people download the music they find out how shitty it is BEFORE they actually go out and buy it.

      It's like "What the fuck do I think I'm doing!?" Not buying your crappy album, that's what!

  26. Must agree by OwnerOfWhinyCat · · Score: 2, Insightful

    Unlike spam, you solicit your downloads by choice. If they used a bug in a P2P network to fill people's hard drives with crap unsolicited, the anti-spam angle would seem workable. As it is you solicit their system to engage in obvious copyright infringement. Your claim for relief against fraud for an for an 'unpaid' service while attempting to break the law is going to be seriously weak.

    I think you'd have a better chance asking the judge to prosecute someone for selling you a joint filled with oregano. At least in that case, you gave someone money and thus (in most states) there is an implied contract of fitness for the generally recognized use of the product.

  27. I'm torn.... by Bobman1235 · · Score: 2, Insightful

    On the one hand, you really can't FAULT the RIAA for trying to do something, but on the other hand the route they're taking amounts to essentially vigilante justice. Whether you think people SHOULD be allowed to share music or not, they AREN'T at the moment, so (technically) should be "punished." It is not up to the RIAA to dole out this punishment, however. What they're doing is also wrong. Two wrongs don't make a right (my mommy taught me that, happy mother's day to her).

  28. Madonna... by jeffy124 · · Score: 3, Funny

    Madonna Louise Veronica Ciccone

    Wow ... you mean to say someone has figured out her last name?

    --
    The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    1. Re:Madonna... by mlrtime · · Score: 1

      Its hard to tell with that english accent she picked up in Detroit...

  29. grow up, evolve, or die by Anonymous Coward · · Score: 0

    I prefer the third option for the RIAG(estapo).

  30. A plague on both their houses... by jpellino · · Score: 4, Insightful

    The RIAA should stick to legit services like Apple has started and stop the electronic goosing - it's hardly the high road.

    The P2Ps should 'fess up, at least to themselves, lose the weak arguments (95 percent of what they claim as justification) and realize they are in fact trading in illegal-by-contract goods and should be grateful they're around this long.

    Theyre really just treading water in "it's-only-illegal-if-you-get-caught land. Silly basis for an industry.

    And remember, for the most part, you get what you pay for. It doesn't matter how scammed the traders get, and it doesn't matter what the RIAA does, it won't stop them.

    A fair and well-managed system will. When it's reasonable, people will pay and use just like books. The VCR didn't kill the video rental or sales industry, and the copier doesn't stop a single sale at Borders or B&N. Granted digital copying makes things easier, and the ecoonomics helps, but that's what needs to be in the new model. Most people with most traditional media would rather have a legit copy than a pirated one.

    --
    "Win treats sysadmins better than users. Mac treats users better than sysadmins. Linux treats everyone like sysadmins."
    1. Re:A plague on both their houses... by Anonymous Coward · · Score: 0

      Apple's service is ridiculous. $.99 per track, and there is no CD pressing, no cover art, no fancy packaging? Just some bandwith, and I'm supposed to pay a dollar per track? I think not.

    2. Re:A plague on both their houses... by curious.corn · · Score: 1

      Just to DL one single song? Yeah, methinks it's cool. Just DL what YOU like and ditch the fluff (most of the cover art is just crap anyway). Like the album full? It's discounted anyway, just make shure you know the cross-over point when downloading one song after the other becomes more expensive. Remember, we're talking about jewel cases anyway not 33 vinyls (those DID justify the expense for the artwork!), you can do without the cheesy graphics discographers slip in to justify the price (kinda works though, at least for you)

      --
      Mi domando chi à il mandante di tutte le cazzate che faccio - Altan
  31. Give me a break by CanadaDave · · Score: 1

    First of all, the RIAA has been doing this (flooding Kazaa with fake music files) for ages, at least a year, so this is not new news. Anyone who uses Kazaa a lot knows this. Secondly, what they are doing is not spam. It has nothing to do with email, and besides, it is solicited. When you search for "dave matthews band" and you get all sorts of "dave mathews band.exe" and "dave matthews band.html" which are all 16kb in size, you asked for it. And really, if someone else wants to create such a file and share it, that is their choice. By using Kazaa and performing searches, you have to expect this sort of thing (lots of bad hits from searches). Apple's music service will not have this problem, but of course Kazaa is free, and illegal, so what do you expect?

    1. Re:Give me a break by HeadbangerSmurf · · Score: 1

      What I find interesting is that alot of the stuff I've downloaded turns out to be pre-release demo versions of the songs. I mainly download modern rock and the stuff I'm looking for is usually brand spankin' new. I actually enjoy getting them because they really show the direction the song has taken from idea to finished product.

      On that note though, who is supplying these demos to the p2p networks? The bands? The record companies? It sure isn't anyone who buys stuff from the store and rips it for all to share. Makes you wonder if one hand is feeding the networks while the other is trying to choke them.

      Tom

    2. Re:Give me a break by Anonymous Coward · · Score: 0

      When you search for "dave matthews band" ... you asked for it.

      Indeed. Dave Matthews Band gulps choad. His voice makes my fucking sphincter constrict, and I think his Gap-clothes-wearing, suburb-living, socks-with-sandals fans should be relocated into camps for orderly disposal.

    3. Re:Give me a break by CanadaDave · · Score: 2, Interesting
      In your 2nd paragraph, it sounds like you're touching on a point that was made about the software industry before. And that is, that without software piracy, many software companies would not be around. Take for example, Microsoft. Would their software be as popular today if it weren't so easy to copy their software and give it to friends. Michael Cowpland actually admitted to this on camera once. He said that Corel would not exist if it weren't for software piracy, giving them free advertising.

      I think you are saying the same thing about music. That putting files on the sharing networks can actually HELP the music sell in stores. And this is so true. Early demos are either bootlegged, or the artist probably recorded it, and make a bunch of CDs. Eventually they get spread somehow. I've seen a lot of weird, old Pink Floyd CDs in used CD stores. Strange demos, live recordings, etc.. Also, on eBay there are a lot of old demos, live stuff, etc.

    4. Re:Give me a break by Anonymous Coward · · Score: 0

      preach on brother!

    5. Re:Give me a break by Anonymous Coward · · Score: 0

      Uh often demos of songs or full albums squirm their ways into the hands of fans via those who work close with the band. bands put their demos on cds and will hand them out to close friends and they eventually work their way around.

      - Scott

    6. Re:Give me a break by jpkunst · · Score: 1

      He said that Corel would not exist if it weren't for software piracy, giving them free advertising.
      I think you are saying the same thing about music. That putting files on the sharing networks can actually HELP the music sell in stores. And this is so true.

      I doubt it. Software was pirated by individual consumers, but marketed at and bought by companies, so the software industry still made money. The music industry just sells to consumers. This analogy doesn't work.

      JP

    7. Re:Give me a break by CanadaDave · · Score: 1
      I disagree. It's all about "mindshare" and getting your software/music out there. The companies that buy software are still made up of people. And actually a lot of companies use pirated software (less nowadays, since the crackdown began). And my example was Corel, whose main products were Corel Draw, and now Wordperfect. Both these products are used by home users and corporate users. When a company buys software they look to their employeers for recommendation. If one guy uses a pirated copy of Wordperfect at home and gives it a glowing recommendation, and he doesn't use Office XP because of the huge price tag (and new "activation keys"), then that company will buy Wordperfect.

      In the music industry, if I download the new Madonna CD, and then I play it for my friend who doesn't have a computer, he might decide to go buy it at the CD store. Or, like your example, I might download a demo or bootleg of some band on Kazaa, and this increases my interest in the band, which makes me a) buy tickets to their upcoming concert, or b) buy their new CD.

      The analogy isn't perfect, I mean sure lots of companies go out and buy Word/Windows year after year, without really questioning the alternatives. But, if Microsoft keep preventing users from pirating software, and Corel doesn't, then more home users may switch to Wordperfect (or even openoffice). Eventually in the long run, this would lead companies to switch to Corel or openoffice, if users feel more comfortable using what they use at home. For me, I use a word processor more at home than I do at work, so the analogy makes sense, but I can see how it doesn't make sense for most users. For the company that pirates software (it still happens quite a bit) then the analogy works.

    8. Re:Give me a break by hesiod · · Score: 1

      > Dave Matthews Band gulps choad

      That sounds like flamebait... But you're right :)

  32. Madonna clip by jred · · Score: 2, Funny

    I loathe Madonna's music, but I really wanted a copy of her saying that, I don't know why. I looked, and I couldn't find a fake song of hers on the Kazaa network.

    Does anyone have a file name & size to look for?

    --

    jred
    I'm not a mechanic but I play one in my garage...
    1. Re:Madonna clip by SB5 · · Score: 1

      It was so easy to find... It was under Madonna - American Life and had like tons of users holding a copy.... like I let my kazaalite run a few searches over the 400 limit and it came up with like 117 users sharing the file

      --
      If what you are reading sounds funny, or sarcastic, lame, or stupid
      it is because it is supposed to be. just laugh
    2. Re:Madonna clip by Anonymous Coward · · Score: 1, Informative

      If you use Edonkey (www.edonkey2000.com)
      ed2k://|file|Madonna_-_What _the_Fuck.MP3|161792|19 240e797ffeb864a11de588a7997727|

  33. Billboard Top 100 by Snork+Asaurus · · Score: 5, Funny

    1) What the F*ck Do You Think You Are Doing? - Madonna
    2) F*ck Off and Buy the %$#^*@! CD - Metallica
    3) We Don't Want Your P2P - Hillary and the Shylocks
    4) ...

    In other entertainment news, a startling shift has occurred in Madonna's music style as the lyrics to her latest #1 single are found to be far less offensive than usual and the song far more musical in general.

    --
    Sigs are bad for your health.
    1. Re:Billboard Top 100 by TeknoHog · · Score: 1

      We Don't Need No R.I.A.A. - Pink Floyd

      --
      Escher was the first MC and Giger invented the HR department.
  34. That's because you are fucking scum (nt) by Anonymous Coward · · Score: 0

    nt= you leeching son of a bitch

  35. Is it just me... by teutonic_leech · · Score: 5, Insightful

    ... or is the RIAA getting real desperate? It amuses me that their broad 'onslaught' of lawsuits against P2P networks, downloaders, uploaders, etc.. as well as more 'creative' activities such as these envisioned to battle illegal copying of shared digital media had almost zero effect on its proliferation. P2P file sharing is alive and kicking and I just bought myself a brandnew Sony car radio that - big surprise - also plays MP3s (what irony I might add). UPS is also in the process of delivering my shiny new KISS DP-500 from Europe, which plays DVDs and - you probably guessed it - DivX and Xvid files as well (and it has an Ethernet port - droool ;-)
    So, I really wonder what the RIAA's vision of the future is - obviously they are paying a lot of people (i.e. lawyers) very high consulting fees to come up with something to preserver their 'interest' (pun intended) - and this is the BEST they can come up with? LOL
    Seriously - a friend of my and I came up with a working, commercial P2P digital distribution model 3 years ago, that would kick illegal copying to the curb since it actually rewarded people for downloading. We actually pitched it to the usual suspects and got laughed at. I'm actually surprised that noone has replicated our effort up to this point - maybe I'll pick up on it when I'm done with my current company.
    Maybe Rosen should buy herself a copy of 'Sun Tsu' (a book about the art of warfare which predates the bible) - and I quote: 'fighting a protracted war against an overwhelming and resourceful enemy should be avoided at all cost.' It is time that the RIAA fesses up to its evils and relinquishes these silly stabs against P2P downloaders - they just wind up pissing off their greates asset - the kids willing to pay good money for concerts and 'affordable music' (Rosen: re-read the last sentence three times).

    1. Re:Is it just me... by Anonymous Coward · · Score: 0

      The author is Sun Tzu (in the more commonly transliterated spelling) and the book is called 'Art of War'

    2. Re:Is it just me... by Anonymous Coward · · Score: 0

      (Genuinely) interested to know how you planned to get the round the fact that many ISPs come after their customers with cudgels if they use much upload bandwidth. If I'm paying, I'd expect a solid, fast server to be there. I wouldn't want to give the provider free bandwidth, *and* a payment for a song.

    3. Re:Is it just me... by teutonic_leech · · Score: 1

      You're absolutely correct - Sun Tzu is the author and the book is called 'Art of War' - another book worth reading is 'A Book of Five Rings' which pretty much is the more Zen based Japanese version. I didn't have my coffee yet this morning when I stepped on my little soap box.

    4. Re:Is it just me... by AliasMoze · · Score: 1

      "So, I really wonder what the RIAA's vision of the future is - obviously they are paying a lot of people (i.e. lawyers) very high consulting fees to come up with something to preserver their 'interest' (pun intended) - and this is the BEST they can come up with? LOL "

      Keep in mind that the RIAA is used to working as a monopoly. When you have a monopoly, you have guaranteed revenue. It doesn't exactly breed creativity.

      Their vision of the future? The large media cartels' visions for the future is a world in which they own and control every idea, every word, every song, every movie, and you have to pay to use any of them. In the future, if we follow our present course, we will have to pay to talk.

  36. IT IS ON!!! by oaf357 · · Score: 2, Funny

    Hell yea, use the anti-spam laws to counter the effects of the DMCA. That would be so ironic. The RIAA can choke.

  37. Um... maybe that's not such a great idea by stomv · · Score: 2, Insightful

    After all, it now tells the RIAA which users are supplying "the best dope" to the p2p system.

    Then now have an awfully good system to find just who to target... the users that are providing the best goods.

    Imagine (bear with me) that all drug users had an online survey to report just who their favourite dealers were. Don't you think the Drug Czar would pay attention, and go after the providers of the best smack first?

    1. Re:Um... maybe that's not such a great idea by Nurf · · Score: 1

      After all, it now tells the RIAA which users are supplying "the best dope" to the p2p system.

      Then now have an awfully good system to find just who to target... the users that are providing the best goods.


      Not necessarily. You could identify the user with a RSA key. Only that user could sign a file with his key. Public keys could be distributed anonymously, or pseudo-anonymously.

      Either way, all RIAA would know is that the owner of private key "x" releases a lot of good stuff. They would have no indication whatsoever where the key was, or who knew its passphrase.

      Users could search for a file, then filter files by their signature. They would preferentially download files that were signed by people who have a long past history of providing uncorrupt files.

      Your drug czar analagy doesn't hold in this scenario.

      --
      ---
    2. Re:Um... maybe that's not such a great idea by Anonymous Coward · · Score: 0

      It seems that it would be better to rate files based on a hash, rather than rating the user.

    3. Re:Um... maybe that's not such a great idea by alienw · · Score: 1

      Most smart networks use hash-based files. Each file has an md5 hash uniquely identifying it and that is what would get rated. Rating the user providing the best file is just stupid -- they would quickly run out of bandwidth.

  38. Downloading pirated music is not illegal by Fastolfe · · Score: 5, Informative

    In most countries, it is not illegal to download copyrighted music. It's illegal to redistribute copyrighted music against the wishes of the copyright holder.

    The RIAA can't come after you just for downloading music. You have to be actively re-sharing that music out again to break a law.

    On the flip side, though, you are not procuring that music through legal/legitimate means, so you may not be granted certain protections and warranties that you might otherwise be granted, so your law suit might be tricky.

    Your jurisdiction may differ, though.

    1. Re:Downloading pirated music is not illegal by Anonymous Coward · · Score: 0
      In most countries, it is not illegal to download copyrighted music. It's illegal to redistribute copyrighted music against the wishes of the copyright holder.

      Are you certain? In all jurisdictions of which I am aware, copyright law gives the copyright holder the right to make copies. When you d/l a work, you're definitely making a copy of it of some sort.

    2. Re:Downloading pirated music is not illegal by cpt+kangarooski · · Score: 1

      Well, there are limits.

      In the US the AHRA makes it legal to copy and distribute music -- provided, however, that it noncommercial, and analog. A certain bit of digital copying is allowed, but computers and mp3s don't qualify. DAT did, OTOH, b/c it had a sort of DRM onboard.

      And there are things like fair use, or rebroadcasting, library exemptions, computer software backups, etc.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    3. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      It's really not you making the copy though. You're just downloading bits of data. You have no idea where those bits originated or how they were assembled. Further, you have no information suggesting the service you are using is not even a legitimate music distribution service. You shouldn't have to know that.

      The person sharing the music, however, is the one making the copy. His software is reading the bits from a file and sending those bits over the network. This is the act of copying (and redistribution), which is the illegal part. Further, the guy sharing the music is the only one that knows factually that what he is doing is wrong.

    4. Re:Downloading pirated music is not illegal by tmark · · Score: 1

      Further, the guy sharing the music is the only one that knows factually that what he is doing is wrong.

      If this argument made any sense, then I would presume a person caught trying to buy coke from a drugdealer could say he didn't really know whether the dealer was going to rip him off, and therefore, didn't really know whether he was buying illegal drugs or some innocuous, legal-to-possess white powder. Soliciting almost every illegal activity I can think of right now is punishable. What makes the solicitation by P2P special ?

    5. Re:Downloading pirated music is not illegal by Thing+1 · · Score: 1
      Soliciting almost every illegal activity I can think of right now is punishable. What makes the solicitation by P2P special?

      So how does it make it right when cops do the soliciting?

      Vice squads are a blight on humanity/morality. If you have to resort to breaking the law in order to catch the law-breakers, then there's something wrong with the system.

      My issue is more with victimless crimes like prostitution and drug use, but it also applies to P2P: no money is changing hands, so the laws (as written) don't exactly apply.

      --
      I feel fantastic, and I'm still alive.
    6. Re:Downloading pirated music is not illegal by Anonymous Coward · · Score: 0

      "My issue is more with victimless crimes like prostitution and drug use"

      Ah. The ignorance of youth.

    7. Re:Downloading pirated music is not illegal by Anonymous Coward · · Score: 0

      Being the source for such downloads if actively re-sharing that music. Whether it's 1 or 50,000 copies downloaded from that one source it's still illegal to do so, even in the countries that don't recognize the downloader being at fault. The RIAA is right, by copyright law in pretty much all countries, to target those who put their files up for grabs.

    8. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Keep in mind that copyright law has *nothing* to do with other forms of illegal trafficking. Solicitation is illegal in your example because it's illegal to possess. It's not illegal to possess a copyrighted work that you did not obtain with the consent of the copyright holder, so it makes little sense to solicit. It's the guy giving it to you that's breaking the law here. Again, copyright only covers the act of copying and distribution, not possession.

    9. Re:Downloading pirated music is not illegal by werdna · · Score: 1

      I can't speak to the "in most countries," as I do not practice the law anywhere but in the US. Count on it, in the US, you are violating the copyright act when you create a copy of a musical work on a hard disk or other fixed medium for which you do not have a copyright. Probably intermediate copies in RAM as well are liable under some 9th Circuit cases.

      It is a more interesting question whether you are engaging in copy by transmitting same, but you are probably liable under a contribution theory even if not directly.

      It is a losing argument to pretend that the conduct of the users in a p2p transfer of unlicensed musical content in most every case. The p2p software provider argument is a different one, grounded in contribution, and on the theory that they are not responsible for the users' underlying infringement, not that the user isn't infringing.

    10. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      I can certainly see an argument for contributing, but I have no confidence that it's an open-and-shut case for downloaders even with the arguments I can come up with.

      The act of downloading itself is not creating a copy, since you do not possess the original to make a copy from! You are simply requesting a copy (electronically) and being provided a (single and only) copy via software. It's the person sharing the work that's generating the copy and transmitting it to you.

      Can you cite any case precedent that indicates the person requesting the copy is even contributing to infringement?

      Look at this from the low-tech side, with bootleg movies sold on the streets. Do you ever hear of buyers getting nailed for infringement (even contributory)? Is there even a case there? Technologically, we're not talking about anything different here: we have a consumer requesting a copy.

      The fact that internally, the software has to write that data to a hard disk doesn't mean that that data was "copied" from memory to disk, thus making you an infringer. I'd have a hard time believing that is cause for prosection.

    11. Re:Downloading pirated music is not illegal by Anonymous Coward · · Score: 0

      Nice counter-argument, jackass.

    12. Re:Downloading pirated music is not illegal by Anonymous+Brave+Guy · · Score: 1
      In most countries, it is not illegal to download copyrighted music.

      If you're going to make claims like that, do please state which "most countries" you're talking about, and whether or not you are a lawyer or otherwise qualified to offer that opinion. What you say is certainly not the case in many western jurisdictions, and with no disrespect intended, your arguments read like a person who's wishing the law worked his way, not an informed legal opinion. I'd love to see you cite test cases in any western jurisdiction and prove me wrong, but I doubt that's possible.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    13. Re:Downloading pirated music is not illegal by Anonymous+Brave+Guy · · Score: 1
      Again, copyright only covers the act of copying and distribution, not possession.

      In the UK, it appears to cover the act of copying, full stop. There are specific exemptions and things aren't always black and white, but I'm not aware of anything that requires you to distribute a copy before your actions become illegal. Then again, I'm not a lawyer, I only deal with these issues in relation to some of my hobbies, so please cite anything that proves me wrong; you'd make my life much easier and save my friends and I a lot of money!

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    14. Re:Downloading pirated music is not illegal by Anonymous+Brave+Guy · · Score: 1
      If you have to resort to breaking the law in order to catch the law-breakers, then there's something wrong with the system.

      In cases such as those you cite, there are generally specific legal exemptions for those taking part in a law enforcement capacity.

      If there were not, everything from high speed police pursuits to arrest using firearms would be illegal. Do you really think that's a good idea?

      My issue is more with victimless crimes like prostitution and drug use,

      If only that were so. Alas, it's often the case that people involved in these things, while perhaps (though certainly not always) starting the activity voluntarily, don't continue it out of choice. Moreover, the cost is often to society as a whole, when it has to clear up the resulting mess.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    15. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Any country adopting WIPO treaties. Actually I know of no countries where they prosecute buyers/downloaders, but I couldn't be sure, so I just said most.

      I also know of no test cases where this has been demonstrated, but this could easily be because there are no grounds to try a downloader/buyer for copyright infringement to begin with.

    16. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Correct. Some jurisdictions are a bit fuzzy in that respect. In the UK, though, I don't believe you can be prosecuted until the act harms the copyright holder (e.g. through distribution). Copying and holding on to that copy wouldn't be grounds for prosecution, even though the law is worded that way.

      But I'm not a lawyer, especially not in the UK.

    17. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1
      I've been hunting for a while for any case precedent that describes this situation more fully but I haven't found a single case where someone was accused of infringement (even contributory) merely by downloading or otherwise accessing a copyrighted work. So I'm afraid I have no legal precedent to back up what I'm saying here, though the lack of this information suggests that downloaders have simply never been taken to court, either because the law doesn't apply to them, or because the damages are virtually non-existent (making a court case unproductive and unprofitable). But examining US law for the moment, like UK law, technically even the act of copying without distribution infringes on the copyright holder's rights. Specifically, title 17, chapter 1, section 106 states:
      Subject to sections 107 through 121, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission
      The only thing you could possibly nail a downloader for would be (1), if you can show that the downloader was the one that copied the work. Maybe it's enough that the downloader solicited and directly "caused" the copy to be created, I don't know (that'd be for your jurisdiction's judicial system to decide), but it seems obvious to me that the real infringer here is the one sharing the files, not the one downloading them. Consider a case of an unknown artist releasing an unknown song. How is a potential downloader supposed to know that the work he's downloading is being released to him legally (as in the artist is giving it away freely) or if it's been grabbed off of a CD and redistributed illegaly? Are you to assume that anything and everything you see online is copyrighted and that you are not permitted to download (thus "copy" to some) it? A downloader/viewer/browser can't possibly know this. But he is also legally obligated to refrain from redistributing that copy himself if he can't verify that he's allowed to do so. Again, it's the copying + redistribution that's actionable, not simply the reception. Also check out this gem in the US copyright law that seems to give end-users an "out" here as well. If I understand it correctly, a copyright holder can't take action against an infringer if that infringer is simply making his own (digital, even) recording.
    18. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1
      IANAL but

      the RIAA goes after distributors because they hope to avoid taking every single person to court and if the larger distributors are forced into inactivity then file sharing will slow to a crawl.

      Making any copy (except for fair use) is an infringement. To the extent that radio stations pay a royalty for burning the program cds that are played on air.

      If a file appears on your hard disk and you put it there then you created the copy.

      Sec 1008 just says that the mere act of making, owning, or using a copying machine does not constitute copyright volation. It doesn't say that you can't violate copyright while using one. What does the definition of noncommercial use say.

    19. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1
      What makes the solicitation by P2P special

      The Special People involved.

    20. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1

      How do you know he's not an old prostitute.

    21. Re:Downloading pirated music is not illegal by werdna · · Score: 1

      This was discussed at length during the good old "white paper" days. The question is going to entail whether or not a reproduction occurred. The requesting party will hold an unauthorized fixation of a digitally identical copy of the original. The issue will be one of substantial similarity plus access, and the authority for that proposition is myriad to any student of copyright law.

      Precedent? Ninth circuit napster case makes the point slam-dunk, as i see it. The express finding that the end-user is an infringer was a predicate for contribution of the Napster service.

      On your last point, the net to ram to disk not being copying, you again have to overcome the findings in MAI and Southeastern cases, both of which arrived at precisely the same analysis in the context of loading a program from disk into ram for execution.

      On balance, I have lots of confidence that it is open-and-shut. Not without an amusing amount of research being necessary to attain the right result, but open-and-shut.

    22. Re:Downloading pirated music is not illegal by D+iz+a+n+k+Meister · · Score: 1

      the cost is often to society as a whole, when it has to clear up the resulting mess.

      Right. Making victimless, self-abuse a crime results in a cost to society, because now there are more crimes and more activities where one must associate with criminals if one wishes to participate in those activities. Your point?

      That's like the lastest free-vibe commercial--You think there should be crack at the corner convenience store? No, I think we should spend several billion dollars employing people who don't/can't make a difference.

      BTW, if drugs were legal across the board, who in their right mind would be buying crack? Crack is a cheap substitute for cocaine, because coke is fucking expensive when you're talking about $20 blowjobs.

      --

      He painted a unicorn in outer space. I'm askin' ya, what's it breathin'?
    23. Re:Downloading pirated music is not illegal by Pofy · · Score: 1

      In Sweden the situation is currently that it most likely is legal (there has been no specific case) under current laws. As late as yesterday there was a program on the television were a representative of a Swedish antipiracy organization adited that currently downloading is not illegal, it is the offering that is. Note that this applies to music, movies and such, NOT computer software.

      The thing is that current swedish copyright law has an exception to the copyright owners "exclusive" right to make copies. The exception is that you are allowed to make copies for "private" use. This includes copies to yourself, family and close friends (as long as you don't do to many copies). Such copying is allowed and not in violation of copyright laws. The "problem" is that the law does not exclude making copies from "illegal" offered sources, it is still a copy for private use. Hence downloading is allowed but offering is not. The laws are currently going through a revision were most likely a change will be made so that making copies of "illegal" copies, are themselves illegal even to make/have. Otherwise it would be a way to legalize illegal copies so to speak.

      Still, if you have an original that is for example bought by you, it should be no question about it, making copies for friends for example is OK. Sharing it over a p2p network though would be making it available for far more people than close friends and thus not OK.

    24. Re:Downloading pirated music is not illegal by steve_bryan · · Score: 1

      It isn't entirely clear, but it seems like you are claiming that ripping a CD to your hard drive is an infringement of the copyright. Would this include ripping it to a compressed format like mp3 or AAC? If that were so then there is a tremendous amount of copyright infringement occurring. If that is the case then where is the lawsuit from the RIAA against Apple for distributing iTunes with its computers? A fundamental capability of iTunes is the ability to rip CD's. There are many other commercial products for exactly the same purpose on PC's and Macs but no lawsuits that I've read about.

      If it does not constitute copyright infringement (to rip a CD to your drive) then why are so many tempted to insinuate the claim? If you are a lobbyist for the RIAA then that is only one among many stupid things you would have to maintain. But can the rest of dispense with such dim witted accusations? It is about as legitimate as claiming that videotaping a TV program is against the law.

    25. Re:Downloading pirated music is not illegal by Anonymous+Brave+Guy · · Score: 1
      Right. Making victimless, self-abuse a crime results in a cost to society, because now there are more crimes and more activities where one must associate with criminals if one wishes to participate in those activities. Your point?

      No, these crimes result in a much more practical impact: they cost health and counselling services a fortune to look after those who get themselves hurt and then need help to recover.

      I'm not personally a drug user, but as far as I can see, cannabis is widely used and has far less of a health implication than alcohol or tobacco. There is a very good argument for legalising it, not least that there's no particular reason not to and most people in many countries where it is currently illegal seem to be in favour of the change.

      What I'm talking about here is the hard drugs -- the ones that kill, or do serious damage, without a doubt -- which are used by far fewer people, but cause the vast majority of the mess (as well as the links to other organised crime, yada yada).

      Prostitution is a whole different thing, but the simple fact is that most of the people involved in that line of work aren't doing it out of choice. They're abused, tricked, blackmailed, feeding drug habits, or otherwise motivated by something other than their personal desire to shag lots for money.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    26. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      In the US (and many other countries), the mere act of copying is indeed infringement. In the US, though, there's also a provision that specifically prevents action against a person making a personal digital/analog recording for non-commercial purposes. The act of making a copy like this might allow them to escape prosecution, but IANAL as well.

    27. Re:Downloading pirated music is not illegal by hesiod · · Score: 1

      > It's the person sharing the work that's generating the copy and transmitting it to you.

      While I admit to using P2P to get music and don't claim that I'll ever stop willingly, I don't like your logic here. If you are downloading a song, you are initiating the copying process. If you have a copy of MS Office you want to "share" :) with someone else, it would not be a valid argument to say "well, I did it on a computer owned by a university, so it is actually them who copied the program -- I just requested a copy from the computer."

    28. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      the RIAA goes after distributors because they hope to avoid taking every single person to court and if the larger distributors are forced into inactivity then file sharing will slow to a crawl.

      If we observe this interpretation of the law, there's no reason for the RIAA not to go after every downloader/copyer in existence. US law allows the RIAA to reclaim legal fees, so they lose absolutely nothing.

      They couldn't claim actual damages, because they'd need to demonstrate that the person making the copy would have otherwise purchased the album (assuming they didn't already own it), and even if they could demonstrate that, the actual damages here would be a tiny fraction of the statutory damages they could be awarded.

      So basically, the law allows them to recover a minimum of $750 per action (plus legal fees). If they can demonstrate that the act of copying was willfull (as most simple acts of copying are), that can go as high as $150k.

      So why the hell not do this for every Joe Downloader? It should be trivial to prove the copying was done if there's a copy on his hard drive, right? If a typical college kid has a couple of dozen songs he's downloaded, you could pretty easily bankrupt him and walk away with a hefty profit.

      Basically to me it seems unreasonable that the law is meant to be interpreted like this. Put yourself in this scenario: you go to a web site/P2P network and are given a choice of two songs by two different artists. One of the artists/labels released their song for free on the Internet. The other had their song ripped from a CD illegally and posted. You've never heard of either artist. What do you do? Is it your obligation at this point to call up both artists and see if this song is legally redistributable to you before you can even download it? Or is that something that needs to be up to the person actually doing the redistribution (by posting it or sharing it)?

      Apply some common sense here and you find that the downloader can't be held responsible for the infringement actually caused by the redistributor.

      But the moment you re-share that same song (as many P2P clients do), you are infringing in the bad way and deserve to have action taken. It is your obligation at this point to determine if a copyrighted work is allowed to be redistributed before you redistribute it.

      Plus, in the US, 17.1008 would seem to grant end users the uncontestable right to make non-commercial copies of music they have in their possession. This could be applied to the act of copying that occurs when receiving a file over the Internet. This is still different from redistribution, mind you, that would make the person sharing the music still quite liable for infringement.

    29. Re:Downloading pirated music is not illegal by hesiod · · Score: 1

      I agree, but he specified "under fair use," under which ripping a CD (should be, anyway) is covered.

    30. Re:Downloading pirated music is not illegal by hesiod · · Score: 1

      > making copies for friends for example is OK

      I consider myself a pretty likeable guy, for the most part. I'm friends with the whole world! Or at least, I'm friends with all the P2P users offering real content.

    31. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Thanks for posting this. These are great points, and though they apply only in the US, it's likely other areas have similar interpretations.

      I still have an issue with classifying a downloader as an infringer ("Napster users who download files containing copyrighted music violate plaintiffs' reproduction rights."). I believe the 9th Circuit made this statement without a true finding of fact, only to point out that there was some form of infringement occurring (which is all that was needed to continue with the finding against Napster). The downloader may have requested a copy and was provided a copy through the service, the actual duplication and retransmission occurred entirely on the sending side. The downloader has no knowledge that the work is being duplicated illegally, and while that doesn't matter in classifying the act as infringing, it makes it nearly impossible to find him guilty of it without additional work (e.g. a C&D letter).

      So while existing precedent might support a statement saying a downloader infringes merely by receiving a copy (or retaining that copy in memory or storing it on disk), I still feel there's enough room for challenge here.

      On your last point, the net to ram to disk not being copying, you again have to overcome the findings in MAI and Southeastern cases, both of which arrived at precisely the same analysis in the context of loading a program from disk into ram for execution.

      This too is troubling. The MAI case did seem to indicate that simply moving a copyrighted work from disk to RAM was copying and could be regulated by copyright law (see pages 8 and 9). In these cases, though, both copies were required to be "sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration." If the act of receiving a copy online can be demonstrated not to be an act of copying, this definition still wouldn't qualify a work being written from RAM to disk as copying either, since the version in RAM is transient and not sufficiently permanent or stable that it can be used. It's simply buffered there until it can be written to disk and cannot be otherwise used or accessed. It is completely transient as it passes through the network, into RAM and onto disk. The first and only copy the recipient is given is the copy that arrives on his/her disk.

      I could still see an argument, however, that since the "fixation" occurs entirely on the downloader's PC, that the downloader is still very much responsible for creating the copy (even though the downloader does not have possession of the original, unless the "data stream" can be considered the original), and thus is the one infringing the copyright.

      This might require a court challenge to settle, I'm afraid. Though I certainly concede now that things may not have been as clear as I originally thought or indicated in my first posts.

    32. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Plus, in the US, 17.1008 [cornell.edu] would seem to grant end users the uncontestable right to make non-commercial copies of music they have in their possession.

      I've researched this some more and while this is true of devices constructed primarily for generating these audio recordings, it wouldn't apply to a computer, since that's not its primary function. So this isn't an "out".

    33. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      This is a good point, and it basically can be summed up by holding the person that substantially caused a reproduction to occur liable for that reproduction. The person sharing the work certainly made it available to you, so they would still be guilty infringing the copyright holder's exclusive right to redistribute, but you're the one that triggered the software into making the reproduction, so it would be you infringing the exclusive right to reproduce.

      I still have reservations about this, especially when you try to draw parallels to non-Internet infringements like selling bootlegs on the street. If a guy on the street had a CD burner on a stand, and burned CDs in real-time of a particular (vendor-chosen) copyrighted work for those requesting one, who is infringing copyright? The guy running the stand, right? Now what if you got rid of the guy and put a robot in his place? Who's infringing copyright now? Still the guy running the stand? Even though the copy isn't being made until you explicitly request one?

      The guy operating the software on the sharing end knows full well that he does not have permission to share/reproduce/redistribute these works, and only he, not the downloader, is in a position to know that.

      But I do agree that this isn't as simple an issue as I might have started out thinking.

    34. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Also check out this gem [cornell.edu] in the US copyright law that seems to give end-users an "out" here as well. If I understand it correctly, a copyright holder can't take action against an infringer if that infringer is simply making his own (digital, even) recording.

      After doing some more research on this, a computer wouldn't qualify as a recording device here, since that's not a computer's primary purpose. So this isn't an "out".

    35. Re:Downloading pirated music is not illegal by Thing+1 · · Score: 1
      If there were not, everything from high speed police pursuits to arrest using firearms would be illegal. Do you really think that's a good idea?

      I disagree. It's one thing for the cops to violate laws trying to catch violent offenders.

      It's quite another thing for a cop to say, "I'm not a cop, can I buy some crack from you?" This violates ethics. (Not to mention that making substances illegal is an unworkable plan, which we learned from prohibition back in the 1920s.)

      The only things that should be illegal are actions, and only those actions which cause harm to another human being. Not thoughts, not self-destructive behavior, not objects or their possession.

      As for the people involved in prostitution, it's a vicious cycle: they're hurting because it's illegal. So we keep it illegal because they're hurting. Meanwhile, visit Amsterdam or Nevada to see the industry done right.

      --
      I feel fantastic, and I'm still alive.
    36. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1
      Put yourself in this scenario: you go to a bar (web site/P2P network) and are given a choice of two drinks (songs) by two different distillers (artists). One of the distillers (artists/labels) produces low alcohol drinks (released their song for free on the Internet). The other is in fact moonshine and of sufficient strength to kill an elephant (had their song ripped from a CD illegally and posted). You've never heard of either distiller (artist). What do you do? Is it your obligation at this point to call up both distillers (artists) and see if this drink is safe to have before you drive home (song is legally redistributable to you before you can even download it)? Or is that something that needs to be up to the person actually doing the redistribution (by posting it or sharing it)?

      Ask the distributor could be a good start. Think about it for a second is always a good backup plan.

      How bout a less artificial or at least more common situation where I download a new britney album from some unknown site on a p2p network. I don't give a rats whose is was and I sure as hell don't expect that ms anonymous at the other end of the p2p connection is actually britney in disguise advancing the cause of ip destruction.

      Ignorance is no excuse and generally even less of a defence especially if you are willfully ignorant.

      Basically to me it seems unreasonable that the law is meant to be interpreted like this

      I agree, but many people in the court room will laugh at your protestations as you are dragged away to the cell.

    37. Re:Downloading pirated music is not illegal by werdna · · Score: 1

      1. District Court made express finding of underlying infringement by dowloading into browser and then disk. This was affirmed by the 9th Circuit.

      2. Scienter (state of mind) is irrelevant to direct copyright infringement. If you infringe directly, it is strict liability.

      3. This isn't close to unsettled -- there are several p2p judgments already on the books, each relying on a finding of direct infringement.

      *. MAI found that the RAM image was non-transient.

    38. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Is it your obligation at this point to call up both distillers

      I would trust that the bartender knows what he's doing. If I consumed something that put me in the hospital (or killed me), it probably wasn't legal for the bartender to serve it to me, so you bet I would go after him. You seem to be overlooking the server's role in this.

      I'm not going to whip out my alcohol/toxin detection kit to ensure that what I'm being served is safe and legal. Or are you suggesting that by being "ignorant" of what I'm requesting I deserve what I get?

      Ignorance is no excuse and generally even less of a defence especially if you are willfully ignorant.

      I won't dispute this, but this interpretation does eliminate all usefulness from P2P networks. You cannot verify that anything you receive won't draw a civil action against you. The interpretation goes past several "common sense" lines that I think even a judge would respect.

    39. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      MAI found that the RAM image was non-transient.

      But only because it was viewable on the screen and usable in that form. In the case of an online download, the data in RAM is not viewable/usable in that form. It's strictly there to facilitate being written to disk. These are not two copies, they are one transient impression in the process of being written to disk. The only thing the user can see, interact with or otherwise use (copy!) is the version on disk.

      Whether or not the image in memory is usable in that form is at the heart of whether or not it's "transient".

    40. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      1. District Court made express finding of underlying infringement by dowloading into browser and then disk. This was affirmed by the 9th Circuit.
      3. This isn't close to unsettled -- there are several p2p judgments already on the books, each relying on a finding of direct infringement.


      There might be some miscommunication here, or perhaps I'm just having trouble locating this in either the District Court's or the 9th Circuit's decisions.

      I can find plenty of mention that copyright infringement has occurred since an upload/download has taken place, which results in a near-perfect reproduction of the original. I can not, however, find any discussion about which side of the transaction is ultimately responsible for the duplication (and thus the infringement), only that infringement has occurred. (And the fact that infringement has occurred is ultimately all that's necessary to proceed with the action against Napster; which party is irrelevant). The only thing I can find is that statement by the 9th Circuit that summarized, in passing, that downloaders were infringing the right of reproduction. This doesn't seem to be supported by the District Court's findings or decision.

      I don't mean to be going back and forth about this. I would be very interested in seeing the actual argument and conclusion here that found the downloader was guilty of the reproduction (especially any cases where an action was brought against them merely for that download, which is kind of what this thread is about).

      I guess I can concede at this point that there is a high likelyhood that in the US, a downloader can indeed be considered an infringer. This really seems counter-intuitive to me (and I'm very much used to laws and interpretations seeming intuitive to me), but the seed is certainly there. This is actually somewhat scary, since any viewing whatsoever by the end user is considered an infringement. If I view a copyrighted work online that someone else posted on a web page (text, whatever), I am infringing copyright. This just seems exceptionally wrong.

    41. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1
      You seem to be overlooking the server's role in this.

      No. I said that a good start would be to ask the bartender. That was the analogous step to asking the p2p trader if there was copyright clearance on material they were making available for you to access. Of course I'd trust the bartender more than the p2p trader because he has more to lose as you say. So i wouldn't pull out my detection kit if he told me which was which.

      are you suggesting that by being "ignorant" of what I'm requesting I deserve what I get?

      Not at all. Though that's a common misunderstanding when someone suggests that a person did something they shouldn't.

      Doctor: Did you look both ways before you used the Zebra Crossing.

      Patient: It was a Zebra Crossing. I had the right of way. Are you suggesting that this is my fault. That I deserve a broken leg because I didn't look both ways.

      Doctor: No-one deserve a broken leg. I'm just checking to see if you learnt anything form this experience or if you're likely to do it again and waste my time when I could be helping someone who needs help rather than someone who's here because they are ignorant.

      but this interpretation does eliminate all usefulness from P2P networks

      Well the short answer to that is "So what. If its use is illegal, its usefulness merely makes it worse."

      But a more common argument is that closing down p2p networks will kill a lot of useful and entirely legal file sharing. Are you telling me that basically all p2p network usefulness arises from transfers of copyrighted material. Who's side are you on.

    42. Re:Downloading pirated music is not illegal by werdna · · Score: 1

      The only thing the user can see, interact with or otherwise use (copy!) is the version on disk.

      This isn't much of an argument against non-infringement. Assuming that all the user does is to reproduce the RAM image onto a hard disk, then you are probably going to have two serious downsides: (1) it is hard to argue the content was not usable -- it was used to create the disk reproduction; (2) you are conceding that a disk reproduction was made. Either way, you are likely to lose.

    43. Re:Downloading pirated music is not illegal by werdna · · Score: 1

      This really isn't too hard a problem. In a p2p transaction, two machines are engaged in a network transaction to effect the copying of a file stored in one machine onto another. In such a case, both parties are engaged in a copyright infringement if the content was unauthorized for this transaction -- in one case, the uploading party has engaged in reproduction or distribution, and in the other, the downloading party has engaged in reproduction. There may be a legitimate question of volition, that is to say that there is non-infringement on one party's part if the transfer was accidental or negligent (such as where a receiving party hacks to get the file), but otherwise both parties are probably infringers.

      It gets more interesting when no copies are stored, but for the most part, I seriously doubt that judges would give the kind of argument my colleague Fastolfe sees to be so intuitive much serious consideration. Not that I couldn't advocate the position, but I wouldn't give much hope.

      I'd be willing to wager the result would be pretty much the same in most modern industrial nations.

    44. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      Are you telling me that basically all p2p network usefulness arises from transfers of copyrighted material.

      No, but if it's impossible to tell if you're breaking the law or not, caution requires that you refrain from using it at all.

      Since you cannot guarantee that the work you are downloading is not copyrighted or licensed for redistribution, you cannot guarantee that the act of downloading it is legal.

      And how does this interpretation expand to the web? If someone gives you a URL, and you visit that URL and retrieve a copyrighted work that was not legally made available at that URL, you're now guilty of copyright infringement? Everything about the Internet is now suspect.

      With interpretations like this, it sounds like DRM is the only thing that can save it.

    45. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      I think you're (perhaps unintentionally) twisting what I'm saying.

      I was never suggesting that a copy wasn't made. When you begin the transaction, there is a single copy (on the sharing end). When the transaction is concluded, there are two (on the sharing end, and on the downloading end).

      The key question here is who's responsible for the duplication? Is it the person doing the sharing, since he maintains ownership and control of the original, and instructed (perhaps implicitly) the software to transmit his copy on request, or is it the downloader, who requested the copy?

    46. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1
      But you run the risk of this every time you buy anything. With hard goods like a car or even a CD you can usually assume that the person offering it to you has good title. You might have different levels of trust between Tower Records and the guy selling you a CD with photocopied cover in Indonesian from his car boot at the flea market. But at either level if they don't have good title you run the risk of the real owner coming looking for their stuff and taking it back. You may have an action against the guy who sold it to you but the owner gets his CD or car back. If the police don't accept your story that you honestly believed that you were buying the car from its true owner then you may have a problem with receiving stolen goods.

      If someone gives you a URL, and you visit that URL and retrieve a copyrighted work

      Apart from the fact that p2p works on ip addresses and doesn't need DNS lookups there is no effective difference between p2p and http, they are just protocols for accessing remote files. And the web is full of mp3 warez sites. So yes the same applies there.

      Seriously, most, if not all p2p users are looking for copyrighted works and it's difficult to believe otherwise. Realk copyright music owners don't operate in p2p space and if you come across a web site of a record company and the address isn't in Kahzatskstan or somewhere you'll be safe.

      The problem seems to be that people want absolute certainty in everything. It doesn't exist anywhere. Get over that soon and you can get on with living.

      As a matter of interest I use subscription News Servers to access music. I can get whole albums (if i want singles i can listen to the radio). I can't usually get an album I want even if I have to wait for someone to post it. But I also find lots of stuff I didn't know I wanted.

      So I'm actually happy to pay for mp3 grade music at a reasonable price. And I'd be happy to pay more if it was legal or at least the artists got something. The news servers give me variety and depth. Being from outside the US I don't know what the Apple site is like but I doubt I can get what I'm after there.

    47. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      You may have an action against the guy who sold it to you but the owner gets his CD or car back. If the police don't accept your story that you honestly believed that you were buying the car from its true owner then you may have a problem with receiving stolen goods.

      That's the key difference between material laws like this and copyright law: you have a defense! You can legitimately say, "Hey I had no idea this was stolen," and you can in turn take action against the person that sold it to you.

      With copyright law, you have no such out! If you are guilty of direct infringement, you have no defense! You automatically get nailed with statutory damages for each download you performed (apparently). This is why it's so much scarier (and less sensical).

      And the web is full of mp3 warez sites. So yes the same applies there.

      It doesn't have to be "mp3 warez sites". Any work reproduced/redistributed without the owner's consent qualifies.

      This includes most of the helpful Slashdot mirrors people set up of articles linked from the site. Every time you visit one of those, you are now guilty of copyright infringement and may be required to pay up to $750 in statutory damages.

      Hell, all I really need to do at this point is make up a really interesting story, post it on a low-bandwidth web server, give the URL to Slashdot, subpoena the logs of everyone that set up a mirror and get rich!

      This scenario is exactly why I believe this interpretation of the law is extremely suspect! It is impossible for you to know the status of the data behind an anonymous URL (or, paralleling this thread better, an unknown song by an unknown artist). Sometimes it's apparent after you've downloaded it, but by then it's too late! An act of reproduction, thus copyright infringement, has already occurred at this point.

      Now, don't get me wrong, I'm in no way trying to establish this as a defense for most of the people downloading MP3's online. In most cases, they know what they're downloading is copyrighted and probably being shared illegally, but not in all cases! And if you apply the law in this way towards MP3 downloads, there's absolutely no distinction between this and, as you note, any HTTP or other Internet download whatsoever.

      Again, it seems like the only thing that can save Internet users from this enormous liability would be DRM: a browser loads an (encrypted) page with a DRM signature, determines if it's allowed to display the content, and then displays it. Of course, there's nothing stopping someone from extracting the content at a later date and wrapping it in a "free for all" DRM certificate (and actually, as near as I can tell, that would still put the end user at risk of copyright infringement even if an explicit copyright notice is forged).

      I have serious issues with laws that are interpreted so broadly and so dangerously and rely solely on the good nature of the executive and judicial branch not to nail me with those penalties for an act for which I had absolutely no foreknowledge.

    48. Re:Downloading pirated music is not illegal by Fastolfe · · Score: 1

      subpoena the logs of everyone that set up a mirror

      Sorry, this should read something like, "subpoena the access logs from everyone that set up a mirror".

    49. Re:Downloading pirated music is not illegal by cyril3 · · Score: 1
      I have serious issues with laws that are interpreted so broadly and so dangerously and rely solely on the good nature of the executive and judicial branch not to nail me with those penalties for an act for which I had absolutely no foreknowledge.

      I would too if we were talking about hanging offences but we live with it every day in other areas of life so I'm not concerned that the tactical response team will kick in my doors anytime soon. Not about music copying at least.

      And don't quote tell me about slipery slopes please. I'm more concerned that the police will get all excited about speeding and set up hundreds more speed traps and I'll lose my licence because I inadvertently go 5km over the limit a couple of times a week. Another one of those penalties that is applied with no defense available, you do the speed, you pay the ticket.

  39. I hope when it comes down to it... by onelin · · Score: 1

    The battle between RIAA and P2P users actually bears some fruit. As the rules for engagement become dirtier and dirtier, I hope people see the sad shape the industry is in and the need for change is recognized.

    I'd love to think all of this fuss will wake people up to the fact that the current music industry is incredibly flawed. At some point I hope some artists unite and stop going through the RIAA.

    Sadly, in today's world I wonder if any good change will ever be realized... at least Apple's music service is a good start. It's too bad that at 128Kbps in AAC a lot of audiphiles won't bother with it.

    1. Re:I hope when it comes down to it... by hesiod · · Score: 1

      > The battle between RIAA and P2P users actually bears some fruit

      What fruit has it born (beared?)?

      I know that you meant "in the future," but your post makes no sense without the provided title at the beginning. The title of the article is supposed to sum up what was said, not present the first half of the first sentence.

  40. Re:This of course will force the networks to evolv by Anonymous Coward · · Score: 0
    Suppose for example that new p2p networks use a weighted reputation system where individual content files can be rated by the users of the network.
    Fortunately this is already happening in several P2P clients with Bitzi. Every file gets a checksum/tag, and people can rank or comment on any file they please. If you find an MP3 on say Bearshare, you just right-click and hit "See Bitzi Ticket," it opens up the browser for that specific file's checksum at Bitzi where you can see how/if it's been rated. If the file you're looking at has a negative rating or some negative comments you just skip it and try another one.

    Very neat.
  41. It was amusing how she got hacked after that.... by Anonymous Coward · · Score: 5, Interesting

    After Madona flooded the P2Ps with mp3s of her repeatedly saying "what the fuck do you think you're doing?" somone took an appropriate response by hacking her website, posting her full new album on it, and writting "This is what the fuck I think I'm doing..."

  42. Making Music Purchase Easier by GrimReality · · Score: 2, Insightful

    Maybe, in the long run, instead of wasting money on P2P control (in the short-run they should continue it), they could bring all the participating record labels together and make purchasing music easier. At the same time, they should push a campaign about how morally wrong it is to pirate songs. (Of course, they are already doing it, but this should go together).

    Music labels working together could make custom CDs and, maybe, even DRMed music downloads (for MS Win and Mac users at least) from across music labels. This is especially beneficial for custom CDs.

    For instance, I want songs A, B,...,K. Songs, E and G are owned by Klingons while songs F and K by Romulans. The rest are owned by the Borg. Furthermore, except for songs A and B, all other songs are from different artists or different albums.

    A good part of P2P users are probably doing it because they find it difficult to buy 200 different CDs in which more than 65% of the songs are not what you want.

    Thank you
    GrimReality (The Idiot)
    2003-05-11 16:51:54 UTC (2003-05-11 12:51:54 EDT)

  43. Yes, you are lucky I am not god for a day... by Anonymous Coward · · Score: 0

    leaching peice o'shit

    1. Re:Yes, you are lucky I am not god for a day... by /dev/trash · · Score: 1

      Oh that's rich, you're stealing music but I'm the leech!

  44. Fair enough? by WanChan · · Score: 2, Interesting
    To be honest, I can't see how the RIAA is acting wrongly in this instance.

    But if they're allowed this solution, they shouldn't be allowed legal redress as well, or their response would be disproportionate. I would hope that the courts would and will recognise this in their considerations.

    But seriously, I can't see how this does anything other than shift the rules of the game back to the way they were: copying between friends was fine (and will still be better - and faster - than it was in the cassette days), but the wanton copying between people who have neither met nor would care to will decrease as the costs of copying in terms of time and effort increase.

    1. Re:Fair enough? by hesiod · · Score: 1

      > the wanton copying between people who have neither met nor would care to

      I think I understand your point, and sort of agree with it, but the relationship between the two people involved should have no bearing whatsoever.

      Say I'm visiting a friend in another state and I meet some people at a party there whom I will never see again and don't care to become friends with. I play a CD they have never heard before, they love it and ask if they can make a few copies of it (at the party, I'm not loaning a stranger my CDs). So therefore, am I breaking the law by giving out copies to people I don't know?

  45. Kazza? by arvindn · · Score: 1
    Why is kazaa spelt as kazza in the story? Is it an honest spelling error, or is it the result of being indoctrinated by reading slashdot that "*AA is evil" ?

    Sorry, couldn't resist :)

  46. Misdirected Content by Veovis · · Score: 2, Funny

    What about the movies that are family titles that are actually cheap pornos, maybe they are behind that as well!

  47. Do what Guster does... by dont_chase_windmills · · Score: 1

    My favorite band of about 6 years, Guster, has a very nifty little system for music sharing. They're releasing a new album come June 24th, Keep It Together, and they've released all of the songs on Kazaa, but replaced the lyrics with "meow"'s, the songs are all labelled with the actual name, but have no voice.. Just Brian, the congeuro, using a "meow mix" machine that produces different pitches of "meow". It's been great though, because you get to hear the excellent instrument work, and the sound of the album... just to wet your wistle. They also released 5 of their new songs on their website in Flash formats... While I have already recorded them to WAVs and then encoded them to MP3 (for my personal use on my MP3 player), it will prevent most music listeners from ripping the songs from Kazaa or other P2P networks. Mike

    --
    I've spent too much time chasing windmills.
    1. Re:Do what Guster does... by Anonymous Coward · · Score: 0

      "Just Brian, the congeuro, using a "meow mix" machine that produces different pitches of "meow"."

      What a dick...

    2. Re:Do what Guster does... by Anonymous Coward · · Score: 0

      If they're your favorite band, why don't you actually buy their music and support them?

    3. Re:Do what Guster does... by hesiod · · Score: 1

      > why don't you actually buy their music and support them?

      Because the music hasn't been released yet. Once it's available in stores (June 24th), I get the feeling that he will buy it.

  48. Re:This of course will force the networks to evolv by Lu+Xun · · Score: 1

    Gnutella's use of SHA1 checking seems to work well; unless the Dark Powers set up a large number of servers with the bogus files, most people will delete the fake tracks. If what you got doesn't match up with the SHA1 of most of the hosted copies, you've probably got a garbage file.

    --
    That's not a soda... it's a caffeine delivery device!
  49. If the *AA would just cooperate by nurb432 · · Score: 1

    They MIGHT pull out of this slump and not be a dying breed.

    It would help out the starving artists too.

    For better or worse, the world is changing, and they need to adapt, and not just piss on their customers every chance they can get if they want to survive..

    --
    ---- Booth was a patriot ----
  50. This battle is for society's way-of-life by Hao+Wu · · Score: 2, Interesting

    What ever happened to "It's ALL about the music maaaan..." ?

    I want to say something to the selfish artists: you guys are greedy. You used to be cool, but now you want money and to "make it big." If you want to do that, fine. But you are sell-outs. You are not genuine anymore. You instantly become phony-balony manufacturing tools the moment you sign away your heart and soul.

    Not when you take the stage to rap against eminem, but the VERY INSTANT you sign! You hesitate before signing your name, then you feel shame as you are writing it, and finally you know you have lost all honor when you dot the "i" in your middle-name, "Idiot".

    Consider many points of view when you sell your art in public.

    --
    I suggest you read Slashdot
  51. Re:Submitted this 2 weeks ago by Anonymous Coward · · Score: 1, Insightful

    I've submitted stories that were rejected, only to show up later. Don't take it personally, it happens.

  52. old news by Cheeze · · Score: 2, Interesting

    This was news about 2 weeks ago. Even the security focus article was posted on May 04, 2003. TechTV had stuff about it last weekend.

    TechTV had an interview with one of the guys at one of the P2P companies and he said something like, "They are free to connect to our P2P network, but when they start using fradulant claims, flooding, and sending out unsolicited messages, they start to break user agreements."

    It would be pretty easy to track down the networks they are using and then just have a little button in your P2P client that blocked their networks. There are programs to do this, but they seem to not work 100% of the time. If it also blocked known .gov, .mil, etc address it would be useful too.

    --
    Why read the article when I can just make up a snap judgement?
  53. CDR != Pirate by nurb432 · · Score: 1

    If you look in my car you wont see a single pressed cd.

    I copy ALL the cds that i use in the car.. the summer heat, and scratches from chuckholes, are murder on cds.. and since you cant exchange them except for buying a NEW one at retail cost... i wont risk the orginals..

    Hey, thats 'fair use'.. regardless of what they want to believe/restrict.

    --
    ---- Booth was a patriot ----
  54. My little protest by DigitalDaedalus · · Score: 2, Interesting

    I was in the record store the other day and saw Madonna's new album. I remembered that she had done her silly little 'what the f**k do you think you're doing' thing.
    On a whim I put some other CDs on top to hide her regurgitaged euro dance crap.
    Now every store I go into I do that... Just my little way of protest...

    1. Re:My little protest by Anonymous Coward · · Score: 0

      I do that with all those Ron Hubbard books I see in shops, still shrink wrapped from their 97th trip through a Scientology clearing house.

    2. Re:My little protest by Anonymous Coward · · Score: 0

      Why bother? The parts of the album that I have heard weren't that good. Let it die on its own.

  55. Re:This of course will force the networks to evolv by Blue+Stone · · Score: 1
    It shouldn't be difficult for a software solution to fake files. Even I can spot them before they get too far into the download.
    On my piffling dial-up connection, all the legit files are on average 2 to 4Kbps, whereas all the fake files download at 7 to 15Kbps (which is inconceivable for a regular file download, and only usual when downloading a web page.)

    That makes them pretty identifiable.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  56. no arguments here by Psykechan · · Score: 1

    Yarr matey! I know just how ye feel.

    Those scurvy dogs at the RIAA have already made peg legs illegal leaving me with no leg to stand on, but now they've kidnapped me pet parrot and replaced 'im with one that just says "What the fuck do you think you're doing? ARRWK!".

    This be the last straw.

  57. MOD PARENT AS REDUNDANT by Anonymous Coward · · Score: 0

    Was mentioned far above, better.

    In addition, the user has a history of copying others ideas - see previous posts comapred to higher threads.

  58. What the fuck do you think you're doing? by CausticWindow · · Score: 1

    Check out the Madonna remix project for the original sample and some nice remixes.

    The "All Your Fucking Music Are Belong To Us" remix is nice :)

    --
    How small a thought it takes to fill a whole life
  59. Other Possible RIAA Tactics by tds67 · · Score: 1

    The RIAA could be more deceptive with P2P networks if they were smart enough. What about putting large files out there with ten seconds of a song and the rest static? That would get people to waste their time downloading junk files. Or songs with "skips" in various places in the last half of the song? Downloaders with analog modems would suffer the most in this scenario. And who would know if it was the RIAA doing this or just Joe User who can't create MP3s properly? This little Madonna incident isn't very creative, IMHO.

    1. Re:Other Possible RIAA Tactics by Jugalator · · Score: 1
      You're right, but it's only a question of time before file hashes will be more widely used. They already are in the movie "scene". If there's as much as a "blip" in the file, it's considered completely different from the original. So websites just put up nicely categorized links to various videos with the proper hashes. People click the link and the p2p software starts downloading, avoiding all fakes. The websites aren't sued since all the do is to put up data like:
      sig2dat://|File: American Life.mp3|Length:3814072Bytes|UUHash:=1LDYkHDl45Opr Vy27xU1VSp9b33=
      Hardly anything illegal in that one. They don't even point directly to a site containing any pirated stuff.
      --
      Beware: In C++, your friends can see your privates!
  60. here you go by ramzak2k · · Score: 1

    haha, i thought exactly the same and searched deperately for that. To me madonna saying "what the fuck" sounds so sexxxxxy - a lot better than the song. There are many like us dude,Check this page out

    --

    Siggy Say, Siggy Do
  61. just a quick note. by toothfish · · Score: 1

    I usually try not to be this anal, but please try to spell KaZaA right-- I help administer this site, and as you might guess, about 90% (my estimate) if not more of the traffic taking up bandwidth is people looking for P2P software.

    and yeah, I know it's a mess. we're working on it.

    cheers
    p

  62. Leeching bastard by Anonymous Coward · · Score: 0

    [nt]

    I will trace you and skull fuck your eyesockets.

  63. Re:This of course will force the networks to evolv by TheKey · · Score: 4, Interesting

    Soulseek, the P2P client, doesn't really have problems like that because of its more community-oriented nature. I have about 10 users that I download albums from who I know always have real mp3s ID3ed correctly at 192kbps.

    --
    My Journal - 1,337 fans and countin
  64. Re:This of course will force the networks to evolv by michrech · · Score: 1

    You mean in the way that eMule does? (I don't know about eDonkey and the others) I've started to download several files only to find in the comments that the files were fake. I've even let a few finish just so I could see for myself and they were actually marked correctly.

    =]

    --
    bork bork bork!
  65. Piracy by alexo · · Score: 0, Offtopic

    > Granted, they need to be in compliance with the law as they take swipes at pirates...but c'mon, they're still pirates.

    Exactly! And there are existing laws to deal with piracy.

  66. Isn't this what P2P is for? by dirk · · Score: 1

    Maybe I'm wrong, but don't the P2P companies keep claiming that they have no control over what is shared, and it is for sharing any file people want? Then why would it be wrong for the RIAA to share these files? And better yet, why would they care enough to sue, since according to them, they have no control and want no control, yet they want to control what the RIAA puts on there? If they can do that (even by lawsuit) shouldn't they have to control what other users put on, including copyrighted material?

    --

    "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    1. Re:Isn't this what P2P is for? by ag3ntugly · · Score: 1

      Think of it like this, imagine one of those bins at the grocery store where you drop off food/toys/etc.. for people who dont have any. The grocery store has little control over what you put in there (by that I mean at the time you put it in there), but if a ton of people started throwing dog food and cat litter in there, the grocery store would for damn sure do something about it.

      --
      i have a roll of electrical tape.
    2. Re:Isn't this what P2P is for? by dirk · · Score: 1

      But that bin has a stated purpose (food for the poor, toys for kids, etc). P2P is just the exchange of files, the types of files or what is in them doesn't matter, at least that is what we have been told. They don't care whether the files are copyrighted material that is illegal to share, old folk songs in the public domain, or stuff the artists want on there. P2P is just a method for sharing files, and the contents of the files don't matter. But suddenly the contents of the files matter when they are masqueraded as copyrighted material but really aren't? It seems if you care enough to sue to try and stop the RIAA from sharing fake copyrighted material (which is illegal to share on the service) you by default should have to at least make an effort to stop people from sharing the actual copyrighted material. To do otherwise seems like an admission that the purpose of your service is to allow people to trade copyrighted works against the copyright holders wishes.

      --

      "Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
    3. Re:Isn't this what P2P is for? by ag3ntugly · · Score: 1

      Ok, then change my analogy to say a community refrigerator at work. Those BS files aren't useful, the rest are. I'm sure someone can come up with some legal strategy that'll work, the system is crooked like that.

      --
      i have a roll of electrical tape.
  67. vigilante justice by knowledgepeacewi · · Score: 1

    laws in cyberspace?

    people say what they want, do what they want

    Its international waters and there is no real jurisdiction.

    I guess that what I'm saying is vigilante justice is the only means at their disposal and they can try to fight this war.

    But considering most musicians I've encountered are scared of "the internet" and "computers", its like sending a house-wife into a warzone with a bb-gun. They aren't prepared for the war.

  68. Spamming harms legitimate use by moncyb · · Score: 1

    Maybe, but one of the reasons P2P hasn't been used for more legitimate purposes is because the networks are spammed with the RIAA's crap. Much of it is stupid people putting up the real music, but the RIAA flooding makes it worse.

    Say you want to find a picture of the madonna. Even if you type "virgin madonna"--guess what will pop up? A thousand entries for "Madonna-Like a Virgin.mp3". Yeah, maybe you can add jpg to the search, but you'll lose the pngs, gifs, etc. If you want to find a audio discussion, forget it.

    1. Re:Spamming harms legitimate use by An+Onerous+Coward · · Score: 1

      Hmm. Ugly baby.

      I honestly don't see how your argument says anything about the RIAA in particular. Everybody and their dog borrow names in such a way as to confuse search engines. How easy is it to find a website about the island of Java? Or information about red, juicy apples?

      As an argument against the behavior of the music industry, this one isn't even coherent.

      --

      You want the truthiness? You can't handle the truthiness!

    2. Re:Spamming harms legitimate use by moncyb · · Score: 1

      I wasn't saying they can't take common names. My point was by crap flooding the network, they will make it just as difficult for finding legitimate files. Especially on a system like Gnutella where your search query has a limited "time to live."

      I could find the article about the madonna because there were only legitimate search terms. Imagine if the RIAA had filled Google's database with crap sites, and the first hundred search hits were spam.

      Even with the popularity of the singer, the first search page contains 3 non music pages out of ten--some sort of equation solver, a university, and a nice place to sleep. I wouldn't have bothered looking if I had to look through ten pages of spam first.

  69. Not an issue in the least by 0x0d0a · · Score: 1

    So we use SHA-1 or another cryptographically secure hash to refer to data, and trusted sources of hash information. You use a hash tree, so that you can have your client detect bogus files partway through download and delete them. The MP/RIAA cannot afford to pay for 1 byte of bandwidth for each bogus byte sent to a user. They depend on propagation of bogus files.

    Hell, Razor and other clearly illegal cracking and warez groups have had well-orchestrated release policies for years. (As a matter of fact, warez releases have reached a point where they are more consistently packaged than commercial software.) It's far easier to do so with P2P. Use cryptographic signatures. "Yup, this hash tree file was signed by Razor." Piece o' cake. Releasing databases of signed hash trees in an anonymous, distributed manner is also easy -- Freenet can already do this.

    I have some other ideas that I'm working on for some of the other attacks on P2P networks, but this really isn't a problem -- we've had folks putting spam files on P2P for years, and there are good solutions for it.

  70. Re: music company's vs p2p by goanooky · · Score: 1

    You can use the laws from the european community to put a hold on those company's.

  71. I wonder if you can sue me for this message by anthony_dipierro · · Score: 1

    What the fuck do you think you are doing?

  72. Is it just me, or by dh003i · · Score: 1

    Does that baby look like it's strangling the virgin madonna? And boy, what an ugly baby!

  73. Not Equitable Estoppel by Anonymous Coward · · Score: 0

    If you search for copyrighted material, and the RIAA or their cronies offer you the file, then you do not have "clean hands". But they always respond to all queries. I have actually tried to find non-copyrighted non-music materials on Kazaa, and the RIAAs intervention made it difficult.

    Try search kazaa for "American Flag", "US constitution", or "The RIAA agrees to donate $50 to the FSF if you attempt to download this file". They will return a hit for each one.

    In light of Kazaa/gnutella/p2p being a communications medium useful for more than mp3 trading, they are violating the law.

  74. What this will do to p2p...? by Jugalator · · Score: 1

    Hmm... *thinks hard*

    Perhaps more downloads of sig2dat? (part of K++, you know that hacked Kazaa with no spyware)

    Or perhaps people will just switch to networks that have used file hashes from the beginning, like eDonkey, etc. RIAA will have a hard time fooling those.

    --
    Beware: In C++, your friends can see your privates!
  75. Poor ripping by TomMajor · · Score: 1

    I like to do the MP3s my self... most music on kazza is poorly made 128 kbps...
    I just borrow cds from my friends and rip them...

    --



    Ask me no questions, and I'll tell you no lies...
  76. Re:This of course will force the networks to evolv by Jugalator · · Score: 1

    Yes, and eDonkey even use a hash *as well* as having support for a comment system. So you'd be pretty damn stupid if you still happen to pick the fake file. :-)

    --
    Beware: In C++, your friends can see your privates!
  77. Edonkey2000 by Jacek+Poplawski · · Score: 1

    Maybe p2p network which allows to spread fakes is just broken by design? In Edonkey2000 every file is identified by hash, so when you have correct hash it is not possible to fake that file in any way. Of course someone can still put fakes in network, but they won't spread.
    Overall - this is good thing, broken p2p networks will shrink, and good networks like edonkey will grow. Evolution.

    1. Re:Edonkey2000 by Anonymous Coward · · Score: 0

      Not quite true. I use edonkey to download Friends and other US sitcoms (because I cannot get them here in the original version, just dubbed junk). And there are quite often faked episodes, ie. older eps with false titles. How long they survive, I do not know; but they usually distribute fairly wide.

    2. Re:Edonkey2000 by kaligraphic · · Score: 1

      You need to try a hash collector like sharereactor. Start your download from SR instead of searching in the program. It will then look for the file by its hash, and you're guaranteed the same file that SR got.

      --
      You are standing in an open server west of a blue house, with a boarded front door. There is an Exchange mailbox here.
  78. Re:This of course will force the networks to evolv by CausticWindow · · Score: 1

    Please don't spread the word about Soulseek. Especially not on big sites like Slashdot. The central sever is overloaded enough as it is, the audiogalaxy crowd have almost ruined it already. If spreading the word meant more paying users, then maybe they could afford to upgrade the server, but the I don't think advertising it on Slashdot brings the right kind of people.

    And for those of you not in the know, Soulseek is primarily for electronic music, so don't go there to download the latest Britney album.

    --
    How small a thought it takes to fill a whole life
  79. Let's kill by Anonymous Coward · · Score: 0

    riaa.org again! DDoS! DDoS! DDoS!

    1. Re:Let's kill by Professr3 · · Score: 1

      Um... ok. Although this sentiment is a little extreme, riaa.org will probably be DOSed again within a couple days anyway :-\

  80. The consumer is all that matters by HanzoSan · · Score: 2, Insightful



    I thought music was an art? All about the consumer?

    Who gives a damn about selling CDs? No one but the RIAA, Musicians tour and give concerts and would make more money without the RIAA around, Fans would be given more concerts and better overall deals along with cheaper music.

    Looks like both the creators of art and the consumers of art win with P2P, if we are a democracy and not a plutocracy, we should have a vote on it and if the people decide on P2P, the laws should be changed.

    Outlawing P2P in my opinion does more harm to the industry than making it legal, musicians cant make money because of the contracts with the RIAA not allowing them to use P2P to advertise their concerts.

    You see, P2P makes a musician popular enough to give concerts, and this is where the real money is made.

    College students wont pay for music, but we will pay to go to a concert, I go to the movies more now that P2P exists than I did before it existed, I'll be going to see the Matrix, and I WILL buy software if its at a decent price,

    People who think P2P makes the industry lose money, they are right the guys in suits who dont create anything lose money, and I hope they all go bankrupt, but the musician gains money and the consumer gains quality service, better concerts, and can get music at a better price.

    What ever happened to democracy? the DMCA wasnt requested by anyone but CEOs and lobbyists who dont even make music.

    --
    If you use Linux, please help development of Autopac
    1. Re:The consumer is all that matters by gav1n · · Score: 1

      Who gives a damn about selling CDs? No one but the RIAA, Musicians tour and give concerts and would make more money without the RIAA around, Fans would be given more concerts and better overall deals along with cheaper music.

      Musicians aren't interested in selling CDs? I have a hard time believing that. Maybe you meant who is interested in profiting from the sale of CDs. You say you are a musician. I wonder have you talked to any other musicians? You can't tell me they aren't interested in getting people listening to their music.

      College students wont pay for music, but we will pay to go to a concert, I go to the movies more now that P2P exists than I did before it existed, I'll be going to see the Matrix, and I WILL buy software if its at a decent price,

      Another sweeping generalization! I am a college student, and I will and do pay for music. In fact I pay for a lot more music than I ever did before I could download it quickly and take a listen before making a purchase.

      What ever happened to democracy? the DMCA wasnt requested by anyone but CEOs and lobbyists who dont even make music.
      You need to wake up. We are not a democracy.

    2. Re:The consumer is all that matters by smasherbob · · Score: 1

      You are totally, utterly missing the point. CD sales do NOT equal exposure anymore. This is what P2P does, remember?

      As for your other point, about his 'sweeping generalization', congrats: you're either lying or you're in the 0.0001% of the population of the world that actually does what you claim. Let's not be delusional here.

  81. Wrong. by HanzoSan · · Score: 4, Interesting



    I'll make music, so will every other musician, do you know why? The musicians dont make money selling CDs, we make money selling concert tickets!

    I'd spread my music all over the net, just so I can sellout at all my concerts and make $20,000 in a day, about the same amount I'd make in a year selling CDs if I made anything at all.

    Theres no shortage of wannabe musicians, some which have talent, I suggest you go outside more, theres free concerts all the time all over the place, because musicians are desperate for fans.

    Fans matter more than CD sales, CD sales only matter to record companies, Fans go to concerts, buy Tshirts, and give musicians the big money.

    A musician is not a doctor or engineer, you arent trained to do it, you can take a kid and give him a mic and this kid could be the best singer of all time (Think Michael Jackson),

    Under this Model we will have increased supply, the quality will be just as good, but because there will be more to choose from, YOU might not like alot of the new music flooding the market, this doesnt change the fact that there will be alot of music you will like.

    Whats wrong with increasing the supply? Music is not a profession its an art.

    --
    If you use Linux, please help development of Autopac
    1. Re:Wrong. by SubtleNuance · · Score: 2, Insightful

      I'll make music, so will every other musician, do you know why?

      because true Artists, are compelled to create as a matter of their existance. It is not work, most artists would like to use their music to make a living -- but that is so that they can spend more time dedicated to the art itself.. not so they can get like "Jennie-on-the-block-who-has-big-diamonds-and-what ever-shut-the-fuck-up."

      There is music(art), there is then there is the product(RIAA).

    2. Re:Wrong. by HanzoSan · · Score: 0, Troll

      Actually if not for the RIAA i'd be able to put my music on the radio, id make more money.

      All the billions the RIAA and Hilary Rosen makes, belongs to the musicians, they rob the musician more than the P2P pirates.

      --
      If you use Linux, please help development of Autopac
    3. Re:Wrong. by funkman · · Score: 1

      You sir are wrong! Musicians are in it for 3 things: sex, fame, money.

    4. Re:Wrong. by 1lus10n · · Score: 1

      Thank you kid rock for that insight.

      i hope to god you were joking.

      --
      "Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe." --Albert Einstein
    5. Re:Wrong. by clickety6 · · Score: 3, Insightful

      A musician is not a doctor or engineer, you arent trained to do it, you can take a kid and give him a mic and this kid could be the best singer of all time (Think Michael Jackson),

      If you think a good singer isn't trained, then you'll never make the big time... you may have raw talent, but even the most gifted singer has to train to sing properly - it's not just a matter of opening your mouth.

      --
      ----------------------------------- My Other Sig Is Hilarious -----------------------------------
    6. Re:Wrong. by Anonymous Coward · · Score: 0

      You mean if you had talent your music might be played on the radio. Where are those free downloads for your music, anyway?

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

      > Want Linux Games? Transgaming [transgaming.com]

      Nice try :p
      you'll find Linux games here and here
      Transgaming offers a way to running Windowsgames on linux
      and I think the transgaming referrer competition ended some time ago :p

  82. Re:This of course will force the networks to evolv by anthony_dipierro · · Score: 1

    If everyone started using that, the RIAA would just start marking lots of legitimate files as fakes.

  83. TV is free. by HanzoSan · · Score: 1, Interesting


    Look at regular TV, its free, thats the only reason why its so successful.

    Look at the internet, its free, and its successful.

    Then you have the music industry, which isnt free, and the RIAA controls almost 100 percent of the industry, this is the probblem. Cable is a niche market which you dont need to watch tv, theres pay sites on the net, which you dont really need, but they fill a niche,

    The RIAA controls every type of music imaginable, and has a monopoly, they dont let independent music on MTV, so they wonder why people pirate their music?

    Why not let some free Music get play on MTV and maybe people wouldnt pirate the RIAA so much anymore.

    Honestly most of the music I listen to is from independent artists anyway.

    --
    If you use Linux, please help development of Autopac
    1. Re:TV is free. by rikkards · · Score: 1

      Using your TV analogy, then saying that radio is free and ergo so is music.

    2. Re:TV is free. by HanzoSan · · Score: 0, Redundant



      It should be.

      --
      If you use Linux, please help development of Autopac
    3. Re:TV is free. by TheGreek · · Score: 2, Insightful

      You, sir, are a retard.

      Look at regular TV, its free, thats the only reason why its so successful.

      Regular (read: broadcast) TV is not free. The price of watching TV is watching advertisements. You might not have a problem with that. Some people do.

      Cable TV is very much not free. It, too, is quite successful. While there are some people who steal service (although, from your posting history, you will disagree with my usage of the word "steal" here, but that's okay; you're a fucking retard anyway), an overwhelming majority of people who receive Cable TV signals pay for them.

      Look at the internet, its free, and its successful.

      The internet is not free either. Routers, lines, switches, and everything else all cost money, in terms of initial capital expenditure, maintenance, and personnel costs. While you yourself might not be billed explicitly for internet access, you are paying the price, as are other people.

      Most websites are not free. They, like broadcast television, have advertisements, or are membership-based. There are very few good places for free content that do not attempt to recoup costs through advertising, or asking for donations.

      The RIAA controls every type of music imaginable, and has a monopoly, they dont let independent music on MTV, so they wonder why people pirate their music?

      The RIAA cannot prevent me from writing my own songs, and performing them in front of a live audience. Nor can the RIAA prevent me from distributing recordings (either live, or in a studio) containing my own songs either online, or direct mail, or in person. Sure, I probably can't get space at the local Best Buy, Tower Records, or FYE. But that's how business works. Grammy Malda can't sell her homemade jams at the local MegaSupermarket, either.

      MTV is as much a monopoly as CBS or NBC is. NBC will not let me write my own TV show and put it on TV. I guess that means I should make copies of Friends and ER available online. Are you really as retarded as you seem? Yes, actually, it appears that you are:

      Why not let some free Music get play on MTV and maybe people wouldnt pirate the RIAA so much anymore.

      Because, by and large, most people do not want to listen to "free" or "independent" music. I personally find most popular music today to be horrible. Obviously, a significant portion of the population disagrees, which is why it's called "popular music" in the first place. That's fine. They're free to have their own opinion, and buy the songs. But they (and you) do not have the right to download music without paying for it--either out of protest, or for any other reason.

      You, once again, are a completely and utterly nimwitted and retarded juvenile who lacks a superego.

    4. Re:TV is free. by RyatNrrd · · Score: 2
      You, sir, are a retard.

      ...You, once again, are a completely and utterly nimwitted and retarded juvenile who lacks a superego.

      Hey, play nice! The guy has an opinion that is different to yours, and is presenting an interesting theory with some merit. It is reasoned and original, maybe with logical flaws, maybe with a few facts that are opinion, but at least it's a relatively new thought rather than the usual quacking that goes on here. Maybe you disagree, maybe there are some flaws in the theory, but that really doesn't excuse such a vile attack. If you really do feel that strongly about the definition of "free" entertainment and the merit of the RIAA, present your argument politely with respect and people will listen to you. Otherwise you end up sounding like the immature one, and those who you offend will simply stop posting their new ideas. And these forums will be the worse for it.

    5. Re:TV is free. by Anti-HanzoSan · · Score: 1, Funny

      You swine. You vulgar little maggot. You worthless bag of filth. As we say in Texas, I'll bet you couldn't pour piss out of a boot with instructions on the heel. You are a canker. A sore that won't go away. I would rather kiss a lawyer than be seen with you. You're a putrescent mass, a walking vomit. You are a spineless little worm deserving nothing but the profoundest contempt. You are a jerk, a cad, a weasel. Your life is a monument to stupidity. You are a stench, a revulsion, a big suck on a sour lemon. You are a bleating foal, a curdled staggering mutant dwarf smeared richly with the effluvia and offal accompanying your alleged birth into this world. An insensate, blinking calf, meaningful to nobody, abandoned by the puke-drooling, giggling beasts who sired you and then killed themselves in recognition of what they had done. I will never get over the embarrassment of belonging to the same species as you. You are a monster, an ogre, a malformity. I barf at the very thought of you. You have all the appeal of a paper cut. Lepers avoid you. You are vile, worthless, less than nothing. You are a weed, a fungus, the dregs of this earth. And did I mention you smell? Try to edit your responses of unnecessary material before attempting to impress us with your insight. The evidence that you are a nincompoop will still be available to readers, but they will be able to access it more rapidly. You snail-skulled little rabbit. Would that a hawk pick you up, drive its beak into your brain, and upon finding it rancid set you loose to fly briefly before spattering the ocean rocks with the frothy pink shame of your ignoble blood. May you choke on the queasy, convulsing nausea of your own trite, foolish beliefs. You are weary, stale, flat and unprofitable. You are grimy, squalid, nasty and profane. You are foul and disgusting. You're a fool, an ignoramus. Monkeys look down on you. Even sheep won't have sex with you. You are unreservedly pathetic, starved for attention, and lost in a land that reality forgot. And what meaning do you expect your delusionally self-important statements of unknowing, inexperienced opinion to have with us? What fantasy do you hold that you would believe that your tiny-fisted tantrums would have more weight than that of a leprous desert rat, spinning rabidly in a circle, waiting for the bite of the snake? You are a waste of flesh. You have no rhythm. You are ridiculous and obnoxious. You are the moral equivalent of a leech. You are a living emptiness, a meaningless void. You are sour and senile. You are a disease, you puerile, one-handed, slack-jawed, drooling, meatslapper. On a good day you're a half-wit. You remind me of drool. You are deficient in all that lends character. You have the personality of wallpaper. You are dank and filthy. You are asinine and benighted. You are the source of all unpleasantness. You spread misery and sorrow wherever you go. You smarmy lagerlout git. You bloody woofter sod. Bugger off, pillock. You grotty wanking oik artless base-court apple-john. You clouted boggish foot-licking twit. You dankish clack-dish plonker. You gormless crook-pated tosser. You churlish boil-brained clotpole ponce. You cockered bum-bailey poofter. You craven dewberry pisshead cockup pratting naff. You gob-kissing gleeking flap-mouthed coxcomb. You dread-bolted fobbing beef-witted clapper-clawed flirt-gill. You are a fiend and a coward, and you have bad breath. You are degenerate, noxious and depraved. I feel debased just for knowing you exist. I despise everything about you, and I wish you would go away. I cannot believe how incredibly stupid you are. I mean rock-hard stupid. Dehydrated-rock-hard stupid. Stupid, so stupid it goes way beyond the stupid we know into a whole different dimension of stupid. You are trans-stupid stupid. Meta-stupid. Stupid collapsed on itself so far that even the neutrons have collapsed. Stupid gotten so dense that no intellect can escape. Singularity stupid. Blazing hot mid-day sun on Mercury stupid. You emit more stupid in one second than our entire galaxy emits in a year. Q

    6. Re:TV is free. by TheGreek · · Score: 1

      Read his earlier posts. His theory is not at all interesting, and it has no merit. It is unoriginal rationalizing.

      I would have been much more polite, but people have attempted politeness in the past with him, with no result.

      Spades are spades. I call them as such. You, sir, are at least a club.

    7. Re:TV is free. by Anti-HanzoSan · · Score: 0

      And you, sir, obviously haven't been around ./ very long, or you would realize he was responding to HanzoSan, the most notorious troll/moron in Slashdotland.

      Make no mistake, he deserves all the grief he gets.

    8. Re:TV is free. by spoco2 · · Score: 1

      Using your analogy, as someone else has pointed out, against music simply provides us with the 'Radio' model... which is 'FREE' as you say tv is.

      Yet in both of these models, your watching/listening is interrupted with ADS, which PAY for the shows/songs.

      If you're trying to put this model onto music in general, and say that albums should be 'FREE', then we'd have CDs that were one half music, one half ads. And, just so you didn't skip the ad tracks, they'd pop up in the middle of songs.

      Saying music should be 'FREE' is just plain wrong. Sure people should have the ability to provide their music for free if they want, and many do... but then they also only provide some of it, and ask for money for the entire album or whatever. No one can make a living from solely giving it all away for free.

      To say that the real money is in putting on shows is also naive. Sure there is a lot of money to be made from touring, but it also costs a lot to go on tour in the first place. And to do that you need some up front cash... best provided by SELLING your music.

      If you want a world where all music is 'FREE' but sponsered by advertising, you can have it. I'd rather pay the artists I like and respect so that I can have an album in the form in which they wanted it to be heard, from begining to end.

    9. Re:TV is free. by Anonymous Coward · · Score: 0

      Look, if it upsets you that much, post your address and we'll be glad to mail you a hankie - a nice pink one to go with your politics!

    10. Re:TV is free. by Commutative+Monoid · · Score: 1

      No, HanzoSan really is retarded. The grandparent is quite safe in his reference to him as such. The only people that will see the grandparent as 'immature' in his assessment are those that have not had the displeasure of attempting to have rational discussion in the same forum as HanzoSan.

      --
      You have exactly 314 seconds to come up with a less retarded plot.
    11. Re:TV is free. by hesiod · · Score: 1

      Despite the few trollish statements, you make a good point, especially about Grammy Malda's Jam.

      Regarding the space at those record stores, were the RIAA to go under, there would probably be smaller recording companies that would get all that space, and therefore there would at least be some chance of having your music sold, instead of being guaranteed no placement, as it is now.

      As for the Internet not being free, that's like saying these P2P networks are not free because someone had to pay for the computers to host all these songs on and also because Kazaa has advertising. Because someone CHOOSES to spend money on something and not pass the costs on to others doesn't mean it's not free, just that it's not free to access through certain (most) companies.

      > > Why not let some free Music get play on MTV and maybe people wouldnt pirate the RIAA so much anymore.
      > most people do not want to listen to "free" or "independent" music

      I doubt that very seriously. People choose not to listen to free/independent because they do not want to have to search for good music. If they were able to hear that music, say on the radio, these "independents" might become more popular, possibly even *GASP* pop music! I don't think that people, in general, care what company produces an album: as long as they get the chance to hear it. It's all about exposure, and the Recording Industry does not seem to like to "expose" those who do not fit perfectly into their plans.

      > You, once again, are a completely and utterly nimwitted and retarded juvenile who lacks a superego.
      And you are acting like a pompous jerk who can't make a point without insulting the person you are talking to. Sounds like you lack superego as well. Or maybe superego is a made-up concept that doesn't exist. Of course, neither of us can say -- we aren't gods, or at least I don't claim to be one and don't think that you would either.

    12. Re:TV is free. by Anonymous Coward · · Score: 0

      Excellent put down. Had to mod this funny, as it was the most original thing I've seen here on /. in quite some time.

  84. "empty" as in full of silence? by volkerdi · · Score: 2, Funny

    Contact the John Cage estate and tell them the RIAA is distributing copies of Cage's copyrighted silence (4'33", exactly 4 minutes and 33 seconds of silence). They've won cases against people infringing against their silence in the past. If they're distributing any substantial chunk of silence as "music", it's probably a copyright violation.

    1. Re:"empty" as in full of silence? by panurge · · Score: 1

      The Cage piece is pure plagiarism. The religious society of friends (Quakers) have been holding meetings with intervals of silence since the 17th. century, and the Trappists are perhaps even more famous for their silences. The actual duration of many of these silences must have been 4' 33'. Most of them are now in the public domain. I offer this helpful suggestion to anyone who wants to release any amount of silence as a recording.

      --
      Panurge has posted for the last time. Thanks for the positive moderations.
  85. Artists do not need the RIAA if by HanzoSan · · Score: 1



    The RIAA goes out of business and loses its monopoly on the industry.

    Artists make money on tours, at clubs, having concerts. CD sales are for the record companies, the artists dont usually see a penny.

    Why should an artist need to pay a record company back now? Record companies dont do anything anymore, we dont need them anymore.

    Artists have the internet and P2P companies now, the problem is, record companies cant stand competition, so they want to fight the technology.

    I say let the record companies burn in hell, all of them, their musicians will continue to make music when they are gone, most of these musicians will actually make more money, the quality of the music will most likely be the same because currently its not like record companies are recordinng music in surround sound.

    Concerts are what really matters, shitty musicians like Britney Spears wouldnt survive because their concerts suck, Musicians like Michael Jackson would return to the spotlight, the overall talent would be on display, not just how much money a person paid a producer to help them write and make stuff, they need talent to do it on stage.

    This is good for us because we'd get more music, kinda like how the comedy industry works, most comedians make money at shows, they dont make their money selling CDs and Videos, not unless they are extremely good.

    --
    If you use Linux, please help development of Autopac
  86. Re:This of course will force the networks to evolv by TheKey · · Score: 1

    Actually, the indie scene is thriving on it as well.

    --
    My Journal - 1,337 fans and countin
  87. Re:This of course will force the networks to evolv by CausticWindow · · Score: 1

    I know.. it's sad :(

    Used to just be us elitist IDM'ers :)

    --
    How small a thought it takes to fill a whole life
  88. Re:CDR != Pirate ... unless you live in Canada by devnullify · · Score: 1

    Lovely CDR levy, even big box retailers are campaigning against it. It's pretty much the most blatantly ignorant legislation on this issue so far. A portion of every CDR sale is supposed to go to musicians...even if the CDR is not exclusively used for music. Retailers have to lower their margins to be competitive, and 'legitimate' users of the media have ot pay more. Go figure.

  89. Do we really want that? by TamMan2000 · · Score: 1

    I hope that the lawyers for Kazaa etc... can find some means to sue

    I think trying to go after the RIAA with anything other than technology on this one will only legitimize their claim that the purpose of P2P is to pirate media, not to share files in general.

    Are people going to claim that it is somehow illegal to name your own files certain things and place these files in publicly available areas of your machine (I think there might be a case if it was harmful to the system downloading said files, trojans etc...), that sounds like an enormous restriction of ones right to control their own computer, you guys don't want that restricted do you?

    --
    "I'll have a Guinness, no wait, make that a Coors Light" -Grad student I work with, who shall remain anonymous...
    1. Re:Do we really want that? by hesiod · · Score: 1

      > that sounds like an enormous restriction of ones right to control their own computer, you guys don't want that restricted do you?

      Damn you, for coming up with compelling arguments! :)

  90. An interesting quandry by downix · · Score: 1

    Another story on Slashdot discussed Apple's newest p2p service, a pay
    service (like $1 a song, $10 an album). The funny thing is, Apple's
    made millions on this in the few weeks it's been running....

    And the RIAA is claiming that there is no money to be made?

    If I had an option to pay $1 for a music single I liked in MP3 format,
    I'd jump on it.

    I'd also note, MP3 is a lossy technology, even at best sampling, it
    looses some data.

    --
    Karma Whoring for Fun and Profit.
  91. I wish someone would get it right. by sllim · · Score: 4, Insightful

    I am reading through all these comments and no one seems to have nailed it.
    The way I see it there are several reasons the RIAA is in trouble.
    (in no particular order)
    1. Todays music sucks donkey ass through a crazy straw. This is the oldest reason, and the reason why the RIAA loosing money predates Napster. On the surface it sounds like I am blaming the musicians, after all they are making the music. Wrong. Many years ago the RIAA realized that POP music is where all the money is. They have been ignoring decent artists for a while now in favor for people whom they consider low risk. It is those risky folks that put out great music.

    2. Failure to acknowledge and take advantage of a changing marketplace. If the RIAA had been on the forefront of digital downloads this would be an entirely different, and I suspect legal marketplace. Instead they screamed and kicked like a 4 year old. No amount of wishing and suing will make the digital domain go away. For whatever reason that I cannot understand the RIAA refuses to even consider to adapt. My best guess is it is a poorly chosen use of 'pride'.

    3. Abuse of there most loyal customers. I used to buy a lot of music. Something along the lines of 2 to 3 albums a month with the occasional splurge of a 5 album or a box set purchase. Then I began learning about my computer. Then I bought a CDRW drive. What I did next was to back up my investment. I am tired of scratching overpriced CD's and making them useless. I am tired of having them stolen. I am tired of having to track them down when I have misplace them. I am tired of having to decide what gets kept at work and what not. A PC and a CDRW drive (legally too I might ad) resolves all those problems. Now whenever I buy a CD I feel like a scmuck. I feel like I am being treated so badly by these people I must be out of my mind to spend money on the overpriced product.
    That is no way for an industry to act. I should feel good buying there product.

    The RIAA is dying and it is a death that cannot come soon enough.
    Sooner or later a talented and smart musician will utilize the web and digital downloads to reach superstardom and cut the RIAA trappings out of the equation.
    That day will be the axe to the neck of the RIAA and it cannot come too soon for the industry.

    1. Re:I wish someone would get it right. by ZorbaTHut · · Score: 1

      Todays music sucks donkey ass through a crazy straw

      You know, you're right! And it's ironic, too, in a way. See, when I was a kid, my parents told me that my music was terrible. They said it was loud and pointless. But guess what - it was really good music, and it's *today's* music that's terrible, loud, and pointless!

      Isn't it strange how every generation but your own has bad taste in music?

      I'm just glad you're around to prove me right. I mean, without you, I might actually have started thinking maybe my opinion *wasn't* indisputable fact.

      . . . okay, enough sarcasm. My CD folder contains T.A.T.U, Eve 6, Beach Boys, They Might Be Giants, Toad the Wet Sprocket, Beethoven, The Beatles, Tears for Fears, Paul Oakenfold, and Linkin Park. I like all of it, mostly for different reasons. Just because you don't like it, however, does not mean it's bad music. It merely means you don't like it.

      I've heard a lot of independent artists. Some of them are great, and I buy their CDs. Some of them are not. On the other hand, I realize that this is just my opinion, not cosmic law. Please do the same.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    2. Re:I wish someone would get it right. by Silburn_Luke · · Score: 1
      No amount of wishing and suing will make the digital domain go away. For whatever reason that I cannot understand the RIAA refuses to even consider to adapt. My best guess is it is a poorly chosen use of 'pride'.
      As my other post said upthread, its not pride - its stupidity with a capital S. Just because these guys are rich doesn't mean they're clever. For the most part major label execs are old A&R men ie. guys who dropped out of school to spend all their time getting shitfaced at gigs.

      Their entire business model is built on (a) their lock on the distribution channel, (b) their collusive and oligarchic pricing (derived from (a) above) and (c) their ability to dangle golden-seeming carrots in front of naive young acts that are actually grotesquely exploitative indenture contracts (derived from (a) and (b) above). In any other industry these people would be working in the postroom or on a nightshift checking the locks and switching lights off.

      Luke

      --
      #include witty_one_liner.h
    3. Re:I wish someone would get it right. by sllim · · Score: 1

      You have no idea who your sarcasm is directed at.

      I will define 'sucky music' more thoroughly. We will see if you can see my point then.

      I have a little test. It goes like this. 99% of music is crap. Hell, 99.99% of it is crap actually. It is a very, very small sliver of a percent that is actually not crap.
      That goes for all music. I am saying that out of the thousands of albums I legally own most are in the crap category. That goes for you, me and everyone. Most of the music we enjoy is crap.

      Here is the trap. I suspect that most of the music that we enjoy require us to be in a certain time and space. When I say time and space, I don't mean like compass directions, I mean like growing up in the 90's, or being a teen during Woodstock.
      Take Hip Hop and R&B as an example. I can't stand the stuff. Is it because I am a racist asshole? No. It is because I am 30 years old and I grew up in a different time and place.
      If the music is good but it requires that you grow up in that time and place to enjoy it then it is crap. Period.

      Truly great music defies this.

      Look at Don McLean's American Pie. I am 30 years old, do the math, that song was recorded before I was born. I have absolute faith that when my children are old enough to appreciate music I will be able to play that song for them and they will love it. That song is a truly great song.
      A lot of Jimmi Hendrix music passes this test.
      So does some Black Sabbath.

      The problem in finding this stuff is that you are blinded by music that was your generation. You don't have the ability to properly test that music. The only way to do it is to find someone that is completly out of the know and to play it and see what happens.
      Look at Nine Inch Nails, Ministry, Sonic Youth and Nirvanna. They all put out albums that people consider 'classic'. But are they classic in the sense that Jimmi Hendrix is classic? Or are they just albums that somehow define the music they are about?
      They are two different things.

      I truly don't know the answer to that question. Those are albums of my time. I cut my concert teeth at a Sepultura/Helmut/Ministry concert. My first pit (every bit of a special memory to me as my first blow job) was Sepultura. If I find a 14 year old kid and play that music for him what is he going to think of those classic tracks?

      Now you may be sitting there nodding your head and saying 'He has a point, but this jerk is way too harsh to define stuff like that.'. I am inclined to agree with you.
      But I don't measure all music like that. I already admitted that most of the stuff I enjoy is crap.
      I kind of look at things like this. The quality of (RIAA endoresed, available in record stores, copyrighted) music being put out can be measured by the percentage of it that is not crap.
      And I charge that, that percentage is smaller then it has ever been before. I think that percentage is historicaly small.

      I am also making the arguement that the people that are out there making music that is not crap are having a tougher time getting a contract then ever before. I would imagine that TMBG wouldn't sum up there existence as a cakewalk. But I have this feeling that there are people out there right now of that caliber that find they simply can't get there music signed.

      For the last time I am not blaming the musicians. This is the fault of the RIAA.

  92. Technical Countermeasures by Analysis+Paralysis · · Score: 2, Informative
    There is an application called PeerGuardian that can block communications with untrustworthy hosts (using an IP list like the P2P Enemies list). Shareaza users should check the forums - especially the Security and Privacy one for the Shareaza Security Update, that does a similar thing.

    Users of the Agnitum Outpost firewall can download the Blockpost plugin which blocks access to sites at the IP level (i.e. you would not even be able to ping such restricted sites). A Blockpost filter list based on the P2P Enemies list can be found in this thread.

    1. Re:Technical Countermeasures by Anonymous Coward · · Score: 0

      Ooo a list of trustworthy hosts. Now the RIAA has a place to find people to have arrested.

    2. Re:Technical Countermeasures by hesiod · · Score: 1

      > > can block communications with untrustworthy hosts
      > Ooo a list of trustworthy hosts.

      I've said RTFA many times before, but I believe this is my first RTFP (post, parent, whatever).

  93. The problem with what the RIAA is doing... by Peterus7 · · Score: 1
    Is that they are not making money by doing this. They are pissing people off and wasting their own money. They have an already crappy reputation, and by doing this they just dig themselves into a deeper and deeper hole.

    The thing is they have been doing this for quite a while. What you have to do is just type in the name of the song and then 'real.'

    The problem with what they are doing is that the fake copies will eventually be deleted or what not. Nobody will upload fake crap if they know it's not real. Unless, that is, the RIAA started buying out college students to start uploading fake music, (It would look better than them persecuting them and turning them into martyrs)and in return they get either money or free memberships to legit P2P networks.

    I should shut up now before the RIAA starts coming after me, asking me to upload garbage for them...

    I just find it sad that the RIAA continues to sink lower and lower and lower... What next, the replacement for Hilary Rosen being a cross between Darth Vader, Bill Gates, and Cthulu?

  94. damn by Anonymous Coward · · Score: 0

    you're limiting our ability to steal your shit, now give us your money.

  95. Excuse me... by Anonymous Coward · · Score: 0

    >> A lot of people seem to think that record companies "need to adapt", which seems to be a shorthand for "sell things to us in the manner we want them sold, all terms dictated by us, and the price we want them sold at"

    Yes, they're that strange alien race called "clients", who possess an interesting device called "money", which they got in exchange for hard work.

    RIAA wants that "money" for a song.

    RIAA should be protected from pirates, ok, but should _not_ have so much power as to attack civil liberties. This is so idiotically obvious!

    If only there was a correlation between big bucks and music quality...

    Piracy started because of them, in the first place. Nobody would pirate a 99 cent music... they can only pirate because there are lots of buyers who can't afford high prices.

    RIAA wanted all, therefore lost all. This is only fair.

  96. Re:This of course will force the networks to evolv by Luke-Jr · · Score: 1

    Uh... Since when? Real downloads usually range from 10KB/sec to 100KB/sec. And then there are a few times you might get a better (or worse) speed.

    --
    Luke-Jr
  97. Re:This of course will force the networks to evolv by AvantLegion · · Score: 1
    Similar to how these comments are rated on Slashdot.

    We all know how great Slashdot quality control is. :)

  98. Haven't they figured out ... by jrl87 · · Score: 2, Funny

    That teenagers are just about the only people downloading movies and/or music (and if they couldn't download it they'd find someone at school and copy the CD) everyone else who is not a teenager uses the P2P to download porn

    1. Re:Haven't they figured out ... by Rev+Saxon · · Score: 1

      Im a teen...but I also use it to find porn. Its much simpiler than looking online!

      --
      I am that much more enlightened and proportionally disillusioned
  99. Is kazaa really so bad? by Zuperdominican · · Score: 1

    To be honest I was not a big fan of music. That was of course until I discovered P2P. All the files you want, all of the time, for no price at all. So I started downloading music from System of a Down. I loved the band so much that I went out and bought all three of their CDs. I have them somewhere in my closet, unwrapped. I've done this with every artist I think deserves my money. Fact is, not everyone using P2P is a criminal. If the music industry does not enbrace the digital generation its future is doomed indeed.

  100. Typo? :-) by bullestock · · Score: 1

    > a voice file asking, "What the f*ck do you think you are doing?"

    Huh? How the fuck do you pronounce that? "What the fasteriskck"? Doesn't make sense...

  101. The Begining of the end [Call to Action] by Anonymous Coward · · Score: 0

    It looks like the RIAA and MPAA along with any corperation using laws like the DMCA are looking for a new Digital War a war that involves people to stand up for there rights of privacy and fair use. We are losing our rights and I for one am a fighter!!!!!!!!!!

    I say this enough is enough lets start screaming!!! knocking real doors down start rising mailing the politions !!! Acting !!!

  102. you speak the truth... by Archfeld · · Score: 1

    I really think DVD piracy is subsiding...You can get the DVD, with a bonus DVD and the sound track for a reasonable price, sometimes LESS than the cd music track alone !!!! While I've downloaded some DiVX's in my time the quality is not there and it is usually just a teaser before buying or actually renting, I'm a netflix addict these days :)

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  103. Perhaps a checksumming system, or not? by Anonymous Coward · · Score: 0


    The raw data of a CD would be easy to checksum with md5 but will mp3's checksum and who would be willing to provide a site for valid checksums. I haven't taken the time to setup the free web account I have but if a machine readable file shows up that I can verify I'll consider putting it online.

    Also does /. filter known MPAA/RIAA sites?

  104. Two wrongs don't make a right.... by Newer+Guy · · Score: 4, Insightful

    Two wrongs don't make a right....and when the RIAA pulls this crap, all they do is hurt their cause. This is why ultimately they will lose. This is a desperate act, much like someone who has nothing to lose would do. Their problem is, the RIAA has already lost. They just don't realize it yet. They had a two year window to embrace the new technology; instead they tried to squash it. Problem is, though you can kill a server room full of computers, you can never kill an idea. Every time they win a court battle and out one p2p program offline, three replace it. In fact, the tide is beginning to turn and they're now losing battles in court. Their response now is to break the law themselves, killing any credibility or moal high ground that they ever had. As I said, a true act of desperation on their part.

    1. Re:Two wrongs don't make a right.... by Anonymous Coward · · Score: 0

      Sure, two wrongs don't make a right, but what is the RIAA doing that's wrong? I'm sure they own the copyright on the "What the fuck are you doing" mp3.

    2. Re:Two wrongs don't make a right.... by glesga_kiss · · Score: 1
      I don't mind though. For each p2p they kill, a better and more robust one comes along. Each technique they use to make the network useless results in better networks. It's evolution in progress.

      You simply cannot take on the whole world and expect to win. There are no lobbyists that you can bribe to stop people writing software.

  105. ridiculous tactic that erodes rights by geekee · · Score: 1

    Unlike spam e-mail, p2p files are sought out by people wanting to download them. I should be able to have a file on my pc with any info I want, and whatever file title I want, and have it in a directory that's shared on a p2p network. If someone downloads it, and then sues me because it wasn't construed as a misleading file title, that's a serious erosion of my individual rights. The RIAA members should also have the right to share any files they want, even if they are intentionally misleading, through the same reasoning. It would be ironic if the RIAA were sued for sharing misleading files, but they couldn't identify and sue people actually distributing their copyrighted works illegally, as they've been trying to do in court now for some time, with limited success. Anyway, support of such legislation is a serious erosion of individual rights that should be frowned upon by this community. The courts got it right in letting Morpheus and Grokster off the hook. Let's not take a step backward by restricting what people can put on p2p networks.

    --
    Vote for Pedro
  106. Re:fucked Madonna mp3; what to look for by Anonymous Coward · · Score: 0

    Her LATEST single. Search for her latest single. quality==128. size==over 1M.

  107. In a land of Barbies... by dwaggie · · Score: 2, Informative

    ...they're pissed because some people just aren't buying the same things again and again and again. I can only stand so much of the same crap. I've stopped listening to the radio. I haven't searched for an mp3 for my own amusement and delight in at least a year and a half. I download, pretty much, from technomusic.org or just sit with DI open over an mp3 stream. The CDs I make for my car are techno remixes and rips of CDs I own. I have become that anomoly of a person who owns just about every mp3 they have and prefers them for management space over CDs.

    I still support the P2P experience.

    Peer-to-peer networks are not responsible for their content. The only 'point of contact' is the software provider, but there are many of those, now. gnutella (the original client) is all but gone, replaced by a million clones. There's dc, dc++ and a few hundred clients and p2p networks like it. No one could ever watch them all.

    The RIAA can't get a grip on the idea that they're slowly losing album sales to mediocrity. MTV is slowly disintegrating. The economy is in the trash, unemployment is fluctuating, but mostly towards the rising / steady mark, not towards the steady / dwindling one. It couldn't be that a decline in sales came from a decline of readily available money on hand, could it? Heaven forbid.

    They're spending an awful lot of money on people who will be able to do one of two thing: make them regredt it, or be able to ignore it entirely.

    1. Re:In a land of Barbies... by hesiod · · Score: 1

      > It couldn't be that a decline in sales came from a decline of readily available money on hand, could it
      > They're spending an awful lot of money on people who will be able to do one of two thing: make them regret it,

      Maybe the RIAA spending all this money on lawsuits, etc, is a good thing. If they waste every dollar they have to try to fight back against the evil consumer (okay, that's a slanted remark), maybe it will cut into their operating budget enough to start their own demise.

      Probably not, as they have HUGE legal budgets to waste, but I can hope, eh?

    2. Re:In a land of Barbies... by dwaggie · · Score: 1

      Heh. I could only hope for a penny of every thousand dollars they spend on just trying to find ways to punish people. I could most easily end up a very well off man. Hell, if every person got an equal share of their money, and there was no inflation because of it, America could become the highest per capita nation in the world ...

      But, eh, that's almost tantamount to some kind of socialist government. While it would be nice to get that kind of money at a moment's notice, what you would have to do to get it sort of turns the stomach ;)

  108. got mine jack! by Anonymous Coward · · Score: 0

    I just finished a 6 month project downloading every mp3 I could remember by song or group.

    Collection complete and backed up off line TWICE.

    I got mine, Jack!

  109. Digital signature on checksum tree. by Kjella · · Score: 1

    Actually I think this would be the best: Think something like .torrent, only with a public key infrastructure on top (i.e. PGP signature). Trust the keys of the major ripgroups (finding a trusted source for that shouldn't be too hard), and the RIAA/MPAA can try to fake as much as they like, but they only manage to fake a few blocks that'll be instantly recognized as bogus. At least that'll work well for movies, that have very few rippers. Audio might be slightly tougher, but no biggie I suppose. Note that I wouldn't mind having that on legal files as well, the biggest reason I don't like downloading anything off P2P networks is that I have no idea if it's been trojaned or not without going through a lot of trouble to find the right key and signature.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  110. Re:This of course will force the networks to evolv by Anonymous Coward · · Score: 0

    Careful with the community bit.
    In the fevered view of the powers that be that quite easily becomes "hacking group", cf. Drink Or Die and related IRC purges.

  111. What utter BS by Theatetus · · Score: 4, Informative
    If the music industry becomes obsolete, you will have no new music to download.

    What utter crap. Of my rather large CD collection, I'd say about 15% was produced by a large record label, and only about half was produced by a label at all. I don't infringe copyrights because the music spewed out by labels is almost completely crap, and the few bright spots I'm more than willing to pay for.

    I get most of my CDs by going to shows and getting them (usually for free) from bands I like, or downloading the tunes from their websites.

    Sure, anyone can put up a web page for marketing or distibution, but people still need to know that the web site exists.

    Ever heard of marketing? Mailing lists? Salesmanship? Good old-fashioned pressing the flesh? I know lots of bands that do that to get people interested in their work. Oh wait... you mean you want musicians not to have to work at it?

    Also, because just about anybody record songs in their basements and put them on the internet, they lack credibility. ANYONE can do it. Under this model, we will end up with an increased supply, but the product won't be nearly as good.

    Hello! Earth to Eminor! The music being spit out ALREADY lacks credibility. The quality ALREADY is no good. In fact, the only decent music I can find with a very few exceptions comes from people that RIAA members wouldn't touch with a 10-foot pole.

    Hey, if you feel you need some suit to decide what music you should choose from, go for it. But don't act like they're doing the rest of us a favor, OK?

    --
    All's true that is mistrusted
  112. Sue the RIAA...? by dolphi0 · · Score: 2, Insightful

    ...it just seems to be very hypocritical to me. I hate the fact that the **AA uses its seemingly infinite legal budget to stab at broke college students and and all the other users of P2P. At my school, recently the MPAA wanted to have the University kick the student out of school for sharing a copy of Austin Powers. I think that is a bit obsurd. The advocates complain that every new step in technology, the hackers (crackers) will be there to break and abuse it. The problem is as long as the steps continue to limit the features that people can use, people will revolt and just find a way around the new restrictions. Anytime you assume you are smarter than someone else, you will always eventually find an instance that you're wrong. That being said, if people are going to use "illegal" methods to crack their software, I don't see why they can do as much as possible to make it harder for them. The only people that are being hurt by a fake song on KaZaa are the people that are attempting to steal that song. (Okay, sure, you can say you're going to get a "back-up copy of a song that you own... Sure, that's what everyone is doing.... In that case, rip it yourself). Thus, you can't say "Heeey, the RIAA is making it harder for me to steal songs." Either you foot the money, or find a way to filter out the bad songs (checksums?) Anyway, how long can it be before the bands realize that they don't have to deal with the crap from the record companies. They get into a contract where the get $.50 (or less) on an album that is sold for $18. Sooner or later, they'll realize the record compainies are the enemy there... not the people who actually like the music.

    1. Re:Sue the RIAA...? by hesiod · · Score: 1

      > Anyway, how long can it be before the bands realize that they don't have to deal with the crap from the record companies

      The problem is that the RIAA is (arguably) a monopoly, and therefore even if they realize that fact, they have little choice. Either sign with the company to get the initial exposure (and usually, subsequent ass-raping) you need to "hit it big," or go indie & have almost 0 chance of it.

  113. Mod parent down! by Anonymous Coward · · Score: 0

    The so-called discussion is in fact a goatse link.

  114. Re:This of course will force the networks to evolv by TexVex · · Score: 1
    Blue Stone wrote:
    all the legit files are on average 2 to 4Kbps, whereas all the fake files download at 7 to 15Kbps
    Luke-Jr wrote:
    Real downloads usually range from 10KB/sec to 100KB/sec


    Sounds to me like Blue Stone is using a 56K modem with data compression. An MP3 file (a compressed format) would download at the modem's speed limit. A blank or garbage file, probably full of repeating junk, might be highly compressible and therefore download much faster.
    --
    Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  115. Welp, all we need now is... by Anonymous Coward · · Score: 0

    A MP3 or .OGG with an attached TXT file into the header or footer ascii info so that bands can distribute their music via p2p and advertise via the ascii info.

    FSCK the music industry, I like my funker vogt, de/vision, and porn on beta while playing games more than n'sych, briteny spears or metallica.

  116. Re:This of course will force the networks to evolv by TexVex · · Score: 1
    AvantLegion wrote:
    We all know how great Slashdot quality control is. :)
    For something mostly moderated by its users, I'd say it's pretty damn successful and I haven't seen anything better anywhere else. These message boards are far better moderated than your typical big message board site that has a few volunteer moderators who get nothing from their time except a special red name and often go on Eric Cartman-like "you will respect my authoritah!" ego trips.
    --
    Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  117. The difference between those and music... by Kjella · · Score: 1

    I think you are saying the same thing about music. That putting files on the sharing networks can actually HELP the music sell in stores. And this is so true.

    The thing is that if allowing bootlegs is profitable, well then they should make it so. But a company making bad business decisions is no excuse for the general public to override it. It is after all their copyright and they have the right to be as anal about it as the law permits. And we as consumers have the right not to accept that and not to buy it. But taking something for free because we do not want to pay the price is wrong. Be it for information or physical property.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:The difference between those and music... by CanadaDave · · Score: 1

      Of course, even if this is true, that allowing bootlegs is profitable, they'd never admit it. But being lax about it definitely means that they think something good does come from it. I mean we went from 8-tracks, to tapes, to CDs, and now to DVDs, and there still isn't a robust way for them to prevent customers from copying amongst themselves. I think this is because they don't care, and because allowing (by not enforcing) all-out copying of one's tape/CD means free advertising.

  118. Victory??? by boatboy · · Score: 1

    Begun the spam wars have.

  119. its just easier by simontek2 · · Score: 0

    i live on an island, its 7 mile drive from mainland, then i have to drive another 10 miles to the store, and pay $25 for a cd that i only want maybe 2 songs on it. its just too expensive. anyone get their cd's stolen? how much fun is that getting those back, if i have cdr's of musik, no one steals those. and most of the musik i listen to are not even sold in this country! much easier to d/l them.

    --
    SimonTek
  120. Err.. did the stupid fuzzover bother anyone else? by sudog · · Score: 2, Interesting

    So.. if the whole premise is that the RIAA's and Madonna's actions "are deceptive" and "affect commerce," and it's a given that they're being deceptive, how is it again that P2P inteference is "affecting commerce"?

    So says the article:

    'The actions of RIAA and MPAA in placing files on p2p networks to deceive users of those networks into thinking they're actual music or video files, to waste their time, resources, energy and bandwidth (not to mention hard drive space and CPU cycles) quite likely is "deceptive" and undoubtedly "affects commerce."' ... but then completely neglects to explain how the RIAA's actions actually "affect" commerce while going on at lengths to describe how the actions are deceptive.

    Oh, so he thinks that wasting someone's free time and a few fractions of a cent worth of hard drive storage somehow qualifies as "affecting commerce"?

    Does he think that the commerce in this case is the transaction of the consumer and their ISP? Who says there's a guarantee that the customer must have clean connectivity and that disconnects, packet loss, and other forms of network problems aren't part of this nebulous "commerce"?

    And who says that inserting machines onto a P2P network that say, "Yea, I have that song. Here!" and then send chunks of garbage to the requester is illegal to begin with? Does that mean that anyone who causes a song or movie to be corrupted to the receiver (for example, by deliberately jiggling the network cable) is similarly liable? Is corruption defined as missing pieces, too?

    This is all such fucking bullshit. The answer is superior technology and networking that is robust to interference, not lawyers and legislation.

    The only people fucking whining about Madonna inserting those samples are the ones who are too stupid to use a network that enforces file integrity with MD5 or rsync-like rolling hashes. Let the whiners whine. Madonna and people like her aren't going away. The solution is to deal with it with a better P2P network, not to sue Madonna into the dirt. As soon as we do that, we're no better than them.

    Sheesh. Haven't we learned anything yet?

  121. RIAA got one thing right by vaylen · · Score: 1

    Since they are now CREATING bogus files, this would constitute the most original recording they have made in 20 years. Matt Groening and Fox are taking this to another level. They are now creating pirate Simpsons T-shirts that look great when you buy them at some shady swap-meet, then fall apart in the washing machine... oh, wait, that's what the LICENCED one did...

    --

  122. Re:It was amusing how she got hacked after that... by Anonymous Coward · · Score: 0

    And they proposed to their girlfriend. Thats whats truely funny about it. His proposal was to hack Madonna's web page and let the whole world see it.
    I bet Madonna felt nearly as used as the unlucky few who downloaded her fake files...

    $17 for her new disc??

    Hope she did...

  123. nothing new by Anonymous Coward · · Score: 0

    Yawn blah blah RIAA blah blah blah get some news!

  124. Re:It was amusing how she got hacked after that... by Anonymous Coward · · Score: 0

    woah...

    edit that above.
    i just read the article. Was i off on the proposal

  125. Independant artists need a Unique Search Word by anagama · · Score: 1

    Looking for info in Linux - look for a "howto". Looking for info about the game of Go - use the koren term "baduk".

    Independant musicians should agree on a unique word to aid searchers in finding their sites - something like "indepmusic". Well, that one kinda sucks, but if there was such a word - searching would be way easier.

    --
    What changed under Obama? Nothing Good
  126. Re:Err.. did the stupid fuzzover bother anyone els by Anonymous Coward · · Score: 0
    Sheesh. Haven't we learned anything yet?

    Apparently not. PIRACY IS ILLEGAL UMMMKAY? Get over yourselves. Either BUY the music, or don't, but don't perpetuate illegalities because they want to put bogus files on a p2p network. Thats the NATURE of p2p. TOTALLY OPEN. If you want to pirate music/movies/software/etc, EXPECT TO GET FUCKED OVER. IT IS ILLEGAL TO PIRATE.

    jesus.

  127. Why not just...? by Anonymous Coward · · Score: 0

    Now didn't the so-called PATRIOT Act (enacted in such a hurry after 9-11) make attacking a computer network an act of terrorism? My question is, why don't the people decry the RIAA's "P2P Warfare" as such an act? I'd love to see the RIAA get what they deserve, but to use a bad law in a good way would be a first. What do you think?

  128. I already payed for Windows XP by Anonymous Coward · · Score: 0

    The rest of the $50,000+ software and mp3's I got off kazaalite wuz free

    muahahahahhaha

  129. Re:This of course will force the networks to evolv by okmijnuhb · · Score: 1

    Yes, just check all your downloads, delete any fake files, relabel everything correctly, and the network will remain relatively clean.

  130. Erm... by Snaller · · Score: 1

    Can someone tell me where i can get a sample of Madonna saying "What the f*ck do you think you are doing?" ? (And please don't say Kazaa, I wouldn't want to risc downloading a real Madonna mp3 and thusly violate her copyright!)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:Erm... by Anonymous Coward · · Score: 0

      Trust me, you wouldn't be the first one to ever violate Madonna...

  131. This is great. RIAA offering free music. by Anonymous Coward · · Score: 0

    I downloaded the song from the copyright holder and got a "corrupt" file. So I download the same song the RIAA offered from a different source. Since they're offering it for free I have their implied consent to download it from somewhere else.

    A good lawyer could use this to weaken their copyright.

  132. Music - like it or not. by tuomoks · · Score: 1

    You may or may not like this type of music http://www.gentlemanj.com/ but there are thousands of free music sites around - I actually have round a thousand of CDs, all legal and most copied to mp3, BUT I really don't like to pay extra to people who only collect the money - I like to pay creators.

  133. what the F#@k do you think you're doing ... by weighn · · Score: 1

    ... listening to Madonna?!?!

    --
    Mongrel News all the news that fits and froths
  134. Legit uses getting lost in the mix ? RIAA wins. by Dave21212 · · Score: 1


    Ok, is it me, or while so many people are focusing on problems downloading the supposed 'crap' that the big labels are feeding you, and on the 'war' to counter their countermeasures, and getting outraged, etc... what both sides are effectively doing is destroying the viability of the P2P model for music. Isn't this _exactly_ what the RIAA wants ? The threat to the them is that artists can distribute content globally, instantly, and without any help from the big labels, not that people will continue to download the Back Street Boys (and hence buy into the big label crap machine). I'm all for flagging RIAA backed content - for the Exclude filters !

    It's an old trick from a bunch of old thinkers, and as we over 30 know, age and treachery will always overcome youth and enthusiasm.

    Keep your eye on the ball people.

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  135. WTF? by DrMorpheus · · Score: 0
    Hell, no! To paraphrase Agent K. in MIB, "A person is smart, people are dumb" (or somesuch).
    WTF? Since when did the dialog from some lame ass movie become scientific fact? Are you telling me that when you step outside into a crowd you suddenly become more stupid? Human beings developed civilization and technology because they can communicate with and work with each other! All other animals are true individuals, even the preverbial cow herd is nothing more than a bunch of individuals panicing and acting independently of each other. Compare the action of a cow herd to that of a basketball team or a squad of soldiers and you'll see the difference between mindless individualism and thoughtful collective action.
    --
    Debunking the "59 Deceits"
    1. Re:WTF? by secolactico · · Score: 1

      WTF? Since when did the dialog from some lame ass movie become scientific fact?

      Ok, this reeks of troll but I'll bite.

      Nowhere did I state that it was a scientific fact. I'm merely expressing my opinion thru the words of a character in a popular movie.

      Human beings developed civilization and technology because they can communicate with and work with each other!

      And your point is...

      Compare the action of a cow herd to that of a basketball team or a squad of soldiers and you'll see the difference between mindless individualism and thoughtful collective action.


      Neither soldiers nor basketball players take a vote regarding strategies, that's what their leaders are for, you know, officers, team captains and coaches. If you don't like how they perform, you remove them. Otherwise you shut up and put up.

      --
      No sig
    2. Re:WTF? by DrMorpheus · · Score: 1
      Ok, this reeks of troll but I'll bite.
      Only if you think that someone pointing out that your argument is bogus because your quoting movie characters as if they're authorities, is trollish, otherwise it's called '"pointing out a bad argument."
      Nowhere did I state that it was a scientific fact.
      I suppose I should have stated something like, "Since when does dialog from a lame ass movie hold any argumentative/factual weight?" I instead went with something a bit shorter, but semantically the same.

      I'm merely expressing my opinion thru the words of a character in a popular movie.
      That doesn't make sense, especially since you were arguing against someone else (BTW, just so your not confused, I think the parent post was f*cked up too). When you argue with someone your implying that the topic that your arguing over can be factually established. Otherwise why bother disagreeing? It would be like arguing over whether chocolate ice cream is better than vanilla, or whether rap is better than rock. Both of those arguments are pointless precisely because they're arguments over opinions. Since your arguing in the first place, thus implying you believe the debate can be settled one way or another, your use of the movie dialog then implies that you believe the characters are some sort of authority on the issue.

      Human beings developed civilization and technology because they can communicate with and work with each other!

      And your point is...

      O.k., I'll write very s-l-o-w-l-y. If "people are stupid" then we wouldn't have human civilization or technology. It's precisely because people (as groups) are not stupid that we do have human civilization and technology. You know the whole Isaac Newton, "I have seen so far because I've stood on the shoulder of giants" sort of thing? Is that clear? People quote that line from MIB precisely because they're convinced that they're geniuses and everybody else is a moron. But they fail to realize that the quote, if it was true, has to apply to themselves too. Hence my question, "Do you get more stupid when you step into a crowd?" (which I noticed you conveniently ignored). So how about it? Does your I.Q. lower when your out walking in a crowd of people compared to when your alone? Care to answer?

      Neither soldiers nor basketball players take a vote regarding strategies, that's what their leaders are for, you know, officers, team captains and coaches. If you don't like how they perform, you remove them. Otherwise you shut up and put up.
      And the leaders don't mentally control their followers through some sort of telepathic hypnosis either. That isn't the point, the point is that each of the individuals in a team or squad are (usually) given imprecise instructions, e.g., "Take Hill 471." All of which can be accomplished in many, many, many ways that are up to the people that have been given the instruction. Micromanaging people, unless they're children or mentally retardad, is usually a recipe for disaster or at least massive inefficiency.
      --
      Debunking the "59 Deceits"
    3. Re:WTF? by jasonisgodzilla · · Score: 1

      You are attacking his argument by trying to overstate his premise. I don't think that he was saying explicitly, "when you walk outside you immediately drop 30 points down the IQ scale." What he was saying is that mob mentality is often a lot less sane/logical than individual mentality. See the Holocaust, any riot, fire at the Great White concert, etc. In all of these situations, an individual would most likely have had better judgement to deal with the situation, but in a mob setting, the actions of the individual are mooted by the actions of the mob. If you've ever been caught in the middle of a riot, and I have, you will quickly realize the truth of the statement "a person is smart, people are dumb." You can be Einstein, or General Patton but when you are caught in a mass of people your decisions are made for you. Unfortunately the majority of people are stupid. That means that when you are in a mob, no matter how smart you are, the decisions will be made by the mob, which will be overwhelmingly of less than satisfactory intellect. If you doubt the validity of this, go find yourself a large scale protest or sports championship "celebration" and you will soon realize the merit of this statement.

    4. Re:WTF? by DrMorpheus · · Score: 1
      I've been in large scale protests, sports championship "celebrations" and many other large gatherings and I've never seen any of the behaviors of the individuals there that is any different than they would have been had they been acting alone. Try reading this book, "The Myth of the Maddening Crowd" Clark McPhail, 1991 which shows that all of those popular myths about "crowd psychology" are utterly without factual basis.

      The individuals in a riot that set fires or throw rocks through windows and steal typically engage in vandalism and theft when they're acting alone too. The crowd setting merely gives them the excuse and the opportunity to engage in behavior that they do anyway. Again, I recommend reading that book since Dr. McPhail is the only person to have done systematic observation of riots, protests, and peaceful gatherings in the last 100 years. All other researchers on the subject merely quoted older researchers rather than gathering data themselves. McPhail documents this travesty very carefully.

      --
      Debunking the "59 Deceits"
  136. Now That's Entertainment by Anonymous Coward · · Score: 0

    Vocal Jazz Director--LOL!!

    Poor understanding of PHP--LOL!!!

    Playing Card references as insults--LOL!!!!

    Dinosaur defending dinosaurs--LOL!!!!!

    nimwitted and retarded juvenile who lacks a superego. Goddammit, highschool teachers are the biggest hypocrites--LOL!!!!!!

    1. Re:Now That's Entertainment by Anonymous Coward · · Score: 0

      and what do you do for a career, sir?

    2. Re:Now That's Entertainment by Anonymous Coward · · Score: 0

      Would you please lose the "sir" thing? You sound like a right-wing talkback host. That's not a good thing.

    3. Re:Now That's Entertainment by Anonymous Coward · · Score: 0

      RUSH4EVA

  137. Re:This of course will force the networks to evolv by thynk · · Score: 1

    A blank or garbage file, probably full of repeating junk

    So how can you tell the difference between a file that's full of repeating junk that's fake and a file of repeating junk that's what the RIAA tries to pass off as music? (sorry, just too easy).

    --

    Good judgment comes from experience, and a lot of that comes from bad judgment.
  138. An idea to get on the edge of the next wave. by Anonymous Coward · · Score: 0

    Business prop. Take a P2P setup with a twist. Allow purchasing. Allow sales (discount or the like) of music through this site with the legitimate distributors. Encourage users to proudly let the RIAA and U.S. goverment know enmasse what the stats are of users and music bought per person. semi anonimizing by showing the the max ratio min and average ratios of music bought to users to amount downloaded. And ignore the fact that some (for now) independent labels are doing something similiar.

  139. Smells like a dupe by Anonymous Coward · · Score: 0

    And the awnser is: A dupe.

    I would much rather face a dupe than an "Upgrade" from microsoft.. (I am living the hell of upgrading to Win2K)rather than the easy upgrade to linux because of compatability issues, plus Linux does not support my faviorate games unless you want to jump through many hoops.

    I am not ragging on the community, however I am right on the cusp of picking windoze 2000 vs. Mandrake.

    Not a simple choice let me tell you!

    PS. My spelling sucks worse, Reading it. My grammer is not so good, My feelings are there for the exposiure.

    I expect a lot of flames, but at least I speak from my heart.

  140. When Madonna and I Were Young by cyril3 · · Score: 1

    I dreamed about her asking me what the fuck I was doing, but it had nothing to do with music.

  141. Fax your representative by Fiery · · Score: 1

    The article Slashdot your representative has been reposted from floating atoll ; please see the site for updates, responses, etc.

    The p2p networks are considering a possible move agianst the RIAA in response to this by using recently enacted anti-spam laws."
    (more)

    One advantage of not being totally decentralized is that you have influence, legally. Now the Internet community can actively use the laws it's helped pass. There needs to be more of this kind of thing; it just takes a few more votes. Participate!

    I propose a modification to Slashdot, such that users who have logged in and provided a name, address, and 9-digit zip code (in the united states) or a 6-digit post code (in the united kingdom) are shown a new link with articles: Contact your representative.

    Now the Slashdot effect serves to enable millions of hits a day with the chance to vote. The last figure I remember was hearing was 30,000 unique visitors a day; imagine if ten percent of them each send one fax to their representative. Suddenly they're hearing the voices of three thousand Slashdot users, clearly, once a day.

    Now do it more often. For every article. And support the United Kingom efforts, too. Other countries, too; perhaps a distributed network of Slashdot users with modems.

  142. P2P and Record Industry... by Ladmo · · Score: 1

    Well the record industry ripped us off of millions of dollars, and a class action suit that they spent a ton of money on and lost, got the consumers (if you are one of the lucky ones) a pair of cheap 'bud' earphones....I'll listen to downloaded music with mine!

  143. i'd dissagree by themusicgod1 · · Score: 1

    if there is one strand of which i can agree with the RIAA persuing legal action against someone is if they actually stole the copy---that is they took studio quality audio and ripped it [before it was released on cd]. that's what they are all pissed off about, isn't it? it wasn't the regular cds...i mean really...how much 'david bowie changes two' are they a going to sell? however brand new -pre-release- stuff is definitely leaked by someone...why not go after hte person who actually made the leak? that is hwat i can consider stealing and would understand if it were illegal. by the way however, i plan on ripping ALL of my riaa cds once i get my system able to...but i wouldn't reccomend this to others...[i just hate the riaa...etc]

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  144. So SPAM them back by Casca · · Score: 1

    Remember this story from a few months ago? Why not do something similiar to RIAA? Find out what addresses they use for official correspondence, and send them everything under the sun. Make a recording of your kid singing in the tub, and send them a demo.

    Heck, is there anything that can be legally mailed, but cannot be tossed in the trash because of environmental regulations? Like used automotive oil or something? What do you suppose they would do if they started getting a couple hundred gallons of something they can't toss in the trash in their mailroom every day?

    Ok, maybe it isn't the answer, but it would be pretty funny.

    --
    Casca
  145. Dead wrong, but let's hear more actual discussion? by SolemnDragon · · Score: 1
    I'm in it for the music, i'm in it because i love to sing. I sing at home while washing the dishes, i sing at every occasion i get given the mic, and i would be making music no matter what else happened in my life- as evidenced by the fact that i'm still writing music from my wheelchair, though i've had to give up so much else.

    i was in voice training for more than half my life, by choice. Not every musician needs it, but to be a musician implies some level of music, and some level of practice. I do not need music to get lovers, I'm already in the relationship that i want. I do not need music to get famous- it's unlikely that music will make me famous, and if it did, i wouldn't know what to do with it. I still have a day job. So it obviously isn't the money. I still want to study and have even more of a day job, i like to work.

    I don't know why this debate always comes down to the same statements over and over again. "Music downloading is/isn't theft," "The RIAA is good/evil," "Copyright infringement and intellectual property can/can't/should/shouldn't be controlled."

    We've all heard each other's arguments ad nauseum. What i don't hear is more than a few coherent plans, from either side, thinking about what to do next. I'd love to be proved wrong, i'd love to hear all this discussion rise above simple negation and into a more friendly debate. (I came here for an argument! 'NO, you didn't!")

    I'd like to believe that we do more than repeat the same stuff every time the DMCA and RIAA come up; at least with the microsoft debate we manage to find relevant, new ways to look at it on a regular basis...

    sol

  146. We owe a great deal of this mess by Archfeld · · Score: 1

    to a NY Judge, somewhere in the late 1800'as or early 1900's I can't recall exactly, this braqinchild decided that corporations were entities unto themselves, rather than grouping of individual entities. Things went staright to hell from there. The american revolution was as much about the chartered companies control over the new world as it was about anything else...
    I agree that an individual should have the inalienable right to contribute, a corporation SHOULD NOT BE A SINGLE entity but a group of entities...Make them use the PAC route and convince their employees to act in the companies interests if they can....That single change would have A HUGE IMPACT on the political system in the US.

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
  147. Almost by Scroatzilla · · Score: 1

    As a musician who's seen a lot of local bands, I can tell you that the "suits" are doing the majority of people a favor by filtering out people who are kidding themselves about how good they are. "Majority" meaning "popular" or "mass" culture. The problem with the suits is that they've made the supposed artistic venture of music into 100% business. There is money to be made. Because that is their sole objective, they take the corporate tact of conservativism, seeking trends and not necessarily relishing the idea of originality or breaking new ground.

    As a musician, I am completely sympathetic to the plight of trying to get my stuff heard, and someone like you is the exception rather than the norm; someone who understands that the best place to find music is probably not going to be your Top 40 radio station. But, what REALLY needs to happen is that indies need to unite to *compete* with the RIAA and use whatever criteria *they* see fit to define "good" music and boost their roster of excellent musicians.

    In this way, they too are filtering through the zillions of crappy or mediocre musicians doing ad hoc recording and showcasing the "good" ones. When banded together, these indies can equal the might of the larger corporate labels in a marketing sense but who bring to the table more discerning taste in music. That will help "press the flesh" for musicians with fewer resources, and still help to filter out the inevitable crap that exists everywhere you look.

  148. Dress Up Like a Pirate Day by Geekbot · · Score: 1

    I really want the RIAA to sue me. First day in court I'd show up dressed like a pirate, eye patch and all. Then I'd play a song and tell the jury that since they didn't pay to hear it that they'd be next. I'd start selling official GeekBot the Pirate eyepatches on eBay and start making guest appearances. Before long I'd be on Letterman making the RIAA walk the plank in effigy.

  149. Stop complaining about the RIAA... by ministeroforder · · Score: 1

    This is utterly stupid! Those who somehow argue that stealing music and other files over P2P is what the internet was made for are more than missing the point. What if all goods could be gotten for free? Just because it is technologically possible to steal music, video, software and text documents easilly does it make it any different than taking a physical good? Think about this from the production side. From the author side. Say I am a craftsman and I make widgets in my basement. I make a widget with $1 of raw materials and $20 of my labor and sell the things for $50 in the stores. The more widgets I make, the more money I make. Now say someone can get an exact copy of my widget for free in a magic duplicator machine? What do i have to do? Figure out a new way to live. A new way to pay for the other widgets in my life made by other people. And don't pity the poor artist stuck in the "bad" contracts. I just saw the Matrix Reloaded and I know this world is all about choice. No-one forced them to sign the record contracts. Record companies invest alot of money into artists. Most of who never sell any records and OD in a bathroom somewhere. The few that do make it pay for all those who don't. That is life. Get over it!