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43 Million Americans Use P2P Software

robl writes "If the NYTimes article is correct then somewhere around 1 in 6 Americans apparently are unindicted felons. In the eyes of the public file swapping is as morally wrong as speeding on the NJ Turnpike. The rest of the article talks about the RIAA's carrot/stick/education approach and how they may find themselves entering into negotiations for some forms of file sharing. Also the EFF will be running ads in Rolling Stone next month asking if enthusiasts are tired of being treated like criminals."

110 of 537 comments (clear)

  1. 1 in 6? by vfwlkr · · Score: 5, Funny

    1 in 6 americans know how to use their computer?

    --
    If you're not using firefox, you're not surfing the web, you're suffering it.
    ---
    1. Re:1 in 6? by blanks · · Score: 2, Insightful

      You would be suprised as to how many people know how to use napster/kaaza then know how to check their email.

      My roommate hires many Latinos for construction work and shows them how to use the internet. The first thing he does, is shows them how to download porn off of kaaza.

    2. Re:1 in 6? by cperciva · · Score: 4, Informative

      1 in 4 Americans are under the age of 18; so yes, (more than) 1 in 6 Americans know how to use a computer.

    3. Re:1 in 6? by Anonymous Coward · · Score: 4, Insightful

      IANAA but I know plenty of people who can use P2P software but haven't got the first clue about computers.

      Typical conversation:
      "I downloaded this file but I can't play it.."
      "Just install these codecs"
      "Are they a virus?"
      "No..they'll let you play your file"
      "Where should I install it? My dad will kill me if it's a virus."
      "..."

    4. Re:1 in 6? by jkrise · · Score: 5, Funny

      5 of 6 Americans know about viruses and anti-virus software for Windows.

      5 of 6 Americans think Windows IS the computer.

      5 of 6 Americans think Microsoft is a microscopic kind hearted firm, like the MSN flutterby.

      5 of 6 Americans know about spam, RIAA, MPAA etc.

      Only 1 of 6 actually know how to use their computer. The rest are used by their computer.

      --
      If you keep throwing chairs, one day you'll break windows....
    5. Re:1 in 6? by Fulkkari · · Score: 5, Funny
      1 in 6 americans know how to use their computer?

      No. I think that is the number of people, helped by the geek next door. The true number is even worse I believe.

      --
      I demand the Cone of Silence!
    6. Re:1 in 6? by arvindn · · Score: 4, Funny
      "When I was young and naive I believed that all human actions are directly or indirectly motivated by the twin goals of money and sex. Now I know better; there are three drivers - money, sex, and the fear of computers." -- me

      I wanted to make it my sig. Too bad /. allows only 120 chars :(

    7. Re:1 in 6? by Zocalo · · Score: 2, Interesting
      Actually, all that means is 1 in 6 Americans know how to download, install, and run a P2P client. Since the bulk of those are going to have installed the standard KaZaA client, that could also mean something like 1 in 10 Americans are prepared to install who knows what on their computer in return for some free music.

      Rather scary really.

      --
      UNIX? They're not even circumcised! Savages!
  2. porn by Anonymous Coward · · Score: 4, Funny

    the other 5 of 6 just look at porn sites

    1. Re:porn by Lord_Dweomer · · Score: 2, Insightful
      You know, funny you should mention this....but pretty much all the porn people download is ALSO pirated....SOMEONE owns the copyright on it. But guess what, the porn industry doesn't hunt people down and force them to cough up their life savings for downloading a 3 minute movie for example. And guess what, porn is one of the very few businesses that is alive and THRIVING on the internet. Coincidence? I think not.

      --
      Buy Steampunk Clothing Online!
  3. Gah, felons? by bad_fx · · Score: 5, Funny

    You know, believe it or not, P2P software has some legitimate uses...

    Like backing up all my stuff on random stranger's computers. :)

    1. Re:Gah, felons? by Anonymous Coward · · Score: 4, Funny

      You know, believe it or not, P2P software has some legitimate uses...

      Yeah, like pr0n! Outside of usenet, p2p is the best way to umm... do anatomical research.

    2. Re:Gah, felons? by bad_fx · · Score: 5, Funny

      Yeah, That's the spirit! You're not a sick pervert, just an amateur anatomical researcher.

    3. Re:Gah, felons? by plaa · · Score: 4, Funny

      You know, believe it or not, P2P software has some legitimate uses...
      Like backing up all my stuff on random stranger's computers. :)


      "Only wimps use tape backup: real men just upload their important stuff on FTP, and let the rest of the world mirror it."
      -- Linus Torvalds

      --

      I doubt, therefore I may be.
    4. Re:Gah, felons? by Uart · · Score: 2

      i'm studying to be a gynecologist... its all part of my homework...

      --

      Opinionated Law Student Strikes Again!
    5. Re:Gah, felons? by EvilTwinSkippy · · Score: 2, Funny

      Gender Studies and Comparitive Anatomy. See, I'm reading the Internet for the articles!

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    6. Re:Gah, felons? by GrenDel+Fuego · · Score: 2, Interesting

      While the porn industry seems less hell-bent on suing everyone in sight, I'm guessing that most porn movies/photos are under copywrite.

  4. Doubt it, but... by mschoolbus · · Score: 4, Funny

    If anyone is guilty in here, raise your hand...

    1. Re:Doubt it, but... by Anonymous Coward · · Score: 2, Interesting

      *raises his hand, moreso than most*

      And if you think for a second I'd admit it publicly, you're a fool :)

      Way I look at it is, I spend a LOT of money on DVD's and so my downloading of telesyncs and DVD'rips is more than covered. I don't listen to much music, so the 3-4 MP3's I download a month really isn't eating into the industry's pockets cause I wouldn't have paid a dime for them anyhow. I didn't buy CD's before, and I won't later.

      To summerize: The RIAA and MPAA shouldn't see my 'piracy' as lost revenue, cause a) they're getting as much of my money as I can spare, or b) they wouldn't have gotten a dry penny from me regardless.

      In either case, there's no point in whineing or threatening me.

    2. Re:Doubt it, but... by Alsee · · Score: 4, Insightful

      *raises his hand, moreso than most*
      And if you think for a second I'd admit it publicly, you're a fool :)


      You're the "fool". Slashdot does track the IP address on posts, even when anonymous. The good old DMCA says they can subpoena that information without a judge's order.

      Whoever dreamed up the idea of bypassing the judge when getting a court ordered subpoena should should have all his constitutional rights revoked. And I don't exactly have much sympathy for the idiots who passed this law either.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:Doubt it, but... by Kjella · · Score: 4, Insightful

      You're the "fool". Slashdot does track the IP address on posts, even when anonymous. The good old DMCA says they can subpoena that information without a judge's order.

      Sure, you can subpoena my IP from slashdot. But you won't get my identity from my ISP without filing for a court order, and whose validity has been evaluated by a judge. Some of us live in countries where privacy is still protected. /flamebait

      Kjella

      --
      Live today, because you never know what tomorrow brings
    4. Re:Doubt it, but... by mattsucks · · Score: 2, Funny

      Any apartments for rent there?

  5. Undetectable file sharing by Zog+The+Undeniable · · Score: 4, Insightful
    The figures won't include groups of friends making their MP3s available via private FTP servers, which I know goes on and is pretty much undetectable by anyone wanting to stop file sharing. Waste is the latest craze among my Net friends - the download may have been pulled, but the genie is out of the bottle.

    File sharing is the only "killer application" for broadband, and most people with BB use file-sharing at least some of the time.

    --
    When I am king, you will be first against the wall.
    1. Re:Undetectable file sharing by Troed · · Score: 5, Insightful

      Why I use WASTE (and some info about the name, links to the novel etc).

      True, filesharing will probably be a popular use of WASTE, but secure chatting with your friends is equally attractive.

    2. Re:Undetectable file sharing by AKnightCowboy · · Score: 3, Funny
      which I know goes on and is pretty much undetectable by anyone wanting to stop file sharing. Waste is the latest craze among my Net friends - the download may have been pulled, but the genie is out of the bottle.

      You know, how much longer is AOL going to put up with this Frankel guy at Nullsoft? He and his "cohorts" released Gnutella which has got to be one of the biggest thorn in big media's side, he released some program to turn AOL's banners into something else in AIM, and now he goes and releases Waste which is basically similar to Gnutella but for much smaller groups. Why has he not been fired along with any co-conspirators? Does Nullsoft have that much artistic license or self-sufficiency that they won't get in trouble for this stuff or is AOL just too big to really handle internal affairs like this properly short of forcing them to pull it from being downloadable? As you said, the cat is already out of the bag. I can't believe Nullsoft doesn't get taken to task for not getting approval from corporate's lawyers before any software release!

    3. Re:Undetectable file sharing by BJH · · Score: 2, Interesting

      He's already announced that he's quitting Nullsoft, so it's a bit of a moot point.

    4. Re:Undetectable file sharing by excesspwr · · Score: 2, Informative

      A quick google search shows that Waste is still available here, for what it's worth.

  6. Dear /. by jericho4.0 · · Score: 3, Insightful

    Dear /.
    Please stop linking to NYT articles. You know why, Thank you.

    --
    "A language that doesn't affect the way you think about programming, is not worth knowing" - Alan Perlis
    1. Re:Dear /. by anubi · · Score: 5, Insightful
      Please, before we come down too hard on these posters... the reason a lot of us *hate* to "register" for these sites is that they require our email addresses, then make sure the address is valid by sending the logon credentials to it.

      We are getting way too much spam already!

      About the last thing I want to do is spread my email addy all over the net, especially to someone I flat do not trust to sell it to every marketer which will give 'em a buck.

      And trying to constantly scrounge up throwaway email addys is a pain in the arse... or at least it is to me...

      Please, moderators, go light on these guys for the comments they made.. and take it in the light of why the "registration required" sites are considered to be a pain in the arse.

      --
      "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]

    2. Re:Dear /. by visualight · · Score: 4, Interesting

      I think that the NYT gets more than a few page views from /. - page views that affect how much they can charge for ads.

      If slashdot stopped accepting submissions that included a NYT link would the NYT stop requiring registration? Or maybe allow slashdot to link directly to the article?

      just wondering if a slashdotting is actually a measurable benefit to a big site like that.

      --
      Samsung took back my unlocked bootloader because Google wants me to rent movies. They're both evil.
    3. Re:Dear /. by blancolioni · · Score: 4, Insightful

      Oh, just fucking register already. Gender, age, zip code, country. You can even lie if you want.

      At least you have an excuse for not reading the article.

    4. Re:Dear /. by Dot.Com.CEO · · Score: 4, Insightful
      I have a special e-mail addy that I use only for registering with newspapers. I hav given it to NYT, Washington Post, the Economist, Times and the Observer. I have NEVER, repeat NEVER received absolutely anything other than the free news bulletins that I requested.

      NYT is one of the most valid source of news. They are GIVING it to you for FREE in exchange of a valid e-mail address that they DO NOT abuse. I am sorry, I cannot be sympathetic to your argument. If reading nyt or any of the other free news sources on the internet means something to you, you will consider the cost of having an extra email account for reading the news minimal. I find it an excellent deal, myself, since I can remember when there was no internet and we had to actually BUY the newspapers to read their articles.

      --
      Mother is the best bet and don't let Satan draw you too fast.
    5. Re:Dear /. by Dot.Com.CEO · · Score: 2, Informative

      All I know is that I have never received anything classified as spam in my "info" e-mail address. I have, so far, received only one email for the paid edition of nyt, and that carried huge "sorry for the inconvenience" text. Pretty acceptable to me. If it's not acceptable to you, fair enough.

      --
      Mother is the best bet and don't let Satan draw you too fast.
    6. Re:Dear /. by Catbeller · · Score: 2, Insightful

      It was one stinking writer. Geez.

      A lot of conservatives (or just plain press haters) hate the NYT. The admin surely hates them: they actually investigate charges.

      It has been an aim of the far right to discredit the NYT for some time now. Apparently, someone finally found a chink in the armor, and they are HAMMERING it on right wing cable news. They got their wish: a single (sometimes) lying reporter has been turned into the destruction of the paper's reputation.

      This makes no sense. Papers have had plaigiarizing reporters discovered every year. Why the Times?

      Newspapers, and some news rooms like CBS, still, are the only -- ONLY -- source of independent investigative journalism in this country. There is nothing else standing between you and fascism taking the stage.

      To discredit and hound these papers is the wet dream of men who want to rule without oversight. It has been their dream since the Washington Post got the goods on Nixon.

      Those who want newspapers as independent and trusted news source discredited are the same who want to create faux news sources, with stories supporting their world view only. Can we say Rupert Murdoch? Fox News, your source for unsourced biased lying?

  7. you missed the obvious joke by Trepidity · · Score: 5, Funny

    It's named Mandrake, yet you went for the "racist" angle?

  8. Celebrate Freedom! July is"Turn Yourself In"month! by teamhasnoi · · Score: 5, Funny
    I would love to see the justice system bog down and stop because 43 million Americans turned themseves in for DMCA violations, Copyright infringement, IP theft, and running Bonzi Buddy.

    So much for a representational government - I wonder how many Senators have kids with a pile of 'illicit' mp3s/warez/mp4s.

    Ah...they're probably all out drinkin' and pukin' with Jenna.

  9. P2P2$ by djtripp · · Score: 5, Insightful

    I do wonder how much if the sharing leads to actual buying. I know there are a lot of people who would rather "Try it out" then actually buy the game to take full advantage of it, like online playing. Many don't have the know how on hacking the programs, they just want to get a taste.

    Perhaps a test to see if their system will handle it, becasue you really don't want to drive out to CompUSA, find it, wait in line, buy it, wait in traffic, install it, trouble shoot it, trouble shoot it, re configure, pull out some hair, get back in traffic, and arrive at the store right when they close before a holiday...

    Call it optimisim on my part, but people aren't that inherently evil... so they tell me...

    --
    "This is you left and that's your left. This is your right and that's your right. You're gonna die!
    1. Re:P2P2$ by sllim · · Score: 4, Insightful

      I have bought more games this year then I think I have ever before.
      And every year I buy less and less music.

      And there is nothing strange about it.

      The RIAA has gotten me to the point where I feel like a schmuck every time I buy music.

      But the game industry on the other hand.
      You know it is kind of strange. Cause I don't think that PC games are any less buggy this year then any other.
      But this year I am treating them differntly. I download them off Usenet and give them a try. If I can't get the game to run or the control is just god awful (like the Matrix, what a crime that is) then I count myself lucky I downloaded the game and I don't worry about it.
      If on the other hand the game runs fine and I play it a couple of times, I buy a legit copy.

      Sometimes if the game is buggy but has potential (like Need For Speed 2 6 months ago) I put it aside and try to patch it. If the patch solves the problem I buy it.

      Granted my plan is skirting the law. But the honest truth is that 2 years ago I was so fed up with the general bugginess of PC games that I had given up playing them at all. It is a crime when they advertise a game will work and it doesn't.

      I think I have a pretty good system.

    2. Re:P2P2$ by ic3p1ck · · Score: 2, Interesting

      And every year I buy less and less music.

      And there is nothing strange about it.

      The RIAA has gotten me to the point where I feel like a schmuck every time I buy music.



      Same here, except I feel a little ripped off too. I bought a CD (Air - Moon Safari) recently, the first CD I've bought in a while and guess what, the damn thing doesnt play properly in a CDROM drive! And of course, theres no warning of any kind.

      I would've asked 'Does this CD have some kind of protection on it?' but that would make me out to be some kind of pirate (arrrrr)!

      I don't have a standalone CD player and don't intend buying one either!

      I think thats the last CD I'm going to be buying for a long time.
    3. Re:P2P2$ by IamTheRealMike · · Score: 3, Informative
      I do wonder how much if the sharing leads to actual buying. I know there are a lot of people who would rather "Try it out" then actually buy the game to take full advantage of it, like online playing. Many don't have the know how on hacking the programs, they just want to get a taste.

      Yeah, right. Whatever. The vast majority of people just want free stuff. Games, software, music... they want it all.

      I help out giving tech support in #winehq on freenode sometimes. We routinely get people in there asking in broad daylight for people to send them copies of CrossOver or WineX, or asking where they can be downloaded. Half the time, it's because they:

      a) couldn't find them on KaZaA on Windows, and
      b) want to run those types of programs on Linux anyway.

      They do this apparently not realising that employees of both those companies idle in that channel.

      So, if people want to kid themselves that P2P users are simply "trying before they buy" that's fine by me - if you spend an evening telling 13 year olds addicted to warez to piss off, and that no you won't send them CrossOver for free, then maybe you get a slightly more realistic perspective.

      I think the EFF campaign is funny. "Tired of being treated like criminals?". Well, most people are. Sucks, doesn't it.

      Meanwhile people who sit on KaZaa all day hurt the rest of us, see the sibling post about how shops are changing their game return policies.

  10. Big Deal by el_munkie · · Score: 5, Interesting

    According to NORML's website, 80 million Americans have smoked pot, that horrible life-ruining plant. Additionally, Marijuana laws are enforeced much more than those that pertain to P2P programs.

  11. Why yes, yes I am by AKnightCowboy · · Score: 4, Insightful
    I am sick and tired of being treated like a criminal both by the RIAA/MPAA as well as the computer software industry. In these organizations efforts to combat piracy they've gone completely off the deep end and made their products difficult for even their own paying customers to use. That, in my opinion, is utterly unacceptable.

    Copy protected CD-like discs, encrypted DVDs that are not legally playable under open source operating systems, and games that require you to keep the god damn CD in while playing even though you install the entire thing to the hard drive all drive me insane. These people are forgetting the number one rule in business: the customer is always right. ALWAYS! If you forget that or start to justify arguing this point then you might as well not be selling stuff to consumers.

    1. Re:Why yes, yes I am by Johnno74 · · Score: 4, Funny

      In actual fact, only 20 million americans use P2P software.

      But some of those people use it alot, far more than the average person, so really what they mean is "the equivalent of 43 million americans use P2P sofware".

    2. Re:Why yes, yes I am by Ephemeriis · · Score: 5, Interesting

      I work at the local EB, and we've been having more and more customers come in with problems related to copy protection schemes in the last year or so. We've got folks who can't play their games or DVDs on their Xbox or PS2 because they happen to be running it through a VCR. We've got folks who can't install or play various games because their CD drive isn't supported by the latest incarnation of SafeDisk or its ilk. We've got people with a tiny scratch in some vital part of the disc, which suddenly makes the entire thing unplayable. We've got folks with misprinted CD keys. We've got people with strange hardware configurations that aren't allowed by SafeDisk and its friends. All these things in an attempt to prevent piracy....and all they do is make things difficult for the paying customers. The actual pirates don't have to put up with any of these problems.

      yrs,
      Ephemeriis

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    3. Re:Why yes, yes I am by Anonymous+Brave+Guy · · Score: 3, Insightful
      These people are forgetting the number one rule in business: the customer is always right. ALWAYS!

      Um... Would those be paying customers? ;-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  12. Moral Speeding by Devil+Ducky · · Score: 2, Funny

    I can honestly say that I have never, nor do I plan to in the forseeable future, sped on the New Jersey Turnpike. Now the Pennsylvania turnpike is another question, but how can they honestly expect me to do 55 around Pittsburgh?

    And just for the record I always obey all speed limits while using P2P software, because frankly my cable connection sucks. Because of the limitations of Adelphia, I can also say I don't download illegal music, movies, or software; I find it much easier to have someone hand me a CD for such things.

    --

    Devil Ducky
    MY peers would get out of jury duty.
    1. Re:Moral Speeding by sllim · · Score: 2, Interesting

      Moral Speeding?
      I dare you to drive 55 on the PA turnpike around Pittsburg.

      Email me if you survive the experience.

      Dude that is more like speeding to stay alive.

      The first time I drove on that stretch of the turnpike I came through an area where there pretty much was no shoulder. Every 1/2 mile or so they had carved a space out where a truck or a couple of cars could pull over in case of a problem. Aside from those spots you were in deep trouble if you had engine problems.
      Well traffic was, wow. I think I was too young to be driving on that road. I remember driving like 10 or 15 miles over the speed limit, something like 75 or 80 and being scared to death to go any faster.
      Problem was I was holding up traffic something fierce. People were crawling up my ass and pushing me to go faster.

      In one of those holes there was a cop sitting. As God as my witness (and co-pilot if I remember correctly) that cop was just simply sitting there taking his time. Everyone was speeding. He would sit there and occasionally and randomly put on his lights and pull someone over.

      It was a real mess.

  13. Hindsight is 20/20 by Anonymous Coward · · Score: 3, Insightful

    I'd like to see the RIAA step up to the plate on those statistics.
    The shame of it all, for the RIAA, is that they probably could have been *very* successful with an online campaign, had they embraced mp3 and sharing technologies instead of dissmissing them and taking action against their users.
    I don't even think that it's just greed that made them act the way they did -- they probably just didn't have enough in-house expertise to properly advise them on a proper strategy to deal with all the new technology. ...And now they're in too deep to change.

    -Tom West

  14. I suppose it's too much to hope... by mactov · · Score: 2, Interesting

    that there's some resolution to all this down the pike that is fair to all concerned?

    Major record companies deserve this mess; they've done it to themselves by overpricing CD's. However, they and the "stars" aren't the only ones affected by P2P copying -- studio musicians depend on royalties to live, and they are Not multimillionaires. I hear (anecdotally, but from reliably, from a friend who works for the musician's union), that those men and women are really hurting -- royalties are drying up.

    Most people who make a living making music make a pretty bare living as it is. I wish there were some middle ground where people get paid a reasonable amount for real work that they have done, without it turning into a greedfest on anyone's side.

    --
    OK, now what?
    1. Re:I suppose it's too much to hope... by ctve · · Score: 2, Interesting
      I'm sorry for those musicians.

      Sorry that they maybe recorded with artists who are on the for instance the BMG label who are now selling Corrupt Audio Discs.

      I was going to buy a CD by Spiritualized, but after I found out that it was a CAD, and unable to be digitally extracted to my PC, I'm not going to bother. I'm not going to rip it, either, though.

      But, if record companies continue to flog CADs which don't play properly on PCs or sometimes car audio system, and people can instead get hacked MP3s off a P2P service (using various techniques), is it any surprise they aren't buying?

  15. Give me an option to pay by Max+Romantschuk · · Score: 2, Interesting

    I would be delighted to pay, say 5 Euros/Dollars for a movie download in DivX and/or a comparable format. Knowing that the movie would't be a fake would be great too...

    P2P software will continue to be used until someone gives us a viable commercial option. DVD's are 20 to 30 Euros here in Finland, and I'm not counting the rare imported stuff... There's no way I'm paying that much for a movie, especially when it probably has broken even in the theaters prior to the DVD being released.

    --
    .: Max Romantschuk :: http://max.romantschuk.fi/
  16. FreeBSD 5.1-RELEASE Bittorrent by LogicX · · Score: 3, Informative

    As a perfect example of P2P: Lets show some legit usage.
    You can get 5.1-RELEASE i386 ISOs right now -- before they're publicly available on the FreeBSD FTP mirror at
    glow.rh.rit.edu

    --
    May this post be indexed by spiders, and archived for all to see as my Internet epitaph.
  17. Thats spin. by HanzoSan · · Score: 4, Insightful


    Its debateable if file swapping if morally wrong at all. Some of us believe its a personal freedom, like freedom of speech, and that its not morally wrong but morally right.

    The only few who think its morally wrong are a few guys who happen to own copyrights, the average American does not own any intellectual property is cares more about defending their freedom to share files than defending some unknown CEOs freedom to own them.

    --
    If you use Linux, please help development of Autopac
  18. An observation... by TWX · · Score: 5, Insightful

    When one person owes you {money,stuff,etc}, it's bad for them. When you feel that millions of people owe you {money,stuff,etc} it's bad for you.

    So, the RIAA, and the MPAA to a lesser extent are in the second category. While I don't like the MPAA's practices with DeCSS, at least thy have taken to pricing their products in a range that I as a consumer don't feel bad about paying. I'll gladly buy DVDs from the bargain bin for $6.00.

    The RIAA on the other hand isn't playing so nice. When a CD is $17.00, the musician might see a few pennies, and discounts on the products aren't forthcoming, it's understandable why people copy music and don't feel bad about it. The soundtrack for many movies on CD costs more than the movie on DVD itself. There is something very wrong with the world when this is the case.

    The MPAA has been lucky, since movies are large enough that copying them isn't nearly as big a no-brainer as CDs/mp3s are, but at the same time, if they keep movies cheap, we'll be more inclined to buy them instead of copying them. The RIAA's problem has been around much longer, is much deeper entrenched, and does not appear stoppable by legislation, threats, civil suits, or any other means that they have come up with. If they don't significantly change their business model it'll only get worse, to a point where artists find new labels that don't play by the RIAA's rules, and the RIAA as an organization will cease to be. If they aren't willing to change, they'll get what they deserve.

    --
    Do not look into laser with remaining eye.
  19. if we all are felons by HanzoSan · · Score: 2, Interesting


    Why keep it illegal? I dont understand what the point of this is, we cannot lock 100 million people up in prison, so why waste our money filling prisons up with people who share files and smoke pot, its ridiculous.

    It makes me wonder if this actually is some kinda police state, I mean what happened to democracy? IF we dont think its morally wrong, and only a few rich CEOs who happen to own the information think its wrong to share it, why should the ones who have money rule over the ones who dont? Thats not democracy anymore, thats plutocracy and if this is what the USA is about then I'm leaving.

    --
    If you use Linux, please help development of Autopac
    1. Re:if we all are felons by Niadh · · Score: 3, Insightful

      You must be new to America...

      Here is the short, short version. America was created by people, for the people, as a sanctuary from overbearing governments. It was designed to be a low upkeep entity. Everything was spelled out in black and white in the Constitution. The Constitution had one fatal flaw. It counted on politicians doing what was best for the nation, not their wallets.

  20. Hilary Clinton vs Hilary Rosen by jkrise · · Score: 3, Funny

    If an election were to be held for the president today, and Ms.Clinton sided with the P2P sentiments, she's assured of atleast 43 million American votes! Maybe much more, if the article is accurate enough.

    --
    If you keep throwing chairs, one day you'll break windows....
  21. Two ideas for p2p by LucidBeast · · Score: 2, Interesting
    They should embrace kazaa or some other p2p and start a legit pyramid selling scheme of mp3's. For example I could connect to sonys mp3 server and download mindless pop for some cost. In turn I share this pop on my server, and get credit for all downloads, from which a small comission is paid to the originator of the material. If my site is up and has lots of intresting material I might even make a small profit as a distributor so it is in my intrest to stay in the system. Transactions could be handled by a third party (not US government though). Those who aren't able to share would still be intrested because of the huge quantities of material available.

    other idea is that if people are being prosecuted for p2p and want to continue someone will make a p2p network where the originator of files is hidden. This would be easy. Just make the transfer go through nodes just like the searches do at the moment. You'd never be able to tell who the "offender" is since you don't know if the file is coming from the node you are connected or nodes behind it. In the era of broadband and litigation this scheme is also feasible.

    Current intellectual property protection approaches level, which instead of fanning, stiffles innovation. Maybe above schemes are already patented so beware if you try to implement them.

  22. Criminal penalties by smiff · · Score: 4, Interesting
    IANAL

    Under US copyright law, it is only a crime to download copyrighted works if you reproduce more than $1,000 in goods within 180 days. Or if you infringe copyright for financial gain.

    It would appear that it is only a felony if you reproduce or distribute 10 or more copies with a total value of at least $2,500.

    1. Re:Criminal penalties by martissimo · · Score: 2, Informative

      the thing is , just how do they conclude what the value of what any one item is. I personally don't even have much against the copyright laws the NET Act tries to enforce.... it's the way it is worded.

      If you offer up one song, are you then responsible for the value of the copy of that song anyone who downloaded it from you then shares as well? It's impossible to tell really.

      How the heck do they come up with things like: (NET Act)

      if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000;

      if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more;

      obviously listing them in such a way implies that there are single CD's approaching the $1000 value limit or 10 approaching $2500, otherwise the numbers would not be so correlated... just how do they conclude these values, obviously it's not based on the pricetag you would pay for a single CD at Tower Records. Why not layout exactly how the value of a "phonorecord" is determined since it seems that the simple method of checking manufacturers suggested retail price is not the method.

      The law would even be fairly acceptable if it weren't so vague, I always have condoned the theory that ignorance of it is no excuse for breaking the law, but frankly you could read this law over and over and still not know exactly what point you would have broken it at.

  23. More statistics by Zakabog · · Score: 4, Funny

    5 in 6 slashdotters are amazed that 1 in 6 americans can operate a computer AND use it to go online. The other 1 in 6 slashdotters didn't read the story yet.

  24. Forget democracy, $1 = 1 vote. by HanzoSan · · Score: 3, Insightful

    If you dont like the laws, buy new ones, it works for Disney.

    The constitution is fake, no one ever follows it, freedom of speech? You dont have it, profit comes first.

    Its funny how 1% of the population who owns the information can force their rules on the 100 million or so file sharing people who dont own any intellectual property and who dont think its morally wrong to share it.

    Since when did capitalism decide the concept of right and wrong? I guess some peoples religion is capitalism, and I suppose this government is run by capitalism and not democracy.

    If this is the case why should normal working class people stay in the USA? Its slavery if you cannot even get to vote on an issue such as this, no you are automatically a felon.

    You get labeled some wicked name like a "pirate" when sharing has absolutely nothing to do with being a pirate, because sharing sounds so morally right they make up new words and terms to put a negative spin on it, now you are a pirate, a cyber terrorism, and every chance they get they try to compare sharing information with robbing a bank, or running into a CD store and stealing CDs at gunpoint. No you arent stealing the CD you are copying the CD, stealing means someone is missing something, either a physical object or a profit.

    You can steal a profit by selling someone elses Cd, you take eminems CD, burn it and sell it, this is stealing a profit, this should be a crime.

    However, if you just copy it and give it away, theres no stealing and theres no way you can convince any sane person that its morally wrong to share when it benefits society to share.

    SHARE, but dont STEAL, if someone wants to pay for Eminems CD, Eminem made the music and should get to profit from his work, however if someone refuses to pay for it and just wants to hear it, why not let them?

    --
    If you use Linux, please help development of Autopac
    1. Re:Forget democracy, $1 = 1 vote. by Babbster · · Score: 3, Insightful
      However, if you just copy it and give it away, theres no stealing and theres no way you can convince any sane person that its morally wrong to share when it benefits society to share. SHARE, but dont STEAL, if someone wants to pay for Eminems CD, Eminem made the music and should get to profit from his work, however if someone refuses to pay for it and just wants to hear it, why not let them?

      Cool. Then if you spend a year writing a piece of software, Microsoft can have as many copies as they want without compensating you even if you're trying to negotiate with, say, IBM to purchase the software. That sounds brilliant.

      While I may disagree with the length of copyrights in this country, it doesn't mean that copyright itself is wrong.

      Good copyright law is a good thing. Allowing someone to protect the investment they've put into their intellectual property is perfectly reasonable. If I spend a year (or two or five or twenty) working on a book, a song, a computer program or anything else that's ephemeral/easily copied, I'm entitled to profit from that product if at all possible. It's not for someone with handy access to a Xerox machine or a PC to decide that they get to do whatever they want with it until I say they can (or the copyright expires - hopefully within a reasonable period of time).

      You SAY that your concept is "share, but dont steal" but then you go on to advocate the idea that people should be able to have Eminem's music whether they pay for it or not, implying that it should be permissible to do so - once everyone does it, what does that do to Eminem's ability to "profit from his work"?

      There seems to be a perception - especially prevalent in terms of music - that intellectual property is everybody's property. It's not...at least not until the copyright runs out. If I write a book, you have no inherent right to it, whether it's to read (unless I've offered it to the public, either free or for sale) or copy it and offer it to others. If we do it your way, the only way I profit from writing a book is in the warm feeling I get in my heart from doing so...and that isn't going to heat my cardboard box in the winter.

  25. When filesharing is outlawed... by Ravn0s · · Score: 4, Insightful

    only outlaws will use filesharing.

    I have a hard time believing that pay per download will solve anything. I still RARELY am able to find the CDs I want when looking through my local music store.

    Admittedly, I rarely listen to or buy music from major record labels. But try going into a music store and finding a CD by Juno Reactor. Or VNV Nation. No luck? How about DreamTrybe, or Thirteen of Everything. Or Kenna. STILL can't find it? Six Mile Bridge maybe? Probably not. So, I either have to hunt down those CDs on ebay or some obscure indie site (and no, not all those bands are indie) OR - I simply have to enter the band into KazAA and badaboom! I have the music I want.

    Is it stealing? Probably - although I always end up buying the CD when I can find it. Is it illegal? Well, according to the RIAA - yes. Do I share my MP3s? YOU BET I DO! Who am I to be able to tell if that person downloading my file is trying to get another copy of that CD that was stolen out of his car, or if they just want to get it for free?

    --
    Kyndar: Exotic Imports, Jewelry, Candles, and Incense http://www.kyndar.com
    1. Re:When filesharing is outlawed... by Microlith · · Score: 2, Informative

      The obvious answer is that you do not own the copyright, therefore you are not permitted to redistribute it.

      The fact that this escapes you makes me wonder what the hell you're doing arguing about it.

  26. " The No Electronic Theft ("NET") Act"? by HanzoSan · · Score: 4, Insightful



    Why not call it by its true name.

    "The No Electronic Information Sharing (NEIS)Act"

    Why? Because thats what it is.

    Define theft,, heres theft

    a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property

    You cannot STEAL information because information by design is not physical and cannot be contained.

    This is like me getting mad at someone for stealing my thoughts! Should I be able to copyright facial expressions and then sue anyone who makes that expression? Well?

    If you use it you are STEALING my face right?

    Thats what I thought. But believe it or not, intellectual property exists simply to protect stupid abilities and rights such as these which dont even matter while removing our personal freedom.

    So we lose personal freedom in exchange for someone to have the right to "own" facial expressions, let me ask you all something, how much intellectual property do each of you own? Unless every American owns tons of intellectual property, why do we give up our personal freedom which we all currently own in exchange for something of absolultely no value to us? Sure it matters to a rich CEO, if you are one of these guys then yes you care but to me and to the average person, it only reduces our creativity and freedom.

    --
    If you use Linux, please help development of Autopac
    1. Re:" The No Electronic Theft ("NET") Act"? by werdna · · Score: 2, Insightful
      Define theft,, heres theft

      a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property

      You cannot STEAL information because information by design is not physical and cannot be contained.


      Yeah, right. And when I hack into your bank to effect a transfer of assets for my own, I have taken nothing physical either. If we are going to get hung up on definitions, let us read ALL of the dictionary definitions:


      steal v. 1 . . . b. to appropriate (as another's conception or invention) and us as one's own &lt


      word games neither inform nor resolve the issue. The intangibility of intangible personal property does not preclude the possibility of its theft.
    2. Re:" The No Electronic Theft ("NET") Act"? by Brian+Boitano · · Score: 2, Funny

      it's ok if you just copy the money though...

      --
      What would Brian Boitano do?
    3. Re:" The No Electronic Theft ("NET") Act"? by aziraphale · · Score: 2, Interesting

      Oh dear - what passes for insight these days is really sad.

      To answer your question:

      > let me ask you all something, how much intellectual property do each of you own?

      Well, in the last week, I produced three whitepapers, a few tens of thousands of lines of code, and a couple of proposals, all of which are my intellectual property (or were, until I sold them, naturally). I've also written books, a shed load of web content, and I'm generating more intellectual property as I type right now. So, it turns out I own a lot of intellectual property. Many of the people who post on this site regularly create intellectual property, often in the form of code. It's a lot more common than you might think.

      Intellectual property laws are what enable me to make a living doing creative things that I enjoy, like coding and writing. I don't think there's any reduction in my creativity and freedom caused by IP law - precisely the opposite. I also don't think my making a living selling my ability to write or code infringes your freedoms or creativity.

      In other words, please engage your brain before posting a rant against something you don't understand.

  27. Non-reg articles by pen · · Score: 4, Informative
    1. Re:Non-reg articles by Kethinov · · Score: 2, Insightful
      In the latter of the two articles posted by the parent, therein lies this quote.
      âoeWe have the right to control the property we own the way we want to,â said David Munns, the chief executive of EMI Music North America. âoeTo be successful I have to listen to what the consumer is telling me, but if that means me going broke that's not the answer. You've got to do what you've got to do.â
      This guy can't see the forest through the trees. He says he's gonna go broke but he doesn't realize it's because his business model is obsolete! So instead he blames his lack of success on everyone except himself.
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
  28. Re:Snake Plissken downloaded files by pen · · Score: 4, Informative
    Obvious troll, but I'll bite anyway.

    When you steal CDs from a store, the store loses those CDs. When you copy music, the original remains.

    It might be a copyright violation, but it's certainly not "theft".

  29. Don't worry about it by Anonymous Coward · · Score: 2, Informative
    You're the "fool". Slashdot does track the IP address on posts, even when anonymous. The good old DMCA says they can subpoena that information without a judge's order.

    Don't worry about it. The government can't prosecute you unless they can identify the infringed works and prove that they have been registered with the copyright office. The same goes for the RIAA and MPAA.

    1. Re:Don't worry about it by Anonymous Coward · · Score: 2, Interesting

      (same AC as the initial reply)

      Considering I don't live in the US I'm pretty sure I'm outside the jurisdiction of any agencies that would be trying to seek me out. Furthermore, IP addresses don't prove a thing since bouncing through proxies is absurdly easy.

      And I resent being called a fool, assmeat.

    2. Re:Don't worry about it by nickos · · Score: 2, Insightful

      That's probably what Jon Johansen (DVD Jon) thought. As a Norwegian, he is not under US jurisdiction and therefore not subject to the DMCA. And Norway isn't part of the EU (and hence subject to EU Directive 2001/29/EU). The Motion Picture Association of America (MPAA) just had a quiet word with the authorities, and Jon was in trouble.

      [insert comment about American Imperialism here]

  30. Logon with this by justin_speers · · Score: 2, Informative

    Thanks to Portal of Evil News

    L: poenews
    P: poenews

    Still, /. submitters should stop giving them hits.

  31. I'm guilty... AND HERE IS WHY! by Anonymous Coward · · Score: 5, Interesting

    First off, I have nothing against the RIAA really. They are a business. A corrupt and monopolistic business to be sure, but they are out to make money and survive. I can't blame them any more than I can blame ebola for trying to do the same... except about the money part.

    I have a shiney new dvd writer. It has a nice button on the front. A tray that goes in and out. Oh, and it writes dvd's. Aside from archiving the family footage, and making great backups I like to do some authoring with dvd's.

    Although I believe my flash animation skills are beyond question, others don't seem to think 2 hours of my artistic creations are worth the dvd they are burned to.

    What I love to do is snag music videos off various newsgroups and p2p programs, and put them together on my own mtvdvd. I make custom menues, do different transitions, cut the crappy intro screenes for #lamevideos on pir8net, put the whole thing together, and everyone I know loves them! Every single person I've showed them to has begged me for a copy.

    You know what else is interesting.. there is NO legal way for me to obtain the videos. Heck, the ??AA would make a killing selling these things. I know that I have seriously considered getting one of those in-dash dvd players just for this purpose (don't worry, I'm not a stupid driver).

    There is obviously consumer demand for this stuff. So much demand in fact that consumers have resorted to less than legal means to obtain them. Its a shame that so much revenue is wasted.

    1. Re:I'm guilty... AND HERE IS WHY! by pjrc · · Score: 2, Insightful
      First off, I have nothing against the RIAA really. They are a business.

      Aren't they really a trade orgination which represents the combined/similar interests of its members (who are conventional businesses).

      A corrupt and monopolistic business to be sure,

      Aren't those big 5 labeles a cartel. To be a monopoly, you really need to be one company controlling a market (eg, Microsoft). But the market is controlled by a group of 5 labels who collude to control the market.

      but they are out to make money and survive.

      Maybe you can't blame them, but plenty of others do.

      Their "survive" strategy (so far) has largely been to attempt to stifle new technology... same basic story as radio and the recordable cassette tape. Short sighted then, short sighted now.

      On the "make money" front, the highly unfavorable contracts that artists have no option but to sign, and the widespread crooked accounting they practice hardly gives them the moral high ground.

  32. Re:Celebrate Freedom! July is"Turn Yourself In"mon by psavo · · Score: 2, Insightful

    Seeing as USA has 2mil imprisoned, this is not that far off.

    --
    fucktard is a tenderhearted description
  33. In the end by barcodez · · Score: 2, Insightful

    When a business ceases to add value naturally to society they will try and find artifical means of doing so such as copyright. What value is the record industry currently adding? Not a lot, more cookie cut bands to fill a focus group identified niche that the record industry probably created though branding in the first place. Screw that, the record industry needs to add value by supporting new and interesting bands. Failing that it needs to make it easier for me to access my music whereever I am. Hey, this is what they used to do, distribution and discovery.

    --

    ----
  34. Re:Pseudo-argumentation by LordLucless · · Score: 4, Insightful

    Nobody is saying it's not a crime because a lot of people are doing it. They're saying that it shouldn't be a crime because lots of people are doing it.

    While that's not a perfect argument, it is still legitimate. The whole idea of a representational democracy is to give "the people" a say in the way their country is run. If a majority of people (43 million isn't a majority of Americans, but, as an earlier post pointed out, it's half of those with internet access, including those with dialup for whom file trading is less attractive) disobey that law, it would seem that at the very least the law should be examined.

    If everyone speeds along the NY Turnpike, the speed limits should be examined to see if they really are realistic. If 80 million Americans smoke pot, the anti-pot laws should be re-examined. If half the people who have the opportunity to break copyright in this particular way (for personal use) break it, the copyright laws should be examined. More importantly, they should be examined with an eye to the well being of citizens before the well being of the corporations.

    Of course, none of this makes those 43 million criminals less criminal. It just makes them the victim of a hypocritic government. Welcome to America, the worlds first Corpocracy.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  35. what's the fuss by geoff+lane · · Score: 3, Interesting

    all those musicians could always go out and play live again, can't they :-)

    The music industry have created their own downfall and I have no sympathy at all for them.

    But the music won't die, just the RIAA, managers, agents, publishers and all the middleman hangers on who create nothing but take their cut anyway.

  36. Musicians dont own the copyrights. by HanzoSan · · Score: 2, Insightful


    Despite what you may have thought musicians dont make a penny from CD sales most of the time, they also dont own any intellectual property most of the time.

    Their contract says the record company owns anything they make,the record company keeps about 95% of what their CD makes from sales, Musicians end up getting a $30,000 a year salary from CD sales after selling millions of copies, they only make real money from tours, concerts and so on.

    Do musicians care if you buy their CD? No they dont because most of them dont make any money off their CDS, CDs are marketing to get you to go to their concerts.

    Learn how the music industry works.

    The software industry is the same way, programmers dont own any copyrights, everything is owned by the company, programmers get paid to make the software, they dont get paid when each copy of windows or whatever is sold, those profits go to Bill Gates.

    You see, the people who do all the work and who create the information, do not own the information, so why does it matter if we rob the thieves?

    Because the true owners never owned anything to begin with and the current owners steal from the true owners using their monopoly power to do it.

    --
    If you use Linux, please help development of Autopac
  37. Re:Snake Plissken downloaded files by LordLucless · · Score: 2, Insightful

    Apples to apples please troll.

    Your description is of someone committing theft. Downloading music over P2P is copyright violation.

    These are different crimes, with different results, different consequences, different punishments, and different courts even (Theft = criminal, Copyright violation = civil, I believe)

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  38. Been there, done that: Sea change by HardcoreGamer · · Score: 5, Insightful

    The 43 million is secondary (or even tertiary) to the story. The real story is about the changing tactics of the industry and how it continues its attempts to force music-lovers to listen to music how the industry wants them to, instead of being responsive to customers as any good business should.

    Now that a direct sales model is viable (iTunes, Prince and others) because the means of production and inexpensive distribution is widely available for a low cost, the industry has lost its main competitive advantage.

    The oligopoly that the record companies have had is coming to an end and instead of embracing a new business model they keep trying to force everyone to adhere to the old broken model.

    Also, please refer to the following articles from 2 days ago, paying special attention to the editorial:

    Music Industry Changes its Tune on Sharing ... Sort Of

    The NYT has a pair of stories about online music today. The first is a long article about how the music industry is trying to transform its image and its business by embracing online music and sharing ... within limits. But at the same time comments about filesharing like ''We're going to continue to address this with harsher and harsher means,'' by Universal's CEO aren't encouraging that the attitude has changed. The NYT Editorial page comes down firmly on the side of music-lovers with this gem: ''You don't have to be a 19-year-old college student to sense that there's something indecent in the concentration of the recording industry...''

    * 2003-06-07 19:15:59 Music Industry Changes its Tune on Sharing ... Sor (articles,music) (rejected)

  39. Re:Pseudo-argumentation by JonnyCalcutta · · Score: 2, Insightful
    Nope, sorry. Morality is not a fixed concept - unless you're some kind of right-wing Christian. If everybody does something it cannot be immoral (if even 42million/250million people are doing it, it can't be immoral).

    For good or bad, IP is an artificial construct which only works if everybody buys in. I think its niave to think that it will always work or even be around considering it (like laws against recreational drug use) are a microscopic blip on the radar of human history. Art, music, writing are _our_ culture - if you don't want to contribute to our culture keep it to yourself. If you do want to contribute to _our_ culture then you have to release it and accept whatever deal _society_, as a whole, has agreed to give you (which could be nothing more than being able to perform it, along with everyone else).

    It worked for Mozart, Bach, Ug the Caveman, the USA 100 years ago, China, the Queen of Sheba, etc,etc. Why is the 'morality' of some CEO's in Corporate America 'better' than that of 5.99999 billion other people? And why do we owe them a living?

  40. Welcome to Democracy by Mark_MF-WN · · Score: 4, Insightful

    Sure, swapping MP3s is illegal -- but the point of this is that it SHOULDN'T be. America is a democracy, after all, and people are voting through their actions. If everyone in America started practicing bigamy, that'd be legal too. Don't believe me? Just look at the Gay-rights movement. That was only 1/10 people, far less than the number of file-swappers -- but they've been getting a LOT of laws changed over the last few decades. Besides, you can whine and complain all you like about it being illegal, but a law that no-one obeys is no law at all.

  41. Intellectual property tone by chthonicdaemon · · Score: 3, Interesting
    The tone of the article is very pro-copyright. I resent statements like
    [Uses like]... making unauthorized copies of hundreds of copyrighted songs without paying for them, are clearly not legal ...
    on the basis that it does not say whether I may have hundreds of friends who sent me these files or whether these files are available for free, etc.

    Not only that, but I have serious doubts as to whether 'copyright' as we know it today will exist in the future.

    I especially love the blatant statement
    We have the right to control the property we own the way we want to
    that belies the fact that the industry is built around intellectual property, and that you get very little when you buy a CD. Information as a tradable entity is ok, but freedom to use that information in any way I see fit (including redistribution) needs to come with my trading rights.

    Perhaps this means a change in business model for the entertainment industry, and perhaps it means that artists will not be in the running for mega-millions anymore. But none of this is earth-shattering.
    --
    Languages aren't inherently fast -- implementations are efficient
  42. Are you liar, fool, or just another shill? by alizard · · Score: 2, Insightful
    P2P and Internet Radio is simply an extension of traditional fair usage into the digital domain.

    Analog taping off the radio and swapping tapes is covered under standard fair usage.

    What's the difference between taping to cassette (or for the older people, to reel-to-reel) tape and to your hard drive?

    What if your FM radio is an adaptor plugged into your PC that records to the HD? What's the difference between this and a portable AM-FM-cassette player which allows recording off the air by punching a couple of buttons?

    The RIAA bought enough politicians to make taping to a hard drive illegel.

    Only tards like you and the RIAA are capable of confusing this with any sort of moral imperative.

  43. BOOK-TIP by diskret_tmp · · Score: 4, Insightful

    I have read so many half baked arguments about this really important subject on slashdot that i wish people would start to really get thinking: here is a very interesting book about the subject: INFORMATION FEUDALISM by Peter Drahos and John Braithwaite, EARTHSCAN - http://www.earthscan.co.uk. just a few citations: "Intellectual property rights began their life as tools of censorship and monopoly privileges doled out by the king to fund wars and other pursuits." Looking at England in the 16th century - the first intellectual property fights were being fought over printing, the then copyright holders were the craft guild known as The Stationers. They were fearing competion and loss of their monopoly status and thus asked the state for measures to be taken against Piracy (everybody who printed books had to be a member of the guild). Eventually the Stationers ended up as an arm of the state, having their own court and the powers to search and seize pirated material (books printed by independent printers). Does that sound familiar? ....The "pirates-printers", Bourne and Jefferson, argued in 1586 that the privilege system kept prices high, deprived the public of choice and was contrary to the common law. --- From this point on intellectual property law keeps returning in its different guises. What i find most alarming in this context is basically how the different distracting - "re-educational" arguments keep coming back from people who are most likely to be hurt if the current intellectual property laws are not fought. There is no moral element in intellectual property rights unless you adhere to the sermon that keeps coming from the copyright holders. Consider the option to be born as an untouchable in india 100 years ago - it would have been morally wrong to take part in society and rebel against being outside of human society. Fortunately these moral forces were fought.... uff - i am getting carried away ... check out the book mentioned above - gives you lot of insights into a problem that lies at the heart of postindustrial economy.

  44. Metrics by foniksonik · · Score: 2, Interesting

    Interestingly enough, metrics for piracy have only been around as long as the internet/p2p! Did the RIAA have any chance of checking up on how many people were making tape recordings of their friends music.. and the sharing that commenced.. and later with CDs? I think not. They have been using the same technology they decry as criminal to keep track of those same 'criminal' activites. There is precedent of course... drug stings comes to mind.

    In any case, how has the market changed? Just because they have metrics to describe the amount of revenue they are losing to song swappers (not file swappers, there's a difference) doesn't mean the numbers have really changed all that much. When is the last time you asked a 'real world' friend to borrow a CD to make a copy?

    So if this is factual then they are not losing any more revenue from song swapping than they have historically since the advent of consumer recordable media... so much for the arguement that song swapping is killing the recording industry. It's only with the introduction of the internet and p2p and corresponding digital footprints that they've been able to track said 'piracy' and give it a value.

    Clearly then it isn't the everyday file swapping which has increased RIAA losses, it is RIAA business practices which have done so. IE: Music industry is killing Music industry, not song swapping.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  45. Whats your problem anyway? by arcite · · Score: 2, Interesting

    I got about 5 or 6 different email addresses, 10 different alias's.....hell, I can hardly remember who I am half the time, but atleast I don't get spam on my *real* email address. And thats the only thing that really matters right? ;) If anyone asks, my name is Bubba, an 86 year old female internet consultant living in Kabul, Afghanistan. I'm into technology and sports, so please! Send me all your spy camara ads, because well I can always use an extra secret camara.

  46. Thats more people than.. by [cx] · · Score: 3, Interesting

    Everyone in Canada put together. I bet in Canada though the percantage of p2p users is alot higher since more of us can read!

    Yeah, we know all your schools are still like Saved By the Bell.

    I never make a serious post, but really how seriously can you take an article that assumes to have known how many p2p users are out there?

    I think there are probably more people using private servers or private channels (see irc) to obtain illicit data "STEALING".

    I don't believe its stealing but corporate America and likewise those golden lined suit wearing CEOs believe they own everything, including ideas.

    But hey the world we live in sucks, nobody wants to change it so we can just complain on a webpage that probably has more intelligence than the USA congress, but probably alot less productivity.

    -CHEERS

    [cx]

  47. Turnig Back the Xeorox Copier? by linuxislandsucks · · Score: 2, Interesting

    RIAA is going to always hav eproblems..oen cannot run back the fair use definitions brought on by inventiosn such as the Xeorox copier..which if we look at copyright law before the modern digital age is allowing people to commit felonies every day by just the act of copying a page of copyrighted material..

    Here is to RIAA efforts at running the too top heavy Music inudstry into an early grave..

    --
    Don't Tread on OpenSource
  48. That is why we have laws by werdna · · Score: 2, Insightful

    Its debateable if file swapping if morally wrong at all. Some of us believe its a personal freedom, like freedom of speech, and that its not morally wrong but morally right.

    Each of us have our own judgments about the morality and immorality of various acts. We don't have to agree about any of your points, however, to be able to mutually function in a society.

    You don't need to agree with America's social norms to conform to them -- we don't have laws to make immoral things illegal, moral things immoral or immoral things moral -- we have laws to adjust and govern our conduct in accordance with the will of the majority, tempered by the Constitution.

    You needn't agree with the principles for which these laws exist to be subject to them. That is the entire point of democracy. You may vote for representatives to pass or repeal laws you dislike, and are subject to them until you have so succeeded.

  49. Close but not quite by Art+Tatum · · Score: 3, Troll

    The fatal flaw is that the Constitution counted on a watchful populace that cared more about what their government was doing than on who was going to win American Idol and The Bachelorette. Or how much beer they had in the fridge. Or if they were getting enough sex. Pleasure is the real American idol.

  50. Re:43 Million Felons? by nr · · Score: 2, Interesting

    True, you can actually create your own content and share this with the world. P2P is just a transport service, what are being transported are unessential. Just like DHL / UPS is a physical transport service. They dont give a shit about the contents inside the boxes, just that the box get from location A to B as fast as possible. In the same way the P2P companies should not care what are being transported in their service. If it's my homemade movie/song or a hollywood movie should not matter to them, becouse this is out of their responsibility and all content should be treated equally by them. RIAA and MPAA needs to understand this.

    My 5 cents.

  51. When crimes morph. by siasl · · Score: 2, Interesting

    "When a few thousand people do it, it's a crime wave. When 43 million do it, it's a customer relations problem." -Don't remember who said that--

  52. First and foremost, AOL is an ISP. by mfh · · Score: 2, Interesting

    The Time Warner half may be a giant media corporation, but first and foremost, AOL is an internet service provider.

    It could be argued that any increase in internet traffic directly results in a higher bottom line for their quarterly report (since AOL is undoubtedly paid for every byte that flows through its networks originating from smaller ISPs - roadrunner, earthlink, etc). It's called growth, and it's what fuels this stock market, as was witnessed by the implosion of dot-com stocks.

    If AOL tracks the statistics on their network, they may realize that a huge percentage of their revenue stream comes in from p2p network traffic. This is probably a huge cash cow in terms of bandwidth resale.

    Time Warner hasn't stopped growing by any appreciable rate. Neither has AOL. Winamp and Gnutella? How much traffic does this generate for AOL's networks? How much revenue? One can only imagine. As for mp3s being a detriment to TimeWarner's bottm line - as if there's a shortage of people buying music? I don't think so.

    And didn't he say he was quitting, anyway?

    --
    The dangers of knowledge trigger emotional distress in human beings.
  53. Not as simple as that by Anonymous+Brave+Guy · · Score: 4, Insightful

    Oh yay, another idealistic "everything in the world should be free" post that hasn't thought about the consequences of what it advocates, preferring to take cheap shots at non-representative straw men. Let's see...

    Its funny how 1% of the population who owns the information can force their rules on the 100 million or so file sharing people who dont own any intellectual property and who dont think its morally wrong to share it.

    Bull. Most of these people agree that it's morally wrong, and know that they should be paying for it or not having it at all. They do it because they know they can (probably) get away with it.

    Since when did capitalism decide the concept of right and wrong?

    Since most of your population decided to vote for the guys in the two big parties who put on a snazzy show, rather than investing a handful of hours doing their homework and voting for someone who might actually act in the best interests of the population. Until you do that, you're going to get a lot of rich people in government who get richer, and the stand-up guys who put moral integrity ahead of their wallets will be in a small, cherished minority.

    I guess some peoples religion is capitalism, and I suppose this government is run by capitalism and not democracy.

    The problem with democracy is that in its purest form, it only works in the presence of an informed and rational population (for some values of "informed" and "rational"). Your informed and rational population in the US spends more time watching American Idol than the news. Go figure.

    It's curious, actually, that 1/6 figure mentioned in the original story, and the comparison to speeding made there. Statistically speaking, although many people speed, it's about the top 1/6 who speed dangerously enough to cause a higher accident rate. Perhaps unsurprisingly, they're also among the most vocal advocates of their own driving ability, and the fact that, as they see it, they're not doing anything wrong. It's only after the accident when they've taken a life and wrecked a family that they realise the consequences of their actions.

    Mass copyright theft isn't, I hope, going to have such dire consequences, but the people who think they can carry on regardless without doing long term harm are kidding themselves. The big guys are big enough to play these games with them, but the small guys in the music biz are getting hurt already.

    SHARE, but dont STEAL, if someone wants to pay for Eminems CD, Eminem made the music and should get to profit from his work, however if someone refuses to pay for it and just wants to hear it, why not let them?

    Because you didn't put the work in to make it, so you have no right to let them, maybe?

    I love this bit from the original story the most:

    Also the EFF will be running ads in Rolling Stone next month asking if enthusiasts are tired of being treated like criminals.

    They're not enthusiasts. They are criminals. You have a legal system that says so, and those laws are there for a good reason. Get over it. If you don't like it, lobby for someone to hit the price-fixing monopolies who abuse the intellectual property laws, but at least aim somewhere near the right target.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  54. Re:Snake Plissken downloaded files by LordLucless · · Score: 2, Interesting

    Playing with words doesn't do that I wasn't playing with words, I was playing with law. What I wrote above is what the legal system enforces (or at least, says it enforces).

    Theft involves the transfer of property from one party to another, copyright violation involves the unauthorized duplication of property, which by creating a larger supply, invariably devalues the property.

    And the whole point of copyright law is not to turn a creative work into property, or rather, it is to turn a creative work into communal property. The supposedly-temporary grant of copyright is in return for the author handing over their creation to the public after they've had a good few years use out of it.

    One might argue that with the new laws and legislations being passed (copyright extension, the DMCA making it illegal to access public domain materiel if it comes in a copy-protected form) mean that authors never have to give their works into the public domain. If so, then the reason for copyright is null and void, and people should feel no guilt at all for not upholding it. Scratch it all, I say. There were authors, musicians and painters well before copyright. Let's head back a few hundred years and try again. Maybe we'll get it right next time.

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
  55. What the fuck? by stubear · · Score: 4, Interesting

    Just yesterday there was an article on /. lambasting for allegedly (though this word seemed to have been dropped from teh accusations) violating the GPL and people were calling for the death of Linksys. How dare a company steal the work of the OSS community. Oh, wait, you mean it's morally OK to violate copyrights now? Is this one of those days of the week things? Sunday it's bad to violate copyright, Monday it's OK?

    I wish people would start calling this what it really is and stop all the bullshit. You are basically too fucking cheap to purchase movies and music and instead of simply doing without you resort to violating copyrights. I say this, what goes around comes around. The next time Linksys or some other company uses GPL'ed code remember your stance here.

  56. No Surprises by CmdrGravy · · Score: 5, Interesting

    I am not surprised by this figure, I was discussing filesharing in the pub on the weekend with some of my friends who are not at all geeky and have never heard of /.

    The five of them have widley varying careers and none of them would consider themselves criminals. 2 of them were annoyed about the DeCss saga, 1 was buying a CD Burner to download stuff and burn CD's, another was getting Broadband to download stuff faster and another was already downloading stuff. The other 2 don't have computers.

    All these people and most other people I have spoken to do realise that they are probably committing a crime but quite frankly they don't care because (a) they are getting music for free and (b) who cares if the record companies are losing money over it.

    Some justifications for those reasons:

    People have been getting music for free off their friends for years, there are some favourite albums which have at various times been passed around 10+ people in our extended group over 10 or more years.

    In the UK the record companies seem only interested in setting up the next Pop Stars / Pop Idol / Shit manufactured act they can squeeze money from. Very rarely are they promoting any band which people like me are actually interested in - last night I saw on TV that Morrisey is unable to get a new record contract when bozo bands like One True Voice just have to turn up at an audition looking nice and sign away any artistic control over their 'career' from that point on.

    The record companies really are bringing this on themselves and no amount of whining and threats from them are going to stop this kind of behaviour.

  57. Re:Celebrate Freedom! July is"Turn Yourself In"mon by Rolo+Tomasi · · Score: 2, Funny

    That's exactly right. This is why in such a case (sizeable part of the population becomes unruly) governments usually build concentration camps.

    --
    Did you know you can fertilize your lawn with used motor oil?
  58. Re:Celebrate Freedom! July is"Turn Yourself In"mon by Surak · · Score: 2, Funny

    Yeah, I can see it now ... P2P concentration camps. 42 million people enslaved to search the Internet and P2P networks for illegally-posted ??AA-owned material. Thousands of course will be taken to the "showers" first.

  59. Re:Celebrate Freedom! July is"Turn Yourself In"mon by Surak · · Score: 2, Interesting

    Yeah, my senior year of high school I attended the local public school, Redford Union H.S. Only that was the year they decided too many people were skipping classes, so they locked all of the doors leading to the outside except for one. (Which was probably illegal due to fire regulations, but I digress).

    So the students renamed it RUSHA (pronounced as 'Russia') -- Redford Union Senior High Academy. Heh. Mad props to anyone from RU High? who attended that year and recognizes this little piece! ;)

  60. Pirates are so full of BS it is pathetic. by mark-t · · Score: 2, Interesting
    They say that music is too expensive.

    That if it they could just download the songs they want that they'd pay for them.

    That not enough money goes to the artist, and they don't want to support that sort of system.

    This is bullshit.

    Even if systems were in place to allow people to download as many individual songs as they wanted for only a buck a song, and even if mechanisms were in place to guarantee that 50% of all revenues would go to the artist, piracy wouldn't diminish... In fact, it would probably continue to rise. The reason people download this stuff isn't because of any higher morality, it's because they want it, and they know their chances of getting caught is next to nil. To make an analogy, how many people speed all the time that wouldn't speed if they knew there was a copy watching them? Morality, you see, isn't affected by laws or the chance of getting caught - if people believe something is morally right, they'd do it regardless of what the chances of getting caught were.

    Piracy will only continue to grow, but that's not a reason to abolish copyrights. Hell, if anyone advocates the abolition of copyrights, they probably don't even care that the artist doesn't get a fair cut of the money - they just want what they want without having to pay for it. Somehow I think most pirates are in this category, although they may not admit it.

    In my opinion, musicians, writers, and software artists who have chosen to seek compensation for their copyrighted works are often deserving of the compensation they are seeking. And if it does not deserve compensation, why the hell should I waste my resources (time downloading, hard drive/CD space etc) on it?

    The only thing that would ever truly end piracy would be such a gross violation of human and civil rights that it's not even worth mentioning. But then, you pretty much say the same thing about almost any crime. The most we can do is to continue to punish the infringers that are caught to the fullest extent that the law permits. It's not a very effective deterrent, but it's all we've got.

  61. Re:Crippled CD's by Technician · · Score: 4, Informative

    I've learned how to vote on the subject. I look for the Compact Disk logo. No Logo, No Sale. So far I've managed to escape the cripled CD. Only the kids managed to pick up one. When it couldn't properly be ripped for the MP3 player, they learned to look for the label also. Remember you do have a vote that they will hear. It's called dollars. If no logo stuff doesn't sell at all, the artists will push for their stuff to be on a format the consumers will buy.

    Have you run into any indie recording with DRM junk? I've not seen it yet. So far it's been mostly EMI and SONY that most often has the Compact Disk logo missing.

    --
    The truth shall set you free!
  62. Dear RIAA by Zaphod-AVA · · Score: 2, Insightful

    Dear RIAA,

    The problem is not that the world is full of greedy people who all want to steal your product. The problem is basic economics.

    You make a product that can be duplicated on a massive scale for close to zero cost. Simple supply and demand tells us that as the supply of your product increased, it's cost decreases.

    After a week, your product is worthless. Changing laws will not change this basic fact. It is up to *you* to find a new business model.

    -Z

  63. Re:Celebrate Freedom! July is"Turn Yourself In"mon by EvilTwinSkippy · · Score: 2, Informative
    My step father is enjoying a rent free existance courtesy of the State of Pennsylvania presently, so I've actually seen a few Penetenturies from the inside.

    My first impression of the waiting room was "Damn, this is just like home room." Lots of long corridors with sealed windows, all meeting at critical nodes. That same cinder-block construction, with the same linolium floor. One visiting room had the same sort of chairs and tables I'd used in middle school. Another had a visiting room that looked just like the faculty lounge.

    Think about it, how many of you remember the absolutely terrible traffic flow of your schools? How everyone seemed to have to pile through one particular intersection. It makes sense for a prison, but I think a lot of times they just cut and paste for schools.

    There is also a whole lot of really cool video equipment and automatic doors. If you ever get the chance to visit a prison (and I mean VISIT, not STAY) I highly suggest it for all geeks.

    If you want 2 buildings to campare: Hatboro Horsham High School, and the Montgomery County Correctional Facility. The overall layout may be different, but the details...

    --
    "Learning is not compulsory... neither is survival."
    --Dr.W.Edwards Deming