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Google Wins the Filesharing Wars?

The Importance of writes "Compulsory licensing schemes such as those proposed by the EFF have been critiqued, but now LawMeme has an interesting article that claims Google will win the filesharing wars if a compulsory license is adopted."

200 comments

  1. Off-topic, but indicative by Pig+Hogger · · Score: 5, Funny
    Yesterday in the subway, there was a man reading a newspaper written with about nothing but chinese characters.

    There was a word written in roman script, though, which I understood.

    The word was GOOGLE...

    1. Re:Off-topic, but indicative by LeoDV · · Score: 1

      Is it some kind of Chinese dish? ;-)

    2. Re:Off-topic, but indicative by Anonymous Coward · · Score: 2, Interesting

      Probably the full title was "Google Still Being Censored".

    3. Re:Off-topic, but indicative by PetWolverine · · Score: 2, Funny

      The word was GOOGLE... ...and it was good.

      --
      I found the meaning of life the other day, but I had write-only access.
    4. Re:Off-topic, but indicative by HiThere · · Score: 1

      Be sure you have mirrors. Canada is a lot closer than Norway.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    5. Re:Off-topic, but indicative by BjornStabell · · Score: 1

      I thought Google was Tian1 wang3 in Chinese? :) See: http://e.pku.edu.cn/ (The service used to look even more similar to Google before.)

  2. What's that you say? by CaptainAlbert · · Score: 4, Interesting

    Compulsory licensing, eh? What's that when it's at home?

    Perhaps I haven't been following closely enough, but exactly who is to be compelled to license what, from whom? Is this a big license signed between big companies, or a little license signed by people who listen to music, or those who make it, or just those who download it, or is it a shrink-wrap license like you get with software? Is it free, or does someone pay for it? Who? How much? What does it all mean? Am I the only person who doesn't know? PLEASE MOM, I WANT TO KNOW? WHY? WHY?

    Ahem.

    --
    These sigs are more interesting tha
    1. Re:What's that you say? by !the!bad!fish! · · Score: 5, Informative
      From EFF Makeing P2P Legal
      The first American compulsory was adopted when the music industry fought the Napster of 1909: the player piano. Sheet music publishers claimed that the creation of piano-readable sheets was against the law and that they should have the right to monopolize the booming piano roll industry. Congress disagreed and instead crafted a compulsory license that paid recording artists while protecting the new technology. Today, this license allows bands to record (or "cover") another band's song (so long as they've paid the $.08 per copy of the recorded track).
      --
      Kids today are tyrants. They contradict their parent, gobble their food, and tyrannize their teachers. - Socrates 400 BC
    2. Re:What's that you say? by SmallFurryCreature · · Score: 5, Informative
      I think it is something like the TV license. Not sure if the rest of the world has it so I will explain.

      In England and Holland you have to pay a license fee to the goverment (well a subset of it) for each receiver. It was originally a sum made up out of the number of radios, bw tv's and color tv's you had. Later this was simplified at least in holland.

      From this license fee the programs were funded. In england this is the BBC who own a couple of stations and are required by the law to supply programming to the intrest of the nation. In the netherlands we have license holders who according to the number of members they have, membership fee is about 5 dollars last time I checked, get a number of hours to fill on the various radio channels and a amount of slots on the tv channels. In holland they also get income out of advertising. England doesn't have ads. Hmmmm adfree simpsons.

      Because you need to pay the license fee on the basis of owning a receiver, not based on actual consumption you can say it is compusery. When the original home computers came out they used ordinary tv's, with receivers for their displays. This of course meant a hike in your license fees despite the fact that you did not watch any tv with them.

      On the other hand the fee was hardly gigantic and it ensured that tv was of a reasonable quality. BBC programs are known around the world for their execellence (no I don't mean their news service). Dutch programs slightly less because of the language barrier nonetheless they used to win international prices routinely.

      Plus it assured a restrained amount of ads. They are only allowed between programs. Plus programs are thightly regulated on things like sponsoring.

      Okay now I explained tv licenses. You may have heard of the BBC director proposing to put all their content on the net. You see because it is a semi-goverment company paid by the citizens according to written law you could say that these citizens have paid for the creation of the content and therefore OWN the content. So copyright in this case becomes far less of an issue. Even more because the BBC can rely on its income from the licenses it doesn't rely have to worry about how the content it creates is watched. No ranting about people not watching the ads, like fox did, because there aren't any. No ranting about people recording eps, in fact they have several time olds series they lost but they found copies made by viewers, and then sharing them because as long as their is a tv involved they paid to view the content.

      In holland we stopped the license fee since it was suggested that everyone owns a receiver anyway. So it is now collected through regular taxes. So it can be reasonably argued that any program is taxpayer owned.

      So their are some clear benefits to doing it this way. Sure americans probably hate it but they are a silly bunch anway.

      So why not use something similar for other content? Well the BBC is a monopoly, they get the all the money and they decide what to make with it. Of course there are all kinds of bounds and checks but a monopoly it is.

      In holland we got competition between license holders. Currently one license holder BNN is having an ad campaign to get more people to become members of them. They need X amount of members to get Y amount of tv/radio hours. The bigger you are the more and better hours you get. Although there are some minority stations that get some according to intrest group.

      But how would you do this with music? There is a lot of different companies. How would you decide how to distribute the money?

      But I think that a compulsary license would work something like what I described above. In any case at least for TV it has been proven to work.

      On the other hand we also have a different compulsary license in holland. Each DVD recordable has a .50/1.00 euro tax (depends on if it is + or - format) attached. Yes you read that right. The money goes to the movie industrie to compensate them for illegal copies. Of cour

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

    3. Re:What's that you say? by bbbbblustery · · Score: 1

      then i don't understand why my country has compulsory tv license, yet have ads during the programs =\

    4. Re:What's that you say? by turnstyle · · Score: 1
      "exactly who is to be compelled to license what, from whom?"

      It's just that sort of question people should be asking! I just wrote an article for Salon about the rhetoric and it was published simultaneously with a response by the EFF.

      If you're not a Salon subscriber, you can click the free 'day pass' link for the full articles.

      By coincedene, LawMeme also reacted to the pair of articles on Salon.

      I'd like to hear more specifics about alternative systems *before* I decide that they're any better.

      --
      Here's what I do: Bitty Browser & Andromeda
    5. Re:What's that you say? by Anonymous Coward · · Score: 1, Insightful

      Today, this license allows bands to record (or "cover") another band's song (so long as they've paid the $.08 per copy of the recorded track).

      But somebody can still prevent covers. At least Megadeth had a big hullabaloo with somebody about their cover of the song "These Boots" (known best as a Nancy Sinatra song, written by some other dude). Who's the somebody, I don't know . . .

    6. Re:What's that you say? by SiliconEntity · · Score: 1

      Perhaps I haven't been following closely enough, but exactly who is to be compelled to license what, from whom?

      The compulsion in "compulsory licensing" is against the copyright holders. They are compelled to license their creations on terms specified by the government. (Of course, in practice their lobbyists play a major part in setting the terms, so the content industry isn't exactly a victim.) This is what allows public performances of copyrighted music, as long as royalties are paid according to the government-defined schedule. See USC Title 17 for how compulsory licensing works for recorded music.

    7. Re:What's that you say? by op00to · · Score: 1

      Apparently reading comprehention is hard for you. Let's do this the easy way:

      If the TV station relies on TV Licensing for income, it is sort of annoying to then have to watch advertisments for something that you have already sponsored. The TV station has YOUR MONEY from your TV License. They shouldn't have to "make the money back again", because your licensing fees have paid for this programming. It's like paying twice for one program.

    8. Re:What's that you say? by Snaller · · Score: 1

      PLEASE MOM, I WANT TO KNOW? WHY? WHY?


      It's another way for lazy bums to keep making money for not or little work.

      --
      If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    9. Re:What's that you say? by Cunk · · Score: 1
      Why the hell would you pay for a tv station?
      Especially a TV station like MTV. Oh, wait...
      --

      I am the inventor of the hilarious refrigerator alarm.
    10. Re:What's that you say? by singleantler · · Score: 1

      SmallFurryCreature gives a good explanation of what a TV license is. Currently in the UK it costs GBP116 (about US$185) a year. For that there are two TV stations and 5 national radio stations, all with no adverts. They also have a clutch of extra digital TV and radio channels you need a digital receiver of some kind for (set top box and aerial, or paid for cable/satellite service.)

      Oh yes, and it also pays for the BBC website, which considering how much I use it is almost worth the license fee on it's own. Recently there has been discussion of why the BBC site is available to the rest of the world for free and with no adverts, considering the bandwidth bill is coming out of the UK license fee payers pockets. They've been trialing some code to tell where in the world you're viewing it from, so I'd guess they're going to serve adverts to non-UK visitors at some point.

      The general idea behind keeping the license fee is to ensure a certain quality of programming and that educational programs get made. The quality of BBC shows at the moment isn't as high as it used to be, but compared to almost anything except the best American imports (ER, West Wing, some comedies, etc) it still holds up well. It's certainly better than our commercial stations (we have three, but can only pick up two in many areas like mine) - I only watch the station 'ITV' once every couple of weeks for the Formula One races.

      --
      "What if they're using IE?" "I've dumbed Mozilla down to cope with it." - BOFH
  3. blablabla by platypus · · Score: 1, Insightful

    Sorry, but the article writer is a dumbass

    However, if filesharing becomes legal through a compulsory license, what is the purpose of the Gnutella-based software anymore?

    Sharing bandwidth, perhaps?

    1. Re:blablabla by Anonymous Coward · · Score: 0

      Actually if you want to get really specific, the purpose of Gnutella-based software is to suck the big one, long and hard.

    2. Re:blablabla by Anonymous Coward · · Score: 2, Informative

      He means Gnutella, a decentralized network, will give way to a faster, more efficient centralized network, such as Napster, and the RIAA and friends can't sue because of the licence.

      Bandwidth is (or should be, turn uploading on leechers) shared on any network. Just the who gets what and where is centralized.

    3. Re:blablabla by wirah · · Score: 1

      It's for trading kiddie porn of course! Ask congress or the RIAA if you don't believe me...

    4. Re:blablabla by SmallFurryCreature · · Score: 3, Informative
      RTFA, it is because Gnutella is designed to be de-centralized. This is needed to avoid being targetted by dimwitted judges. If you no longer need to fear them you can go back to the centralized method that napster used and for that matter bittorrent.

      Gnutella and its ilk are a nightmare on searching. They consume an awfull lot of bandwidth on the protocol not on the actual exchange of files. For the moments that is how its got to be. But it is not efficient.

      Oh and filesharing is legal people. It is copyright violation that you can at the moment be sueed for.

      --

      MMO Quests are like orgasms:

      You may solo them, I prefer them in a group.

    5. Re:blablabla by platypus · · Score: 1

      RTFA, it is because Gnutella is designed to be de-centralized. This is needed to avoid being targetted by dimwitted judges. If you no longer need to fear them you can go back to the centralized method that napster used and for that matter bittorrent.

      And still the bandwidth (and processing power) you need for running the central database is quite expensive (note: that's why you can't compare bittorrent to napster, it just isn't centralized in the same way, and it solves the big-expensive-central-server problem.). Decentralized networks (including bittorrent following the reasoning above) are the only possibility way to do filesharing organized only by hobbiists, and that's why they will prevail.

    6. Re:blablabla by DOsinga · · Score: 2, Insightful

      And still the bandwidth (and processing power) you need for running the central database is quite expensive (note: that's why you can't compare bittorrent to napster, it just isn't centralized in the same way, and it solves the big-expensive-central-server problem.). Decentralized networks (including bittorrent following the reasoning above) are the only possibility way to do filesharing organized only by hobbiists, and that's why they will prevail.

      Well, that is the point of the article. Once compulsary licensing allows anybody to setup bittorrents (however that is going to work), Google will win out. Distribution will be done through bittorrent, searching through Google. Kazaa with its smart tricks of hiding the central server will have no place to go.

    7. Re:blablabla by herrison · · Score: 0

      If not a dumbass, then certainly not much good with research. Firstly, most p2p "companies" aren't companies in the sense that the writer means. Code writers with an attitude and server space is different. Secondly (as mentioned elsewhere) there are many legit users of p2p Thirdly (sorry)... loved the Trillian "meta-p2p" reference - this 'may' happen? What's shareaza then???

      --
      You know what I miss? Leeches.
    8. Re:blablabla by glesga_kiss · · Score: 1
      Which is the only thing in the article which makes sense.

      Google is not relevant for p2p really. p2p is too dynamic, hosts go up and down all the time, that's partially the point. Google works by trawling the net offline, and adding to it's database. If they were to go into p2p searches, they'd need to re-engineer the whole system.

      The only thing Google has going in this respect is it's brand name, which could be the icing on the cake, instead of the technology itself.

    9. Re:blablabla by Anonymous Coward · · Score: 0

      4 words: Google, Blog, Concealed, Bittorrent

      You figure it out, they're on to me, have to go! So lon'!^\$aU&.=z3~NO CARRIER

    10. Re:blablabla by op00to · · Score: 1

      Bittorrent doesn't eliminate or solve the centralized server problem. On the contrary, one person must set up a central server which is hammered until such point as enough people have downloaded whatever you're sharing. You've still got a centralized server for seeding the sharing. Once it gets going, the reliance on the seeds wanes. But in the beginning, that server is just as important as any other "central server" for filesharing.

    11. Re:blablabla by skagin · · Score: 2, Interesting

      First- I've read repeated comments here and elsewhere asserting that Gnutella clients are hell on bandwidth. Mine (which has been running, excepting upgrades, constantly for over three years) uses less than one kilobit/sec of bandwidth for searching and protocol overhead. I've tried other networks and have not seen any of them do as well.

      Second- I've never had a searching problem. Once my client gets a good position in the network I never fail to get around 25 responses/sec from usually all save one of my directly connected peers. Anything I've spent any time at all searching for I've found and been able to aquire so long as I have the patience to wait 1-6 hours for it dependant on file size.

      Third- decentralized networks _are_ useful to outsmart "dimwitted judges", but vastly more important are the advantages of redundant storage and independence from the vagaries of centralized index servers. See the freaking definition of the "Internet" for more.

      Fourth- I share and download open content, most specifically episodes of MST3K, whose most excellent copyright owners have encouraged their fans to share their content since p2p networks were pure s/f. Someone is going to have the rank temerity to charge me, not only for my bandwidth, but also for the right to share content which I paid for years ago when I subscribed to Comedy Central, whose copyright owners have given blanket permission to reproduce? As my esteemed parent post noted, it is copyright violation which is illegal, not filesharing. I find it hard to credit that the EFF would confuse the issue as their compulsory licensing proposal seems to have done. Their section heading "Making P2P Legal" is very bad spin for a group which proposes to be defenders of digital freedom.

  4. Uses for P2P by jd678 · · Score: 4, Insightful
    So what this article is suggesting is compulsary licensing of P2P networks. I assume in this case it also requires licensees to ensure that no material is being shared that is subject to copyright control.

    Firstly, I cannot begin to comprehend the effort required to stay on top of the copyrighted material being shared around the network. File hashes can be used for sure, but imaging the resources required for checking and verifying this. Sure, a few automated systems currently exist for music, but when we're talking about w2k3 iso's, DiVX movies etc, these are going to require some serious resources, whether computing or man-power to acheive this. Certainly this will be required to satisfy the RIAA, MPAA et al.

    Secondly, assuming they acheive this, then what, in all honesty is the network going to be used for. Sure, there's currently the odd RH iso that get's distributed by bittorrent. With most sharers scared to offer their mp3 collection (ie combination of ripped of their own cd's and downloaded), few will bother weeding out their copyright free music to share. With no sharers, there's no network. Besides, at the moment indepedent music seems served quite happily by services such as mp3.com and others.

    1. Re:Uses for P2P by StenD · · Score: 4, Informative
      So what this article is suggesting is compulsary licensing of P2P networks. I assume in this case it also requires licensees to ensure that no material is being shared that is subject to copyright control.
      No, compulsory licensing forces the content "owner" to license the content at a predetermined rate. An explanation of this is here.
    2. Re:Uses for P2P by darien · · Score: 1

      I assume in this case it also requires licensees to ensure that no material is being shared that is subject to copyright control.

      I think the licence in question is precisely a licence to distribute copyrighted works. If it were just a licence to participate in a P2P network then this would have a severe impact on legitimate networking, without making it any easier to prevent copyright violation (which is already illegal).

  5. Compulsory Licensing by Anonymous Coward · · Score: 3, Informative

    A Compulsory license is one which defines a preset rate for anyone to use without discrimination. Eg. The radio stations have a compulsory license that allows them to play any song they like as long as they pay the rights holder an amount based on number of listeners.

    Musicians also have a compulsory license that allows them to perform or record any song written as long as the songwriter get payed a set amount.

  6. If Google ever decided to do this... by overbyj · · Score: 5, Interesting

    then they would certainly rise to the top. Their search engine is by far head and shoulders above the rest. It is fast and efficient. However, I am not sure of two things.

    The EFF can push all they want but I seriously doubt filesharing will ever become legal, even under a compulsory licence. The RIAA is now equating P2P with kiddy porn and therefore the reactionary dumbasses in Congress will jump on this now.

    Second, Google picks and chooses its battles carefully. The recent purchase of blogging company illustrates this. I think they would have to decide that it is worth the hassle assuming again, it became legal in the first place.

    In the event all this ever pans out, I, for one, will welcome our new Google overlords. (thought I would just go ahead and get that out of the way.)

    --
    No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
    1. Re:If Google ever decided to do this... by R2.0 · · Score: 0, Offtopic

      "I, for one, will welcome our new ________ overlords."

      Dammit, what is the source of that quote? I Googled for it and all I got was 50 blogs all linking to each other. Bleh.

      Anyway, first one to answer gets modded up. Oh crap, I can't mod if I post. I'll owe you.

      --
      "As God is my witness, I thought turkeys could fly." A. Carlson
    2. Re:If Google ever decided to do this... by !the!bad!fish! · · Score: 1

      Google this.
      ... the origin is Kent Brockman in the Simpsons episode [Deep Space Homer].

      --
      Kids today are tyrants. They contradict their parent, gobble their food, and tyrannize their teachers. - Socrates 400 BC
    3. Re:If Google ever decided to do this... by josquin00 · · Score: 2, Informative
      It's from the Simpsons. This is from here:

      As with many Internet memes, this one was spawned from the popular TV show, The Simpsons. The quote is from newscaster Kent Brockman, who reports on the threat of an alien attack: "And I, for one, welcome our new insect overlords. I'd like to remind them that as a trusted TV personality, I can be helpful in rounding up others to . . . toil in their underground sugar caves."
    4. Re:If Google ever decided to do this... by aallan · · Score: 1

      I, for one, will welcome our new ________ overlords.

      Kent Brockman on the Simpsons, "I for one welcome our new insect overlords". Although I've got a niggling suspicion that like alot of things on the Simpsons its a cultural referecne to something a bit older. Anyone?

      Al.
      --
      The Daily ACK - Eclectic posts by yet another hacker
    5. Re:If Google ever decided to do this... by StormReaver · · Score: 2, Insightful

      "The EFF can push all they want but I seriously doubt filesharing will ever become legal, even under a compulsory licence."

      File sharing has been perfectly legal for decades. We did this legally with modem-based BBSs in the 80s (maybe earlier), and we continue to do this legally with FTP and (more recently) software such as bit torrent.

      I'm well aware that you meant sharing copyrighted music files, so I'm asking everyone to stop saying "file sharing" when referring to distributing music files. A more accurate term is music file sharing (or just music sharing).

      If we keep referring to music sharing by the generic "file sharing" meme, then any laws that are passed to outlaw music sharing will likely, if unintentionally, cross over into other types of currently legal file sharing such as Free software distribution.

      Remember, swapping music files is just one form of file sharing. There are other, and in my opinion far more important, types of file sharing that have nothing to do with illegal distribution of copyrighted music files. It's important to make that distinction.

    6. Re:If Google ever decided to do this... by ahfoo · · Score: 1

      "I doubt file sharing will ever beome legal."
      Well, it has already been mentioned a few times above, but apparently it's still not clear to some folks. In fact, file sharing is already quite legal.
      And the kiddie porn thing. Well, that tactic is about as old as calling your political opponent a queer. It's dramatic and might get you out of a tight spot, but it's hardly a winning long term strategy unless you're dealing with a huge number of users that you can show are actual child molestors and that's rather unlikely. You're going to need at least as many victims to testify in court as you've got pedophiles. It's not that simple as waving your arms in the air and shouting --they're all godless child molesters with boogers hanging out of their noses! Sure, it's a dramatic spectacle, but it's not real unless it can stick in court and that's doubtful.

    7. Re:If Google ever decided to do this... by Thing+1 · · Score: 1
      The RIAA is now equating P2P with kiddy porn and therefore the reactionary dumbasses in Congress will jump on this now.

      We (and by this I mean the EFF/ACLU/etc.) should aggressively fight back and point out how the RIAA member companies are promoting sexual activity among minors through their provocative album covers and music videos.

      Child porn, indeed.

      --
      I feel fantastic, and I'm still alive.
    8. Re:If Google ever decided to do this... by danila · · Score: 1

      then they would certainly rise to the top. Their search engine is by far head and shoulders above the rest. It is fast and efficient. However, I am not sure of two things.

      You don't need a powerful search technology to find Madonna's MP3. Google's competence lies in providing relevant results to very wide range of general queries. You don't need this to only search for movies and music files which are more or less clearly labeled.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    9. Re:If Google ever decided to do this... by MikeFM · · Score: 1

      Even trying to get Google to let you search for files by checksums hasn't worked. I've asked several times to be able to search for files by md5 or sha checksums. It'd make it a lot easier to find mirrors of things like iso images. Evidently they just aren't interested.

      This article does raise one point that I'd like to add to. For finding files any search engine will do. It doesn't need to be built into the protocol. Just make a tool that makes it easy to share files via http and create links to the servers you download files from. Then when something like Google spiders you the most useful servers will become indexed and searchable by normal means. The point being that there is no reason to make the protocol all that complex for it to work. You could even make it so the search mechanism for the client just used plugins that allowed the user to pick the search engine they wanted to search by. So you could tap into Google, Lycos, or a custom search engine for your University.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    10. Re:If Google ever decided to do this... by surprise_audit · · Score: 1
      The EFF can push all they want but I seriously doubt filesharing will ever become legal, even under a compulsory licence.

      I think you're wrong about filesharing being illegal. What's illegal is sharing copyrighted works. If filesharing per se is illegal, then everyone using NFS-mounted filesystems is breaking the law, everyone using Windows filesharing is breaking the law, etc.

    11. Re:If Google ever decided to do this... by Xtifr · · Score: 1

      I'm asking everyone to stop saying "file sharing" when referring to distributing music files. A more accurate term is music file sharing (or just music sharing).

      Suffers from the same flaws: I've engaged in legal music sharing since the late seventies. The Internet Archive has terabytes of music files from hundreds of musicians that can all be legally traded or shared.

      As for non-music files, it is every bit as illegal, and probably almost as common, for people to trade the latest MS OS or video game as the latest pop tune.

      Sharing music is no more or less illegal than any other form of file sharing. It all depends on the copyrights and licenses of the files. Saying "music file sharing (or just music sharing)" is, in fact, more misleading than just saying "filesharing".

    12. Re:If Google ever decided to do this... by pod · · Score: 1

      Well, how is Google going to get the MD5s for all the files they're indexing? Download them all?

      --
      "Hot lesbian witches! It's fucking genius!"
  7. Wrong and right by heironymouscoward · · Score: 5, Insightful

    I don't believe the P2P companies are asking for compulsory licensing because they believe it is a good thing. I think they want it because then they can claim "we are seeking a legal alternative", knowing full well that although some kind of legalized P2P sharing is inevitable, it will take 5-10 years and the emergence of new media groups for it to happen, not some court ruling that "Hey, it's OK to download those trax now, d00ds!"

    However, I agree with the other half of the article, which basically says "Google is God", something that has been obvious for several years. For many people, Google is the Internet, something AOL and MSN never managed to do with their fluff-filled "portals". Whatever new things come along, Google will be there, doing them better, leaner, faster,...

    But it will be several dotcom lifetimes before Google will be the place to go to download no-longer-pirate tracks and movies. I don't think the P2P companies really have such a long horizon.

    --
    Ceci n'est pas une signature
    1. Re:Wrong and right by Katchina'404 · · Score: 2, Informative

      I'm not sure if that many people "think" that "Google is the Internet" as you stated. Most fairly computer-litterate people realize that Google is a tool. Others (a.k.a. Joe Blow and his grand'ma) tend to think that the Internet is whatever their provider's portal is (ISP portal and/or MSN/AOL).

      What really bothers me is most people that think the Internet is the Web (i.e. the html/http protocols suit and their applications) or, worse, the Internet is Internet Explorer. I remember a friend's girlfriend who couldn't understand that we each needed a copy of some game to play on the Internet ("But, if it's on the Internet you just need to all go to the game site, right ?").

      Oh well, in the end the human kind will get what it deserves.

      --
      Ceci n'est pas une signature
    2. Re:Wrong and right by Anonymous Coward · · Score: 0

      give me a break, google will rule because it has deep pockets, thats the whole argument.
      Deeper than big blue, MS or AOL ? very weak and makes no sense.

    3. Re:Wrong and right by Anonymous Coward · · Score: 0

      I remember a friend's girlfriend who couldn't understand that we each needed a copy of some game to play on the Internet

      If that person is truely your friend, you would tell him to get rid of her, she requires too much initial training to be effective.

    4. Re:Wrong and right by Dusabre · · Score: 3, Insightful
      Whatever new things come along, Google will be there, doing them better, leaner, faster,...

      Google is not God, it is not manifest destiny, it is not a historically necessary, it is not destined for anything. Google kicks butt for now. But there are other companies and technologies just waiting to gangbang it. Remember how quickly google appeared? It can be superseded just as quickly. Don't get religious on google, its just a company with good policy, clever technology and clever guys. Policies stagnate, technology goes out of date and clever guys leave. Hey, maybe yahoo can reinvent itself. Or maybe hotbot? Or maybe Ebay will turn its massive market power and revenue into a filesharing network?


    5. Re:Wrong and right by Anonymous Coward · · Score: 0

      What training? "Shut up and suck" always worked fine for me!

      ;)

    6. Re:Wrong and right by Anonymous Coward · · Score: 0
      Oh well, in the end the human kind will get what it deserves.

      What would that be? Dopey girlfriends for all geeks? I bet she gives good head.

  8. Slightly offtopic, but shows google's high spot. by Anonymous Coward · · Score: 5, Funny

    I was bored, browsing AskJeeves (ask.com) to see what people were searching for (you can do that). One person (don't know if they were just stupid or what) was searching for "Where can I find the search engine Google?". I wouldn't trust one search engine to find another, now if they were looking for elgoog, ok, but they weren't. I suppose they could have been in china, but whatever.

  9. y2k business plan by Amonynous+Coward · · Score: 0, Insightful

    1. p2p services require search
    2. google is the main web search tool

    so

    google is going to be the leader p2p!

    w007!

    1. Re:y2k business plan by Anonymous Coward · · Score: 0

      The vast number of P2P transfers are related to copy-righted material. Consequentially, P2P networks have gone from google-style centralized search (aka Napster) to distributed decentralized search (aka Overnet).

      Googles' name (brand) might be useful in the P2P environment, but their technology certainly isn't. Which doesn't make it less good btw.

  10. Google? A dictator? by Talez · · Score: 4, Insightful

    Come on. If google was the only search engine in town then I might agree with the idea but they aren't.

    If Google started being assholes to their users most of them will simply go and use another search engine to find things. But they don't. So people keep using Google and the wonderful features it provides.

    1. Re:Google? A dictator? by larien · · Score: 4, Insightful

      Google was the first search engine I found where you didn't get a porn site on the first page (well, unless you were specifically looking for one...) unlike most of the other search engines I used. Up till now, they've kept being nice, not doing popups or any other crap that other search engines do, but I'm a little worried that they might IPO and then become slaves to money, at which point the ideals may take a back seat to profits. If they do IPO, I hope that they realise that being a good search engine and playing nice is a large part of the reason they are so successful.

    2. Re:Google? A dictator? by Surak · · Score: 1

      Come on. If google was the only search engine in town then I might agree with the idea but they aren't.

      Microsoft? A dictator?

      Come on. If Microsoft was the only OS/office suite company in town, then I might agree with the idea but they aren't.

      If Microsoft started being assholes to their users most of them will simply go and use another OS/office suite. But they don't. So people keep using Windows and Office and the wonderful features they provide.

    3. Re:Google? A dictator? by Anonymous Coward · · Score: 0

      " Google was the first search engine I found where you didn't get a porn site on the first page"

      precisely why I don't use google.

    4. Re:Google? A dictator? by Anonymous Coward · · Score: 0

      This reminds me of a famous dialog:

      N.: Choice, the problem is choice.

      A.: [...]nearly 99 percent of all test subjects accepted the program as long as they were given a choice, even if they were only aware of the choice at an near unconscious level. [...]

    5. Re:Google? A dictator? by rc27 · · Score: 1

      Here's a link to some info about Nutch, an open source search engine project that Tim O'reilly, amongst others, is involved with.

    6. Re:Google? A dictator? by Anonymous Coward · · Score: 0

      Looking for names, especially celebrities, but also thinkgs like software and games, you will get a ton of porn sites. They seem to be fooling Goole, because when you look at them, the content is not at all what Google indexed, yet they respond to virtually any name you look for. Some kind of Google tar pit.

  11. monopolist by Gorny · · Score: 3, Insightful

    Well nice article and he clearly made some good points. But I'm not sure wether we want to have one (primary) source of information (searching) such as google. Monopolies tend to become to addictive to their own power which will make it even harder for them to give up. They'll try anything to fuck up the competition (look at some RedMond based compagny).

    And some more alarming privacy issues are listed on http://www.google-watch.org/.

    I'm still in favor of having the choice between several sources for searching/news/p2p/blogs. This will enhance the competition between the competitors and will make their services better.

    Look at all the OSS. Most pieces of software have several forks or similar/related projects which ultimately results in a better piece(s) of software for a specific task

    --
    Alan Perlis once said: "A language that doesn't affect the way you think about programming, is not worth knowing"
    1. Re:monopolist by Talez · · Score: 5, Insightful

      Google Watch always verged on the "tin foil" brigade to me.

      They still trumpet on about the Google Toolbar being spyware despite the fac that when you install the toolbar it spells everything out in plain english under a big red heading labelled "READ THIS CAREFULLY! IT'S NOT THE USUAL YADA YADA YADA!".

      They still trumpet on about Google's immortal cookie yet fail to realise *gasp* Google does have user preferences and uses the cookie to track those preferences. Some small part of me believes that the Google reps never responded because they died laughing about... THE COOKIE.

      They trumpet on about geotargeting but in reality its almost required by governments with lax freedom of speech policies who try to prevent their citizens from accesssing certain material. You can always turn it off in the prefs by telling google to go back to google.com for searching but now the legal onus is on you.

      While the site does have some valid points, most of them are either overexagerations or crying sour grapes. Personally, I think the only thing that really needs to be addressed is Google's transparency. Sure it's a fairly big concern to address but Google hasn't steppped far out of line yet. If they were to say, for example, sell every user's personal search data to the highest bidder I would be incredibly pissed and be calling for their blood.

      But they haven't.

      So I won't. And I'll continue to use Google while they remain like they are.

    2. Re:monopolist by Gorny · · Score: 1

      True.. you've got a good point there. But nonetheless the question remains if we are willing to accept one monopolist as the main entry of information on the web?

      --
      Alan Perlis once said: "A language that doesn't affect the way you think about programming, is not worth knowing"
    3. Re:monopolist by xigxag · · Score: 1

      SCO used to be nice guys, too.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    4. Re:monopolist by ratamacue · · Score: 1

      As long as governement doesn't interfere, there will always be competition for Google. Remember, as big as Google becomes, they will never have the right to adopt force as a business model. They must abide by the rules of voluntary association like everyone else. Should government decide to tilt the market via force, then we have something to worry about.

      Microsoft is a perfect example of how government contaminates the market with force. Microsoft would never have been able to dominate the market without exploiting the overly complex, ambiguous system of law (including but not limited to IP law) created by government.

    5. Re:monopolist by Anonymous Coward · · Score: 0

      If it was just about tracking preferences, there are other approaches they could use. The cookie could contain either the actual values, or if that's too long, just a unique identifier for that combination of preferences.

      Then instead of having one cookie per user, you have one cookie per unique set of preferences. It will still be a big number, but nowhere near the number of users. It also keeps them from tracking you uniquely anywhere you go.

    6. Re:monopolist by pipingguy · · Score: 1

      And I'll continue to use Google while they remain like they are.

      I think if Google ever goes IPO usage will drop off dramatically.

      There is something to be respected about privately-held companies, as they are not subject to the whims and trends of a fickle investor group (many of whom can be easily led by a charismatic personality). Myself, I'd rather work for someone that can make real decisions and not rely on professional managers/political game players.

    7. Re:monopolist by Minna+Kirai · · Score: 1

      Microsoft would never have been able to dominate the market without exploiting the overly complex, ambiguous system of law (including but not limited to IP law) created by government.

      Laws (including mostly IP law) already exist which Google might exploit to become a monopoly. No further government action would be required for them to achieve this.

      they will never have the right to adopt force as a business model. They must abide by the rules of voluntary association like everyone else

      It is concievable that in a few years, without any changes to law, that Google will be in the same monopoly-force position enjoyed by Standard Oil and AT&T before their breakups. That position is achieved when a monopolist can select any individual company from a wholely unrelated industry and issue an ultimatum: "Sell out for pennies on the dollar, or be shut down".

      In 1900, any major company could be destroyed if Standard Oil discriminately withheld railroad service for 1 month. In 1975, AT&T could turn off anyone's phone service for the same effect. In 2000, Microsoft could smash a company by stating "Remember how the license terms on those EULAs can be withdrawn by any party? Consider this notice of termination". In all those cases, of course, the monopolist exercises some restraint so as to not anger the government too quickly.

      Against that background, is it possible that in a few years, google.com websearches will be the prime way that customers find companies? It might happen. And if it does, what will be the fate of a corporation that is catastrophically de-listed from the One, True Search Engine?

    8. Re:monopolist by Ophidian+P.+Jones · · Score: 1

      733 MHz, and I'm supposed to celebrate?

      Transmeta missed the boat. Even in thin clients, they're underpowered. At 733 MHz, even low IPC won't help.

      Transmeta was a good company, but they didn't get their product to market in time.

    9. Re:monopolist by Anonymous Coward · · Score: 0

      Your mother was a Hamster, and your father smelt of Elderberries!

      Sincerely,

      Darl

    10. Re:monopolist by zangdesign · · Score: 1

      Google hasn't harmed anyone yet and here you are casting suspicion on their success?! That takes a lotta damn gall, I gotta say. It strikes me that you are suspicious by nature of anyone having a great degree of success, which is just sad.

      So, if it bothers you that Google has succeeded, go somewhere else. No one is forcing you to use it. Or start your own. Round up your own investment funds, hire some people and start another search engine.

      If anyone ever builds something better than Google that's as easy to use, I plan on using it, monopoly or no.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  12. Flaws by Mattcelt · · Score: 2, Interesting

    1/ but there is little that keeps people from posting listings on multiple auction sites either.

    Well, except for the fact that you are contractually bound to sell the item only once!

    2/ Of course all these companies will swiftly shift to a Napster-like network when the law is passed.

    Not so. These networks exist because there was something that Napster was inherently lacking - privacy. And these networks will continue to provide that, because the RIAA/MPAA won't be able to sue to receive personal information if no law is being infringed. So anyone who wants to trade files anonymously will still use these networks.

    3/ What does Google do, exactly? They index what is already present, leveraging existing protocols and content. They will leverage what Gnutella/Kazaa/&c. currently present unless there is more money to be made otherwise. While it is possible that they will create their own filesharing system, I consider it doubtful they will.

    But of course, only time will tell. And if compulsory licensing (which makes so much sense!) does come through, it will be a huge win for consumers, no matter who provides the medium for distibuting it.

    Mattcelt

    1. Re:Flaws by SnowWolf2003 · · Score: 1

      Not so. These networks exist because there was something that Napster was inherently lacking - privacy. And these networks will continue to provide that, because the RIAA/MPAA won't be able to sue to receive personal information if no law is being infringed. So anyone who wants to trade files anonymously will still use these networks.

      Wrong - Both Napster and all other P2P applications provide exactly the same level of privacy. Your IP is available through both services and nothing more.

      These other P2P networks were created because Napster had one centralised search function, which the RIAA showed could be shut down, which effectively makes the network useless. So now it's decentralised, so even if they shut down the client application provider, they can't shut shown the network.

  13. Compulsory licensing will never work by mattso · · Score: 5, Interesting

    Right now all compulsory licensing deals actually involve money. Radio stations pay money to play songs. Sure the compulsory license means they don't have to make a deal with each artist and record company, but there is still a non-zero fee involved. Any P2P compulsory licensing will involve some sort of fee (per download, per month, per something) and a system to collect that fee along with reporting what that fee was for so the money could make it back to the record company. In a P2P world like that no one is going to want to share files and bandwidth. It's one thing to give away files and bandwidth for free as part of a community, but if all your bandwidth and files are making a bunch of other people money I doubt your going to be so happy about it. The only thing compulsory licensing could do is create better versions of PressPlay type services. It is not likely to even apply to P2P as we know it. It would effect things like Apple's iTunes though, in ways they might not be so keen on. Unless that compulsory license involved a $1/track fee. In any case I don't see Google getting into this. It's not a search business, it's a content provider business. Which of course is why all the current P2P software companies are running on borrowed time, they have no content and no money to host it even if it was licensable. While they might think they can work out a model where uploaders are paid from the fees the downloaders pay(thereby giving people a reason to offer files) I doubt there is a company on earth that could handle all the tax issues making every uploader a small business would entail. Not to mention all the other issues involved in quality control and correct reporting of what the file was. The future of compulsory licensing is a bunch of businesses not in the P2P field but more like PressPlay and Apple. They host content, they charge for that content. If Google wanted to get into that I'm sure they could but I don't see it happening.

    1. Re:Compulsory licensing will never work by Sphere1952 · · Score: 1

      Besides, all the content would be on Freenet, where the tax would be uncollectable.

      --
      Big Brother Bush is doubleplus ungood.
    2. Re:Compulsory licensing will never work by Anonymous Coward · · Score: 0

      ... and where we would never be able to find it. ;-)

  14. Decentralization is just a part of the problem by acegik · · Score: 3, Informative

    Lets say that companies can go and centralize their networks - great, it will be much faster and efficient no doubt. But today the companies are not at risk any more, its the users! Users demand anonymity and centralized servers are far from it, the companies that will Prevail will be those who will give their users the best privacy they market can offer. So centralized networks will fail.

    1. Re:Decentralization is just a part of the problem by ceejayoz · · Score: 2, Insightful

      Users demand anonymity

      They won't if filesharing is legal, or at least if there is no risk of getting sued. Look at Napster - centralized database, millions of users. As long as there's no risk to them, people don't generally give a shit about privacy.

  15. Google's Predestiny? by plasticmillion · · Score: 5, Insightful
    I disagreed with pretty much the entire article, but one point in particular stood out: the assertion that Google is destined to dominate a world where copyrighted content can be legally distributed. This shows deep ignorance on the part of the author as to the reasons for Google's current success.

    Specifically, the problem of indexing the web is an extremely thorny one. There is a massive amount of content, almost none of which has any structure whatsoever, and much of which is of dubious interest (i.e. it's total crap). The page rank system used by Google is simply brilliant and deserves all the accolades heaped on it.

    Indexing a bunch of MP3s is a much, much simpler problem. As the author of the article points out, Napster had this pretty much nailed years ago. So Google's technical advantage is definitely questionable. What about its deep pockets, market presence, etc.? Sure, this indicates that Google might be a contender in this theoretical new market, but there are a couple of other companies out there with brands, deep pockets, etc. Say IBM, or eBay, or Amazon, or Microsoft, or Yahoo, or... okay, you get the point.

    To me this article is a perfect example of attracting attention by taking a superficially intriguing stance, basing it on today's much-hyped company to gain topical interest. Upon examination, the conclusions of the article don't hold water.

    1. Re:Google's Predestiny? by fhwang · · Score: 4, Insightful

      I wonder if indexing MP3s is actually easier than indexing HTML. Web pages link to one another, so there's a lot of human indexing that happens there. MP3s don't, so there might be other problems. I certainly don't think the file-sharing search problem is anywhere near solved. For example, there are a lot of mislabeled MP3s -- either the tags are "Unknown Artist / Track 8" or they're completely misspelled. Or you sometimes get the annoying thing where they're ripped from a compilation and the tags reflect that: the author is "Greatest Dance Hits" or even "Pottery Barn" ...

      Another need is that you might know a few lyrics of a song but not know who it's by or what it's called. My friend a while ago couldn't find that Bob Dylan song that goes "Everybody must get stoned" -- I had to tell him that it's called "Rainy Day Women #12 & #35."

      Google has a bunch of smart people working for it, but I don't know if they'd necessarily have a head start on this problem. It's not the same as indexing the web.

    2. Re:Google's Predestiny? by plasticmillion · · Score: 1
      I was wondering whether someone would make this point. You're right that indexing MP3s isn't entirely trivial, and there is scope for innovation.

      But I still stick by my original point. As a matter of fact, I wrote a program that deduces title and artist information from MP3 filenames in two days, and it works amazingly well. I hardly think that Google's page rank technology could be implemented in this timeframe!

    3. Re:Google's Predestiny? by zatz · · Score: 1

      I would like to think that the average dedication of someone ripping and encoding music is inversely proportional to its popularity, so odds are reasonably good that there exists at least one correctly labeled copy of any musical recording. It's just a question of how to route around the legal impediments to central indexing.

      --

      Java: the COBOL of the new millenium.
    4. Re:Google's Predestiny? by abulafia · · Score: 1
      Indexing a bunch of MP3s is a much, much simpler problem.

      You aren't being creative enough.

      Why wouldn't Google leverage what they know about the web onto MP3s for recommendations? There are lots of people out there with a page listing a bunch of bands they like

      That's just for starters.

      --
      I forget what 8 was for.
    5. Re:Google's Predestiny? by LiquidCoooled · · Score: 1

      Wow!!!
      2 days per filename, just think by the end of the year you might have finished indexing the files in my car cd player :P

      --
      liqbase :: faster than paper
    6. Re:Google's Predestiny? by hayne · · Score: 1
      My friend a while ago couldn't find that Bob Dylan song that goes "Everybody must get stoned"
      You could have just showed your friend how to use Google

      Give a man a song title and he'll hum it all day. Teach a man to google and ...

    7. Re:Google's Predestiny? by Anonymous Coward · · Score: 0

      However, if your friend had gone to Google and searched for:

      "Everybody must get stoned" "Bob Dylan"

      The first link would have told him that.

  16. No money for EFF's bad idea by wfrp01 · · Score: 5, Interesting

    I mostly support the EFF. But when they started promoting compulsary licencing, I decided not to support them. Perhaps they should revamp their support structure, such that if you donate money, you can direct it to a specific cause. And in such as way as the causes you *don't* believe don't indirectly benefit (by sharing the same overhead expenses, etc.) I'm not going to waste a penny on an organization that promotes ideas completely contrary to what I believe in.

    --

    --Lawrence Lessig for Congress!
    1. Re:No money for EFF's bad idea by Zebbers · · Score: 1

      christ, you must not support very many organizations....do you even agree with yourself 100% of the time?

    2. Re:No money for EFF's bad idea by SiliconEntity · · Score: 1

      I mostly support the EFF. But when they started promoting compulsary licencing, I decided not to support them.

      I have given EFF money in the past (and got the T shirt) but I agree, since they have jumped onto the compulsory licensing bandwagon I don't know what to think. This is a bad idea in so many ways that go against the traditional interests of the EFF. A big one is lack of privacy about what you're doing online. Any CL system is going to have to keep track of who is downloading what in order to figure out what royalties are due. This is going to require a new level of invasiveness.

      And frankly the whole idea of supporting file sharing, which IMO is dishonest and requires people to break their promises (when they bought the CD they implicitly agreed not to share it with millions of people!) seems misguided and not part of the EFF's traditional goals of defending online freedom. It's one thing to be free online, it's another to lie about whether you will honor other people's copyrights.

      Having said all this, the linked Lawmeme article is actually part of a series that questions and opposes the compulsory licensing concept. The most recent article attempts to show that the P2P companies behind it are harming their own interests.

      Maybe the other commentators are right that this is all just a flimsy legal "cover story" that no one expects to win, just a fig leaf to grant a veneer of legitimacy to the file sharing companies by letting them argue that they are trying to be legal. And maybe the EFF sees CL the same way, a fake campaign that no one expects to go anywhere, but maybe will put pressure on the content industry. But I'm no happier to support the organization just because it may be insincere about a bad idea.

  17. "you assume too much" by smd4985 · · Score: 2, Insightful

    this author in this article has flawed reasoning. if compulsory licensing was ever introduced, a whole slew of companies would get into the game (search engines, p2p companies, M$, etc.) so the victor in the wars is hard to predict. i do agree p2p companies would have to modify their business plans, but i believe compulsory licensing would present as many opportunities as challenges....

    --
    smd4985
    1. Re:"you assume too much" by Sphere1952 · · Score: 1

      As soon as there is compulsory licensing I'm getting into the game. I'll register each of my messages for royalites.

      (If necessary, I'll sing my messages. Although I might get prosecuted for war crimes.)

      --
      Big Brother Bush is doubleplus ungood.
  18. Uh, markets don't work that way by Ath · · Score: 2, Insightful

    The filesharing services would start differentiating themselves with new functionality etc.

    Some would die as happens with all markets with too much overall supply. While I agree that the majority of people would flock to fewer services, niche markets would exist just as they do right now in the music industry.

    The problem is that the cost of entering the music distribution market would drop considerably. Therefore you would see MORE services, not fewer, with each catering to market segments.

    The reason why compulsory license is opposed by the RIAA and their members is because it just legalizes exactly what they are trying to prevent: loss of control of music distribution.

    1. Re:Uh, markets don't work that way by Sphere1952 · · Score: 2, Insightful

      "The reason why compulsory license is opposed by the RIAA and their members is because it just legalizes exactly what they are trying to prevent: loss of control of music distribution."

      Exactly. Why isn't the RIAA out there busting every pirate on the street corner selling CDs? Because the pirates don't threaten their control over their slaves -- I mean artists.

      --
      Big Brother Bush is doubleplus ungood.
  19. Links by Anonymous Coward · · Score: 3, Funny

    Thanks for linking to Google. Probably nobody reading this would have been able to find it otherwise.

    1. Re:Links by lacrymology.com · · Score: 1

      This begs the question:

      If you do a search for Google.com at Google.com, does that cause a tear in the space-time continuum? I'm afraid to try.

      -m

      --

      #
      # Modus Ponens
      #
    2. Re:Links by Anonymous Coward · · Score: 0

      S'ok!
      I did it for you, having no regard for the rest of the universe.

      We all still seem to be here, and the result of the search is somewhat humourous:

      http://www.google.ca/search?q=Google.com&ie=UTF- 8& oe=UTF-8&hl=en&meta=

    3. Re:Links by DrQuine · · Score: 1

      Mi piace molto (especially that bottom line):

      This is G o o g l e's cache of http://www.google.com/.
      G o o g l e's cache is the snapshot that we took of the page as we crawled the web.
      The page may have changed since that time. Click here for the current page without highlighting.
      To link to or bookmark this page, use the following url: http://www.google.com/search?q=cache:zhool8dxBV4J: www.google.com/+&hl=en&start=1&ie=UTF- 8

      Google is not affiliated with the authors of this page nor responsible for its content.

  20. Re:Why Google? by Sphere1952 · · Score: 1

    Try googling "free music" now, and google isn't even thinking about it.

    --
    Big Brother Bush is doubleplus ungood.
  21. "yeah, right" by some_god · · Score: 1

    "Even if Google technologists aren't up to the task (yeah, right)" google's web search feature is truly the best one, but for example thire image search is not as good as good ol altavistas, sure on some searches googles image search will give you better results, but altavista image search is still in general better so yes, google tech might not be up to the task. also wouldn't such a search put a bit more strain on the poor p2p servers out there since, files go up and down on the networks more easily than web pages, so they will have to search even more to stay current, or only post results on files with many shareing...

  22. GOOGLE could do it right now. Here's how. by goombah99 · · Score: 3, Insightful
    Perhaps Google could do at least a poor mans version of this right now?

    Suppose one had a GoogleNut tool. You query Google for a song. Google then distributes this Query to all of its distributed servers and on each one launches a Gnutella/Kaaza search, then replys with the a link that when activated uses your Gnuttell app/plugin to download the file from the location it found.

    the Added value here is that 1) google's network would act as a fast bridge across the mostly small-world Gnutella networks. 2) they could cache simmilar requests 3) they could also develop lists of nodes to block if they detected RIAA style hanky-panky (e.g. different file sizes or fingerprints).

    Since this mightbe more expensive than a regular search for Google, they could pay for it with say ultra-mercials while you download or make it a fee for service.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:GOOGLE could do it right now. Here's how. by dknj · · Score: 2, Informative

      Suppose one had a GoogleNut tool. You query Google for a song. Google then distributes this Query to all of its distributed servers and on each one launches a Gnutella/Kaaza search, then replys with the a link that when activated uses your Gnuttell app/plugin to download the file from the location it found.

      A simple HTTP GET request to the machine with the requested file is all you need.. no need to launch Gnutella or any other plugin

      -dk

    2. Re:GOOGLE could do it right now. Here's how. by Reziac · · Score: 1

      I think it would be not only practical, but profitable for all concerned. Google could collect fees in any of several ways (monthly subscription, NNN megs per $10, or a few cents per file) and pay the standard royalties to the RIAA members from that, while making a few cents per download for themselves, or even just cashing in on the extra revenue from advertisers: Imagine the traffic Google could guarantee for their textad and sponsored ad customers. In fact, it would be a wonderful place for both bands and labels to advertise CDs, T-shirts, concert tickets, etc -- automatically targeted right at a known-receptive audience.

      Even if the RIAA affiliates don't like the loss of control (which as we all know is their true motivator against filesharing) and nix the idea -- Google could still try it for independent artists who already allow their songs to be traded.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  23. The quote is from The Simpsons... by akadruid · · Score: 1

    Since no-one has bothered to answer you, it comes (of course) from The Simpsons.

    Ken Brockman (or whatever his name is) the newsreader uses it.

    IIRC, he is predicting the invasion of alien ant-like creatures or something similar.

    Feel free to correct me on any missing details.

    --
    "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
    1. Re:The quote is from The Simpsons... by akadruid · · Score: 1

      Apparently I need to reload the page before making sweeping statements.

      --
      "Those who cast the votes decide nothing; those who count the votes decide everything." (attrib. Joseph Stalin)
  24. As soon as they have compulsory licencing by Sphere1952 · · Score: 1

    I'm putting out stuff as public domain and not telling people about the fact that it is public domain.

    --
    Big Brother Bush is doubleplus ungood.
  25. Article contradicts itself by DOsinga · · Score: 4, Insightful

    Network effects will bring one party to the top, as is already happening. Kazaa is not the best p2p app, but the most used and therefore most people use it. If legal changes make it possible again to have a central database, Kazaa is still in the best position to capitalize on that, because most people are still using Kazaa for downloading stuff.

    Of course Google is bigger, but Google is bigger than eBay too and as the article states, eBay is the biggest auction site because of the same network effects. People go to eBay for auction searches and to Google for general searches, just as they go to Kazaa for music searches. If I type in the name of a song in Google, lots of results will appear, not just the mp3's.

    It doesn't mean Google couldn't go after this market. If they would, they would stand a pretty good chance of winning, but so would Microsoft or Yahoo.

    more from Douwe Osinga

  26. man, five dollars.... by Anonymous Coward · · Score: 0

    Here in the uk it's 115 last time I paid my license ...!

  27. Re:Slightly offtopic, but shows google's high spot by dollargonzo · · Score: 1

    i see your point, but i think it would be less funny if the first search engine was msn instead of ask. at least they knew how to get to ask. imagine this scenario: this newbie's friend tells him about google and how great it is. newbie clicks on "Internet" icon, which automatically takes him to the msn website (which, by what he can figure, is "the internet"). he proceeds to ask a question hoping to find what his friend told him, mostly because he does not know what a URL is. sadly, this happens way too often. *sigh*

    --
    BSD is for people who love UNIX. Linux is for those who hate Microsoft.
  28. Google has nothing to do with it by mangu · · Score: 2, Insightful
    Compulsory licensing is just one way for IP owners to perpetuate their hold on copyrights.How would one keep track of when a copyright expires? With compulsory licensing, the media companies would keep charging this tax forever.


    On the other hand, Google is a practical expression of the maxim "information wants to be free". Being able to find out where to get information is exactly the opposite of all "intellectual property" laws, whose purpose is to limit the people's access to information. If compulsory licensing comes into effect, how long until one is automatically charged a fee each time one looks into a website?

    1. Re:Google has nothing to do with it by Minna+Kirai · · Score: 1

      How would one keep track of when a copyright expires?

      Copyright expires? I'm not sure those words go together. Must be some suspicious commie thing they got in Europe. In the good ole US of A, we don't stand for no copyright expiring! The Senator from Disney took care o' that.

  29. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  30. Slashdot by Sphere1952 · · Score: 5, Insightful

    Slashdot is a P2P network. Every message put here is just as much copyrighted as the latest hit by Stupid Band of The Week, or that eBook you want to get your hands on.

    Compulsory licencing will end up being a tax on speech.

    --
    Big Brother Bush is doubleplus ungood.
    1. Re:Slashdot by StormReaver · · Score: 1

      "Slashdot is a P2P network. Every message put here is just as much copyrighted as the latest hit by Stupid Band of The Week, or that eBook you want to get your hands on.

      Compulsory licencing will end up being a tax on speech."

      This has absolutely nothing to do with compulsory licensing of music files. Even if it did, you have it backwards. Compulsory licensing does not require the copyright owner to pay others. Compulsory licensing requires distributors to pay copyright owners.

      So if compulsory licensing were to hit Slashdot, then Slashdot would have to pay you for any of your posts that appeared here, unless you explicitly waived your right to receive payment for your posts.

    2. Re:Slashdot by Sphere1952 · · Score: 1

      My posts look like music to me, and when Slashdot has to start paying out royalties Slashdot dies; which is an infringement of the right to assemble and petition the government for redress of grievances.

      Everything they do to try to shore up the notion of intellectual property being applied to normal people is a direct assault upon the First Amendment. You can't have copyright laws apply to the public without stealing from the freedom to speak and be heard by willing listeners.

      --
      Big Brother Bush is doubleplus ungood.
  31. Yes, other engines were dominant before that... by Kjella · · Score: 2, Interesting

    Particularly I remember altavista was very well known and respected for their search engine. Then Google took over and dominated.

    The long-time "near-monopolies" like Intel, Windows are the exception, not the rule. Remember the GFX industry? 3dfx were king, head and shoulders above the rest. Then came nVidia, and suddenly dominated. Now, ATI is providing very competitive alternatives.

    Even my mom (who doesn't use a computer except to read the web at work) has asked me about Google. Though I had to tell her the internet address was www.google.com, couldn't find that on her own...

    Kjella

    --
    Live today, because you never know what tomorrow brings
  32. Microsoft and/or Apple will be the winners! by javatips · · Score: 3, Insightful

    The guy who wrote the article does understand end-users.

    Who is going to win is not the one with better technology. Technology is not important to the end-users. The user interface and convenience is what matter.

    Why do you think that Kazaa is more popular that Gnutella. That's because the search engine is more convenient... You can search meta data in addition to filenames. The underlying protocol or matching engine has nothing to do with it.

    Anyway, if I search for "Evanescence" music files, even the most crappy search engine will yield good results (especially if sorted by the number of hosts who have it - automatic google ranking!)

    The one who are going to win are the ones who are going to make filesharing part of their OS or services. The winner will be Microsoft, Apple, and maybe AOL could be a distant second (in the MS space).

    1. Re:Microsoft and/or Apple will be the winners! by Minna+Kirai · · Score: 1

      Why do you think that Kazaa is more popular that Gnutella.

      Because Kazaa is a company and Gnutella is a protocol. One of them has marketers, publicists, lawyers, and user-interface designers. The other was written by a single programmer over a three-day weekend and then dumped to the world.

      The one who are going to win are the ones who are going to make filesharing part of their OS or services.

      Too late, it's already happened. Any new install of Microsoft Windows, Mac OSX, or Linux comes with web-server tools. If music trading is legalized (it'll take at least 2 years to happen), Apache on every desktop plus Google to catalog the files is all anyone will need.

    2. Re:Microsoft and/or Apple will be the winners! by David+Rolfe · · Score: 1
      [grand parent] The one who are going to win are the ones who are going to make filesharing part of their OS or services. The winner will be Microsoft, Apple, and maybe AOL could be a distant second (in the MS space).

      [parent]...If music trading is legalized (it'll take at least 2 years to happen), Apache on every desktop plus Google to catalog the files is all anyone will need.

      Just a couple of trivial points: If every owner of a comuter paid 100 bucks or whatever at time of purchase (compulsory liscense, as in the television scenario that predates our current debacle) and this fee/tax was distributed by the manufacturer (or distributor in Wintel's case)/government to the content industries affected then the situation wouldn't have changed at all. File sharing would still happen, whether through the relative anonymity of your p2p networks or your very traceable ipv6 "Apache on every desktop". The only true difference is now the moral imperative to not infringe on copyrights is reduced further (since the point of the liscense aka 'tax' is to offset the 'loss' from piracy) AND the content industries are getting SUBSIDIZED (getting paid with your money even when you aren't infringing).

      To me, both of those factors make compulsory liscensing a Bad Thing. The solution I would say is not more liscensing under existing law, but changing the ridiculous terms of copyright (in the U.S. anyway). If 10 year old music was going into the public domain, all of these factions wouldn't be going insane about eachother AND healthy new distribution industries could sprout up to fill demands for this new freedom... Imagine the electronic distribution sites competing for your eyeballs/money on features or selection with relevant public domain material. Imagine how much great stuff DVD's could contain if multiple distributors were competing on feature adds to "classic" movies.

      And the other point: I'd like to mention that AOL already provides unlimited, liscensed 'download and burn' services through it's MusicNet subscription. AOL has been available to both Windows and Macintosh users for years and years, so if they are a distant second in this realm, it wouldn't be in just the MS space.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    3. Re:Microsoft and/or Apple will be the winners! by Minna+Kirai · · Score: 1

      Just a couple of trivial points: If every owner of a comuter paid 100 bucks or whatever at time of purchase (compulsory liscense, as in the television scenario that predates our current debacle)

      There's two possible interpretations of "compulsory licensing". That's one of them, but there is another, as I described. Lawmakers might go down either road.

      If 10 year old music was going into the public domain, all of these factions wouldn't be going insane
      I agree there. A non-crippled public domain would be wonderful for the development of useful technology. Even if the expiration date was 28 years ("Founders' Copyright") or even 56, there would be actual movies and TV shows with a non-trivial level of popular appeal in the public domain. (Even megahits like "Star Wars" are about 28 years old)

      Filesharing, p2p, and VOD networks would have a legitmate mass of content to work with. They could actually concentrate on what is technologically necessary to provide a good level of service, instead of designing softare to avoid ligitation.

      And if there was an actual significant amount of PD material available, the case could be made that we need technologies to tell what's copyrighted and what isn't. Today, for example, when my company burns original presentation video onto DVD-RW, the software inserts a warning stating that it's only a private backup, and we have no right to redistribute. That's how ingrained the notion is that "Everything worth copying is copyrighted, and always will be"
      ust the most obvious drawback.

    4. Re:Microsoft and/or Apple will be the winners! by David+Rolfe · · Score: 1

      I totally agree with all of this. I mean as it stands the only material entering the public domain is what, from 1914? While it is sure that some good sheet music, literature, and reference material on subjects that haven't advanced in 70 years have reached the public domain all of this predates the "multi-media boom" of the magnetic media era. It takes massive projects or eclectic efforts to get this material that exists in the public domain in a digital format that can be enjoyed over the internet (see silent film trading, mp3s from really old discs, Project Gutenberg).

      If policy makers ever wake up and realize the benefits of a strong intellectual commons, maybe we'll have a hope of beating the next Mickey Mouse Copyright Extension Act. As a side effect this problem of wholesale copyright infringement will just go away.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
  33. Filesharing is NOT illegal by awalrond · · Score: 2, Interesting

    The article seems to suggest file sharing is illegal. It isn't. Infact by creating this reply I've shared a file with slashdot. OH NO - LOCK ME UP! Sharing copyrighted files may well be illegal, depending where you are, but anonymous distributed filesharing (Freenet et al) make is near impossible to police. And of course, filesharing is a global activity; There are no border patrols and you don't need a passport. So the difference any new US laws or licensing will make is... zero Give up, go home and have a bud. But NEVER feed the lawyers

    1. Re:Filesharing is NOT illegal by Sphere1952 · · Score: 1

      How is a poor filesharer supposed to know which files are free speech, and which files are copyright protected?

      --
      Big Brother Bush is doubleplus ungood.
  34. I guess this dude never heard of Software by the_2nd_coming · · Score: 1

    because I know all my friends only download the latest software from these services, not crappy music that sucks so bad you would not even buy it.

    --



    I am the Alpha and the Omega-3
  35. help me by Anonymous Coward · · Score: 0

    Indexing a bunch of MP3s is a much, much simpler problem.

    Finally someone who can solve my problem? Would you please sort my ~/mp3s/mixed directory? You will find nearly 3000 songs (some badly encoded or with wrong name, many without ID3tags, some broken or cut)

    1. Re:help me by zatz · · Score: 2, Informative

      You might find EncSpot helpful for sorting on one axis--quality of encoding method.

      --

      Java: the COBOL of the new millenium.
    2. Re:help me by plasticmillion · · Score: 2, Informative

      Also you might want to check out MusicBrainz. This worked really well for my collection.

  36. Is it possible... by SeXy_Red · · Score: 2, Interesting

    That all the file sharing companies are doing it because they believe it is the right thing. After all, isn't the whole idea of file sharing that software should be for everyone and not just for a select few that can afford it? And isn't it true that most of the file sharing software that were mention are themselves bases off of open source code, further perpetuating the concept of free-trade?

    --

    This sig was generated by a barrel of trained kittens for SeXy_Red (550409).

  37. The Megadeth issue is about royalties, though. by jea6 · · Score: 2, Informative

    The most information I could find about this is:

    The upcoming Killing... reissue, which will reportedly not include MEGADETH's cover of the Nancy Sinatra classic "These Boots Are Made For Walking" after the original writer of the song, Lee Hazelwood, refused to grant the group the rights to re-release the track, will contain an as-yet-undisclosed "big surprise", according to the frontman. (http://www.angelfire.com/fl2/wvummetalshow/oldnew s.html)

    The original version was originally released on CD without 'These Boots' due to Lee Hazelwood's delayed decision to be a right bastard. Megadeth had to increase royalties to him or drop the track. The later was chosen, the 7 track version was released and many fans never got to hear it. However, Combat Records (the bands label at the time) have since rereleased the album with the full original uncensored mix of 'These Boots' in its rightful place on track 4. (http://www.lastlabyrinth.com/reviews/revew29a.htm )

    The one big change on this rerelease is the band's phenomenal cover of "These Boots", originally made famous by Nancy Sinatra. After its release, songwriter Lee Hazelwood was offended by Mustaine's hilarious reworking of the lyrics, and eventually forced the band to issue later prints of the album without the song. It appears for the first time on CD here, but in a surreally censored fashion, since Hazelwood still has yet to grant permission to Mustaine to release the cover in its complete version. So instead of hearing all the lyrics, all the naughty bits are "bleeped" out. (http://www.popmatters.com/music/reviews/m/megadea th-killing.shtml)

    However, it appears unlikely that the reissued album will include MEGADETH's cover of the Nancy Sinatra classic "These Boots Are Made For Walking", which appeared on the original version of the CD, after the original writer of the song, Lee Hazelwood, refused to grant the group the rights to re-release the version of the track that appeared on Killing..., seeing as it contained slightly altered lyrics to the original, thereby requiring Hazelwood's consent. "Sadly, we were forced to make a decision," Dave stated in his posting. "Do we put 'These Boots' on as an instrumental, do we sing it again in the original format with his lyrics, or do we just beep out all of my lyrics that I added? I decided for now, not to have it on the record if it means that we have to censor ourselves to appease this person. I have also written a statement about what happened, and why it isn't on the record, for inclusion in the liner notes. (http://www.blistering.com/news/newsdet.php3?ID=22 93)

    --

    sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.
    1. Re:The Megadeth issue is about royalties, though. by Katharine · · Score: 1

      Based on what jea6 posted above, it appears that the Megadeth issue is about derivative works, not about recording a "cover."

      If you base a new work on an existing work (different lyrics to a tune in this example), you have created a "derivative work" which is a kind of copy that requires permission. It's not the kind of copy/performance that is covered by the compulsory license. That's why they could include the song as an instrumental (no new lyrics added) or with the lyrics bleeped out (no new lyrics added), but not with the new lyrics without paying the fee Lee Hazelwood demanded.

    2. Re:The Megadeth issue is about royalties, though. by jea6 · · Score: 1

      Thanks for the clarification. I couldn't find the words to properly describe what the difference was.

      --

      sarchasm: The gulf between the author of sarcastic wit and the person who doesn't get it.
  38. There is no lock-in effect by MattW · · Score: 4, Insightful

    The author is wrong, because there is no lock-in effect. Ebay, which is cited as an example, has a lock-in effect because with buyers and sellers, each additional buyer or seller increases the total pool available to each other. Ebay creates the lock-in effect by acting as a middle-man.

    There is no such lock-in effect for a filesharing service. A company like google can simple mass-burn CDs, or auto-download mp3s from elsewhere on the net and analyze them automatically for quality. If they can put catalogs online by the hundreds or thousands, they can certainly manage mp3s, given they are fully digital.

    An example of a company that DOES have a lock-in effect is Lending Tree. Again, like Ebay, they act as a middle man, in this case between lenders and loan consumers. The more banks they have, the more choices consumers have and the more likely they are to want to see LT's deals. The more consumers they have, the more potential business that pool represents, and so they are more likely to attract banks. (And that's why they were bought out, since it was becoming clear they had passed the critical mass point for that lock-in effect)

    There is no middle-man after compulsory licensing. There will be some services will all music on them. You'll D/L whatever you want. So it's traditional competition to attract customers.

    1. Re:There is no lock-in effect by Minna+Kirai · · Score: 2, Insightful

      The author is wrong, because there is no lock-in effect.

      The author is still right, but "lock-in effect" is mostly a red herring. Ebay has lock-in because the seller only has one physical product to deliver. Digital music files have no "conservation of mass" restriction to them.

      When/if compulsory licensing happens, the best way to search for a file will be on a centralized server-cluster. That requires software development and a big capital investment, two things Google has been mastering over the past 5 years.

      Meanwhile, Kazaa (and other, even less-viable P2P companies) have been squandering their efforts on distributed searches to evade legal responsibility. If that legal danger is removed, then their investment will have been worthless, and they'll never catch up with "Google Share" for finding files.

      Now, it's true that we can't accurately predict that compulsory licensing will make Google the winner of the P2P war, or even that there will be only one winner. But the clear observation is that the victorious companies will be taken from the existing web-search market, not the P2P-services space. The "P2P United" tradegroup is truely working to obselete themselves.

    2. Re:There is no lock-in effect by bar-agent · · Score: 1

      I'd say the author might be correct, but not because of a lock-in effect, but because of the power law. Google is on the A-list, and it will stay on the A-list. People will prefer Google to new companies since they know about Google.

      See this page.

      --
      i'd hit it so hard, if you pulled me out you'd be the king of britain [bash.org]
    3. Re:There is no lock-in effect by one-of-many · · Score: 1

      If you are interested...
      The economic effect your are referring to is more frequently described as a network effect. Lock in is more frequently used to refer to switching costs.

  39. eh? by fetus · · Score: 1

    When did Google become relevant on this topic? That's like seeing the headlines "And Brazil wins World War 2!"

  40. Who needs RIAA anyway? by ezh · · Score: 1

    With the technological breakthrough, it is now possible for bands to deliver music to the fans without RIAA acting as a middleman. How much money a band gets from a sold CD? 5-7%, if they are very lucky? Or 10% if they are as greedy as Metallica. Which means that RIAA gets 95% for being a 'mediator' - hardly a fair share. I certainly would not mind paying $1 pur album and buy it directly from artists. So, that is what is wrong with the system - the ones who got too powerful simply do not want to go away.

  41. P2P Network? by LPetrazickis · · Score: 1

    Slashdot is a P2P network.

    Which part of Slashdot's client-server model screams peer-to-peer to you again? It's really very simple. In a peer-to-peer model, your browser would be directly connecting to other browsers. In a client-server model, you make content available through a common centralized server. Very simple.;)

    --
    Is this a sigs-optional kind of place? 'Cause I am totally down with that if you know what I mean.
    1. Re:P2P Network? by Carlos+Laviola · · Score: 1

      Slashdot is a peer. You're a peer. Welcome to peer to peer.

    2. Re:P2P Network? by Minna+Kirai · · Score: 1

      You're a peer. Welcome to peer to peer.

      The average person's ISP forbids her from recieving inbound HTTP requests on port 80. She cannot be called a peer to slashdot, or any major website, until consumer-targeted TCP/IP access services become fully bidirectional.

  42. Screw RIAA and the Artists! by tjstork · · Score: 3, Insightful


    The rest of us don't get government protected handouts when technological advance makes our skills obsolete.

    We don't rue the loss of the welder's job, the steelworker's job, the woodworker's job, the craftsman's job, the accountants job, when a machine makes it unnecessary.

    So, why all of a sudden does an INDUSTRY deserve protection. You don't need to have an industry to distribute music anymore, and you don't need to have a select few artists be turned into mega stars. Now, everyone's opinion, art, and songs can be pushed out there.

    Napster, Kazaa, the web, just reflect a basic economic reality. The supply of content is infinite and so the value of the commodity is zero.

    Being in favor of copyright laws in the digital age is like trying to bring back the horse and buggy. Being in favor of the "intellectual property era" is like trying to where the catholic church was right before they had this thing called the renaissance.

    We are now going through a second renaissance. So far, American industry seems hell bent on trying to stop it. It ain't the Terrorists that will sink the United States. It will be the gradual realization that intellectual property is absurd and that trying to enforce this artificial monopoly on the world is morally wrong.

    --
    This is my sig.
    1. Re:Screw RIAA and the Artists! by Anonymous Coward · · Score: 0

      Well said. A voice with balls in the choir of mediocrity. I'm no freeloading kiddie. I'm not a 'consumer' , I write and produce music, hack out code and create all kinds of content. Been around the block a bit since PDP11s were the latest thing. In the last 30 years I've watched Copywrite and Intellectual property change from the well intentioned principles I studied at law school into a an evil empire of obfustcated nonsense that only serves the rich and powerful corporations. Don't get caught up in half arguments about how this licensing scheme or another might provide a new model. That new model will only be hijacked in exactly the same way by the greedy bastards. IP issues (which are essentially trade issues)are the next biggest threat to human development after war/terrorism, disease and famine. All of our economies are choking under out of control draconian legislation. Biotechnology, affordable drugs, transportation, communications ,food technology - you name it, crippling patents, trademarks and copywrite are holding back every front of human endeavour. Music and software are just one small plot of the battlefield, but it is an area where we can win a battle that will change the war. It is your DUTY to share files, to freely distribute music and information that has cultural value. Do not be taken in by the argument that this adversely affects the economy - if anything it can be proved that it stimulates the economy. It will force a well overdue change in trade paradigms by kicking the crutch of IP from under the lame corporations and forcing them to walk on their own legs again.

      To this end I became involved in a software project some time ago. At this point in time it is still shrouded in some secrecy, but some of you will know what I am talking about. We are essentially working on a filesharing system which can never be shut down and provides legal immunity to all participants. Its central algorithm is a distributed file system that imbues packets of data with 'intelligence' - the system stores files on EVERYBODYS (willing participants) machines in tiny encoded fragments. These fragments can commincate with each other to replicate or suicide and maintain a steady population. It is based partly on Conways Life and other genetic methods, and in part on Kohonens self organising map (a flavour of neural networks) This means that, although it takes some time, one can retreive a file from 'out there' which does not reside on any particular physical machine. In consequence no participant can be sued or practically cooerced since noone ever holds more than a tiny fragment of a file. Indeed many people will have no idea, nor care, what data is currently passing through their shared area. Distributed collective resposibility and decoupled culpability provide a bulletproof armour against the lawyers. The only legal solution is to ban the software itself - something not practical in any real sense.

      btw - when you say screw the artists, as an artist I take no offence - I know what you mean. But please remember that many of us artists, hackers and geeks out there are working very hard to secure your future against corporate greed.

    2. Re:Screw RIAA and the Artists! by neptuneb1 · · Score: 1

      We don't rue the loss of the welder's job, the steelworker's job, the woodworker's job, the craftsman's job, the accountants job, when a machine makes it unnecessary.

      That's just plain not true. Groups like the ones you mentioned have unions to protect their jobs, even if they may seem superfluous to you. The truth is that the RIAA is (more-or-less) a union for artists, etc. While I may not agree with most of what they do, I can see where they're coming from--unions are supposed to protect their members, even if that means ignoring modern technology, and that's exactly what the RIAA thinks its doing.

      --
      No.
    3. Re:Screw RIAA and the Artists! by Anonymous Coward · · Score: 0

      What a shame then it fails to protect artists from:

      i) Deals offering the artist less than 1% net sales.
      ii) Contracts that often leave the artist IN DEBT
      iii) Outrageous terms that often lock the artist in for 5-7 years
      iv) Exclusivity clauses that are tantamount to slavery

      But wait a moment, the artist has a choice...oh hold on no she doesn't.

      But then the public have a choice right...oh no hold on they dont either.

      Lets wipe these parasites out.

    4. Re:Screw RIAA and the Artists! by Syberghost · · Score: 1

      We don't rue the loss of the welder's job, the steelworker's job, the woodworker's job, the craftsman's job, the accountants job, when a machine makes it unnecessary.

      That's because we mostly aren't welders, steelworkers, woodworkers, craftsmen, or accountants; we're mostly the guys who make the machines.

      Ironically, a good many of us continually rue the loss of the machine-makers' jobs to people willing to do them for far less money in India.

    5. Re:Screw RIAA and the Artists! by Scroatzilla · · Score: 1
      The supply of content is infinite and so the value of the commodity is zero.

      I could not possibly put into words how mistaken this notion is, not only about music but about anything.

      Let's examine this: We're talking about how great Google is because it helps sort through (for all intents and purposes) INFINITE content. That is, there is too much of it for you or I or anybody to read all of it. Although as an end user you don't directly PAY Google, you may support them by shopping at one of their sponsors. Would Google exist with *zero* income??

      Okay, let's move this analogy to music. There isn't REALLY infinite content, but there is too much for anyone to listen to all of it. It is necessary to have a mechanism in place so that the best music gets put in front of people. It's deciding what's the best that's the tricky part. If making or finding good music had *zero value*, when would musicians have the time to make music when they have to do some other job in order to make money to live???

      As technical people, many Slashdot readers are lucky enough to delve into the core of what they love and make a living at it, be it coding or physics or biology. There is the usual political b.s. that is inherant in any job, but for the most part Slashdot readers are luckier than other people who just 'end up' somewhere, flipping burgers or dumping trash.

      But imagine having to dump trash every day from 7 am to 3 pm, and only after you're done can you dive into your code, or pick up your future Nobel Prize work where you left off. Because that's how musicians live. Turning pro involves making that tricky transition where you all of a sudden make enough money to live by doing something with music. If nobody could ever "quit their day job" because there is *zero value* in what they love to do, you'd have an infinite amount of mediocre music from people who are too tired and don't have enough time to perfect their craft.

      Just don't confuse the music *industry* and the evils of the RIAA with the artists, who have families and financial needs like the rest of the world, plus the burden of loving something that traditionally requires you to live a double life of doing x work during the day and music at night. Wall to wall work. *Nothing* has "zero value."

  43. Can you say forced by Archfeld · · Score: 1

    government subsidies for dying industries incapable of survivng on their own in the environment today. Kind of like the government mandating that we save the dinosaurs. I think I should have that as well, my employer keeps expecting me to produce somthing worthwile or they won't pay me, I should be able to just do what I want, and my 'right to profit' should be assured just like these assinine corporations seem to think they have a 'right' to our money...

    FARK EM ALL...

    Amazing Dutch and British TV only win awards issued by the Dutch and British governments sorry...
    Half the decent BBC biographies are produce by Lionheart in the US, for a market which will pay for them...Mandatory licensing is CRAP...

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:Can you say forced by Evil+Pete · · Score: 1

      We used to have TV licensing in Australia, I guess to support the ABC (an Australian version of the BBC). These days the the licenses are gone but the money just comes straight out of the Fed budget. Which causes problems because the feds want to manipulate the ABC because it is too leftist / rightist, depending on who is in power. This is not a trivial issue, the ABC sort of represents the role of a free press here since the local press will gladly roll over for the government of the day. TV licenses were hated and considered stupid, but I'm not sure the current situation is actually better ... seems worse to me.

      As for British productions. If they dont seem very good then that is because the BBC has been progressively starved of funds, like the ABC. It is not a good time to be a government funded but notoriously independent body. Or then we could always do the ideological thing and privatise it ... maybe give it to Rupert Murdoch or even Bill Gates ... I'm sure they would act as decent keepers of the light of democracy.

      --
      Bitter and proud of it.
  44. google already won... by ehrichweiss · · Score: 1

    The title killed me because it seems google already won the filesharing war. Think about it. Type in the name of your favorite program or song that you want a pirated copy of and I'll guarantee you'll find it available somewhere...and a crack to go with it. This isn't always true and google does a pretty good job of keeping the numbers down but it seems that it has been acting as a filesharing "program" all this time. Secondly, I know that some of us "old skewlers" are more than aware of at least 2 major filesharing programs that have been out since before there was a WWW-anything...I ain't evoking the names because I like the fact that not everyone is aware they even exist..much less that they could be used to download music. Not that I condone making the corporations lose their current marketing structure...nope...I *encourage* it.

    --
    0x09F911029D74E35BD84156C5635688C0
  45. Google cookie by pla · · Score: 1

    They still trumpet on about Google's immortal cookie yet fail to realise *gasp* Google does have user preferences and uses the cookie to track those preferences. Some small part of me believes that the Google reps never responded because they died laughing about... THE COOKIE.

    Although I mostly agree with you, I'd like to point out that you can "save" your Google prefs via the URL. I do not browse with cookies enabled, and Google remembers my defaults just fine - I go there via a bookmark, and the page I get has all my preferences set.

  46. No hard technological problem by harmonica · · Score: 1

    For example, there are a lot of mislabeled MP3s -- either the tags are "Unknown Artist / Track 8" or they're completely misspelled. Or you sometimes get the annoying thing where they're ripped from a compilation and the tags reflect that: the author is "Greatest Dance Hits" or even "Pottery Barn"

    MP3 ID3 tags can be matched against long lists of known song titles and group / artist names. Such lists exist, e.g. at FreeDB.org.

    Another need is that you might know a few lyrics of a song but not know who it's by or what it's called.

    Again, match against data collections. A huge indexed collection of lyrics is enough. These days, when looking for the name of a song it's more often than not enough to enter lyrics $text-you-are-looking-for into Google.

    Google has a bunch of smart people working for it, but I don't know if they'd necessarily have a head start on this problem. It's not the same as indexing the web.

    It's not the same, but it's quite possible and a lot of Google's existing technology can be reused. I've often searched for PDFs in P2P systems. It's a great help if these are indexed for full text, something Google is doing already.

    However, I'm not so optimistic about solving the legal problems as some other participants in this discussion.

  47. This just in, lawyer doesn't understand oss by jason0000042 · · Score: 2, Insightful

    So the article says that Gnutella et all are shooting themselves in the foot by trying to legalize music file sharing. I think he is operating under a bad assumption. He assumes that everyone that makes p2p software is doing it because they want to get rich.

    He is missing an important point. A large number of people that make p2p software do it because they want to be able to share music on the internet. That's it. That's the motivation. That ability is riches enough. Screw the money.

    --
    i don't like my old sig.
  48. Why NOT compulsary licensing? by JayBlalock · · Score: 1
    I think the industry is being rather dumb to pass on this so quickly.

    A quick attempt to dig up RIAA sales figures, of course, came up with a whole lot of contradictory information. So like any good researcher, I picked the one that best supported my argument. :D According to this article the total dollar value of CDs sold (or maybe just CDs shipped, not sure) is somewhere in the area of $14 billion.

    Now then there are, according to reports, 57 million people using file-sharing services. Let's create a compulsary licensing scheme, wherein everyone who uses file-sharing services ponies up $20 for unlimited downloads.

    Yes, only $20. The approximate price of ONE CD. Seems unreasonably low, no? And let's just take the unreasonable assumption that every one of those 57 million agrees to pay the fee. (but then again, it's so low a large number of them will, AND it will likely attract users who avoided P2P because of the notoriety and\or piracy issues)

    So then... $20x12 months is $240. And $240 x 57 million is... $13.6 Billion Dollars.

    So by going to a licensing scheme that is ONLY $20 a month per user, the industry can make nearly as much money as it did before. And that's not to say that file sharing will 100% replace physical albums - I expect they will continue to do brisk sales in those as well, since people will still want a professionally pressed hard copy, liner notes, CD-ROM extras, whatever. And I personally find it unimaginable that, in the short term, the value of CDs sold would drop 93% to under $1 billion dollars. In other words, they would quite probably make MORE money doing this.

    Just something to think about.

    --
    Bush: He's Liberal in all the wrong ways.
  49. This article assumes... by the_ph0x` · · Score: 1

    This article assumes that these companies are all about profit. Hate to burst their bubble but that isn't always everyones motives in life.

    --

    ---
    ps -aux | grep mind
    1. Re:This article assumes... by sirrube · · Score: 1

      Your Shareholders must be pissed at you.

  50. Filesharing doesn't have to include RIAA music by tompoe · · Score: 1

    Maybe filesharing can restrict RIAA to one channel, and non-RIAA to another channel? Maybe, just maybe, there will be a day, when independent artists are indexed on web sites, people begin to "discover" music that's as good or better than the RIAA stuff, and then, at some point, we'll see more people moving to fan clubs, and merchandise and supporting independent artists, and using p2p products that assure non-RIAA music. Don't write your Congressman, write your p2p company, and ask them for their non-RIAA music application.

  51. Google for filesharing by pdbaby · · Score: 1

    Surely google can already be used for file sharing? It caches a copy of all the web-pages that it crawls.

    If MP3 files were reduced to words so that google would crawl the page and index the terms, yadda yadda, you could simply use google's cached copy of that page to get a fast copy of a page regardless of the original user's speed?

    Now! Who's going to implement it in 128 bytes of perl?

    --
    Global symbol "$deity" requires explicit package name at line 2. - If only $scripture started "use strict;"
  52. Compulsory licensing & QA by MoreDruid · · Score: 1

    Heck, I don't mind paying a license if that means that the mp3/divx/whatever is in fact the thing I want, and not some virusinfested or fake 700MB download.
    As long as they keep the price low - they'll compensate enough through numbers - I wouldn't mind. I think companies are starting to realise that they can make a shitload of money on this scheme. Imagine what, 3 million unique downloads a day? 5 million? Even if you got $ 0.01 for each download, how much would that amount to in a year?

    --
    The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness.
    1. Re:Compulsory licensing & QA by miltimj · · Score: 1

      What's the payment system for a nickel-and-dime pricing scheme?... Unless you have a subscription... credit cards aren't realistic.

      --
      "Truth is not decided by majority vote" consensus gentium -- Norman Geisler
  53. Why would Google even want to? by MunchMunch · · Score: 1
    I agree.

    People have been predicting Googles IPO for years now. They haven't had an IPO for the simple reason that they don't care to. LawMeme assumes that because Google is a business, because P2P search results may have a large market value, and because they can (we may assume) do a P2P search well, then it must be something they're interested in.

    The problem with this is: Would Google evem be interested in P2P search results, even if it makes them more money? I mean, it sounds like a stupid question, but Google's philosophy has been simple: to not crowd their search engine with extra features that not everyone wants. This has often meant doing what will net them less money, at least on the surface of things (sponsored links separate from search results, no pop up ads, keeping search engine and refraining from becoming a Yahoo-style portal). However, they understand that this simplicity is their primary advantage.

    1. Re:Why would Google even want to? by Minna+Kirai · · Score: 1

      to not crowd their search engine with extra features that not everyone wants

      Welcome to planet earth, 2003, where Google is the most featureful search engine ever. "Hey, Google! What's the answer to life, the universe, and everything... TIMES two, plus PI?"

      You are confusing restrained user-interface design with lack of features. Google already has special searches for pictures, mass-media news, USENET news, and shopping sites. Oh, and Linux. If the legal minefields were cleared, adding a separate "P2P" tab to their search interface would be perfectly in line with Google's established growth pattern.

    2. Re:Why would Google even want to? by Wolfrider · · Score: 1

      --regarding Google's IPO...

      --I believe two things:
      o If Google IPO's, they will eventually DIE - because evil corporate bastards will come in, take over, and attempt to make Google into something horribly different than what it is today. In the process, Google's founders will lose control over the company and eventually be forced to do things they don't want to do, or (more likely) forced out entirely. Money or not, that's a Bad Thing(TM).

      o Deep down, Google's founders KNOW THIS. That's why they haven't IPO'd, and (God willing!) they NEVER WILL. If they do, they will no longer be the "coolest search engine on the web", with control over their product and vision, they'll just be another corporate takeover victim.

      --I'm hoping they learned a lesson from what happened to Mandrake, and (God bless 'em) they'll continue striving to be - and remain - the best search engine available anywhere. Period.

      --
      .
      == WolfriderV6 == I'm willing to admit that *I just might* be wrong... Are you??
  54. Thanks for the link!! by Anonymous Coward · · Score: 0

    claims Google will win the filesharing wars if a compulsory license is adopted.

    Wow!!! What a great link to a great site! I hope you do a story about this "Google" in the near future so that it gets the exposure it so richly deserves!

  55. Article also off topic by RovingSlug · · Score: 1

    The LawMeme article also felt off topic. Discussing the competativeness of business models and essentially picking the winner of the File Sharing Superbowl? I'm not certain that the merits of centralized versus decentralized file sharing warrants broad discussion, especially when the focus is only on the eventual popularity of the essential companies. I'd rather see an article on the deeper implications of compulsory licensing for file sharing.

  56. I'm an artist too! by tjstork · · Score: 1


    My company has a nuclear bomb in the back of a pickup for a logo.... :-)

    --
    This is my sig.
  57. Windoze network neighborhood by HermanAB · · Score: 1

    So, who's going to pay the license for windoze network neighborhood file sharing? Bill Gates? Not to mention VPNs. Get real.

    --
    Oh well, what the hell...
  58. The RIAA are idiots! by AstroDrabb · · Score: 2, Interesting

    They should come up with a consumer license. This license would allow a home user to download the songs they wanted and they would not be breaking any copyrights. The RIAA could charge $5 USD per month for this license. With an estimated 60 million Americans downloading files, that would generate 3.6 Billion USD per year! This doesn't even count the rest of the world that would bring this number into the tens of billions USD per year. They would be making FAR more money then they do now. This would also allow users to choose the way that THEY want to download music without all this DRM crap, OS/software requirements or copy protection. The file sharing services that offer the best features would rise to the top. If the RIAA would let me run thier organization for one year, I would bring in SO much cash they wouldn't know what to do with it. People love music and are willing to pay a FAIR price for it, on their terms. However, people are not willing to live with price fixing and over priced music and worse of all to be painted as a criminal for listening to music.

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  59. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  60. Re:Slightly offtopic, but shows google's high spot by SlowMovingTarget · · Score: 1

    elgoog == Spanish Google?
    (ducks)

  61. Compulsory-licensing and micropayments converge by Minna+Kirai · · Score: 3, Insightful
    Let's assume that the big public support for fileswapping pushes the US Congress to take a compulsory-licensing approach to legalization. There are two paths it can take:
    1. Canada style: All citizens pay a tax which goes to buy content. This can be either per-capita, fraction of income tax, or a charge added to the sale/lease of fileswapping equipment/service. The government totals up all that money, and doles it out to performers in proportion to a statistically-estimated measure of their work's popularity.

      We can all imagine problems with this scheme- the overwhelming financial success of pornography is the only the most cringeworthy of the drawbacks. But I can imagine a nation experimenting with this scheme, if various controls are added to keep it "clean". Of course that leads to ways for the gov to softly censor creative thought, by withholding funds on obscenity grounds...
    2. US style: Taking a cue from the existing compulsory licensing of sheet-music from one performer to another, this system would permit anyone to duplicate copyrighted content, as long as he paid the author. That fee would be determined by a 3rd party, and the author would have no chance to forbid duplication by declining the fee. (Well, it's likely that works won't be subject to compulsory licensing until being published in some way. Privacy of rough-drafts won't be destroyed. But no "artist" can make a living without publication at some point)

      This would be the system that P2P United lobbyists will prefer, as it gives their companies a reason to get paid in the future. Somebody has to monitor what files are duplicated, and transfer the set-fee to the deserving author, and some Napster-like system could handle the job. Oddly enough, this shift responsibility for punishing unauthorized filetrading to Kazaa.com and its ilk- users are only allowed to trade through official channels, so passing files by email or floppy-disk will have to be punished!

      The funny part about this style of licensing is that once the system gets established, it'll look just like a mature, micropayment economy. Listeners download from Kazaa, Kazaa records what they took and each month prints out some cumulative paperwork: a bill for each subscriber, and a check for each musician. They'll take on exactly the business niche that micropayment middlemen want to occupy.
  62. Yeah Microsoft.... by greymond · · Score: 1

    will actually win the Linux war since "Why wouldn't they want to tap into this growing market"

    hmmm....what a valid reason? NOT...how about I just want to jock google for reason....

  63. From the article... by indros13 · · Score: 1
    ...Google, despite its power, has been a pretty benign dictator so far.

    I, for one, welcome our new Google overlords.

    [/transmission]

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  64. Hrm... by Anonymous Coward · · Score: 0

    I'm not sure I'll believe anything coming out of the same mouth which did say this:

    "... By June 6, this spoof has 105,000 hits. Most of these are due to Slashdot, a geeky forum with lots of noise and juvenile humor..."

    How dare they call us juvenile and noisy! I say we send them troll mail until they're pissed off enough to respond to us... then we pour hot grits down their pants!

    ... then we'll go get us some Portman.

  65. Compulsory License as Defined By Law by IPlawerinthehouse · · Score: 1

    Compulsory Licenses allow third parties to copy, perform, or distribute certain types of works without the copyright owners permission, in exchange for which the third parties must pay a predetermined royalty amount. In relation to filesharing, Title 17 of the US Code requires that a compulsory license be obtained only if the primary purpose in making the phonorecords is to distribute them to the public for private use. It is not available for phonorecords intended for use in background music systems, jukeboxes, broadcasting, or any other public use. What argument could Google make to get such a license under the current law which limits the granting of a compulsory license to such few circumstances? It seems that Google would have to obtain a negotiated license from ASCAP/BMI/SOCAN and similar agencies, in order to to be the first company to legally succeed in legitimate filesharing of copyrighted works. If other broadcast mediums had to obtain these license why can't filesharing companies negotiate them????

  66. Google watch are dodgy - link by sbszine · · Score: 1

    And some more alarming privacy issues are listed on http://www.google-watch.org/.
    For anyone who might be about to take Google-Watch seriously, please have a look at Google-Watch-Watch before you make up your mind.

    --

    Vino, gyno, and techno -Bruce Sterling

  67. Use Google now? by TomRC · · Score: 1

    Couldn't one of the distributed P2P services be designed to automatically post available files to a web page for Google to index? Maybe list each users' webpage in a central directory for Google to index through - no content references in the central index to cause copyright issues.

    A little app would use the Google libraries/API to search the Google index for the file you want to download. Auto-open pages and check for the P2P index format (i.e. not a mistaken hit). Parse out the lines pertaining to the search and display them to the user to select from. When they pick one, use the P2P connection info from that webpage to send a file transfer request or requests.

    Since Google doesn't instantly index newly posted content, you could also list "interests" on the webpages - so if you want a newly released file, you could fall back to searching for file-share pages of users who share your interests, and then send search requests directly to their fileshare software.

  68. Compulsory License is this . . . by werdna · · Score: 1

    The essential "property" attribute of "intellectual property" is this: the right to exclude. Like the right to have you ejected from my living room if you park there for lunch, my patent, copyright, trademark or trade secret ordinarily gives me the right to have you enjoined from infringing corresponding "exclusive" rights.

    This right to exclude has some useful economic by-products that make up the package of incentives that are associated with the IP monopoly. An owner may use exclusive rights to exclude competitors from exploiting the technology to keep a competitive advantage, to license those rights to others to generate revenues, or to use exchanges of license to obtain freedom to act in other areas.

    The idea is that the limitations on the IP monopoly (fair use in copyright, term in patents, and so forth) keep the exploitation of the rights in check, and the market can decide -- case by case -- as to the value of the property.

    But there are other cases, where the very type of the IP makes the grant of an exclusive right inconsistent with the societal balance that IP is all about. In these cases, the Congress determines that it will permit the right to exist, but will not make the right exclusive -- the owner cannot prevent a user from using the right, but the user will have to pay something to proceed.

    The difficulty with a so-called "compulsory" license, is that there is no market to determine its royalty price. The monopoly is treated much like any utility, and the government or some independent association is used to determine that price.

    In short, a compulsory license is a license that the owner cannot prevent an individual from taking, subject to terms fixed by some independent agency. It is a mixed bag, yet another form of balancing the inherent conflicts of IP policy.

  69. Author = Moron by speedplane · · Score: 1

    Just because google is really good search engine websites doesn't mean that it will be #1 for searching for MP3s. Yes they have very smart people working there. But give me a break there are smart people everywhere. Google is just as likely to buy a p2p network as microsoft or intel or k-mart. This article is about nothing written by someone who knows nothing.

    --
    Fast Federal Court and I.T.C. updates
  70. the light of democracy by Archfeld · · Score: 1

    would be carried forward very well by those 2 free market moguls, however the light of humanity would generally suffer...

    I see you point though there has to a middle ground somewhere, equally unpalatable to all...
    98 channels on my cable system and they advertise showing the same movie 3 nights in a row like it was a GOOD hing instead of a lack of content. The addition of a station dedidcated to everything has just allowed the broadcasters to spread out the same amount of content of 3 times as many stations and just triple the amount of commericals without adding any new stuff...Not bragging but my TV is rarely ever turned on, and even more rarely to anything not foorball, discovery, nova, or CARTOON NETWORK :)

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?