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Freenet Creator Debates RIAA
smd4985 writes "Over at CNET News.com, there's a good coverage of a debate between Ian Clarke of Freenet and Matt Oppenheim of the RIAA." In discussing whether it's "legal and moral to create and use Freenet", which is "a radically decentralized network of file-sharing nodes tied together with strong encryption", the RIAA's Oppenheim suggests: "Other than the fact that most infringers do not like to use Freenet because it is too clunky for them to get their quick hit of free music, it is no more of a threat than any of the popular P2P services."
Some interesting comments in here...
It seems that Mr. Oppenheim likes to contradict himself. Observe:
He says: "By the way, the term "file swapping" is inaccurate. Nobody is swapping, people are making copies.", but later in the same paragraph says "Just as we would never agree that it is right to steal someone's clothes or furniture, it is not right to steal music." I think his second assumption is safe to make, but if he worded it in a way that was consistent with his earlier comment, would it still be as universally accepted? Sure people would protest if you stole their furniture, but would anybody see it as wrong if you copied their furniture? He's right about people breaking the law, but he should at least get his story straight.
I also thought this was interesting:
"Why should copyright holders, who as owners of intellectual property, have fewer rights than somebody who owns televisions or clothing and attempts to sell them? Clearly everyone would agree that the television and clothing retailers should be able to investigate and prosecute shoplifters."
Sure, store owners should be allowed to prosecute shoplifters, but they have to catch them in the act. Nobody should be forced to produce a receipt for their stuff weeks later because the store thinks they're short an item and they have a security camera shot of you looking at it. The question really should be "Why should copyright holders have more rights than somebody who owns clothing or televisions and tries to sell them?"
It seems that even when the RIAA is right (people really are breaking the law and infringing the rights offered to their members by copyright) their propaganda is more important to them than their real and legally defensible position.
If a legal structure such as copyright isn't enforceable, it might as well not be part of our legal system, and indeed will be thrown out.
I think often people too often focus on law and morality in a vacuum and forget that, to a large degree, *might makes right* in our society. To some degree our legal system attempts to fairly distribute power in society (often with 'fairly' defined by those who already have power), but it operates under fairly tight constraints on what sort of distribution of power is enforceable. Freenet is huge for the long-term prospects of copyright laws; if Freenet survives they will be forced to radically change in the upcoming years.
Right here on Slashdot.
Clarke: Matt seems to misunderstand Judge Posner's quote. Posner was referring to those involved in the likely "shady dealings"--not the creators of the tools they are using. To use his own analogy, the manufacturers of a mask used in a bank robbery are certainly not responsible for the criminal behavior of the bank robbers. This notion was reaffirmed by Judge (Stephen) Wilson earlier this year in his ruling in the Grokster case as it pertains to P2P networks saying, "Grokster and Streamcast are not significantly different from companies that sell home video recorders or copy machines, both of which can be and are used to infringe copyrights."
Well that's still not a perfect analogy. For example, if the company added a feature to the ski mask that made it harder to pull off, and advertised this feature for use in bank robberies, they'd probably be held liable for its use in a robbery. Or if they didn't advertise it, but did know that the new feature's overwhelming use would be in bank robberies, then they might also be liable. You could make a similar statement for VCR and copy machine manufacturers.
I think Freenet's a really cool technical problem, and I'd get involved in it, except for these kinds of problems. Even with all its positive uses, the idea of working on what turns out to be an ideal tool for distributing kiddie-porn just gives me the willies. I personally don't feel comfortable in this gray area of providing complete anonymity. A system that had the same benefits of distributed publishing (to avoid the Slashdot effect) without the encryption, I'd be interested in contributing to.
So freenet is an ethical dilemma? Next thing you know, we won't have our right of free speech!
Oh wait, nevermind....
"
"Why should copyright holders, who as owners of intellectual property, have fewer rights than somebody who owns televisions or clothing and attempts to sell them? Clearly everyone would agree that the television and clothing retailers should be able to investigate and prosecute shoplifters.""
Why should the owner of a TV have more rights than the owner of a CD?
Copyright owners shouldnt own the information, they should own the right to profit from it.
Just like the TV maker doesnt own the TV once they sell it to you, they own the rights to sell that TV and profit from it.
What I dont like is the fact that as we buy information we dont truely own it, yet when we buy physical objects we own them. This makes no sense to me, I say if we buy music we should be able to do whatever we want with it.
If you use Linux, please help development of Autopac
"it (Freenet) is no more of a threat than any of the popular P2P services."
The tone of that statement seems to imply that P2P is not a threat to the RIAA... which seems contrary to their entire defense.
I have to say, the Freenet guy came across very well in that debate since he was able to flow between humor and fact. The RIAA really needs to hire some PR people that don't seem so angry all the time. As long as they keep up this approach to PR, the more the public is going to go against them.
It's not stupid. It's advanced.
I think Clarke really hits the nail on the head when he says:
"Just as the motor car replaced the horse and cart, so will the Internet replace most of the roles performed by today's recording industry."
The whole RIAA rant is useless because the RIAA is on its way to obsolesence. They can hip and holler all they want, but in 15 years they won't even exist. Even the legal system and/or Congress won't be able to protect them for long - we live in a capitalist society, and in the end efficiency rules.
smd4985
Funniest Quote:
RIAA's Oppenheim: "How does this have anything to do with corporations? This has to do with artists and creators"
Yeah, Right... Last time I checked, the RIAA web site stated that it "is the trade group that represents the U.S. recording industry", not the artist community.
Why do I h8 apple?
The RIAA representative feels very strongly that people should not steal anything, be it songs, movies, chairs, etc...
However, at one point in the debate, he mentions that some people distribute the Bible on Freenet and dismisses that saying, "we can all get that from the motel we most recently visited..."
Someone correct me if I am wrong, but those Gideons Bibles found in motels are supposed to stay in the motels, right? I always thought that you were not supposed to take them. Now I know that many people do take them, but isn't that considered stealing? So didn't the RIAA representative just suggest that we should all steal Bibles from our local motels rather than get them online from Freenet?
The preceding comments reflect the author's personal opinion and are public domain, unless explicitly stated otherwise.
From what I've seen, Freenet is not about "trading files". Oh, that's a part of it, to be sure, and perhaps what it's built around.
But Freenet is about freedom of information. How many times did Clarke have to repeat that? It's a way for a person in China to be able to say to someone else "Maybe it's just me, but our government is less a socialistic ideal and more a dictatorship." It's a way for a teenager to say "I think I'm pregnant, but where I live I'll be stigmatized if I have an abortion, or even look for one - what information is there for me?" It's even a way for a programmer to say "You know, I've got this idea for a cryptography system, but some people in certain businesses might sue me if I even talk about it (whether it's legal or not) - so here's a way to present the information without getting myself in trouble."
That is what Freenet is about - not trading music, or movies, or the like. Yes, it can be used like that - the same way a car can be used to run someone over. Last time I checked, though, most people are just using their cars to get stuff Point A to Point B.
I think the gentleman from the RIAA either didn't get the point - or didn't care (and I believe the latter). In his mind, privacy is not important - though I'd agree with Mr. Clarke. Anonymous exchange of information is important in a democracy. It allows people to speak without fear of reprisal. Without it, people would be terrified to vote for fear their enemies would hunt them down and chop off their limbs. (I had a roommate who was so irritated that Clinton the first time, he wanted to go down the street and beat up people he discovered had voted for him. I was grateful for "secret ballots" at this time.
Eh - but that's just my take. I could be wrong.
52 Weeks, 52 Religions with John Hummel
When music theieves try to attack the technicality of the RIAA's rhetoric, such as trying to say that the word "stealing" isn't correct, they end up looking like a kid that got caught with his hand in the cookie jar and is trying to manipulate words and circumstance to somehow make himself look either innocent or "less guilty". This behavior reveals to judges and intelligent people just what kind of a person they are dealing with.
The point here, and the reason it keeps getting brought up, is that this isn't some kind of hair-splitting quibble -- the word ``theft'' means something, and that something is all but completely unrelated to copyright infringement. The people who wave their hands and ignore this central and obvious fact are not, I'm sorry to inform you, the intelligent ones.
Lots of laws are viewed this way.
Do you ever speed? BAM! you just broke the law.
Ever do your girl-friend in the poop-shoot? BAM! you just broke the law.
Did you ever drink alcohol before age 21? BAM! you just broke the law.
Science is the Real TRUTH!