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Innocent File-Sharers Could Appear Guilty?

daveo0331 writes " New Scientist has an article about what could be a promising defense strategy for people targeted by the RIAA. Basically, anyone on the Gnutella network can frame other users by making it look like someone is hosting RIAA music, even though they're not. Therefore, the RIAA's "evidence" against file sharers is theoretically unreliable and wouldn't stand as good a chance of holding up in court. No mention of whether this has anything to do with the RIAA's eagerness to settle the lawsuits out of court. The article is based on a research paper (PDF link, HTML version) posted anonymously to a web hosting service in Australia."

380 comments

  1. Innocent? Filesharing? by SpanishInquisition · · Score: 5, Funny

    can you say those 2 words in the same sentence?

    --
    Je t'aime Stéphanie
    1. Re:Innocent? Filesharing? by plenTpak · · Score: 4, Interesting

      i currently share 976 free songs (~3.58 GB), legally. i got all these songs off of iRATE. so i'd say you certainly can!

      i think irate is great by the way, although there's certainly room for improvement (p2p support, perhaps, as well as integration with an external media player). maybe when i have time i'll sit down and (attempt to) throw something together... (hopefully someone will have done it by then, and i can just download it. =P)

    2. Re:Innocent? Filesharing? by echeslack · · Score: 3, Insightful

      Are you allowed to share all those files though? I was under the impression that all those songs were free to download, but that doesn't mean you are allowed to distribute them.

    3. Re:Innocent? Filesharing? by plenTpak · · Score: 1

      that's a good point. i didnt even think about that. =X

    4. Re:Innocent? Filesharing? by SlashDread · · Score: 0, Flamebait

      About as easy as saying "Smart" and "American" in one sentence. /Dread

    5. Re:Innocent? Filesharing? by Jaysyn · · Score: 2, Funny

      I share a shitload of game mods (UT2003, Baldur's Gate etc..) & public domain programs & books. 6Gb of completely legal files.

      Jaysyn

      --
      There is a war going on for your mind.
    6. Re:Innocent? Filesharing? by Anonymous Coward · · Score: 0

      Do people speak slowly when they talk to you?

    7. Re:Innocent? Filesharing? by Anonymous Coward · · Score: 0

      Perfectly easily unless you have fallen for the 'all file sharing is piracy' propaganda. I write and distribute my own songs and software perfectly legally, but the RIAA would like to see me prevented from doing so because it falls outside of their control. Sadly, idiots who scream 'piracy' without any understanding of what is going on only add to their ammunition.

    8. Re:Innocent? Filesharing? by echeslack · · Score: 1

      I was not actually saying that there was no such thing as legal filesharing, I was just pointing out that the example given was a bad one. But your point is well taken - there are plenty of things worth sharing that are legal to share.

    9. Re:Innocent? Filesharing? by Anonymous Coward · · Score: 0
      I hate to call you a liar, but mom doesn't like anything these days.

      Death has that effect on people.

    10. Re:Innocent? Filesharing? by Anonymous Coward · · Score: 0

      Hey, all I can say is that she didn't complain.

    11. Re:Innocent? Filesharing? by Jaysyn · · Score: 1

      Good deal, now how the hell did I get a funny mod?

      Jaysyn

      --
      There is a war going on for your mind.
    12. Re:Innocent? Filesharing? by Elfan · · Score: 1

      I know you were kidding but I feel the need to plug this again, I am amazed about how much quality music is out there for you to llegally download.

      Links to Tens of Thousands of Legal Music Downloads

    13. Re:Innocent? Filesharing? by mad_dog3283 · · Score: 1

      As long as you're not making a profit, what's the difference? Either way, the artist is agreeing to give away their work without monetary compensation. I'd even go so far as to say you're doing the artist a favor by sharing them on P2P-- so they don't have as high of a bandwidth bill to pay from people downloading directly from their website.

      Yes, sharing free (beer) music is against the letter of the law, but is it against the spirit of the law? If an artist tried to sue you, would it hold up in court? "Your honor, this guy is distributing my music for free, even though you can download it from my website for free."

      --
      Reprise the theme song and roll the credits!
    14. Re:Innocent? Filesharing? by stfvon007 · · Score: 1

      Download it from website and the artist makes a few pennies from advertizing. Download it from a P2P network and he/she makes nothing, but the music and the artist become more visible. Tough call.

      --
      All misspellings and grammatical errors in the above post are intentional and part of my artistic expression.
    15. Re:Innocent? Filesharing? by ynakai · · Score: 1

      Artists and musicians I know say the central issue isn't always money; it's the right of a creator to control the context of the work. For instance, if someone creates a song or picture, they may wish that it be experienced by an audience only within the context of the website they have also created. If you write and perform a play (or a song) for free, you may not want other theatre companies (musicians) to perform your work w/o permission.

    16. Re:Innocent? Filesharing? by mink · · Score: 1

      When my apps are up I share the Kosmic Free Music Foundation archives (8 cd's of audio tracks, mp3 files and old mod/tracked music). The license says I can, and I e-mailed one of them to make sure I was understanding the license correctly.
      It's hard to find good legit music to share, but not impossible.

      As soon as I can get my cable upgraded to business class I will offer Kosmic an FTP/web site.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  2. Entire computer share? by Anonymous Coward · · Score: 3, Interesting

    How about an entire computer shared to the internet?, like this crazy guy did...

    1. Re:Entire computer share? by Chibi+Merrow · · Score: 3, Funny

      That's either the most depressing or most hilarious thing I've ever seen... Wonder how long it'll take someone to type format c:

      --
      Maxim: People cannot follow directions.
      Increases in truth directly with the length of time spent explaining them
    2. Re:Entire computer share? by marko123 · · Score: 1

      about three minutes by the look of it.

      --
      http://pcblues.com - Digits and Wood
    3. Re:Entire computer share? by Anonymous Coward · · Score: 2, Interesting

      Ok, you guys win. You crashed the telnet daemon one too many times, so I shut it down. I'll just reghost it tomorrow, so no major harm done. But still, I figured you'd trash the entire thing in seconds... instead running recursive batch files is the best you can do. Sad, really.

    4. Re:Entire computer share? by Mattcelt · · Score: 1

      Longer than it took to slashdot it, it seems.

    5. Re:Entire computer share? by Maserati · · Score: 1

      I'm glad I have telnet.exe on ZoneAlarm's "ask" list.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    6. Re:Entire computer share? by NanoGator · · Score: 3, Informative

      "Longer than it took to slashdot it, it seems. "

      Actually it stayed up like 2 hours.

      Interesting note: I tried to create a batch file that endlessly spun on the CPU, trying to make it self DoS. Unfortunately, I'm running Windows 2000. When I made a batch file that looped itself, after it spun a few times I got a message to the effect of "too many iterations, closing app". Now with all the talk about how stupid MS security is, it was an interesting suprise to find that it wouldn't let me put it in an endless loop.

      --
      "Derp de derp."
    7. Re:Entire computer share? by Afrosheen · · Score: 1

      It wouldn't let YOU do it, that's not to say that it wouldn't let someone you don't KNOW do it.

      That's trustworthy computing. It doesn't trust you.

    8. Re:Entire computer share? by stanmann · · Score: 2, Interesting

      Don't loop then, call...

      @echo off
      Copy File.bat+File.bat file.bat

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    9. Re:Entire computer share? by Anonymous Coward · · Score: 0
      Interesting note: I tried to create a batch file that endlessly spun on the CPU, trying to make it self DoS.

      Sort of interesting, but on any decent OS, including W2K, wouldn't such a process be just one of many, getting its share of CPU... but not more. So, you'd need a few such processes to starve normal processes, especially due to performance of current CPUs?

    10. Re:Entire computer share? by CrypticOutsider · · Score: 1
      Interesting note: I tried to create a batch file that endlessly spun on the CPU, trying to make it self DoS.

      Better this, I suppose, than making one quickly without a way to telnet/remote in and kill the process. I miss L1/A.

      I originally tried to do a file creation, but that was a little too slow, so window spam worked quite well (it would pop up windows faster than I could close them)

      (batch file named test.bat)


      @echo off
      :FOO
      type File.bat >> file2.bat
      start test /realtime /min
      type file2.bat >> file.bat
      goto FOO

      I don't think you neven need the file.bat etc i/o, there are better scripts out there for that sort of stuff, and I had to use Windows Help to find the syntax of goto label

    11. Re:Entire computer share? by Anonymous Coward · · Score: 0

      You are dumb.
      Please hand your computer over to someone with a clue.

    12. Re:Entire computer share? by ameoba · · Score: 1

      main(while(1){fork();})

      Without user resource quotas, something like this will hurt the machine. Even if it's not using much CPU time itself, it'll bog down the kernel w/ system calls & it'll spend so much time switching processes that nothing'll actually get done.

      --
      my sig's at the bottom of the page.
  3. This may have happened already by l810c · · Score: 4, Interesting
    Read about this in USAToday Monday:

    A number of people say they were wrongly accused by the RIAA, or that their children swapped music without their knowledge. The RIAA dropped one suit, against retired Boston teacher Sarah Ward, 66, when it was discovered she couldn't be sharing songs on pirate service Kazaa because she uses an incompatible Apple computer.

    1. Re:This may have happened already by LostCluster · · Score: 3, Funny

      This case alone is the ultimate mistake the RIAA could have made. A easy-to-deny false alligation against an "adorable grandmother" character... way to lose a "hearts and mind" campaign.

    2. Re:This may have happened already by Henry+V+.009 · · Score: 3, Insightful

      It would have been so easy for the RIAA to only go after people who hosted both illegal mp3s and child porn in this first round. Congress would have given them medals. Then they could have quietly expanded their lawsuits.

    3. Re:This may have happened already by evn · · Score: 1

      hen it was discovered she couldn't be sharing songs on pirate service Kazaa because she uses an incompatible Apple computer.

      It's not like Macintosh users* can access Kazaa's FastTrack network thanks to poisoned [poisonedprject.com]. That would just be terrible! * Poisoned is a front end to giFTd, it will not run on pre os x.2 machines.

    4. Re:This may have happened already by Anonymous Coward · · Score: 0

      The RIAA thanks you for your valuable insight. I know it's good to discuss things openly and such, but THEY're reading slashdot too!!

    5. Re:This may have happened already by krymsin01 · · Score: 5, Funny

      How many people are going to stand up and say in court that they hold the copyright to a child porn clip, and demand that they be compensated for loss of profit. Also, I doubt if they would be members of the RIAA, though it wouldn't surprise me that much.

      --
      stuff
    6. Re:This may have happened already by Apro+im · · Score: 1

      giftd doesn't work on the fasttrack network - it used to, but doesn't anymore.

    7. Re:This may have happened already by Afrosheen · · Score: 1

      Actually, it can. You just have to build the plugin for the Fasttrack network (openFT I believe). You'd be accurate in saying that it doesn't work on fasttrack by default.

    8. Re:This may have happened already by Erasmus+Darwin · · Score: 1
      "This case alone is the ultimate mistake the RIAA could have made."

      The mistake wasn't necessarily on the RIAA's part. It's equally possible that the ISP provided the wrong customer's information after the RIAA submitted the IP address and connection time to them. Either one of them could have screwed up and transposed some digits in the IP. Either one of them could have failed to use logs synchronized to a standard clock. Without more details, it's impossible to say which one is at fault.

    9. Re:This may have happened already by dougmc · · Score: 1
      Then it was discovered she couldn't be sharing songs on pirate service Kazaa because she uses an incompatible Apple computer.
      Don't Virtual PC and similar products still exist?

      Or maybe somebody brought over a laptop that she `forgot' to mention? Does she use wireless and `forgot' (like ~ 70% of the people out there) to set up WEP?

      Don't get me wrong, I'm happy to see a monkey wrench thrown in the RIAA's plans, but there's lots of possible ways that the RIAA *didn't* go after the wrong person.

    10. Re:This may have happened already by Shagg · · Score: 1

      It's equally possible that the ISP provided the wrong customer's information after the RIAA submitted the IP address and connection time to them.

      True, and doesn't the fact that this has already occured throw a big question mark against all of the other cases?

      --
      Unix is user friendly, it's just selective about who its friends are.
    11. Re:This may have happened already by phillyclaude · · Score: 1

      ....because attacking their own customer base was, until this lawsuit, really getting them to be more beloved all throughout America

      --
      A computer without a Microsoft operating system is like a dog without bricks tied to its head
    12. Re:This may have happened already by King_TJ · · Score: 1

      Yeah, this was really stupid on the RIAA's part - but I'm also wondering: Was this just a mistake of the RIAA making too narrow of an accusation?

      What I mean is, instead of automatically claiming the file-swappers use "Kazaa" - can't they just generically claim they were using a "Gnutella" network?

      The Mac, after all, does have other p2p clients (Limewire/Limewire Pro, for example).

    13. Re:This may have happened already by Archfeld · · Score: 1

      Possibly, but you must realize thousands of clerical errors like this occur in the court systems everyday. The number of obviously guilty parties set free due to lost evidence, or witness's moving away, ect is staggering. While I really REALLY hate the RIAA , this may not even be their issue...

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    14. Re:This may have happened already by Erasmus+Darwin · · Score: 0, Redundant
      "True, and doesn't the fact that this has already occured throw a big question mark against all of the other cases?"

      Yes. However, at the same time, I'm reluctant for the ISP's (potential) incompetence to serve to absolve copyright infringers in a despute like this. I'm honestly not sure what should be done.

      On the RIAA's part, I suppose they could attempt to reduce the chance of mistakes by gathering as much information on each infringer as possible. For example, in the case of someone who isn't using KaZaA lite (and thus has a regular KaZaA username), they could collect several different IP/time pairs for that user over a span of days or weeks. Then they could verify that the ISP lists the same customer each time. They could also start using a time-range instead of a single time-stamp for the IP/time pair itself in order to minimize problems from poorly synchronized clocks. Still, that seems a less than ideal way of doing things.

      At the other end of the spectrum, you could authorize the subpoenaing of data on the defendent's computer itself. Unfortunately, that would be overly invasive ("Hey look at all the scat porn we found"), disruptive (give us your computer, even though you aren't convicted of anything yet), and subject to use as an extortion tool ("If you accept our settlement, you won't have to have us digging through your computer.").

      Overall, it's a shitty situation all around, and having it get "solved" in this ad hoc manner of RIAA-fueled case law isn't the best way of going about things.

    15. Re:This may have happened already by shark72 · · Score: 1

      Hearts and minds? The RIAA has made it clear that they're not trying to win friends with this campaign... they're (in my words) trying to scare the hell out of people. The position that the RIAA has taken in various quotes and press releases is that education didn't work.

      Of the folks who've spoken out about being sued by the RIAA, their responses seem to be in four categories:

      Of those sued, the biggest category of all, I think, is of people who knew damn well that distributing copyrighted material without the copyright owner's permission is illegal (100% of Slashdot readers would probably fall into this category), but there'd be little point in going on record with this if you were sued by the RIAA. It wouldn't put one in a sympathetic light, and the "I didn't know the files were on my PC" sounds so much nicer. In general, people tend to lie when they're caught.

      --
      Sitting in my day care, the art is decopainted.
    16. Re:This may have happened already by Apro+im · · Score: 1

      from http://gift.sf.net:

      "OpenFT is a peer-to-peer network designed and implemented by/for the giFT project. Originally, giFT began as a client purely for the FastTrack network but the original development was halted after numerous "security updates" made by FastTrack which changed compatibility in such a way that made it difficult to regain access. As a result, OpenFT was designed to provide an open network loosely based on the concepts understood from the reverse engineering of the FastTrack network.

      The beauty of OpenFT comes in the modern approach to peer-to-peer distributed querying while maintaining an open and collaborate atmosphere. Currently OpenFT supports a wide range of features (and is very open to future extension) including: ZLib compression, well distributed ultrapeer/supernode-like search capabilities, optimized share index querying, and multi-source downloading (thanks in large part to giFT, of course). See the TODO (and eventually ROADMAP) files in the source distribution for more information on where we plan to go from here."

    17. Re:This may have happened already by Apro+im · · Score: 1

      On the other hand:

      giFT-fasttrack

      My bad.

  4. html link by tedtimmons · · Score: 4, Informative

    Thanks to google, here's the HTML version of the PDF.

    Sure, karma whoring, but who wants to load a PDF? At least I didn't post a MS Word version of it!

    -ted

    1. Re:html link by rmohr02 · · Score: 0

      Since you posted this, I'm going to assume the summary didn't originally include the HTML link. Moderators should know this.

    2. Re:html link by tedtimmons · · Score: 0

      I emailed the moderators, and it looks like they've added it.

    3. Re:html link by Kethinov · · Score: 1
      who wnats to load a PDF?
      Anyone who runs MacOS 10, seeing as how the PDF file format is as integrated into MacOS 10 as Internet Explorer is into Windows or Konqueror is into KDE.
      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    4. Re:html link by Anonymous Coward · · Score: 0

      Great except the Apple PDF Preview thing sucks, and the only way to get 'seemless' viewing in the browser is to use a 3rd party addon that uses Ghostscript.

    5. Re:html link by Anonymous Coward · · Score: 0

      Anyone who runs MacOS 10, seeing as how the PDF file format is as integrated into MacOS 10 as Internet Explorer is into Windows or Konqueror is into KDE.

      Crap. If you really believe that then you haven't tried browsing many PDFs. This is not one of the Mac's strong points.

    6. Re:html link by fafaforza · · Score: 1

      "the PDF file format is as integrated into MacOS 10"

      and is as fast as trying to view one on a 486 running Windows 2000.

    7. Re:html link by Blue+Stone · · Score: 1
      but who wants to load a PDF?

      If you throw out most of the plug-in crap that slows the Adobe Reader launching, it takes about 3 seconds to load & reading linked-to-PDFs is not such a pain.

      There's a page about it somewhere [Google is your friend] but trial and error will also work, as the PDF reader will tell you what plug-ins it absolutely must have.

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    8. Re:html link by tedtimmons · · Score: 1

      And yet it's still 3 seconds slower than HTML. Plus HTML flows to my screen size, among other things.

  5. Does it realy make a difference? by LoneIguana · · Score: 1

    Can't they just sue you because you helped transmit the files by being part of the network? Plus they are only prosecuting people that use kazaa right now.

    1. Re:Does it realy make a difference? by SoIosoft · · Score: 5, Informative

      Not really. The courts have decided there's legitimate uses for P2P and therefore they actually have to catch you in the act of violating the law to sue you. One concern here, though, is the Gnutella network doesn't, by itself, detect your IP. You can put whatever IP in you want and it'll appear that way to the rest of the network. Often, you'll see people with IPs in the 192.168/16 block on there. I could see how they could get your IP wrong this way and falsely accuse you because someone on the network claimed to have your IP. And this sort of thing scares me away from Gnutella.

      --
      Help me. I've been modbombed by a few people with entirely too much time on their hands.
    2. Re:Does it realy make a difference? by WTFmonkey · · Score: 1
      Really? That seems like the best reason to use it, to me. Plausible deniability and all that.

      Slow down cowboy!

    3. Re:Does it realy make a difference? by Anonymous Coward · · Score: 3, Interesting

      there is no p2p service in which files pass through nodes. The bandwidth cost would be prohibitive. If user A sends file to user C what advantage is it to send through user B, apart from eating his b/w?

      This would be like filesharing on irc send file data through irc servers. This would bring almost any server instantly down. So the files go through only routers etc in between but no acutal end users.

      In these programs only the search information is gathered p2p. SO if kazaa runs a supernode it caches search info, passes it on etc.
      Here you can possibly fake it as if some other machine has some files which it doesn't have or even a non existent user/machine etc.
      There lies the hole.

    4. Re:Does it realy make a difference? by jpu8086 · · Score: 4, Informative

      You don't seem to understand the article. Infact, I would go out and call you a "big fat liar," but I'll try to be civil here.

      You can't put whatever you want as your IP. That's stupid. In P2P networks, other peers connect to you. They know your real IP number.

      Where you lie is when someone searches for a file (you search by asking your neighbors in Gnutella), you just put in a random (or not so random) IP number and claim that the machine returned a successful hit and send it back to the original peer.

      Lo and Behold! That machine could be thought of a culprit by the RIAA if they don't verify by downloading.

      --
      now supporting:
      cmdrTaco for president '04
      michael for oval office intern summer '05
    5. Re:Does it realy make a difference? by Anonymous Coward · · Score: 0

      Stop trolling. You're right about some stuff, but a lot of what you say is just flat wrong.

      If you've ever used gtk-gnutella, you have an option of telling the network what to use as your IP. Your peers don't automatically detect this and pass it on to other users. They, instead, pass on whatever value you tell them your IP is. I assume other Gnutella applications have a similar setting. Anyways, you can't connect to these clients. They can only connect to you. And the only way to download from them is through PUSH requests. Now, if you're directly connected to them, you can still see their real IP, through netstat and similar methods. And if you download from them via PUSH requests, you can also see their real IP. But unless you're directly connected to them through one way or another, their real IP is invisible to you.

      Anyway, it is you who is wrong and misinformed. Take a look at how many Gnutella users have their IPs appear to be in the 192.168/16 range. That ought to prove to you that what I'm saying is right. And if you still don't believe me, have a look in the options of any good Gnutella program.

      Have a nice day, troll.

    6. Re:Does it realy make a difference? by mishehu · · Score: 1

      The real issue is this - The Darth Maul Corporate Agenda *cough cough* err DMCA makes you guilty until proven innocent! *grin*

    7. Re:Does it realy make a difference? by jpu8086 · · Score: 1

      Incorrect! May I suggest reading the protocol spec.

      Whatever-Gnutella-client only passes in IP# that you specift as part of the search result. So, yesh infact the search results are spoofed. The 192.168/16 rage IP# show as a result of a search.

      You neighboring peers know your real IP#. How the heck would the connect to you if they didn't know that?

      Grow up and stop posting as anon.

      --
      now supporting:
      cmdrTaco for president '04
      michael for oval office intern summer '05
    8. Re:Does it realy make a difference? by Anonymous Coward · · Score: 0

      Incorrect! May I suggest reading the protocol spec.

      Whatever-Gnutella-client only passes in IP# that you specift as part of the search result. So, yesh infact the search results are spoofed. The 192.168/16 rage IP# show as a result of a search.


      That's right. You can spoof your IP to the network. Of course, anyone who you connect to as a peer or that you connect to because of a PUSH request you received will know your real IP.

      You neighboring peers know your real IP#. How the heck would the connect to you if they didn't know that?

      Nobody's debating this, but anyone not connected to you that way or by downloading from you will NOT know your real IP.

      Grow up and stop posting as anon.

      Your trolling is certainly more immature than any anonymous posting. Now go away.

    9. Re:Does it realy make a difference? by zcat_NZ · · Score: 1

      Yes there is. Freenet.

      The data is also encrypted and files are identified only by an MD5 hash, so none of the nodes even know what the other nodes are transferring through them, or what files they have other than the ones they specifically requested.

      Yes, it is -much- slower and less efficient than regular P2P. It's also much more anonymous.

      --
      455fe10422ca29c4933f95052b792ab2
    10. Re:Does it realy make a difference? by jpu8086 · · Score: 1

      Trolling? Please. Looks like you're the one trolling.

      For your reading enjoyement, I present the Gnutella 0.4 spec: http://www9.limewire.com/developer/gnutella_protoc ol_0.4.pdf. Read the section for QueryHit.

      That is the only way to spoof IP. And that is not really spoofing IP. It is basically poisoning the search results.

      That's it. I am out. No more responses from me.

      --
      now supporting:
      cmdrTaco for president '04
      michael for oval office intern summer '05
    11. Re:Does it realy make a difference? by Anonymous Coward · · Score: 0

      I had a three-way with anne coulter and arianna huffington.

    12. Re:Does it realy make a difference? by Anonymous Coward · · Score: 0

      Did you take pictures?

    13. Re:Does it realy make a difference? by God!+Awful+2 · · Score: 1


      Not really. The courts have decided there's legitimate uses for P2P and therefore they actually have to catch you in the act of violating the law to sue you.

      That may be true, but I'm not really sure there's a legitimate reason for a P2P service to anonymize transations, except to evade law enforcement.

      Just to clarify things, I happen to be one of the vast majority of people who don't believe in absolute privacy rights for everyone (although I realize we are a minority here on /.)

      -a

    14. Re:Does it realy make a difference? by Anonymous Coward · · Score: 0

      Yes

    15. Re:Does it realy make a difference? by hplasm · · Score: 1

      Post them on P2P. Your choice. ;>

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    16. Re:Does it realy make a difference? by AchmedHabib · · Score: 1

      In Russia the YOU connect to the neighbours!

      I mean if you specify the wrong ip address, the only neighbours you will be connected to, are the ones YOU connect to, since you have specified the wrong ip so any attempt by them to connect to you, will fail due to the wrong address.

    17. Re:Does it realy make a difference? by instanto · · Score: 1

      Well, the US Seems to think that its ok for iranians to have access to anonymizer.com, but maybe the same anonymity rights does not apply to their own citizens.

      --
      // instant - "I for one welcome our new Decaff Coffee-Flavoured-Coffee Overlords"
    18. Re:Does it realy make a difference? by Anonymous Coward · · Score: 0

      Were the rest of the responses in this thread posted by you or just someone trying to make you look like an idiot?

  6. RTFA by Anonymous Coward · · Score: 0

    That dropped suit is referenced in the paper.

  7. Meh... by aksuur · · Score: 2, Informative

    I think most people will either be scared into settling, or not have enough money to pay for litigation and court costs. Although it's nice that there is a way around the RIAA's mass suing, how often will this technique really be used...

    1. Re:Meh... by pVoid · · Score: 1
      My solution is running like hell, and opening fire on officials when they arrive at my door. Nothing like some action to spice up the day.

      BURN RIAA... BUUuuuurn.

      "Are they saying Boo Smithers? -Err, no, they're saying BOOurns..."

      this unfunny stupid post brought to you by late night brain damage via sleep depravation. Good night.

  8. The question is by General+Sherman · · Score: 3, Interesting

    Will this really stop them from doing anything? Like the poster said, they like to settle out of court, and they'll probably pull something like "Well, you should've been more protected against this kind of identity theft. Give us $10,000 in amnesty, and we'll go catch the _real_ theif."

    --
    - Sherman
    1. Re:The question is by The+Munger · · Score: 1

      That's comparable to someone wearing a Richard Nixon mask in a bank job, and ol' Dicky getting the blame though. Though I guess with enough lawyers and subpoenas flying around, they could scare you into anything eh?

      --
      Refuse to make a statement in your sig!
    2. Re:The question is by General+Sherman · · Score: 1

      Well, that's my point exactly. They don't have to go through due process of law using the DMCA, which is of course total BS and it defeats the point of the legal system (not the justice system, thats long gone)

      --
      - Sherman
    3. Re:The question is by The+Munger · · Score: 1

      The article is suggesting though that if one of these cases actually went to court, it would have to endure due process, and that's where the defense would come into play. I think that you, me and just about everyone else here thinks that the RIAA are pushing so hard to settle so they don't have to get an ass whoopin' from a judge.

      On an unrelated note, you'll notice that they've settled with a little over 60 people for a few thousand each. $5 says that they aren't making money out of these cases yet. If that is the case, then just what is their intention.

      --
      Refuse to make a statement in your sig!
    4. Re:The question is by Anonymous Coward · · Score: 0

      Not to mention the key weapon of the RIAA - the money and power to win court cases no matter if their right or wrong (legally or morally for that matter)

    5. Re:The question is by cens0r · · Score: 1

      Fear. They want to scare the little kiddies straight. And/or scare their parents into making sure the little kiddes stop using Kazaa.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    6. Re:The question is by 3terrabyte · · Score: 1
      Their intention is no secret. It's to get 'moms and dads talking to their kids about copyright infringement at the dinner tables', as the RIAA has been quoted as saying in many articles.

      Even when they were settling for $17,000+ earlier this year, that's not profit. Don't forget that they're claiming to lose a billion dollars a year or more in piracy. You think millions of dollars mean anything to their bottom line?

      They want to scare people into going straight. They want sales to go back up. They want P2P to die, so that they can control the real monopoly: Distribution. That's why a boycott is the only real solution when dealing with corporations that have enough money to buy their own legislation.

      --

      Why are there only 19 people folding@home for slashdot?

    7. Re:The question is by 3terrabyte · · Score: 1

      Of course they win court cases. They've already paved the way with previously purchased legislation.

      --

      Why are there only 19 people folding@home for slashdot?

    8. Re:The question is by Fiver-rah · · Score: 1

      If they tried that sort of thing, and it got mentioned, the person they settled with could probably recover ... a great deal, possibly more than they settled for. They don't even have a colorable legal argument. They'd essentially be using duress (threat of an imaginary lawsuit) to make you give up money. And that won't hold up.

      --
      Read Bujold. Free (as in
    9. Re:The question is by Rick+the+Red · · Score: 2, Funny

      No shit. They've sure scared me straight! Now that I understand the penalties for downloading copyrighted music I've turned to shoplifting CDs - the penalties for shoplifting are orders of magnitude lower, and usually you just get community service.

      --
      If all this should have a reason, we would be the last to know.
  9. Ummm, so what? by Gogl · · Score: 4, Insightful

    How many of the people being sued by the RIAA actually use Gnutella? I would bet few to none. The vast majority are getting nabbed for Kazaa and other more popular, less geeky p2p clients.

    1. Re:Ummm, so what? by darkov · · Score: 1

      You obviously haven't used Bearshare. it's very friendly, fast and effective. I found it eaiser to use than Kazza. It also has a wider (more eclectic) selection and most songs are quite available due to less congestion (ie freeloaders).

    2. Re:Ummm, so what? by Anonymous Coward · · Score: 0

      We'll see how long that lasts if people start spoofing their IP. (assuming Spoofing == Leeching).

    3. Re:Ummm, so what? by EZmagz · · Score: 1
      I just got done reading the article posted, and it sounds like there are flaws in all of the major P2P clients out there that allow for spoofing, sending fake search results, and so on. The author only used Gnutella for reference since the protocols are apparently open and public, as opposed to FastTrack & co.

      A very interesting read actually.

      --

      "Hell hath no fury like a woman scorned for SEGA. ..."

  10. What about the obvious DHCP issue? by Shawn+Parr · · Score: 5, Interesting

    When using a modem, or even Cable/DSL one is typically dynamically assigned an address. Many times these can change. It was stated in numerous articles that the RIAA found IP addresses for people, then subpoenaed ISPs for the users using those addresses.

    Either due to ISP incomprehension, or RIAA non-specific requests, they most likely received a lot of information based on who was using that address after subpoena, not during copyright infringement.

    1. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 5, Insightful

      ISPs are required by law to maintain a USERNAME,IP,TIME_USED record for even dynamic IPs.

      So if RIAA gives them a IP,TIME_of_infringement, they will have no problem in retrieving a USERNAME and other resulting info to send to the RIAA

    2. Re:What about the obvious DHCP issue? by captaink · · Score: 1, Insightful

      err, I have worked at an ISP and know full well that it is more than obvious to log who is connected, when they are connected and most certainly which IP address they were assigned for the duration of their session.

      --
      --- If I were a fish, I'd be wet
    3. Re:What about the obvious DHCP issue? by Wild+Wizard · · Score: 3, Interesting

      er which law?

      the law only requires them if they have such a record to produce it when issued with a court order

      ISP's generally have this information as they needed it for their own billing systems

    4. Re:What about the obvious DHCP issue? by Arker · · Score: 3, Insightful

      the law only requires them if they have such a record to produce it when issued with a court order
      ISP's generally have this information as they needed it for their own billing systems

      Umm no. The vast majority of user accounts are unmetred - you pay the same price for the month if you are online for 5 minutes or the entire month.

      ISPs that are serious about protecting customer privacy will simply quit keeping these records.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    5. Re:What about the obvious DHCP issue? by EverDense · · Score: 4, Interesting

      ISPs that are serious about protecting customer privacy will simply quit keeping these records.

      ...and Customer's that are serious about protecting their own privacy will quit the ISPs that don't.

      --
      http://jesus.everdense.com/
    6. Re:What about the obvious DHCP issue? by forgotmypassword · · Score: 2, Interesting
      On my cable internet I can
      • Take any free IP address just by guessing numbers
      • Send any random hostname to the DHCP server and still get an IP
      • Forge my MAC address to be any random number - which I have to when the DHCP server starts futzing and thinks I am already online

      But I really don't know how cable networks work. So my question is, Does my cable ISP know what my IP address is at any given time? This is a theoretical question - I know that they are to incompetent to keep track of that, but just pretend.
    7. Re:What about the obvious DHCP issue? by secolactico · · Score: 0

      Does my cable ISP know what my IP address is at any given time?

      Your cable modem has its own unique identifier. They could simply check which cable modem sees some IP and trace it back to you.

      Tho, in real life it depends on the equipment and the knowledge of the cable company people.

      --
      No sig
    8. Re:What about the obvious DHCP issue? by Pathwalker · · Score: 4, Interesting

      ISPs that are serious about protecting customer privacy will simply quit keeping these records.

      And spammers will flock to them in droves.

      After all, if the ISP has no record linking Time and IP Address to a customer, then there is no way to know who sent the spam...

    9. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 0

      ISPs that are serious about protecting customer privacy will simply quit keeping these records.


      What a stupid comment. Have you ever thought about the possibility of another customer of the ISP that you use hacking into your system? How would you feel if the ISP said "Sorry we dont keep those kinds of logs" when you ask them what user was on at a specific time. Or how about if this user hacks into their billing system and steals your records? Or how about ... you get the picture here?

    10. Re:What about the obvious DHCP issue? by Red+Pointy+Tail · · Score: 1

      So everyone, that's why you should ALWAYS share your wi-fi connection with your neighbourhood! ;)

    11. Re:What about the obvious DHCP issue? by |>>? · · Score: 1
      So if RIAA gives them a IP,TIME_of_infringement, they will have no problem in retrieving...

      An interesting notion, but what time are we talking about? Nowhere does it say that the ISP has to synchronise their clock to that of the RIAA.

      --
      |>>? ..EBCDIC for Onno..
    12. Re:What about the obvious DHCP issue? by anagama · · Score: 2, Interesting

      I recently set up a wireless network at home. I was shocked to discover that everything worked immediately - I just plugged stuff in, turned it on, and there I was, live on the net. 10 minutes later when I tried to SSH into the other computer, well, my router had no entry for it on the network. Many hours later (due to a web interface that wouldn't work, and only a windows install app alternative), I finally got my wireless bridge to talk to my router. Sure was tempting to quit Comcast then and there!

      You just know someone is going to get nabbed this way.

      --
      What changed under Obama? Nothing Good
    13. Re:What about the obvious DHCP issue? by syukton · · Score: 1

      What about a cheap ISP that only has one IP address and proxies all connections through it? What about the firewalls/proxies at most corporate businesses that send hundreds of users through single IPs? Any federal regulations on those? I really don't think ISPs are required by law to keep any such records, honestly. Moreso, I think there is a lot of technological mumbo-jumbo waiting to complicate things for the RIAA. I'll give you a hint: "proxy" is on the list.

      --
      Reinvent the wheel only at either a lower cost, greater effectiveness, or your own personal enrichment and satisfaction.
    14. Re:What about the obvious DHCP issue? by skinfitz · · Score: 0

      Its irrelevant - they know your modem's MAC address and they know where it is physically connected into their network (i.e. into the local distribution node) which will link to your home address.

    15. Re:What about the obvious DHCP issue? by Arker · · Score: 1

      I absolutely get the picture. It's a much more serious problem than even you make it out to be.

      It's still exactly what these corporate welfare whores are bringing about. Don't shoot me for bringing the message.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    16. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 0

      What? You mean all three of them?

    17. Re:What about the obvious DHCP issue? by houghi · · Score: 1

      I hope they do not make the same mistake as a similar organisation in Belgium. They installed KaZaa and started looking for copies of music offerd in Belgium.

      They then informed the ISP with the name the person used (e.g. houghi.ping.be) and the time. First the ISP had to ask for the IP. The moment they gave that, the ISP was able to look it up and found out that the time was set wrong on the computer of the organisation.

      Fortunatly in Belgium no ISP is allowed to give any information to anybody, unless it is orderd by the court and the court said they are not making time for things like this.

      --
      Don't fight for your country, if your country does not fight for you.
    18. Re:What about the obvious DHCP issue? by bhimaji · · Score: 2, Interesting

      > After all, if the ISP has no record linking Time and
      > IP Address to a customer, then there is no way to
      > know who sent the spam...

      Oh, that's pretty simple to deal with. Just do statistical analysis of network traffic based on remote port number - not all that unreasonable. And store the top 1%, 5%, something fairly small, who use the most SMTP traffic. No need to keep logs on people who might've sent out 3 spams in the last month.

    19. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 0

      There is a middle ground. If IP records are kept for three days the spammers can still be caught and the RIAA will be demanding nonexistant records.

    20. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 0
      Oh, that's pretty simple to deal with. Just do statistical analysis of network traffic based on remote port number - not all that unreasonable.

      Maning the abuse email addres of a big isp may convenice one that people who dont want their ip linked to their identity/subsriber information are asking for something unreasonable. While something that changes your job from "very damn hard" to "very damn hard + not all that unreasoable" is totally injustifiable. Also from an isp`s point of view spam is pretty much "solved" as long as spammer pay by the byte and dont get the isp`s mail servers on blacklists...

      I think those who dont want their identity know to the people they communicatre with are acomadated elsewhere (remailers, freenet) fine. Having the people who handle abuse complaints have the subscriper info of an abuser also help in many other cases slashdoter might be more symphatetic to like crackers trojaning open software sites or worms. Legal issues like copyrights may not sound all that cool to slashdotters, but what when the fsf wants to contact someone who is hosting gpl`ed software with spyware added and other mods sans source from a .ru site? Who should they contact?

    21. Re:What about the obvious DHCP issue? by sharkey · · Score: 2, Funny
      But I really don't know how cable networks work.

      That's OK. Neither does your cable company.

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    22. Re:What about the obvious DHCP issue? by pagebt · · Score: 1

      I used to run an ISP with floppy disk based ForayPPP(dos) modem servers. There are no record retention laws except for those relating to taxes.

    23. Re:What about the obvious DHCP issue? by Shawn+Parr · · Score: 1

      I totally understand that. However if you re-read my post, I specifically said due to miscomprehension (oh, a specific time . . .), or due to the RIAA not being specific. Yeah, they have lawyers, but they are still a bunch of mooks who don't really understand the technology.

    24. Re:What about the obvious DHCP issue? by Anonymous Coward · · Score: 0
      ISPs are required by law to maintain a USERNAME,IP,TIME_USED record for even dynamic IPs.

      Please state the law which requires an ISP to keep such records. Do they keep records like this for billing? Yes. Is it required by law, no.
    25. Re:What about the obvious DHCP issue? by pod · · Score: 1

      But don't worry, so will spammers.

      --
      "Hot lesbian witches! It's fucking genius!"
    26. Re:What about the obvious DHCP issue? by forgotmypassword · · Score: 1

      This is in reply to the other comment too. (I am not sure why your comments were modded down, but then again I don't know anything about cable networking)

      I am aware that the cable modem has its own MAC. I am just unsure of what the cable company sees.

      Why does it matter what MAC I present to the cable modem? It does very much matter. As of a few weeks ago I had 3 MAC addresses that were completely blacklisted. I had to make up a random MAC address to get a connection. In a few weeks I may very well be on my 5th MAC address.

      Now the cable company gave me a variety of responses ranging from "there is no problem with your service, you must have spyware installed on your UNIX box and PS2" all the way to the most believable but still confusing "the DHCP server was down for a few days".

      Is it the case that the ISP can see my cable modem and computer MAC, and checks both in some very strange manner?

      Or is it the case that the cable network I am on is so confoundingly retarted that all kinds of chaotic phenomena occur and the explanation is just too complicated.

    27. Re:What about the obvious DHCP issue? by xchino · · Score: 1

      This is a flat out lie, at least in the US. ISP's are not required to keep ANY logs on customer usage.

      --
      Everyone is entitled to their own opinion. It's just that yours is stupid.
    28. Re:What about the obvious DHCP issue? by skinfitz · · Score: 1

      Like most things, it usually comes down to money. The cable company needs to know who uses its service so they can bill you for it, and due to the way the network works, they will know your MAC (or at least be able to trace it) anyway.

      From the ISP side of things, assuming they are logging or tracking things with RADIUS etc. they will see a big list of IP addresses which they can get a MAC address for. Some cable companies make you register your MAC manually before it will be allowed to talk on the network. Others dont but will be watching - they know what you are connecting because they know which wires go to your house.

      If they find an address doing something they class as "abusive" such as say downloading more than what they feel comfortable with or spamming / non-payment of bills etc, then they can just ban the offending MAC from their system forcing the customer to contact them (or if they know how, change it in your case). Obviously the "average" user wont know about such things and will call them up to "fix" their "broken internet".

      If it matters what MAC is presented to the modem, then the modem is checking those MAC's against an approved list - this is probably using RADIUS - basically it will look at the MAC presented to it from your side, then check with the cable co's RADIUS server to see if the MAC is authorised. If it isnt, then your traffic doesnt get past the modem.

    29. Re:What about the obvious DHCP issue? by Texas+Rose+on+Lava+L · · Score: 1

      If the law doesn't already require ISPs to keep these records, it won't be long before the RIAA goes to Congress and buys a law to do just that.

    30. Re:What about the obvious DHCP issue? by rocca · · Score: 1

      And now you're profiling customers based on the services they use. "What, you're watching what I'm doing?!?!?!" --- yeah, that will go over really well.

  11. I'm more interested in how to... by the_Upsetter · · Score: 1

    help 'guilty' filesharers appear innocent.

    1. Re:I'm more interested in how to... by platipusrc · · Score: 1

      well, since you can make an innocent party appear to be guilty, what's to say that the person that appears to be guilty isn't really an innocent that's been spoofed?

      --
      And the muscular cyborg German dudes dance with sexy French Canadians
  12. Easy solution to the RIAA problem... by Anonymous Coward · · Score: 2, Funny

    Just leave America. I'm so lucky that I don't have to. The Recording Industry Association where I live doesn't scare me in the slightest!

    1. Re:Easy solution to the RIAA problem... by Anonymous Coward · · Score: 0

      So you're secure in your law breaking freedom? Moon or mars?

      RIAA or no RIAA, copyright still exists.

    2. Re:Easy solution to the RIAA problem... by DashEvil · · Score: 1

      In Canada, there is an act called the "Private Copying Act", which specifically makes it legal to do such.

      I could borrow a CD from a friend, copy it to a blank CD, and it's completely legal.

      Same goes for downloading MP3s off KaZaA, etc.

      So yes, copyright does still exist, but p2p music filesharing in Canada (as long as it's for private use only) is not concidered copyright violation.

      --
      -If God wanted people to be better than me, he would have made them that way.
    3. Re:Easy solution to the RIAA problem... by wes33 · · Score: 1

      I don't think that is quite right. In Canada it is illegal to distribute copyrighted material. So *sharing* files via some p2p system is illegal. But copying them for your own personal use seems to be ok (by the Act you mention). this is murky however since the law did not envisage napster or kazaa. It will likely be "fixed" soon.

    4. Re:Easy solution to the RIAA problem... by DashEvil · · Score: 1

      Actually, in the eyes of the law (don't ask why, but this is the case), ftp/http distribution is illegal, but p2p is viewed differently. p2p is seen as you taking it and making your own copy of it. So it is perfectly legit. It doesn't make a lot of sense, but I am thankful for it. :P

      --
      -If God wanted people to be better than me, he would have made them that way.
  13. Nice, but... by TopShelf · · Score: 3, Insightful

    Just because they've pointed out theoritical weaknesses in P2P apps doesn't necessarily raise a "reasonable doubt" about any defendant's activities. Is there any evidence that these vulnerabilities are actually being exploited out there? If not, I don't think this would hold much weight in court...

    Oh yeah, and IANAL.

    --
    Stop by my site where I write about ERP systems & more
    1. Re:Nice, but... by Bert690 · · Score: 1
      Is there any evidence that these vulnerabilities are actually being exploited out there? If not, I don't think this would hold much weight in court...

      Yup. This is why introducing uncertainty in order to conceal what is being shared should be part of the basic protocol.

    2. Re:Nice, but... by kfg · · Score: 3, Informative

      In a criminal case, yes, it most certainly does raise reasonable doubt; and were the RIAA prosecuting criminally this would be suffcient cause for a finding of not guilty, or even dismisal.

      However, for now, the RIAA is not prosecuting criminally (although this threat is always in the background of any negotiations to settle). They are prosecuting civilly.

      In a civil case it is the preponderance of the evidence that is considered. In other words does the jury think it's more likely the defendant is "guilty" (liable actually) than not.

      This is a much looser standard just ask O.J. ( Or Chaplin, who was found liable for the support of a child he had proven wasn't his).

      KFG

    3. Re:Nice, but... by anagama · · Score: 1
      • In a civil case it is the preponderance of the evidence that is considered. In other words does the jury think it's more likely the defendant is "guilty" (liable actually) than not.
      In follow up, think of the "more probable than not" term on a percentage basis. In order to win, the RIIA need only prove that their assertion is more than 50% likely (defendant wins at the 50/50 point). So, 50.000...01% beats 49.999...99%

      In the infamous Boston Grandmother situation, the chances of a jury tipping that partial percent in her favor is much higher than for some college kid who "knows about computers". Throw in a pierced tounge/tatoo ... well, bring a checkbook.
      --
      What changed under Obama? Nothing Good
    4. Re:Nice, but... by DustyShadow · · Score: 1
      However, for now, the RIAA is not prosecuting criminally
      once again...that is because copyright infringement is not a criminal offense...
    5. Re:Nice, but... by kfg · · Score: 1

      In this particular case you are incorrect. The RIAA is only suing people who could be charged for criminal distribution of copyright infringing materials.

      If you're a leech and only download you are merely infringing copyright, but once you upload a certain amount the rules change.

      They're going after the file sharers, not the file takers.

      KFG

  14. Not that I read the article or anything, but... by Anonymous Coward · · Score: 1, Interesting

    I was wondering if this kind of Gnutella spoofing (Gnoofing? Spootella?) could be used by the RIAA to DOS Gnutella networks by gumming it up with unreliable information?

    I also wonder if this technique could be used to trick the RIAA into subpoenaing itself?

    Not that such I would ever suggest doing such a thing.
    AC

  15. Since it's theoretical, it doesn't change anything by laird · · Score: 2, Insightful

    While it's interesting that apparently Gnutella can in theory be spoofed, I can't believe that this could form much of a legal defense since the spoofs are specific to Gnutella, so this has nothing to do with the vast majority of p2p usage.

  16. Where is the principal in all this ? by tmark · · Score: 5, Insightful

    This is no "strategy", it's a cop-out. If people are sharing files, and they *really* believe they should be allowed to do so, they should fight on the merits of their position, and live or die on said merits. To cook up a tenuous argument that someone might have framed you, is a tacit admission that the arguments people have mostly been using to justify file-sharing are worthless, and that file-sharing itself is indefensible. Show some backbone, people.

    1. Re:Where is the principal in all this ? by darkov · · Score: 4, Insightful

      This is a great argument utill some idiot teenager starts echoing your IP showing that you are sharing thousands of copyrighted files and you get a subpoena. If it's possible, someone will get around to eventually for a laugh. What do you do then? Plead your innocence siting your slashdot posting as proof? Well, you don't get a chance because you can't afford to fight the case because you haven't got a lazy 10-20K. So you pay up. And you're innocent, or so you say.

      Let's face, if it happened to you you'd bee bawling endlessly about the injustice instead of condeming possibly innocent people.

    2. Re:Where is the principal in all this ? by TroyFoley · · Score: 1

      You're absolutely right. Unless somebody's actually been framed. Then you're a fucking moron.

      --
      After I have received the wisdom of good teaching, I will untiringly teach all people. - The Teachings of Buddha
    3. Re:Where is the principal in all this ? by Anonymous Coward · · Score: 0

      Let the rich fight it all the way to the supreme court. Let the 12 year olds and little old ladies who believe they've done no wrong - but can't afford a five year legal battle - get the RIAA goons off their backs using whatever methods they can.

    4. Re:Where is the principal in all this ? by Anonymous Coward · · Score: 0

      That's the logic of if someone shot a murder and you were charged, that you shouldn't fight the fact that you didn't do it and more importantly there's no great evidence you did. Whether or not it's okay to shoot a murder isn't as important as the charge, which they can't even validate.

    5. Re:Where is the principal in all this ? by Ozric · · Score: 1

      Cop-out ... maybe but the whole thing stinks. Where is the proof, the REAL proof. Just because they were "sharing RIAA songs" does not proof anything. If I want to share out my WHOLE drive on MY computer How does make me a outlaw, I am not copying anything. Someone else is, its not like these people gave explicit permission to anyone to down load the files. The down loaders are the problem not the people sharing the files. Sorry but the RIAA needs more proof then a few IP's they obtained by hacking a KAZAA client. Any fool could blow these torts out of the water even if they are really guilty. The money they are asking for settlement is crazy. The copyright laws deal with TRUE CD copies not MP3 rips, also you could just buy the singles and take them to court and show them to the Judge, then any files you had "shared" had a right to be there. I am sure there is a disclaimer in Kazaa's EULA about copyrighted material. How is it your fault that someone infringed by downloading the file in question. They could own the CD and be too lazy or new to rip it themselves how do you know. So let the RIAA shutdown Kazaa who cares, there are FTP servers and other P2P networks. They are never going to stop it by punishing the people who like to listen to music.

      Its not like I really care about this whole mess anyway. I could care less if any RIAA members every release another CD again. All the Good artist are dead anyway.

      They say traffic on Kazaa in down by 40%, lets see if their profits go up, I doubt it.

    6. Re:Where is the principal in all this ? by Anonymous Coward · · Score: 0

      Backbone?
      And somehow going up against a multi-million dollar legal team in the american justice system is backbone? No, It's suicide and everybody knows it.

    7. Re:Where is the principal in all this ? by gfody · · Score: 0, Troll

      I don't understand all the "can't afford to fight the case" statements. Since when does it cost money to have your ass hauled into court? Is it the price of the defense attorney alone? Do you really NEED a lawyer, what about pleading your case yourself.. "no I wasn't sharing mp3s and here's proof ______".
      It seems like if someone can build a strong case against you then yea it might cost a lot of money for a team of law monkeys to defend against it.. but for these stinky IP address shady kazaa bs RIAA cases is it really necessary?

      --

      bite my glorious golden ass.
    8. Re:Where is the principal in all this ? by Anonymous Coward · · Score: 0

      "A man who chooses to defend himself in a court of law has a fool for an attorney."

    9. Re:Where is the principal in all this ? by Dun+Malg · · Score: 1
      Since when does it cost money to have your ass hauled into court? Is it the price of the defense attorney alone? Do you really NEED a lawyer, what about pleading your case yourself.. "

      Most judges, being lawyers themselves, look down upon people who represent themselves. I know of two people who represented themselves in court and, basically, the judge said "I don't want to hear your side of the case, you should have brought a lawyer" and told them to sit down and shut up. They lost. Morally this is indeed outrageous, but there's not much a non-lawyer can do. We don't know the the steps to the dance, so they just won't let us dance. They can usually use your ignorance of protocol to totally shut you out of the proceedings, all of it perfectly legal, which means you're royally screwed. Lawyers have constructed a legal system of such abominable complexity that gives them guaranteed job security. So yes, you really do need a lawyer.

      --
      If a job's not worth doing, it's not worth doing right.
    10. Re:Where is the principal in all this ? by Anonymous Coward · · Score: 0
      This is a great argument utill some idiot teenager starts echoing your IP showing that you are sharing thousands of copyrighted files and you get a subpoena.

      Completely irrelevant to the other guys argument. The other guys concern was this weasling on the part of slashdotters who are always looking for ways to protect the guilty. Of course we are concerned about the innocent, but the submission was not really about this -- it was about protecting the guilty. I for one am happy when the innocent are easily distinguishable from the guilty. I do not rejoice when the guilty learn to make themselves look innocent, and the innocent look guilty. But apparently, the submitter believes that this is a good thing.

    11. Re:Where is the principal in all this ? by swillden · · Score: 2, Interesting

      Show some backbone, people.

      You've forgotten something: The "I didn't do it!" argument is a valid one. Or should be, anyway.

      My boss recently got "caught" by the MPAA for downloading and sharing movies. When he told me, I laughed out loud, the notion is so ludicrous. This is a guy who drops $15K on a family vacation every couple of years, flying his kids, their spouses and their children to the Caymans for a two-week stay in the beachfront duplex he owns on Cayman Brac. If he wants a movie, he buys it, without an instant's hesitation, or even glancing at the price tag. And he's *way* too busy to spend hours fiddling with P2P clients to download a crappy DivX of Shrek (one of the movies he was accused of downloading -- and which he already owns a copy of).

      What had happened was that someone had rooted his box (which was attached to his cable modem directly because he couldn't use the company's VPN software through his Linksys firewall) and was trading files from his machine. I was able to prove conclusively that this was what had happened, but it didn't matter. His ISP got a "ceace-and-desist" letter from the MPAA and they immediately terminated his service. After much groveling and pleading he convinced them to reactivate his account, but they informed him that if they ever receive another such letter, they're cutting him off permanently.

      Sure, his ISP sucks, but this "guilty until proven innocent" approach is the real problem.

      P.S. His Linksys is now fixed, his machine is patched up and Windows Update is on... so it'll probably be a few months before it happens again.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    12. Re:Where is the principal in all this ? by Anonymous Coward · · Score: 0

      Ok, so what we need now is just few dozens of IP addresses of RIAA manager's, and start spoofing using those. I think it should be a win-win situation, RIAA vs. RIAA. If they sold tickets for that show, I might buy one!

  17. Weasely by Anonymous Coward · · Score: 1, Insightful
    A defense such as this would no doubt be looked upon as "weasely" by anyone on the jury / in the court who has ever used a file-sharing client. Sometimes these kind of defenses can backfire bigtime.

    If I was ever brought in on copyright infringement charges and there was evidence, I'd feel more secure arguing that I didn't know I was doing anything wrong, not that the evidence was suspect (someone spoofed my clipart search into one for metallica, changed my IP address, hop count, etc. resulting in 10 gigs of copyrighted files on my computer which I somehow didn't notice/delete).

    Occam's Razor will cut off the weasel's tail!

    1. Re:Weasely by GSloop · · Score: 2, Informative

      The issue is... what "evidence" is used to secure the subponea to get the case to court, or to obtain more evidence - i.e. the physical computer itself. I doubt this will be used as a defence in court, but as a technical attack on the legal process the plaintiff used to subponea the personal information of the defendant in the first place.

      The subponea is issued simply at the "request" of the copyright holder. In basic terms, because they say in good faith, that infringement (impringlement) occured.

      The ability to seriously compromise the very basis of the subponea is a very serious issue. It would be like getting a warrent to search your house based on faulty evidence. If the basis for the warrant is shoddy, then the evidence gathered by executing the warrant is generally inadmissible. This often simply taints the case so horribly, a judge will refuse to let the case go forward.

      In essence, this new technical analysis adds serious doubt to the initial procedure proving infringement and the request to "reveal" the true identity of the user in the first place. Thus, it could have serious impact on the validity of the subponea, and thus toss the entire case on technicalities.

      Again, I don't see this as an argument that infringement didn't take place in the trial phase of a case. It would be used to quash a subponea, or additional evidence produced after its issue.

      (I'm not a lawyer, so perhaps my critiquie is wrong.)

      Cheers,
      Greg

    2. Re:Weasely by ahfoo · · Score: 2, Informative

      Nice point and it inspired me to go check out the wording of the DMCA to see exactly what it does say about subpoenas.

      In preface to the quote, I'll add my opinion that this paper on spoofed addresses is probably even more relevant to the pending appeals of the ISPs than to the cases against individuals.

      As you can see for yourself, this paper would allow the ISP to simply deny that they have a reliable response to the subpoena and so cannot provide any data. Here's the quote from Title 17, Chapter 5, Section 512

      (3) Contents of subpoena. -
      The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider.

      If it's not feasible for the ISP to provide evidence "sufficient to identify the alleged infringer" then how can the ISP be compelled to compy? Note that the law does not say that the ISP must simply provide any records they have, it specifically states that they must provide records that identify the alleged infringer. If their records cannot reliably identify any individual, then why should they be compelled to provide information that they, themselves know to be quite likely false and misleading. How would such actions serve justice when the ISP is already aware that the records are misleading and cannot be considered identifying data.

      If this report of spoofed identities on P2P is true, then providing such records would make the ISPs liable for misrepresenting their data as identifying alleged infringers when they can't actually verify that this is the information that the data provides.

  18. Good strategy to confuse the RIAA by Anonymous Coward · · Score: 2, Interesting

    Someone write a lightweight gnutella client that "frames" everyone within reach on the network. This way, the RIAA will have no clue....

  19. Even worse (or better?) by Anonymous Coward · · Score: 5, Interesting

    Furthermore, a worm/trojan could be released that secretly installs a Gnutella client and ACTUALLY downloads some tunes. Would ignorance be an excuse, when suddenly every computer in the world is filesharing? Tell you what, if I did fileshare copyrighted material, I would put up a fight.

    1. Re:Even worse (or better?) by Anonymous Coward · · Score: 0

      Yeah right! You won't even post with your own account.

    2. Re:Even worse (or better?) by I8TheWorm · · Score: 1

      Didn't you watch Dragnet? Ignorance of the law is no excuse.

      TvLand jokes aside, it's true that ignorance of the law is no excuse. However, ignorance of the action (as I think you're suggesting) of a law being broken could be. I would liken it to a car accident happening behind you that you don't see. If you do see an accident and fail to stop and render aid, you've broken a law. But if you didn't see it happen, you haven't broken any laws.

      However, like someone posted earlier, the sad truth is it all comes down to whose lawyer is better/costs more, especially in civil cases, where it's the preponderance of the evidence.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    3. Re:Even worse (or better?) by Anonymous Coward · · Score: 0

      Furthermore, a worm/trojan could be released that secretly installs a Gnutella client and ACTUALLY downloads some tunes. Would ignorance be an excuse, when suddenly every computer in the world is filesharing?

      You have a very evil and devious mind. I admire that.

    4. Re:Even worse (or better?) by Anonymous Coward · · Score: 0

      a worm/trojan could be released that secretly installs a Gnutella client and ACTUALLY downloads some tunes.

      I can see it now: thousands (millions?) of Mico$oft Windows Personal Computers sharing the latest hits.

      They could even call it the 'Britney Spears' virus.

      To knock it out all you have to do is find the URL for top-10 hits site that it looks up monthly. Then there would be thousands of computers violating copyright of last month's most popular - an even greater shame!

      I know I'm adding Britney Spears MP3's to my anti-virus signature list. You should too - do it before it's too late and we are overrun with piracy *quality* music[1].

      ---
      [1] Not endorsed by the MPAA, RIAA or available outside the USAA (United States of American (corporate) Arseholes.)

    5. Re:Even worse (or better?) by jafuser · · Score: 1

      If you do see an accident and fail to stop and render aid, you've broken a law.

      What law is this? Surely I'm morally obligated to help, but I don't think I'm legally obligated to risk my own ass to save someone else's, if I had nothing to do with the danger he put himself into?

      --
      Please consider making an automatic monthly recurring donation to the EFF
    6. Re:Even worse (or better?) by I8TheWorm · · Score: 1

      I'm not sure about your state, but in Texas it's

      (4) failure to stop and render aid or information in the event of a motor vehicle accident resulting in the death or personal injury of another.

      Found in 523.005.(a) of the DRIVER'S LICENSE COMPACT OF 1993 and in Art. 6419b.Sec. 2 in Chapter 8 of the penal code.

      Sec. 3. A person who violates this article commits an offense. An offense under this article is a Class C misdemeanor.
      Added by Acts 1987, 70th Leg., ch. 864, 1, eff. Sept. 1, 1987.
      Not too big a deal, but still an arrestable offense here.

      There are other occurences in Texas law regarding failure to stop and render aid, with other punishments like losing your drivers license.

      Hit this link to find tons of stories about convictions in Texas.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
  20. A Question by bogie · · Score: 4, Interesting

    Someone already sort of asked this but they are modded at 0 and thus might not get heard that easily. I was wondering if anyone had a breakdown of just what P2P networking the RIAA is targetting. If you read the headlines all you would think is that this is between the RIAA and Kazaa. I remember when recently when we all joked about the actual kazaa names people were using and how many "kazaalite" users there would be.

    So what's the deal? Any WinMX, EDonkey, Bittorrent users being attacked in this recent spat of 700 cases by the RIAA. Or is it just those Kazaa users?

    --
    If you wanna get rich, you know that payback is a bitch
    1. Re:A Question by Kilbasar · · Score: 5, Informative

      I know for a fact that the MPAA monitors eDonkey. I was caught by them a few months ago, and they told my college to yell at me. Since the RIAA seems to put even more resources than the MPAA into tracking file sharing, I'm positive they're also watching eDonkey.

    2. Re:A Question by Armaphine · · Score: 2, Insightful

      Well, the RIAA, in all honesty, has to sink a lot more investment into file-sharing than the MPAA does. After all, a person can download some 3 or 4 meg song over a 56K line without too much heartache. Try doing the same thing with a 700MB DVD rip, and it becomes a lesson in frustration.

      As far as monitoring the different networks, I'm sure that they do monitor them, but at this point, it's not worth them drawing more publicity to those networks, and therefore raising utilization of them. Stick with Kazaa, and you can get the majority of the file-swappers, which is, in all honesty, good enough.

    3. Re:A Question by danila · · Score: 1

      Generally, eDonkey is for movies, KaZaA is for music. So it would make sense that MPAA would monitor ed2k network, but KaZaA probably doesn't need to.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    4. Re:A Question by frission · · Score: 1

      that would be funny if they're trying to monitor BitTorrent files, because once they starting downloading to verify the validity of the file, they'd be immediately sharing the same file :)

  21. Re:Oh please by dnotj · · Score: 0

    BitTorrent has many legitimate uses. In fact, I'm using it right now....legitmately.

    --
    No more Micro$oft bashing from me. Its like bashing at the special olympics.
  22. suggestion by Anonymous Coward · · Score: 0

    i suggest that all /.'ers make it look like we're sharing contraband, then counter sue the RIAA when they sue us. sound like a plan? who's with me!

    1. Re:suggestion by rhuntley12 · · Score: 1

      Your paying for my lawyer? If so, I'm in! Woo! Can we sue the RIAA in hawaii though?

  23. Re:FP by cyt0plas · · Score: 0

    Perhaps he's referring to the "Your All Gay" website.

    Or, more likely, he's just an idiot.

    --
    Contact Me (got tired of viruses emailing me).
  24. Send this to EFF etc. by Anonymous Coward · · Score: 0

    Make sure EFF and other lawyers see this stuff!!!

  25. Unlikely by dtfinch · · Score: 2, Insightful

    At least in the ways described in the document. They're describing potential attacks that just don't seem like they'd be worthwhile to pull off. A jury would be silly to use this as the reason to let file sharers off the hook, unless their only concern is getting the file sharers off the hook, regardless of whether they're guilty.

  26. Annoying, it's it? by RyanFenton · · Score: 3, Interesting

    That's the thing about innocence until proof of guilt. One has to show evidence that the presumed innocent logically has to be guilty. Not that they COULD be guilty. Not that they might as well be guilty. Not if they have the tools that would allow them to be guilty. Not even if the prosecution can't find anyone else that they think might be guilty.

    It's things like these that can make harrassing people a real bummer for a litigious group in the long run. Still - fear and respectful loathing may still "work" in the short term. But again, that short-term respect and fear will die down if cases are ruled against them.

    Ryan Fenton

    1. Re:Annoying, it's it? by nessus42 · · Score: 1

      Alas, in civil cases, as opposed to criminal cases, the plaintiff doesn't have to prove guilt "beyond a reasonable doubt". They only have to have the "preponderance of the evidence", which means that if the evidence is 51% with the plaintiff and 49% with the defendant, then the jury is suppose to rule with the plaintiff.

      |>oug

    2. Re:Annoying, it's it? by GSloop · · Score: 1

      I posted this elsewhere in this article, but I think I'll post again here.

      In summary: I doubt this issue will be used to prove innocence, but rather to argue the subponea should not have been issued in the first place. In short, the plaintiff didn't have enough confidence in their assesment of infringement to legally merit the subponea.

      ---
      I'm lame and can't remember how to code a link, so I'll cut and paste instead...

      ---
      The issue is... what "evidence" is used to secure the subponea to get the case to court, or to obtain more evidence - i.e. the physical computer itself. I doubt this will be used as a defence in court, but as a technical attack on the legal process the plaintiff used to subponea the personal information of the defendant in the first place.

      The subponea is issued simply at the "request" of the copyright holder. In basic terms, because they say in good faith, that infringement (impringlement) occured.

      The ability to seriously compromise the very basis of the subponea is a very serious issue. It would be like getting a warrent to search your house based on faulty evidence. If the basis for the warrant is shoddy, then the evidence gathered by executing the warrant is generally inadmissible. This often simply taints the case so horribly, a judge will refuse to let the case go forward.

      In essence, this new technical analysis adds serious doubt to the initial procedure proving infringement and the request to "reveal" the true identity of the user in the first place. Thus, it could have serious impact on the validity of the subponea, and thus toss the entire case on technicalities.

      Again, I don't see this as an argument that infringement didn't take place in the trial phase of a case. It would be used to quash a subponea, or additional evidence produced after its issue.

      (I'm not a lawyer, so perhaps my critiquie is wrong.)

  27. I am quite against IP in general... by MickLinux · · Score: 2, Funny
    I am quite against intellectual property in general, because intellectual property is not truly property, and violates natural law.


    But I am also very much against anything that perverts justice, obfusciates the truth, and in general destroys respect for the law.


    This one is ridiculous, because 99% of the people who say "no, it wasn't me, someone set me up" based upon this will be perjuring themselves.


    Quite honestly, isn't that the claim that most criminals make?


    I, for one, if set up, would have a different answer: "I never installed Kazaa or other P2P software, nor did I pay the Kazaa fee." Come to think of it, that would be my defense if accused of stealing cable channels too: "I never bought one of those cable-selection-hiding filters; indeed, I never bought cable TV."


    Come off it, people. Stop trying to make a case for yourself why maybe it perhaps isn't so bad, and perverting your consciences.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    1. Re:I am quite against IP in general... by GISGEOLOGYGEEK · · Score: 1

      how can you be against anything that perverts justice etc .. and yet be against intellectual property?

      If you create a great idea, you deserve to have that idea protected as intellectual property so that you can recoup your costs and efforts through the proceeds of your idea.

      is it not just for someone to benefit from their ideas? if you can't benefit from your ideas then you will fast find yourself not wasting all that time coming up with new ideas (this is the point where the world comes to a crashing halt and we all live on a socialist beet farm 'sharing the land')

      you just don't like the idea of having to compensate others for creating the ideas you want to use or just plain couldnt think of yourself. You want a freebie from other people's hard work.

      who decides what is just? who decides what is natural law? You? what gives you the right do decide or to dare to think you are right? God? who's God? What makes you think your God is right when I know my God is right or when I know your God doesnt exist? I am of the feeling that you have no business pretending you can make those decisions for me.

      What if my natural laws and just beliefs say you should jump off a bridge? Gee I don't see you leaping!

      --
      George Bush + Linux = "I will not let information get in the way of the fight against Windows"
    2. Re:I am quite against IP in general... by MickLinux · · Score: 2, Interesting
      is it not just for someone to benefit from their ideas?

      No. It is just for someone to benefit from their labors. The common law takes a lot from the Bible, and the biblical phrase is "the fruit of their labors", not "the fruit of their dreaming." That said, so that you don't think I'm pointlessly quoting something, let me ask you: when is the last time that you have seen someone *think* food onto the table or into peoples' hands? Mind you, it has happened [Christ feeding the 5000], yet he was also God. Therefore, it is just for God to benefit from His ideas, since His ideas have power. But it is just for ust to benefit from our labors. IP goes against that.

      The point of an idea is that you can then put it into practice. Gut the idea of its point, and it's lost all its essence, and is rightfully worthless.

      If you create a great idea You think it; you don't create it. you deserve to have that idea protected as intellectual property so that you can recoup your costs and efforts through the proceeds of your idea.

      How quaint. And what, pray tell, are the costs of thinking? Zero? I thought so. So costs are already recouped. And what is the effort of thinking? Metabolic? I urge you not to go on strike. Who, exactly, told you that fib?

      You just don't like having to conpensate others for creating the ideas you want to use or just plain couldn't think of yourself. You want a freebie from other people's hard work.

      Again, hard work nothing. That aside, no, I don't want any freebees that are not freely given. But the same species has similar brains, and similar thoughts, and the thoughts are the easy part. I don't want peoples' hard work stolen from them, to give freebees to those who had the idea, and lazily chose not to implement it -- or had the idea, and chose to implement it, but did not have enough of an idea to get it right, so that it can't compete.

      Who decides what is just? The final judge of all.

      Who decides what is natural law?Nature, as designed by the final judge of all, see above. And remember, when your country which violates natural law goes through starvation and the 3rd world, rounds third without stopping, and heads for a home run. That will be the last witness to you that the final judge exists, and is a better judge than you.

      What gives you the right to decide or to dare to think you are right? Look in the mirror. Which is arrogant? The man that looks at nature, and says "I see natural law" after studying it? Or the man who ignores nature, and says "who has the right to say what natural law is", as he steps off a cliff? By your actions, you are choosing to be a judge, and far more arrogant a judge, than any who defers to nature or the Bible, or the Koran, or the writings of the practitioners of Wing Tsun. They, at least, are deferring to the judgement of other men, and judgements that have stood the test of time. You are deferring, by your choices, to your own judgements and no other. See your own arrogance, be ashamed, and be silent. Learn.

      What if my natural laws and just beliefs say that you should jump off a bridge? Gee I don't see you leaping! I, quite naturally, will follow the laws that I follow [mathematical logic there, identity theorem. You, quite naturally, will follow the laws that you follow. My law is natural law. Your law is yourself. Your law *does* say "walk off the cliff". My law says "do not walk off the cliff." You, from your tone, would say that you pay homage to Darwin. I too pay homage to Darwin, but with my circumspection, as opposed to my feet. I strongly advise you to pick a better law, and to recognize a better judge, for your judgement seems to be terrible.

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
    3. Re:I am quite against IP in general... by vidarh · · Score: 1
      The term "natural law" is usually applied to basic principles that have more or less held throughout most civilisations. In that respet intellectual "property" rights are certainly not elements of "natural law". In fact calling it intellectual "property" in the first place is misleading, since it's certainly not property - patents and copyrights grant you much narrower rights.

      More significantly, these laws are relatively new - they come from British common law, when the crown used to grant monopolies as favors or to make money. Keep in mind that a large part of the early US progress was a result of blatantly violating those laws. Later, both patents and copyrights have been adopted as tools that may spur innovation, and thus may warrant the limitation in what is seen as the natural right to copy, use and spread information temporarily because it will ultimately lead to more work that will enter the public domain.

      It's a cute idea to assume that natural law is based just on opinion and belief, but that's just not true. Copyright and patent law on the other hand is historically a recent phenomenon.

    4. Re:I am quite against IP in general... by Anonymous Coward · · Score: 0

      You are truly ignorant, you know that? Intellectual property and copyright laws don't apply to intangibles, such as a simple idea, it is when someone takes effort to produce the intangible idea into something tangible.

      And doesn't producing something tangible mean you've laboured to produce it? In fact, if you didn't labour, it couldn't logically exist.

      Also, hundreds of years ago, when the US was in it's infancy, a group of people got together and decided to seperate state and church, thus the laws of the land would not be based on ludicrous mythologies that have you believing there's an invisible man living in the sky.

      "I've said it before, and I'll say it again. Grow a brain." - Guess who?

    5. Re:I am quite against IP in general... by Anonymous Coward · · Score: 0
      AC to AC, just because you've farmed the ground and reaped wheat, does not give you the right to even one of my bushels of wheat. Even if you thought of it first.

      Aside from that, your statement doesn't match the reality of IP farms. Essentially, the IP farms own IP, and really don't produce anything.

      As far as separation of church and state, that's fine. However, 100 years after that, a group of people got together and decided to separate God and reality. Your views are a product of that extremely foolish decision.

    6. Re:I am quite against IP in general... by Anonymous Coward · · Score: 0

      Why stop with intellectual property? Why not be against all property--like real estate, for instance? After all, there was no work involved in getting it in the first place, if you want to look at the historical picture. People just claimed the land they wanted. I sure you would find many Native Americans who might agree with this sentiment.

    7. Re:I am quite against IP in general... by GISGEOLOGYGEEK · · Score: 1

      No use replying ... its another case of this guy's God being the only answer regardless of other opinions. Something he knows he can hide behind at least until his death where the absolute ending will yield no answers.

      His bible - rewritten by the romans to their advantage a couple hundred years after 'events' had passed (no mom and dad, we never had sex, it must have been god that got me pregnant! really!) - reinterpreted a million times over thousands of years to support whomever at the time happened to want to steal money from the masses or murder others with 'false' gods ... will be the bar by which all people must be judged. No new rules of reason need apply.

      His imagination (err god) says natural law or 'the way things have always been done' commands that he shouldnt have to pay for the use of other peoples great ideas and that the 'final judge' will back him up. - too bad he wouldnt even have a computer on which to have this debate if many people hadn't had great ideas that they were able to profit from in some way.

      Go back to your stone age campfire, thinking up the spirits you need to protect yourself from the noises at night.

      --
      George Bush + Linux = "I will not let information get in the way of the fight against Windows"
  28. Re:Oh please by Anonymous Coward · · Score: 0

    ignorant troll alert

  29. MOD PARENT DOWN! by Anonymous Coward · · Score: 0

    Either you're trolling, or you don't understand the post you're replying to. Gtk-Gnutella does have an option to "force" your local IP to something other than what your box detects it as. In fact, here's a screenshot of where this setting is in Gtk-Gnutella. Please get a clue before you post.

    1. Re:MOD PARENT DOWN! by jpu8086 · · Score: 1

      No, once again, that IP# only applies to search results. Not for connectivity among real peers.

      --
      now supporting:
      cmdrTaco for president '04
      michael for oval office intern summer '05
    2. Re:MOD PARENT DOWN! by Anonymous Coward · · Score: 0

      You seem to be bent on proving someone wrong when, in fact, you're just downright illiterate. Nobody is saying that your peers don't know you're real IP. All anyone's saying is that it's easy to spoof results without any knowledge of the Gnutella protocol. The feature is in most clients.

      Stop making a fool of yourself.

    3. Re:MOD PARENT DOWN! by jpu8086 · · Score: 1

      And that is what I have been saying. (You're the one who seems confused. If all of those anon posts are by the same person)

      There is no way to spoof IP#! You can only poison search results. This can be easily defeated by downloading the file and checking to see it if is for reals.

      When you specify a fake IP# in one of those dubios clients, you're basically killing QoS of the network. It is worse then leeching.

      --
      now supporting:
      cmdrTaco for president '04
      michael for oval office intern summer '05
    4. Re:MOD PARENT DOWN! by Anonymous Coward · · Score: 0

      And by specifying a fake IP, it's easy to incriminate users without any real knowledge of the Gnutella protocol. That is, as long as the authorities don't download the file from you. What this means is, to accurately verify that you're violating copyrights, the authority has to download the file from you and also listen to a part of it to verify it is what it appears to be. There will be reasonable arguments against their evidence, any other way, though they might still win on preponderance of evidence, considering it is a civil trial. As I understand it, though, they already do download portions of the files from the people they sue to verify it is what it appears to be. They make mistakes, namely the Professor Usher incident, and apparently this procedure wasn't followed before issuing a cease-and-desist letter.

  30. Those silly Windows users. by platipusrc · · Score: 1

    But he notes that there are other ways to incriminate an innocent party: "Most Windows users will run any old attachment you send them, so if you want to implicate someone you can just send them a Trojan."

    Is that a low blow, or is it just me? I mean, seriously, I used to use Windows before I became a convert to FreeBSD. I don't recall ever opening a trojan or any other executable file from anyone, whether I knew them or not.

    --
    And the muscular cyborg German dudes dance with sexy French Canadians
    1. Re:Those silly Windows users. by vidarh · · Score: 1

      The fact that you became a "convert to FreeBSD" clearly show that you're not part of "most Windows users"...

    2. Re:Those silly Windows users. by vegetablespork · · Score: 1

      Or most computer users, for that matter, given that BSD is . . . oh, never mind :).

      --

      Call (206) 338-5780 COLLECT for information about a genuine BA, BS, MA, MS, MBA, or Ph.D.

  31. Shhhhhhh! by Anonymous Coward · · Score: 0

    Let us Mac users have our fun by playing dumb.

    It's been working for years!!!

    Mwaaaahahahahaha!

    1. Re:Shhhhhhh! by Anonymous Coward · · Score: 1, Funny

      What, you're all just playing? Yeah, right...

  32. Re:mp3 music is illegal by ruiner13 · · Score: 3, Insightful
    "I taught my son a lesson by destroying his iBook. The lesson is that if you work hard and save your money to buy something, once you break the law with it, it will be taken away. By the time he saves enough to buy another laptop (which will be around two years based on his after school pay check) he will have learned that he was doing something bad and wont do it again."

    Dude, if I had you as a parent, I'd watch your back. How is your lesson any better than a thug breaking a gambler's legs for not paying on time? I hope you don't own any guns... you just may become a statistic.

    --

    today is spelling optional day.

  33. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    No, he is not going to learn a lesson about the moral implications of file-sharing. He's just going to learn to hate you for something, I'm assuming, he worked to buy himself. You fucking dolt.

  34. Re:mp3 music is illegal by Anonymous Coward · · Score: 0
    Downloading mp3 of music that you do not own is illegal. I taught my son a lesson by destroying his iBook.
    Hopefully the next time you are illegally speeding, you will remember this when the cop that pulls you over teaches you a lesson by destroying your car.
  35. RIAA by The+Bringer · · Score: 3, Funny

    The RIAA has an amazing similarity to OJ Simpson. Still in search of 'The Real Filesharers'

    1. Re:RIAA by Anonymous Coward · · Score: 0
      Joe Slashdot has amazing similarity to OJ SImpson. Always looking to get off on a technicality, only to find that this is a losing strategy in a civil trial.

  36. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    That is a seriously fucking harsh cop.

    Maybe his blankie was run over by a speeding car or something....

    Anyway, this guy's problem is that he must be upset that people are stealing money from Yanni or that ET guy.

  37. Spyware, popups, Bearshare sucks a nut. by Anonymous Coward · · Score: 0

    See topic.

  38. Re:mp3 music is illegal by dafoomie · · Score: 2, Insightful

    So to punish your son for downloading music, which really doesn't have any value anyway, you destroyed a computer worth over 1000 dollars of your son's money? What would you do if he simply shoplifted the cd's, cut off his hands? Would you have destroyed his car for speeding?
    I suppose you've never copied a video tape, or a cd, or a casette, or recorded something off the radio or tv.
    I don't get why people treat downloading music as worse than stealing the cd. It's not even close to being like physicly stealing, you're not depriving anyone of their property.
    You're probably just a troll anyway, no sane person would do that.

  39. Re:FP by Anonymous Coward · · Score: 0

    Am I the only one who is dumbfounded that, not only did someone register "yourallgay.com", but that they even made their own flash cartoon showcasing their complete lack of comprehension of the English language?

  40. The real reason this article was posted by DongleFondle · · Score: 1

    "Most Windows users will run any old attachment you send them . . ."

    BURN! Hee hee.

  41. Re:Oh please by MoneyT · · Score: 2, Informative

    hmmm, let's see. I've used P2P apps to:

    *Remotely administer files on a computer
    *Access files on my PC while at class
    *Back up data
    *Aquire legal distributions of applications
    *Aquire legal distributions of media
    *Aquire quick information about a song or artist
    *Communicate and (legaly) share files between friends and co-workers

    seems like legitimate uses to me.

    --
    T Money
    World Domination with a plastic spoon since 1984
  42. Flaw by Anonymous Coward · · Score: 2, Informative

    The article points out how p2p query and response packets can be forged, owing to the routing used by p2p systems. But when a download starts, it's between one peer and another (hence "P2P" or peer-to-peer). Downloads are invariably over tcp for reliability. So if the music industry downloads a song from you--well, you gave it to them over a specific IP that is not masked by the p2p query routing. One might object that the people being sued by the RIAA are not actually sharing files, and they there are simply bogus query response packets being sent by mischiefful hackers. But surely the music industry actually actually downloads the shared file, and makes sure it's copyrighted material. (If they don't, then all we'd have to do is share /dev/random as "madonna.mp3" or some such.) So, if the music industry is downloading a file from a known IP, how does a spoofed search packet make for reasonable doubt? There's been one recent account of the wrong person being sued. This appears to be clerical error when the RIAA requested the identity of certain IP-- It's all but certain that after that little snafu (much touted by anti-RIAA folks), the RIAA corrected their mistake and went after the right person, this time making sure the secretary typed the right IP number on the subpoena.

    The only situation where the 'spoof share' defense raised in the paper might be plausible is if the person sharing the music had their machine hacked. That is, if their IP was being used as a reflector to bounce a TCP stream off of another person.

    Usually only hackers (well, script kiddies too) use reflectors and tcp proxies to help mask their trail. But you'd think that if someone where good enough to use open proxies/reflectors (even if they're just script kiddies), they *at least* know enough to not use kazaa/gnutella, and instead use IRC, xdcc, bittorrent, and other technologies that the RIAA has not cracked into (yet?) To make an analogy: gnutella/kazaa are like Walmart. Everyone can come in an after some delay and trouble, finally find what they're looking for. But even script kiddies who know about IRC are like the mafia types who stop the delivery truck behind the Walmart, and make off with what they want. Look, if you're really into xdcc and/or IRC transfers, you can get whatever you want. You probably have a few ftp upload sites (perhaps some temporarily 'volunteered') by viruses and worms) to trade files. There's no need to rub shoulders with the masses in Kazaa and not find what you're looking for.

    It's an interesting paper, but the contribution amounts to saying "Well, if you're accused of violating copyright by the RIAA, perhaps you can claim your computer was hacked by someone else. Yea... that's it 'I was hacked and didn't share those files myself.'".

    That's an interesting defense. Perhaps it will work on a judge or two. BUT remember this: Usually when you make a defense, you have an affirmative burden to meet. You have to support your defense with evidence.... So if you claim you were hacked, you'll have to prove it.

    So, your computer better have been hacked by someone, *for real*, or else you'll be in trouble with the court. Downloading mp3s and getting caught is one thing. Perpetrating a fraud on the court or manufacturing evidence is another.

    1. Re:Flaw by bucket74 · · Score: 1
      But surely the music industry actually actually downloads the shared file, and makes sure it's copyrighted material.

      I don't feel so good about that assumption. This doesn't *specifically* apply to the RIAA but last year our company recieved a cease & desist letter from Warner Bros. saying _someone_ was illegally using our corporate network to share a divx rip of "Austin Powers: Goldmember." Had they actually checked they would have found that it was actually a misnamed rip of Paramount's "Zoolander." I would not be suprised if that kind of thing doesn't still happen. Think about the amount of resources they would have to use to actually check all the files they're accusing people of illegally sharing. Not something a bot could do.

  43. Flaws in the paper by PureFiction · · Score: 4, Informative

    First, as some have mentioned previously, all of the RIAA legal actions required that the ISP's map date + IP correctly to the right user. This has shown to be problematic, as a number of Mac users have been caught up in the lawsuits.

    The RIAA cannot expect the ISP's to provide 100% infallable information. This alone is a bigger threat than the attacks mentioned.

    On to the paper. You can find it via google.

    For the duration of these items im going to assume that the networks in question are either FastTrack/KaZaa or Gnutella. These appear to be the networks currently targeted by the RIAA.

    Scenario 1: Modifying Search Requests and Search Results in Transit

    This is a non starter, as the RIAA have mentioned before regarding their tactics that they rely on MD5 check sums of files that are downloaded from the peer. Simply modifying search results or requests will not incriminate anyone given the method the RIAA is using.

    Scenario 2: Spoofing the Originator of Search Results and Search Requests

    This falls into the same problem as #1. This will not get someone targeted by the RIAA.

    Scenario 3: Renaming a Contraband File to Match Incoming Search Requests

    This is a bit more troubling, as the MD5 sums would match the contraband, however, the title may be something completely innocuous - "Slashot Comment Archive" for example.

    I find it unlikely that the RIAA would target someone based on MD5's alone. Their tactics appear to use a search to identify potential infringing uploaders, and then a download to confirm contraband via MD5 sum.

    If this is the case, then the search for contraband would likely miss this type of file, as it would be renamed to something else (also popular) but unrelated to contraband content.

    This does remain a viable risk and potentially exploitable entrapment attack

    Scenario 4: Impersonating Another GP2P User

    This is another non starter in the same lines as #1 and #2. The RIAA is not using randomly selected user GUID's to identify infringers.

    Scenario 5: Tricking an Innocent User Into Downloading Contraband from an Authority

    This is a very implausible attack. The RIAA is using custom software to track the network, and does not appear to be uploading the files they are downloading for evidence, as would normally be the case with a standard kazaa/morpheous client.

    The chances of downloading a contraband file from the RIAA crawlers seems nil, regardless of how spoofed search resulsts could direct them in this fashion.

    In short, there is a potential for abuse, but the methods used by the RIAA prevent a number of these from working effectively. They search keywords and titles, and then confirm contraband with MD5 checksums of the uploaded content.

    This is very hard to spoof without actually deploying the contraband on a peer with malicious intent. You are still liable if someone puts contraband on your client!

    The biggest danger is still the ISP's inability to properly account for times and dates for each user associated to each IP address. This will continue to target innocent individuals, although the RIAA does appear to drop cases that are blatantly without merit.

    1. Re:Flaws in the paper by permaculture · · Score: 1
      --
      Environmentalism is the new Victorianism. Everyone ties on a green corset and pretends we're virtuous.
  44. Even easier on edonkey by Cryogenes · · Score: 3, Interesting

    On the edonkey net, information about who has what files is collected and managed by edonkey servers. Since the server protocol is open, anyone could write a server that deliberately misinforms clients about the location of RIAA files.

    1. Re:Even easier on edonkey by Anonymous Coward · · Score: 1, Interesting

      The edonkey servers can hold fake or bad
      information, sure. BUT THE RIAA WILL DOWNLOAD
      A FILE FROM A PEER. And that download is
      not through the server (it's from one
      peer to another, or peer-to-peer, p2p).

      And in that case, they'll know the IP of the
      person who shared the file.

      Messing up the edonkey server files will just
      make routing a pain the ass. It does not
      hide the peer once a download starts.

  45. Re:mp3 music is illegal by Anonymous Coward · · Score: 1, Funny

    I'm not sure how this works, but if your son bought the laptop then it belongs to him, so your destroying it without his consent may well have been illegal. Illegal !

    I think you'd better hand over your laptop/PC to him along with a hammer or other suitable destructive device so that he can teach you a lesson.

  46. Re:FP by smeenz · · Score: 1

    Yes... apparently that's what happened.

    I'm a little dumbfounded myself.

  47. Even without these holes, where's the proof ? by dewdrops · · Score: 5, Insightful

    There's something that's bothered me about these lawsuits since the beginning: what proof does the RIAA have that a given person shared a file ? They're simply using logs of their software. But how is this being verified ? A log, afterall, is just a textfile; I can make one now that says Lars Ulrich was sharing my copyrighted works.

    Not to mention they're also relying on the DHCP logs of the sharer's ISP. These were designed to aid admins, not to be 100% accurate. And, even if we assume that the RIAA's and the ISP's logs are accurate, most people these days have multiple machines on their home networks and often wireless access points. How can could one possibly prove that the internnet account holder did the sharing and not a neighbor sneaking on via wireless or a friend who stopped by with a laptop or a roommate ?

    IANAL, but I don't see how any of these cases could possibly stand up in court, with or without security holes.

    1. Re:Even without these holes, where's the proof ? by updog · · Score: 1
      Yes, I agree, it'll be interesting to see one of these cases go to court. or better yet, what about those who willingly share wireless access, such as those individuals who participate in a community wireless projects? Or just simply keep their wireless routers open? I don't see how blame could be placed on the individual with the access point.

  48. Haven't You Heard? by thecampbeln · · Score: 4, Insightful

    The "law" is no longer about the "truth", but who can spin the best "half-truths" (read: lies). And the best "lawyers" (read: lairs) cost $$$, so in short, he with the most money gets "justice" (read: their way). So anything the "little guy" (read: not much $$$) can win is to come up with a nice "open-source" "half-truth", of which this seems to be. That and all that framing stuff others mentioned ;)

    --
    "1984" was ment to be a warning, not a guidebook. You hear that Kim Jong-il!? BushCo?!
    1. Re:Haven't You Heard? by LX.onesizebigger · · Score: 2, Insightful

      That's because in civil trials, the standard of proof is on the balance of probabilities rather than the more well-known beyond reasonable doubt. (Which is why OJ was found not guilty, but liable for wrongful death, and more importantly why the RIAA, while using language from the domain of criminal law in the media, keeps these cases civil trials, though there's not much civil about it in any sense other than the legal.)

      Personally, I think the U.S. legal system needs to revisit their standards of compensation, especially in the field of copyright, but let's see how many of us think that will happen? Anybody? Oh.

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    2. Re:Haven't You Heard? by salesgeek · · Score: 1

      The "law" is no longer about the "truth", but who can spin the best "half-truths"

      Actually, you are somewhat on to something. In a civil lawsuit in order to prevail on the facts, you have to have a "preponderance of evidence". It's almost like 51% wins. Jurries and judges decide who has better proven their case.

      Regardless, that everyone who uses Gnutella looks guilty would likely render a large ammount of evidence gathered by RIAA useless and thus make it even harder to prove that someone did in fact harm
      RIAA (the harm question is another good one).

      --
      -- $G
    3. Re:Haven't You Heard? by Zimm · · Score: 1

      The "law" is no longer about the "truth", but who can spin the best "half-truths" (read: lies). And the best "lawyers" (read: lairs) cost $$$, so in short, he with the most money gets "justice" (read: their way). So anything the "little guy" (read: not much $$$) can win is to come up with a nice "open-source" "half-truth", of which this seems to be. That and all that framing stuff others mentioned ;)

      So you have no confidence in your fellow citizens that serve on juries? Maybe you should spend less time watching TV, and more time in an acutal court room.

    4. Re:Haven't You Heard? by twiddlingbits · · Score: 1

      Filing a suit costs a filing fee, so since the courts are collecting more filing fees due to the RIAA suits shouldn't our taxes be coming down?? If folks would take the RIAA to trial the civil courts would be clogged and nobody could get other cases heard. I dont think that would sit too well with the citizens..."I'm sorry sir but we can't hear your divorce case till six years from next Tuesday as the RIAA cases have our court booked solid". In many civil cases if the plantiff loses they have to pay your[defendant] fees. Just wait until the RIAA tries to sue a lawyer over his/her downloaded music, all hell may break loose!

  49. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    YHBT. HTH. HAND.

  50. There are no juries, these are CIVIL cases by FakePlasticDubya · · Score: 2, Insightful

    It really makes no difference if these arguments can be used a a defense or not. THESE ARE NOT CRIMINAL CASES. There is NO JURY.

    Basically, you can go before a Federal Judge and try to convince him you shouldn't pay $150,000 per song, or you can settle with the RIAA for ~$2000. To do the former, you'll need to hire a lawyer and be out more than $2000 anyway.

    That's why it's so scary. These aren't criminal cases. Hardly anyone even goes to court to try and make a case at all.

    --

    "We shall show mercy, but we shall not ask for it" -- Winston Churchill
    1. Re:There are no juries, these are CIVIL cases by odin53 · · Score: 4, Informative

      THESE ARE NOT CRIMINAL CASES. There is NO JURY.

      Of course there are juries in civil cases. What makes you think there aren't? It depends on the jurisdiction, but at least in the federal court system, in most civil cases you need only ask for a jury trial to get one, and only if both parties waive will you not get a jury (i.e., get a bench trial).

  51. Re:Since it's theoretical, it doesn't change anyth by anonymous+cupboard · · Score: 3, Insightful
    You don't get it.

    To publish something that relies on reverse engineering puts you open to charges under the DMCA. Reverse engineering PD software is easy (you have the source). Reverse engineering a closed source program isn't exactly impossible, look at Kazaa-lite, for example. However there are other PD clients to more popular networks such as eMule for ed2k (no disassembly required).

    So you can still say that the RIAA's IP address is sharing movies and the MPAA's IP address is sharing MP3s for other networks.

  52. Same here with Gnutella by harmonica · · Score: 3, Informative

    About a year ago. There wasn't any punishment I'm aware of, but the network people didn't like the fact that they got quite a lot of those mails (big university, and obviously many people sharing).

  53. This could turn nasty by wrmrxxx · · Score: 1

    If this is a defense strategy, the RIAA could turn it around into an attack strategy.

    They could insist that now they need to confiscate all your computer equipment as evidence to confirm or deny the probable crime they detected, because the network 'evidence' is not longer trustworthy. This may sound unlikely from a legal perspective, but they've shown they have the power to make unlikely things happen (e.g. DMCA), and the arrogance to stomp on their potential customers. Instead of just getting a law suit delivered to you, you'd get a visit from enforcement officials to remove your equipment, along with a nice invitation to visit the courts in a year or two's time, at which point you may or may not get your gear back.

    1. Re:This could turn nasty by applemasker · · Score: 1
      Alleged copyright infringement is a CIVIL action - since when does law enforcement drop by and seize evidence in such cases? Answer: Never. More likely, but still not probable, the RIAA can seek an injunction prohibiting a defendant from further allegedly infringing activity. If you violate the injunction, then it's contempt of court, which means possible jail time. Secondly, if you were to delete/hack/alter your computer after being served with the suit, they probably have a separate claim against you for spoliation of evidence on the theroy that once suit is started, you have an obligation NOT to destroy evidence, and if you do, is presumed that the evidence was detrimental to your position. I wouldn't worry about RIAA repo'ing your hard drive just yet.

      Also, as pointed out elsewhere, from a purely economic standpoint, it often makes sense to settle for a nominal amount rather than even risk exposure to a potentially catastrophic judgment.

      Somewhat off topic, but I'm wondering if anyone's homeowner's or other insurance has provided coverage to any allged infringers.

      --
      Bush Lies On the Record.
  54. Not to Mention That... by Nom+du+Keyboard · · Score: 2, Insightful
    anyone on the Gnutella network can frame other users

    Not to mention that most home wireless networks are still running on their out-of-the-box (read no security) settings. How many people may have their IP hacked for filesharing through their wireless router?

    Even the best security settings on most 802.11b boxes are hackable, often in 24 hours or less.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  55. what we need by hpavc · · Score: 3, Interesting

    what we need is someone to write a virus that installs inself on windows machines and honeypots the common various p2p protocols and gives results that the riaa hate like a few titles of briney, metallica, etc.

    so when your ip address changes and your still listed as a valid source they get scanned and nailed with the legal mess.

    that will put an end to this crap when they start suing innocent people in massive quantities.

    --
    members are seeing something, your seeing an ad
    1. Re:what we need by NeuroManson · · Score: 1

      Or you COULD always just make one available for people who actually want to FIGHT the RIAA, instead of buggering up hundreds of thousands of innocent users' systems.

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    2. Re:what we need by hpavc · · Score: 1

      True, that buggering part does sort of suck ... likely some sort of terrorism thing as well.

      --
      members are seeing something, your seeing an ad
    3. Re:what we need by FrostedWheat · · Score: 1

      gives results that the riaa hate like a few titles of briney, metallica, etc

      Now there's something I can agree with the RIAA on. I to hate seeing search results with Britney or Metallica in them.

  56. Re:mp3 music is illegal by idiot900 · · Score: 5, Insightful

    Downloading mp3 of music that you do not own is illegal. I taught my son a lesson by destroying his iBook. The lesson is that if you work hard and save your money to buy something, once you break the law with it, it will be taken away. By the time he saves enough to buy another laptop (which will be around two years based on his after school pay check) he will have learned that he was doing something bad and wont do it again.

    So it's pretty obvious that you are a troll but you do inadvertently raise a good point about authoritarianism.

    Destroying your son's personal property was an immature act. He knows it was a childish thing to do, and it caused him to lose respect for you as an authority figure and role model. You have eroded your ability to make moral judgments that he will respect.

    If your child does not respect you, he will not listen to you. Because of the power you wield he will simply give the appearance of respect and obedience, but in reality will go behind your back and do whatever he wants. This is the behavior you are reinforcing. Why would he do any differently?

    So in a way you are like the RIAA. The RIAA is destroying any respect the public had for it by suing its own customers for large damages, much like you destroyed your son's iBook. Now even if they had a valid moral position (e.g. sharing music is stealing from artists) people are disinclined to believe it, regardless of its veracity. Music sharing will go on - just behind the RIAA's back.

    You and the RIAA both need to act like adults here and build trust by acting maturely. Then maybe you both will get the respect you desire.

  57. Re:mp3 music is illegal by Excen · · Score: 1

    That past was so trollish, Russ wants prosecute you for copyright violations.

    (If you don't understand my post, go here: http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&item =2953758022&category=1206)

    --
    "No beer until you finish your tequila!" -Leela's Dad
  58. Re:mp3 music is illegal by luther349 · · Score: 1

    yea someone send him a new ibook lol poor kid has a troll for a parent. ok my old man uses my computer and has downloaded mp3s a few times i dont keep them i just delete them so should i take a hammer to my dads fully resotred 79 commrow for downloading a mp3. shure its not a computer but its the same concept. well of course not me i simply told him to not to use kazza couse the riaa is on crack right now and suing the world. btw smashing the i book was relly stupid you could have simply restrecied his account so it couldent dl files but i guess your not that smart.

  59. Checksums... by hughk · · Score: 1
    Scenario 1: Modifying Search Requests and Search Results in Transit

    This is a non starter, as the RIAA have mentioned before regarding their tactics that they rely on MD5 check sums of files that are downloaded from the peer. Simply modifying search results or requests will not incriminate anyone given the method the RIAA is using.

    First, the MD5 checksum isn't considered to be kosher as an electronic signature. It may be faked. This why other algorithms are used now for eSigs.

    Second, on networks that allow search by signature - the searcher provides a signature so it is easy to fake a hit.

    Lastly, are they really downloading? Unless they have downloaded from a peer that hosts the file (i.e., relaying networks can't be so targeted) they can't be certain that they have the copyrighted material.

    --
    See my journal, I write things there
    1. Re:Checksums... by PureFiction · · Score: 1

      the MD5 checksum isn't considered to be kosher as an electronic signature. It may be faked.

      Checksums are not really signatures, which use public key encryption (asymmetric ciphers). To defeat a secure one way hash function, you need to find a collision. While it may be possible to find data that produces an identical hash as a copyrighted song, the changes are rediculously small. about 1 in 2^64 IIRC. People have been moving towards SHA-1 and other stronger hashes, but this really isnt something to worry about.

      on networks that allow search by signature - the searcher provides a signature so it is easy to fake a hit.

      Its not really a signature, its more of a Universal Resource Identifier (URI) or GUID for a given piece of content. Digital signatures rely on public key cryptography.

      Lastly, are they really downloading?

      Yes, and that was the point I was trying to make. They are really downloading, and comparing the MD5 checksum of the downloaded file against a database of known contraband.

      I think they have realized this is the only way they can truly defend their techniques in court; to have a log that says "we downloaded X from person Y at date and time Z".

    2. Re:Checksums... by hughk · · Score: 1
      First, we are really talking about checksums and this one is now considered to be too weak for cryptographic purposes. Whilst the chaces of an accidental collision are small, the chances of an intentional one are much higher.

      We are talking about file signatures here not crytographic signatures. A file signature is simply a way of identifying a file by its contents. Some networks actually calculate an MD5 checsum of a file and allow searching by the MD5 checksum (128 bits). You are confusing signatures with crytographically secure signatures and the two are very different. A cryptographic signature provides non-repudiation which means that nobody but the source of transactionis likely to have originated it. An identifier is just a tag and may have no link with the content. Please do not confuse the semantics.

      What is interesting here is that sharing is very difficult to prosecute. Can I prosecute a man who leaves a CD of my music in the street? What the RIAA is attempting to prove is that the person distributing the music has the same copy as someone else, so it implies that one of the sources copied the other's music.

      One particular issue which the RIAA would have to be very careful about is where did the download occur from? Many networks allow downloads from multiple sources. Who gets prosecuted then?

      We already have seen the process of linking a person with the act of downloading a file has already failed spectaculalry (a MAC running Kazaa is good for entertainment). The chain of evidence is certainly not of the highest level and whilst it is reasonable to guess that at a given location they may be offeding downloaders, say at a University dorm, how can you be sure when connections are NATed and IP addresses are leased?

      --
      See my journal, I write things there
    3. Re:Checksums... by PureFiction · · Score: 1

      We are talking about file signatures here not crytographic signatures. A file signature is simply a way of identifying a file by its contents. Some networks actually calculate an MD5 checsum of a file and allow searching by the MD5 checksum (128 bits).

      What you call a "file signature" is a cryptographic one way hash digest of the contents. I am not confusing this with digital signatures (which you appeared to be talking about in your first post). Those are something completely different.

      A better and more standard name for what you call a "file signature" is the URI - Universal Resource Identifier. One way secure cryptographic hash digests make great URI's.

      A cryptographic signature provides non-repudiation which means that nobody but the source of transactionis likely to have originated it. An identifier is just a tag and may have no link with the content. Please do not confuse the semantics.

      I'm not going to get pedantic, but you missed the point of my previous post. I know how digital signatures and cryptographic digests work.

      What is interesting here is that sharing is very difficult to prosecute. Can I prosecute a man who leaves a CD of my music in the street? What the RIAA is attempting to prove is that the person distributing the music has the same copy as someone else, so it implies that one of the sources copied the other's music.

      What? It is not hard to prosecute at all. They download a song from a potential infringer. Instead of having a human listen to it and say "yes, this is an illegal copy" they compare a secure hash of the content and say "yes, this is identical to known contraband". It's actually pretty straightforward and simple to automate.

      Many networks allow downloads from multiple sources. Who gets prosecuted then?

      In all of the current cases, they downloaded the entire file from the infringer, and confirmed that it was contraband. Your question is interesting, but not relevant to the current legal actions.

      I imagine that when they start targeting the multi-source download networks, they will simply not use the multisource downloading and retrieve the whole file from the single source, and continue as they currently do.

      Just because multi-source is supported doesn't mean that it is required.

    4. Re:Checksums... by hughk · · Score: 1
      No, when I talk about file signatures I am *not* talking about cryptographic signatures. A URI is any old rubbish being an arbitrary tag applied to the file *not* content dependent. I guess you are soewhat confused here, but so are many people.

      A long time ago, a file that was export controlled was placed in an area that was world accessible for ftp purposes. The file was downloaded interntationally. A grand jury decided that placing a file on an ftp server is not distribution. The downloader committed the offence of illegal export *not* the distributor.

      So you may understand now that proving that someone has downloadable files is totally insufficient. What the RIAA has already said is that they say that because user A has the same file a user B, someone performed the act of copying.

      Lastly, what is with this word contraband. According to my dictionary this is material that has been smuggled. We are not smuggling here. Lets get the language right, we aren't talking about killing people on the hiigh seas, we are not talking about murder - we are talking about copying without permission of the copyright holder.

      The problem comes down whether a user has copied something iwithout the permission of the original owner. That is all. Anything else from the RIAA is really just a bluff. The use of a file signature is to provide a comparison to prove that digital duplication ocurred as opposed to two people ripping their own MP3s of a track, i.e., through media shifting.

      The problem is that many networks allow multiple download sources. My copy of Knoppix came off ED2K and at least four different download sites helped. A sound track is much smaller, but it still can come from many places. The investigation company working for the RIAA must not only prove that the download could have come from a source, they must prove that the file actually came from that source. Better get the packet analyzer ready.

      We know that the chain is already broken, otherwise how could a 66 year old lady be accused of sharing via Kazaa. On her Mac. Somebody is legally incompetent.

      An interesting question comes if I wrote a file share ap that limited everyone to 30s running time (fair use) of a song and the downloader assembled these excerpts together. Then only the downloader is making an illegal copy.

      Anyway, the RIAA is operating in a legal minefield, but it is civil law not criminal law so they largely must depend upon the fact that they have more money so that fighting them is expensive. In criminal law there is no chain of evidence and the case would be inadmissable.

      Lastly, why I can waffle on about this. I was working on one major freeware security application. I normally work in the financial markets in banks and exchanges where we know the difference between signatures and identifiers on transactions. I certainly do know about computer security and the difficult of constructing an evidence chain linking an attack to an individual (hint, the feds and the police are really not much help here, you must do the leg work). I also think that P2P is great for file distribution and try to use borrowed techniques to get around bandwidth problems.

      --
      See my journal, I write things there
    5. Re:Checksums... by PureFiction · · Score: 1

      We seem to be talking past each other, so here is my last response.

      No, when I talk about file signatures I am *not* talking about cryptographic signatures. A URI is any old rubbish being an arbitrary tag applied to the file *not* content dependent. I guess you are soewhat confused here, but so are many people.

      You are confused. Please see detailed information on URI's, URL's and secure digests.

      So you may understand now that proving that someone has downloadable files is totally insufficient.

      Thats not the point, and I understand why you would like it to be (convenient loophole - hey, I put it online, but nobody downloaded it!)

      The fact is, when the RIAA downloads that file from you, and the hash indicates its a known contraband file, you are screwed, and you have completed at least one illegal distribution of the file.

      Lastly, what is with this word contraband. I was trying to be consist with my description. I'll simply call them copyrighted files illegally distributed.

      The problem comes down whether a user has copied something iwithout the permission of the original owner.

      Yes, and the RIAA is using secure digital hash digests to confirm that the file downloaded is one they own a copyright for, and is not legally allowed for electronic distribution over peer networks by individuals.

      The use of a file signature is to provide a comparison to prove that digital duplication ocurred as opposed to two people ripping their own MP3s of a track, i.e., through media shifting.

      Yes, and that is a limitation of their method. You would need a unique digital hash for every encoding, as they would all contain different binary data.

      The problem is that many networks allow multiple download sources.

      This has nothing to do with the current discussion. Neither gnutella or kazaa force multisource downloading, and the RIAA are not using multisource downloading when targeting individuals.

      The investigation company working for the RIAA must not only prove that the download could have come from a source, they must prove that the file actually came from that source.

      They do. They download the while file from the user, and compare a secure MD5 digest. I cannot make this any clearer.

      We know that the chain is already broken, otherwise how could a 66 year old lady be accused of sharing via Kazaa. On her Mac. Somebody is legally incompetent

      This is a different issue. This is the inability of the ISP to keep track of customer to IP/date not in the method used to track that an illegally distributed file came from a specific IP.

    6. Re:Checksums... by hughk · · Score: 1
      You are confused. Please see detailed information on URI's, URL's and secure digests.
      Please refer to the IETF. An ISBN is a URI but it certainly isn't a content dependendant signature.

      You have clearly missed my point that placing a file in a public place does not imply distribution (legally tested). We are not talking about the FUD being distributed by the RIAA, we are talking about what happened in front of a US Federal Grand Jury.

      Thanks however for accepting my pontt about language. The use of which seems to be essential to prejudice public opinion and court cases.

      Howevevr you miss the point about single vs. multisourvce dosnloading. The process of switching sources is automatic.If you can't show me a session log, I'm sorry, you don't have the remotest bit of proof. All you can say is that at some point there was a connection with another system, the investigation company cannot show whether *any* of the data was transferred. They show whether they confused your file management in the same way that you confused your acronyms. Essentially the companies who are doing this tend to be a little dubious and it wouldn't be too hard to prove that they are not showing due dilligence in the handling of evidence.

      "Secure MD5 digest" is an oxymoron. Please read the literature. It has been demoted to the status of a checksum.

      Then regarding little old ladies:

      This is a different issue. This is the inability of the ISP to keep track of customer to IP/date not in the method used to track that an illegally distributed file came from a specific IP.
      This isn't proved to be a failure either way, again it is possible that it was just sloppy and incompetent handling of evidence. It is just unlikely that the the lady concerned wasn't running Kazaa under an emulator.

      Are you working for one of these companies? Is this why you are so defensive about the techniques?

      --
      See my journal, I write things there
    7. Re:Checksums... by PureFiction · · Score: 1

      You have clearly missed my point that placing a file in a public place does not imply distribution (legally tested).

      No, as I've stated before, this is not about simply placing a file in a public place. This is about unathorized distribution, aka, "uploading a song" to a RIAA contracted spider / peer.

      Quit trying to change the subject.

      we are talking about what happened in front of a US Federal Grand Jury.

      Like I said previously, this is not about access, this is about actual distribution, i.e. uploading.

      Howevevr you miss the point about single vs. multisourvce dosnloading. The process of switching sources is automatic.If you can't show me a session log, I'm sorry, you don't have the remotest bit of proof.

      Agreed, which is why they are not using multi-source uploading at all. Not at all. Its all single source uploading from gnutella and kazaa. If they did target a multisource network, they would simply elect to obtain the full content from a single peer at a time.

      The multisource upload capability in even peer file sharing implementation (aside from freenet, which is not p2p sharing) is driven by the client. If you have a modified RIAA client explicitly asking for full downloads from a single source, they can get the client to do so.

      "Secure MD5 digest" is an oxymoron. Please read the literature.

      I'm not going to discuss this further, but while MD5 is questionable as a secure digital signature / encryption challenge mechanism, it is still highly resistant to collision (on the order of 2^64 not considering file length as an identifying factor) which is suitably convincing in a court of law or federal grand jury as you mention, especially when you are dealing with known MD5's for multiple songs, all of which where sucessfully upload from the target peer.

      Are you working for one of these companies? Is this why you are so defensive about the techniques?

      No, i just find it annoying when serious weaknesses are dismissed out of hand. I have been working on open source peer networking software for many years, and would prefer that legal vulnerabilities are addressed on technical grounds rather than dismissed on legal assumption.

      For example, achord and mix networks would provide a very strong layer of anonymity with regards to block sources in a multi-source download as well as caches of encrypted data (i.e. freenet style separation of key and data with onion style routing protection against traffic analysis and achord ensurance against requesting all blocks
      from a single anonymous source.

  60. They might be reaching for it by abertoll · · Score: 2, Insightful

    Yes the RIAA has to make a good case for who they prosecute, but I think in order to use "someone could have framed me" as a defense, they'd have to provide a motive for why this person would have wanted to frame them.

    In civil cases (for damages) I *think* judgement is by proponderance of the evidence which means this will probably not be a good defense at all. A lot of things in court are decided on which cannot be proven 100%.

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    1. Re:They might be reaching for it by radja · · Score: 1

      the RIAA has more than enough motive to frame people.

      --

      No one can understand the truth until he drinks of coffee's frothy goodness.
      --Sheikh Abd-Al-Kadir, 1587
    2. Re:They might be reaching for it by dmaxwell · · Score: 1

      the RIAA has more than enough motive to frame people.

      Granted, they have the motive. But why bother? There are gazillions of people who really are sharing out their entire Britney and Hanson collections. Why bother with the risk of getting caught framing someone when they have so many potential targets that are legally legitimate?

      The RIAA has a quality control problem with who they're suing. A little bit of research and kid glove handling could have headed off the little old lady before it blew up in their faces. It would even be more cost effective. They won't need to pay for PR damage control and there'll be even more money for the attack lawyers. The pool of victims er defendants will be that much more unsavory looking to the jury.

      Oh well, intelligence isn't a quality we assign to the RIAA around here. Maybe they really are stupid enough to do a frame up.

  61. Re:Oh please by Anonymous Coward · · Score: 0

    from your sig:
    Micro$oft bashing and complex sarcasm yeilds "Karma: Bad". Guess I'm a Flame Baiting Troll

    Writing Microsoft with a $ exposes you as a basement-dwelling 16-year-old having the first opinion of his life that doesn't involve his nappie. THAT's why your karma is bad.

    Don't give up though.

  62. Weakness used for attack by Anonymous Coward · · Score: 0

    The same weakness in Gnutella could be used by RIAA to simply make it impossible for people to find any of their copyrighted material. They could answer every search for their material with bogus locations of where it is located resulting in nobody being able to find where valid files are actually located.

  63. Freenet and Gnutella by abertoll · · Score: 1

    Wasn't one of the features of freenet that you didn't know where things came from because nodes lied to each other about who has what? Also, things are cached all over the place when they're popular.

    In Gnutella, don't you connect directly to the person who has your file after you find it? If so, I don't think merely *searching* for a file will provide for damages! And in order to actually connect the sender must know your IP address... but I guess that's between you and the sender at that point.

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
  64. caching by mericet · · Score: 2, Insightful

    On of the obvious ways to scale-up Gnutella was caching of search results, this would mean that even without framing there could be responses which are already irrelevant because the IP address was since reassigned, this could potentially produce the same effect. Without actually successfully starting the download, there is no way to know if the response is correct. Additionally, the original Gnutella protocol does not provide checksums, so even a correct response could point to the wrong file.

  65. How do they know she had a Mac?? by sexecutioner · · Score: 1

    How did they verify that she had a Mac??

    The first thing I'd do if I got one of these letters is go out and buy the cheapest and crappest old mac that I could find and set it up with all my ISP details.

    Would the ISP logs be able to verify that the mac you have now wasn't the machine you used previously??

    Just a thought.

    PS: If the server logs do differentiate between machines (Like MAC addresses for ethernet cards) then what if you used the same modem, somehow ;-).

  66. Ooh, an anonymous paper by Rogerborg · · Score: 3, Informative

    That'll help to provide reasonable doubt! No... no, wait... these are civil cases, not criminal. There's no burden of proof, no assumption of innocence, no "reasonable doubt" defence.

    All that the RIAA has to do is to show that the balance of probability is that the person on the other side of the courtroom is who the RIAA say they are and did what the RIAA say they did. Now, really, how probable is it that Kazaa users (which is who they are targetting) are likely to be the target of a malicious prank that's only been claimed (anonymously, and not yet independently verified) to be theoretically possible on Gnutella?

    Sorry for the nasty little wake up call, but civil cases aren't like Twelve Angry Men . If you're relying on this as a defence, I'd suggest changing your story to "a wizard did it", because that's a more probable explanation.

    --
    If you were blocking sigs, you wouldn't have to read this.
    1. Re:Ooh, an anonymous paper by Anonymous Coward · · Score: 0

      Fucking wizards. I hate those fucking wizards. Those guys are *always* causing trouble...

    2. Re:Ooh, an anonymous paper by panxerox · · Score: 1

      Ok how long will the riaa be able to haul innocents into court? If half those people got spoofed info violation the riaa's up a creek they won't be able to moralize then they will simply fail.

      --
      "It's so convenient to have a system where everyone is a criminal" - A. Hitler
    3. Re:Ooh, an anonymous paper by Rogerborg · · Score: 1

      How many innocents have they hauled into court so far?

      I make it a count of zero.

      You're crying wolf. I hope you know the parable.

      --
      If you were blocking sigs, you wouldn't have to read this.
  67. Re:Old Joke by Anonymous Coward · · Score: 0

    That's your first 'old joke' I've seen that made me laugh out loud. Thanks!

  68. Reasonable doubt by bo0ork · · Score: 2, Insightful

    This is a digital world. Evidence is easy to fake and destroy. Picture a scenario where I download a BO (back orifice) client to my machine. Then it's up to the attorney to prove that someone didn't use that BO client to download things, first to my computer and then FTP:ing them to their own.

    --
    Does everything include nothing?
  69. Anonymously? by samj · · Score: 1
  70. Re:mp3 music is illegal by NanoGator · · Score: 1

    "I taught my son a lesson by destroying his iBook."

    Just so you know, you're raising a rebel.

    "In any event, no one here has anymore right to judge my parenting skills than I do."

    Perhaps not. But when everybody tells you what an idiotic parent you are being, I'd advise you listen. You don't have to agree, but seriously, listen.

    --
    "Derp de derp."
  71. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    So, if someone spots you speeding, they are allowed to smash up your car?

  72. Re:mp3 music is illegal by Anonvmous+Coward · · Score: 2, Funny

    "Downloading mp3 of music that you do not own is illegal. I taught my son a lesson by destroying his iBook. The lesson is that if you work hard and save your money to buy something, once you break the law with it, it will be taken away. By the time he saves enough to buy another laptop (which will be around two years based on his after school pay check) he will have learned that he was doing something bad and wont do it again."

    Oh wow. I had no idea Dr. Laura visited Slashdot!

  73. Re:mp3 music is illegal by NanoGator · · Score: 1

    "Oh wow. I had no idea Dr. Laura visited Slashdot!"

    Oh wow. I had no idea anybody that listened to Dr. Laura visits Slashdot!

    --
    "Derp de derp."
  74. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    "Oh wow. I had no idea anybody that listened to Dr. Laura"

    Oh wow. I had no idea that anybody listend to dr lara.

  75. Attempting to telnet in? by Anonymous Coward · · Score: 0

    Ok i'm no computer expert, but that was interesting. I clicked on his link and it appeared that an attempt was made to telnet into my computer. When I clicked on the link in the lower left corner of my browser it said telnet://67.37.26.90:1234.

    I do not think he succeed in telneting in or doing anything else but I am not totally sure. I use Red Hat 9 Linux and the security settings for the iptables firewall are set to reject incoming telnet connections but to allow outgoing connections. I quickly typed ps -A to see what process were running and did not see telnet listed. I also looked in a security log but did not see anything about a port 23 connection (not that I have much experience reading security logs or know what to look for). So did something get through? I have installed all the latest security patches.

    I then went to the hackerwatch.org web page and had it scan all my ports and it said they were invisible. Does that mean that nothing was being shared or was open? I hope not. It was an interesting demonstration anyway about how easily an ordinary innocent computer user could be implicated! With telnet access I assume a cracker could could have downloaded whatever music he wanted and the innocent person would look like he or she had done it.

    Can some more knowledgeable person better explain what all happened or was supposed to have happend. I recognize the telnet command, the class A ip address but what is the 1234? Was he mainly trying to telnet in? Was an attempt made to do anything else? I do not know much about hacking or security. I am still just learning about such things.

    1. Re:Attempting to telnet in? by Anonymous Coward · · Score: 0

      The link isn't for someone to telnet into your computer, it's for you to telnet to some computer, more specifically 67.37.26.90, port 1234 (clearly arbitrarily selected).

      There aren't any URL types in current web browsers that turn your machine into a server, so you don't need to worry about that.

    2. Re:Attempting to telnet in? by Anonymous Coward · · Score: 0

      try this (using IE ofcourse)

    3. Re:Attempting to telnet in? by Anonymous Coward · · Score: 0

      what the hell was that??? It scared me and i quickly hit Alt-F4...

    4. Re:Attempting to telnet in? by Anonymous Coward · · Score: 0

      It's not destructive, it just shows a pretty fire effect.

    5. Re:Attempting to telnet in? by SlashDev · · Score: 1

      True there are not links on current web browsers to turn your computer into a telnet server, but what if you were using a version of windows IIS on your computer and the link contained a command to start the service and go from there ...

      --

      TOP DSLR Cameras Reviews of the top DSLRs
  76. proof? by the+stimp · · Score: 1

    How could the RIAA proof someone is sharing? Do they show up in court with a print with my ip number on it? I can make a print of every ip number i can think of.

  77. Re:mp3 music is illegal by NanoGator · · Score: 1

    "So to punish your son for downloading music, which really doesn't have any value anyway, you destroyed a computer worth over 1000 dollars of your son's money?"

    Sounds like some of that infamous RIAA math to me.

    --
    "Derp de derp."
  78. Does anyone know? by Anonymous Coward · · Score: 0

    How can they even show any evidence for which files actually exist on your hard drive? Kazaa and other P2P applications limit the number of returned results a user can retrieve for a query. Wouldn't they at least need a screen capture of a listing of all the files they claim are in violation? They couldn't just argue that since Kazaa told them Slashdot_Troll@Kazaa.com was online sharing 1,000.000 files that there were offering any music files among them. I can't think of any way they could enumerate the amount of music the files that any given user has without using an illegally modified client, which would be a violation of the DMCA. Would they just try random searches of file names for a given user? Or would they need to do something more sinister like misusing the IP address to actually gain access to the person's system. Does anyone know what kind of evidence they use to scare people into settling?

  79. Don't supose anyones RTFA by stewwy · · Score: 1

    But I loved the comment at the end of the New Scientist article ".... Most Windows users will run any old attachment you send them, so if you want to implicate someone you can just send them a Trojan. says it all really, just have a ready to install trojan on your machine as a get out of jail free card

  80. PDF or HTML are both good by Anonymous Coward · · Score: 0

    I like either PDF or HTML. PDF is platform independant and viewers are available for various operating systems. I use Red Hat Linux 9 as my main operating system and PDF files work perfectly well with it. The Linux version of the Mozilla browser automatically calls xpdf and displays the file for me. It works well with Windows, Linux and probably MACs too. My only slight criticism of PDF is that on a slow dial-up connection some PDF files take about a minute or so to download.

    I do agree that posting an MS Word file would not be good. For one thing MS Word files sometimes have macro viruses in them. I do not know if that can happen with PDF or not.

  81. Re:mp3 music is illegal by bhimaji · · Score: 1

    > I taught my son a lesson by destroying his iBook.

    You're an idiot, but the -1, Troll already says that. At least donate it to charity or something useful.

  82. Possibly beware of the link... by Zone-MR · · Score: 4, Informative

    If you are using any version of windows NT, it is not always wise to open untrusted telnet links. By default windows will send the NTLM hash of the logged in user to the remote server, which could be auditted to recover the password in usually less than a day.

    1. Re:Possibly beware of the link... by Anonymous Coward · · Score: 0

      This would be a major security hole. Is it documented somewhere?

  83. Well, Chuck D's on our side by Cornelius+Chesterfie · · Score: 1

    http://www.mtv.com/news/articles/1479466/20031001/ ll_cool_j.jhtml?headlines=true

    This is a short article on the recent Senate hearing on P2P.

    "Chuck D wasn't about to let online freedoms be curbed. "P2P to me means power to the people," he said. "I trust the consumer more than I trust the people at the helm of these [record] companies."

  84. Fools!! by logic-gate · · Score: 1

    mlMac connects to the Kazaa and eDonkey networks on OSX.

  85. So many misconceptions . . . by werdna · · Score: 5, Informative
    In reviewing the threads in response here, I noted so many misconceptions as to how our legal system works, I thought it might be useful to compile them into a single e-mail rather than answer piecemeal.

    1. Jury Trial. Somebody suggested that because this is a civil action, there is no jury trial. This is not the case. The Seventh Amendment assures that a plaintiff or defendant is entitled to a jury trial for an action traditionally at law, which includes actions for Copyright Infringement.
    2. Preponderance of the Evidence.Because these are civil actions, the plaintiff only needs to prove the elements of his cause of action by a preponderance of the evidence. That is, to produce evidence tending to show that it is more likely than not that the allegation occurred. The theoretical possibilty that it might have happened otherwise doesn't suffice to get you off the hook (as it might in a criminal trial) unless you show not only that it is theoretically possible you aren't guilty, but that it is LIKELY that you aren't guilty.
    3. Reliability. Most evidence is unreliable -- there are two sides to every tale, and you almost never have a forensic "gotcha" slam-dunk that will actually goes to trial. The standards of authentication are virtually trivial in many cases, and the weight of the evidence is weighed by ordinary people. I guarantee this -- at the end of the day, the jury is not going to listen to forensic experts on both sides contradicting one another as to whether there might have been fuzzy spoofing to frame the defendant -- the jury is going to consider the facts and evidence overall, the credibility of the witnesses and most significantly, the circumstances overall under which they occurred. Case in point: A produces contract supposedly signed by B. B denies signature. Signature experts on both sides quibble about authenticity of signature. This case will be decided not on the scientific evidence, almost never. It will be decided on the circumstances of the case: "Did you speak with A then? yes. Did you discuss the terms of this agreement? yes, but those weren't the terms. Did you get the shipment of widgets shortly thereafter? yes. did you install them? yes. did you see the invoice? i don't remember. did you ever complain about the price on the invoice? i don't remember. how about that first check you sent, how come you used the price set in the agreement then? well, that was a clerical error." The answers won't matter so much, as HOW they are answered. And you will be amazed at how well a jury can smell a liar.
    4. Not everybody lies. When you are caught, at some point you will be asked the ultimate questions under oath, and then you have a choice: (i) tell the truth, in which case you may be credible enough to prevail; or (ii) lie, in which case you may be credible enough to prevail. The thing about lying, however, is this: you are lying. For many of us, when push comes to shove, personal honor tends to matter more than a few bucks. For others, well, that's how it goes -- they are the lying liars that make this place a sadder one in which to live.
    5. RIAA has a case. Look, here it is. If the facts are true, if you have copies of unauthorized works on your computer, and they catch you -- you are busted. You did the deed, and it is actionable. You might not like it, but you are responsible under the law for your conduct.
    1. Re:So many misconceptions . . . by Anonymous Coward · · Score: 0
      The answers won't matter so much, as HOW they are answered. And you will be amazed at how well a jury can smell a liar.

      This is practically a tautology. Two people contradict each other at trial. Which one is lying? Since it's a he-said-she-said situation, and there is no "forensic "gotcha" slam-dunk", we have to rely on the descision of a court ... and who decides? The jury.

      So the jury always smells the liar because the jury is the one who has the ultimate authority to decide what the "truth" is in the first place. - If the jury is wrong, how would an impartial outsider know?

    2. Re:So many misconceptions . . . by Casca · · Score: 1

      I agree with most of what you said, except for point 5. RIAA has a case. Look, here it is. If the facts are true, if you have copies of unauthorized works on your computer, and they catch you -- you are busted. You did the deed, and it is actionable. You might not like it, but you are responsible under the law for your conduct.

      The thing is, they don't have your computer, and don't really know what is on it. All they have is your IP address, but it might not even be your IP address. What if you have a wireless access point, and your neighbor's laptop picked it up and grabbed a connection in your home network? It would look like you were the one doing the filesharing, but it was really all on someone elses computer. In this case, you would be no more guilty than the ISP you are using.

      Maybe you should have locked down your access point, but just because you left your keys in your car in the driveway and your neighbor stole it and mowed down a bunch of nuns doesn't make it your fault.

      --
      Casca
    3. Re:So many misconceptions . . . by werdna · · Score: 1

      So the jury always smells the liar because the jury is the one who has the ultimate authority to decide what the "truth" is in the first place. - If the jury is wrong, how would an impartial outsider know?

      Indeed. And so, we get to the misconception! Legal process is not about determining truth from a G-d's-eye view, for that is simply not possible. It is about giving a fair process and a reasonable shot to get there. The rules are set up to get to the truth whenever possible, and to expose liars -- cross examination is indeed quite "the crucible." An honest guy stands a far better shot than a deceptive guy when placed before a competent lawyer.

      Sometimes the bad guy will win, sometimes not, and we will never, ever be able tell, at least in the purely theoretical sense. On the other hand, those of us who do this for a living have what, at least we believe to be, a decent sense about these things, and I must tell you, the liars tend to be shorn more often than not, and the truth-tellers, even the dull, inarticulate and suggestible ones, tend to come off as decent, honest people -- even given a withering cross.

      The PROCESS is what this is about -- no pretense is ever made (except by prevailing party press releases) that the result of that process is always the truth.

    4. Re:So many misconceptions . . . by werdna · · Score: 1

      The thing is, they don't have your computer, and don't really know what is on it. All they have is your IP address, but it might not even be your IP address. What if you have a wireless access point, and your neighbor's laptop picked it up and grabbed a connection in your home network? It would look like you were the one doing the filesharing, but it was really all on someone elses computer. In this case, you would be no more guilty than the ISP you are using.

      There is process for addressing this: discovery. The parties look at the computer and use it to prove their case. If there is forensic evidence of guilt, too bad, so sad for the defendant. If there is forensic evidence of innocense, bad news for the plaintiff. If it is inconclusive, then you deal with more interesting facts -- and it is up to the parties. On the closest questions, the true 50-50 ones, the defendant wins. If the plaintiff's facts are more persuasive, the plaintiff wins, and vice-versa.

    5. Re:So many misconceptions . . . by Anonymous Coward · · Score: 0

      All you have to do is run out and buy a copy of the song which they are accusing you of having in mp3 format. You do have the right to recreate copywrighted materials our for your own personal use. So if you show up to court with the cd's of the songs for which you are accused then they have to throw out the case.
      If they try to get you for sharing then they must prove that you shared with those who do not own a copywrited version of the song in question.

    6. Re:So many misconceptions . . . by werdna · · Score: 1

      So if you show up to court with the cd's of the songs for which you are accused then they have to throw out the case.

      And why would that be?

      Let's start with the presumption you are an honorable person.

      Q. Did you make the .mp3 format files on your computer from that CD?

      A. No.

      Q. Did you have the CD when you copied it?

      A. No

      Thrown out how? You just confessed to copyright infringement.

      Now, let's say you are willing to be deceiptful under oath. Be ready to rumble -- you are about to get thoroughly grilled -- hopefully, you can answer consistently, and survive a forensic analysis -- if not, you just added perjury and suffiicent evidence to multiply the statutory damages by a factor of five.

      Sure, you can lie and you can cheat. You might even win possibly. And you will then be better than the RIAA how?

      Good show!

  86. just one by SHEENmaster · · Score: 2, Funny

    Darl McBride

    --
    You can't judge a book by the way it wears its hair.
    1. Re:just one by matticus · · Score: 1

      it's about time we get a funny sco comment. All of them seem to be so tired and annoying, but I laughed at this one because of the grandparent's description.

  87. Then something's terribly Wrong by Anonymous Coward · · Score: 0

    Let's see the bigger picture:

    The RIAA can successfully sue almost every single Internet-user in the US, should they be really guilty or not. They are in a position to threaten and settle with millions of citizens. This could be you if you're a US resident.

    When the Law says everyone is guilty, it's time to change the law. If breathing was illegal and one company held the rights to breathing, should people just comply / settle / asphyxiate ?

    IMHO this situation just shows that it's more than time to change the whole Intellectual Property principle to something that actually works.

    1. Re:Then something's terribly Wrong by Anonymous Coward · · Score: 0
      The RIAA can successfully sue almost every single Internet-user in the US, should they be really guilty or not.

      No they can't. What comes out of this is that your average slashweasel can't use these loopholes they're always looking for to slide out of this on some obscure technicality (whereas one could do this in a criminal case).

      When the Law says everyone is guilty, it's time to change the law.

      Weasels on slashdot != "everyone". HTH

    2. Re:Then something's terribly Wrong by Rogerborg · · Score: 1

      >The RIAA can successfully sue almost every single Internet-user in the US, should they be really guilty or not.

      The settlements they've made so far don't even cover their legal and investigative fees. Hell, they probably don't cover the fees of the PR flaks that feed the stories to the meedja.

      As we've already seen, it is possible to defend these cases. You just have to defend yourself, rather than caving in like a spineless weasel with a guilty conscience. Remember the Mac using grandmother? Contrast with Suzy Schoolgirl and her "I'm an honor student, but I was too dumb to understand copyright" whine.

      Pop quiz: why do you think so many people are settling? Are they all innocent? Are most of them innocent? Are any of them innocent?

      How about we stay well away from slippery slope arguments, and deal with the situation as it is. Millions of people breach copy rights every day. A few hundred of them are being sued. So far, one case appears to be suspect.

      Hardly 1984, is it?

      --
      If you were blocking sigs, you wouldn't have to read this.
  88. Spartacus by DrXym · · Score: 2, Interesting
    A P2P system which has nodes set by default to route requests and data packets around with a bit of crypto thrown in (a la Freenet but without the storage & ultraparanoid settings). The net result is that 1000s of sites know about some file, but only a handful actually have it with the rest routing packets around. The efforts involved in detecting who is actually doing the sharing would go through the roof. Of course P2P users might disable their settings to improve performance, but then they're exposing themselves to easier detection. So there is an obvious tradeoff, but by default it should be turned on to maximize the amount of noise.


    So let's see the RIAA crucify every single P2P user whether they're guilty or not. Altogether now - "I'm Spartacus!"

  89. wow, these new scientists are moronic by Anonymous Coward · · Score: 0

    So you can make it appear that someone is sharing something they're not.
    Unless the RIAA actually tries to download it from that person -- then they'll know if it's spoofed or not.

  90. Re:Since it's theoretical, it doesn't change anyth by Anonymous Coward · · Score: 0


    kazaa lite is merely kazaa minus the spyware installers and a hex edited binary repackaged with an installer, absolutly no RE involved, all the buttons still work (except the button text is now missing) these are just kiddies not assembler nerds

  91. Why doesn't KaZaa just.... by neilb78 · · Score: 0

    Why doesn't KaZaa just mod their program to make it appear that every user is sharing RIAA files? Then the RIAA would never be able to figure who is acutally sharing them.

    --
    © 2004 The SCO Group, Inc. All Rights Reserved.
    1. Re:Why doesn't KaZaa just.... by Anonymous Coward · · Score: 0

      Nah. Just make all clients act as 'proxies' for any other client. All searches, downloads and uploads go thru at least one proxy machine.

      Yes, it will slow things down. But it would totally ruin RIAA's ability to find the prerson who really DL's files...

  92. Not so much by Anonymous Coward · · Score: 0

    Last time I got a letter from the **AA, I checked it out and they had downloaded the entire file from me before sending the letter. Simply masking the searches won't help anything; they download the file directly from you.

  93. Correct by snatchitup · · Score: 1

    This paper is weak, at best.

    RIAA isn't suing unless it actually connects and downloads at lease enough of the file to determine it. Merely saying you have a file doesn't mean you have successfuly shared it.

    Also, the reason for setting the IP is that you may have your router/firewall port forwarding

  94. Piling on the Parental Troll by LittleGuy · · Score: 1

    The lesson is that if you work hard and save your money to buy something, once you break the law with it, it will be taken away.

    This message brought to you by the Department of Justice and the Department of Homeland Security.

    In any event, no one here has anymore right to judge my parenting skills than I do.

    Yet you post on a public board, albeit anonymously. Wonderful.

    Just remember, karma isn't just a modpoint, and she has a penchant for nice juicy asses.

    --
    Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  95. My defense by Pedrito · · Score: 1

    I didn't know I had Kazaa on my machine. A hacker must have put it there and used my machine for file sharing. Prove it was me and not a hacker. I run Windows.

    I mean, really, it's windows. I could find plenty of windows machines out there to hijack and use for file sharing if I wanted to. Any script kiddie could. How improbable is the defense? Well, given Microsoft's security record, I think it's plausible enough that the RIAA couldn't stand up to it. Just my own thoughts, though.

    1. Re:My defense by Anonymous Coward · · Score: 0
      didn't know I had Kazaa on my machine. A hacker must have put it there and used my machine for file sharing. Prove it was me and not a hacker. I run Windows.

      The "you-can't-prove-it nya-nya-nya" defence does not work in civil trials. If it smells like BS, you lose. Trying to get off on technicalities in a civil trial is a losing strategy, IMO. Look at what happened to OJ. The outcomes of the two cases reflect the difference between a civil and a criminal trial.

    2. Re:My defense by Anonymous Coward · · Score: 0

      I run Windows. perfect defense
      Why hell i;ll download any of them thar attachments 'scecaly if its a pctur og a nekked gurl

  96. Re:mp3 music is illegal by Afty0r · · Score: 1
    Dude, if I had you as a parent, I'd watch your back. How is your lesson any better than a thug breaking a gambler's legs for not paying on time? I hope you don't own any guns... you just may become a statistic.


    It's different in that a gambler not paying his money on time has not broken a law, he merely has a debt. It's different in that destroying a possession of someone is quite, quite different to inflicting a crippling injury. It's different in that the man posting is the parent of the child, and has a duty to bring his child up morally and ethically, and is carrying out actions to do so, rather than in an attempt to scare someone into giving him money.

    It's different in so many fundamental and critical ways that I hope *you* don't own any guns. Your twisted view of reality, and strange analogies could well turn you into a statistic.

    I can't believe the parent got modded up :/
    When I was a child, if I used a toy for something it shouldn't have been used for (example, firing a spud gun at other kids) my mother would take it away and BIN it, just like this man did to his sons iBook. It seemed harsh at the time, but I cannot deny that it was also fair.
  97. IP rights not in the interest of the creator by arth1 · · Score: 1
    is it not just for someone to benefit from their ideas? if you can't benefit from your ideas then you will fast find yourself not wasting all that time coming up with new ideas

    How do you know? All evidence seems to be contrary to your belief. There's been more inventions and works of art coming from places/periods/individuals without any "IP" protection than the opposite. In fact, I dare you to mention a dozen inventors who got rich on their own inventions because of "IP protection".
    What happens is often either of:

    1: The creator works for a company, and gets nothing himself, and the company or company owner gets both the fame and the money (like Alexander G. Bell). This doesn't spur the creator to produce or disclose new creations.

    2: The creator is already rich and able to fight for his "IP rights", making a fortune. In that case he's probably spent more time fighting than creating, but more important, he's become rich and has little incentive to continue creating.

    What makes an creative person continue to create, then? Recognition is a good incentive. Being able to freely discuss with peers is another important factor, which both improves the end result, cuts down on time and expenses, and gives a true synergy effect, where people boost each other's work. Not being bound up in bureaucracy (like spending all your time with lawyers and courts) is also a plus.

    Someone like W. A. Mozart created more than 70 symphonies, opera and concertos before he was 35. Without "IP protection". I bet had he lived in the US today, he would have produced less than a handful, while making big corporations and lawyers rich.

    Regards,
    --
    *Art
    1. Re:IP rights not in the interest of the creator by elflord · · Score: 1
      1: The creator works for a company, and gets nothing himself, and the company or company owner gets both the fame and the money (like Alexander G. Bell). This doesn't spur the creator to produce or disclose new creations.

      Surely, the company pays him a salary, which they would not be able to do if they had no revenue. So it is incorrect to claim that he "gets nothing".

      ecognition is a good incentive. Being able to freely discuss with peers is another important factor,

      For the employee of a company, being able to keep food on the table and a roof over your head is also a factor.

      Not being bound up in bureaucracy (like spending all your time with lawyers and courts) is also a plus.

      Yes, that's another benefit of working for a company. You don't have to run a business. You also avoid a lot of the risks that you would undertake as an independent one-man business. You could go it alone and make a lot more money, or you could work for a company and make a steady salary and have a reasonably secure job.

      Someone like W. A. Mozart created more than 70 symphonies, opera and concertos before he was 35. Without "IP protection".

      If the technology for making illegal copies were as inaccesible today as it were in Mozart's day, I'm sure the RIAA would be happy, even if they had less "IP protection".

  98. Re:mp3 music is illegal by Afty0r · · Score: 1
    What would you do if he simply shoplifted the cd's, cut off his hands?

    Obviously this is a very harsh punishment, however it is also very effective. There are no costs to society for jailed thieves, and levels or robbery and similar crimes are almost ZERO in countries which employ such punishments.

    It is not something I wish to see in my country, but your post appears to write it off as instantly wrong, but it's a very subjective area. Is the loss of hands to thieves really worth the incredible cost to society of thievery and robbery? I say it's not a clear cut issue.
  99. The article is fallacious. by TheSHAD0W · · Score: 3, Insightful

    Depending on how the RIAA is getting their lists, the article is at best fallacious and at worst deceptive.

    Supposedly the RIAA is going after people who've been sharing more than a thousand titles. It is highly unlikely the RIAA would've gotten this information by sniffing the network or by putting out queries; it would just be too impractical. Gnutella hosts will very often put a list of what they're sharing up in the form of a web page, and if the RIAA were reading the page, they'd be retrieving it directly from the user's verifiable IP.

    Similarly, other networks have the option to "browse this person's list". From what I understand none of these networks route the results of such requests through any sort of indirection; the data is also transferred via a direct connection to the "offender's" machine.

  100. You would have to convince a jury. by spiritraveller · · Score: 2, Interesting
    Basically, anyone on the Gnutella network can frame other users by making it look like someone is hosting RIAA music, even though they're not. Therefore, the RIAA's "evidence" against file sharers is theoretically unreliable and wouldn't stand as good a chance of holding up in court.

    Any form of evidence can be fabricated. In determining whether a piece of evidence is admissible, a judge looks for a proper foundation. One of the necessary elements is a finding that a reasonable jury could find that the evidence is what its proponent says it is. This is referred to as "authenticating" the evidence.

    A proper authentication might only require some testimony from an investigator showing how they got the ip address, and how they connected the ip address to the user. If they got it by monitoring Gnutella file requests, you could argue that that carries the same risks as hearsay. It is unreliable because it is not a message coming directly from the accused's computer. But it still would probably go to the jury.

    You would have to hope that a jury would not find for the evil RIAA... but they will NOT be told what the penalty is, because that isn't relevant to determining the facts. The liability for copyright violation is specifically defined by statute, so the jury doesn't need to know that to determine whether a copyright violation occurred.

    (I am a 3rd year law student)

  101. is that what freenet does? by Anonymous Coward · · Score: 0

    I was under the impression that freenet did something like that.

  102. Re:Since it's theoretical, it doesn't change anyth by laird · · Score: 1

    Forgive me, but I have no idea what point you're trying to make. Could you restate?

  103. "Plausible Deniability" malicious code??? by Anonymous Coward · · Score: 0

    What would happen if there existed a piece of malicious code (virus, worm) whose sole purpose was to install an automated gnutella client? What if this client "logged in" and uploaded/downloaded files at random intervals (so as not to flood the network)?
    The user would see no adverse effects and would not be aware that his/her machine was a fully qualified "file sharing" host. The internet would be populated with gnutella "mirrors" that automatically store and forward files. And, the RIAA would have a very difficult time proving in a civil court that the user was intentionally downloading their music files. Any defendant could simply claim that their machine was compromised by the malicious code and that the file sharing traffic observed by the RIAA was created by that code. If the code was successful in propagating itself, its existence would be reported by the media and the average user would be aware of its existence. Of course, a user could still download files with a real gnutella client, perhaps even from himself! It would seem to me that this hypothetical code would give anyone a plausible benefit of the doubt in a civil court and the RIAA wouldn't be able to sue anybody.

  104. These types of "Defense" only work if you Lie. by Machina70 · · Score: 1

    Or are actually innocent.

    Someone already brought up the preponderance of evidence "guilty" qualifier of civil case.

    But there's also the nice little fact about self-incrimination, you have no 5th ammendment protection in civil court. So unless you're innocent, you'd have to be willing to ad perjury(an actual crime) in defense of a civil complaint.(which should be ridiculus... but almost seems appropriate since the civil courts are being used as a corporate 20 lashes)

  105. Re:mp3 music is illegal by Anonymous Coward · · Score: 0
    erhaps not. But when everybody tells you what an idiotic parent you are being, I'd advise you listen.

    Listen to a bunch of whiny little brats on slashdot for parenting advice ? bwahahahaha ... that's a good one.

  106. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    I taught my son a lesson by destroying his iBook...By the time he saves enough to buy another laptop

    Note to your son: save your money to move out instead.

    P.S. Don't grow up to be a troll

  107. Obvious solution to all our problems by Anonymous Coward · · Score: 1, Interesting

    What we should do, then, is modify the Gnutella client to automatically send lots of spoofed requests. Then my legal defense isn't just theoretical.

    Heck, lets go further, and use the spoofing when we actually retrieve files. If I can spoof someone else's address, and have that person forward the file to me, I'd be pretty safe on requests.

    I'm still screwed if they request a file from me, though. So what I'll do is, whenever someone asks me for a file, if I don't have it I'll go get it, and just forward it to them. That way they won't be able to tell what files I actually have.

    I still might be liable just for forwarding, if I know about it. So I'll use an encryption protocol that keeps me from knowing what's on my own machine. I'll base the key on the filename, so anybody with the name can find the file and decrypt it, but since I just have the files I would have to randomly try keys to figure out what they are.

    And I'll wrap the whole thing in a bunch of free-speech-for-chinese-dissidents rhetoric so I have a legitimate noninfringing use.

    Oh, wait. I just described Freenet.

  108. Re:mp3 music is illegal by Anonymous Coward · · Score: 0
    I think I speak for the majority of Mac users by saying that we don't appreciate sarcasm and most of all being talked down to. good day.
    ...And as a member of the RIAA he may have to sue his son someday. Punishment by any means necessary. Don't you dare touch those MP3's!
  109. Innocent File-Sharers Could Appear Guilty? by Anonymous Coward · · Score: 0

    I'm not familiar with American law, but surely the issue of copyright is that it is illegal only to DUPLICATE copyrighted work...?

    Here's what I'm getting at. If the RIAA search through P2P networks and find you have copyrighted files available for download, they must still prove that you knowingly duplicated them illegally. Right?

    On the other hand, if someone downloads a copyright file from your computer, then the crime is theirs, not yours.

    Furthermore, assuming you are caught downloading copyright files. Would it be a reasonable defence that you weren't aware the material was copyright? Normally, copyright stuff comes with all sorts of labels and warnings etc, and on P2P networks, these warnings are non existent. Could you build a defence on grounds that, without the copyright warning, you assumed the material was public domain - pushing blame back to the last guy who did the copying and who failed to attach the copyright warning.

    cheers,
    f.

    1. Re:Innocent File-Sharers Could Appear Guilty? by elflord · · Score: 2, Informative
      I'm not familiar with American law, but surely the issue of copyright is that it is illegal only to DUPLICATE copyrighted work...?

      The point of it is to grant exclusive right to copy.

      Here's what I'm getting at. If the RIAA search through P2P networks and find you have copyrighted files available for download, they must still prove that you knowingly duplicated them illegally. Right?

      Wrong. By making them available for download, you are illegally distributing them.

      On the other hand, if someone downloads a copyright file from your computer, then the crime is theirs, not yours.

      Wrong. For example, maybe the downloader already owns the software or CD or whatever and are making a backup copy.

      Would it be a reasonable defence that you weren't aware the material was copyright?

      No. All material is "copyright". Unless there is a notice that grants you the right to redistribute, you don't have that right.

      Could you build a defence on grounds that, without the copyright warning, you assumed the material was public domain

      Not unless it had a copyright notice asserting that the material was indeed public domain.

      pushing blame back to the last guy who did the copying and who failed to attach the copyright warning.

      If someone strips licensing or copyright information, that is usually illegal. But you are still to blame unless they replace the notice with a notice that appears to grant you permission to redistribute.

    2. Re:Innocent File-Sharers Could Appear Guilty? by Anonymous Coward · · Score: 0

      If someone strips licensing or copyright information, that is usually illegal. But you are still to blame unless they replace the notice with a notice that appears to grant you permission to redistribute.

      Well this way, to stop RIAA lawsuits, all (or at least many) P2P users should do is attach a notice saying the material is public (even if not), and soon enough the networks will be predominantly full of such files.

      Now downloading and making-available-for-distribution would not be a crime, and catching the guilty one would be a problem of finding out who first altered the copyright notice....?

      cheers,
      f.

    3. Re:Innocent File-Sharers Could Appear Guilty? by elflord · · Score: 1
      Now downloading and making-available-for-distribution would not be a crime, and catching the guilty one would be a problem of finding out who first altered the copyright notice....?

      This would only work if you could convince a judge or jury that you really believed the copyright notice was genuine. A long shot argument, especially if this were a widespread problem.

  110. Re:Even worse (or better?) (precedent) by telstar · · Score: 1

    Here's an example of precedent, only it was with kiddie pr0n ... not MP3s.

  111. The article is way the hell too optimistic by DavidBrown · · Score: 1

    The poster doesn't understand the burden of proof. In most civil cases, the burden of proof is that the plaintiff (RIAA) has to prove their case by a "preponderance of the evidence". What this really means is that they have to show that their claim is more likely to be true than not.

    It isn't the much more difficult "beyond a reasonable doubt" burden of proof in criminal cases.

    So, in one of these RIAA cases, a defendant's lawyer can argue that the defendant could have been the victim of this sort of hacking, but it's up to the trier of fact to decide whether or this was actually likely to occur. And frankly, RIAA could get an expert witness to testify that while this loophole may exist, there isn't any likelihood that it was ever exploited prior to, say, today when this story was posted on /.

    Even in a criminal case, the jury would not have to come to the conclusion that the possibility of this sort of hacking creates a reasonable doubt preventing the jury from issuing a guilty verdict.

    It's a defense, and it'll help, but don't expect it to be the magic pill that will throw RIAA cases out of court.

    --
    144l. ph34r my 133t l3g4l 5k1lz!
    1. Re:The article is way the hell too optimistic by Anonymous Coward · · Score: 0

      It would if many machines were infiltrated by a virus that had automated P2P funtionality and the existence of said virus was known to all through the media. In fact, people might even discreetly allow such infection knowing that if a sufficiently large number of people had the virus, the lawsuit strategy would no longer be viable. The courts would surely be aware that "everyone" had the virus and that intentional pirating and virus activity were indestinguishable from a network monitoring perspective.

  112. Patriot act violation by nurb432 · · Score: 1

    Not keeping the records for when the feds come looking for a terrorist may be in violation of that stupid act.. and invite criminal charges against the ISP for destroying evidence.

    --
    ---- Booth was a patriot ----
    1. Re:Patriot act violation by Anonymous Coward · · Score: 0

      Not in the USofA. If you have a policy of not keeping records, there is nothing the feds can do to you. An ISP is under no legal obligation to keep any kind of records of customer use. As a practical matter for billing, it may need such records (and so keep them), but there is no law mandating they be kept. Only if you do keep records and then destroy those records after the feds ask for them can an ISP be hit with destruction of evidence charges.

    2. Re:Patriot act violation by bbqBrain · · Score: 1

      It's not considered evidence until you're asked to provide it as part of the investigation of a crime. Otherwise, you'd never be allowed to throw anything out...it's all potential evidence.

      Some corporations (a very large beer producer comes to mind) are now enforcing restrictions on how long employees can keep internal documents, in physical or digital form. This is the brainchild of the legal department, and it reduces their liability considerably. A leaked internal memo can easily seal a conviction in a corporate fraud/antitrust/endangerment case.

      Disclaimer: I have no experience with the law, per se, but plenty with Law & Order. ;-)

      --

      One of the reasons that I became a lawyer was to avoid ever having to hire one. -SPYvSPY
  113. Now, if we could just... by freeBill · · Score: 1

    ...find out which accounts on filesharing systems are really RIAA spies, we could frame them for sharing illegal files.

    --
    Eternal vigilance only works if you look in every direction.
  114. this-is-such-and-such.mp3 by Anonymous Coward · · Score: 1, Insightful

    I'm surprised nobody considered this before. If the RIAA is hunting you down for FILENAMES, then who knows. I could take a 3 meg text file full of 1's and 0's and name it metallica-unforgiven.mp3, and get sued. I say they have to download every file, and listen to it. Lets see how many lawsuits they have then.

  115. Re:mp3 music is illegal by Rick.C · · Score: 1
    "Be kind and fair to your children, for one day they will choose your nursing home."

    I'd be mending some fences, my AC friend.

    --
    You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
    "Math in a song is good."-Linford
  116. Perhaps you are referring to this? by Anonymous Coward · · Score: 0

    http://www.iss.net/security_center/advice/Intrusio ns/2000905/default.htm

  117. United File Sharing Defense Fund by mmerlin · · Score: 1

    The UFSDF was setup to help fight the RIAA

    --

    smile, it makes everyone else wonder what you're up to :-)
  118. Re:Since it's theoretical, it doesn't change anyth by EZmagz · · Score: 1

    In the article posted, the author stated that ALL of the major P2P clients out in the wild are succeptible to one or more of the attacks he listed. He only used Gnutella as an example since apparently the protocol is open, hence easier to sift through the code and provide specific examples of vulnerable code. According to the author though, KaZaa, iMesh, etc. are all open to attacks like these.

    --

    "Hell hath no fury like a woman scorned for SEGA. ..."

  119. Defense Strategy by Anonymous Coward · · Score: 0

    Here is a good strategy: Install an access point at your house if you already don't have one. Then claim that people other than your family have access to your connection and it could have been them that downloaded the material. There is a shadow of a doubt.
    Khurram Khan

  120. Destruction != fair != rational. by phorm · · Score: 1

    Really, a lot of it depends on whether or not the parent purchased the original iBook, but beyond that:
    Actually "destroying" the iBook is an extreme measure. Confiscating it, perhaps selling it, would be more productive. Destruction is indicating a certain amount of unstable anger coming from the part of the parent.

    Now, if the kid paid for the ibook himself, as the parent semi-indicates:
    By the time he saves enough to buy another laptop

    Now if you've destroyed the iBook that the kid bought himself, you've destroyed the property of another person. I don't know how property laws work in the states (I know there are some legal niggles about ownership if you are under a certain age), but this is still basically an act of vandalism. Even if the laptop were a gift it would still fall in the this category.

    It seemed harsh at the time, but I cannot deny that it was also fair.

    How about if I see you riding your bike late without proper reflectors, or a helmet. In some places that's illegal too... should that give me the right to dismantle your bicycle... should it give a parent that right?

    How about your car. I know you've been speeding with it. Rather than taking away your keys, I'm going to drop a match in your gas-filled engine. How does that sound? Not very fair either... even if I were your parent.

    (no, I'm not going to do the above but) hasty actions taken based on "anger-impulses" are rarely fair. Destructive tendencies run parallel to these actions: why destroy when you can remove, or disable? This is a case of venting one's own idiocy and frustration, not fair in the least. The parent who wrote the initial comment should probably seek some counselling.

    1. Re:Destruction != fair != rational. by Anonymous Coward · · Score: 0

      let me guess.... you are from Sweden, right?

  121. They probably own the copyright to the music... by Kjella · · Score: 1

    I'm sure some of the jailbait vids also have jailbait music :p

    Kjella

    --
    Live today, because you never know what tomorrow brings
  122. The internet reminds me.. by annisette · · Score: 0

    of a math class where we studied Ven diagrams briefly: A intersects B, C encircles A an B, D intersects C and so on. It is endless. With the internet just when someone says "gotcha" someone else says "no, I got you".This situation with the recording industry only showa what the internet should not be used for..sticking it to some person on the (web) street because someone else needs ot make a house payment or is just plain greedy.

    --
    I eat my grapes at room temperature, cuz the cold ones hurt my teeth
  123. It's called Freenet by Kjella · · Score: 1

    there is no p2p service in which files pass through nodes. The bandwidth cost would be prohibitive. If user A sends file to user C what advantage is it to send through user B, apart from eating his b/w?

    Not only A->B->C, but more like A->B->C->D->E.... and you don't know where the chain starts nor ends. Since there's no central server, no specific node is overloaded (well, IMO the entire network is overloaded, but that's another story).

    But yeah, it sucks for bandwidth. I got 256kbit upstream, imagine that a 10 node request average (i.e. I'm node 1 on some requests, node 10 on others) will have an average of 25,6kbit/s each. Welcome to modem land. Throw in the inefficiencies of the system, even slower.

    But yes, Freenet works. And since you "publish" files, not share them, you get the distributed download advantages of Bittorrent to offset some of the problem. It might not match Bittorrent speeds, but it does in fact work for quite large files. I know someone has dragged a Linux ISO through it just to prove that it can be done, though expect it to take a week....

    Kjella

    --
    Live today, because you never know what tomorrow brings
  124. Of course... by Kjella · · Score: 2, Interesting

    [RIAA] Those ugly criminal filesharing programs are stealing the earnings of our poor, innocent artists who are just trying to make a living. [/RIAA]

    If you want to try a mind twister, try realizing that RIAAs friends (their customers) are also their enemies (the pirates) and try to apply some "the enemy of my friend is also my enemy" logic.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  125. Re:mp3 music is illegal by Anonymous Coward · · Score: 0

    Dude, you're a freaking psychopath. Destroying an iBook just becuase your son downloaded a couple of MP3s is just..... well, insane!

    What next, you sellotape his mouth shut if he comes home drunk under-age?

  126. Re:mp3 music is illegal by FortissimoWily · · Score: 1

    "mp3 music is illegal"
    Really? Even independent music that's intentionally up for download in order to get exposure? Or MP3s that are created by ripping the contents of one's legally purchased CDs to one's hard drive for the purposes of putting them into a larger playlist?

  127. Re:Since it's theoretical, it doesn't change anyth by anonymous+cupboard · · Score: 1
    The original post questioned the use of Gnutella.

    They used Gnutella, because they needed to use a protocol that could be extracted without legal problems from the source code. Kazaa have already shown themselves to be litigatious. Their code has been reverse engineered in the form of Kazaa-lite, but the authors wanted to use something that wouldn't open them up to problems under the DMCA (yes, ironic isn't it). ED2K would possibly have been a more popular protocol and also available throught the public domain clients like eMule.

  128. Reality is relative by Anonymous Coward · · Score: 1, Informative

    Once again I sit at my desk in Canada and read about this RIAA fiasco. It seems like in America someone is always looking for a fight not a peacefull resolution. This only hurts society in the long run and creates division among the masses. Up here in the North we don't view our citizens as "the enemy". To view how Canada has managed to find a respectable solution to this issue click here. This is the official government decision.

    If anyone is interested we have lots of room up here. The winters are cold but the bandwidth is plentiful and cheap :)

    1. Re:Reality is relative by Anonymous Coward · · Score: 0

      it's illegal for americans to emigrate to canada, ask the canadian gov't. well, unless you're a millionaire or a PhD

    2. Re:Reality is relative by Anonymous Coward · · Score: 0

      Then I guess all my American friends are illegal aliens, because they certainly aren't millionaires or PhDs. Have you already tried to become a Canadian?

      In case you have problems at the border, just put on a touque, lumber jacket and throw a case of beer on your shoulder and perhaps the customs officers will think you are one of us.

      Cheers :)

  129. Turn the tables by Anonymous Coward · · Score: 0

    I had an idea on how to turn the tables on the RIAA. I am just not sure how much time/money would go into my plan. Copyright a piece of music, anything will do just record yourself wailing away on a guitar, keyboard, 5 gallon bucket, etc then copyright it. Post it on Kazza under a name like Britney Spears/Metallica anything that will grab the RIAA's attention and other peoples attention so it gets downloaded. Then when the RIAA downloads it to to check it (MP5 Sum or whatever they use) they just violated the DMCA! Now you can sue the RIAA for violating the your copyright (you were going to sell your 5 gallon drum music for a bundle). Like I said I am not really sure if this is plausible (I am not a lawyer though I did get a 164 on the LSATs :)

    To review:

    Step 1: Copyright a piece of music
    Step 3: Sue RIAA

    1. Re:Turn the tables by werdna · · Score: 1

      they just violated the DMCA!

      To precisely which clause of the DMCA do you allude? Or are you just making this up as you go along?

    2. Re:Turn the tables by Anonymous Coward · · Score: 0

      Section 1201 divides technological measures into two categories: measures that
      prevent unauthorized access to a copyrighted work and measures that prevent
      unauthorized copying of a copyrighted work.

    3. Re:Turn the tables by werdna · · Score: 1

      And under the hypothetical given, precisely which technological measure, so construed, is it claimed "effectively controls access to a work" pursuant to Section 1201(a)(3)(B), and if so, how is it circumvented per 1201(a)(3)(A)?

      If you think that would constitute a DMCA violation, take your best shot. I think the RIAA would not only have strong defenses, but have a pretty fair chance at taking an attorney fee from you to boot.

  130. What I want to know is: what about proxy servers? by StringBlade · · Score: 1
    Everyone keeps talking about the RIAA subpoenas to get user information about IP addresses from ISPs. This is assuming that the RIAA got the IP address from what is reported by KaZaA or Gnutella client right?

    Does KaZaA or Gnutella find the actual IP address the user is at, or simply the proxy IP they may be using?

    What happens if they subpoena a proxy IP?

    All someone has to do is run with a proxy of one of the 'high anonymity' found at this site, one of many, and really smooth people can probably create a chain of proxy servers to run through to hide their true IP.

    --
    ...and that's the way the cookie crumbles.
  131. Infringement is not theft by bonqers · · Score: 1

    hey Dad, what cha gonna do when that boy gets caught speeding in your car? More to the point, what are you gonna do when YOU get caught speeding? or running a red light? or feeding the parking meter past the time limit? Did you ever photocopy a magazine article? It's called copyright infringement, and it's illegal? Or instead of photocopying the magazine, maybe it just walked out of the library. That is called theft.

  132. Re:What I want to know is: what about proxy server by PureFiction · · Score: 1

    Does KaZaA or Gnutella find the actual IP address the user is at, or simply the proxy IP they may be using? What happens if they subpoena a proxy IP?

    This is a good point. Right now the RIAA is only targeting US file sharers, and they do this by tracking the IP of the user they download the content from. If US filesharers used proxies in other countries, they would perform an end run around any potential RIAA threat.

    The only problem is that proxies at least double the latency and bandwidth use for a given file transer or query. This usually means that you either cut the download rate significantly, or use high bandwidth dedicated proxies to handle this increased traffic.

    Some of the newer file sharing networks, like the one out of the Palestinian refuge camp (dont remember the name) do use proxies in foreign countries in addition to other cryptographic techniques to keep communication private.

  133. Re:Since it's theoretical, it doesn't change anyth by soft_guy · · Score: 1

    >Reverse engineering PD software is easy (you have the source). How is it "reverse engineering" if you have the source?

    --
    Avoid Missing Ball for High Score
  134. full-disclosure by Anonymous Coward · · Score: 0

    I got this PDF a few days back on the full-disclosure mailing list...

    is slashdot really this slow these days???????

  135. bullshit by Anonymous Coward · · Score: 0

    the riaa went after major filesharers. they aren't going to sue someone with 5 tracks of Britney. bottomline: fuggedaboudit.

  136. Re:Since it's theoretical, it doesn't change anyth by anonymous+cupboard · · Score: 1
    If you look around, you will discover that there are a number of "Reverse Engineering" tools for working with source code. When you dive into someone elses codebase, it can be challenging to work out exactly what is happening, even when the documentation is good (hah!!!!). You still need to be able to extract the design - an interesting problem for event driven aps.

    Is you have source code, reverse engineering is legal, but the idiots on the hill have forbidden us from doing this with binaries. Many issues are similar though.

    I should qualify this by saying that I have been ekeing out a living trying to support a legacy ap the size of the Linux kernel but with much poorer structure and documentation.

  137. heres is the real question by Anonymous Coward · · Score: 0

    how much of the moneies collected from these civil suit will actually make it back to the artist that actually did the works that have been infringed? I would say none, the logs and records the RIAA is keeping isn't specific enough to really make "ammends" to the artist. this is no different that direct tv sueing whommever for the possibility of whommever "stealing" signal...............posted as anonimous due to the fact that i am damn tired of keeping up with 37 passwords and user names and cant remember which one here.

  138. Re:mp3 music is illegal by dafoomie · · Score: 1

    Chopping off the hands is very effective in 3rd world countries. I'm not making a judgement about it, I'm just trying to demonstrate the extreme that this person went to.

  139. Re:mp3 music is illegal by indiechild · · Score: 1

    I taught my son a lesson by destroying his iBook.

    That's pretty screwed up. How would you like it if you got a speeding fine and your father destroyed your car? And instead of trashing the iBook, you could've put it to good use by donating it to someone else who could use it.

    In any event, no one here has anymore right to judge my parenting skills than I do. I think I speak for the majority of Mac users by saying that we don't appreciate sarcasm and most of all being talked down to. good day.

    Nice troll. I'm a Mac user and I'm glad you don't speak for me.

  140. Re:Since it's theoretical, it doesn't change anyth by laird · · Score: 1

    I don't doubt that the other protocols _could_ be vulnerable to this sort of spoofing. My point, though, was that since they actually did the analysis on a protocol that is used by only a fairly small percentage of file sharers, it probably can't form the basis of a legal defense of people getting subpoenad by the RIAA.

    I wouldn't call Kazaa-Lite reverse engineering; all they did is take the Kazaa binaries and strip out the adware and spyware, leaving the core of the application untouched.