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RIAA/MPAA vs. xMule Author, EarthStation 5

Two bits of news in the ongoing battle between the RIAA/MPAA and the rest of the internet: One P2P company, apparently based in Palestine, has thrown down the gauntlet to the movie industry. Meanwhile, a developer of another P2P tool who unwisely chose to live in the USA has been shut down (mirror) by the RIAA.

14 of 1,107 comments (clear)

  1. Full text of article by mskfisher · · Score: 5, Interesting
    He mentions having reached 90% of his bandwidth allocation for this month, so I would guess a Slashdotting wouldn't help things.
    Here's the full text of the article, to hopefully stem some of that tide.

    Today's Featured Article I've been personally shut down...

    Thursday, August 21 2003 @ 12:46 AM CDT
    Contributed by: Un-Thesis
    Views: 788
    Apparently I have been subpoenad, personally, on 8-17-2003 by an as-yet unknown entity under the DMCA clause, because of xmule, when it went on to gov'ment radar w/ the e-matters.de alert :P The subpoena lasts, suposedly, until Dec 6, when i must stand infrotn of a federal appellet court

    100% of My job is online
    100% of My school is online
    100% of My friends are online
    100% of My hobbies are online

    and if i can't use a comptuer at all, they might as well put me in a federal
    prison taht allows me to read and purchase any book i want...

    As of 7:43AM MST (-7 UTC) my personal internet connection was shut down due to "unacceptable use". It took me 6 hours to finally contact my ISP customer support, a local cable modem provider, because they were swamped with MSBLASTER calls.

    I was redirected to a 1800 number who redirected me to some other number, etc, until i finally reached a federal clerk's office in Washington, D.C. who informed me that it *seems* as though I have been personally subpaened by the USA Gov'ment on behalf of the RIAA. They told me that they were limited in their search for information due to the late hour (8PM EDT (-4 UTC)), but that the prosecuting body that issued under hte auspicies of the DMCA and NOT in the same category as the other 8,000+ copyright violation affidavits issued by the RIAA in recent months.

    Additional bad news: xmule.org has reached 90% of its allocated monthly bandwidth. It is the 19th. I am very incapable of rectifying this decision w/out knowledgeable outside assistance in the United States (due to telephone communication required). If you can help me set up the other webserver, please contact me at 520-296-3408.

    Unless DRASTIC action is taken within the next 48 hours, or my internet connection is restored, xmule.org forums will be permanently shut down until the bandwidth issue can be resolved.

    Supposedly, the subpaena was filed on 8-17-2003. For those that know, the e-matters.de published xmule ni its security bulletin, thus, probably, raising us to teh level of teh RIAA's notice for the first time. Since I am the only american developer, and since i am really the only main developer, it seems they struck at the source.

    I have not received written or otherwise announcement of the subpaena, and i still do not know the ramifications of my injunction. I may be able to use dialup or even DSL, cable is certainly out, or I may be completely barred form teh internet (this message might be illegal)

    At this point i *know* i will need to hire a civil rights attorney, and if I am not liable to a prison sentence, then I might be able to leave the United States to either Mexico or Canada, at which point i will also need money to relocate...So any donations are greatly appreciated. PLEASE use the Amazon donation box, since it requires no online access by me, while paypal erquires a connectino.

    I wont' know what my options are until some time tomorrow or later. Development of xMule seems to be the most likely target of me, since I have downloaded very little copyrighted material over the last, o, 6 months. I figured that before i found out i was banned completely from the internet i would send this mesasge...

    Keep it real...weclome to the Fourth Reich of Amerika.

    Un-Thesis
    --
    0x0D 0x0A
  2. Copyright treaties in occupied countries by dowobeha · · Score: 5, Interesting
    OK, so here's a question for you....

    Most countries are signatories to one or more copyright treaties that commit them to recognizing and protecting international copyrights. They are therefore more or less prohibited from allowing the explicit breach of copyright declared in this PR release.

    But who is responsible for enforcing copyright in an occupied country? Palestine has been recognized by the UN as an occupied territory, with Israel as the occupying power. With little real power, is the Palestinian Authority still supposed to enforce copyright restrictions? Or is that for Israel to do?

    The same situation would apply, I assume, in Iraq. America is the occupying power, so I would think the same criteria should apply as in the Israel/Palestine situation. There is no true Iraqi government to enforce copyright, but on the other hand it seems a bit absurd to think that American laws should govern Iraq.

    Interesting situation....

    --
    I am concerned about any program, any piece of hardware, any treaty, any law that treats me as a consumer, not a citizen
  3. Nope.. by fault0 · · Score: 5, Interesting

    Their company page (http://www.es5.com/company.html) says:

    "Our group is made up of many people, Jordanians, Palestinians, Indians, Americans, Russians and Israelis. Some of us are Jewish, some Christians, some Hindus and other of us are Muslim.

    Believe it or not, we all love and respect each other.

    We all work and play together. Our families on many occasions eat at the same dinner table. We trust each other and are very close friends with each other. As a group, the most important thing in our life is our children, our families and love ones and of course our friends. "

  4. probably hoax by guybarr · · Score: 4, Interesting


    I'm not a speaker, but AFAIK "Ras Kabir" is arabic for "large head"
    definately a pseudonym.

    What's more, with the fighting in the west-bank over the last two years,
    I doubt that people there had time to run any OS project, let alone one with "15 million active online users" cocurently. Especially entertainment-oriented.

    This "declaration of war" is probably a hoax, and I wouldn't be surprized if kooky conspiracy-theories actually turn-out true in this case ...

    (BTW, I'm not much of a speaker, but AFAIK "Ras Kabir" is arabic for "large head" definately a bad pseudonym )

    --
    Working for necessity's mother.
  5. Nice sentiment (BIG) BUT (/BIG) by Chas · · Score: 5, Interesting

    Not that I'd de-advocating this sort of stance. I'd really prefer that my money not go to these money-grubbing [NAUGHTYS].

    But think on this for a second. These idiots don't even have a NODDING acquaintence with common sense, or even REALITY. All they'll see, and yammer about, when sales plummet is "It's filesharing!" "It's texting!" "It's freedom of speech!"

    No matter what, they're utterly incapable of believing tha that their sales dropoffs are actually due to:

    1. Death of dinosaur markets, resulting in a narrowing of profit vectors.
    2. Death of niches no longer favored by the consumers, resulting in FURTHER narrowing of profit vectors
    3. A tighter, more fiscal-necessity-oriented economy
    4. The decreased efficacy of marketing and promotion in a society that has "peer" review instantaneously available on a global telecommunications network.
    5. An market already HIDEOUSLY bloated by a massive amount of content being released
    6. Alternative forms of entertainment competing for the consumer dollar in said economy
    7. The shoddy market research which results in the greenlighting of...
    8. A growing preponderance of "crap" product being shoveled out to the public which then DON'T get consumed. Tying up resources as product languishes on shelves. For the distributor, the point of sale, and the artist.

    Need I go on?

    In short, no matter what people do, or do not, buy, the likes of the MPAA and the RIAA will merely blame-shift so they don't have to accept responsibility for their own [NAUGHTY]-ups.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:Nice sentiment (BIG) BUT (/BIG) by enjo13 · · Score: 5, Interesting

      Your wrong, kind of.

      The MPAA and the RIAA are quite aware of why they're not making money. They don't truly beleive that filesharing and text messages are killing their business. The people running these things are many things, but stupid is not one of them.

      What they are really interested in is providing the perception of being victims. They are hoping to use this perception that they are failing at the hands of college-age criminals in order to garner anti-competitive protections for their business. Even if they may be making less money than before (is that even true?), media remains a TREMENDOUSLY good business for established players. By establishing themselves as victims, they can prevent new distribution channels (like P2P) that they can't control from allowing new competitors to emerge.

      In the end, that's what this is about. The Theater->Video->Tv chain is a tightly controlled one for the members of the MPAA (the RIAA has similiar in CD->Radio). When indepednent film makers can start to distribute quality work over alternative distribution channels it is in the best interests of these companies to shut them down.

      One thing to consider.. if the RIAA wasn't seen as the victim of 'stealing' on Napster, does the DMCA even get passed? I doubt it.. Much like the airline industry bail-outs. Without 9/11 the Airlines would have a much more difficult time getting money out of our government, but since they are seen as 'victims' of the increased fear after 9/11 it is much easier for them to get these kinds of concessions.

      These laws are not born out of hatred for the American consumer, but generally on really wanting to do the right thing. After all, if the MPAA is being stole from then we should do what we can to fix that. The problem is, our representatives are having trouble seeing the difference between justice and manipulation.

      --
      Turn s60 photos into awesome videos with mScrapbook for all S60 3rd edition phones!
  6. I'm very impressed with ES5... by heironymouscoward · · Score: 4, Interesting

    1. Wonderful press release, kick the MPAA/RIAA where it hurts.

    2. Web site not slashdotted.

    3. 40kb/sec download of the software. Exactly what kind of net pipes do they have running into Jenin? Maybe download.es5.com is located somewhere else...

    4. None of this "we're just technology providers" bullshit. No, this is theftware at its best. Hey, the US has paid billions to help the Israeli state bomb the Palestinians into the stone age, it's not surprising there is not huge local support for US "intellectual property".

    The software was apparently developed in Russia, financed by Arab and Israeli businessmen. It appears to use UDP rather than TCP/IP, which is a neat idea when you are sending redundant chunks of information around, and SSL for security, which may or may not be really secure.

    The whole thing may be a hoax, I am downloading it to a test machine to try right now.

    At last, someone with the guts to sock it to those bums at the MPAA and RIAA. Yeah!!

    --
    Ceci n'est pas une signature
  7. Re:It's Idiotic. by Dunark · · Score: 5, Interesting

    ...Yes, Hollywood DOES have the right to make money. ...

    No they don't. They have the right to TRY to make money by making movies that people want to see. They have no right to expect a profit if they make crap, no matter how much they spend making the crap.

  8. Yup by Andy+Dodd · · Score: 5, Interesting

    Used CDs:

    a) Are cheaper
    b) Don't send money to the RIAA

    I haven't bought a new CD in many years. I have bought used though.

    half.com rocks.

    --
    retrorocket.o not found, launch anyway?
  9. They aren't anti-MPAA and Anti-RIAA by Trigun · · Score: 4, Interesting

    They are anti-establishment. Their software is the epitome of ideals held by hackers everywhere.

    From the article:Earthstation 5 also has a FREE multi-user Voice and Video chat system,
    FREE Dating system, provides FREE video streaming of first run movies, FREE
    ten SEX channels, FREE live Sporting events, and will be releasing soon a
    Voice over IP application providing FREE local and international telephone
    calls to its users to communicate with each other.


    They are attacking the old bricks-and-mortar businesses, in an attempt to force them to change their ancient business practices. And good for them! Information wants to be free, but content doesn't have to be. These companies had better start releasing their music/movies/services to the unwashed masses in a proper and timely manner or people are going to do it for them.

  10. Re:Not that it needs to be said, but by Jaysyn · · Score: 5, Interesting

    That's what happens when 2 groups of people argue over imaginary friends.

    Jaysyn

    --
    There is a war going on for your mind.
  11. Stealing stolen movies from ES5? by JoeShmoe · · Score: 5, Interesting

    For the "sake of curiousity" I decided that I wanted to check this site out. Particularly the claim of providing first-run movies (I'm not interested in wasting my money on The Hulk...hey I got the text page telling me it sucks, remember?). I don't know if it's the bandwidth constraints of refugee camps or the serious slashdotting but the movie stop for two minutes of buffering just about every 20 seconds.

    Frustrated, I whipped out my trusty copy of ASFRecorder. Imagine my surprise when it failed to connect! First time that has ever happened to me. So I whipped out my trusty backup copy of ASFRecorder that was recompiled with a Windows Media Player User-Agent string. That didn't work either! This was bizarre. I'm watching the video play right now (albeit poorly) in WMP but ASFRecorder with the exact same user agent is getting connection closed. I try HiDownload, again, failed, even with the same agent string! What is going on here?

    The entire thing is SWF based so I download an evaluation copy of SWF Scanner and decide to see what URL I'm actually going to. Low and behold, what is this?


    on (unLoad) {Get URL("mms://stream.es5.com:1755/es5/movies/The%20Hu lk-384.wmv" , Target = "")


    What the hell is with that blank "target" paramenter? Can anyone explain that? I have a feeling that is the problem. ASFRecorder only takes a URL, there is no place to specify a target. Ditto for HiDownloader and Windows Media Player. I confirmed that if I type the stream location into Media Player, it fails to connect. But, if I make an ASX file that links to the stream and includes the blank "target" parameter, it works!

    Okay, now it's gone beyond trying to see if The Hulk is really as crappy as everyone says. This is a mystery, and I'm hoping someone here can figure it out.

    In short, streaming file plays in Windows Media Player but it seems impossible to capture this stream using any of the tools available. Is there a solution? And why would these boneheads at war with the RIAA/MPAA bother to sabatoge downloads to begin with?

    - JoeShmoe
    .

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
  12. Re:Not that it needs to be said, but by Fizzlewhiff · · Score: 4, Interesting

    I've been boycotting the music industry since 1996, not because of the RIAA, but because I don't care about music enough to buy it

    That's not a boycott. That is just you making a choice. It is the same as me, a non-smoker, saying I have boycotted the tobacco industry. If you're not in the market and you don't buy then it is not really a boycott is it.

    We can argue all day that the music industry sucks and the bands all suck but when the bands sell out concert venues in 30 minutes then someone must like them. But why aren't their CD's selling? In 1983 I'd pay full price for a Billy Squire tape for a couple good songs. In 2003 I don't have to. Is P2P to blame? Hell yes. It might be hard to prove using sales figures. You can't look at a pile of receipts and figure out why there are more or less but when you look around at the popularity of P2P, the volume of files online, and the volume of comments HERE and other places as to why people trade there is your proof that P2P is hurting the industry.

    This post will probably be modded as troll or flamebait but it is pretty close to the truth.

    --

    'Same speed C but faster'
  13. Re:Precedent against this sort of suit by Skye16 · · Score: 4, Interesting

    Also, you do realise that violent crime in your country has dropped year on year in the last 10 years? So why exactly do you need all this weaponry?

    I could care less about having a gun for my personal civil protection. The chances of me getting to a firearm before a criminal shot me are next to nothing. But the fact of the matter is, we don't trust our Government. That's why America was founded with so many checks and balances; one of which being the people shrugging off a tyrannical government. I believe it was either Jefferson or Washington who said that it was essential for a people to revolt every so often so as to keep the government clean and honest. I don't know that I necessarily agree with that, but the truth is, we want to have the ability to protect our rights (if it ever came down to it.)

    That is why I believe in the 2nd amendment. I don't care that it's a sport, I don't care that it "protects" people from criminals (which I don't believe justifies the many more deaths as a result of illegal gun violence each year). I just want to make sure that, if it ever came down to it, I, or my children, or my children's children would have the means to do what they need to do if the situation were to call for it. I don't mind gun control. I'll lock my guns up in 3 safes and bury them if I have to. But I want to have access to a firearm if it were needed.

    Paranoid? Probably. But I'd rather be safe than sorry. Like someone else stated: I value my liberty over security. The Patriot Act, gun banning, etc, etc, while potentially keeping me safer draw perilously close to trading my freedoms for a little more "safety".

    I'd rather be free and fighting (or dead) than safe and a slave.