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EFA Claims No Illegal Material On mp3s4free.net

An anonymous reader writes "Electronic Frontiers Australia (www.efa.org.au) claims that the raids organized by the music industry on mp3s4free.net have come up with nothing. Only links to other sites and not copyrighted material have been found. The music industry is now saying that just linking is in itself illegal. This does not appear to be supported by Australian law." Update: 10/29 15:26 GMT by T : This story originally referred to "mp3s4free.com," while it should have said -- and has been corrected to read -- "mp3s4free.net."

334 comments

  1. The linking is in itself illegal? by Empiric · · Score: 5, Funny

    Yes! Google, I have you now...

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    1. Re:The linking is in itself illegal? by dorphat · · Score: 0

      you've got a point

    2. Re:The linking is in itself illegal? by switched4OSX · · Score: 1

      Actually, someone beat you to it:

      http://www.cnn.com/2003/TECH/biztech/10/24/franc e.google.ap/index.html

    3. Re:The linking is in itself illegal? by mazur · · Score: 3, Interesting
      Attacking the linking itself is a tactic, the Scientologists tried against Karin Spaink, a Dutch writer, when she joined the bandwagon in exposing their evil cultism.

      The Dutch judge dismissed the claim, and showed a thorough insight in the technical side of the matter in the summation.

      Mazur.

      --
      The truth shall make you fret. (Ankh-Morpork tImes motto)
    4. Re:The linking is in itself illegal? by maghen · · Score: 2, Insightful

      It is possible to use search engines, e.g. Google, to provide links to illegal software. Example: Download!. Google then provides the link for you (in the first list item). So, I provide information to Google where to find the file, and then Google links to the file itself. Should I be blamed for something Google does?

    5. Re:The linking is in itself illegal? by chefren · · Score: 1

      A link can consist of more than two jumps. So a link through Google is still a link to the final target as well. So I don't think that argument will work. I hope no argument is ever needed, however.

    6. Re:The linking is in itself illegal? by Anonymous Coward · · Score: 0

      > Yes! Google, I have you now...

      Ok, it's funny. But it's really at the heart of a crucially important set of issues that hang over the Internet like a pall.

      Can linking ever be copyright infringement? That needs to be answered consistently by the courts.

      We also need to know if there's a difference between writing "http://decss.zoy.org" versus "<a href='http://decss.zoy.org'>DeCSS</a>". Do those few extra characters make the difference between "infringing" and not?

      Is there a right to archive? What is the legal status of Google's cache? What about Google's image search -- well over 99% of those images are copyrighted, making Google's images almost all infringing. They shut down Napster for only linking to content, yet Google actually copied the pictures -- an explicit violation of copyright. Clearly, Google's transgression is fundamentally greater than Napster's. When will this egregious inconsistency be addressed by the law?

      What about opt-out archiving like archive.org? Will it eventually be considered "abusive" to automatically copy large amounts of material without the affirmative consent of the owners? Isn't that basically like ripping a bunch of CDs and then agreeing to destroy the rips once you're caught? The courts need to decide if that's ok. I'm not optimistic.

      We also need to know if we can use the DMCA to protect ourselves. For example, does using encryption (perhaps even a light-weight scheme like ROT13) give little guys the same protection as it gives the big boys? The courts have yet to decide.

      (I remember back in the old, old days, my newsreader had a built-in ROT13 decoder. What if browsers had the same kind of thing? Would that constitute a "protection mechanism" covered by the DMCA?)

      To many, these might all seem like minor details. But when the dust settles, I guarantee that it will all come down to the tiniest of details.

    7. Re:The linking is in itself illegal? by satanami69 · · Score: 1

      Take it one more step

      --
      I really hate Dan Patrick.
    8. Re:The linking is in itself illegal? by chefren · · Score: 1

      Intresting. Adding steps does not change anything, however. It is still a logical link (not a html link of course).

  2. The more things change... by Black+Parrot · · Score: 4, Funny


    > Electronic Frontiers Australia (www.efa.org.au) claims that the raids organized by the music industry on mp3s4free.com have come up with nothing. Only links to other sites and not copyrighted material have been found. The music industry is now saying that just linking is in itself illegal.

    MP3s, WMDs, it's all the same...

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:The more things change... by Anonymous Coward · · Score: 0

      http://www.penginhosting.com/~jpeck/primes
      Alert! : Unable to connect to remote host.

      Do _you_ know "where to look"? :p

    2. Re:The more things change... by Anonymous Coward · · Score: 0

      tard

    3. Re:The more things change... by wo1verin3 · · Score: 2, Funny

      Except that you can actually find mp3s on Google, try searching for Weapons Of Mass Destruction and click on 'i feel lucky' and you get kicked here. See! No wmd!

    4. Re:The more things change... by pyrrhonist · · Score: 2, Funny
      MP3s, WMDs, it's all the same...

      No way! Windows Media format files aren't nearly as good as MP3s.
      In fact Windows Media files are...

      What?! Weapons of Mass Destruction?

      Oh, that's a whole different thing then.

      Nevermind.

      --
      Show me on the doll where his noodly appendage touched you.
    5. Re:The more things change... by LittleGuy · · Score: 2, Funny

      s, WMDs, it's all the same...

      Good. someone made the WMD/MP3 funny.

      Does this mean we'll see also two Representatives suspended from Congress for heckling the Australian Prime Minister on this issue?

      Yes, yes, I'll wait for the air-borne porcine and the Red Sox/Cubs World Series....

      --
      Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
  3. Pull the other one - it has bells on it by KiwiEngineer · · Score: 0, Flamebait

    Surely this is like hosting a list of places you can buy illicit drugs. You do not actually possess said drugs, but you are party and complicit in assisting access to illegal materials.

    By the letter of the law they may be correct in claiming a high ground, but morally, you are as guilty as someone who stands in front of a junior school with a list of crack houses and hand them out to the kids, then claims he was doing nothing wrong as he didn't posses the drugs.

    --
    Nobody expects the Spanish Inquisition!!
    1. Re:Pull the other one - it has bells on it by brianosaurus · · Score: 5, Interesting

      I would hardly equate downloading music with drug pushing. That's the sort of FUD that got the DMCA and PATRIOT Acts passed in this country. Don't be so quick to piss away your rights.

      --
      blog
    2. Re:Pull the other one - it has bells on it by Xerithane · · Score: 1, Funny

      The problem with analogies is they are very seldom correct.

      It is legal to walk down the street listening and singing to Britney Spears.

      It is not legal to walk down the street listening and singing while taking LCD.

      --
      Dacels Jewelers can't be trusted.
    3. Re:Pull the other one - it has bells on it by LX.onesizebigger · · Score: 2, Interesting

      While I agree there are moral implications beyond the law (law != morality is one of the first things you learn in legal units), you analogy is somewhat flawed in that buying drugs is an offence (depending on substance and jurisdiction) mainly because of the harm it causes to the user. I've yet to hear of anyone suffering chronic psychosis from listening to illicitly copied MP3s (though I could probably see it happening with some of today's more popular artists)...

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    4. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      t is not legal to walk down the street listening and singing while taking LCD.

      What drug is LCD? Or am I too old for street-talk...

    5. Re:Pull the other one - it has bells on it by KiwiEngineer · · Score: 2, Funny

      It is what you get when you crush the screen on your cellphone and snort it up a rolled up $20 note ;-)

      --
      Nobody expects the Spanish Inquisition!!
    6. Re:Pull the other one - it has bells on it by lafiel · · Score: 5, Insightful
      Surely this is like hosting a list of places you can buy illicit drugs. You do not actually possess said drugs, but you are party and complicit in assisting access to illegal materials.

      Does this mean linking a site with links to illegal material is also a crime? Where does it stop? A link of a link of a link? Can you prove that they were purposely attempting to provide aid to gain illegal material?

      Your analogy is harsh, your logic surely missing a couple key points. Assisting access to illegal materials requires proof. At least some sort of proof that they were purposely providing aid for illegal services.

      To use your brutal analogy. You can't pay your tutition. An old friend lends you a couple hundred that you'll pay back. Later you tell your best friend about this great loaner. Your best friend goes to 'loaner', who ends up being a crack dealer. You are the link. Are you guilty?

      This would be one hell of a brutal world if intent is no longer required to be proven.

    7. Re:Pull the other one - it has bells on it by Artcfox · · Score: 0

      Liquid Crystal... Duh!

    8. Re:Pull the other one - it has bells on it by cyril3 · · Score: 3, Insightful
      I think your biggest problem would be with the drug sellers not the police. The police would probably give you a medal.

      And please don't use analogies involving drugs. If you can't see the moral difference between crack and mp3s then you are in poor shape morally. And the kids won't believe a word you say.

    9. Re:Pull the other one - it has bells on it by KiwiEngineer · · Score: 1

      I fully agree that the law is an ass in this case as the horse has well and truly bolted with respect to MP3s and their distribution through the net. It was also a long bow to draw to connect drug pushing to providing a portal to get MP3s (are people not connected enough to get onto waste networks?).
      the point was more that it was a "no shit sherlock" sort of situation that they didn't have anything dodgy on their own site.

      --
      Nobody expects the Spanish Inquisition!!
    10. Re:Pull the other one - it has bells on it by KiwiEngineer · · Score: 1

      fair call re a poor analogy - should have chosen something also dodgy to make the point but not quite as emotive as drugs.
      I am quite clear on the difference between crack and MP3s - nobody has yet developed a mechanism (other than mail order sites I would suppose) to deliver drugs via a dial-up connection ;-)

      --
      Nobody expects the Spanish Inquisition!!
    11. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      prove the files linked to were a. what they claimed to be and b. illegal

    12. Re:Pull the other one - it has bells on it by SKPhoton · · Score: 1

      MP3s themselves != illegal. The question comes into play when copyrights get involved. MP3s are an audio compression format, nothing more. Let's not get this mixed up though I'm sure the RIAA is trying to give the term 'MP3' a negative connotation.

    13. Re:Pull the other one - it has bells on it by tankdilla · · Score: 2, Insightful
      Actually, for the analogy to be correct, the junior high school kids would have to know the address of a house to go and get a list of crack houses. Likewise one would have to know that mp3s4free.com had links to websites with illegal mp3s. If the guy was spamming people's email with a list of sites with free mp3s, that'd be like standing in front of a school distributing a list to kids.

      They say knowledge is power, but knowledge isn't grounds for a lawsuit.

      --

      -Look lively. LOOK LIVELY!!! --Mr. Shmallow

    14. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      Poorly encoded MP3s could also have the same psychosis effect...

      And you're right about the flawed analogy. Buying and using drugs are victimless crimes, whereas publishing copyrighted MP3s causes the recording industry to lose money on CD sales. The moral of the story? CD sales are grossly inflated, artists are underrepresented and the recording industry is a dinosaur so lets smoke some crack and hop on eMule.

    15. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0, Funny

      Taking liquid crystal display? How does one go about that...

      Simple, slice open your laptop screen and lick the stuff that oozes out.

      It is a liquid after all

    16. Re:Pull the other one - it has bells on it by Alsee · · Score: 1

      Absolutely right! That is why we throw newspaper and TV personel in prison when they mention addresses... Oh wait...

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    17. Re:Pull the other one - it has bells on it by child_of_mercy · · Score: 1

      and while subverting a copyright mechanism is a crime. breaching copyright is a civil matter.

      Most MP3's come from CD's with no copyright mechanism so there is NO CRIME being committed.

      Yes you can be sued by the copyright holder, but that's a different kettle of fish.

      --
      'There is a Light that never goes out.'
    18. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0, Funny

      "It is legal to walk down the street listening and singing to Britney Spears."

      No, this is the problem.

    19. Re:Pull the other one - it has bells on it by mewsenews · · Score: 0

      I believe you mean LSD, d-lysergic acid diethylamide also known as acid, and not LCD which commonly refers to a liquid crystal display.

    20. Re:Pull the other one - it has bells on it by bm_luethke · · Score: 3, Insightful

      I always understood it to be more the lines of intent. If you intend to stand at the corner of a school and get kids to buy crack by telling them to go to the store then it is illegal. If you tell them where to go buy ice cream ral cheap and it just so happens that the place also sells crack then it is not. Or at least that is what the founding fathers meant - which we have drifted quite a bit in the last 50 or so years from that.

      I do not know what aulstailian law says on this, or if this is even the case anymore in the US.

      It is clear that the site was linking to copyrighted MP3 websites for the purpose of downloading them. I would imagine under US law this would be illegal. Google, OTOH, only runs a bot to index things and isn't trying to peddle in music piracy. Though once more I have no idae about aussie law (and not being a lawyer only what I understand it to be in the US, which could be wrong). Deep linking with the expressed intent of music piracy is also wrong (saying "Hey, go look here for a list of sites" isn't really different from "here is a list of sites" and would get you no place ih the courts)

      If it is illegal to pirate music then what they did should be illegal (though I am among the crowd that doesn't think it should be illegal, that is different from what the current laws are).

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    21. Re:Pull the other one - it has bells on it by Jacer · · Score: 1

      ahem "Who are you who are so whys in the way of illicit...illicit science..."

      --
      --fetch daddy's blue fright wig, i must be handsome when i release my rage
    22. Re:Pull the other one - it has bells on it by shigelojoe · · Score: 1, Funny

      I believe you mean LSD, d-lysergic acid diethylamide also known as acid, and not LCD which commonly refers to a liquid crystal display.

      You mean you've never tried 17-inch Apple Studio Display? That shit will mess you up.

      Don't even get me started on 23-inch Apple Cinema Display. That's some 'Fear and Loathing in Las Vegas' material right there. Bat country and everything.

    23. Re:Pull the other one - it has bells on it by cpt+kangarooski · · Score: 1

      Well, this is the trick.

      If you had a list of places that directed others as to where they could get drugs, while you may be helping people _acquire_ drugs, you are NOT participating through action in order to help the success of _selling_ drugs.

      Thus you might be able to convict the person with the list as being an accomplice to the purchase of drugs, but he isn't an accomplice to the dealer, assuming that the list was his only connection.

      The case on point that springs to mind here -- involving drugs, in fact -- is State v. Gladstone, 474 P.2d 274 (Wash. 1980).

      I don't know enough about Australian copyright law to know whether or not such a thing would work, but if this were brought in the U.S. it could _only_ work as contributory infringement (maybe vicarious infringement in rare cases), where the direct infringement was the downloader reproducing copies. This isn't a common argument, but it has been successful before over here. Intellectual Reserve v. Utah Lighthouse Ministry, 75 F. Supp. 2d 1290 (D.Utah 1999). Again though, of course, assuming that there was no interaction with the distributors being linked to, there could be no contributory or vicarious liability predicated on infringing distribution.

      But whether Australian courts would reach a similar holding as in Utah Lighthouse, I don't know. Perhaps we have some people here that are familiar with their copyright law and who could comment on this for us?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    24. Re:Pull the other one - it has bells on it by Excen · · Score: 0


      Hilary? Is that you?

      --
      "No beer until you finish your tequila!" -Leela's Dad
    25. Re:Pull the other one - it has bells on it by rootofevil · · Score: 2, Funny

      Him? He's harmless. Back in the '60s he was part of the peace movement at Berkeley. I think he did a little too much LDS

      --
      turn up the jukebox and tell me a lie
    26. Re:Pull the other one - it has bells on it by kraut · · Score: 1

      Let me think. I'm in London. Uh, let's say Brixton, Kings Cross (etc).

      Does that mean underground maps are now illegal?

      --
      no taxation without representation!
    27. Re:Pull the other one - it has bells on it by Monkelectric · · Score: 1
      And please don't use analogies involving drugs. If you can't see the moral difference between crack and mp3s then you are in poor shape morally. And the kids won't believe a word you say.

      What exactly is the difference between drugs and mp3s again? :) Both are artifically scarce, too expensive (cds that is), and a holy war has been launched against each of them so that ceartin entities may remain in denial about the realities of the world in which they live. And lastly, both are issues on which "the people" clearly disagree with the powers that be.

      --

      Religion is a gateway psychosis. -- Dave Foley

    28. Re:Pull the other one - it has bells on it by tetro · · Score: 4, Insightful

      Libraries too contain information on how to access illegal things, does that make them liable too? Use your imagination before you dispute my claim.

      --
      .smell my feet.
    29. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      The US and France are pretty much the only countries that consider such off-site hyperlinks illegal.

      The rest of the world doesn't go after the sites with the links because it's a silly waste of time & resources, and an assault on the rights of the site owners. They just use the links to lead them to the real perps.

      I can see this logic eluding the French, but...
      ...yeah, nevermind.

    30. Re:Pull the other one - it has bells on it by anonamussone · · Score: 1

      while subverting a copyright mechanism is a crime. breaching copyright is a civil matter.

      Most MP3's come from CD's with no copyright mechanism so there is NO CRIME being committed

      you have your terminology wrong. subverting copy PROTECTION is a crime. mp3s come from cds with no copy PROTECTION. most music distributed on cd is protected by copyright. most of the stuff that isnt protected by copyright is crap, and no one would convert it to mp3 if it was on a cd that they could use for target practice.

    31. Re:Pull the other one - it has bells on it by Mwongozi · · Score: 3, Insightful

      buying drugs is an offence... mainly because of the harm it causes to the user

      I realise this is off-topic, but I feel the need to vent anyway. I have never understood why it is illegal to do harm to yourself. After all, you own your body, is it as least once thing that isn't licensed to you (Does God have a EULA?), and so why shouldn't we be allowed to do whatever we want to it?

      The only arguments I can think of are:
      Intentional damage to yourself will cost the state money when you check yourself into a hospital. This applies in countries like mine, the UK, but not the USA, where healthcare is not funded by the government. Even in the UK, I wonder how hard it would be to limit the free healthcare to those who did not cause intentional damage to themselves. (It would also be very handy to lump smokers into this category.)

      The other argument I can think of is
      Being under the influence of drugs may prompt you to cause harm to others. This, surely, can be solved in neater ways than banning drugs outright. Ban them in public places, but allow them at home.

      I don't take drugs, I don't even smoke, but banning them does seem unfair.

      Anyway... </rant>

    32. Re:Pull the other one - it has bells on it by annisette · · Score: 1

      You may no tbe guilty but you could get into a whole lot of shit. If the guy's house is being watched or bugged (from the outside) there will be photos and recordings of you. Saying "I need money for tuition" has probably been said somewhere to inply purchasing crack If the friend you sent over buts crack and gets arrested he is goin to try to get out of it and will probably talk in any way, such as saying yo sent him over there. The police can investigate you and even red flag you to the IRS. No you did not do anything illegal but it may cost you 20-30 grand to prove it.

      --
      I eat my grapes at room temperature, cuz the cold ones hurt my teeth
    33. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0


      It is legal to walk down the street listening and singing to Britney Spears


      Actually, that would fall under criminal laws, probably assault (hopefully more serious). It would just be a matter of determining degree of the offense, with Spears falling under the most serious degree...

      You could also be confined by a psychiatrist to a mental institution for up to 72 hours for evalution for the same violation...

    34. Re:Pull the other one - it has bells on it by paganizer · · Score: 0

      Oh my fucking GOD I wish I had some mod points right now!
      I nearly swallowed my tongue.
      Something, I can assure you, that doesn't happen to me very often, which is probably a good thing.

      --
      Why, yes, I AM a Pagan Libertarian.
    35. Re:Pull the other one - it has bells on it by I8TheWorm · · Score: 1

      As both selling drugs and copying (copyrighted) music without purchasing it are illegal, how are these two all that different?

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    36. Re:Pull the other one - it has bells on it by gnu-generation-one · · Score: 0, Funny

      "Surely this is like hosting a list of places you can buy illicit drugs."

      Or publishing a dossier of countries in which you can find illegal weapons?

    37. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 1, Interesting

      It's not a completely insane analogy. Both drug dealing and downloading music happen mainly due to an artificial scarcity due to monopoly/drug war, which causes prices to be far higher than they should be. If prices weren't so high drug dealers wouldn't have the incentive to sell and music downloaders wouldn't have so much incentive to download (without then buying the CD, downloading to get a quick listen doesn't count in my book)

    38. Re:Pull the other one - it has bells on it by BillFarber · · Score: 1
      but not the USA, where healthcare is not funded by the government.

      While health care in the US is not as socialized as in the UK or Canada, the governments (federal and states) spend a fairly large sum of money on health care in the form of medicare and medicaid. Also, if a patient has an emergency and no funds, the hospital is still required to treat him/her. Thus the damage they do to themselves is costing others.

      Otherwise, I tend to agree with your post.

    39. Re:Pull the other one - it has bells on it by ratamacue · · Score: 1, Insightful
      I would hardly equate downloading music with drug pushing.

      Why not? Both "crimes" were created entirely by government, not human nature. This is opposed to "natural" crime, i.e. the initiation of force (theft, fraud, threat, assault) which any human being would immediately (and necessarily) identify as "criminal" behavior, or simply behavior which violates the natural human concept of individual liberty. In the absence of government (coercion), neither drug using/selling or copying music would be considered an initiation of force.

      So, the two examples of human behavior are quite similar in that each represents a voluntary act which has been criminalized by government.

    40. Re:Pull the other one - it has bells on it by cyril3 · · Score: 1
      What exactly is the difference between drugs and mp3s again?

      No one has ever died from an overdose of poorly manufactured home made mp3's. It's pretty simple really

    41. Re:Pull the other one - it has bells on it by N+Monkey · · Score: 1

      OP+1 wrote: I would hardly equate downloading music with drug pushing.

      OP wrote: Why not? Both "crimes" were created entirely by government, not human nature. ..... In the absence of government (coercion), neither drug using/selling or copying music would be considered an initiation of force.

      I don't want to claim that music copyright infringement is moral but, you can hardly claim that these are similar when the effects of the two "crimes" are poles apart!

      The latter might reduce the income of an otherwise quite rich bunch of people but does relatively little damage to the perpetrator.

      The former, OTOH, tends to make the perpetrators quite rich at the expense of generally completely screwing up the lives of others.

      Simon

    42. Re:Pull the other one - it has bells on it by Guppy06 · · Score: 1
      "It is legal to walk down the street listening and singing to Britney Spears."
      1. God damn it, it should be!
      2. If the RIAA can find the right lawyer, they can claim you're publicly performing the piece without paying the necessary royalties, so...
    43. Re:Pull the other one - it has bells on it by ratamacue · · Score: 2, Insightful
      The only arguments I can think of are ...

      Realizing that drug using/selling is a voluntary act of trade like any other, there is only one possible argument (although government would never word it like this): You don't own your own body. Government owns your body.

      Sound far-fetched? Not to me. If you were the owner of your own body, then logically, you would be the only individual on the planet who could possibly decide what is acceptable behavior and what is unacceptable behavior for your body to engage in (so long as you don't violate the same rights of any other individual). But as we already know, you do not hold this power -- government does. How can an individual both (1) own their own body and (2) not hold complete and soverign rights over their own body? The answer is that it's not possible -- the individual does not, in fact, own their own body.

    44. Re:Pull the other one - it has bells on it by Mwongozi · · Score: 1

      Ownership and usage are very different things. I, for example, own a frying pan. It is illegal for me to take my frying pan and smack you in the head with it.

      This doesn't, however, mean I don't own my frying pan.

    45. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      Ahhhh, but you do have the ability and right to remove yourself from said area in which these restrictions apply and live on the remote island of tikki-tikki-tawa where no laws apply. You own your body and have complete sovereign rights to it, but you must make the decision to follow certain rules of governance (ie, don't steal, don't kill, don't rape, etc...) should you wish to live in and mesh with our Western culture.

    46. Re:Pull the other one - it has bells on it by aastanna · · Score: 2, Insightful

      I think you skipped right over the "so long as you don't violate the same rights of any other individual", that's a very important moral principle.

    47. Re:Pull the other one - it has bells on it by ratamacue · · Score: 2, Insightful

      Wrong analogy. Of course it would be illegal for you to attack another individual with your frying pan -- that would be a violation of the other individual's rights to ownership of THEIR own body. A better analogy would be whether it is "legal" for you to attack yourself (your own body which you supposedly own) with your frying pan. (The question is whether the individual actually possesses ownership over their own body, not whether the individual posesses ownership over another individual's body.)

    48. Re:Pull the other one - it has bells on it by ratamacue · · Score: 1
      don't steal, don't kill, don't rape

      Those are all "natural" crimes, i.e. behaviors which are naturally considered immoral (violation of human rights). What exactly makes you think these behaviors would be acceptable in the absence of government?

    49. Re:Pull the other one - it has bells on it by Rysith · · Score: 1

      Yes it is. If you own your frying pan, you are allowed to do whatever you want with it as long as you don't infringe the rights of anyone else. So, by smacking me in the head with your frying pan, you would infringe my rights , which is why it is illegal for you to smack me. You are, however, allowed to smack yourself all you want, because you own the frying.

    50. Re:Pull the other one - it has bells on it by 1u3hr · · Score: 1
      While health care in the US is not as socialized ...thus the damage they do to themselves is costing others.

      True enough, but why does this not apply to alcohol, which causes deaths of both the imbibers and often innocent bystanders should they be in control of a vehicle, a gun, or a frying pan? Also, I think many drug-related deaths are due to the illegality of the supply -- low quality and contamination casuing complications, dirty needles causing hepatitis and AIDS; excessive prices leading to crime and self-neglect to pay for them.

    51. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      Most drug users (users, not abusers), don't end up in hospitals.

    52. Re:Pull the other one - it has bells on it by the-matt-mobile · · Score: 1

      I have never understood why it is illegal to do harm to yourself. After all, you own your body, is it as least once thing that isn't licensed to you (Does God have a EULA?), and so why shouldn't we be allowed to do whatever we want to it?

      This is the classic libertarian argument that everyone espouses, but no one seems to get that it doesn't hold any water. There is practically NOTHING you can do on this planet that doesn't affect those around you. Who takes care of you in the hospital when you OD on drugs? Who scrapes you off a tree in their front yard only to watch you die in front of their kids (true story) because you weren't wearing a helmet? Whose unborn baby is taking in second hand smoke from someone who believes they are only affecting themselves? Who puts their life at risk rescuing you after you jump off of Niagra Falls? Even by just throwing away trash you affect others and your environment around you.

      That's why there's no populated place on Earth without a government in place to enact laws. Though it's far from a perfect system, things are the way that they are to promote the progress of society as a whole. This individualism-is-ruler-of-all is just anarchy in disguise.

    53. Re:Pull the other one - it has bells on it by BillFarber · · Score: 1
      Agreed.

      Alcohol is certainly more dangerous to the users and the bystanders than marijuana. But, don't ignore the damage done to bystanders from other drugs. There are plenty of examples of bystanders killed by drivers using drugs other than alcohol. Alcohol is exempted because drinking has been socially acceptable (generally speaking) for eons.

      I think many drug-related deaths are due to the illegality of the supply

      You're absolutely correct, as far as I'm concerned.
      The real question is whether or not legallizing certain drugs would produce a net positive effect on society. Sure, we would have fewer murdering drug dealers, but we might have even more addicted young people. Nobody knows the answer to that question, but it may be worth trying an experiment.

    54. Re:Pull the other one - it has bells on it by osmethnee · · Score: 1

      (It would also be very handy to lump smokers into this category.) In the UK, for years smokers have paid more in tobacco-related taxes than it costs the health-service to look after them.

    55. Re:Pull the other one - it has bells on it by nolife · · Score: 1

      Each instance is treated diferent by society.

      It is NOT illegal for me to say 14th and K when someone asks me where the hookers hang out. Should it be illegal for me to post this on a web site?

      If someone asks me where to find MP3's I can tell them what I know. What is the difference when I post it on a web site? What about a snail mail, an email, a weekly publication, a megaphone, a sign on the side of my car?

      --
      Bad boys rape our young girls but Violet gives willingly.
    56. Re:Pull the other one - it has bells on it by Random832 · · Score: 1

      There are plenty of examples of bystanders killed by drivers using drugs other than alcohol.

      cite? the stupid PSA with the crash dummies doesn't count, its "statistics" are so deliberately vague (doesn't even say if the "reckless drivers" did anything beyond going 1/2mph over the speed limit, let alone whether they were in fact _only_ on marijuana)

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    57. Re:Pull the other one - it has bells on it by bluekanoodle · · Score: 2, Insightful

      A quick google search turns up a few. However most municipalities don't distinguish between dui by alchohol or drugs.

      http://www.helsinki-hs.net/news.asp?id=20010116I E2 0

      http://www.helsinki-hs.net/news.asp?id=20010117I E3

      Also don't forget the increased crime rate from addicts stealing, robbing and murdering to get their next fix.

      If you honestly think marijuana/ or any other drug for that matter is a harmless drug, then your are horribly naive, My wife and I do foster care for the state and I've seen first hand the affects these harmless drugs have on these addicts children. Not just the absolute physical torture that being born addicted causes, but the severe emotional damage caused by living in a house where mommy's more concerned with getting her next joint. Some of these parents who "just use pot" are just as bad as the ones using meth, or crack.

      Maybe you can handle smoking pot, but many of them can't. And after seeing the carnage it causes to society by the those that can't, it definitely worth it to me to keep it illegal.

    58. Re:Pull the other one - it has bells on it by pruss · · Score: 1

      "you own your body" - This is (a) a ridiculous oversimplification, and (b) the conclusion that you can harm yourself in any way you see fit does not follow.

      Re.: (b):

      For instance, I think some countries (France?) may have laws that prohibit you from destroying works of art of national importance--even if you are the owner, I suspect. Even in the U.S., we have laws against destroying heritage properties (I live in a neighborhood filled with them). And that's even before we get to taxation laws. If you took all your income and burned it before paying taxes on it, the IRS would get you for tax evasion. In cases of grave necessity, too, the state can expropriate your property while paying just compensation.

      It's just not the case that you are permitted to do whatever you like with your property. While we may disagree with any one particular such law, it seems implausible to suppose that ALL such laws are wrong. It does not seem possible to run a state without some such laws.

      Likewise, the state has the right to demand services from you (whether in exchange for benefits such as protection from crime, or because it has God-endowed authority, or whatever the right theory of the state is). Services such as jury duty, military service when the state is threated by foreign invaders, etc. It does not follow from your owning your body that you may do with it as you wish.

      Re.: (a):

      To think that our relationship to our bodies is that of ownership is a massive oversimplification. First, it implies an objectionable Cartesian dualism--as if we were one thing and the body were something outside of us. Secondly, it has unacceptable ethical consequences. It makes assault with battery, and even rape, a property crime, for instance. It means that if we accept the possibility of the Government taxing us, we should also accept that the Government could take one of our kidneys--after all, it's mere property.

    59. Re:Pull the other one - it has bells on it by DanDwig · · Score: 1

      So is the RIAA going to sue itself? Since I'm sure if I follow the links from their website far enough I can find some infringeing mp3's.

    60. Re:Pull the other one - it has bells on it by Oddly_Drac · · Score: 1

      "By the letter of the law they may be correct in claiming a high ground, but morally, you are as guilty as someone who stands in front of a junior school with a list of crack houses and hand them out to the kids, then claims he was doing nothing wrong as he didn't posses the drugs."

      Morally? Are you kidding?

      Morally, what was HSBC bank doing funding a nation like Iraq to buy arms? Morally, now that the regime changed, should the people of Iraq still be forced to pay that debt back?

      Now I know that some people might think that it's an irrelevant argument, but then so are morals.

      --
      Oddly Draconis
      Too cynical to live, too stubborn to die.
    61. Re:Pull the other one - it has bells on it by LookSharp · · Score: 1

      Preface: I'm usually wrong, but like to give my opinion anyway. Agree, disagree at your leisure; the thrill for me is in the debate, not in the acceptance of my arguments by people who have lived a life other than my own. :)

      I realise this is off-topic, but I feel the need to vent anyway. I have never understood why it is illegal to do harm to yourself. After all, you own your body, is it as least once thing that isn't licensed to you (Does God have a EULA?), and so why shouldn't we be allowed to do whatever we want to it?

      That's a good little Libertarian now. :) I've most recently been voting Libertarian, but the smug-ideology-without-regard-for-practical-social- implementation aspect irks me. The fact of the matter is, the general population is not self-moderating, self-policing, or even self-bettering.

      (Disclaimer: If you're reading slashdot, you're probably not sheeple, but you know who I'm talking about. Visit WalMart and casually overhear about 75% of the conversations going on.) The sheeple need leadership, direction, and a sense of public morality to actually be able to handle some semblence of a "society." Our country, great as it is, is great because of the benevolence of our illuminati, and the respect the "working man" has for that benevolence. Also, in my little world, a heirarchy can sometimes be considered illuminati. For instance, Military/Police are a controlling piece of the system, but not through the actions of the foot soldiers; rather through the actions of their organizations.

      Being under the influence of drugs may prompt you to cause harm to others. This, surely, can be solved in neater ways than banning drugs outright. Ban them in public places, but allow them at home.

      Because drug-crazed lunatics are happy to stay at home and do their drugs when you tell them to? Next thing you know, you'll be telling me that criminals have started obeying gun control laws?

      The overriding mandate for government and law should be (not saying it is, but rather SHOULD BE) caring for the welfare of the society at large. This is not a communist idea, this is a necessity for keeping the society alive and healthy. The debate generated on how exactly to best care for society is what should be going on in legislatures and judicial arenas across the globe. To your point, drugs and people using drugs are harmful to society, and should be moderated out. I'm all for including nicotene products, and possibly caffeine (heresy!) products in the list of harmful products. (After being a very heavy caffeine addict, and suffering a nasty few days of withdrawal, my eight weeks of clarity since have been most enlightening about what a stranglehold caffeine has on our society.)

      OK, I think that just about sums up my rant for the day. Thanks for your time.

    62. Re:Pull the other one - it has bells on it by BC+Guy · · Score: 2, Insightful
      This would be one hell of a brutal world if intent is no longer required to be proven.

      That's because the laws are written with the grand-fuzzy of 'intent' built into them. The problem isn't intent, the problem is that the laws are so vague that intent matters.

      The brutal world is the one where my supposed intent might make me guilty. I have 'hackers tools' (A Codewarrior CD), I have 'weapons' (a model rocket engine and a hunting knife), I have 'drugs' (unidentified dietary supplements), I have 'pornography' (baby pictures of my sister), and depending on the DA's spin, I could be branded a social terrorist of the worst order.

      Imagine a world where the only 'crime' is property crime. A social 'you break it, you bought it' system. Talk about bombs, drugs, money, or music all day long. Link to others' talks all day long. Hell, go ahead and make bombs and drugs all day long, just don't use them against others. The brutal world is one where information or ideas are punishable.

      If this country still believes that it is preferable 'to let ten guilty men go free rather than imprison one innocent' then we cannot infer intent. We must judge the potential criminal only on their actions.

      Oh, and linking isn't a crime, it's advertising.

    63. Re:Pull the other one - it has bells on it by bninja_penguin · · Score: 1

      ...but you are party and complicit in assisting access to illegal materials.

      Actually, according to the article, the links were to pages that had legal MP3s for download, i.e., not controlled by the music organization, and were authorized by the artists for download. Maybe that isn't the case, as the article doesn't interview any of the linked sites.

      Also, by saying there are terrorists are operating out of Afghanistan, and showing someone a map to get there, does this mean you are as guilty as a recruiter for said terrorists? I mean, you are not actually one, but you are party and complicit in assisting access to them.

      --
      For those who describe their systems as 'boxen', do you order multiple 'boxen' of corn flakes also?
    64. Re:Pull the other one - it has bells on it by tkg · · Score: 1

      Not just the absolute physical torture that being born addicted causes...

      I have never heard of a child being born with a chemical dependency to THC. Can you cite any sources that support this? Have studies been done? I'm not necessarily disagreeing with you. I'm just curious.

    65. Re:Pull the other one - it has bells on it by Rayonic · · Score: 1

      Realizing that drug using/selling is a voluntary act of trade like any other, there is only one possible argument (although government would never word it like this): You don't own your own body. Government owns your body.

      The third possibility is that certain drugs, upon use, work to take away free will. That is to say, their addictive quality. Thus government interference with your body, while not usually good, is better than the direct chemical interference with your thought processes that many illegal drugs do.

      Let me ask you: Do you believe that the government should have the power to ban certain items? Should I be able to go down to my local drug store and pick up some cyanide tablets, weapons-grade uranium, cocaine (in fun packets to pass out on Halloween), a fully automatic machine gun, and a kiddie porn mag?

      Call me crazy, but I prefer the notion that a government, elected by the people, can outlaw and/or regulate certain things.

    66. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      > Who takes care of you in the hospital when you OD on drugs?

      No one. It shouldn't be illegal to not offer assistance when someone ODs. Of course, someone else might be responsible for you ODing (spiked drink), so that's not going to work. I guess if you're absolutely sure they're the one's responsible, then you can let them die.

      > Who scrapes you off a tree in their front yard only to watch you die in front of their kids (true story) because you weren't wearing a helmet?

      Obviously the person who scraped them off the tree. You should have gotten them for trespassing before they hit the tree, since trespassing is a form of violating your rights.

      > Whose unborn baby is taking in second hand smoke from someone who believes they are only affecting themselves?

      I can believe I'm the King of New York. That doesn't make it true. If second hand smoke does harm to others, then that harm should be mitigated as much as possible (comparable to the fact dead people aren't scraped along the ground to the morgue but are carefully covered, to prevent "traumatic" mental harm). You can't outright ban smoking any more than you can death--at least not effectively (if it were true, we'd probably not be having this discussion).

      > Who puts their life at risk rescuing you after you jump off of Niagra Falls?

      Firemen. Possibly bystanders. If people intentional put themselves in harms way, a fireman should be smart enough to leave them be. The job of firemen, policemen, etc are to save people who *want* to be saved.

      > Even by just throwing away trash you affect others and your environment around you.

      Again, mititgate harm. I think recycling should be enforced, personally, in a capitalistic fashion (ie, you pay nothing for properly sorted recycables, but you pay extra for trash..and of course you get charged extra if they find improperly sorted trash in the recycables).

      > This individualism-is-ruler-of-all is just anarchy in disguise.

      It's not individualism is ruler of all. It's individualism comes first. Others come second. It's called personal freedom. Things should be restricted or banned unless they can be shown to directly effect others (and this isn't based on just emotions). Public intoxication can harm others. Private intoxication is a lot less likely to cause harm to others. The same with drug use. Partial-intoxication, that's iffy. The point is, the US was founded on the premise that the people give up just enough power to the government so that they might not become a tyranny but instead an enforce of restricting and punishing those who directly effect others. That's not anarchy.

    67. Re:Pull the other one - it has bells on it by tkg · · Score: 1

      To think that our relationship to our bodies is that of ownership is a massive oversimplification.

      Perhaps, but abortion rights advocates have been using this argument with great success for quite some time, even when the abortions are at taxpayer expense. At least the argument is that women have the excusive right to choose what they can do with their bodies. Exclusive rights are akin to ownership IMHO. Whether or not an abortion can be considered harmful to the woman is a matter of heated debate, however.

    68. Re:Pull the other one - it has bells on it by mutewinter · · Score: 1

      The real point should be that theres no way anyone can prevent someone else from hurting themself. I don't care how many billions or trillions of dollars you want to spend preventing people from doing drugs (which at the same time makes drug running *alot* more profitable), but until everyone is locked up in a padded room wearing a straight jacket, its just not going to happen.

      Alot of things that money get spent on have more to do with feeling good about something than actually fixing a problem.

    69. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0
      In the U.K., for instance, recent research indicated that 18% of those who died in traffic accidents had one or more illicit drugs in their systems.
      "...as well as the alcohol" was my cynical thought on reading that sentence.

      Note that as described above, that includes the passengers... And I have my doubts about "in their systems": THC metabolites hang around in body fat for weeks, so I'm really curious whether "illicit drugs in their systems" meant "had detectable levels of THC metabolites in their body fluids" i.e had used cannabis within the previous three weeks.

    70. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      One is a copyright infringement tort committed against another person causing revenue loss, the other is a victimless criminal offense that can be anything from a misdemeanor to a federal felony. Aside from the obvious flaw of comparing tort law to criminal law, the two have radically different social implications AND WE MIGHT AS WELL BE COMPARING HAMBURGERS TO APPLE SAUCE.

    71. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      You should report this physical addiction of marijuana to research labs around the world, up until this point it's been unheard of. You sir, are breaking scientific ground.

    72. Re:Pull the other one - it has bells on it by eggfellow · · Score: 1

      yeah, it's more like standing in front of a high school handing out information on how to xerox pages from a textbook.

    73. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      Links do neither , pad're. Thinking about a crime, or studying criminal methods is NOT the same as a crime. Eh? Links are like THOUGHTS ... 'course it's not surprising that the Hollywood neo_Stalinists are pushing "thought-crime" laws.

    74. Re:Pull the other one - it has bells on it by orthogonal · · Score: 1


      Mmmm, hamburgers. Mmmm, apple sauce. Mmmm, torts.
      </Homer>

    75. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      INTENT ( to commit a crime ) can NEVER be proven. What a person INTENDS constitutes an internal-state not publically available, and often only poorly known to the individual in question. Laws based in intent are bad laws --- more "thought crimes" if you ask me.

    76. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      Thought, knowledge, and the sharing of such does not equate with taking action based on the thought or knowledge. Thinking of killing your neighbors cat, researching the means of killing your neighbors cat, sharing these means with others have nothing to do with the action of killing said cat. The action, and only the action, makes the cat dead.

    77. Re:Pull the other one - it has bells on it by ratamacue · · Score: 1
      Do you believe that the government should have the power to ban certain items?

      Certainly not when it causes the murder rate to skyrocket: Link

    78. Re:Pull the other one - it has bells on it by ratamacue · · Score: 1

      Here's a good overview if you are interested: Link

    79. Re:Pull the other one - it has bells on it by forrestt · · Score: 1

      The money spent on drug enforcement far outweighs the money that is (or would be) spent for medical services for illegal drug users. If drugs were legal, all of the money that is currently spent on enforcement could be used for medical treatment and still leave plenty for drug education. This does not even take into account the money that is spent on incarceration for drug dealers which would not be spent if drugs were legal. The "It costs society" argument is a fallacy.

      Drugs are illegal simply due to the fact that a bunch of do-gooders believed that they had all of the answers, and that the unwashed masses must be told what to do. It was this same type of person that got the U.S. to pass Prohibition, and more recently made smokers into polluters, and gun manufactures into murderers.

      And no, I also do not do drugs, and would not even if they were legal. I just believe in Freedom, something that most people in America have no real concept of, or have forgotten all about in an effort to remain more secure and have more money.

    80. Re:Pull the other one - it has bells on it by forrestt · · Score: 1

      And how exactly is one supposed to steal, kill, or rape on an island by themselves?
      (I'm not sure I really want an answer to that last one).

    81. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      Surely this is like hosting a list of places you can buy illicit drugs.

      No, it isn't. If you read the site, you'll see this:

      "distributed by permission of the Copyright holers"

      So, it would be more like hosting a list of places where you can by legal drugs.

    82. Re:Pull the other one - it has bells on it by Kazoo+the+Clown · · Score: 1

      Surely this is like hosting a list of places you can buy illicit drugs. You do not actually possess said drugs, but you are party and complicit in assisting access to illegal materials.

      On the other hand, if you think the fact that some drugs are deemed illicit by the government is itself immoral, then you are complicit if you don't act to undermine such immoralities.

      Don't like free speech? Then consider a move to some other country who's governmental views are aligned more closely with yours.

    83. Re:Pull the other one - it has bells on it by Kazoo+the+Clown · · Score: 1

      This is the classic libertarian argument that everyone espouses, but no one seems to get that it doesn't hold any water. There is practically NOTHING you can do on this planet that doesn't affect those around you.

      The problem is, you have to find a solution that isn't worse than the problem. Some feel that laws criminalizing drugs have created far worse problems for all of us than they have solved. If these problems are so well served by drug laws, why aren't the related problems caused by alcohol, tobacco and firearms similarly treated? You don't suppose it could be simply, because there are huge amoral and self-serving financial interests in maintaining the bizarre mosaic of inconsistent laws regarding such things?

    84. Re:Pull the other one - it has bells on it by Anonymous Coward · · Score: 0

      I could stand outside a school and hand out pamphlets listing known drug houses, and say it was in order to educate the children about the places they should stay away from. Suddenly the same activity would be almost completely justified.

    85. Re:Pull the other one - it has bells on it by child_of_mercy · · Score: 1

      yes but infringing copyright is NOT a crime.

      in Australia (which we're talking about) a crime is covered by the Crimes Act

      Copyright infringement is a civil NOT criminal matter and is covered by the Copyright Act.

      --
      'There is a Light that never goes out.'
    86. Re:Pull the other one - it has bells on it by Random832 · · Score: 1

      Also don't forget the increased crime rate from addicts stealing, robbing and murdering to get their next fix.

      i think i will forget it, thank you, since we're talking about why it should be legal, and it would cost a _lot_ less with free-market competition... no-one ever killed for a cigarette.

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    87. Re:Pull the other one - it has bells on it by bluekanoodle · · Score: 1

      Hmm, you've never heard of Cigarette smuggling? http://www.cnn.com/2002/LAW/05/23/cigarette.terror .trial/ Did you know that fires started by cigarettes are the leading cause of death by fire? Heres some links for you proving that yes, people have been killed for a cigarette. (or at least commited major crimes) http://www.nydailynews.com/news/story/75272p-69604 c.html http://www.tobacco.org/news/123442.html http://www.headliner.nl/headliner.php?c=uk&abbr=an anova&id=480 http://www.news.com.au/common/story_page/0,4057,70 80934%255E1702,00.html

    88. Re:Pull the other one - it has bells on it by the-matt-mobile · · Score: 1

      If these problems are so well served by drug laws, why aren't the related problems caused by alcohol, tobacco and firearms similarly treated?

      Whether or not is should be, alcohol isn't regulated like drugs because we tried that once (18th amendment) and it didn't work out (21st amendment). Tobacco is being schooled by the government, and I predict it will eventually be regulated like drugs are. And firearms aren't regulated like drugs because of the 2nd amendment and with it are loud special interest groups (NRA). I guess no one takes the druggie special interest groups very seriously otherwise we wouldn't be having a very different discussion.
      I certainly agree with you that just because things are the way they are, doesn't mean that they are the way they are supposed to be. But I don't think for one second that the original poster or really anyone who argues that "if I'm doing it to myself it doesn't affect anyone else" has got a leg to stand on. It has become such a popular argument, and people have heard it so often, that they seem to just blindly accept that it's a valid point when really it's not. Which, effectively, was what I was trying to convey in my previous post - nothing you do is without consequence to someone else. It just doesn't work that way.

    89. Re:Pull the other one - it has bells on it by d34thm0nk3y · · Score: 1

      I don't want to claim that music copyright infringement is moral but, you can hardly claim that these are similar when the effects of the two "crimes" are poles apart!
      The latter might reduce the income of an otherwise quite rich bunch of people but does relatively little damage to the perpetrator.
      The former, OTOH, tends to make the perpetrators quite rich at the expense of generally completely screwing up the lives of others.


      wait.....wich one is the RIAA and which is the drug dealer??

    90. Re:Pull the other one - it has bells on it by d34thm0nk3y · · Score: 1

      Well, I for one am not planning to be a breeder...

      Maybe drugs _should_ be illegal, but only to people with kids.... or better yet, lets just not let fuckups breed....

    91. Re:Pull the other one - it has bells on it by d34thm0nk3y · · Score: 1

      I guess no one takes the druggie special interest groups very seriously otherwise we wouldn't be having a very different discussion.

      We do listen to the druggie special interest group. The pharmaceudical industry couldn't charge $20 for an aspirin if you could just grow a painkiller in your backyard.

    92. Re:Pull the other one - it has bells on it by bm_luethke · · Score: 1

      No, the RIAA owns the copyrights and can distribute thier content in any way they wish.

      Nor would the situation you described be them intentionally placing links on thier website for the express purpose of you downloading pirated music.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    93. Re:Pull the other one - it has bells on it by geoswan · · Score: 1
      no-one ever killed for a cigarette.

      Not so.

    94. Re:Pull the other one - it has bells on it by Random832 · · Score: 1

      I have heard of cigarette smuggling, but that is nothing like robbing a bank/store/someone on the street to get money for your next fix.

      the "leading cause of death by fire" is irrelevant... there is a difference between being killed BY a cigarette, and _killing_ FOR one.

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    95. Re:Pull the other one - it has bells on it by Random832 · · Score: 1

      the exception that proves the rule... it's not _common_ for that to happen, and it's shocking when it does. there's no reason the same wouldn't be true of other drugs, if they were legal. even people who were hopelessly addicted to drugs and couldn't afford to finance their habit, would, if they were legal, be more likely to shoplift them from the local 7-11 than to steal/kill/etc for money to buy it with... a convenience store is a lot less likely to put you in the bottom of the east river with cement shoes (or, more likely, unceremoniously put a pound or so of lead in you) than an illegal drug dealer

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
  4. Linking should and shouldn't be illegal by Andy+Smith · · Score: 4, Insightful

    If you ask me where Fred lives and I tell you he lives next door, that's fine. If you ask where you can hire a hitman and I tell you that Fred can do it for you and he lives next door, I could be an accomplice to murder.

    Same with linking. If a site posts links to other sites and one (or more) of them contains something illegal, but the illegal content was neither the overt or covert reason for the link, then that should be fine. But if the purpose of the link is solely or primarily to help you do something illegal then the person posting the link should be regarded as an accomplice.

    Obviously this requires discretion on the part of law enforcement agencies and, specifically, judges.

    1. Re:Linking should and shouldn't be illegal by Andy+Smith · · Score: 1, Offtopic
      neither the overt or covert
      Nor, damnit, nor!
    2. Re:Linking should and shouldn't be illegal by LX.onesizebigger · · Score: 1

      Are you speaking normatively here or do you have knowledge of the Australian law applicable in this case?

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    3. Re:Linking should and shouldn't be illegal by Andy+Smith · · Score: 1

      I'm saying that this is how I personally think the law in any country should treat such cases.

    4. Re:Linking should and shouldn't be illegal by surprise_audit · · Score: 5, Insightful
      Take it a step further - turn yourself in for living next door to Fred-the-hitman. You're obviously "linked" to him by virtue of living in the same building (apartment block) or on the same street (separate houses). If enough people did that, maybe the police/courts would get the message that some level of linking is ridiculous.

      Note: You might want to make sure the police/judge have some sense of humour before trying it.

    5. Re:Linking should and shouldn't be illegal by Saeger · · Score: 1
      Wow, you're analogy is that an MP3 Intarweb Directory is the same as the Hitman Yellow Pages? Interesting. I wish to subscribe to you^H^H^H^H^H^H^H^H^H

      So if I tell a friend where he can buy some good weed, that would be Contributory Drug Dealing? :)

      --

      --
      Power to the Peaceful
    6. Re:Linking should and shouldn't be illegal by Pseudonym · · Score: 4, Insightful

      That analogy works for criminal cases, but what about in a civil case, such as is the case with copyright infringement?

      Let me put it this way: You want to break a contract that you signed. You ask me who can help you with that and I say "Fred can, and he lives next door". Should that be illegal?

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    7. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      Anything not expressly permitted by the government should be ILLEGAL! That makes things sooo much easier.

    8. Re:Linking should and shouldn't be illegal by Andy+Smith · · Score: 0, Offtopic

      LOL!! I can't believe someone wasted a mod point to mod this down as off-topic!

    9. Re:Linking should and shouldn't be illegal by WegianWarrior · · Score: 2, Insightful

      You may link to a site in good intent - but the (insert favorite explisive here) RIAA can afford good lawers, and a good lawer can probaly twist your own words to make it appear that you not only linked with intent to do something nasty, but are the worst persong on god green earth since original sin came into the big picture.


      Lawer: "..but you did now that the site you linked to served MP3s as well as the content you linked to?"

      You: "Uhm.. I guess I did see that once, yes.."

      Lawer: "So, not only did you link to MP3s, but the site you linked to also links to another site which has links to a page on how to make bombs!"

      Etc, etc, etc.

      --
      Everything in the world is controlled by a small, evil group to which, unfortunately, no one you know belongs.
    10. Re:Linking should and shouldn't be illegal by IBitOBear · · Score: 4, Insightful

      So I have this friend fred and everybody is always making jokes about how honest he is. I make a link on my site "cheap crack and murder-for-hire at freds house" because that is the last thing I or anybody who knows me would beleive of fred. It is, in fact, funny.

      But the joke is on me because frank is just really good at hiding his darker nature and he does sell crack and kill people. Whoops, my bad. Made a joke, spend life in prision as an accessory to murder.

      Or even worse, franks "frank.com" gets taken over while I'm not looking by a less honest frank. And I am screwed again.

      Sound far fetched? Its not. It is simply likely outcomes which are "no more extreme" than your extreme example.

      Consider you hate $cientology, and you link to their site on your site, as an example of how screwed in the head you think they are. They change the contents of the page you link to so it contains some of their intellectual property and then get your site and your ISP taken down.

      Unlikely? Nope, actually a near-certian outcome.

      Since the linked-to content is out of the control of the linker, it is too easy "become guilty" as a result of your innocent act when a target page changes.

      Allowing prosecutors and complaining parties to "posit theroies" about your intent is always a bad thing. Consider the "Intent to Sell" clauses of drug laws in the US. The state doesnt have to proove any actual intent, as after "intent to sell" was made a criminal condition, they (re) decided that having more that a certian raw weight of drugs prooves that intent. Sounds clear and obvious and "ok"? Turns out it isn't. Consider that the statute says how many milligrams of LSD is one dose. Then they measure the LSD-soaked paper (the paper weighs several hundred times "one dose") so you have five doses and you go to jail for intent to sell because the raw wight of the innert material takes you over the limit. No abuse there. No sirreee.

      You simply cannot trust "the state" to do the right thing. If you could, then you wouldn't need the Bill of Rights (or non US equivalant where you live).

      That is your baby in that bathwater. Who do you choose to decide what gets thrown out and how? If you are smart you don't give that power to random strangers.

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    11. Re:Linking should and shouldn't be illegal by Reziac · · Score: 4, Interesting

      The other thing is, when someone mentions how much better life would be without those annoying creditors, and you mention your neighbour Freddie the Knife, there is presumed a specific intent in the initial act and response.

      I think they're trying to imply that a pageful of deliberately-aggregated links is exactly the same sort of criminal intent and participation. But what about search engines? the user inputs a parameter ("hitman") and out comes the desired, ah, hit ("Freddie the Knife", "Guido the Strangler", etc). In fairness in the light of the first example, the search engine would have to be indicted on a co-conspiracy charge, just for providing the links.

      And such an insanity has no logical stopping point. Pretty soon the coder who wrote the search engine is in the shit for aiding and abetting... the bandwidth provider for providing the access channel... glah. My brain hurts.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    12. Re:Linking should and shouldn't be illegal by mcrbids · · Score: 3, Insightful

      If you ask me where Fred lives and I tell you he lives next door, that's fine. If you ask where you can hire a hitman and I tell you that Fred can do it for you and he lives next door, I could be an accomplice to murder.

      One of the elements of crime is intent. That's the part that requires a jury - both the greatest strength and (as with most things) the greatest weakness of the English-derived legal system at use in the US.

      In order to commit a crime, you must knowingly commit an act which deprives another of rights with the intent of so depriving the other party.

      (BTW, IANAL)

      That's not to say that there aren't statutory crimes, like running a red light, but in cases where an act could have multiple constructions (such as "Where is Bill" -> "Next door" vs. "Where is Bill, I need a good hitman" -> "Next door") the concept of intent must be introduced as a judicial guide.

      It's this principle that provides most of the insanity and complexity that comes out of our court system - McDonald's didn't pay a kazillion because some lady burned her lap on coffee, they payed because they it was proven in court that McDonalds corporation was knowingly distributing coffee at dangerously high temperatures - and that proven (in court) intent is what cost the case.

      -Ben

      --
      I have no problem with your religion until you decide it's reason to deprive others of the truth.
    13. Re:Linking should and shouldn't be illegal by pla · · Score: 4, Insightful

      But if the purpose of the link is solely or primarily to help you do something illegal then the person posting the link should be regarded as an accomplice.

      Well then, I guess we can all rest easy that my dog ate my collection of top-40 boy-bands, and sites like this exist only to allow me to make use of my protected right to a backup.

      I know I sure feel better that sites like this have a legal reason to exist.


      A tad more seriously, though, I've really grown quite tired of this topic. The RIAA sucks, the BSA sucks, the MPAA sucks. Some people will buy, and some people will pirate. Trade groups need to accept that the pirates wouldn't buy their products under any conditions whatsoever (short of giving stuff away), and treat them as the free advertising (rather than "criminals") they serve as.

      If I see my pirating friend Steve playing a cool new game, I may go out and buy it. He might never have plunked down a penny for software in his entire life, but some of his friends have and will.

      Industry groups only need to worry about this sort of "advertisement" if their product sucks. I have little doubt that the RIAA knows all-too-well the complete crap they push on us, thus their fear of try-before-you-buy. Those who actually have quality products to sell love free advertising, and do their best to get people to check it out.

      I seem to recall reading a SciAm article once upon a time that mentioned that, since we've all had to grow filters against advertisements, the single best way for a company to sell products consists of recommendations between friends. So sure, it make perfect sense that the RIAA would sacrifice the single most effective form of advertising - since in this case, it mostly ends up negative.

      Okay, I've gone a tad OT here. I just wish the world made a bit more sense. Real, law-abiding people getting screwed by the RIAA (or its AU equivalent) legal machine does not make sense. People wonder why I feel so strongly anti-corporate. I need point no further than the RIAA, and you'll either get it or not, end of discussion.

    14. Re:Linking should and shouldn't be illegal by fiftyfly · · Score: 1

      Or how about "That Fred sure knows how to jaywalk"?

      --
      "Sanity is not statistical", George Orwell, "1984"
    15. Re:Linking should and shouldn't be illegal by advocate_one · · Score: 2, Informative
      "I seem to recall reading a SciAm article once upon a time that mentioned that, since we've all had to grow filters against advertisements, the single best way for a company to sell products consists of recommendations between friends. So sure, it make perfect sense that the RIAA would sacrifice the single most effective form of advertising - since in this case, it mostly ends up negative."

      Haven't the MPAA tried to get mobile phones banned from cinemas because the punters were texting their mates and telling them not to bother seeing the movie cos it sucks??? All that carefully crafted hype was failing cos the public had a means of getting the truth out that bypassed the controlled media... Also weren't they doing their level best to stop indie reviews being posted on websites which contradicted their own carefull hype.

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    16. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      I can't believe you wasted a +1 modifier on this...

    17. Re:Linking should and shouldn't be illegal by novakreo · · Score: 1

      sites like this exist only to allow me to make use of my protected right to a backup.

      Er, not in Australia.

      Real, law-abiding people getting screwed by the RIAA (or its AU equivalent) legal machine does not make sense.

      The Oz equivalent to the RIAA is the ARIA.
      --
      O frabjous day! Callooh! Callay!
    18. Re:Linking should and shouldn't be illegal by the+uNF+cola · · Score: 2, Insightful

      Murder and copyright enfringement are NOT THE SAME THING! Don't compare them nor the sitatuions involving them to each other.

      Otherwise, telling someone how to jay walk is just as bad as telling someone where a hitman is. Or telling someone how to copy something out of a book is as bad as telling someone how to load a gun. Yeah, there's this entire string of things that are good or bad or neither depending on the situation, but that's it, they depend on the situation.

      Most of the time, it will require discretion NOT to compare it to hitmen and such.

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    19. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      All this pseudo legal wanking about the construed nuances of this or that hypothetical is why we are in such a fundamental mess as a society today. The expression 'get a life' is entirely inadequate, I really want to slap you guys back to reality sometimes.

      I really like Austrlians for one quality , they have a simple, levelheaded approach to REAL life. Ask an American what they think of this and you get the diluted politically correct diatribe of philosphical masturbation. Ask any Aussie what they think of this and they'll tell you straight...'They can go and get fucked'

      So few words to say EXACTLY what is needed. We need a lot more plain talk in our country too.

    20. Re:Linking should and shouldn't be illegal by flamingmoose · · Score: 5, Funny

      "Freddie the Knife", "Guido the Strangler", etc

      You left out Jack the Ripper. Both a dangerous killer AND a distributor of illegaly encoded music.

      --

      .sigs - is there anything they can't do?
    21. Re:Linking should and shouldn't be illegal by AndroidCat · · Score: 1
      Consider you hate $cientology, and you link to their site on your site, as an example of how screwed in the head you think they are. They change the contents of the page you link to so it contains some of their intellectual property and then get your site and your ISP taken down.

      Unlikely? Nope, actually a near-certian outcome.

      It's absolutely certain, but they don't bother changing the web site. (Why bother? You're linked to their IP anyway, why change to other IP?) Co$ routinely sends out Avagrams with bullshit copyright "violations" including links to anything on their sites. (And they claim plenty of stuff that isn't theirs at all too.) Under the DMCA, unless you've got bucks and a lawyer it's usually easier to take down the links rather than fight.

      Strange, Co$ certainly tries to spam search engines with links to their sites and sock-puppet groups. Ah well, who ever said they were sane?

      --
      One line blog. I hear that they're called Twitters now.
    22. Re:Linking should and shouldn't be illegal by tooley · · Score: 1

      And the first thing the prosecutor must do is prove that a murder has been committed, before going after the accomplice(s), if any.

      And once that relation of murderer to accomplice has been made tentatively by the prosecutor, they still have the burden of proof, and must tie the accomplice to the act of assisting the murder with intent. This is important to note.

      The linking here is with the clear intent that the linked files are both legal and ethical and with the permission of the author and/or other rights-holders.

      Subtly seperate is the fact that the linking here is to files which currently have not been proven to be owned by others. This is also a burden of proof which lies with those bringing suit, that they have standing to represent, or are themselves the owners of, the music in question.

    23. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      Quick, somebody throw me a rope, this slope is getting slippery.

    24. Re:Linking should and shouldn't be illegal by Reziac · · Score: 1

      LOL!! Yeah, you're right. Probably the worst of the lot -- the nerve of him, illegally distributing all those Britney and N'Sync MP3s... Think of the children's ears!!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    25. Re:Linking should and shouldn't be illegal by Idarubicin · · Score: 1
      Since the linked-to content is out of the control of the linker, it is too easy "become guilty" as a result of your innocent act when a target page changes.

      On the other hand, if your link says "Download Copyrighted Music Here -- the RIAA can kiss my ass" then making a guess about intent might not be too farfetched. Civil court decisions are generally based on the notion of a balance of probabilities--what is the most reasonable and likely explanation for what has taken place?

      Allowing prosecutors and complaining parties to "posit theroies[sic]" about your intent is always a bad thing.

      Why? Let's say that I just ran over someone with an SUV. Did I do it on purpose or not? Was it raining? Did I owe this person money? Were they having an affair with my significant other? Did the voices in my head tell me to do it? Did I think the guy was waving a gun at me? Depending on the circumstances surrounding the case, it might be an accident, manslaughter, insanity, self-defense, or murder. Intent is very important, and not always inappropriate to consider.

      --
      ~Idarubicin
    26. Re:Linking should and shouldn't be illegal by zsau · · Score: 1

      You simply cannot trust "the state" to do the right thing. If you could, then you wouldn't need the Bill of Rights (or non US equivalant where you live).

      I live in Australia. We have no bill of rights equivalent. I'm not in gaol.

      --
      Look out!
    27. Re:Linking should and shouldn't be illegal by Random832 · · Score: 1

      given that proof there could be up to 11 degrees of separation between any two arbitrary non-kevin-bacons

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    28. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      "bill the hitman" could be a nick name for all i know
      maybe he has wierd friends

      now if the person asks, "where is fred, i need to have him murder somone" ,....

    29. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      If someone asks you where to find a hitman, you know (you are consciously *aware*) that this person most likely wants to have some killed (i.e. commit a crime). The search engine, on the other hand, has no such understanding. The people who created the search engine intended it for general use, so they have no knowledge of this specific case, either.

      Knowing that a crime (especially a felony) is about to be committed and then providing someone with means to do it does make the knower an accomplice.

      With that out of the way, however, mp3s4free.com may simply be linking to copyrighted and non-copyrighted songs. If the system is somewhat automated (I have not been to the site and therefore do not know), they may be in the clear.

    30. Re:Linking should and shouldn't be illegal by antiMStroll · · Score: 1

      What if you already know the name of a purported hitman and find his number in the residential phone book? Are the Telcos liable? Are they liable for listing the name of the person you approach for information about hitmen?

    31. Re:Linking should and shouldn't be illegal by HonkinUnit · · Score: 0

      Think of this: Phil Duran was thrown in prison for introducing the Columbine killers to the guy who actually bought them the weapons. He didn't actually get them the weapons, profit from the sale of the weapons, or encourage the use of the weapons. Just the fact that he pointed minors to someone who would sell them a handgun got him 4.5 years in the slam. This is a link, no? So there is precedence in the US for a 'criminal link'. It's called conspiracy. It doesn't take much imagination in today's climate to stretch an unauthorized web link to be a 'conspiracy'. I don't agree with this, but there it is.

    32. Re:Linking should and shouldn't be illegal by poot_rootbeer · · Score: 1

      my dog ate my collection of top-40 boy-bands, and sites like this exist only to allow me to make use of my protected right to a backup.

      This is bullshit and you and I both know it.

      Fair use protects your right for YOU to make a backup. It does not give you the right to procure another copy from someone else after your primary copy is damaged or destroyed.

    33. Re:Linking should and shouldn't be illegal by driftingwalrus · · Score: 1

      I'm just wondering what kind of relationship Fred and Frank have between each other?

      --
      Paul Anderson
      "I drank WHAT?!" -- Socrates
    34. Re:Linking should and shouldn't be illegal by mOdQuArK! · · Score: 1
      Fair use protects your right for YOU to make a backup. It does not give you the right to procure another copy from someone else after your primary copy is damaged or destroyed.

      Huh? Why not? He paid for the license to listen to the music, didn't he? He might have to keep the original mangled piece of plastic around (hopefully before it has been processed by the dog) though...

    35. Re:Linking should and shouldn't be illegal by Mal-2 · · Score: 1

      There's nothing bad about telling someone how to load a gun.

      First, for the knowledge to do them any good, they must possess the gun in question, or one similar enough that the same directions apply. Instructions on loading a .22 rifle with a bolt action are meaningless if you've got a .38 Special revolver.

      Second, there's nothing bad about loading a gun. It's kinda necessary if you intend to fire it, unless you hire a lackey to load it for you. I could have used such instruction with the .22 rifle I used last; I was loading single shots, unaware that it holds ten if only you know where to put them. Then I would shoot pieces of metal the size of dinner plates with about 80% accuracy at 200 yards. Not exactly Olympic material, but my shots go where I want them to.

      Finally, knowledge of how to use firearms can be used for good (shooting the prairie dogs eating your crops) or ill (robbing the liquor store). This is not the responsibility of the person giving instruction in firearms handling, any more than it is the responsibility of the manufacturer of the firearm. This knowledge can also keep you alive, and as proof I submit the case of the hunter that shot himself trying to load his muzzle-loading rifle. Apparently he was a bit too rough with it, the powder flashed, and he shot himself. Whether the shot itself was lethal, or he just bled out because he was alone, I don't know.

      If you're going to have a gun, it is in everyone's best interests (including yours) if you know how to make it do what you ask. This takes practice. You also need to know how to field-strip and clean your gun if you expect reliable service. It's a tool, and anyone whose vocation or avocation depends on that tool must know how to keep it in good working order.

      Besides, sitting at the kitchen table with all curtians open, calmly disassembling, cleaning, and reassembling your gun is a nice disincentive to anyone casing your house.

      Mal-2

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
    36. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      Huh ? If I INTENTED to distribute overly hot_coffee, but never do, then I am guilty of ............ ?? McDs in fact distributed over-hot-coffee no matter WHAT the intent.

    37. Re:Linking should and shouldn't be illegal by broter · · Score: 1
      That analogy works for criminal cases...

      Yeah, and who ever died from the web?

      </joke>
      --
      "One man can change the world with a bullet in the right place."
      - Mick Travis, "If..."
    38. Re:Linking should and shouldn't be illegal by vDave420 · · Score: 1
      God I hope you aren't a judge, or sitting on a Jury when this & other issues finally make it that far!

      Hopefully the first jury trial or two will set a precedent in *our* favor. =)

      =dave=

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    39. Re:Linking should and shouldn't be illegal by forrestt · · Score: 1

      IANAL...
      If you go back and look at the case, McD's had to pay so much, not because they sold over-hot-coffee, but rather because they sold over-hot-coffee simply because they found that if it was that hot, people would not drink a second cup, and they would then make more money. They also knew that if it was that hot, it would cause severe burns if a customer spilled it. They chose to ignore the health risks, and go after the money. That is why they had to pay.

    40. Re:Linking should and shouldn't be illegal by mmortal03 · · Score: 1

      "Trade groups need to accept that the pirates wouldn't buy their products under any conditions whatsoever (short of giving stuff away), and treat them as the free advertising (rather than "criminals") they serve as." Consider this: Car dealerships need to accept that the carjackers wouldn't buy their cars under any conditions whatsoever (short of giving stuff away), and treat them as the free advertising (rather than "criminals") they serve as. Yeah, I'm sure they would LOVE the free advertising. Just because I wouldn't ever buy something (whether it may be because I just can't afford it or for some other reason), does NOT mean that I am allowed to have it anyway.

    41. Re:Linking should and shouldn't be illegal by jumpingfred · · Score: 1

      No they have not. There was an article a while back where studio exectutives said that it is getting harder to buy a good first weekend becasue word gets out that the movie sucks. There was no talk about banning phones.

    42. Re:Linking should and shouldn't be illegal by monkeydo · · Score: 1

      Maybe, but that's a stupid analogy.

      Let's say you come over to my house with your new Hansen CD and want to make 10 thousand copies and I say, "Here, use this CD duplicator that I built." That would clearly be contributory infringement. If I tell you to go next door because Fred has a duplicating machine he'll let you use for 50 bucks, a jury might determine that was still a material contribution and thus contributory infringement.

      --
      Si vis pacem, para bellum
      The only thing more annoying than a Libertarian is an (un|mis)informed Libertarian
    43. Re:Linking should and shouldn't be illegal by IBitOBear · · Score: 1

      Quote: On the other hand, if your link says "Download Copyrighted Music Here -- the RIAA can kiss my ass"

      Actually, IMHO, the RIAA can indeed then kiss your ass. You are not guilty. Take a pass. The total amount of harm exposing linkers to legal redress far exceeds any interest we have in protecting individual copyright holders. Note that this is *not* a rabbid "I think copying music is fine" stance. It is the well-considered opinion of a software developer and would-be fiction author.

      The reasoning:

      1) It would not be at all undesireable to have a world full of would-be linkers and an utter absence of persons willing to host infringing material. If you can stop the hosts, you have won.

      2) It is, amusingly, quite desireable for the RIAA (et. al.) to leave the linkers unmolested. By finding a good set of aggressive linkers and just watching their pages, the rights conservators would be leveraging "a small army" of scavengers into their single greatest anit-piracy investigative service. Dozens, nay, hundreds of iscestious linkers seeking out every morsel of content to steal is a freaking boon to the copyright holders. The fact that the RIAA is too stupid see this and use it to their advantage is no kind of argument in favor of reclassifying an entire category of free speach and abbusable interdependency into an actionable category of human behavior.

      3) There are so many things more important than the Music/Movie/Software industry's profit margin (sorry guys, it is true though) that would be implicitly harmed by the tedious protectionist precident of making linking to something an officially contributory act. In an ideal world everyone would already be holding themselves responsible for their own actions; barring that ideal, we have an overriding interest in protecting the "useful" aspects of linking that totally trumps the niche interest in exposing the "abbuseful" aspects engendered by the music/movie/software pirate.

      4) Lawsuits and Takedown actions generate more "cash entropy cost" on the legal system and economy than the lost proffit being protected. (unless you beleive that some 12 year old actually cost the RIAA 250 million dollars...) This is an expense that we, the honest people, do not deserve to have to pay. Blocking the RIAA et. al. from enacting this squander upon us all is "for their own good".

      With respect to the profit margins etc, the place where the rights conservator organizations/lobies (RIAA, MPAA, etc) fall flat on their face is where they try to pretend that there are only two classes of people: purchasers and thieves. Their logic is based on the unsupportable position that the theives will become purchasers if they have no way to steal. Rediculous.

      With respect to any given work there is a set of particular classes of people:

      1) Absolute Adopters. These people will own the work and don't care about the cost. (rabid fans, stalkers, prestege hounds, collectors, and (odly) librarians)

      2) Avid Adopters. These people will buy if the cost is anything aproaching reasonable.

      3) Casual Adopters. If the price is right, they buy, but if not, they are content to do without. you know, however it works out is fine. Most People for Most works fall into this category.

      4) Circumstantial Acceptors. (Borderline Apathetic consumers.) If it comes into their possission (nearly) without cost or effort, they won't go out of their way to get rid of it. Circumstantial Acceptors are, on the average, the TV and Radio consumers.

      5) Averted Audience. They don't want the product, won't buy it, and won't take or keep it if it comes into their possession. (e.g. my personal opinion of "Avant garde" and Hip-Hop puts me in this category for those genres. These forms do not speak to me and disrupt my listening experience. If it comes up on my play list/radio station I delete it or change the channel. Your preferences may usefully vary.)

      6) Adversiaral Opponent. This is Tipper Gore vs "bad" Rock an

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    44. Re:Linking should and shouldn't be illegal by pruss · · Score: 1

      The law often looks at intent. Intent can be hard to gauge, but there are clear cases. On the one hand there is no evidence that the search engine programmers intended to aid illegal activity, just as kitchen knife manufacturers don't intend to aid people to commit murder. On the other hand, if someone has a link with the description "Get the illegal stuff here" or markets a knife as "Great for getting rid of pesky neighbors", then the intent to aid someone with illegal activity is pretty clear.

      Of course sometimes one can't gauge intent very accurately at all. Presumably, in a criminal case, in such circumstances the person should count as innocent. Of course "should" is not the same as "would", and I am not a lawyer.

    45. Re:Linking should and shouldn't be illegal by Simon+Garlick · · Score: 1

      If a site posts links to other sites and one (or more) of them contains something illegal, but the illegal content was neither the overt or covert reason for the link, then that should be fine. But if the purpose of the link is solely or primarily to help you do something illegal then the person posting the link should be regarded as an accomplice.

      You can buy drugs at night on most street corners in the suburb of Redfern in Sydney, Australia.

      According to your theory, I am now an accomplice in the Australian drug trade.

    46. Re:Linking should and shouldn't be illegal by bigsteve@dstc · · Score: 1
      In order to commit a crime, you must knowingly commit an act which deprives another of rights with the intent of so depriving the other party.

      As a blanket statement, this is totally wrong. In general, an action can be a crime whether or not it was committed intentionally. For example, intention is irrelevant when you get a speeding ticket. There are exceptions; e.g. the distinction between murder and manslaughter hinges on the intent of the perpetrator. But these exceptions are typically spelled out in the relevant laws.

      (IANAL either)

    47. Re:Linking should and shouldn't be illegal by Reziac · · Score: 1

      Good points. But intent is often in the eye of the beholder (which may or may not be the Authorities), not in the mind of the person doing the act. And sometimes it's just a "since you're such pricks, screw you" response. (Which one can hardly blame anyone for wrt the RIAA!)

      As someone's sig here says, the can is open, and the worms are everywhere.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    48. Re:Linking should and shouldn't be illegal by Anonymous Coward · · Score: 0

      MacDonalds got sued not for intent to harm, but intentionally distributing a product they knew could be harmful and not taking appropriate safety precautions.

      when they knowingly distributed it under those conditions, they immediately assumed responsibility under the law for any damages suffered the distributees.

      they didn't pay kazillions either. the award was 3 million i believe, and was appealed down to about 800,000 IIRC. the woman had to undergo about 8000.00 of plastic surgery to correct severe burns to her groin and legs. she deserved it.

    49. Re:Linking should and shouldn't be illegal by pla · · Score: 1

      This is bullshit and you and I both know it.

      Can you say "plausible deniability"?

      Yeah, I'll freely admit I have no collection of top-40 boy bands. How about my new Delerium CD that suffered a rather unfortunate demise after spending some time under my rear passenger side tire?


      Fair use protects your right for YOU to make a backup. It does not give you the right to procure another copy from someone else after your primary copy is damaged or destroyed.

      As I understand it, that remains very much an open issue - Yes, my right to make a personal backup exists, but using a copy that I did not produce, for a work I did indeed posess but no longer works? Not specifically unkosher, just not specifically allowed.


      So, I reiterate my primary point: Plausible deniability. Our society appears to have completely forgotten that central tenet of our system of criminal law, "innocent until proven guilty".

  5. RTFA by Texas+Rose+on+Lava+L · · Score: 5, Informative

    It's mp3s4free.net, not mp3s4free.com.

    1. Re:RTFA by KentoNET · · Score: 1

      The article was in error and updated since its original publish, footnote and all.

      --
      "You tried your best and failed miserably. The lesson is...never try. Heh!" -Homer
    2. Re:RTFA by mlrtime · · Score: 1


      wtf, mp3s4free.net resolves to 192.168.100.1 on my network which is my cable modem, which has a webserver...

      Toshiba Cable Modem Diagnostics Page

    3. Re:RTFA by good-n-nappy · · Score: 1

      Mp3s4free.com: It's dot net!

      --
      Never underestimate the power of fiber.
  6. Australian raids on link site by belmolis · · Score: 5, Interesting

    If Australian law is anything like US law, in order to obtain a search warrant the lawyers for the music industry had to provide affidavits to the court giving their reasons to believe that the web site contained infringing material. Since the site in fact contains only links, either they lied in their affidavits, which would be both perjury and a fraud upon the court, or they didn't even bother to look at the site, which would be grossly negligent.
    Am I missing something, or are they in very deep legal trouble?

    1. Re:Australian raids on link site by cyril3 · · Score: 3, Informative
      IANAL but as far as I know an Anton Pilar order is primarily designed to allow the applicant to seize property that may be subject to action or may be used as evidence in an action when it is possible that the property might be destroyed or removed from the jurisdiction of the court. (I think the Anto Pilar was a ship that was subject to action as to ownership or was security of some kind)

      In that case I suspect the requirements are less onerous than search warrants and they probably only had to show that the property they were looking to seize (Computers, discs and logs etc) would be likely to be or contain evidence that might otherwise be destroyed or removed etc.

    2. Re:Australian raids on link site by Anonymous Coward · · Score: 0

      IANAL but as far as I know an Anton Pilar order is primarily designed to allow the applicant to seize property that may be subject to action or may be used as evidence in an action when it is possible that the property might be destroyed or removed from the jurisdiction of the court. (I think the Anto Pilar was a ship that was subject to action as to ownership or was security of some kind)
      In that case I suspect the requirements are less onerous than search warrants and they probably only had to show that the property they were looking to seize (Computers, discs and logs etc) would be likely to be or contain evidence that might otherwise be destroyed or removed etc.


      Yes, but the kicker is that they didn't find any mp3 files, only links to them.

      Links can be easily found by browsing the allegedly illegal website, so there is no need for the Anton Pillar order...they might be able to sue for damages.

    3. Re:Australian raids on link site by Anonymous Coward · · Score: 1, Insightful

      They have shot their bolt, cried wolf for the last time.
      No more Anton pilar orders for them, and I hope an injunction preventing and restraining them is lodged in response. They knew the difference between links and material, so exemplatory damages can be sought for this frivolous and outrageous invasion of privacy.

    4. Re:Australian raids on link site by gnu-generation-one · · Score: 0

      "Since the site in fact contains only links, either they lied in their affidavits, which would be both perjury and a fraud upon the court, or they didn't even bother to look at the site, which would be grossly negligent. Am I missing something, or are they in very deep legal trouble?"

      You're missing the "perjury being bad" bit -- have you ever watched policemen testifying in court? Microsoft in court? The RIAA in court?

    5. Re:Australian raids on link site by cyril3 · · Score: 1
      Yes, but the kicker is that they didn't find any mp3 files, only links to them

      Evidence is not restricted to the thing allegedly trafficed. Its not unreasonable to assume that in a virtual operation like this, the computers might contain evidence of the organizations activities.

  7. Response? by Lord_Dweomer · · Score: 2, Insightful
    I'm wondering what people can do in response to raids like this? I know the DMCA has some tricky wording on the issue, something about how they just have to have suspicion or something. Can someone clarify what options one has to respond to an RIAA "raid" of this nature?

    --
    Buy Steampunk Clothing Online!
    1. Re:Response? by scrote-ma-hote · · Score: 1

      Well, seeing as it was in Australia, which doesn't actually have a law known as the DMCA, and the RIAA is an american company (ARIA is the company you're after), I'd you probably need to RTFA. Different laws in different countries. Weird eh?

    2. Re:Response? by child_of_mercy · · Score: 1

      The Copyright Amendment (Digital Agenda) Act 2000 is not entirely disimilar from the DMCA.

      A copy of the Parliamentary Library's Bills Digest (crib notes for parliamentarians who are not lawyers is here for the Copyright Amendment (Digital Agenda) Bill 1999

      --
      'There is a Light that never goes out.'
    3. Re:Response? by Lord_Dweomer · · Score: 1
      Of course I didn't RTFA, you must be new here ;)

      But lets suppose this DID take place in the US, what form of retaliation could we resort to?

      --
      Buy Steampunk Clothing Online!
    4. Re:Response? by scrote-ma-hote · · Score: 1

      Fucked if I know. I'm from New Zealand.

    5. Re:Response? by Lord_Dweomer · · Score: 1
      " Fucked if I know. I'm from New Zealand."

      Completely off-topic, but I'm a college student seeking to do an internship in marketing/advertising in New Zealand. I'm looking to work in the most tropical area (crystal clear water and palm trees and stuff) and was wondering if you knew of any good companies to try to work for? Also if you know of any things that would make life VASTLY different from america were I to be in New Zealand (net access, important law differences, whether i'd be able to bring medicine on the plane, etc)? Thanks for any help you can offer.

      --
      Buy Steampunk Clothing Online!
    6. Re:Response? by scrote-ma-hote · · Score: 1
      Ummm. Not really. I'm a medical student, I'm in the cold part of the South Island. There's not really anywhere tropical in New Zealand, your best shot is somewhere up north, e.g. the bay of islands, Auckland.

      Auckland is our biggest city (1 million people), and looking for employment would be best there. Cost of living is quite high compared to the rest of the country.

      Laws etc wise, I'm not really sure, as the only laws I hear about are on /. Medicine on the plane I doubt would be an issue, but I'm not qualified to answer that question.

      Something to think about is that the prevailing attitude in New Zealand is somewhat anti-american, although this is mostly due to American foriegn policy, and the current president, as opposed to the people.

      From what I've discovered of Americans in NZ (exchange students mostly), as long as your open-minded enough to accept a world outside of the US, and aren't to vocal about Americas being superior, people will get on just fine with you. All in all, it's a pretty sweet country to live in.

      Sorry I can't be more help in the matter. All the best.

  8. it's about the intent by sir_cello · · Score: 3, Interesting


    Linking per se is not illegal, but linking to infringing material will be, especially when you have reasonable belief that the material is illegal.

    In the case of google or a search engine, they have a good defence: file a DMCA take down notice to have the infringing material unlinked. It is unreasonable to expect that google would self-police their content, it's just intractible.

    But when you have a site set up, specifically to provide references to infringing material, largely for the purpose of allowing people to access that material, then I'm afraid you probably don't have a strong case. It's already looking bad "in principle", despite any technical issues.

    Attempting to "beat the system" by using this approach is really not the way forward for any advocacy over rights. It's effectively trying to cheat around the technical points while in principle supporting copyright infringement.

    1. Re:it's about the intent by RodgerDodger · · Score: 1
      Under Australian copyright law, this would be a perfectly legal setup:

      • Load a CD tower up with music CDs
      • Publish a web site that allows you to download music from the tower, with automatic ripping to MP3 as part of the download process
      • Stick a disclaimer on the site that, if you are not the owner of the CDs in the tower, then you are required to use the resulting MP3s only for the purposes of study or review (two of the four "fair use" rights under Australian law)


      Offering files under Australian law isn't a violation of copyright; you are not copying(*). Under Australian law, it is legal to copy something for the purpose of review, including private review, thus the act of downloading in and of itself is legal. It's only when you fail to delete the copy after making your review that you have violated the law.

      I wouldn't want to argue this in a court of law, per se, but the letter of the law is set up that way.

      * Storing them as MP3s would, but an on-the-fly translation to MP3 is equivalent to encoding for transmission, which is permitted, and is what makes it legal to play them in your computer. Saying that the act of offering the files is copying is like saying that putting a photocopier on the street is illegal.
      --
      "Software is too expensive to build cheaply"
    2. Re:it's about the intent by SKPhoton · · Score: 1

      Next step: sue people for talking about illegal MP3s. For well all know that this leads to curiousity, interest, and then intent on downloading. Stop it at the source!

    3. Re:it's about the intent by Anonymous Coward · · Score: 0
      Saying that the act of offering the files is copying is like saying that putting a photocopier on the street is illegal.

      I don't know about australia but here in the us there are laws against obstructing traffic

    4. Re:it's about the intent by fact0r · · Score: 2, Informative
      Incorrect:
      • There are two different ways to breach copyright law in Australia:
        • Directly breaching copyright (copying something which you have not been given the right to copy).
        • Authorising the breach of copyright (the sharing of copyrighted material which others do not have the right to copy could be regarded as this)
      • There are no general fair use provisions in Australia. You may use copyrighted material only to the extent that it has been licensed for your use. [There are some specific fair use provisions for software but none for music].
      • Putting a photocopier on the street is illegal as soon as anyone has used it to breach someone else's copyright if you have not given the user sufficient warning. [note the Uni of NSW photocopier case which largely defined copyright law in Australia - you will find it on AustLII if you are interested].
    5. Re:it's about the intent by RodgerDodger · · Score: 1
      Check again:

      • Putting something on the net with a disclaimer that you can't use it to breach copyright is a sufficient warning (as per the photocopier case). You'll note that the disclaimer was part of the scenario I mentioned
      • Copying for the purposes of study and review are two of the four "fair use" provisions applicable to all copyright-protected items in Australia
      • If someone uses a service (with suitable disclaimer) to breach copyright, it's their problem, not yours.


      Of course, if someone was to do this, they would get sued, and probably lose the case. However, the arguments would be around intent.
      --
      "Software is too expensive to build cheaply"
    6. Re:it's about the intent by sir_cello · · Score: 1


      That's a nice idea, but you seem to be talking "pop-law".

      The judges and courts are not to have the wool pulled over their eyes, and case law illustrates that when someone is trying to "beat the system" and weasel around the law, then the courts are not usually going to find in their favour.

      If you practice law, you will realise that the statutes are not the be-all and end-all of the law: you need to look at case law as well. It is subject to interpretation on the specific facts of the case at hand.

      The courts are also quite happy to create new law in these circumstances as well.

  9. Wow, good-bye personal rights... by unclebrady · · Score: 2, Funny

    Guy: Hey man, do you know where the drug dealers on this block are?

    Me: Um, there's a sketchy guy that hangs out on the corner over there who might know about it.

    Cop: FREEZE!! You're under arrest for drug dealing!

    Me: Damn you DMCA! Now I'm a drug dealer cause I know where the sketchy people hang out!

  10. Slashdot - you are under arrest! by Anonymous Coward · · Score: 0, Funny

    You posted the link to the web page that has links to illegal material!

    And as it has been proven that on the web everything is within 10 clicks - you all guys are under arrest for linking to links to links to links to links to links to links to links to links to links to links that point to the illegal material!

  11. Wait a minute.... by Gldm · · Score: 1

    Didn't we already try this?

    --

    Introducing the new Occam Fusion! Now with sqrt(-1) fewer blades!

  12. Oh Good God by JAJ5818_X · · Score: 0

    Perhaps they should hire Al Gore and buy out SCO. We now have the guy who invented the internet therefore we claim it for our own and oh yeah. . . All your Lunix are belong to us!

  13. 2600 by SupeRobot+Ninja · · Score: 4, Informative

    It's hardly fair, but the DMCA already has a positive track record in this area; 2600 was forced to remove a link on their webpage to a separate page which hosted the crack that disabled DVD copy protection.

    1. Re:2600 by cyrax777 · · Score: 0

      and also later on the source code.

    2. Re:2600 by child_of_mercy · · Score: 2, Insightful

      there's a difference between writing a letter saying

      "please remove a link from your site because it links to a site we beleive is in violation of the DMCA" (as unreasonable as even that sounds)

      and kicking down their door in a dawn raid and dragging their computers away because they are incorrectly suspected of infringement.

      I imagine they will be able to sue whoever took out the Anton Pillar order for quite a lot.

      A more promising target would be any LAN day across australia, now there is a field of file and porn trading to make your hair go white.

      --
      'There is a Light that never goes out.'
    3. Re:2600 by SupeRobot+Ninja · · Score: 1

      Depressing, but it's unlikely they'll succeed. The RIAA is like a dying beast, more vicious and powerful than ever before; God only knows what kind of economic pressure they'll exert on Australia.

    4. Re:2600 by Anonymous Coward · · Score: 0

      Don't forget that they replaced the link with a text URL.

    5. Re:2600 by Anonymous Coward · · Score: 0

      "It's hardly fair, but the DMCA already has a positive track record in this area..." ... in the UNITED STATES.

    6. Re:2600 by cranos · · Score: 1

      Well let me be the first to say DMCA can go suck arse as far as Australian Law is concerned.

      We aren't the fifty-first state yet.

    7. Re:2600 by poot_rootbeer · · Score: 1

      It's hardly fair, but the DMCA already has a positive track record in this area

      Okay, but the DMCA is a United States law, not an Australian law.

      OFFTOPIC!

    8. Re:2600 by mutewinter · · Score: 1

      Ya, and the judge ordered them that the links couldn't be hyperlinked. They were still there, you just had to copy and paste the url to get there.

    9. Re:2600 by AyeRoxor! · · Score: 1

      "Okay, but the DMCA is a United States law, not an Australian law.

      OFFTOPIC!"

      Please, sucka. If the world's advanced countries aren't all trying to model a law after the DMCA, you may have had a point.

  14. "Linking Is Bad" is BAD thinking by IBitOBear · · Score: 5, Insightful

    Consider the chilling (abbusable) effect of making linking illegal or conspiritorial act.

    You have a problem with a person or organization. You link to their site as an example of the problem you have with them. (Say you link to the Debold site because they are "election fraudsters".)

    If your problem is that they can (a) persue you because you linked to their stuff or (b) change the page you innocently linked to to an infringing content site (you infringe their content, but they don't, so clearly you meant others to infringe their property.)

    Plus there is a proof-by-induction problem. You link to a friends page because you like him. Unbenonst to you, he links to infringing material. An over-zealous RIAA decides that the "only possible reason" for you to have linked to such a malcontent was that you must share his every view.

    How many link steps does it take to wash an outgoing link?

    Suppose you have a bunch of links lying fallow on your friends page that you haven't bothered to clean out for a while. A new user takes over an old firends equally fallow account and posts kiddie porn. Your link reads (and always had read) something innocent like "A young lady who's company I enjoy" but "margrets-life.com" now takes you to naughty-margret the hottest little 12 year old in siagon...

    Its a mire.

    You sould be able to link to anything. Essentially when you link you are in a crowded stadium and you are pointing your finger across the crowded field (at a possible stranger). Such pointing should not make you responsible for the actions of the person you are pointing at.

    Its just too much "who guesses what whom intended where? We'll let the prosicutor who is up for reelection decided... he should be impartial..."

    (And yes, this goes for a link that says "crack and murder-for-hire at franks house" because when you wrote it, it might have been a joke. How do you *really know* what frank does in his off time anyway?)

    Don't sacrafice your life on the alter of "seeming reasonable".

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:"Linking Is Bad" is BAD thinking by Reziac · · Score: 1

      "You sould be able to link to anything. Essentially when you link you are in a crowded stadium and you are pointing your finger across the crowded field (at a possible stranger). Such pointing should not make you responsible for the actions of the person you are pointing at."

      That's absolutely the best analogy on the subject I've ever seen. Hope you don't mind being quoted!

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    2. Re:"Linking Is Bad" is BAD thinking by PCM2 · · Score: 1

      OK, but how about a counter example?

      Suppose you host some infringeing MP3s with the express purpose of making those files available to all and sundry on the Web.

      You then meet with a group of "link site" operators in person (no paper/email trail) and disclose to them the URLs of your files. These people then proceed to post the links to your infringeing material on their own sites.

      The copyright cops take notice. They find these links to your files over 50% of the sites on the Internet. They track you down and bust you.

      Your defense? "Honest, your honor ... I had no idea that other people knew where to find those files. I just stuck them in a directory on my machine for my own use!"

      Obviously this was a conspiracy, and obviously you are the one who provided the infringeing materials to begin with. How should the law be enforced (assuming you believe it should be in the first place, that is)?

      --
      Breakfast served all day!
    3. Re:"Linking Is Bad" is BAD thinking by IBitOBear · · Score: 1

      That's not trickey. You HOSTED the material in that example, so you are the responsible party if it is illegal to HOST the material. You "expressly" hosted it. That is an agregous offense. Sucks to be you dude...

      Where is the question?

      We are discussing whether those "link site operators" should be held liable. (They shouldn't BTW) If you are stupid enough to commit a actionable offense in public, you deserve what you get. All the "link farmers" did was draw attention to you. For the most part, the link farmers (arguably) did the infringed party a favor by making you locatable. (OK, that is going a bit far, but only a bit.)

      The point being missed is that linker isn't responsible for the actions of the linkee. And there is no "sufficent" excuse to care about the linker in the "piracy" case that isn't completely and thuroughly trumped by the issues that actually matter in all the "not piracy" cases.

      It is "more good for the human condition" to allow free linking. The total exposure of letting the thieves steal the music they weren't going to buy anyway is (absolutely and unequivicablly) NOTHING when weighed against the unimaginable harm that could be wrought if the meer act of pointing at something was re-cast into a legally conspiratorial act.

      Consider the whole encryption issue. For years the US Government was trying to keep adequate cryptogoraphy out of the hands of honest citizens. Lots of US sites then just linked to web sites hosting PGP (etc) in *free* *countries* so that the citezens of the US could protect their own privacy. Those linkers would have been FELONS if linking was illegal, and a great injustice (in weighty governmental abuse) would have been allowed to flourish.

      Or how about the Chineese government wanting to kill freenet by keeping it out of the hands of its citizenry. That is exactly analogous to the RIAA's position on linking. They (both) don't like what is happening and it would greatly advance their ajenda if they could stop it. If you recognize the lesser claim you legitimze the greater by definition.

      How about "community standards"? Does your podunk town think something your site points to is pornographic or otherwise doesn't meet the comunities standards of "good, moral, and decent behavior"? If so, you are screwed. Sure, you didn't possess one whit of the aforementioned objectionable material, but your computer linked to it and that is "enough for them" and you do a quick five-spot for "trafficing" in "porn" because you have a link to a site that advocates the right of consenting adults on private property hanging out naked by the pool with like-minded consenting adults.

      Yea, making all that illegal is *such* a small price to pay to protect the overriding cultural need we all feel for the RIAA to make an extra one-half percent on their margins next year.

      Right...

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    4. Re:"Linking Is Bad" is BAD thinking by Alsee · · Score: 1

      Your defense? "Honest, your honor ... I had no idea that other people knew where to find those files.

      That "defense" isn't. Take a look at copyright law, you're liable.

      Basicly your example boils down to me meeting with a bunch of people and I tell them I'm going to strip naked in a crowded stadium. Those people then stand around the stadium POINTING AT ME. I am illegally exposing myself, even if I claim I had no idea anyone would know which corner to see me in. The people pointing at me are NOT illegally exposing themselves.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:"Linking Is Bad" is BAD thinking by POds · · Score: 1

      Well lets face it, if they make a law, then they're going to have to be very specific about it. Laws cant be abstrack!

      If they were to go about it, maybe the could say linking to illegal media as defined by the RIAA OR ARIA is also illegal. Something like that.

      Im not a law maker so i dont pretent to know what im talking about it. but if they where to do it, i dont think it'd be as bad as your claiming it to be unless they wernt very specific when they make the law which in that case, what you describe could very well happen, and we should all be afraid... very afraid!

      --


      Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
    6. Re:"Linking Is Bad" is BAD thinking by POds · · Score: 1

      Well i was under the impression that you'r not allowed to copy material even for your own use. Im not sure of the licences or those that may be attached to songs sold through itunes or something similar.

      But surly the blame there lies with the guy who hosts the files. He's aquired them somehow. The only way they wouldnt be illegal is if aquired them through itunes or something.

      Maybe then there should be a law hosting those files openly? But thats even worse really. Its difficult i'll admit!

      --


      Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
    7. Re:"Linking Is Bad" is BAD thinking by Anonymous Coward · · Score: 0

      'Its a mire'
      Exactly, but particularly when you try to subject it to the tortured circular thinking I am reading in the above threads. Human thinking is flawed. Human 'legal' thinking is tremendously flawed. Those who hold up the Law as some guiding light of 'truth' in this world are fools. Its as much jungle law as it ever was. The (generally rich) strong still call the shots and most people get away with what they can, when they can. Trying to encapsulate everything in neat little legally satisfying compartments is a exercise in stupidity. Analysis and whining merely makes you passive in this world. If you beleive in something either go out and create links to illegal music...preferably LOTS of them, better still HOST some of your own, or go out and be one of Bush's little snitches and call the damn cops.

  15. Spinmeistering by nomad63 · · Score: 0

    Although I am not familiar with Aussie law, by looking at the latest stories, I am under the impression that it is as draconian as their counterparts in the US.
    And being backed by these extremely corporate favoring laws, music industry (not the artist) is able to do anything "they" deem possible and doing it. When they can not find any real substance to hold the websites accountable, instead of accepting defeat, they are spinning the story to make their claim valid as "linking by itself is illegal" claims in this story.

    Yes, artists are getting gipped by pirate downloads and it is morally wrong. We all know and accep that. But these artists are the ones who can say "STOP!" to this music industry who is alienating the atrists' client base. EFF/EFA are doing the right thing, by protecting the innocent but as long as artists are backing the RIAA and its derivatives all over the world, just to make a few more pennies, these big-money dragons will prey on everyone and the rule of the land will be "everyone is guilty unless proven innocent".

    --

    __________
    The more I know people, the more I love animals
    1. Re:Spinmeistering by Anonymous Coward · · Score: 0

      artists are getting gipped by pirate downloads

      They are? You're buying the RIAA propaganda. Do you really think people would buy every album that they download? Most of the time it gets downloaded, maybe listened to once - long enough to figure out that it sucks, and then archived.

      If I really like some songs from a particular band, I buy the CD. It is higher quality and I can easily shift it to wherever I need to use it (home stereo, computer, car, whatever).

      On top of that, I think most people are sick of the RIAA's iron fist control of radio stations. How many times do we have to listen to one single from each band, instead of a variety of songs from their albums? And when you finally hear one you enjoy and buy that album, isn't it irritating how often the rest of songs SUCK? If you ask me, the artists and labels are the ones putting one over on consumers, not the other way around.

  16. They found NOTHING? Then they ARE guilty! by Tsar · · Score: 4, Funny

    "Electronic Frontiers Australia (www.efa.org.au) claims that the raids organized by the music industry on mp3s4free.com have come up with nothing."

    How much nothing did they find? No matter--whether it was 4 minutes 33 seconds or only a minute, nothing is still a copyright violation, and John Cage's publishers will have something to say about the nothing that was found!

    The question is, how do you remove it?

  17. It's only freaking pop music by HarryCallahan · · Score: 1

    So let's say linking to "illegal" mp3s IS wrong, let's say the highest freaking court in the land will rule in favor of the music industry, well hoopy do, fucking jay walking is wrong too. Do policeman go chasing after people every time they see one walk against a red man? No of course not, they have better things to do. In a society with so much "real" crime going on why is so much attention given to bloody 15 years olds downloading the latest Britney single? Fuck the music industry and their profits, and fuck the elected officials whos pockets are getting pissed in by these people. What a bloody waste of resources chasing after file downloaders.

    1. Re:It's only freaking pop music by Anonymous Coward · · Score: 0

      Well said Sir. So much wank about a load of cacophonous durge that doesn't even pass as music anyway. Yes, Fuck the music industry, treacherous hive of svengeli pimps and limp dick lawyer types. Yes, there is real crime and suffering in the world, people are having their limbs blown off and dying in agony all over the globe while we pontificate on the minute details of theoretical jurisprudence.

      Im gonna do something positive today.

      I have nothing more than a casual passing interest in music, I can't say I've ever downloaded an mp3 much to my embarrasment.

      But today ,instead of whining about my rights, I'm gonna rip some tunes, illegally, and put them up on the net. Yes you heard me, i'm going to BREAK THE LAW.

      Not because I planned to do this. Not because I have any need to.

      Im going to do it because some fat chump in a suit somewhere doesn't want me to and spoiling his day really appeals to me right now.

      How dare you even presume to tell me what I can or cannot do with my computer. If I can contribute one tiny bit to bringing down your fake industry and putting you out on the street I will have done a good deed to feel happy about.

    2. Re:It's only freaking pop music by Anonymous Coward · · Score: 0

      SPOT ON!! w00t w00t @ j00 sir

      i agree, it is only pop music, and the riaa's contributions to global economy while fairly large are not even a drop in the ocean anyway.
      Riaa is run by suits not musicians, they know nothing about what "good music" may or may not be, They want to manufacture their bands so they can claim all the credit and the money for said bands works - its a joke , its not worth listening to and then they wonder "why aren't people buying music from us? could it be that we haven't signed any decent musicians for years and we are not crediting them with enough intelligence to know that these fake-bands that we keep churning out are crap? naaa, must be the internet.

      fuck em
      too right, can't we spend the money that would be spent catching people who link to other sites illegally on something more benifical to society? you know - more bombs or something? arm the homeless ? something like that?

  18. WMDs... by taped2thedesk · · Score: 2, Funny

    So when Bush said Iraq had WMDs, he really meant to say that they LINKED to WMDs... :-p

    1. Re:WMDs... by LX.onesizebigger · · Score: 3, Funny

      Well, the phrase having links to terrorist organisations keeps popping up as a vague but severely incriminating description in the media.

      --
      I for one welcome our new SCOviet Russian overlords to whom all our base are belong.
    2. Re:WMDs... by AftanGustur · · Score: 1


      Well, the phrase having links to terrorist organisations keeps popping up as a vague but severely incriminating description in the media.

      During the latest fund-raising meeting that George helt along with his henchmen I heard (on CNN I think) that the USA now had the proof that Iraq had had in place a "process of creating a WMD program"..

      No, I'm not making this up..

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    3. Re:WMDs... by hpavc · · Score: 1

      yeah, this has been the reponse. and if you google for that phrase you will have some luck.

      --
      members are seeing something, your seeing an ad
    4. Re:WMDs... by shrubya · · Score: 1
      proof that Iraq had had in place a "process of creating a WMD program"..

      Well duh, a preliminary premeeting about WMD is just as bad as already owning WMD (especially if you have to attend the pre^2 planning session). Saddam clearly would have done it... if only he hadn't hired Dogbert as project manager.

  19. MP3's by rf0 · · Score: 4, Insightful

    It might be that the site just had a list of MP3's that are in the public domain. Just because something is in MP3 format doesn't mean that it isn't legal

    Rus

    1. Re:MP3's by surprise_audit · · Score: 1
      So, do they actually listen to the content, or are they just seeing names that might match their artists and launching a suit?

      Suppose I host a site on which I place an MP3 called "Britney's Latest Hit.mp3". Should I expect to get a take-down notice and a lawsuit? Or do you think they'd actually download the MP3 and listen to my 4-year-old daughter Britney banging on 4 saucepans and a plate with a wooden spoon?

    2. Re:MP3's by Random832 · · Score: 1

      just because the "general public" wouldn't want the public/free/legal mp3s doesn't mean it's not reasonable that they would have been posted.

      --
      We've secretly replaced Slashdot with new Folgers Crystals - let's see if it notices.
    3. Re:MP3's by Gonarat · · Score: 1

      Ask Professor Usher at Penn State. He got a takedown notice from the RIAA for having some lectures on MP3. The RIAA did back down on this one, but it shouldn't of happened in the first place.

      --
      Beware of Sleestak
  20. Re: U.S. to invade Australia. by Black+Parrot · · Score: 2, Insightful


    > The U.S. government is tired of invading poor countries. Since Australians are possibly doing something that is annoying, the U.S. will invade tomorrow.

    > Don't worry Australians, it will be less than a year until you get your $87 billion of U.S. taxpayer money for reconstruction, government corruption, and to help make the Halliburton company richer.

    Coming to a theatre near you soon...

    --
    Sheesh, evil *and* a jerk. -- Jade
  21. 2600 by stewwy · · Score: 1

    This is the same argument used in the 2600.com case for linking to DeCSS, looks like they'll have a more difficult job pursuading an Australian judge.... we can but hope!

  22. Everything is Illegal by philovivero · · Score: 1

    The music industry is now saying that just linking is in itself illegal. This does not appear to be supported by Australian law.

    Humm. Is this anything like SCO declaring copyright is illegal?
  23. OT by Alsee · · Score: 1

    Fermi's Solution: Any sufficiently advanced civilization either destroys itself or transcends to superintelligence.

    Fermi's Precipitate: Civilizations that destroy themselves.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    1. Re:OT by TexVex · · Score: 1
      Fermi's Precipitate: Civilizations that destroy themselves.
      LOL! :)
      -Of course /. stories are slanted. If it wasn't slanted it'd be |.
      And double LOL. :) Of course, "pipedot" would be the apropos place to post all future SCO stories as well.
      --
      Fun with Anagarams! LADS HOST, SHALT DOS. HAS DOLTS. AD SLOTHS, HATS SOLD. ASS HO, LTD.
  24. Re:They found NOTHING? Then they ARE guilty! by Technician · · Score: 1

    I have a test CD for setting up sound systems and checking CD players specifications. It has a track of silence as a refrence for signal to noise measurements. I wonder if it is in violation of copyright? I didn't see any refrence to cage.

    --
    The truth shall set you free!
  25. Hey! by Simple-Simmian · · Score: 1

    Darl is sharing his new crack. Now the Ausie recording greedheads are on crack too. Linking is not illegal. Sorry no cigar. I hope the courts that issued permission for these raids jambs them up side the head with some nice cash penalties.

    --
    If you don't like what I write don't be a CS and mod it down. Refute it.
    Yea I can't spell. So what is your point?
  26. Why bother with the legal stuff by Anonymous Coward · · Score: 0
    Way to go! The site gets slashdotted and the record companies don't even have to bother having their lawyers shut it down.

    Uh-oh, did I stick a link in there?

  27. Re:They found NOTHING? Then they ARE guilty! by ratfynk · · Score: 1

    What would they do if they found 'The Sound Of One Hand Clapping'. Hey do you realise that J Cage does own a the copywrite for the sheet music to his Silence. So it is illegal for you to Photo Copy and destribute for the purpose of performance a copy Silence! Thats why it's so fsck'n noisey in todays world I guess.

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  28. Hazardous way of thinking... by jdifool · · Score: 2, Insightful

    Hi all,

    trying to make linking illegal is sneaky, because here they are trying to take advantage of a subjective matter (illegal MP3s transfers). This issue is controversial ; thus, trying to enforce a ban on linking will be easier on a subject where people are not focused primarily on this concern. But it should appear much more clearly as a dangerous thing if applied for instance on content shifting trough time etc.

    Pardon my English, but the Frenchies still can't admit that they are supposed to speak any other language than this of Napoleon the GRrrrreat... :)

    JDif

    --
    Let's overcome our weakness.
    1. Re:Hazardous way of thinking... by obeythefist · · Score: 0

      Curious, because a link will in theory only cause a flow of traffic between the client browser and the evil third party actually providing the (potentially) copywrite infringing MP3 file. None of that should go through our own plucky little website that the EFA is looking after.

      So the question is, is ARIA trying to say that linking is illegal? Or are they saying that linking with intent to breach copywrite law is illegal? How illegal is facilitation?

      This reminds me of the whole DeCSS mess where that kid got busted for "facilitating" DVD copywrite infringement/DMCA violation.

      --
      I am government man, come from the government. The government has sent me. -- G.I.R.
  29. Re:They found NOTHING? Then they ARE guilty! by Tsar · · Score: 2, Funny

    I have a copy of that CD. Fortunately, the track to which you're referring is of hip-hop silence, which contains a two-second sample of Cage's original 4'33" repeated many times.

    Listen to it again and you'll agree that the first two seconds sound exactly the same as the next two seconds, and so on. Actually, I'm surprised you didn't notice it before!

  30. Re:TRY AGAIN by Anonymous Coward · · Score: 0

    It's not a matter of sites that "might know about it", they link to the sites knowing they have illegal mp3's, and give the address, preciesly.



    Making it much easier for the cops to go pick up the real criminals. Yeah, that's a serious crime in any country that has a criminal as president.


  31. Re:Hey they RIAA website is up again.... by Anonymous Coward · · Score: 1, Insightful

    Hm what ping program are you using? The '-f' is actually the fun one and does something quite different from what you listed. From the man page:

    -f Flood ping. Outputs packets as fast as they come back or one hundred times per second, whichever is more. For every ECHO_REQUEST sent a period ``.'' is printed, while for ever ECHO_REPLY received a backspace is printed. This provides a rapid display of how many packets are being dropped. Only the super-user may use this option. This can be very hard on a network and should be used with caution.

  32. Him? He's harmless. by AllenChristopher · · Score: 1

    Part of the free speech movement at Berkeley in the sixties. I think he did a little too much LDS.

    1. Re:Him? He's harmless. by neurosis101 · · Score: 0

      hey, I don't like mormons either, but easy man. Oh, you meant LSD.

  33. In the UK however by samjam · · Score: 2, Insightful

    More and more money and time in the UK is spent chasing "mostly honest" individuals for the slight slips, why?

    Because they don't run, they don't hide and they pay up.

    Expect this trend to spread.

    Great time and money are spent trapping motorists who speed by as little as 10% such that around speed cameras motorists now take their eyes off the road in order to check their speed to the meter.

    Someone will be harrassed by local youths and when provoked to right back, get arrested - why - because they didn't run away.

    Expect more of this as law enforcement agencies have to meet their targets they pick easier targets.

    Not all law enforcement are like this, I know some who like to target the truly criminal.

    However...

    1. Re:In the UK however by Anonymous Coward · · Score: 0

      .. if its all too difficult to get money out of people, change the law to make it more restrictive so that you can. Then spend ridiculous amounts of money publicising and justifying that to the average joe out there that it makes all the difference to public safety.

      welcome to reality..

  34. Doesn't this help the music industry out? by GreenKiwi · · Score: 3, Interesting

    I would think that sites like this would be to the advantage of the music industry. Don't bother going after the site, just go after all the links to illegal music that they have ever so nicely collected for you.

    kiwi

  35. I'm sorry, I cannot resist by Ohreally_factor · · Score: 0, Funny

    making fun of you.

    " If you intend to stand at the corner of a school and get kids to buy crack by telling them to go to the store then it is illegal."

    Uh, yeah, the CRACK STORE. That's where I buy all my crack. When I feel like some heroin, I go to the HEROIN STORE.

    "If you tell them where to go buy ice cream ral cheap and it just so happens that the place also sells crack then it is not. Or at least that is what the founding fathers meant - which we have drifted quite a bit in the last 50 or so years from that."

    I must have been asleep in civics class when the covered how Ice Cream fits into the Bill of Rights. Which amendment was that? The "right to bear double scoops" one, right?

    "It is clear that the site was linking to copyrighted MP3 websites for the purpose of downloading them."

    Is it clear? Wouldn't it be funny if you actually went to the site and found out it wasn't what you thought it was?

    "(and not being a lawyer only what I understand it to be in the US, which could be wrong)"

    At least you got that one right.

    OK, I'm being mean. But just as I shouldn't be suprised by ill conceived posts like yours, you shouldn't be suprised by someone making fun.

    --
    It's not offtopic, dumbass. It's orthogonal.
    1. Re:I'm sorry, I cannot resist by bm_luethke · · Score: 2, Funny

      Uh, yeah, the CRACK STORE. That's where I buy all my crack. When I feel like some heroin, I go to the HEROIN STORE.

      You may want to read up on logic as this is what is refered to as an ad-hominem attack. If I said "the street corner where they buy crack" vs "crack store" it doesn't make a difference.

      I must have been asleep in civics class when the covered how Ice Cream fits into the Bill of Rights. Which amendment was that? The "right to bear double scoops" one, right?

      I would suppose that the right to express where to purchase cheap ice cream would be covered by the first amendment. At the very least if it was made illegal to say where to purchase it, the first amendment would pretty much cover that. There is no right to express the cheapest places to purchase crack in an attempt to sell the controlled substance - hence intent is important.

      Is it clear? Wouldn't it be funny if you actually went to the site and found out it wasn't what you thought it was?

      Wouldn't it be funny if you had an actuall argument? So far we have seen that I didn't use the correct slang for the place to purchase crack, that there is no right to bear double scoops, and you think the article says something else. All of which has little to do with the central thesis that intent is supposed to be relevent in these types of cases (which was a direct repsonse to the parent post). And lastly you throw in some name calling without any substance (which is once more ad-hominem) to prove some point that you never express.

      The only way you could have made a more malformed argument is to accuse me of being wrong because I mispelled many words.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    2. Re:I'm sorry, I cannot resist by Ohreally_factor · · Score: 1

      You are mistaken. You wrongly assume that I was analyzing the argument in your post, when I was just lightly poking fun at you.

      However, to please you, I will destroy the central part of your argument, which is the false analogy of crack and MP3s. Crack is an illegal substance that is documented to hurt the individual user, those around him, and the community. Mp3s are not illegal, and whether they hurt the individual user, those around him, and the community in general is an opinion and not one backed up by any real facts.

      "Ahh," you say, "I'm not talking about just any Mp3s, but unathorized copies of MP3s." Unfortunately for you, your analogy breaks down further here. Possesion of crack is illegal. Possesion of an unauthorized MP3 is not illegal. Frankly, a better analogy would be comparing MP3 to stolen ice cream, but eben that is problematical.

      Now for your supplementary argument that "There is no right to express the cheapest places to purchase crack in an attempt to sell the controlled substance - hence intent is important." Firstly, you are factually wrong; it is legal to express the cheapest place to purchase crack. There is nothing to prevent me from telling you, if asked, to go down to the village square as that's where all the crack stores are. Secondly, even if your interpretation of the law were correct, you have failed to make a logical connection as to just how intent is "hence important".

      Basically, your argument is hyperbole. But to make you feel better, let me add some more ad hominem. Your hyperbolic argument is stupid, like you are. =)

      --
      It's not offtopic, dumbass. It's orthogonal.
    3. Re:I'm sorry, I cannot resist by bm_luethke · · Score: 1

      You are mistaken. You wrongly assume that I was analyzing the argument in your post, when I was just lightly poking fun at you.

      I understood this, it was just you were the first to reply and it was exceedingly stupid.

      However, to please you, I will destroy the central part of your argument, which is the false analogy of crack and MP3s. Crack is an illegal substance that is documented to hurt the individual user, those around him, and the community. Mp3s are not illegal, and whether they hurt the individual user, those around him, and the community in general is an opinion and not one backed up by any real facts.

      "Ahh," you say, "I'm not talking about just any Mp3s, but unathorized copies of MP3s." Unfortunately for you, your analogy breaks down further here. Possesion of crack is illegal. Possesion of an unauthorized MP3 is not illegal. Frankly, a better analogy would be comparing MP3 to stolen ice cream, but eben that is problematical.


      Except that possesion of a stolen item (ice cream not excluded) is illegal, in fact it is criminally illegal. Copyright violation isn't criminally illegal, but is civilly.

      Lets put it this way, would you go and tell the RIAA "Hey, i'm and live at and I have MP3's from music I never payed for!" No, you wouldn't, because the RIAA has the authority, should they choose, to sue you for comyright infringement and get punative damages from you - thus possesion is illegal. Fair use, which isn't written in law but is genereally accepted, doesn't cover downloading MP3's from someone else or copying from a friend.

      Telling someone to go do something illegal isn't legal, telling someone how to do something illegal is legal. Though there is a fine line between the two and it is mostly up to the judge or jury to decide which you are doing. An add agency can't run a billboard for the cheapest crack cocaine in town at 1313 mockingbird lane, and neither can you.

      Now for your supplementary argument that "There is no right to express the cheapest places to purchase crack in an attempt to sell the controlled substance - hence intent is important." Firstly, you are factually wrong; it is legal to express the cheapest place to purchase crack.

      If your intent is to sell me crack by doing that then it is illegal, people have been arrested for such a thing here. I do not know if it is a felony or misdemeanor (I would assume the latter).

      This is just like the cases a few years back where someone followed a books instructions on how to make silencers, kill people, and hide evidence. The book makers were not found criminally guilty. several were found civilly guilty and forced to pay restitution because it was obvious to the jury that the intent of the book was how to kill people, and thus illegal. The other books listed the same info but in an "informative" way, such as the quote you said above about purchasing crack, and thus were not liable - and therefore legal.

      --
      ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
  36. Re:Come to Europe!?! by Koos+Baster · · Score: 0

    Europe? mp3s4free.com's in Europe?

    Ah well.. Hereby Europe welcomes all yanks to its capital Australia (which also happens to be the largest city of both Sidney and Melbourne.)

    --
    The right to be heard does not include the right to be taken seriously

  37. Kazaa Lite and Google, anyone? by thre5her · · Score: 1
    Try searching for 'kazaa lite' on Google sometime. This little statement comes up near the bottom of the page:

    In response to a complaint we received under the Digital Millennium Copyright Act, we have removed 7 result(s) from this page. If you wish, you may read the DMCA complaint for these removed results.

    That's right, Google does self-police their content. They have to, if they want to remain a company.
    1. Re:Kazaa Lite and Google, anyone? by sir_cello · · Score: 1


      You seem to be asleep, how do you equate "you may read the DMCA complaint" with "does self-police their content" ? Doesn't that mean that someone else filed the complaint, and google acted in accordance with the DMCA provisions. That is not self-policing. Self-policing would be google somehow deciding _itself_ to screen out contents.

  38. Can you say... by Kindaian · · Score: 1, Funny

    Counter-sue? Press for indeminization...

  39. Australians can join Net Effect by Quizo69 · · Score: 1

    I posted last week about running for parliament on a technology based platform. Well, I've set up the first draft of the party website:

    http://www.users.on.net/grypen/politics/

    Please mirror the site if you can, there's a ZIP file (92K) on site for those who want to download it. You can bitch and moan all you like, or you can DO something about it. I plan to.

    Quizo69

  40. Yay for Oz by POds · · Score: 3, Insightful

    This does not appear to be supported by Australian law.

    And why should it be? Just because i know theres a drug dealer down the road and may direct the odd pot head to him. I dont think im breaking the law. Just helping someone feed their addiction.

    Immoral as it is, its not illegal.

    --


    Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
  41. Re:Come to Europe!?! by POds · · Score: 0

    Austrian, not Australian...

    --


    Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
  42. Re:Come to Europe!?! by anty · · Score: 0

    someone once said that war is just a way to teach yanks geography........

  43. Re:Come to Europe!?! by Anonymous Coward · · Score: 0

    I accept the link between the UK and Australia, but since when has England accepted it is part of Europe?

    Bwah. Europe... that's SO continental! ;-)

  44. Hey Andy by annisette · · Score: 0

    lets leave the Fred's out of your analogy, it happens to be my name. Try Mr.X. I do not think a court record uses names to prove a point unless they have proof of their participation. I do want to express a little humor here but somewhere someone is thinking "I know a guy named Fred I wonder what he is doing. I better call the cops or spread dome rumors about him". Also, the police can pull you into any situation they want, any time, any where, take everyting you have and ruin your life over any situation they want, this is the power they have and the only thing preventing them from abusing this power is the Bill Of Rights and the first Ten Admendments.

    --
    I eat my grapes at room temperature, cuz the cold ones hurt my teeth
  45. Not legal if I hear it too by nurb432 · · Score: 1

    You cant sing or play it loud enough for me to hear it.. I dont have a license to listen to any of her music.

    You have in effect violated the 'unauthorized public performance' part of your agreement when you purchased the CD/Right to listen, or some such garbage.

    ( and of course insulted my ears. but that is a different issue )..

    --
    ---- Booth was a patriot ----
    1. Re:Not legal if I hear it too by Cyno01 · · Score: 1

      And cases like this are why i have the RIAAs anti piracy hotline programmed into my phone. I jokingly theaten to call it on my friends, but will call it when people blast shitty music out of their car windows.:p

      --
      "Sic Semper Tyrannosaurus Rex."
  46. Seems they already invaded. Site inaccessible. by JCCyC · · Score: 1

    Can't go to http://www.mp3s4free.net - I get a "Host not found" error. Is it just me?

    1. Re:Seems they already invaded. Site inaccessible. by c4ffeine · · Score: 1

      I dont thinkso, I can see it fine. It's slow,though.

      --
      "73% of quotes on the Internet are made up" -Ben Franklin
  47. Not long now by Cackmobile · · Score: 1

    Seeing John Howard is s*cking the cock of every big business in Oz all at once it won't be long now till linking is illegal. He made chipping playstations etc illegal.

    --
    -- Karma Karma Karma Karma, Karma Chameleon - Boy George
  48. Somwhere else in the world by MC68040 · · Score: 1

    In Sweden (Europe) around two years ago some man in his 20ies was actually charged and found guilty to direct linking to illegally hosted copyrighted music - ven though he never had anything to do with the files themselves. He got away pretty easy money and time wise but still it set an example here what is legal and what isn't.

    I coulden't find a story as it was a while ago, but I'm sure some Nordic reader here remembers it?

  49. Illegal does not equate to infringement by nonameisgood · · Score: 1

    The whole (possibly misguided) drug thing focuses on the fact that it is illegal to buy, possess or use - however, it is not technically ILLEGAL to copy copyrighted material (no jail time or fine for doing so) - it is only an INFRINGEMENT of the rights-holder's rights. It is a cause for civil action, and there is no real basis for seizure, especially without due process. It is not like the criminal courts could really get involved if it weren't for the questionable extensions like DMCA.

    --
    Faith is the very antithesis of reason, injudiciousness a critical component of spiritual devotion. Jon Krakauer
  50. Re:Come to Europe!?! by Carmelia · · Score: 1

    but since when has England accepted it is part of Europe

    It *is* in Europe, just not in the european union.
    That's different.

  51. Re:They found NOTHING? Then they ARE guilty! by clifyt · · Score: 1

    Heh! Only when the dumbasses credit Cage with the composition or allude to a derivative work based on it.

    Yeah, this was a haw-haw post, but if you took a song I wrote and made it sound ANYWHERE near similar (even if just marginal) and then claimed I was a co-writer, I'd sue yer ass too (well, not until ya got famous though...don't want to shoot myself in the foot too soon).

    I have a friend that was involved in something similar. My company designs and publishes sound design works for synths and otherwise. My friend decided he'd make an accurate Prepared Piano -- another Cagian creation. Unfortunately, he designed it to the exact specifications of Cages notes and proceeded to tell everyone that this was what it was intended for and in the liner notes stated that if Cage were alive, he'd endorse it...but it was for creating your own works.

    His estate didn't like that and sued him. If he would have just left the descriptions as a more generic term and didn't reference this as THE definitive Cage Piano, then he would have been cool. I think the estate were assholes for doing it, but it was very clear noting their past actions what would happen, and thus he should have stayed away from that mine field altogether. I understand it from both ends, he was using Cage's works for his own profit, but he was also paying tribute to the man... :-)

    Doncha hate when someone takes a perfectly good joke post and posts something half serious along with it.

  52. Intent seems easy to circumvent by EriDay · · Score: 1

    What if their website had said something like:

    "We've found the following MP3s on other websites that we believe may infringe copyrights. Our repeated calls to the RIAA have gone unanswered. In an effort call attention to this problem, we have included links to aid the copyright holder in their enforcement efforts. Unless you are a representative of the RIAA, clicking the links may be a violation of local and international laws".

    This may to fix the MP3 problem, but not the $cientology problem.

  53. McCarthy by Anonym0us+Cow+Herd · · Score: 1

    You link to a friends page because you like him. Unbenonst to you, he links to infringing material. An over-zealous RIAA decides that the "only possible reason" for you to have linked to such a malcontent was that you must share his every view.

    Didn't we have this evil linking business before? If you merely know someone on the communist blacklist, then you are on the blacklist. Then recurse for those who know you.

    Are you now or have you ever been a pirate sympathizer? Do you share in their anti-corporate views? God bless America.

    --
    The price of freedom is eternal litigation.
  54. Internet thingy by Casualposter · · Score: 3, Funny

    Ahem. (Best revival preacher's voice)

    I think that it should be clear by now that the solution to the vast social problems of today is the internet. Where else do we have LINKS to Weapons of Mass Destruction? Where else to do we have nudity and violence galor? Were it not for the violation of our public decency caused by the intrusion of this vile satanic entity, the internet, we would be a peaceful people strong and secure in the bliss of ignorance.

    Ignorance of the sins of the internet. The porn. The violence. The pedophiles sitting at their glowing screens temping the virginity of the children. Think of the children and the unlimited amount of smut, porn, nudity, violence, and crime that they are exposed to every single moment they are on the internet. The internet is everywhere. In your schools, in your homes, in cafes and parks, and in every businessplace in the world.

    Yes, friends, we must petition our legislators to outlaw this vile corruption that has been visited upon us by the very forces of Hades; whose sole purpose is to consume the souls of our children and turn this blissfully ignorant world into a Hell on Earth.

    I tell you now, brothers and sisters, that the root of all evil is money. And the internet's most profitable businesses are crimes against humanity: the violation of women and children who are hapless porn victims, the teenagers temped to steal billions from poor, starving musicians because that theft is merely a mouse click away. Click. Click. Click. Another poor musician starves to death.

    We must empower the magnificent defenders of our blissful ignorance to protect us from these might forces of iniquity. The RIAA, The MPAA, our brothers in congress--yes children, you know the ones who share the views of our defenders; those tireless public servants who like the dearly departed Mr Sonny Bono-author of the copyright extension act that prevents Mickey Mouse from being turned into a vile star of pornography, crafted the DMCA, the COPA, and other valiant legislation. But we must have more. We must have an end to this internet thingy. Now. Before it is too late for our children.

    Thank you and good night. Please donate heavily to our cause to protect our precious children.

    --
    Creative Spelling Copyright (2002). May use without Persimmons
  55. They went down... by herrvinny · · Score: 1

    mp3s4free.net is down. Guess the dark side won...

  56. How are links different from citations? by dpbsmith · · Score: 5, Insightful

    I don't get it.

    Am I infringing copyright if I say "Leopold Stokowski and Mickey Mouse shake hands in Walt Disney's Fantasia?"

    Am I committing an indecency if I say "Grove Press created a sensation when they published Henry Miller's Tropic of Cancer?"

    Am I committing a terrorist act if I say "Nuclear weapons information which the government, in the eighties, claimed was classified, appears in the Encyclopedia Americana?"

    I don't think so.

  57. WHAT ARE YOU TALKING ABOUT? by Anonymous Coward · · Score: 0

    Sorry... Maybe I'm just bitter because I submitted an article with good links to active, true material and it never got posted because I'm not one of "the usuals," but I checked out this mp3s4free.com site and the only links to mp3s there are sponsored by the artist. Where's the beef? I don't understand how such a farce can get "slashdotted." Even if there were once links to a real list of mp3s on the site, they're long gone now. I guess whatever this "raid" was supposed to accomplish worked in the long run-- so the only topic left to discuss is how easily site hosts can be cowed to submit to perceived authority with idle threats. Whether they found anything or not is beside the point-- one of the following is true: (1) the raid worked and the site no longer hosts mp3s without artist permission, or (2) the story is bogus.

    1. Re:WHAT ARE YOU TALKING ABOUT? by Anonymous Coward · · Score: 0

      The problem was links to sites with legal mp3s, not actual mp3 files. Settle down. I didn't find any links, either, so it's old news like you suggest, but there were never full mp3 files except the ones the artists sponsor there.

  58. History: Links to Organized Crime by Ungrounded+Lightning · · Score: 1

    Well, the phrase having links to terrorist organisations keeps popping up as a vague but severely incriminating description in the media.

    A few decades back, "having links to organized crime" was used, much more often, as a similar undisprovable slam by both the media and government.

    In the Xanadu archetecture links were first-class objects, like documents rather than text IN documents, and could be authored in isolation.

    And it seemed like every time some A-hole politician or reporter would slam someone as "linked to organized crime", one of us would say something like: "[A-hole] is linked to organized crime, and I can prove it. I just made the link myself."

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  59. Founding Fathers by Ungrounded+Lightning · · Score: 1

    I always understood it to be more the lines of intent. If you intend to stand at the corner of a school and get kids to buy crack by telling them to go to the store then it is illegal. If you tell them where to go buy ice cream ral cheap and it just so happens that the place also sells crack then it is not. Or at least that is what the founding fathers meant - which we have drifted quite a bit in the last 50 or so years from that.

    Given that Jefferson and Washington exchanged letters on cultivation techniques for increasing a hemp crop's potency as a drug (at the expense of its usefulness for rope and paper), and Franklin wrote and published pornography (and acknowledged fathering several dozen children on women to whom he wasn't married), I strongly suspect they didn't intend the new "limited" federal government to have drug wars or smut wars in the first place.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  60. Re:Come to Europe!?! by mhifoe · · Score: 1

    The UK has been a member of the European Union since 1973.

    Recent arguments are with regard to the single European Currency and the forthcoming European constitution, not EU membership.

  61. Re:Hey they RIAA website is up again.... by Digital11 · · Score: 1

    Man, trying to use a windows box to ping-flood is like trying to run the 40 with a peg-leg.

    If you really want to bring the riaa's site down just use your l33t hax0ring sk1llz and ddos with a bunch of zombies.

    --
    I am a leaf on the wind. Watch how I soar.
  62. Right, banning links ruins the web, RIAA are thugs by twitter · · Score: 2, Insightful
    If linking to "copyrighted" material is outlawed, the whole web becomes illegal. Everything on the web is a link and the maker of a page can not be responsible for what's at the end of that link. If someone tells me Bob has a nice music collection, I might point to Bob's music collection. I have no idea that Bob has copyrighted material on his site and I'm not about to sift through all 100,000 of his MP3s and compare them to a RIAA catalog. The RIAA has a duty to send Bob a cease and dissist order on behalf of the publishers the RIAA represents. My link was made in good faith. The bad logic of "illegal linking" outlaws my page and any page that links to mine as well.

    Others have written infamatory posts about sending people next door to a hitman. Links are nothing like murder and the person making the link has no idea what the person next door really has in his house. The situation is more like fining the phone company for listing a hitman's telephone number. Copying files hurts no one and associating that act with murder is only done to wip people up into a frenzy to do real harm.

    The music industry really does hurt people. They really wants to RAID YOUR HOUSE AND PUT YOU IN JAIL. That's physical harm. In this case the search order was for obtaining a copy of the website. How stupid is that? They turned a man's house upside down to obtain something they could have gotten without leaving their offieces. They wanted to put him and his friends in jail and they are going to ruin him finacially as they try to put him there. That's real harm. The music industry has been composed of thugs since Gilbert and Sullivan got publishing your own notes to someone else's song outlawed and their thugs swept London breaking presses and legs.

    --

    Friends don't help friends install M$ junk.

  63. what intent? by twitter · · Score: 1
    You claim that www.mp3s4free.net operated under bad intent. Do you have anything to back that up? Can you prove to me that they knew they were linking to copyrighted material? I doubt it.

    I can equally malign the music industry in this case. First, the search warrent was for content they could have gotten without a raid at all: a website and logs. Instead of just downloading the site, the wrecked a man's house and a place of business. Second, I can speciously claim that all of the copyright violation sites were constructed by the music industry themselves to break a competitor with false accusations. My specious argument has as much weight as yours, more when you consider the thugish nature of the music industry.

    --

    Friends don't help friends install M$ junk.

  64. Jerk that knee, boy by Anonymous Coward · · Score: 0

    I bet you haven't got the foggiest clue what the Patriot Act actually does.

  65. AUSTRALIA? ISN"T THAT FULL OF CONVICTS ALREADY? by Anonymous Coward · · Score: 0



    AUSTRALIA? ISN"T THAT FULL OF CONVICTS ALREADY? What do they think will happen if they make shower butt fucks illegal? Nothing. NEW SOUTH ARKANSAS has made it perfectly clear that this sort of legislation is not going to be tolerated.

  66. TASTES GOOD? DOES IT Re:Oh Good God by Anonymous Coward · · Score: 0



    AL GORE only claimed to have his dick in your mouth. IT IS YOU WHO ARE SUCKING.

  67. Re:Hey they RIAA website is up again.... by Anonymous Coward · · Score: 0

    There are at least three different versions of ping, with different switch letters for the same options and vice versa.

  68. Actually no by Nf1nk · · Score: 1

    If you smack yourself silly with a frying pan or cut yourself with a knife (you own one of those too I assume), and some govermental agent is aware of this action, You will be hauled off as being suicidal and locked up for a couple of weeks untill you no longer are a "threat to yourself or others". so this would lend credence to the "Govt. owns your butt theory" and they would prefer you not damage it.

    --
    I used to have a cool sig, back when I cared
  69. I call BS on this one by royalblue_tom · · Score: 1

    Ah, the "If you don't like it, leave." argument.

    I find it particularly ironic that you used it in this thread, where the question is whether you or the government own your body. This is especially apt with regards to emigrating to another country.

    Nominally, there are no laws preventing you from going to another country. IN THIS COUNTRY. But every other possible country you could enter has laws regarding you becoming a permanent resident. So you would have to come back, whether you like it or not.

    So to "remove" yourself, you would have to kill yourself - is it your body to kill? Isn't (bizarely and ridiculously) attempted suicide a crime too (don't fail)?

    I love the way "give us your tired, your poor, your huddled masses" has become "if you don't like it, F$%% off!".

  70. interuption of business by Anonymous Coward · · Score: 1, Insightful

    Is it possible that *if* the site is found to be clean of any infringement material that they can counter sue for damages made by taking their site down? I think it would be great to give them a taste of their own medicine...

    As for the whole drugs thing... Get a Life! That is an abismal analogy, and you simply come accross as an old FUD'dy dudy. Many thing that are illegal in the US are perfectly legal in the Netherlands. Likewise, things legal in the US are illegal in places like Saudi.

  71. W3C: They have all the fault. by GNUALMAFUERTE · · Score: 1

    They are the ones who putted that tag from the deamon ... (i am afraid my post will get censored with this words ...) ..

    O god what an evil tool created on purpose to help infringe the IP of this pooor workers of the suit bullshit bussiness!!!!

    I think we should eliminate this from WYSIWYG editors, if there are no links, then there is no more IP infringment!!! and the world will be a better place to buy 20 bucks CDs!!!!

    So contact your WYSIWYG HTML editor developer and ask him to remove that 'link' button from hell!!!

    --
    WTF am I doing replying to an AC at 5 A.M on a Friday night?
  72. Folks... by Anonymous Coward · · Score: 0

    This should be modded as funny. its funny. see? ha ha. Funny. Get it?

  73. Screw the RIAA and just boycott recorded music by spinel · · Score: 0

    Sure you could only promote free music but why not go all the way and boycott all recorded music and hurt RIAA where it counts. Make them stop pirating music before you buy another CD.

  74. Numerous wrongfull death suits... by penguinbrat · · Score: 1

    Granted IANAL, but think about this... These big companies (DirectTV,RIAA,SCO,etc..) are using (and in my opinioin abusing) the civil courts to twist the law in their favor, right or wrong - they go after the small companies and individuals, who simply have (and very possibly innocent) ties (using/linking) to organizations that apparently are illegal. In reality, in seems to me that while abusing the law to get there way (and they are) - they are also setting precidant, to where "there" relationship, no matter how small or innocent, with some organization out there that infact in someway physicallys harms others, that they are also guilty of support and facilitating this. Just as these sites that link to the pirates sites, and 9 year olds downloading MP3's that didnt know any better. For example: They are going after sites, that are doing nothing more that linking (the relationship) to other sites that seem to be homes for evil pirates (and ofcourse terrorists). Well, they very much support (much more than a mere link in correlation) these numerous rap artists that talk/sing about killing others and cops - A creative and ballzy attorney out there could use the very same precidents that they them selves set, against them and practically put them out of business - IE: numerous wrongfull death suits...

  75. Self-harm? by phorm · · Score: 1

    Indeed, who gets to choose what equates harm. For many lighter things, most people would equate it to a pleasant experience. I have a pierced ear, should that have been illegal, since in most cases the basic concept of perforating one's body could be considered "damage" or "harm."

    Hell... judging from past experience eating bean burritos with a few glasses of beer should be harmful... the aftereffects are much less pleasant than many other things

  76. seems rather void of logic by Anonymous Coward · · Score: 0

    Drugs, at least in the USA, are illegal. If I provide a link to a coffeeshop in Holland where you can buy cannabis, this would make my link illegal and myself liable for aiding the procurement of drugs?!

    My dear sir, if one would go that way, then the internet itself should be closed down.

    And why stop at links in cyberspace? Why not go after referrals by 'standard' media, such as newspapers? If they give a description of where and how one can find weapons/drugs/etc. illegally, why, that makes the article illegal too!

    Making bombs is illegal...then why not make pages illegal that show how to make it, and links to it, or even speech that deals with making bombs, or speech itself, even!

    In fact, if we put EVERYONE in jail, imagine how safe society would be: no more crimes whatsoever!

  77. Well, if Google can't find WMD's... by Anonymous Coward · · Score: 0

    ...I don't think that anyone will.

  78. That's the last straw! by tbond_trader · · Score: 1

    Now they're raiding houses? This guy's life is ruined because of they're overzealous attitude. They are going way too far. I swear from this day forward, I will never buy a music CD again, nor will I recommend any music CDs and will advise all my friends to do the same. Until I hear that sanity has returned to these Mofos, I'm going to exercise my right not to give them any money, unless that's against the law as well!!

  79. Sue Verisign while you're at it by Anonymous Coward · · Score: 0

    By that same logic, since www.mp3s4free.net converts to the site's IP address you should sue the registrar.

  80. This could have been all avoided! by Anonymous Coward · · Score: 0

    You mean he didn't sign his amnesty agreement?!

  81. This isn't the only explanation by Anonymous Coward · · Score: 0

    You have a certain right to life simply in virtue of being a human person. This is not thoroughly a legal right. Instead, it is part of that on which all modern legal rights are founded. It is not religious; it is human.

    This right can not be taken from you. You can not waive or transfer it. As a reasonably well-off, generally normal, rational person, that you wish to end your own life is itself sufficient evidence that you are incompetent to make the decision to end your own life.

    The state does not own your body, or any part of you.

    Yet, the state does has an interest in protecting life, and furthering the well-being of its citizens. It has such an interest because it is the charge of those who have so established it that it should fulfill this duty of one man to another; the unalienable right to be let to live.

    Were you to end your life in the manner suggested, you would have violated this right of yourself. No rational human person may do this.

  82. why? because legal system sucks by t_allardyce · · Score: 1

    The whole legal system around the world is dominated by money and the big money holders (i.e corporations) can just stamp on everyone else.

    If an expensive (i.e better) lawyer is more likely to win a case, something is wrong. If you can use money to persuede politicians to implement your policies over other peoples then something is wrong. Both these statements seem to be true (anyone disagree?) and this isnt the sort of problem you say "oh thats the way it is, thats life to" its the sort of problem you say "OMG jesus F christ you mean its like that??? quick call CNN call the police! lock the doors" to, or the way there would be public out cry if some companys kids toy had sharp razor blades and aspestos in it. But no, even tho the entire system is totally screwed no-one seems to care, am i missing something?

    --
    This comment does not represent the views or opinions of the user.
  83. Bad Analogy! No Bsicuit! by virg_mattes · · Score: 1

    The failure here is obvious. Person A takes car, dealer can't sell it to person B. Person A takes MP3, dealer can sell it to person B. Whether it's right or wrong, it's not proper to compare real life goods to intellectual property.

    Virg

  84. crime, intent, or not a crime by sylvandb · · Score: 1

    That's because the laws are written with the grand-fuzzy of 'intent' built into them. The problem isn't intent, the problem is that the laws are so vague that intent matters.

    ...we cannot infer intent. We must judge the potential criminal only on their actions.

    "potential criminal" meaning one who is accused but not yet convicted? The problem is, intent really matters. If one is accused of killing another, should the punishment be the same

    if the victim ran out in traffic on the freeway or

    if the killer was drunk and crashed into the sleeping victim's bedroom or

    if the killer chased down the victim until finally able to make the kill?

    Of course not. Intent matters.

    In this case however, no harm was done by providing a link. The harm, if any, was done by the parties providing and/or downloading copyrighted works without owning the copyright.

    sdb
  85. Re:Bad Analogy! No Bsicuit! by mmortal03 · · Score: 1

    I understand the flaw in that analogy, but consider that it is only in the ease of mass-production where "intellectual property" differs from "real life goods". The amount of mp3s able to be produced per year is, for comparisons sake, unlimited. The amount of cars able to be produced per year is still limited. Hypothetically, if it got to the point where it was possible to mass produce cars as easily as it is mp3s, cars would become an intellectual property of sorts, and I guess we would be sitting here arguing about the illegal copying of copyrighted cars. My analogy is only there to compare the morality of it, and so "whether it is right or wrong" is what I was trying to get at. Yes, it is hard to create a valid analogy in this situation, but regardless, I still think that just because one wouldn't ever buy something (whether it may be because he just can't afford it or for some other reason), does NOT mean that he should be allowed to have it anyway.

  86. That doesn't work by spoco2 · · Score: 1

    That would be the same as me saying: "You know, my website is hosted by the same hosting company as some completely unrelated site that may be holding some illegal MP3s, I'll turn myself in for... um... what exactly?"

    You've gone to far in the analogy and it's fallen over.

  87. 192.168.100.1 by evilty · · Score: 1

    yeah mine too, wtf? is my isp blocking the site?
    is the site down or forced off the net by linking the domain to 192.168.100.1?

    1. Re:192.168.100.1 by evilty · · Score: 1

      the main page is slashdotted apparently, the google cache of www.mp3s4free.net dosn't quite work, but the cache of one of the sub pages shows what the site was like

      http://216.239.37.104/search?q=cache:9yBXW4xY7EA J: www.mp3s4free.net/terms.shtml+%22mp3s4free.net%22& hl=en&start=2&ie=UTF-8

      is a link.

  88. What happened to mp3s4free.net??? by evilty · · Score: 1

    the page is slashdotted apparently, the google cache of www.mp3s4free.net dosn't quite work, but the cache of one of the sub pages shows what the site was like

    http://216.239.37.104/search?q=cache:9yBXW4xY7EA J: www.mp3s4free.net/terms.shtml+%22mp3s4free.net%22& hl=en&start=2&ie=UTF-8

    is a link.

  89. Re:Hey they RIAA website is up again.... by herrvinny · · Score: 1

    Windows XP shows:

    C:\>ping

    Usage: ping [-t] [-a] [-n count] [-l size] [-f] [-i TTL] [-v TOS]
    [-r count] [-s count] [[-j host-list] | [-k host-list]]
    [-w timeout] target_name

    Options:
    -t Ping the specified host until stopped.
    To see statistics and continue - type Control-Break;
    To stop - type Control-C.
    -a Resolve addresses to hostnames.
    -n count Number of echo requests to send.
    -l size Send buffer size.
    -f Set Don't Fragment flag in packet.
    -i TTL Time To Live.
    -v TOS Type Of Service.
    -r count Record route for count hops.
    -s count Timestamp for count hops.
    -j host-list Loose source route along host-list.
    -k host-list Strict source route along host-list.
    -w timeout Timeout in milliseconds to wait for each reply.

    C:\>

    I suppose your flood ping capability is on Linux. Too bad. Anyone have a Windows program that would do the same?

  90. A Legal Question by GnarlyNome · · Score: 1

    If the Agents for the Music Industury raid my office being that they are NOT law enforcement officers can I shoot them for tresspassing?

    --
    Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
    1. Re:A Legal Question by t_allardyce · · Score: 1

      Not only can you shoot them, its your duty to shoot them and prevent them from attacking someone else, so do your duty for you country and shoot RIAA members on sight!

      --
      This comment does not represent the views or opinions of the user.
  91. Obligatory Star Trek IV quote by AllenChristopher · · Score: 1

    I guess I should have added that.