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Cyber Sleuths vs. Secret Networks

amnfinch writes "I saw this article on BBC news and frankly, I was blown away. Just another example of the relentless campaign to treat file swappers as criminals when their 'crime' is murky at best." Sir Haxalot provides an article on the flip-side: "CNN has a story on 'exclusive' Peer to Peer networks, that require 'knowing the right people and having a wealth of content on your hard disk to get into the clique.'"

92 of 640 comments (clear)

  1. Quoting a P2P "cyber sleuth": by James+A.+A.+Joyce · · Score: 4, Insightful
    From the BBC story:


    "Mark Ishikawa, a former hacker, is the CEO of BayTSP, arguably one of the most recognised and biggest companies working in the business of patrolling the web to unmask violators of copyrighted music.

    From his Silicon Valley base he told BBC News Online: "There is no lock that can't be picked and our technology ensures that there is not a rock in the world you can hide under if you are sharing files.""


    It's not about whether or not there's a lock to pick, nor how strong it is; it's about the fact that there's about 30 million locks which have to be picked at any one time.
    That's why clamping down on P2P is going to be so hard. It's not because of the difficult of catching people - after all, most of the make virtually no effort to cover their tracks even when using centralised services - but the fact that there are simply so many of them. It's like trying to delete every single byte of data on a hard disk - it's not very easy to do at all without completely destroying the disk itself.
    1. Re:Quoting a P2P "cyber sleuth": by gl4ss · · Score: 2, Interesting

      yes and besides, his argument loses quite a much point, like, they're saying they are these uberhaxors who can go ANYWHERE, and do go ANYWHERE they like(which is of course, pretty much illegal, and impossible). what they're saying is that if i trade cdr's with my local biker gang(with 'files', he even implies that they are controlling anything that offers files, that means, they're bigger than google!) or if i copy mp3's with my neighbour through direct cable they still will find me! this guy sounds a bit like the phantom ceo at that penny arcade strip.

      **"We find between 1.5 million to two million copyright infringements a day and we have a very high effectiveness rate. About 85% of the people we send notices to go away and we never see them again."**

      so, but they aren't sending 1.5 million to two million notices per day aren't they? i call that they're ultimately ineffective in handling the problem.

      what they're in fact doing is biting into the money veins of riaa, by bullshitting them and by bullshitting everyone in the progress as well, i wonder if i should file a suit because they spy on my private gallery(that shares files, that they have no right to access to, yet they imply that they magically are doing this, i think i could argue that i'm clueless about such things and they made me lose my sleep and i became insane because of that and ran out of tinfoil).

      --
      world was created 5 seconds before this post as it is.
    2. Re:Quoting a P2P "cyber sleuth": by Acidic_Diarrhea · · Score: 2, Insightful
      "There is no lock that can't be picked and our technology ensures that there is not a rock in the world you can hide under if you are sharing files."
      Didn't this guy hear about the DMCA? You're not allowed to pick my lock even if all it is is a loosely tied string.

      Oh, wait - does the DMCA only apply when it's being used against the little guy by a huge corporation and never the opposite?

      --
      I hate liberals. If you are a liberal, do not reply.
  2. uhhh by nomadic · · Score: 4, Insightful

    when their 'crime' is murky at best.

    Actually, it's pretty clear. Distributing copyrighted material without the copyright holder's permission is illegal. Nothing murky about it. The sense that I seem to get from slashdot is people really, really want to share files, so they tell themselves there's nothing wrong with it.

    1. Re:uhhh by ryants · · Score: 4, Insightful
      Distributing copyrighted material without the copyright holder's permission is illegal.
      ... so they tell themselves there's nothing wrong with it.
      Legal and illegal != right and wrong.
      --

      Ryan T. Sammartino
      "Ancora imparo"

    2. Re:uhhh by JaredOfEuropa · · Score: 5, Insightful

      True, but maybe he meant 'crime' as opposed to 'misdemeanor'. Swapping songs is wrong, but the punishment should fit the crime. Sharing a few songs does not warrant being served with multi-million dollar lawsuits, being treated worse than a drunk driver, or being bullied into handing over your live savings to the RIAA. It's the RIAA's tactics and the way file swappers are treated, that has people up in arms, not the fact that they're going after the swappers in itself.

      The RIAA is clearly trying a scare tactic, by making examples out of a few individuals. It's a bit like the old days, when they would cut off the hands of shoplifters (though not quite as bad). Respectable people like you and me may shrug about that, but just you wait until you are singled out for being made into an example... and you don't have to have committed any actual crime; if the RIAA dislikes what you do, you're a viable target. Look at that student with the search engine.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    3. Re:uhhh by aborchers · · Score: 2, Interesting
      The person making the music, movie or whatever, is done. THey have made the piece, now its ours and thats that.


      What do you do for a living?

      I'm serious. I want to know what you do that you expect to profit from to the degree that you can keep comfortably yammering away at this anti-copyright mantra.

      --
      Trouble making decisions? Just flip for it.
    4. Re:uhhh by techstar25 · · Score: 2, Interesting

      Here is what makes it murky: This guy isn't looking for copyrighted files, he's looking for file swappers, whether the swapper owns the copyright or not. What I do in my own house (hard drive) is my business, and I don't want anyone peeking in my windows (ports) without my permission.

      And yes, I swap a lot of files that I own the copyright to. I am a musician and I like to make my music available to everyone. More people trade on Kazaa than visit mp3.com on any given day so it just makes sense to use P2P to distribute indie music.

    5. Re:uhhh by Eyston · · Score: 2, Insightful

      All the RIAA knows is that you downloaded a song. That in itself is not illegal. What if you own that song but it is on a copy-protected CD and you want to be able to play it on your MP3 player? Is that also illegal? Under Fair Use I would think not, but IANAL.

      -Eyston

    6. Re:uhhh by Kenja · · Score: 3, Insightful

      Please try to describe in instance where distributing copyrighted material without the copyright holder's permission is 'right'.

      --

      "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
    7. Re:uhhh by generic-man · · Score: 4, Informative

      Please have your wife post about such matters in the future. It is not considered "fair use" to distribute entire songs, albums, movies, and other forms of copyrighted material publicly and in their entirety without the copyright holder's consent.

      It is against the law to distribute copyrighted material without the copyright holder's consent.

      --
      For more information, click here.
    8. Re:uhhh by Frac · · Score: 4, Informative

      uhhh... Bzzzzztt!! WRONG!

      You didn't listen carefully to your wife, because there's no way a cyber-law class in ANY school would define fair use in the terms you just described.

      By your definition of fair use, all those CD bootleggers on the streets in New York City are legitimate, since they are copies of a purchased album. And that is obviously not the case.

      The law governing fair use is actually fairly easy to understand: (link)

      Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      (2) the nature of the copyrighted work;

      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

      (4) the effect of the use upon the potential market for or value of the copyrighted work.


      It doesn't take an economist or a lawyer to understand point 4 - sharing copyrighted content that you do not have rights to millions of people would have DEFINITELY have a substantial impact upon the value of the copyrighted work.

      Just helping you out in case you spout off that "big media companies" argument in front of a judge.

    9. Re:uhhh by kaltkalt · · Score: 3, Insightful

      File sharing copyright infringement is malum prohibitum, not malum in se. People shouldn't go to jail for trivial little malum prohibitum offenses. The fun(ny) part is watching the RIAA, etc try to convince the world that file sharing is really malum in se. At that, we all laugh our collective asses off, as that notion is sillier than potsmoking causing toxic overdoses and woldwide terrorism.

      The only thing wrong with filesharing is that there is a statute which, by sheer overbreadth, makes it technically illegal. Other than that, there is absolutely nothing wrong with filesharing copyrighted material.

      --

      Stupid people make stupid things profitable.
    10. Re:uhhh by glenstar · · Score: 2, Funny
      What do you do for a living?

      I am going to step out on a limb here and guess that that he/she is a HURD developer.

    11. Re:uhhh by homer_ca · · Score: 4, Insightful

      Music is more than property or possessions. It's culture. The studios take our culture, repackage it, lock it up and sell it back to us. It's not like all this 'intellectual property' was created from the void by some oracle at the studio. We had a public domain with things like folk music, Shakespeare, Greek theater, etc.

      To put your analogy in perspective: instruments + composition are to music what groceries + recipes are to cuisine.

  3. newsgroups and the IRC by DrLudicrous · · Score: 2, Informative

    What about newsgroups? I hear about people trading very large amounts of data via newsgroups all the time, including entire CD's. It seems to be more reliable than peer-to-peer, and it's private. And what about the IRC? I've heard of people getting software shipped to them before it's even released to the general public because of good contacts on IRC channels!

    1. Re:newsgroups and the IRC by aridhol · · Score: 2, Informative
      From the BBC article:
      This involves launching robotic searches across the internet, on all major peer-to-peer networks, in 65,000 newsgroups, FTP sites, Internet Relay chat channels and auction and retail sites.
      Newsgroups are extremely non-private. You put the files on your ISP's server, which broadcasts to (almost) every other ISP in the world.
      --
      I can't say that I don't give a fuck. I've just run out of fuck to give.
    2. Re:newsgroups and the IRC by binaryDigit · · Score: 2, Informative

      What about newsgroups?

      The security of newsgroups depends entirely on whose news server you're using. If the nntp server you're accessing records your ip along with your requests, then you can be tracked in the same way as they're using for p2p. Ditto IRC, though usually with IRC, someone will setup a temp ftp site and tell interested parties what the ip address and username/password is to access the site.

    3. Re:newsgroups and the IRC by aridhol · · Score: 2, Informative
      Newsgroups are a pain in the ass to get anything from. UUDECODE and other formats are used and generally the files are split over MANY messsages.
      There are tools available to simplify downloading from newsgroups.
      --
      I can't say that I don't give a fuck. I've just run out of fuck to give.
  4. let's fight back by Gnaythan1 · · Score: 5, Interesting
    according to this http://www.techcentralstation.com/1051/techwrapper .jsp?PID=1051-250&CID=1051-072903B

    quote:
    "Recently, Republican Senator Sam Brownback offered an amendment to an FTC reauthorization bill that would force "owners of digital media products to file an actual case in a court of law in order to obtain the identifying information of an ISP subscriber" rather than the current standard where the subpoena power is virtually unchecked."


    Sounds like Sam Brownback has the right idea, and I want to give him some encouragement...

    It seems that money is the only thing these people seem to care about, so I think I will take what I would have spent on a music CD (about 20 bucks) and send a money order to this guys campaign fund instead. I think I will add a nice little note on why I did that. Too bad I can't vote for him directly...

    I think I'll send a note to my senator as well, along with a copy of the Brownback note, explaining why I'm not sending HIM any money.

    Twenty bucks isn't much.... but what happens if just one percent of the people who read this do the same thing? Hell I might make this an ongoing project, and send twenty bucks a month to whatever congress-critter seems to deserve it the most at the moment.

  5. no where to hide using software? by garcia · · Score: 2, Interesting

    Thinking of hiding behind nicknames like "hottdudeXXX" or "bluemonkey13" or even installing new software to cloak your identity? Think again, says Mr Ishikawa.

    "We got an e-mail last week from someone saying 'How did you find me? I used Peer Guardian' and he thought that would save him from our spiders. There is nowhere to hide."


    What about P2P networks that encrypt all traffic? How are they going to determine what media you have (based on the 30s that they apparently download from you) when it's all encrypted?

    How about when I trading legal copies of music (like SHN/FLAC/etc Grateful Dead shows?) Will these 30s clips match up?

    Of course the article is narrow on details.

    This "spider" crap worries me.

    1. Re:no where to hide using software? by Suidae · · Score: 2, Interesting

      A particularly smart and resourceful bounty hunter would dump a bunch of money into developing an opensource p2p client to add lots of good features, and a little bit of code that makes it easier for them to identify people (like it responds in a certain way to searches for a particular subset of file hashes). Naturally they would provide binaries for the windows users and the source code would not have the naughty bits in it.

      I expect that if they released the code in such a way as to make it difficult to compile, or so that it had enough options that builds would frequenly result in slightly different binaries it would take a very long time for anyone to notice.

  6. 'Crime'? by heir2chaos · · Score: 5, Insightful

    Look, I file swap, but it is still illegal to trade copyrighted material. Everyone that trades files knows this, it is just that they don't care. It's just like speeding, it's illegal, but it doesn't matter until you get caught.

    1. Re:'Crime'? by geekoid · · Score: 3, Insightful

      "...trade copyrighted material"
      no its not. I can freely trade you my copy of "The Hobbit", for your copy of "Jaws".
      You can even resell your copy! as a mattter of fact, there is probably a place where you can get copyrighted material for free! its called the Library.

      Now if you copy and redistribute computer data, that is probably a different matter, but I don't think its been fully put to the test.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  7. Most Bootlegged Songs?!? by burgburgburg · · Score: 3, Funny
    Ignoring the implication of the phrase, I find this list really hard to accept:

    Busta Rhymes: Pass the Courvoisier
    U2: I Still Haven't Found What I'm Looking For
    Bon Jovi: You Give Love A Bad Name
    Van Halen: Hot for Teacher

    1. Re:Most Bootlegged Songs?!? by garcia · · Score: 2, Funny

      don't worry, it's another RIAA tactic. Tell people on the Internet about the most popular downloads on P2P networks so that they can pinpoint you easily.

      Only the idiots will believe this crap, they will go and download the files, and they will be able to quickly find you because NO ONE ELSE WOULD DOWNLOAD THAT CRAP.

      Busta Rhymes my ass :)

  8. Going away by henrygb · · Score: 5, Funny
    "About 85% of the people we send notices to go away and we never see them again"

    Especially if they have dynamically allocated IP addresses.

  9. How secure is this? by CmdrWass · · Score: 2, Interesting

    From the original post:

    'knowing the right people and having a wealth of content on your hard disk to get into the clique.'"

    If anyone already on the network can allow someone onto the network, then there is still a possibility of someone charming their way into the trust of others. They need to take it one step further, and give a unique public key/private key to each individual, and have a single person responsible for adding people to the network. Otherwise, if anyone on the network can invite anyone else, then the network will grow exponentially, and then you won't be able to control the network.

    1. Re:How secure is this? by stratjakt · · Score: 2, Interesting

      Why dont you ask all the folks in DoD, RaZoR1911, FairLiGHT, etc how secure this is?

      Yeah, your circle of trust can be corrupted.

      It's still safer to be the guy in the limo distributing bricks of cocaine, than the kid on the streetcorner selling it in $10 bags.

      --
      I don't need no instructions to know how to rock!!!!
  10. It's a deterent by binaryDigit · · Score: 3, Insightful

    It's not about whether or not there's a lock to pick, nor how strong it is; it's about the fact that there's about 30 million locks which have to be picked at any one time.

    The RIAA doesn't want to prosecute everyone who shares files, they want more people to stop sharing files. The idea is that if for everyone they do go after 10 (or whatever) other people will stop.

  11. The digital detectives have it easy by Rosco+P.+Coltrane · · Score: 4, Funny

    They have been described as Hollywood's digital detectives and they have a warning for anyone illegally trading music or movies: "You can run but you can never hide."

    Hell, given that most computer geeks have trouble getting out of their chair, let alone run, I'd say they're in pretty deep trouble ...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  12. The Risk of Private Networks by KrispyKringle · · Score: 2, Insightful
    I don't see why the RIAA or other copyright holders would be all that concerned about private sharing networks. Security, even in regards to copyrights, is a balance between how expensive the system is and how expensive an intrusion is.

    A private network can never have the volume of sharing, and hence harm to the copyright holders, that the big public networks like Kazaa have. And the cost of tracking them down is prohibitive. So I don't see this as something the RIAA needs to get worked up over any time soon. "Private" sharing, in some form or another, has been going on for decades. Analog tapes and software piracy before the days of the Internet are just two examples of tacitly-accepted piracy which was simply too low-volume to be an issue.

    Now, if something like Freenet were to provide fully anonymous, public sharing with the ease-of use and pervasiveness of Kazaa, I think the RIAA would be scared.

    1. Re:The Risk of Private Networks by garcia · · Score: 3, Insightful

      Now, if something like Freenet were to provide fully anonymous, public sharing with the ease-of use and pervasiveness of Kazaa, I think the RIAA would be scared.

      Duh, that's why they are publically saying it is hard to use in every article they can. They want the public to be afraid to even try it.

      They know that us geeks don't care, but they know that the public only believes what they are fed.

      If Joe Blow 13 year old (clueless) hears that Freenet is hard to use over and over, he is less likely to try it.

    2. Re:The Risk of Private Networks by Kjella · · Score: 2, Insightful

      A private network can never have the volume of sharing, and hence harm to the copyright holders, that the big public networks like Kazaa have. And the cost of tracking them down is prohibitive. So I don't see this as something the RIAA needs to get worked up over any time soon. "Private" sharing, in some form or another, has been going on for decades. Analog tapes and software piracy before the days of the Internet are just two examples of tacitly-accepted piracy which was simply too low-volume to be an issue.

      However, it is also true that copying in the past often involved inferior products (cassette recordings, "ripped" CDs, etc.) But now, with CD images and things like FLAC and decent bandwidth, people are getting *exactly* the same product (or could if they weren't happy with 128k mp3s...). Which among other things means that stuff can pass from public to private networks and back, with no loss of quality.

      Private networks are a "last-mile" endstage to what the public networks started, and that's how it's been as long as I can remember. I remember one of the first uses of cd burners were that the three of us each downloaded mp3s over modems (public) then swapped CDs (private). Now it's all Internet, but it's still the same. One finds it and shares it with his friends.

      Assuming Freenet gets its act together, I imagine that'll be much the same. One gets it, and sends it directly to the rest at full speed (encrypted if Echelon wants to try reading it). Not that I imply that any of what we're sharing is illegal ;).

      Kjella

      --
      Live today, because you never know what tomorrow brings
  13. Overblown Language? by DogIsMyCoprocessor · · Score: 2, Funny
    "If you have an active internet address or connection and you are actively sharing files, our spiders will find you."

    Sounds like something the "Your computer is broadcasting an internet address" guys could use. It could link to a place selling Raid by mail.

    --

    "And this is my boy, Sherman. Speak, Sherman." "Hello." "Good boy."

  14. Hi tech by bytesmythe · · Score: 5, Funny
    "Using our matching technology, we identify the user name, the protocol they're using, which file-sharing protocol if it's just a web protocol or not. But the most important piece of information we detect is their IP address," explained Mr Ishikawa.

    "Matching Technology"? Oh no! They've learned to use regular expressions to parse an unencrypted text stream! Good lord! Now no one will be safe swapping files online! However will the file sharers bypass the modern technological marvel of grep?

    --
    bytesmythe
    Hypocrisy is the resin that holds the plywood of society together.
    -- Scott Meyer
  15. Re:They are criminals! by El · · Score: 4, Funny
    Damn straight! And anybody driving 1 mph over the speed limit should be treated like a criminal too! And people driving without wearing their seatbelts should be given the death sentence!

    Remember, folks: if you go to the bathroom during the commercials, you are stealing that television broadcast!

    Didn't we learn anything from prohibition? If half the population routine violate a law, then perhaps it makes more sense to change the law than to put half the population in jail.

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  16. Investigate Buymusic.com by burgburgburg · · Score: 4, Interesting

    As reported on MacSlash, Buymusic.com is violating copyrights. Jody Whitesides, a musician, found an old CD he made for sale on the Buymusic.com site without ever being informed/asked/paid. He checked and also found albums from friends of his. As it turns out, they all had dealings with a brick and mortar distribution company called Orchard in the 90's that supposedly went out of business. They didn't and now it seems that anyone who had dealings with them might be on Buymusic.com without their knowledge, consent or recompense.

  17. $anonymity by kuleiana · · Score: 2, Interesting

    As human beings we have the right to anonymity as a basic human privelege. We should not abuse that right to harm others, nor should we be denied the right to not be public if we wish. The RIAA and similar organizations seek to eliminate that right in a certain venue in an attempt to control more resources utterly, i.e., the musical recordings of the artists who they supposedly, fully "represent".

    Does anyone remember what happened to anon.penet.fi? And now hotmail.com and the equivalent msn are owned by microsoft and extremely popular years later, after the first popular anonymous e-mail service (Penet) was shut down for allegedly committing a crime through offering anonymous e-mail.

    --
    Thinkingman.com New Media
  18. Enough with the editorializing by TrollBridge · · Score: 4, Insightful
    "...when their 'crime' is murky at best."

    I really wish article submitters would stick with the facts and stop injecting their opinions into the stories they are submitting. Statements such as that only makes one sound like a zealot (granted, though, there are plenty of people who agree with it).

    --
    There's a Mercedes gap too. I want one and can't afford one, but it's not government's job to do anything about it.
  19. Pinkerton? by cosyne · · Score: 4, Funny

    As well as making money, Mr Ishikawa's vision for BayTSP is to become a hi-tech version of Pinkerton, the legendary detective agency that protected presidents like Abraham Lincoln ...

    Ok, that may not be the best example there, guys.

    1. Re:Pinkerton? by Valar · · Score: 4, Informative

      Pinkerton was also famous for being called in to stop labor strikes at Carnegie Steel and then shooting the workers that were on strike...

  20. This quote is very telling by Anonymous Coward · · Score: 4, Insightful
    As well as making money, Mr Ishikawa's vision for BayTSP is to become a hi-tech version of Pinkerton, the legendary detective agency that protected presidents like Abraham Lincoln and hunted outlaws like Jesse James.
    The Pinkertons did a great job protecting Lincoln, except for the assassination part and their hunt for Jesse James was a success only in that it didn't result in a capture.
    1. Re:This quote is very telling by El · · Score: 4, Interesting

      This is a excellent analogy; the Pinkerton men were almost universally hated assholes who made a habit out of violating people's rights and using strongarm tactics to do their master's bidding. When companies needed somebody to beat up strikers to end a strike, who did they call? Pinkerton.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

  21. You may well be correct. by James+A.+A.+Joyce · · Score: 4, Funny

    The thing is, though people may well be deterred, I think they will probably continue to use P2P after short time anyway when they see geeks carrying on like nothing's happened.

    Joe Sixpack: Wow! I can download ten songs a day for free!
    Joe Sixpack's friend: Cool! So am I!

    One week later

    Joe Sixpack: I got a letter from the record companies. They tracked me down, so I think I'll stop.
    Joe Sixpack's friend: Wow, guess I'd better stop too.

    They stop. One week later, Joe Sixpack and Joe Sixpack's friend see a Geek using a P2P service

    Joe Sixpack: Dude, I thought the record companies sued you if you shared files.
    Geek: Only a few people. They're just trying to scare everyone else straight.
    Joe Sixpack: Really?

    One week later

    Joe Sixpack: Wow! I'm downloading more songs than ever before, and the record companies really haven't busted me!
    Joe Sixpack's friend: Me too!

    They all live happily ever after, except for the media giants which have to switch to a proper business model. The end.

    1. Re:You may well be correct. by Xabraxas · · Score: 4, Insightful
      Yes. Because for every Britney or Justin there are a hundred Airs or Midnight Oils or Polyphonic Sprees. Kill the pop hits, and you kill the little-knowns.

      Not really. Lesser known bands make much more from concerts than record sales. The only point of having a record label is to they can distribute your record to different markets. Bands only make a very small percentage of what you pay for an average CD anyway. Lesser known bands survive by touring relentlessly and if music is what they love, I don't see a problem with them having to make their money that way. I'm not terribley concerned with the welfare of millionaire pop stars.

      --
      Time makes more converts than reason
  22. Copyright law by ka9dgx · · Score: 2, Interesting
    IANAL - I don't need anyones permission to excercise my fair use rights. In fact, it's not a right if I have to ask permission, is it?

    It's not at all clear that sharing a file with a friend is illegal, and it's clearly not immoral.

    Copyright exists to provide incentives to push works into the public domain, not to keep them out of it.

    --Mike--

    1. Re:Copyright law by JaredOfEuropa · · Score: 3, Insightful

      "Copyright exists to provide incentives to push works into the public domain, not to keep them out of it."

      Copyrights exist to provide an incentive to push works into the public domain, by providing a means for the publisher to make money off the published work. Sharing files with friends deprives him of that income. I don't see how sharing files with friends is 'clearly not immoral' (though one could argue that it isn't).

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  23. Re:Bluffing? by Lazar+Dobrescu · · Score: 5, Interesting
    The RIAA are indeed 'acting tough'. Their tactic is simple: Scare people away from P2P. Once it is clear that P2P is illegal, and that people are either going to jail or get fined big bucks for it, they assume that most 'ordinary' people will stop downloading files from P2P networks.

    Of course, that might or might not happen, as we know the public to be easily scared and all. On the other hand, it is very possible that it will not work, like things do not work for, say, marijuana. Of course, the penalties the RIAA wants to impose on file-sharers are orders of magnitude worst than the penalty for simple possession of marijuana, but it is my opinion that these penalties will not hold for long once they start applying it to too many people.

    As for the smaller, encrypted P2P networks, I don't think the RIAA is after them for now, as they don't really cause them that much trouble. Just as music-sharing before the era of P2P, a P2P network of 30 people does not make as much noise as one of millions of users, and arguably, in the eyes of the RIAA at least, not as many missed sales.

    In the end, the first people who get caught in RIAA scare tactics and decide to fight back(there shouldn't be too many of them) will be the ones who will decide of big P2P network's future. If they manage to win their case, or even bring the penalty to something affordable and acceptable for a 'normal' person, there will no longer be any way for the RIAA to scare people. On the other hand, if they end up having to pay 1000$ a month or worse for the rest of their lives, you can expect that a lot of users will shy away from the network, making them less and less efficient...

  24. Underground by ispinstr · · Score: 2, Insightful

    Trading is just going to move underground. If you have a smaller trading group with enough suppliers of content, there is no need to share with everybody in the world. A virtual, private P2P will be tough to track down. This is not really a bad thing. It will cut down on the trading of files by most people since suppliers are hard to find. It will go back to trading between friends which has been around for decades now but now it will be digital sharing rather than analog.

  25. CNN story by harmonica · · Score: 2, Insightful

    "You'll know they're talking, but you won't know what they're saying. It's quite impossible to crack the algorithms," said Lowrey, whose company, Endeavors Technology, is designing a file-sharing system for corporate clients.

    Actually, you don't even know they're talking. A program can send small encrypted blocks regardless of whether the user actually sent a message. If nothing is to be exchanged some no-op message can be transferred which is as large as a normal encrypted message block. Don't let the attacker know more than necessary.

    As for the elitist country-club type of sharing cliques - those always existed. Whether they are using private IRC channels, FTP or some newer p2p system like DC, that's not much of a difference. Of course release groups don't let anybody join, to name one example.

    The problem with private circles - they can always be infiltrated by 'traitors'. It's not a technical problem anymore once a person feels threatened enough to cooperate with the police.

  26. 6 degrees of separation by jemenake · · Score: 5, Interesting
    CNN has a story on 'exclusive' Peer to Peer networks, that require 'knowing the right people and having a wealth of content on your hard disk to get into the clique
    Over the last several months, I've begun to conclude that something like this is the only way that file swapping can really endure. Basically, my idea was that each person's file swapping client would only make/accept connections to/from people that you trust: friends, family, etc.

    The twist would be that the system would allow relaying of searches and of actual files. In other words, if I request a file that is on my friend's friend's computer, then the file has to come through the computer of our mutual friend. The whole idea is to keep things as encapsulated as possible... kinda like how terrorist cells work.

    Now, I know that this increases network traffic... adds a lot of opportunities for a "weaker link" in the chain (imagine if one of the people in the relay chain is using a 56k modem)... decreases the "connectedness" of the whole sharing network, etc. However, I think this is the only real way to keep the RIAA from just being able to download a song and, *pow*, have the IP of someone to sue.

    Also, some of these problems mentioned might be assuaged by the fact that people might feel more comfortable leaving their stuff shared. I, for one, have gobs and gobs of stuff that I could share, but I don't... because I have way too much to lose. However, if I knew that the only people who could connect to me would be people that I know... I'd have tons of stuff up and shared... 24/7.

    The strange thing is that it seems to me that this was Aimster's plan, but they got shut down for some reason. But I don't know why.
    1. Re:6 degrees of separation by xtrucial · · Score: 2, Insightful

      This sounds like a promising idea. I'd like to add that you probably don't need to transfer the entire contents of the file you request from your friend's friend. Instead, merely a few bits of authentication could be passed.

      That is, your software passes a packet to your friend that says "I want file X". Friend's software says, "I don't have it, but my friend does." Your friend then sends a packet to his friend saying, "My friend, whom I trust, wants this file, can you send it to him?" Fried of friend clicks "Yes" and transfer the file directly. But all the authentication can be in tiny packets of data, encrypted if you like I guess.

    2. Re:6 degrees of separation by Jonner · · Score: 2, Informative

      Your idea sounds very similar to Freenet.

  27. Deterrence is Ineffective & Farcical by FreeUser · · Score: 5, Insightful

    The RIAA doesn't want to prosecute everyone who shares files, they want more people to stop sharing files. The idea is that if for everyone they do go after 10 (or whatever) other people will stop.

    The idea is wrong, both ethically and practically. Ethically it is absolutely heinous to make some people pay an exaggerated price in order to frighten others. Indeed it could be argued that it is unconstitutional (14th amendment) to go around destroying some lives in order to 'communicate' a point to others (some are getting very, very harsh treatment, while others are being left alone). Practically, deterrence has been shown not to work, as we see every day with speeding and the woefully ineffectual and counterproductive War on Drugs(tm, Reagan & Daddy Bush). Indeed, deterrence of such crimes is only marginally effective at best, and more often ineffective altogether, particularly with teens, whose notorious "it will never happen to me" attitude is more or less hardwired into their biology and often remains intact well into adulthood. The entire youthful 'immortality syndrome' conspires against any such efforts at deterrence at several levels, something the RIAA and other cartels seem to be unable to grasp (talk about not knowing your market, or your customers).

    A teenager sees a few thousand people get busted, out of several million, and (virtually every one) rightly concludes that they'll never be prosecuted. Indeed, any one filesharer is far more likely to be killed in a car accident than to be brought to trial by the cartels, and we've seen what a deterrence death by physical mutiliation resulting from a high speed automobile impact has on teen driving ... i.e. none whatsoever.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Deterrence is Ineffective & Farcical by saiya · · Score: 5, Insightful

      Stealing music is shoplifting.
      Making unauthorized digital copies of music is copyright infringement. It is not theft, and it certainly is not piracy.

    2. Re:Deterrence is Ineffective & Farcical by drsmithy · · Score: 4, Insightful
      Punishment for a crime is intended to deter others from committing that crime.

      No, it's intended to either gain reparations or isolate the offender from society.

      The whole principle of "deterrence via punishment" is broken (and immoral). If laws are just, the majority of people will follow them (and the people that don't, wouldn't anyway). Not to mention the vast historical record demonstrating that it doesn't work.

      Stealing music is the equivalent of shoplifting.

      Bollocks. They're not even remotely similar crimes (legally *or* morally).

      Deterrence has in fact been shown to work as a general principle of the justice system [...]

      It has ? Where ? History is replete with examples of people who broke unjust, immoral and unethical laws regardless of the punishment. So is modern society, for that matter (P2P being just one of many).

      Indeed, about the only way to make punishment a somewhat effective deterrent is to make the punishment so ridiculously out of scale with the crime that the consequences*probability equation is affected (and even then, it doesn't work for long - particularly in a modern democratic-style society - as there is significant social backlash).

      If you think people don't break the law because they're afraid of being punished and similarly, if you believe the principle of deterrence via punishment is the philosophy behind modern justice systems, then you have my deepest sympathies. I wouldn't want to live in your neighbourhood.

    3. Re:Deterrence is Ineffective & Farcical by rnd() · · Score: 3, Insightful

      I think our major point of disagreement has to do with property rights. Whistling or singing a song is fundamentally different than creating an exact digital replica of the original master and then willfully distributing it to thousands of freeloaders.

      I believe that property rights are essential to pure capitalism. Clearly, we do not experience pure capitalism, but that is no reason to give up on it and subscribe to a collectivist notion of fileswappers as modern-day Robin Hoods merrily redistributing intellectual property to society's victims.

      Property rights are crucial to Capitalism because they form the basis for much of our individual freedom. Contrast land ownership with mere occupancy as was the case during medieval surfdom. When you own land you have an undisputable right to occupy that land and to do with it as you choose, with some minor limitations known in the modern world as zoning.

      When you engage in the capitalist enterprise of production, you create a product. That product is your exclusive property, and you may do with it as you see fit. If you build a bird house, you may sell it to the neighbors for $50 if they are willing to pay for it.

      The digital age has opened up a whole new realm of production and reproduction. While in the above example you would have to build birdhouse after birdhouse, you can now write a song or a computer program, and instead of worrying about how you will make enough to sell to everyone who might wish to buy one, you have the luxury of being able to dedicate your efforts to the first copy, knowing that as soon as it is done you can effortlessly produce more copies as you see fit (or as demand dictates).

      If someone comes along and steals your master copy, then that person deprives you of your just rewards for your initial effort. If that person gives away copies of your software for free against your will, he/she deprives you of the ability to profit from your ingenuity. Just because someone can copy your work does not make it right to copy it.

      So, property (intellectual and physical) rights are critical to successful capitalism because they protect the outcome of production, and in capitalism production is the way that individuals express their freedom.

      The Robin Hood who steals the product of one individual's freedom diminishes the creator's freedom by limiting the ways in which the creator may use it to benefit himself.

      Thus, if you believe that (pure) capitalism is a system that maximizes individual freedom, then theft or unauthorized copying and distribution of the product of that freedom dilutes and diminishes the freedom of the creator and is therefore counter to the ends of Capitalism.

      --

      Amazing magic tricks

    4. Re:Deterrence is Ineffective & Farcical by Alsee · · Score: 4, Insightful

      [CDs] so damned expensive
      Who are you to decide.


      (A) The RIAA was found to have been illegally price fixing by the legal system. And it *is* their place to decide that.
      (B) It doesn't matter either way. It has absoltely nothing to do with whether or not copyright infringment is "theft".

      That is rubbish. Who are you to decide. That's like me breaking into your house

      That's rubbish. Breaking into a house is a crime - a completely unrelated crime. You may as well have compared copyright infringement to theft by saying it's like murdering someone and swiping their wallet.

      and stealing something with dust on it and claiming innocence because "you would never have used it anyway".

      Again you are relying on a non-existant case of taking someone's property. In copyright infringement nothing is taken. It has absolutely nothing in common with theft. You might as well try to argue that slander is theft.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:Deterrence is Ineffective & Farcical by clambake · · Score: 2, Funny

      You might as well try to argue that slander is theft.

      You've stolen my line... YOU THIEF!

  28. You're missing the point, gang by mnemotronic · · Score: 4, Interesting
    The RIAA has stated they need to hack into private networks, otherwise known as VPNs, to track down the naughty copyright violators:
    "If users think that any particular service guarantees their anonymity, they're wrong,"
    Naturally the RIAA will need to inspect and decode every single packet sent using an encrypted protocol to determine if it contains copyrighted material. The NSA may be able to do this (not that we'll ever know), but I really doubt if a bunch of limp-noodle Hollywood lawyerswine have the funding or technical ability to do it. Supposing though, that through some miracle, they can pull it off. How will organizations that employ VPNs or PPTP for legitimate business purposes react when they hear that the RIAA is cracking their transactions?
    --
    The Russians have won. They have made the world a cesspool of distrust, greed, fear and hate.
  29. HA! by wwest4 · · Score: 2, Interesting

    This article is the funniest thing I have read in a long time.


    "This is just over a few hours and I have almost 14,000 records with a variety of different titles ranging from Daddy Day Care to Anger Management and Charlie's Angels."


    What the BBC didn't mention is that she is using the newest ueber-kewl anti-piracy spider PACKETNEWS.COM

    For any similar industry stoolie morons lurking here - welcome to the net. You must be new here. "Pirates" switched from BBS to FTP to HTTP to IRC to P2P. The next step will be using crypto to obtain anonynimity that WILL foil IP traces. You will have to do better than chasing down sharers with a glorified webcrawler:

    inform your clients that resistance is futile and they have to change their business model to catch up with new distribution technologies that the net enables.

    Nice try though, and again: welcome to the digital era.

  30. BBC Sponsored Ad by Mikeface · · Score: 2, Insightful

    The a$$h0le who runs the 'company' is just making inflammatory comments in an article that amounts to free advertising for him and his cronies. Frankly, the idea of being snooped on, just because I'm sharing files that may or may not be copyrighted, is yet another blow for our civil liberties. They seem to be dropping like flies these days...

  31. in response to the most common of comments. by Suppafly · · Score: 5, Insightful

    Copyrights exist to provide an incentive to push works into the public domain, by providing a means for the publisher to make money off the published work. Sharing files with friends deprives him of that income. I don't see how sharing files with friends is 'clearly not immoral' (though one could argue that it isn't).


    One could argue that since copyright is effectively broken (ie: it doesn't push anything into the public domain due to the fact that its been constantly extended every few years for the last hundred years) that there is no obligation for the populus to obey copyright laws as they gain no benefit.

    Social contracts only work if both sides hold up their end of the bargain, and in this case, the RIAA and associated industries have failed to do so. Once they start releasing material into the public domain after a relatively short amount of time, I (and I imagine many others) will start rewarding them by paying for some of the material they have copyright on.

  32. If P2P dies by LordOfYourPants · · Score: 3, Insightful

    I'll probably just shy away from buying new CDs and DVDs in general. That's not to say I will go on a pirating rampage, but I'll stick to free and currently legal alternatives that don't leave me with a sour taste in my mouth.

    One thing I do know is that current mainstream media distribution methods are horrible. Let's take a look:

    1) Television. Most any content consists of 30% ads. Even paid content can be costly (esp. in the US) b/c if you subscribe to a blanket movie network, you may find a competing one gets exclusive access to a certain studio's movies.

    2) Radio. I live in a city with a population in the millions. I am into electronic music and have a very hard time being able to find any at, say, 4 in the afternoon. Even when I do hear it it's during some "live-to-air" session where they're continuously plugging the club's name and how great the atmosphere is. Again, it's interrupted by huge amounts of ads. I know I'm not the only one feeling this way as I've heard the same kind of gripes for different genres.

    3) PC Gaming. I can't say how many games I've wanted to try and ended up purchasing due to a lack of a demo that ended up being terrible. It was even worse in the C-64 days, where a games' box art would have screenshots from the arcade rather than the C-64 screenshots. Ever play a demo of The Sims or Sim City 4000? Neither have I.

    All that said and done, it's not hugely traumatic, just a shift in lifestyle. Don't buy games unless they have demos or incredible word of mouth, be very stingy with how many times you go to the movies (or at least support directors/writers/studios who aren't just creating the next cash grab movie), try to find an internet radio station playing what you like.

    It's not like we're going to war here and lives are at stake. I could just go nuts and warez the universe, but spending even 1ms in jail just b/c I wanted to download Glitter to see if it REALLY WAS that bad doesn't seem worth it to me.

    I know someone can reply and say I have my head in the sand, but I think it's more a matter of picking your battles carefully.

  33. Re:Bluffing? by User8201 · · Score: 2, Interesting

    At lots of cafes and at many Universities, wireless internet access, which is available for free to everyone, and is anonymous, is becoming increasingly popular.

    If someone gives an IP address, date, time, and FastTrack user name, the school can't tell who the user is.

    Ta - da.

  34. Re:My favorite from the article by hardburn · · Score: 2, Insightful

    Don't forget, too, that the moral-high-ground this company takes is equally applicable to Pinkerton. When a company needed to break up a worker's union meeting around the 1900's, they'd call Pinkerton. The Mafia would have had these guys on their speed-dial, had the technology existed at the time. Founded by the same fellow who started the US Secret Service, who have a such a stellar record of civil rights abuses of their own.

    I find the Pinkerton analogy to have a beautiful double-meaning in the context of the above article. I haven't figured out yet if BayTSP intended it that way or not.

    --
    Not a typewriter
  35. Sony is one of the two studios... by Lyrrad · · Score: 5, Insightful

    Quote from the BBC article:

    Two of the industry's top seven movie studios have engaged the sleuthing services of BayTSP, but because of contractual arrangements they can't be named.

    A snapshot of illegal movie downloads by BayTSP's chief technology officer Evelyn Espinosa was revealing.

    "This is just over a few hours and I have almost 14,000 records with a variety of different titles ranging from Daddy Day Care to Anger Management and Charlie's Angels."


    Well, since Daddy Day Care, Anger Management and Charlie's Angels are all Sony films, Sony must be one of their customers.

  36. Damn spam by Bizaff · · Score: 2, Funny

    You know spam's getting to be too much when I see "Cyber Sl.*" and my mind immediately subs in "Cyber Sluts".

  37. If exclusive networks are the wave of the future.. by PeteyG · · Score: 4, Interesting

    Then call me Captain Kirk.

    At my university there's a Direct Connect hub run by an anonymous student that is accessible only by people in university IP addresses. It's crazy fast, has TONS of good (and quite illegal) media, and the university looks the other way because it helps relieve the MASSIVE (and expensive) bandwidth pressure back when everyone was trying to use Kazaa.

    Makes me want to live on campus until Freenet turns into AnonymousKazaa

    --
    no thanks
  38. Trusted P2P network by galgon · · Score: 2, Insightful

    These secret networks will only work if you know all of the members personally. If the members are letting in people they meet online then you never know if it is a RIAA cop or not.

    A solution to this problem would be a trusted network. The network would be setup in such a way that you can only download from people you trust, which should be only people you have met in real life and that you know does not work for the RIAA. You might be saying that this would make for a very small network. True, but each person you trust can allow people they trust into the network. In order to get files from these people or to even search these peoples files you have to go through your trusted friend. That friend would stream a download from a person that they trust to you and no identifying information would go along with it. It would look as though the file was on your trusted friends computer and you downloaded it from there. So you could build a huge network of people based on trust and you dont have to trust anyone that you do not know. The only people who ever come in direct contact with your files are people you know so there is no way of you getting caught. Assuming all the traffic is encrypted and this actually scales to a decent number of members it would be the perfect file sharing program.

    Anyone bored enough to build it?

  39. How wrong can you be? by WIAKywbfatw · · Score: 3, Insightful

    What I do in my own house (hard drive) is my business, and I don't want anyone peeking in my windows (ports) without my permission.

    Ahhh, the classic "what I do in my own house" defence. Presumably you think that within the privacy of your own home it's OK for you to do anything, regardless of whether society considers it legal or illegal.

    By that rationale, you're allowed to rape, torture and murder people without a care in the world as long as you do it at home. After all, it is your house.

    Please, stop living in a dreamworld and come back to reality. Just because it's your house it doensn't make you immune from the law - right or wrong - within it.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    1. Re:How wrong can you be? by peg0cjs · · Score: 2, Insightful

      you're allowed to rape, torture and murder people without a care in the world as long as you do it at home

      Don't be so assinine. The point he was making (if I can be so forward as to throw my own interpretation into the fire) is that if he shares his music collection "...in my own house..." he isn't breaking the law. And he's right...it's called fair use. That's a little fundamental right the RIAA has tried to translate into S-T-E-A-L-I-N-G.

      --
      Karma: Excellent (Mainly due to Bill & Ted's Karma Adventure)
    2. Re:How wrong can you be? by AbbyNormal · · Score: 2, Insightful

      True, but there are certain things that we are entitled to do in our homes with a "reasonable" expectation of privacy. (noticable a certain Texas law that was struck down by the Supreme Court a few weeks ago).

      The above example, while not directly related to the "fileswapping" argument, is pertitinent in that if you are doing something illegal, the "Justice" system has a process to follow to prove that you are breaking the law. They do so, so that your rights are protected and to make sure that they are not mistaken. It doesn't always work but it is significantly better than the RIAA breaking down the door and serving you a subpoena without due cause. What if you were swapping your own music? Have they discriminated the difference?

      --
      Sig it.
  40. Pinkertons?!?! by RustyTire · · Score: 2, Interesting

    Why on earth would you willingly compare yourself with what amounted to a legally sanctioned group of murderous thugs?

    If you want a good start as to who the Pinkertons really were read Howard Zinn's "A People's History of The United States." While Labor certainly had to answer for some of its own murderous thugs, the Pinkertons themselves were responcible for a rather large part of it.

    Frankly, I see many parallels between what's going on now with copyright and what happened years ago with labor.

    In terms of it's [file-sharing's] legality, just because the government and corporations say that something is illegal doesn't mean that it is. I am quite tired with people on the board dismissing the arguement to freely share files and information under fair use as whiny. I look at each and every file I share and each and every file I download as an act of civil disobediance.

    --
    I do not control the Sig, the Sig controls me.
  41. Then again, possibly not by burgburgburg · · Score: 2, Informative
    Since I posted here, an AC on Macslash posted what they claim is a portion of the Orchard contract:

    You grant to us throughout the Territory during the Sales Period the
    NON-EXCLUSIVE rights to sell, copy, sublicense, distribute and otherwise
    exploit any and all of your Recordings by any and all means and media
    (whether now known or existing in the future), including, without
    limitation, the non-exclusive rights to sell, distribute and otherwise
    exploit any and all of your Recordings throughout E-Stores including, but
    not limited to, those via the Internet, as well as all digital storage,
    download and transmission rights
    , whether now known or existing in the
    future.

    If this is an accurate rendering of (or materially similar to) the contract that Jody Whitesides signed back in the late 90's, then the sublicensing would seem to be legal (keeping in mind that IANAL).

  42. those private networks by Teunis · · Score: 2, Insightful
    were around before napster ever appeared.
    they'll be here long after the RIAA has gone bankrupt offending it's customer base - both public and musicians.

    This is just a stupid cry for attention from the newsies.

    What's with all the networks inventing new 'crimes' anyways? I thought that was decided by the law creation folks (whatever names they go by) and not the big-bellied lobbyists?
    (getting tired of those stupid 'satellite hacking' commercials up here in Canada. Last I checked reverse engineering and monitoring of PUBLIC broadcasts (such as satellite) was for the most part legal in Canada. Not that I care - I don't watch any TV)
    Our legal system wouldn't let a monstrosity like the DCMA survive from what I know. Ah well...

  43. Re:Bluffing? by innocent_white_lamb · · Score: 2, Interesting

    At lots of cafes and at many Universities, wireless internet access, which is available for free to everyone, and is anonymous, is becoming increasingly popular.

    The point is, though, that these things are not universally available and are not as convenient for the end-user to get to even when they are available.

    Most folks are more likely to download songs or make them available to others from the desktop computer in their home office or living room than they are from their laptop computer while sitting in Starbucks.

    That's the point, I think. Making the act more inconvenient equals having less people doing that act.

    --
    If you're a zombie and you know it, bite your friend!
  44. Huh? DMCA? by Avsen · · Score: 2, Insightful

    I'm sure this encryption-breaking is violating the DMCA somewhere (considering how broad it is)

    --


    Massive networking attempt for friends

  45. OMG My F*$&@# Record is on there!! by teamhasnoi · · Score: 2, Informative
    Uh. Wow. Here is my band from Mpls, the Lovejoys. I think that someone is going to have to get a kick in the head.

    You know, I don't care if its on P2P, but someone *selling* songs off my record is not fucking cool. I sure not getting any $$$ Orchard is NOT a label! It is/was? only for distribution. They have NO rights to this. This was paid out of our pockets. All of it.

    Hmm - this may make it to my journal...I've got some calls to make tonight. BTW - We have some CDs left (the band is no more), if you like the samples, email me and I'll get you a CD... might as well make lemonade... grrr. ;P

  46. Re:What exactly are you trading that's 50 yrs old? by MsGeek · · Score: 4, Interesting
    OK, now you got me started, Herr Kompressor...

    There are people who trade rare, hard to find (read: suppressed by the studios) cartoons. Most are indeed over 50 years old. Let me mention a few names. "Song Of The South." "Coal Black and De Sebben Dwarves." "Tin Pan Alley Cats." "Uncle Tom's Cabana." "Herr vs. Hare." "The Blitz Wolf." "Tokio Jokio." "The Japoteurs." etc. etc. Most have either politically incorrect stereotypes and/or inflammatory anti-German or anti-Japanese content that was part of popular culture during World War II.

    From a cartoon historian's standpoint, this is all stuff that should not be suppressed. Maybe it should also not be shown to impressionable children, as well -- at least without an accompanying history lesson as part of the deal. But not everyone who is interested in animation is a kid. Some of us are adults. And it is the adults that are being denied by the embargo on certain politically incorrect cartoons.

    And as far as creative people having their food stolen: the screenwriters and songwriters and musicians whose "rights" are supposedly being "protected" by the RIAA/MPAA Sturmabteilung are also systematically being raped up the butt, no Crisco offered, by the same Big Media companies that the RIAA and MPAA actually represent. A recent post I made in my Slashdot blog is all about this.

    Moreover, my husband is a musician, who has seen things from both the side of the struggling, unsigned musician and the exploited, swindled musician signed to a contract which in other businesses would be laughed out as being horrifyingly one-sided and biased towards Management. He is now beginning to release all his back catalog of music that he himself owns copyright and publishing on, for free, on the Internet. The only strings attached are that he'd like people to talk to him if they want to either put a song of his on a retail compilation album or use one of his songs in a movie or TV show. If you want a look, here is the link: http://www.richiehass.com/. Why is he doing this? Because his gamble is that once people get acquainted with his back catalog, when he finally gets an indie CD of new stuff done and up on CD Baby people will be sufficiently interested enough to buy it.

    The actions of the RIAA and the MPAA are the actions of frightened Luddites fearing the loss of their livelihoods. As history shows, when old industries die, new ones spring up to take their place. The economic models that have supported musicians and other types of artists over the millenia have shifted considerably. They will likely shift again with the flow of technology. Like the song goes, "It's Evolution, baby." Adapt or die.

    --
    Knowledge is power. Knowledge shared is power multiplied.
  47. Re:Bluffing? by Frailty · · Score: 4, Insightful

    I think the RIAA is trying to plug a Titanic sized leak with dish towels. They are not going to be able to stem the flow of files across the web. Rattleing their sabers will not get them very far. I would conclude that we will see a percentage of people dump their connection to the big services, and erase all their swapped files. Then there will be those who sit tight, and weather the storm in rebellion, and then there will be those who find the way around the wall. With all due respect to those corporations who aid the RIAA in there failing crusade, I hope they are being paid well, because this crusade will eventually fail. Personally I don't participate in file sharing, but I can remember the days of buying a tape (ooops did I date myself?) and making copies for my friends. Just like trying to make CD's copy-proof, technological inginuity and rebeliousness will overcome. Technology is progress, and with progress comes winners and losers. Here the winners will eventually be consumers and artists, the losers will be the RIAA and it's allies. Stand clear when those big ones fall.

    --
    " My next house will have no kitchen - just vending machines and a large trash can. "
  48. Not doing anything new by hether · · Score: 2, Interesting

    From this Sept. 2002 PBS article on BayTSP

    One thing BayTSP's spider programs don't do is sit at the Internet peering points sniffing all packets as they go by. "That would be wiretapping, which is illegal," he says. "All we do is go to the same places any user could go, look at the same files anyone else could look at, and we only probe the ports on your computer that you have made public."

    The BBC article acts like this is some new big deal, but it's exactly the same thing they've been doing since at least September last year. I think they've spun the article to make it seem a lot worse than it is. Perhaps the only difference is that they have more clients demanding the info now, or that they've decided to prosecute people at a lower level of infringement?

    --

    Most people would die sooner than think; in fact, they do.
  49. What's wrong by plion · · Score: 2, Interesting

    I agree that downloading songs for free is not always right. But what if the only other option is living forever without listening to that music because you just can't afford it. Don't you think it is logical to do this when the only other option is to live without. Afterall, you ae not hurting the recording companies/artists anymore than you would by not buying it. Ofcourse, all this argument assumes that you can honestly gauge whether you can afford to buy i. But if you CAN honestly do this?

  50. You may well be not correct. by Uncle+Gropey · · Score: 2, Insightful

    Nah, real musicians would still do it for free then, with free software like Pro Tools and Cakewalk. Then they would promote their music with web pages made with other free tools like Flash MX, DreamWeaver and Photoshop. (Well, all that stuff is free when you have KazaA and Gnutella)

  51. Not really by chriso11 · · Score: 4, Informative

    The "there'll be no music" arguement is complete BS. Before modern copyright law, people made music. Creative people will draw, sculpt, and make music independent of copyright law. Creating art is something people do. The only thing that copyright law produced was 1)RIAA/MPAA, and 2) pop stars. Maybe you think that there are not enough N'syncs, but I for one think one is too many.

    If you look at the contracts that most musicians sign, you will see that they are exceptionally one-sided. So, while the musicians ARE getting screwed by p2p, the real losers from p2p are the record labels. And frankly, I don't have much compassion for record labels.

    I also want to mention the Lifetime + 70 years copyright length. I think that the RIAA/MPAA are trying to keep the public domain as empty as possible, in the hopes that the public domain withers away. Yet the corporations will take as much from the public domain as possible (e.g. The League of Extraordinary Gentlemen)

    --
    No, I don't trust in god. He'll have to pay up front, like everybody else.
  52. Re:Bluffing? by Anonymous Coward · · Score: 2, Funny
    Join RIAA Today!

    RIAA (RECORDING INDUSTRY ASSOCIATION OF AMERICA) is the first organization which gathers royalties on behalf of artists from all over America and abroad for one common goal: MAKING MONEY.

    Are you MUSICAL?
    Are you a MUSICIAN?
    Are you a professional MUSICIAN?

    If you answered "Yes" to any of the above questions, then RIAA (RECORDING INDUSTRY ASSOCIATION OF AMERICA) might be exactly what you've been looking for!

    Join RIAA (RECORDING INDUSRY ASSOCIATION OF AMERICA) today, and enjoy all the benefits of being a full-time RIAA member.

    RIAA (RECORDING INDUSTRY ASSOCIATION OF AMERICA) is the fastest-dying RECORDING INDUSTRY community with THOUSANDS of members all over United States of America. You, too, can be a part of RIAA if you join today!

    Why not? It's quick and easy--only 2 simple steps!

    • First, you have to obtain a copy of a copyrighted song from kazaa and tell us the screen name and IP address of the person offering the download.
    • Second, you need to support us whilst we sue 12 year old kids and unemployed old folks on your behalf.

    If you have mod points and would like to support RIAA, please moderate this post up.

    This post brought to you by a proud member of RIAA

    | __________________________________________________ _____ |
    | ______________________________________._a,________ _____ |
    | _________________________.P2P._____aWY!400._______ _____ |
    | ___________()___________#!-_P2P___.#!__W#0#_______ _____ |
    | ___.p2p._____,_________j#,__#P2p___*P2P!_"#L,_____ _____ |
    | __#g____`_____#0_______"4Lj#!_4#g_________"01_____ _____ |
    | __oe___________*@_____________-!^_________________ _____ |
    | ___lk___________{$________________________________ _____ |
    | ____mw___________/P_______________________________ _____ |
    | _____er___________________________________________ _____ |
    | _________(c)_RECORDING_INDUSTRY_ASSOCIATION_OF_AME RICA_ |
    | __________________________________________________ _____ |

    Lameness filter encountered. Post aborted! Reason: RIAA suck more than GNAA.

  53. thankfully... by tolan-b · · Score: 2, Informative

    i was pleased to see the bbc related links included this balancing (if unfortunately titled) article: http://news.bbc.co.uk/2/hi/entertainment/3022996.s tm

  54. Re:What exactly are you trading that's 50 yrs old? by Have+Blue · · Score: 2, Insightful

    Please explain the grounds for the inalienable right to suppressed cartoons.

  55. I think The Constitution said it best: by pb · · Score: 2, Informative

    Article I, Section 8. The Congress shall have power [...] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
    Also, here's some discussion on the issue.
    --
    pb Reply or e-mail; don't vaguely moderate.
  56. Why do you sound so much like a RIAA stooge? by alizard · · Score: 2, Informative
    Please try to describe in instance where distributing copyrighted material without the copyright holder's permission is 'right'.

    Easy.

    FM broadcast usage... it's called mandatory broadcast licensing.

    Analog tape recording and swapping, legally defined as "fair usage".

    Why is the digital equivalent (128K MP3 via P2P) of taping and tape trading illegal?

    Campaign contributions aka legal bribery to elected Federal officians. If you want to construct some great moral principle out of this, be my guest. But don't expect to be treated with respect for expressing your viewpoint.

    Even if you are being paid to spread RIAA propaganda here via some anonymous PR firm, you really can't expect respect for that even from the people who sign your paycheck.

    If you're saying this because you actually believe *AA propaganda about "protecting starving artists", you're too dumb to deserve respect.

  57. Re:What exactly are you trading that's 50 yrs old? by Alsee · · Score: 2, Informative

    You would have to share more than that one file.

    Incorrect;

    Sec. 506. - Criminal offenses
    (a) Criminal Infringement. -

    Any person who infringes a copyright willfully either -

    (1) for purposes of commercial advantage or private *financial gain*, *or*

    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of *1 or more* copyrighted works, which have a total retail value of more than $1,000


    Since they redefinded "financial gain" to include downloading files from P2P you are in criminal violation by of (1) by sending a single copy of a single file. The punishment for this crime is specified in Sec. 2319. A single copy of a single file with a "total retail value" of one cent shall be imprisoned not more than 1 year.

    If you send a single file multiple times a five year prision term may apply, and 10 years on a second offence.

    The penalty for file sharing (and the threshhold for criminal charges) is based on damages.

    Nope,. There is a threshhold for the number of copies and supposed retail value, but actual damages can be zero. If I send 10 copies of a program to PC users who then discover the program only runs on Mac and they all delete it then there is a prison sentence with actual damage of zero dollars.

    Many /.ers don't believe that file sharing causes damages

    Setting aside what other people think, I think I mentioned my view elsewhere to you. Copyright law was intended to secure any profits of the exploitation of a work for the creator. Copyright law does not exist to force any particular market to generate a profit.

    I'm all in favor of "traditional" copyright law. Copyright law has drifted FAR away from its original intent, and in the last few years it has been altered in severly abusive ways.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.