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P2P Filesharing vs. The Web

The Importance of writes "The recent RIAA lawsuits have raised many questions and issues, but the focus has been on P2P filesharing. Before there was P2P, though, there was filesharing via webservers. There doesn't seem to be much complaint about the RIAA shutting down people who upload MP3s to their homepage. Why do many people seem to treat http filesharing different than P2P filesharing? LawMeme has one answer."

58 of 222 comments (clear)

  1. People dont share much anymore by adamruck · · Score: 5, Insightful

    people dont file share anymore.. for the most part they just leach. Thats why if I use networks like direct connect that force people to share. People still try and get around that though.. its kinda sad.

    --
    Selling software wont make you money, selling a service will.
    1. Re:People dont share much anymore by Ishin · · Score: 5, Insightful

      People don't share because of the enormous constrains on upload bandwidth that broadband providers have made. My DSL line only has 256kbps up, with it only realistically transferring about 200kbps. Quite a bit better than dialup, but still pathetic when you're trying to transfer hundreds of megs of data.

      As a prior post mentioned, prosecution is another problem. The RIAA is attempting to quench the problem at the source, which is definitely the easier way to go.

      I'm not a big fan of neo-modus/direct connect, mainly because of DC++. It's made the sharing requirements for Direct Connect irrelevant. People get on as many networks as they want, and share 2-3 slots with about 15KB of upload between them all between about 10 different networks, making them effectively just leeches.

      Plus the requirements for DC servers have gotten so bloated that they basically require some amount of spoofing to even get on. I haven't used DC in more than a year, and the last time I did, most servers were requiring you to share 30-50 gigs of media, bigger than many casual file sharers actual hard drive.

    2. Re:People dont share much anymore by Frymaster · · Score: 4, Insightful
      Yeah, imagine that. People don't want to be prosecuted.

      it's more than that: people, once they understand the whole client/server model, get really slaved to that idea. they use their p2p app as a client used to retreive stuff from servers.

      this is why there hasn't been much outrage over the whole ftp/web sharing prosecution. joe average looks at the servers as being different, more dedicated. the servers as the "pushers and pimps" the clients are just "casual users and johns".

      at least that's how they see it.

    3. Re:People dont share much anymore by AKnightCowboy · · Score: 4, Insightful
      Also, restricting access to those with 50 gig share limits(I use hubs with 80 gig and higher limits) provides some sense of security to the major sharers. The people sharing on those hubs are the ones the RIAA wants to get, but they'll have a harder time if they need to have 50 gigs of share to connect to the server.

      Right. Where would the RIAA come up with over 50 gigs of media content? It's not like they own all the music in the world right?

    4. Re:People dont share much anymore by muzzmac · · Score: 2, Informative

      Mine is an even more fundamental problem.

      I have a 3 GB per month download cap.

      My ISP has a no "Servers" rule. Large uploads gets you banned.

      I can't be a good server with my ISP Ts & Cs.

      Getting onto a better ISP for me is well... problematic...

      Regards...

    5. Re:People dont share much anymore by kscguru · · Score: 5, Interesting
      People don't share because of the RIAA/MPAA threats. Not legal threats - those are too new - but cease and decist letters.

      Most major universities (mine is in that crowd) turn a blind eye to P2P traffic... until they get a C&D complaint. The policy here: the networking people immediately cut off the connection. They will not turn it back on until a student says the offending file has been removed (honor code is involved - very serious honor code). And, if it really was the student's fault - that is, the student can't prove the letter was a mistake - it's a $80 reconnect fee.

      The university I'm at has ~15,000 students. They get several C&D letters a week - many are repeat offenders. Just about everyone I know (or rather, who understands how) cuts off their upload and leeches in order to avoid C&D-type problems.

      Get a single C&D letter, be out $80... whoops, there went the month's beer money. College students ain't stupid, not when it comes to getting that beer...

      --

      A witty [sig] proves nothing. --Voltaire

  2. Maybe. by Anonymous Coward · · Score: 5, Insightful

    Maybe because they got the ISP's to take down the servers, because they were hosted by the ISP's. P2P OTH isn't exactly an ISP hosted server, it's something differen't.

  3. Are you kidding? by Anonymous Coward · · Score: 5, Insightful

    Of course they are going after websites that are distributing their music. Just exactly how many sites have you found recently that contain working links to copyrighted MP3s? RIAA's recent lawsuits have nothing to do with P2P applications in particular. They are going after people who are distributing their music. Distributing music with today's P2P music applications is not much different than creating a webpage and registering it with a search engine.

    1. Re:Are you kidding? by SimplexO · · Score: 5, Interesting

      I point everyone to NameProtect. Their NPBot hit my page a couple of times before I told it not to. Basically, it scours your website and looks for songs. It then collects the links (not the music) and tries to get a bounty from the artist (?) by showing you that someone is sharing their music. It's other business model is that it can be contracted to find your music on websites.

      from robots.txt:

      User-agent: NPBot
      Disallow: /

    2. Re:Are you kidding? by rmohr02 · · Score: 2, Interesting

      Yes--there aren't many webpages with links to music files. However, when a webpage like that is found by the RIAA, they sue the person who put the webpage up--not that person's ISP, not the engineers of the HTTP spec, and not the writers of the HTML spec. I'm actually glad they're going after users instead of the people hosting servers (though I think they should send C&D letters first).

  4. hmmm by potpie · · Score: 2, Interesting

    P2P is more popular than web-based sharing, so the RIAA can find more targets.

    --
    Esoteric reference.
  5. Old Fight by mphase · · Score: 5, Insightful

    There has been outcry over sites being shutdown for mp3 serving, it's was just a small shortlived outcry that was solved by Napster. If p2p is ever succesfully shutdown they will be an instant rush back to http mp3 trading.

  6. We need to use P2P by Anonymous Coward · · Score: 5, Interesting


    We need to use P2P as the official file distribution system for Linux. I think we should replace the whole ftp web based style with a clicknrun gui style P2P system for file distribution.

    1. Re:We need to use P2P by aardvarkjoe · · Score: 2, Informative

      You grab a MD5 sum from a trusted source, so you can verify that the file hasn't been tampered with.

      But like another poster said, P2P isn't great for low-demand things like most software. Right after release, it works well (and we've already got that covered with Bittorrent), but I can't see it being useful after that first window.

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    2. Re:We need to use P2P by aardvarkjoe · · Score: 2, Informative

      That's sort of bizarre. (On the flip side, my bittorrent download speeds usually max out my cable connection the whole time.) Have you tried capping your upstream to something reasonable?

      --

      How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
  7. Um by Anonymous Coward · · Score: 2, Interesting

    Because the majority of people use P2P software, so therefore that is what the RIAA targets.

  8. Simple. It's easier. by greymond · · Score: 4, Insightful

    The Novice user does not understand how or what "an FTP" is and does NOT know how to "send/upload" files to his "website" let alone create a page to link them.

    As far as the person getting them. some may not even know how to get it to "stop playing in the browser" and actually save it to the desktop using right click (option+click if 1 button)

    Not to mention the fact that when you type in "Britney Spears MP3's" in google you get anything BUT Britney MP3's... let's be reasonable here.

    Even the most basic user can figure out how to install a program (in windows everything is "I agree" - "Next" - "Finish" - "Done") and type in a song name and grab it or share it.

    1. Re:Simple. It's easier. by Anonymous Coward · · Score: 3, Insightful

      First: a big % of the people using p2p or IRC seems to beleive that they are anonymous and/or don't believe it's going to happen to them. But almost every web site owner is aware that he/she can be retraced quite easily.

      2nd: I really really really don't understand why people don't use USENET (newsgroups) more often. I mean it is simple, clean, quite a good deal more anonymous that anything else (if you are using private accounts). It is fast and loaded with good stuff. I use it ALL THE TIME and couldn't be bothered to use a p2p or anything else for that matter (plus the pr0n is good ;))

    2. Re:Simple. It's easier. by inburito · · Score: 3, Insightful

      USENET a) isn't free b) has a crapy signal to noise ratio, except maybe if you are looking for porn.

      Well.. a) actually it is. but because of b) you pretty much have to pay for it to actually get anything more complex downloaded. At the current volume it is pretty much impossible for anyone to capture the whole feed without substantial investments and that costs money. There are lots of free servers and even as close as 5-6 years ago most of them were carrying the binary groups too but it just doesn't make sense anymore.

    3. Re:Simple. It's easier. by AvantLegion · · Score: 4, Funny
      >> (in windows everything is "I agree" - "Next" - "Finish" - "Done")

      Windows: "We have the right to stick it to you anytime we feel like it. You will, in fact, take this lying down."

      User: "I agree"

      Windows: "By continuing this install routine, you agree to forefit all rights to your computer, worldly assets, and your wife."

      User: "Next"

      Windows: "Remember, Thou Shalt Not Worship Any OS But I. Are you still trying to fight this, or are you finished?"

      User: "Finish"

      Windows: "Thank you for installing. Your computer now has 5 new pieces of spyware. Your privacy is....

      User: "Done".

    4. Re:Simple. It's easier. by zakezuke · · Score: 2, Informative

      True. The other day I was moving files around between my Mac and Windows machines, and it was only after about ten minutes of dragging and dropping in Explorer that I realised I was using an FTP connection to the Mac rather than a network share (SAMBA).

      Additionaly, this fuctionality is built into microsoft office 2k [can't remember if it was in office 97]. You can easily save file to ftp://blablabla.com. This feature when I started using it didn't seem to be in another other "save as" dialog box.

      People may be critical of microsoft but this is a good and useful feature! Adding FTP as an option to "my network places" was a major bonus which resolved the issue of not all "save as" boxes supporting urls.

      (OTOH, that means it was keeping the FTP password around somewhere, so that could be a security problem if you were using a public access machine.)

      Not at all... all you need to do is use the "syntax" ftp://user@site.com and it will prompt for password rather then ftp://user:pass@site.com. Agreed there is an option to remember password, but it's foolish to check on it on a public access machine. Make sure that "remember password" is selected off. This goes without saying that you should change your passwords often if you are using a public access machine.

      --
      There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    5. Re:Simple. It's easier. by Anonymous Coward · · Score: 3, Interesting

      Yes, sharing files by P2P is easier than having them on a website, because you're using software that is purpose-built for the task. And in general, P2P software makes it easy to share files, and trys to encourage you to do so. IE ain't about to do that.

      But more important, I've got 10M of disk quota from my ISP for a website. I've got an old computer with a 20G hard drive running a P2P program. Which one you think is going to work better for sharing files? I suppose I could set up my own web server, but it's unlikely to be anywhere near as secure as a single program that only opens up ports for a single task.

      Obviously people who are overly worried about people knowing what files they have shouldn't be sharing files. But with a website, Big Bro can just look over your offerings and decide what he wants to bust you on. My P2P program will only admit it has a file if you search for that particular file, or at least, a search term that has a match. Big Bro can't just have a list of everything I have available, so he can't append a screenshot of 600 filenames to his court papers.

    6. Re:Simple. It's easier. by corbettw · · Score: 2, Insightful

      As long as we live in a world where ads for UNIX programmer jobs list "FTP" as a "required skill", people will prefer P2P networks over anything else. It's not that it's hard, it's that it's *perceived* to be hard.

      --
      God invented whiskey so the Irish would not rule the world.
  9. Its easier by Anonymous Coward · · Score: 4, Insightful

    To share files via P2P programs like Kazaa than it is to say build a webpage, upload it and maintain it.

    Also Webpage sharing is also harder to do say anonymously or at least with that feeling. Given you need a credit card and least some sort of contact info it appears to many that Kazaa is safer.

    and The final reason is ...... Its trendy to do it P2P style after all HTTP isnt nearly as sued as say Napster was.

    OT- Does anyone know of a good Open Source Windows 32 Platform Firwall?

  10. Err... by DrEldarion · · Score: 4, Insightful

    The reason is pretty simple.

    People uploading stuff to webservers: takes a semi-technically inclined person to do it, webspace costs money, webspace is a lot more finite than hard drive space, doesn't get much traffic, doesn't get spread "virally".

    P2P: Any Joe Schmoe can do it, it gets a LOT of traffic (millions of people on P2P networks, it's free, you can share as much as your HD can hold, due to the easy searches in P2P you get more traffic, files spread "virally" - one person can rip something and the next day hundreds can have it.

    -- Dr. Eldarion --

    1. Re:Err... by good-n-nappy · · Score: 2, Insightful

      Those are the technical and practical reasons why people do it. I think there is also a subtle ethical difference. P2P can feel more like a community than a service like the web (not that it usually does). In Kazaa, for example, I think you can send messages to other people on the network.

      So there is basically a progression from instant messaging to P2P. In instant messaging, you basically "know" everyone you're connected to. In P2P, you don't really know anyone you're connected to. But in both you can transfer files.

      So you can basically pick points along the spectrum of "I know who I'm sharing with." You can go to friends of friends up to however many degrees of separation you want to allow. Well, I guess past 6 there's no point ;)

      --
      Never underestimate the power of fiber.
    2. Re:Err... by yukster · · Score: 2, Interesting

      Because most broadband providers in the US (Time Warner, for example) specifically prohibt residental-class customers from running web servers, and get royally pissed if you start sucking down huge amounts of bandwidth.


      I've wondered about this though... I mean, yeah, you're not supposed to run a web server, but if you've got a p2p program running 24/7 with all your slots full all the time, what's the difference? It's almost certainly more bandwith than running your own little web page that will never get any visitors after your aunt Tilly and your girlfriend go there once. I'm really surprised--and almost scared to even speak about it--that we haven't heard about more ISPs cracking down on p2p usage due to bandwith concerns.


      I wish more companies offering symmetric broadband--like speakeasy--would spring up. (Speakeasy's a bit too pricey for me right now...) Then again, maybe that's why the big ISPs aren't making a stink... they don't want to rock the boat.

  11. No-one really defends the sharers by evil_roy · · Score: 3, Interesting

    "There doesn't seem to be much complaint about the RIAA shutting down people who upload MP3s to their homepage." - these people are the sharers,the copyright violators. The outcry over P2P prosecutions are related to the loss of files to leech. Grabbing the files is not the problem, making them available is.

    If all the leeches were using websites to grab their music then there would be an outcry, but they don't - they use P2P so that is where the focus is.

  12. http by BWJones · · Score: 3, Insightful



    Of course running your own server has its advantages. However, most of the folks with their own servers are not the people that use the PTP services. The folks relying on PTP are often fairly unsophisticated computer users who are looking for the latest song for free and are unknowingly relying on a infrastructure to find their songs. They don't know how it works, they just click and the song comes through for free. Hosting your own server requires a little more work which the vast majority of people are not capable of performing. (Although Apple is lowering the requirements for hosting your own Apache server significantly. One click and you are live.)

    --
    Visit Jonesblog and say hello.
  13. Shades of grey... by Elfan · · Score: 2, Interesting

    Because an http server with files to download is more black and white. Either offering those files is illegal or not.

    With a p2p network its much more shades of gray. Some people offer the latest Britney, some offer all stuff from IUMA, but most are in between.

  14. Two reasons by Rew190 · · Score: 3, Insightful

    Two reasons as to why more folks are hunting for MP3s on filesharing (and why these reasons have made it mainstream), hence RIAA's attention:

    1. Easier to find files- download one app and do a search as opposed to having to hunt down different webpages for different files and all of the hassles included with that approach (dead links, 401s, etc).

    2. More files available on filesharing (generally speaking).

  15. Riaa doesn;t need to shut down webservers... by flogger · · Score: 5, Interesting

    I post my MP3s on my personal webserver in a streaming Jukebox so I can listen to my rightfully licensed music at work. but Google got ahold of my collection and returns my site with certain searches. I then ended up on a few H4x0r5 WAREZ-MP3 lists. Needless to say, within a week of this "publicity" my bandwidth was shot to hell. The RIAA doesn't need to shut down those that put MP3s on servers. Other leeches will take care of that for them.

    On a side not, I still get occasional mails from people that find a google listing and ask for access to a certain song. I can deal with that.

    --
    ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
    "First things first -- but not necessarily in that order"
    -- The Doctor, "Doctor
    1. Re:Riaa doesn;t need to shut down webservers... by jeffkjo1 · · Score: 4, Insightful

      It's fairly easy to put a robots.txt file in your top level server tree to tell google to mind its own business. You could also password protect stuff.

  16. hmmm... I wonder... by Anonymous Coward · · Score: 2, Funny

    This is such a mystery, hmmmm... let me think about this for a while....

    I think I got it!
    I think it might have something to do with p2p being about 500 times more widespread as a way for mainstream folks to download music.
    I'm a genius I know.

    I don't think many non-geeks use anything but kaaza and the like.

  17. The personal touch by phoneyman · · Score: 4, Interesting

    I think Mr. Miller at Lawmeme has it right: filesharing is more personal. A user can watch people upload the files, and enjoy the feeling that others enjoy the same music as he does; he can see what other people are searching for (primarily pr0n from my own experience); he can add, modify, delete files on the fly - in short it's a much more personal experience to share files from your PC using P2P than it is to offer them up on a website. Particularly if the website, like most, is hosted by a computer that you don't directly control. Further P2P is new. It still has that "new car smell" about it. It's also easier for the average user to install some software, fire it up, and click-and-share away. Most users are probably intimidated by HTML - even if they don't have to generate any, the idea of it will drive people away. They have the feeling that creating websites is hard, and that it's something they cannot do. They can, however, share files. Pierre

    1. Re:The personal touch by Elfan · · Score: 2, Funny

      This is a good point. I always get a warm fuzzy people when I see people downloading linux isos or MMA clips from me and it is kind of fun to laugh at at the people searching for "dog cums in pregnant women divx."

  18. more users by inkedmn · · Score: 2, Interesting

    i think the "learning curve" for using apps like kazaa and naptser is much lower (and much more highly publicized) than regular downloads via http. and with more publicity comes (naturally) a larger number of users, and subsequently, a larger number of files being downloaded. the RIAA was probably able to deal with a small amount of "piracy" the same way a software company would be (since it's just the nature of the business). but once P2P gained international notoriety and everybody and their 12-year-old cousin got broadband, a cd burner, and kazaa, the number of files and instances of filesharing shot right past the "acceptable" level

    --
    well, it's nothing one behind the ear wouldn't cure
  19. Not practical unless you run the webserver by Cska+Sofia · · Score: 2, Insightful

    Unless you host your own webserver, initially uploading enough of your files to make your site useful to downloaders would take far too long and be far too costly in terms of bandwidth.

    With a P2P application you make your entire library of files available to the network with practially no setup.

    This makes HTTP sharing pretty useless to anyone who can't/won't run their own webserver (which, I imagine, covers a large proportion of current P2P users).

  20. Hitting the target by ArmedLemming · · Score: 2, Insightful
    P2P really helps narrow down responsibility for shareing. With http, you've got:

    • The ISP
    • The webhoster (customer of ISP)
    • The sharer
    ISPs have rights, and navigating through their rights to find some wrongs isn't worth the fight. Go for the source and if you can't snuff it, try to limit it (like using scare tactics/lawsuits)...

    --
    Two fish swim into a wall, one turns to the other and says, "Dam".
  21. Not the same attck at all. by BrynM · · Score: 4, Insightful
    "Why is there no outraged defense of http filesharing?"
    As for why there hasn't been as much defense of HTTP filesharing, HTTP itself isn't under attack. The RIAA has been steadfast in trying to kill P2P networks altogether and haven't gone after Apache, Netscape or MS because there are big players involved with the server architecture who have extensive legal and market battles under their belts (MS especially). Napster was an easy target (small and inexperienced) and a great example to publicize the fight against piracy since it was starting to get media attention, much as the web itself did just a short couple of years before. This is in fact one of the arguments against the RIAA's actions mentioned over and over by P2P defenders.

    I'm kind of amazed that the article's author missed this if he did any background research at all.

    --
    US Democracy:The best person for the job (among These pre-selected choices...)
    1. Re:Not the same attck at all. by BrynM · · Score: 2, Informative
      What nerds like you fail to understand is that the RIAA sued Napster the Corporation, not Napster the network protocol.
      You may not remember that FTP, Usenet and IRC were rife with all kinds of pirate material up before Napster came along. Most were only a Webcrawler search away (and it looks like they still are). Warezing music helped lead to the popularity of MP3 in my opinion and experience. Napster was merely a new architecture and interface.

      And dude, don't insult just because you disagree. It just makes your argument sound childish and dilutes your credibility.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
  22. Cat and mouse by lurker412 · · Score: 3, Insightful

    The protocol is beside the point. The evolution of file sharing has been largely a game of cat and mouse since its inception. The cat has not changed, but the mice have adapted and will likely continue to do so. If the cat suddenly gave up on mice and chased birds instead, HTTP would not be the technology of choice for file sharing, at least not for free. P2P with a central directory service is more efficient.

  23. Watch out for legislation by One+Louder · · Score: 2, Insightful
    One big problem is that as the RIAA and its Cthulonic brethren attempt to craft legislation to kill P2P, they are very like to come up with definitions of functionality that also encompass HTTP, FTP and other protocols.

    After all, there's really very little functional difference between P2P and HTTP - it's a negotiation between two machines to provide data to each other. P2P is really just a client/server pair per machine.

    My Mac is running both Apache and Safari - what would distinguish it functionally from a P2P client?

  24. P2P & HTTP Replaced By B2P? by Anonymous Coward · · Score: 4, Interesting

    While P2P and HTTP may be excellent ways of file sharing, for better or for worse, the RIAA _will_ stop them. Right now they have attacked legally, which is leading P2P developers to make some advancements in the way of encryption, anonymity, etc. The RIAA seems to realize, now, that there really is no way to stop technology. We have already won.

    Now they are taking the overused advice of "adopt a new business model", which seems to be services such as Apple's iTunes Music Store (Soon for Windows), BuyMusic.com, Rhapsody, and soon Roxio Napster 2.0.

    The new RIAA attack plan is to offer B2P services. The problem? DRM. If I buy a CD from iTMS, for example, it may be $9.99. I would buy the same CD in store for $14.99. No, I'm NOT paying five bucks for the album art, professionally burned CD, etc. I'm paying for the right to do with it what I want. There's something about having "SOMETHING" in your hands. They can't take that away from you, like they can with digital music.

    P2P for me is a way of sampling music before buying the CD. This will never be replaced by a $0.99 deal, since I like to download it, and listen to the song throughout the day. At work I listen to different music than at home. At night, different music from the day. Walking music is different from sittin' or driving music. Rhapsody fails here, so does iTMS... you can only sample certain portions, while in front of your computer. It's not the same.

    Why P2P is better than HTTP? It's easier. More people use it, than HTTP was used for MP3 trading. Does it matter? No, B2P will overtake them both. There IS a large number of people who ONLY want digital music, that's why they turn to P2P. These people will turn to B2P once it becomes "mainstream."

    For the most part the RIAA doesn't have to do legal battles any more (though it is a nice source of income), they can attack it by offering new online services, just as EVERYONE has been saying for years. Me, I'll stick to brick and mortar, and P2P though.

  25. Where are those websites with illegal MP3? by tungwaiyip · · Score: 2, Insightful

    The article suggest that there are many websites infringing on copyright by providing illegal music down. And the magnitude is at least comparable to P2P file sharing. The author is surprised that RIAA would tolerate such websites.

    Where are those websites? I find a lot of site with MIDI clip. But I hardly come across any with illegal MP3 download. If they exist they must be in such small number or is really obscure. Seems like the author is commenting on something of false premises.

  26. How many friends do you have? by geekee · · Score: 2, Insightful

    The last article talks about p2p as a private transaction vs. http as a public transaction, and uses the analogy of handing out cdr's on a street corner vs. giving a cdr to a friend. This analogy is flawed though. Most p2p transfers occur between strangers, so you're not giving a copy to someone you know. A better analogy is that p2p is more like having a person shout "who has a copy of the latest White Stripes cd" on the sidewalk, and having some stranger hand him that cdr. It's not a private transaction. Just a different search mechanism.

    --
    Vote for Pedro
  27. Obscure works by Ryu2 · · Score: 4, Informative
    The article makes a good point about "obscure" (I'm guessing they mean from the perspective of a American teen/young adult) works being shared, and I for one, would like to see more of that, whether via P2P or IRC or HTTP, or any other protocol.

    The media seems to be focusing on, and the RIAA seems to be only going after those who share the mass-market crap like Britney, Eminem, etc. I for one, am more interested in Asian pop, anime, classical recordings, game soundtracks, indie stuff, (indie) Christian music, etc. that are simply unavailable for sale in the US, whether you want to pay for it or not.

    The Internet provides a unique medium to distribute works such as the aforementioned categories, whose owners can't/don't want to bother marketing in the US because the demand is so small in absolute numbers. In the absence of official marketing, it allows a building of a fan following for non mass-market type works, possibly paving the way in several years for more organized marketing efforts. Witness the growth of anime from underground fansubs to small marketers in the US, to recent feature theatrical releases (eg, Spirited Away). Without the initial underground sharing, you wouldn't have the word-of-mouth hype.

    --
    There's 10 types of people in this world, those who understand binary and those who don't.
  28. It's International Talk Like a Pirate Day by dan+dan+the+dna+man · · Score: 4, Interesting

    I confess I'm a pirate. So are my friends.
    We download, we vet the downloads. We upload songs to private FTP servers with the bandwidth we're not using when we're at work.

    We have a trust based, friend based, non peer to peer, but distributed, quality controlled file sharing experience.

    It's great. It doesn't get flooded with crap, it doesn't get flooded with music we don't like. Anyone with an account on the machines is known to everyone else.

    Gosh it sounds just like some warez servers back when I used to have an interest in warez, or hacker BBS's when I had an interest in that.

    The web? That's all a bit new fangled for us..

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  29. short answers: by PhoenixOne · · Score: 3, Insightful
    1) people filesharing via webservers are easy to stop (I've shut down at least a dozen sites of people stupid enough to share my software without my permission).
    2) filesharing via webservers is slower (limited bandwidth).
    3) filesharing via webservers is easy to spot. Either they make the site public and you can find it easy or they don't tell anybody and it doesn't really matter (if nobody knows where to download the files who cares?).
    4) setting up a webserver takes some effort

    P2P allows any idiot to share anything on their hard-drive. They can look at all the files all the other idiots are sharing. Bandwidth can be shared. Once a file is shared it is almost imposible to stop (you can bust 100 idiots but 100,000 more are still sharing the file).

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  30. Positive feedback cycle in file sharing by Chaggy · · Score: 2, Insightful

    I think this all really has more to do with the popularity of the media over which file sharing happens. This was mentioned a few days ago, but I can't find the article.

    Whichever medium for file sharing (p2p, ftp, http, etc) has the most people sharing on it, will draw the most attention and user base. Likewise, the more attention a medium gets, the more people will use that medium. Snowball effect. If somehow p2p specific programs were outlawed and everyone started using http again, we would see that method grow in popularity, drawing more leechers and sharers alike.

    To that end we might even see "webserver/search/media center" programs evolve to the point that they were no different than an modern day p2p clients (just acting as web servers too).

    The point is, a positive feedback cycle builds one medium or protocol over another, and the RIAA is going to attack whichever target is biggest at any given moment.

  31. I don't remember using HTTP to download MP3'S by MadAnthony02 · · Score: 2, Informative

    Remember the MP3 search engines? Before Napster, college students and dotcommers were filesharing by putting MP3s on their webpages for download through good ol' http.

    I remember back in the day, late '98 and early '99, when I was a college freshman, before Napster and it's P2P bretheren were invented. I didn't get my pirated music from HTTP websites. I got it from 2 sources. The first was a site called Scour.net, which searched in an HTTP page, but downloaded from FTP sites and Windows shares, mostly windows shares. It had a little application, the Scour dowloader or something, that helped you download stuff linked from the page. The other way I obtained illegal music was FTP sites. In fact, I ran one off of my college dorm connection, and the funny thing is back then nobody at the school really cared.

  32. To Defeat the Undefeatable Foe by DannyO152 · · Score: 3, Insightful

    The first thing I'd suggest is that the RIAA and its members are not concerned with selling more units per se, they want to sell more units of their hit recordings. These recordings have paid back their costs and each new unit, minus its notably small manufacturing costs, is pure profit.

    As for the speculation about why the sturm and drang over p2p and not so much noise about http, I would note that, as LawMeme states, http sites are easier to take down. And so, let me propose that the point is to go after the unsolvable problem, p2p. After all, they can claim "we killed Napster, we subponeaed isp's, we even sued the 12 year olds and millions are still 'stealing' from us -- we cannot kill the beast. So, Congress, let's just tax hard drives, blank cd's, isp accounts, etc., and let the government, as proxy for the thieves, reimburse us for our losses." Because revenues from taxes are really pure profit. And would they split the reimbursements with their artists? Well, of course, I can't imagine why I would even ask the question!

    Please note, the above analysis in no way endorses the RIAA viewpoint that the primary cause of their troubles is from filesharing. In fact, didn't we see that filesharing has decreased and, looking at their album sales, they are still selling fewer units.

  33. RE: the REAL question? by King_TJ · · Score: 2, Informative

    Ultimately, you're absolutely correct. This is probably the most important issue that needs resolution. The recording industry "middle men" haven't been offering nearly enough value for the percentage of the profits they take, nor have they really shown good taste in their recent choices of who is "worthy of promotion".

    Still, there will *always* be a steady flow of music swapping/copying - because most people realize that intangible items being copied never really equate with stealing tangibles.

    Bottom line: You take a physical CD off the store shelf without paying for it, you deprive the store of that sale. (They had to pay to get the disc in the first place, and now they can't recoup what they spent to put it there by reselling it.) You copy a CD, the original is still unharmed and in the hands of its original owner. Nobody can prove you would really have paid the money out to buy the music you copied. No provable, direct harm is done.

    As for theories about people feeling it's "more wrong" to post MP3s to the web than share via P2P, I'm not so sure that's true. If ISPs all gave you hundreds of megs. of web storage space for free, and didn't care about bandwidth used -- and -- if someone wrote a tool making it really easy to post your music to the sites without learning HTML, etc., it'd be just like the P2P network is today.

  34. Why we see http sharing as wrong, but p2p as okay by PepperedApple · · Score: 2, Insightful

    I think that this article brings up a very interesting point. I don't think that it is the technical "difficulty" of putting songs on a website that stops people from sharing songs.

    There is a difference between sharing a song and downloading a song. People want to download songs. We directly benefit from being able to listen to a song. It's a selfish desire, although we can justify it in many ways (convience, cost, evilness of RIAA).

    I don't think that ANYONE wants to share songs. We don't get any benefit from giving our songs to strangers, and we put ourselves at risk for lawsuits. On top of this is the effort that it takes to host a website and the cost. The only upside I can see is the possible ego boost or the chance that other people will allow you to download their songs.

    So most of us feel no incentive to host mp3s on a website, and when people are prosecuted for it we feel no sympathy, after all we wouldn't have done it.

    But p2p wouldn't work without people sharing songs, and so sharing your music directory is turned on by default in most p2p clients. How many Kazaa users do you think change the defaults? I'd be willing to bet that a good portion of people don't know that they are sharing their own songs, and wouldn't know how to prevent it. Other people who do know feel guilty if they download songs without sharing their own. Back in the Napster days I remember people would cut off a connection if you weren't sharing any songs.

    When a p2p sharer is sued, we can sympathize, and we're afraid that it could be us next. But it's our desire to download and not our desire to share that causes our sympathy. P2P seems okay because we only see our end - we get to listen to a song that we wouldn't have bought anyway - no one gets hurt. We don't even think about the other half - that we are distributing all the songs that we paid good money for to any shmo with an internet connection.

  35. Re:Is this news?? And if you must do opinion, then by EelBait · · Score: 3, Informative

    That model already exists: mp3.com allows artists to publish their works on their site and there are a number of payment models to choose from. Another model is for an artist to sign up with a smaller label and try to get sold on Apple's Music Store. When the Windows version hits the streets next month, there will be plenty of potential buyers.

  36. Re:Why we see http sharing as wrong, but p2p as ok by vonFinkelstien · · Score: 2, Informative
    Three to four years ago, when I was an English prof. in Prague. I used our departments' computers as F-servers in IRC to share Anime files.

    Unlike you, I was very happy to share the Anime that I found to others. I got a lot of joy seeing the GBs added to my F-servers uploaded data stats. On the main server, I had 8-12 (depended on my mood, more than anything else) open slots for uploading. Most F-servers on IRC had 1 or 2 (if you were lucky).

    I only ran the F-servers at night or over the weekend (I was always the first one in the office, so I could stop them and shutdown the Windoze machines before my colleagues arrived.

    My IRC nick was SXLain_Praha. Has any of you /.ers leetched from me?

  37. The best way to share is netnews by Animats · · Score: 2, Interesting
    From a technical perspective, the best way to share music would be via netnews, in "alt.music.*". Netnews data traverses each link no more than once, and often much less. Requests are serviced from local servers. Transfers occur during off-peak periods. There isn't that much new music; the RIAA probably generates only a few tens of megabytes a day of content. The additional traffic would be small.

    By comparison, the P2P "sharing" networks are horrendously inefficient. It's embarassing how crappy the technology is.

    I've been thinking about a whole new approach, where what's passed around are random bitstreams. You have to get several bitstreams from different sources and XOR them together to get content. Different combinations of different bitstreams produce different content. No single bitstream contains copyrighted content, and every bitstream can be XORed with something which will provide legitimate content. The bitstreams are passed around via netnews. But I'm not going to implement this; it's not something I'm really interested in.

  38. It already happened... by LuYu · · Score: 4, Informative

    The article on Lawmeme conveniently forgets the fact that the last round of lawsuits effectively stopped web based file trading.

    While this is only a number of articles on a couple of incidents, there is no question that web based file trading was effectively crushed by record industry litigation just a few years ago. With P2P, people thought they were anonymous.

    However, the RIAA has consistently misrepresented the "safe harbour" clause. The intent of the "safe harbour" clause was to prevent ISPs from hosting copyrighted material on the ISPs' own servers. The identity part also had to with information hosted on the ISPs' own servers, but it appears that most judges are buying the RIAA's BS.

    Welcome back to the Dark Ages.

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