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Kazaa Offices Raided

rj writes "ZDNet Australia is reporting the Music Industry Piracy Investigations (MIPI) this morning raided the offices of Kazaa owners, Sharman Networks, along with P2P company Brilliant Digital Entertainment, and the homes of key executives. Background on prosecution of copyright music in Australia over P2P is also available."

787 comments

  1. Huh. by gilrain · · Score: 1, Interesting

    Can they do that?

    1. Re:Huh. by Jeremiah+Cornelius · · Score: 5, Insightful

      Well, who's going to stop Billionares with cops?

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    2. Re:Huh. by LinuxXPHybrid · · Score: 1

      > Can they do that?

      Well, I suppose they can, that's why they did it, right? It is rather outrageous, but that's probably why something like this took place in Australia not in US. I'm sure they can do that in US as well, but it involves certain risk(human rights, privacy issues, etc. etc.)

      > Well, who's going to stop Billionaires with cops?

      Great question. You cannot win against all the money in the world.

    3. Re:Huh. by mattjb0010 · · Score: 1

      Or billionaires with SCO IP for that matter ;)

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

      I don't know, coast guard?!

    5. Re:Huh. by BDyess · · Score: 5, Interesting

      The article says they used "an Anton Pilar order - which allows a copyright holder to enter a premises to search for and seize material that breaches copyright without alerting the target through court proceedings".

      Let's say they find signed confessions by each of the execs, saying they formed the company for the express purpose of allowing other people to breach copyrights. These confessions do not, themselves, breach any copyright laws. They would in fact be copyrighted by the execs themselves. Could those confessions be seized and used in court, under the Anton Pilar law?

      IANAL, but this seems like an abuse of an unrelated law to get law enforcement powers for free. I believe this was already tried by their US cousins.

      --Bill

    6. Re:Huh. by Groote+Ka · · Score: 5, Interesting
      Apparently, they can do this.

      However, the article says that the "Anton pilar order" is there to enter a premises to seize material that infringes copyright.

      I don't think the police will find any material that infringes copyright in the Australian office of Sharman. I looks more like a fishing expedition and, most likely, a way to annoy Sharman. Pityfull people...

      But hey, Australia has said before they would copy US patent policy when the US would ask them to do so (US did, so Australia did what was aksed), as the US is the most important trade partner for Australia. The same might apply here.

      Background info:
      In Belgium and France, it's possible to enter premises as well to look for patent infringement, but the party who initiates the proceedings is *not* allowed to enter the premises! Only a bailiff and often an independent expert (patent attorney to neither party) and sometimes a police officer (called Saisie Contrefac,on). Could this be a deriverative of that?

    7. Re:Huh. by Anonymous Coward · · Score: 0

      I hope there were actual police accompanying them because if someone tried to enter my home without being escorted by the police, I'd shoot em.

    8. Re:Huh. by Anonymous Coward · · Score: 1, Insightful

      "the US is the most important trade partner for Australia"

      Funny, I don't remember buying any kangaroos lately. Just what exactly does Australia export to the US? Personally, if I were Australian, I'd start asking the government in my best "you don't get reelected until I get some answers" tone just what exactly compels them to kiss John Ashcroft's ass.

    9. Re:Huh. by ichimunki · · Score: 5, Interesting

      A quick Google search seems to indicate that this Anton Pillar Order thing started in the UK, and has spread to at least Canada, Australia, Israel, and Trinidad & Tobago. These orders do, in fact, allow private citizens to enter another private citizen's domain (I have not yet determined whether there is any law enforcement oversight to guarantee that evidentiary chains are followed and that the scope of the order is not exceeded).

      Note that an Anton Pillar Order is a court order, so this is not just at the searcher's whim. However, prior to having one's premises searched, there is no opportunity for the searchee to lodge any sort of counter-claim, since their foreknowledge of the search is not required.

      Even the Howard Bermans and Fritz Hollingses of the United States haven't proposed laws this off-kilter. One wonders whether this type of law would pass "Due Process" scrutinity here-- obviously law enforcement doesn't need to notify the subject of an investigation or raid in advance. That's well-established. But do we have any precedent saying that a private citizen, even holding court order has the right to perform such an act pro se? Any lawyers, paralegals, or armchair legislators care to comment?

      --
      I do not have a signature
    10. Re:Huh. by qat · · Score: 1

      It's just not logical the way these people are going about collecting information. You make a great point. Maybe we should all go get a lawyer and harass (whoever is in charge of this bullshit?).

      --
      Pls No Negative Modding!
    11. Re:Huh. by Anonymous Coward · · Score: 0

      oh get over yourself

    12. Re:Huh. by Kick+the+Donkey · · Score: 2, Interesting

      I can't imagine any civilized western society having a law such as that (I beileive you, it just confounds the mind). How did we get to this point?

      --
      /. is a bunch of nerds at a million typewriters. It's not a political conspiracy determined to undermine your beliefs.
    13. Re:Huh. by godzilla808 · · Score: 5, Insightful
      >Well, who's going to stop Billionares with cops?

      How about the people who make the billionares? If people would only stop buying music!

      --
      ...///...
    14. Re:Huh. by Anonymous Coward · · Score: 0

      I did not say Australia is the most important trade partner for the US...

    15. Re:Huh. by Oliver+Wendell+Jones · · Score: 5, Funny

      Here's how it would go down at my house:

      {knock knock} {sound of door being bashed open} Hullo? I have an Anton Pillar order thingie and I'm here to sieze stuff...

      {Blam, Blam, Blam}

      Really? I have a variety of legal firearms all protected by the 2nd Ammendment and the right to protect my home and property. Now what was that about some sort of legal order?

      --
      A computer once beat me at chess, but it was no match for me at kick boxing -- Emo Phillips
    16. Re:Huh. by Casualposter · · Score: 1

      Wine, bottles and bottles of wine. Good stuff too, some of it anyway.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    17. Re:Huh. by Anonymous Coward · · Score: 0
      The problem is with this huge networks. Bring back the days of the local BBS. An interesting article on the glory days of the BBS is here: Bring back the BBS


      Those communities are harder to penetrate, and are much more diverse than a few large group sharing networks. What do you think?

    18. Re:Huh. by Anonymous Coward · · Score: 1, Insightful

      one motivated marine and his rifle

    19. Re:Huh. by Jeremiah+Cornelius · · Score: 2, Insightful
      Yeah, baby! Vote with your dollars!

      I see you've bought yer DVDs and movie tickets...

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    20. Re:Huh. by goodbye_kitty · · Score: 1

      I'm sure they can do that in US as well, but it involves certain risk(human rights, privacy issues, etc. etc.)

      You are of course aware that Australia is not a central African republic, right?

    21. Re:Huh. by goodbye_kitty · · Score: 1

      I think this is a natural evolutionary step that will occur if and when the big file-sharing networks go down. It probably treads the middle ground between two extremes, i.e. at least one person in your community needs to have access to a certain cd, game or movie, which would likely mean buying it. And i think its pretty much the same as we did in the old days, e.g. borrowing CDs from friends and dubbing them to a cassette (remember those?).

    22. Re:Huh. by Anonymous Coward · · Score: 0

      Anton Pilar orders sound great, just what SCO need.

      Imagine you're a company (like KaZzA) and you're producing revolutionary p2p code.. you break no copyright law, but still you get raided, ala Anton Pilar.. your 'copyrighted' 'patented' p2p code is VIEWED by the MIPI which then uses that knownledge to undermine and destroy your businesses based around this new technology.

      Further more, the ISP you own is raided, but the intrusive raid finds nothing. Your business suffers, as fearful customers choose different providers in the highly competitive industry.

      Both situations cannot be provented by those who ensure the raiders do not go beyond the scope of the order. Once secrets are known, and images tarnished, how does one recover? Is this Justice?!?

    23. Re:Huh. by hellraizr · · Score: 1

      involves a certain risk!? ya a knife in his hand and a .45 in mine (or atleast thats what the cops will hear). Here in america we normally don't take shit like that. you come into my house you better be prepared to show me a badge or defend your self. thats one damn effective way to get shot.

    24. Re:Huh. by RickL · · Score: 1

      Besides the risk of public backlash, could using an Anton Pilar order open up the posibility of having it used against you?

      For example, if I were raided with such an order, and in the course of seizing infringing material and evidence, the raiders took or copied some of my copyrighted material--by mistake or for evidence--would I have the right to Anton Pilar them back?

      It's petty, but if does send the message that you'll fight back.

    25. Re:Huh. by Anonymous Coward · · Score: 0

      I'm sure its only a couple of years off. We have this great Bill of Rights with lines about Illegal Search and Seizures, but its not like the government is paying a lot of attention to it lately.

    26. Re:Huh. by mateomiguel · · Score: 1

      This occurred in Australia, where people don't have the right to bear arms. In fact, nobody has guns in Australia at all, except for cops. So Sayeth My Australian Buddies.

    27. Re:Huh. by Anonymous Coward · · Score: 0

      Use better lawyers who can bribe politicians and twist the courts more effectively.
      Oops, doesn't work, does it. The billionaires can afford better government representation.

      Solution
      Fix the government then go to town bagging your quota of the corrupt, selfish and other slimy types.

      No, I'm not a Marxist

    28. Re:Huh. by Xeleema · · Score: 2, Insightful

      Mod Up!

      Wanted: One Motivated Marine. Must provide Rifle. Other Expenses covered. Includes one-way ticket to Utah.

      ~~~~~
      HARTMAN: Do any of you people know who Charles Whitman was? No response.

      HARTMAN: None of you dumbasses knows?

      COWBOY raises his hand.

      HARTMAN: Private Cowboy?

      COWBOY: Sir, he was that guy who shot all those people from that tower in Austin, Texas, sir!

      HARTMAN: That's affirmative. Charles Whitman killed twenty people from a twenty-eight-story observation tower at the University of Texas from distances up to four hundred yards.

      HARTMAN: looks around.

      HARTMAN: Anybody know who Lee Harvey Oswald was? Almost everybody raises his hand.

      HARTMAN: Private Snowball?

      SNOWBALL: Sir, he shot Kennedy, sir!

      HARTMAN: That's right, and do you know how far away he was?

      SNOWBALL: Sir, it was pretty far! From that book suppository building, sir!

      The recruits laugh at "suppository."

      HARTMAN: All right, knock it off! Two hundred and fifty feet! He was two hundred and fifty feet away and shooting at a moving target. Oswald got off three rounds with an old Italian bolt action rifle in only six seconds and scored two hits, including a head shot! Do any of you people know where these individuals learned to shoot?

      JOKER raises his hand.

      HARTMAN: Private Joker?

      JOKER: Sir, in the Marines, sir!

      HARTMAN: In the Marines! Outstanding! Those individuals showed what one motivated marine and his rifle can do! And before you ladies leave my island, you will be able to do the same thing!

      ~~~~~
      http://www.short-timers.com/fmj.html

      --
      "When I am king, you will be first against the wall..."
    29. Re:Huh. by vryhpyammoadded · · Score: 1

      It's horrible to think a law allowing forcible entry by citizenry into another citizens dwelling or place of business without official law enforcement representation and without evidence of eminent danger can be allowed in any supposedly free and democratic nation.

      If confronted with this scenario and the visitors presented no valid credentials or confirmation from the police or courts then anything goes. How is a citizen to know the people at his door are truly represented by the law? Documents can be forged.

      The courts can decide if my riddling trespassers with bullets constitutes a breach of law if forcible entry is involved.

      I do belive bounty hunters and collection types can forcibly enter without direct legal presence. I might be wrong though.

      --
      27b-6
    30. Re:Huh. by Anonymous Coward · · Score: 0

      I'd shoot you, too.

    31. Re:Huh. by Anonymous Coward · · Score: 1, Insightful

      I remember saying the words "against all enemies foreign and domostic" once in my life. This is without a doubt a domestic enemy of the constitution, I fully plan to uphold that oath.

    32. Re:Huh. by i_r_sensitive · · Score: 1
      You don't have to stop buying music. You should stop buying it when the proceeds support organizations who you would rather not support!

      Nice to see someone cutting through to the meat of the issue here...

      By extension, the question becomes, should you support artists who allow their work to sustain such organizations?

      BTW, from personal experience, you don't really miss much. Any genre the major labels put out has an independent scene for. Do you really need these organizations to do your music vetting for you?

      At least there is no question of the message a boycott sends.

      --
      "Talk minus action equals nothing" - Joey Shithead, D.O.A.
      "Talk minus action equals /." -
    33. Re:Huh. by Anonymous Coward · · Score: 0

      Infantile

    34. Re:Huh. by Nykon · · Score: 1

      the question is... who is going to stand up to them, they have crossed the line too many times. I'm still upset there hasn't been more talk on capital hill about the DMCA being unconstituional, since it is a clear case of blanket legislation.

      --
      "It's better to be a pirate then join the Navy"
    35. Re:Huh. by Anonymous Coward · · Score: 0

      Yes; the RIAA has been accused of allowing its contractors to use modified versions of Kazaa to connect to the Kazaa network for the express purpose of disrupting it (arguably cyberterrorism), in clear contravention of the Kazaa EULA. Sharman have actually launched suit, or at least announced they were going to.

      I wonder... if Kazaa is a service, why doesn't it have a Terms of Service too?

    36. Re:Huh. by Wild+Wizard · · Score: 1

      Some Facts on the Anton Pillar Order.

    37. Re:Huh. by Bumbledum · · Score: 1

      Just to nitpick. The term "pro se" means to act as your own attorney. The term "pro persona" or to act for oneself seems more appropriate. Outside of that I agree with your analysis and find the whole thing deplorable on the part of the "copyright" holder in this case. Tuck Neilson

      --
      Keep on pondering, and suddenly the flower of mind will bloom with enlightenment, illuminating the whole universe.
    38. Re:Huh. by ichimunki · · Score: 1

      In Latin, "pro se" means "for self", "pro persona" means "for a person". Whether Legalese is consistent or accurate in its use of the Latin is another question.

      --
      I do not have a signature
    39. Re:Huh. by ichimunki · · Score: 1

      Fabulous link. Thank you. I had hoped for something along those lines.

      --
      I do not have a signature
    40. Re:Huh. by Bumbledum · · Score: 1

      Hey, no beef from me. In the courtrooms if you say you want to act "pro se" you are held to the standards of an attorney. If you say you want to act "pro persona" you are held to the standard of a lay or "common law" person and have more latitude when acting on your own. It's no big deal. I said I was nitpicking at the start. I agree, that not only legally, but medically and scientifically the "latin" gets mangled in it's use. Tuck

      --
      Keep on pondering, and suddenly the flower of mind will bloom with enlightenment, illuminating the whole universe.
  2. wait a second by Kyle+Hamilton · · Score: 2, Insightful

    I understand raiding the offices but the homes to? This smells a lot like the US patriot act

    --
    Linux is like living in a teepee. No Windows, no Gates, Apache in house.
    1. Re:wait a second by gangien · · Score: 1, Flamebait

      RTFA. It's in Queensland, actually if you'd RTFB(blurb) it says Australia. But don't let that jump to your conclusions. And I never saw anything in the patriot act that would allow something like this to happen.

    2. Re:wait a second by Anonymous Coward · · Score: 0

      u.s. patriot act? notice that the raid took place in australia, where the u.s. and the patriot act hold no jurisdiction.

    3. Re:wait a second by Anonymous Coward · · Score: 0

      Just because something smells like a certain something does not mean that it is that certain something, nor does it mean that it comes from the same place as that something.

    4. Re:wait a second by Anonymous Coward · · Score: 0

      you must all be stupid he never once says that it takes place in the us just that it feels like maybe just maybe the world is slowly shifting back to the right were for no reson what so ever goverments might just want to see whast in your car, then your house then god know waht else they might think of!

    5. Re:wait a second by Anonymous Coward · · Score: 0

      Your spelling smells like shit, loser.

    6. Re:wait a second by Anonymous Coward · · Score: 0

      You people are starting to sound like retarded parrots...

      *brwak* patriot act *brwak*
      *skreek* evil shrub *skreek*
      *bacaw* repuglicans *bacaw*

      Did it ever occur to you folks that Bush being the source of every evil from SCO to global warming is just slightly implausible?

      In short; please be slightly less stridently brain fscked in the future. Thanks

    7. Re:wait a second by Anonymous Coward · · Score: 0

      dolt ... everyone who makes a dumb assumption like that has never read the patriot act... its not a free reign to raid anybody the government feels like.

    8. Re:wait a second by Orion442 · · Score: 0

      retarded parrots that can SPELL!

    9. Re:wait a second by AKnightCowboy · · Score: 4, Funny
      I understand raiding the offices but the homes to? This smells a lot like the US patriot act

      In addition, hundreds of thousands of music files and terabytes worth of pirated DivX movies were confiscated on the RAID at the Sharman office. Kazaa is essentially shut down as there are no files available to be shared now that they're all in police custody. *rolls eyes*.

      What's the point of raiding the offices of a software company who just makes the P2P client? They're not committing the crime!

    10. Re:wait a second by Anonymous Coward · · Score: 0

      LOL
      Your retarded euphemism dictionary needs updating

      GOOGLE: repuglicians, rethuglicians, fscked
      et al.

      how do ya SPELL tard in your world?

    11. Re:wait a second by Orion442 · · Score: 0

      "Anonymous Coward"

    12. Re:wait a second by Anonymous Coward · · Score: 0

      [zombie voice] must be punished for having original thought... punish!!! punish!!!1! [/zombie voice]

      *giggle* Sorry, but you make quite the amusing picture. (Visions of a jack booted karma thug)

    13. Re:wait a second by Anonymous Coward · · Score: 0

      Go to the shops, and buy DVDs and CD instead of ripping them off, you stingy cunts

    14. Re:wait a second by Anonymous Coward · · Score: 0

      what are you on? the files are stored on distributed computers not on a central server...
      There are loads of files available.

    15. Re:wait a second by Anonymous Coward · · Score: 0

      Amazing how, when someone cannot think of an intelligent comment, they resort to insulting the original post's spelling and/or grammar, eh?

      (btw, the grammar was what I was having trouble wrapping my mind around. ;) )

    16. Re:wait a second by NormalVisual · · Score: 5, Funny

      Sarcasm, it's what's for dinner. Guess you missed the dinner bell.

      --
      Please stand clear of the doors, por favor mantenganse alejado de las puertas
    17. Re:wait a second by Bendebecker · · Score: 2, Insightful

      It would be like raiding the offices of Colt or Smith & Weson becuase gangs all use guns. What's next? Arresting Mr. Clean cause someone slipped on a recently mopped floor???

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    18. Re:wait a second by Isaac-Lew · · Score: 1
      What's next? Arresting Mr. Clean cause someone slipped on a recently mopped floor???

      No, they'd sue Mr. Clean, the mop company, the bucket company, the water utility & the company that made the floor.

    19. Re:wait a second by Hentai · · Score: 1

      Are these guys part of the government, or are they private citizens? If the latter, what authority do they have raiding ANYTHING?

      --
      -Hentai [in vita non pacem est]
    20. Re:wait a second by the+gnat · · Score: 1

      RTFA. They're like the RIAA, and Australia has a law that lets them do this. Boggles the mind, doesn't it?

  3. hah by Anonymous Coward · · Score: 0

    pity the servers are actually in another country where they have diddly squat juristiction :-)

    1. Re:hah by Jason1729 · · Score: 2, Insightful

      They don't need jurisdiction over the servers, just over the people using them.

      Jason
      ProfQuotes

  4. I don't like this by ObviousGuy · · Score: 1, Insightful

    Two wrongs don't make a right.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:I don't like this by Dr.+Shim · · Score: 1

      Legally, MIPI isn't doing anything wrong, right? I love how law is moral, no matter what it says!

      --
      People discover the meaning of life between getting piss drunk and the following hangover.
    2. Re:I don't like this by $tefan · · Score: 1
      >Two wrongs don't make a right
      ....but three lefts do!

      What's not right, must be either left or wrong.
      They thought that they surely can't be wrong, so they made 3 not right things (=aka lefts to them) to make it right again by raiding:

      1. Sherman networks
      2. Brilliant digital
      3. Executives' homes

        Now they are hoping for further steps:
      4. ???
      5. Profit!
    3. Re:I don't like this by kelnos · · Score: 1
      Two wrongs don't make a right.
      ah, the ever-present mindless repetition of one of the greatest fallacies of our time. how naive.
      --
      Xfce: Lighter than some, heavier than others. Just right.
  5. Raided them for what? by andih8u · · Score: 5, Insightful

    Did they think they had a slew of mp3s sitting around on cds in their homes? I know that raiding the offices and homes of execs is fairly common in accounting scandals and the like, but this seems a bit overkill.

    --


    slashdot, news for crazed liberal socialist zealots
    1. Re:Raided them for what? by Theresa1 · · Score: 5, Insightful

      I suspect that they didn't care what they found. The reason for the raid was probably intimidation.

      --
      This is a manual signature virus. Copy to your signiture file and help me spread.
    2. Re:Raided them for what? by cscx · · Score: 0, Offtopic

      Cocaine! The earmark of all rich white people!

    3. Re:Raided them for what? by wa5ter · · Score: 1


      Surely that would fall outside the remit of their investigation, and they would be unable to confiscate, or make any arrests based upon its discovery...?

    4. Re:Raided them for what? by Anonymous Coward · · Score: 0

      nah. If they find drugs, then they call the real cops, and the real cops get a search warrant and presto: They're fubar!

    5. Re:Raided them for what? by ericlp · · Score: 1

      "Just because you're paranoid, doesn't mean they're not after you" - Kurt Cobain I thought that was Joseph Heller? Didn't Kurt say something like: "Now where did I put that shotgun?"

    6. Re:Raided them for what? by shark72 · · Score: 1

      "Did they think they had a slew of mp3s sitting around on cds in their homes?"

      Actually, yeah, that's probably something that they're hoping to find. That's because it would smash Kazaa's "we think copyright infringement is deplorable and we don't want our network being used for it" stance.

      If the folks at Kazaa are smart, they're not partaking in all the unauthorized copyrighted content that's so readily available on their own network. We shall see.

      --
      Sitting in my day care, the art is decopainted.
    7. Re:Raided them for what? by Reality+Master+101 · · Score: 1

      No, they're looking for evidence (e.g., internal memos) of their intention to make it easy for people to steal music.

      --
      Sometimes it's best to just let stupid people be stupid.
    8. Re:Raided them for what? by Fjord · · Score: 1

      Because through evidence holding laws, they can take them out of business without them being guilty of anything. Just ask Steve Jackson.

      --
      -no broken link
  6. and the land of the free.... by Anonymous Coward · · Score: 0

    everybody sing along :)

  7. Legal? by s0rbix · · Score: 5, Interesting

    How is Kazaa to blame for the transfer of pirated media across its networks? Should we shutdown the alleys because people sell drugs there? Ridiculous. I hope the MIPI gets screwed in the courts for this one.

    1. Re:Legal? by Anonymous Coward · · Score: 2, Insightful

      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys.

      Do you really think that more than 1% of the traffic on Kazaa comes from legitimate sharing? The network operators could easily log the names of files that are being downloaded. They don't, because that information could be subpeonaed, and it would give clear indication that Kazaa is a copyrighted music/video swapping tool.

      Sure, there are some legitimate uses for file sharing, like swapping public domain files. But ask almost any college student what kazaa is, and they'll explain that it is for sharing music...

      It's a bit of a cop-out to say that the creators of a network of file sharing systems can't be responsible for its content. There is nothing stopping them from being responsible for the content - they could require shareable files to be hashed and verified before they could be shared.

    2. Re:Legal? by krymsin01 · · Score: 0

      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys I agree with your point that if 99% of all activity in alleys were illegal, we should close the alleys.

      It's a bit of a cop-out to say that the creators of a network of file sharing systems can't be responsible for its content. There is nothing stopping them from being responsible for the content - they could require shareable files to be hashed and verified before they could be shared. However, if you are saying that the creators of the filesharing networks are responsible, then the logical extension of your argument would be to say that the builders of the alleys should be held resposible for the actions of those who occupy their creations.

      Sorry, but that simply doesn't make sense.

      --
      stuff
    3. Re:Legal? by krymsin01 · · Score: 3, Insightful
      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys
      I agree with your point that if 99% of all activity in alleys were illegal, we should close the alleys.

      It's a bit of a cop-out to say that the creators of a network of file sharing systems can't be responsible for its content. There is nothing stopping them from being responsible for the content - they could require shareable files to be hashed and verified before they could be shared.
      However, if you are saying that the creators of the filesharing networks are responsible, then the logical extension of your argument would be to say that the builders of the alleys should be held resposible for the actions of those who occupy their creations.

      Sorry, but that simply doesn't make sense.

      (sorry, screwed the first post up. go ahead, mod it down.)
      --
      stuff
    4. Re:Legal? by TechnoWeeniePas · · Score: 5, Interesting

      Dont forget about the porn...Kazaa is great for sharing porn...not just music! Collage students and old people alike love porn!

    5. Re:Legal? by Anonymous Coward · · Score: 0

      So do the kids.

      and dogs.

    6. Re:Legal? by Anonymous Coward · · Score: 5, Interesting

      The creators of the file sharing networks knew EXACTLY what they were doing. If the alley manufacturer included special features like locked boxes that drug pushers could stand in and pass drugs and money back and forth through small slots, then yes, there is liability on the part of the alley manufacturer.

      Kazaa (or at least Kazaa Lite) removed the ability to see what files an individual user had shared primarily to make it more difficult to quantify how much of a violator someone was...

    7. Re:Legal? by pirhana · · Score: 5, Interesting

      >> Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys.

      Let me ask you something. If 98% of alleys were filled with drug, what would be your response? what if its still down to 50 or 40% ? Who set this limit ? Any technology is abused with varying degree. Even google is misused heavily. That doesn't mean that google should be shutdown. Any technology, if it has a legitimate use, should be allowed. The danger is that if Kazaa is shutdown because 99% of people use it for copyright infringment, tomorrow same logic would be applied for something with 90% copyright infringment and next day with something even lesser. So where will this end ? Last, this 99% crap itself is wrong. As far as I understand a substantial chunk of p2p network is used for porn sharing. So I dont think its anything even closer to 90%.

    8. Re:Legal? by Kirth · · Score: 5, Insightful

      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys.

      Well, I wouldn't approve, simply because it was a bad idea to outlaw drugs in the first place. Oulawing drugs created a whole new slew of secondary crimes and enough incentives for organized crime to move in.
      --

      --
      "The more prohibitions there are, The poorer the people will be" -- Lao Tse
    9. Re:Legal? by Anonymous Coward · · Score: 0

      The creators of the file sharing networks knew EXACTLY what they were doing.

      Ah, but therein is the rub, can you prove it? If you cannot, then it's just another alley.

    10. Re:Legal? by Jeehoba · · Score: 1

      Guess they are going to have to sue Al Gore since he invented the internet right? After all that would make it his internet.

    11. Re:Legal? by Anonymous Coward · · Score: 1, Insightful

      It makes perfect sense. You're just a moron. It's very simple.

      Beretta makes guns. A man buys a beretta. He shoots another person in the head with that gun, and pistol whips two other witnesses, breaking their nose and causing severe bleeding. The guy who got shot in the face dies, and the other two need major reconstructive surgery on their faces.

      DO WE HOLD BERETTA RESPONSIBLE FOR THE ACTIONS TAKEN WITH THEIR TOOL? NO. EVEN THOUGH WE KNOW THE ONLY USE FOR THE GUN IS TO TAKE THE LIFE OF A LIVING ENTITY!!!!

      Kazaa has legitimate uses. It is a fucking tool! The tool is not illegal, it is how the tool is used. Kazaa and any other developer or company should *not* be attacked for how other individuals use their product.

      You're a fucking idiot. There is absolutely no reason to 'raid' these peoples homes OR offices.

      As a side note, you can't shut down the alleys, nor can you shut down the trade of information. It cannot and will not be stopped. None of these laws mean anything. They aren't laws at all. The only true laws are laws of physics; they cannot be broken, as a result they are laws. All other 'laws' are simple guidelines.

    12. Re:Legal? by retards · · Score: 5, Insightful

      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys.

      Instead of making it useless for drug pushers to operate? Or making pushing legal? Seems to me it would be alot easier than outlawing alleys and forcing everybody that lives in the city to move to a country house.

      The same applies to P2P. Wouldn't it make more sense to redraft copyright law instead of trying to force people to submit to idiotic markets and ban technology?

      No? Well, tough shit, people are going to continue to live in cities and people are going to continue to steal content as long as it costs way too much.

      The music and movie industry has had 50 golden years to put away some money for a rainy day. If they were stupid enough to think that movie theaters, radio stations and music discs were an eternal cash-cow while using their profits to build castles in the sand, well... give them a Darwin Award.

      Don't make the rest of the population pay for bad economics and planning.

    13. Re:Legal? by chefren · · Score: 2, Insightful

      If you shut down the alleys the drug pushers would simply move somewher else. Like the mall. Shut down that and they move again and again and again..

    14. Re:Legal? by batura · · Score: 1

      Sorry, but you are liable if you build an alley and people sell drugs in it. Recent [draconian] legislation called the Marijuana Anti-Proliferation Act makes it your problem if someone deals on your property.

      Also, think of if someone breaks their neck on your front door step. You are very likely to be held liable for their stupidity,

    15. Re:Legal? by bagel2ooo · · Score: 2, Insightful

      What of usenet? Couldn't Kazaa proclaim to be a content carrier? There are a lot of venues where there is a good deal of bandwidth utilized for piracy and the (now very liberal definition of) breaching copyright material.

      --
      ( o ) one could say I'm rather baked
    16. Re:Legal? by krymsin01 · · Score: 1

      Good point. However, by builders I meant the people who created the alleys, not the owners of the property.

      It'd be like saying that if someone breaks their neck on your door step, they go and sue the architect.

      --
      stuff
    17. Re:Legal? by Anonymous Coward · · Score: 0

      Seriously, lay off the caffine troll. Also, perhaps you should look into treatment for your schitzophrenia.... The first half of your comment comes off sounding like it's the manufacturer's(data network provider's) fault, and the second half it comes off like it's the killer's (data user's) fault. Get a clue, fuckwit.

    18. Re:Legal? by pixitha · · Score: 1

      i think logging what is it like 14 Terrabytes of data would be a bit irritating also... i sure as hell wouldn't want to log all of that.. -pix

      --
      "an eye for an eye only makes the whole world blind"
    19. Re:Legal? by Alan+Cox · · Score: 5, Insightful

      If 99% of the use of alleys was drug dealing I'd expect the cops to be stamping it out so that the other 1% can enjoy their alleys legitimately not be raiding the offices of the town councils who own them.

      The motor car is used in huge numbers of crime getaways yet nobody sued Ford or suggests Ford fits cars with cameras that look for money bags and refuse to start the engine otherwise.

      Similarly the music industry should be looking for people who are actually breaking the law not harassing those providing tools with legitimate other uses.

    20. Re:Legal? by Nodatadj · · Score: 1

      If 99% of the use of alleys was drug dealing I'd expect the cops to be stamping it out so that the other 1% can enjoy their alleys legitimately not be raiding the offices of the town councils who own them.

      I tihnk we've just got a faulty analogy here.
      Although, if I 99% of alley use was for drug pushing, I'd definetly be bitching to the town council to do something about it.

      Police bust the owners of crack houses when really they're the innocent person whose house is simply being used for an illegal activity.

    21. Re:Legal? by Anonymous Coward · · Score: 0

      I'll wager more than 99% of the alleys feature public urination; which is a criminal offense with public health considerations, unlike music sharing. Further more, 100% of all roadways feature prominantly in studies of traffic accidents, infractions, and crimes. In the case of roadways, culminating in many tens of thousands of fatalities each year. Nearly everyone speeds most of the time, and most traffic laws are essentially unenforced relative to the frequency of their occurance.

      Care to give your hypocricy another go?

    22. Re:Legal? by Accipiter · · Score: 5, Insightful

      As far as I understand a substantial chunk of p2p network is used for porn sharing. So I dont think its anything even closer to 90%.

      Ah, so all porn is completely public domain, and not at all copyrighted?

      You can't seriously believe that.

      --

      -- Give him Head? Be a Beacon?
      (If you can't figure out how to E-Mail me, Don't. :P)

    23. Re:Legal? by FashionNugget · · Score: 2, Insightful

      >>Even google is misused heavily. That doesn't mean that google should be shutdown.

      How exactly is google misused?

    24. Re:Legal? by Anonymous Coward · · Score: 0

      if 99% percent of the people is doing something illegal, its not the people that is the problem ;)

    25. Re:Legal? by uglyduckling · · Score: 2, Interesting

      type copyrightedsong.mp3 into the box and click "Google Search"

    26. Re:Legal? by Jaysyn · · Score: 2, Interesting

      Yes, but apparently 10% is enough for a federal judge, see the Morpheous & Grokster case. I know we are talking about .Au, but they generally end up following our lead anyhow.

      Jaysyn

      --
      There is a war going on for your mind.
    27. Re:Legal? by mydigitalself · · Score: 2

      oh for fscks sake, you fool.
      alleys were not built for drug dealing. kazaa was built for media piracy, no matter what anyone else may claim. simple as that.

    28. Re:Legal? by unitron · · Score: 4, Funny
      "Collage students...love porn!"

      I just had a mental image of a mobile Alexander Calder would never have had publicly shown.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    29. Re:Legal? by Anonymous Coward · · Score: 0

      Ok, whomever rated THIS piece of shit as insightfull, prepare to feel the wrath of metamod.

    30. Re:Legal? by dinivin · · Score: 1

      DO WE HOLD BERETTA RESPONSIBLE FOR THE ACTIONS TAKEN WITH THEIR TOOL? NO. EVEN THOUGH WE KNOW THE ONLY USE FOR THE GUN IS TO TAKE THE LIFE OF A LIVING ENTITY!!!!

      That is not the only use. Guess you're a fucking idiot, too, huh?

      Dinivin

      Slashdot is now yelling at me for using too many caps, so I'm going to keep type till I can lower the ration of uppercase to lowercase letters in this post.

    31. Re:Legal? by Anonymous Coward · · Score: 0

      ok...so I'll invite a friend to my house to listen to the latest Janet Jackson single...can I savely let my friend listen to my music(on a cd-player)?...yes.

      But what if my house is very big...big as in 2square miles....and my friend is on the other side of the house(a mile away)behind a computer....
      can I let my friend listen to my music..through P2P(in my own house)?

      If you can connect to me, whereever you are, you are actually in my house(if you werent you couldn't change things on my hda), and I think I should be able to let my friends listen to my music(if they are "in" my house.

      Record labels 'n stuff have been overcharging for years and now technology is gaining on them, they do not know how to keep the money streams.....

      I do not believe it's hurting the artist(I know a few) The artist usually does not make much(except the lucky few), I know the production process and a cd does not cost what they charge, it's a ripoff

      They(RIAA 'n stuff) see profit in those downloads. In their eyes a download is the same as selling a cd, so every download is a cd not sold.

      It's like SCO: they calculate how much linux users there are times 699 = alot of profit, so a few millions to spend on some legal action might pay off(wether you're wright or not does not matter in court- the letter of the law does)

      These people (SCO, RIAA, etc) produce nothing except licences, I think they are doing a worthless job, they create nothing, add nothing to society, they only frustrate the legal system to squeeze money out of people

      btw are U American?

      "It's a bit of a cop-out to say that the creators of a network of file sharing systems can't be responsible for its content."

      What about guns?Are manufactures responsible?
      Or is it different then
      Most drug transaction/weapons/girls are done with money, are the money creators responsible for every drug/weapons/girls crime?
      US develloped the H-bomb(with German help), are they responsible if someone were to use it?

      Most chemical/biological/nuclear weapons are developed in the "west" Yet I hear no one claiming responsibility for making this world unsave, no no.. it's those "evil" guys on the other side.

      You see?

    32. Re:Legal? by 10Ghz · · Score: 1

      Kazaa is used to distribute copyrighted material, no-one is disputing that. But why should the creators of Kazaa be responsible for that? Kazaa can be used for legal purposes as well. Are car-makers liable if their cars are used for hit 'n run? Are knife-makers liable if their product is used to kill someone? IRC is also used to trade pirated material, should the police be raiding the home of Jarkko Oikarinen since he happened to invent it?

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    33. Re:Legal? by potp · · Score: 1

      Taking your argument to its logical conclusion, the homes of the people who write and maintain the FTP protocol should be shutdown as well; there are still plenty of anonymous FTP sites offering copyright material for download.

      It's not the people who build the tools that are responsible for the way those tools are used, it's the people who use them who are responsible.

      --
      find more potp = www.planetofthepenguins.com
    34. Re:Legal? by trezor · · Score: 1
      • If they were stupid enough to think that movie theaters, radio stations and music discs were an eternal cash-cow while using their profits to build castles in the sand, well... give them a Darwin Award.

      That's by far the best comment I've heard in this thread so far!

      Anyone a little bit less lazy than me, and bother to submit the proposal? :)

      --
      Not Buzzword 2.0 compliant. Please speak english.
    35. Re:Legal? by Saint+Stephen · · Score: 1

      Look, I love guns and support the 2nd amendment (if this is the way politicians act now, imagine how bad it would be if they knew we couldn't shoot them if they really cross the line), but what is the use of a gun besides its actual or potential ability to kill living things? I can think of only three uses: kill stuff, threaten to kill stuff, wound stuff, or show off.

      What are you thinking of?

    36. Re:Legal? by Anonymous Coward · · Score: 0

      How is Sharman responsible for what a 3rd party program does? It's not.

    37. Re:Legal? by mr_z_beeblebrox · · Score: 4, Insightful

      Sure, there are some legitimate uses for file sharing, like swapping public domain files. But ask almost any college student what kazaa is, and they'll explain that it is for sharing music...

      Music can be legitamately shared. That more than anything is what the MIPI and RIIA and other goons are trying quietly to suppress. The "one percent" as you call it of legitimate use. People like Brian Eno and Peter Gabriel who are releasing (and helping other artists to release) music on their own terms, thus shutting out the recording industry. If this were to continue, in five years that could be 20-25%. So, if the RIIA and others shout PIRATE loud enough in the right ears, no one will ever notice those people and before long they will be legislated (coerced) into either A. Recording music with the industry or B. Not recording music. These people are thugs and are using heavy handed monopolistic practices as well as sly legal trickery to perpetuate their empires. Sorry you can't see that.

    38. Re:Legal? by Anonymous Coward · · Score: 0

      Quite so. The whining wealthy are dangerously self inflated, posess the legal (though amoral) weapons of tyrants and parasites, and will win many battles in their inevitable loss of the war. I can only hope they fight viciously and publicly to their own more rapid demise. Support live music, and screw the RIAA.

    39. Re:Legal? by ball-lightning · · Score: 1


      Don't make the rest of the population pay for bad economics and planning.


      What bad economics and planning would that be? Creating a product and then selling it? The only reason the entertainment industry is having trouble right now is because their product is easy to steal! If it wasn't, they would be in the green right now. As I see it, downloading an MP3 is like shoplifting. No, it isn't a big deal, but it's still breaking the law, and wrong.

    40. Re:Legal? by Anonymous Coward · · Score: 0

      > Kazaa (or at least Kazaa Lite) removed the ability to see what files an individual user had shared
      > primarily to make it more difficult to quantify how much of a violator someone was...

      That was Kazaa lite, and you might have noticed by now that Shaman networks actually took action against them.
      Your point?

    41. Re:Legal? by Anonymous Coward · · Score: 0

      screw the legality. a fair and moral paradigm would be worth defending. economic tyranny is not.. no, two wrongs don't make a right. but if the choice is two wrongs or one? i dont think there's any difference except dilution of the karma/guilt/wealth. This isn't about copyright, or 'fair treatment of artists', its about protecting an entrenched set of powerful and interlocking monopolies. remember napster? hmm.. do you really think the demise of napster has stopped, slowed, diminished the sharing of files? or did XP activation stop warez? it won't. people WANT to share things.. most people are offended by inequity of wealth.. any decent soul doesn't want another decent soul deprived of opportunity. if the current paradigm is inequitable, many will find a way and an opportunity to ignore regulation and do what Feels Right.. from the days of slavery to tomorrows headlines. To HELL with the RIAA, tyranny, and economic oppression. If that means steal some Michael Jackson.. eh, its not throwing molotov cocktails, count your blessing.

    42. Re:Legal? by Anonymous Coward · · Score: 0

      And by the same token gun manufactures should have their houses searched in the same manner. Are you going to argue that they don't know that guns will be used for killing???? Mmmm yes, I though so.

    43. Re:Legal? by Anonymous Coward · · Score: 0

      Which is quite possible if the doorstep was intentionally made slippery...

    44. Re:Legal? by Anonymous Coward · · Score: 0

      > That is not the only use. Guess you're a fucking idiot, too, huh?

      Guns are specifically designed for killing, regardless of how much you dislike that fact.
      They can be used for sports, definitely, and not all that is killed with them ishumans, but that in no way changes what the primary purpose, and the only design goal is for guns.

    45. Re:Legal? by retards · · Score: 4, Insightful

      The only reason the entertainment industry is having trouble right now is because their product is easy to steal!

      Actually, it's not even stealing according to the law. You do, however, have a (populistic) point.

      However, the real reason behind all the fuss is the big money. If media-companies had not invested loads of money in these more and more obsolete delivery mechanisms, there would not be a problem. The question isn't if media publsihers going to get paid per se, but rather if the current media publishers are going to get paid according to outdated business practices.

      All in all: if you don't have a product that people want to buy, either your product sucks or it's too expensive. Tough titty.

    46. Re:Legal? by swordboy · · Score: 1

      so that the other 1% can enjoy their alleys legitimately

      For porn?

      --

      Life is the leading cause of death in America.
    47. Re:Legal? by Mistshadow2k4 · · Score: 1

      You obviously don't share porn on the p2p networks. Most of it is homemade and originally distributed by the people who made it. Certainly a percentage of it is cut from actual movies, but the majority is what is referred to as "amateur" work.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    48. Re:Legal? by nl69959 · · Score: 1

      99% of all cars have commited come sort of traffic violation. Cars should be forbidden.

      Every human being has done something illegal, humans should be forbidden.

      Hmmm....

    49. Re:Legal? by Feanturi · · Score: 1

      Ok, so what are the other uses then? Besides taking the life of an entity, well I guess you could simply maim or cripple them. That makes it more legitimate somehow?

      Merely threatening someone with a gun is a violent act in itself. Guns are for violence, period.

      Fucking idiots shouldn't go around calling other people fucking idiots, how are we supposed to tell you all apart?

    50. Re:Legal? by top_down · · Score: 5, Insightful

      What bad economics and planning would that be? Creating a product and then selling it?

      No it would be relying on an inefficient distribution monopoly for profits.

      The only reason the entertainment industry is having trouble right now is because their product is easy to steal!

      Wrong again. The reason they are in trouble is that they are producing a product, the distribution of music, that is obsolete (well soon anyway) thanks to new technology.

      And don't be so unwise as to call illegal copying "stealing" as you might then easily miss the fact that illegal copying is hugely productive, which in turn means that you will probably miss a sane solution to the whole issue.

      --
      Anyone who generalizes about slashdotters is a typical slashdotter.
    51. Re:Legal? by Feanturi · · Score: 3, Insightful

      You obviously don't share porn on the p2p networks. Most of it is homemade and originally distributed by the people who made it. Certainly a percentage of it is cut from actual movies, but the majority is what is referred to as "amateur" work.

      Erm.. I've got gigs and gigs of the stuff, and only a very small percentage of it is home-made. The bulk of it has been lifted from pay-sites and DVD-rips or captured from video tape. Or were you talking about kiddie porn?

    52. Re:Legal? by Anonymous Coward · · Score: 0

      Yeah, but the music industry must be raiding them due to the use of copyrighted "mood" music in said porn. :/

      I'm sitting here rolling my eyes... I'm an Australian, and I didn't know we had suce a stupid law on the books.

    53. Re:Legal? by Anonymous Coward · · Score: 3, Insightful

      > What bad economics and planning would that be? Creating a product and then selling it?

      Let me tell you a bit of history, it is about an industry called the recording industry...

      More then a century ago now, it became practical to make audio recordings and reproduce them.

      Untill that day, when someone wanted to listen to music, the only way was to get someone to play live music.

      Now, this new invention that allowed recording and reproducing music (and sound in general) meant that peopel coudl listen to music without needign a live performance, and coudl do so whenever they wanted.

      This of course put many artists, theatre owners and employees out of their job and business.
      However, some others actually proffited from it, and bullt what we now know as the recording industry.

      THe bad planning that the recording industry is doing now is not realizing that what they have depends on a bit of technology that will not last forever. They started by using new technology, and yet they failed to plan for their technology getting outdated (hey that only happens to others0

      > The only reason the entertainment industry is having trouble right now is because their product is
      > easy to steal! If it wasn't, they would be in the green right now.

      This is often claimed by the music industry, but so far they failed to make any believable argument to support this claim.

      It most likely plays a role, but I do not see any reason for believing it is the only or even the most imporytant factor.

      > As I see it, downloading an MP3 is like shoplifting. No, it isn't a big deal, but it's
      > still breaking the law, and wrong.

      It is breaking the law, if it is wrong is another thing.

      Don't get me wrong, I rather want artists to get payed for their works, and probably more important, I believe a copyright holder has some rights to determine how the work he/she created is used.

      Havign said that, I also believe that a substantial part of what is produced by the music industry does not qualify for beign 'creative' in any way, and as such should be impossible to get copyright on to begin with.

      This however is the result of a deal bewteen society and creative people.

      The problems are 2fold:

      First of all, it is usually not creative people who control copyrights, but business people. As a result, creators do not proffit from copyright usually, hence copyright fails to forfill its purpose, and does nto give artists any 'rights' usually

      Second, those business people broke the deal with society by refusign to forfill their side of the deal (adding things to the public domain once they had their time of monopoly)

      Due to the 2nd, I cannot see taking such copyrighted material as wrong, I see it merely as compensation of failure by the recording industry to forfill their part of the deal, and due to the first I also do not see how it directly affects the rights of creative people.

    54. Re:Legal? by thebes · · Score: 1
      If would actually be the builders of the buildings that are responsible, because they created the alleys by the space between the buildings

      To extend this, I guess it all comes down to Arpanet...

    55. Re:Legal? by qtp · · Score: 1

      ASAICT, the actual figure is closer to 90%, at least this is what was conceded by RIAA lawyers in the US case and was discussed here on /. some hours ago.

      Other issues leaning heavily against your argument would be that you have posed a false analogy, as it is difficult to make a case for filesharing being as harmful to individuals and society as rampand addictive drug use, and that the actual harm to the members of the RIAA is difficult to calculate, because you cannot say how many of the downloaders are actually using the service to test drive music before buying (in which case filesharing is acting as advertising for the RIAA members products), or how many copies of a particular song has been downloaded (I doubt the RIAA has actually researched the logs of every kazaa/morpheus install prosecuted for this statistic).

      There is nothing stopping them from being responsible for the content - they could require shareable files to be hashed and verified before they could be shared.

      Which would require centralized control, be rather expensive, and would completely change the nature of the P2P network. One of the beauties of P2P is the lack of centralized control, and to change that would introduce the possibility of censorship, not only for eliminating copyrighted material, but for eliminating dissent in some of the more oppressive countries. P2P is not necessarily limited to music (I have downloaded various text-files from the gnutella network) and a raid such as this is simply intimidation, and very likely a reaction to the way the court case in the US seems to be heading (see above link).

      --
      Read, L
    56. Re:Legal? by Anonymous Coward · · Score: 0

      > no matter what anyone else may claim. simple as that.

      Ah, so its irrelevant what others claim, here comes mydigitalself who knows the absolute truth!

    57. Re:Legal? by nearlygod · · Score: 2, Funny

      I can think of 2 things wrong with your post. 1. You can't count.

      --
      The Tools Of Ignorance wanna be a tool?
    58. Re:Legal? by Anonymous Coward · · Score: 0

      The motor car is used in huge numbers of crime getaways yet nobody sued Ford or suggests Ford fits cars with cameras that look for money bags and refuse to start the engine otherwise.


      Be careful what you say. I'm sure the freedom hating democrats would jump on this, unless somehow you could show that it unfairly targeted a privileged minority group. Can we get this to only work on white males? The freedom hating republicans would probably go for it too, since I'm sure this money would be used to fund terrorist activities, drugs or, worse, gay marriages.
    59. Re:Legal? by Rude+Turnip · · Score: 1

      Taking another human's life is only a means to an end...the most legitimate of which is the defense of your life and the life of your family. Beyond that and defending your country from invaders, you would be hard pressed to find many more legitimate uses.

    60. Re:Legal? by attobyte · · Score: 1

      Target practice, shooting compititions. I love trap shooting I dont kill anything when I am shooting trap except for those poor little clay pigeons.

      --
      I didn't use the preview button, so get over it!!!!

      Mike

    61. Re:Legal? by Pig+Hogger · · Score: 2, Interesting
      As I see it, downloading an MP3 is like shoplifting. No, it isn't a big deal, but it's still breaking the law, and wrong.
      You must live in an ass-backward place (say, like the USA) to have such lopsided laws. Up here, downloading MP3s as well as copying music CDs is totally legal when done for private use.
    62. Re:Legal? by Anonymous Coward · · Score: 0

      I remember reading that guns are to protect against a tyarney (spelling, but I dont give a shit) in government. Read up on your history and find out what that means.

    63. Re:Legal? by Anonymous Coward · · Score: 0

      research have shown that about 90% of the traffic is
      illegal. And btw, can you please stop jerking off infront of my dog. He just doesn't seem to like you...

    64. Re:Legal? by Pig+Hogger · · Score: 1
      so that the other 1% can enjoy their alleys legitimately
      For porn?
      What a geek! You don't find pr0n in lanes; you can get actual sex.
    65. Re:Legal? by Anonymous Coward · · Score: 0

      Prove me wrong guys, prove me wrong.

    66. Re:Legal? by Anonymous Coward · · Score: 0
      A lot of the stuff from pay-sites (at least of the picture variety) was either found in the public domain or ripped off from other pay sites (who found it in the public domain or...) While cruising various porn sites or checking usenet I'll frequently see the same stuff with different attributions on it, or once in awhile with no attributions at all.

      Sure, some porn sites do original stuff, but the vast majority just feed off each other and whatever amatuer stuff gets posted to newsgroups. It would be difficult to find an oringinal copyright owner for most of it who would stand up in court for the purposes of a lawsuit.

    67. Re:Legal? by gnu-generation-one · · Score: 1
      "Do you really think that more than 1% of the traffic on Kazaa comes from legitimate sharing?"

      Acually I think that 10% of the traffic on Kazaa is legitimate

      (*) It was reported on a news site renowned for its accurate research
      (*) The 10% figure was supplied by the RIAA, who have a vested interest in showing low figures
      (*) The figure was supplied to a court of law
      (*) The figure was supplied by someone willing to put their name to it
      (*) The judge hearing this case accepted that figure, and used it in further questions

      "One academic study found that 90 percent of the content exchanged on file-sharing networks is copyrighted, [RIAA lawyer] Frackman noted.

      "[Judge]Noonan pressed further, asking whether the authorized exchange of 10 percent of an estimated 750 million swapped files -- games, live recordings and public-domain works such as Shakespeare -- met the criteria the Supreme Court set forth in the Betamax case. 'That sounds like a lot of non-infringing use to me.'"

      It's probably good to be suspicious of anyone who quotes a "99%" probability, or the even less-likely "99.999% of people..." that slashdotters insist of dragging up. If you're going to make up numbers, at least try to make them sound as if they're not a complete guess.

    68. Re:Legal? by Anonymous Coward · · Score: 0

      Let me ask you something. If 98% of alleys were filled with drug, what would be your response? what if its still down to 50 or 40% ? Who set this limit ?

      I fucking hate when people say this. There's no goddamn line. There's no reason to generalize anything. In this particular case, 99% of the people in alley ARE drug pushers. There's no alternate realities we have to consider. That is such a cop-out argument.

    69. Re:Legal? by the_mad_poster · · Score: 4, Insightful

      The only reason the entertainment industry is having trouble right now is because their product is easy to steal! If it wasn't, they would be in the green right now.

      Got facts? Because I have the perennial "music sales went up while Napster was around and dropped off when it died". "Post hoc, ergo propter hoc", but it's more "evidence" than you posted.

      On top of that, wouldn't Occam's Razor suggest that the simplest explanation to this problem is that people don't want to buy the music? Why would the remedy to that automatically be assumed to be anything other than the product itself for this particular industry, when common sense and prior knowledge tells us that the most common reason for people not purchasing a product is an inability to percieve a value in that purchase? Or, to put it more bluntly: the most likely reason people aren't buying this or any other product is that they don't think it's worth it.

      Now, if you have some evidence that suggests something other than the common wisdom, I'm all ears. I'm not too proud to learn something new.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    70. Re:Legal? by Dalroth · · Score: 1

      ctrl+l
      www.google.com
      enter
      mirc v6.12 crack
      enter

    71. Re:Legal? by Dutchmaan · · Score: 2, Insightful

      If 98% of the alleys were filled with drugs, wouldn't it just be more efficient to legalize drugs?

    72. Re:Legal? by Anonymous Coward · · Score: 0

      99% of email is illegal virii and spam. Do you want to shut down email as well?

    73. Re:Legal? by Captain+Large+Face · · Score: 2, Interesting

      Well, if you type in "index of" and the name of a file, you will occasionally turn up a web server's directory listing. For example, this link is a search for anything with MP3 in the page. I wouldn't call it a misuse however, because it's exactly what Google is for (finding pages that answer your query).

    74. Re:Legal? by SillySnake · · Score: 1

      Look out! Kazaa today.. Another tomorrow.. and the internet will be turned off later this week when the FBI here raids themselves.

    75. Re:Legal? by Gigs · · Score: 4, Interesting

      "There has grown up in the minds of certain groups in this country the notion that because a man or a corporation has made a profit out of the public for a number of years , the government and the courts are charged with the duty of guaranteeing such profit in the future, even in the face of changing circumstances and contrary public interest. This strange doctrine is not supported by statute nor common law. Neither individuals nor corporations have any right to come into court and ask that the clock of history be stopped ,or turned back, for their private benefit."

      - Heinlein's Lifeline

    76. Re:Legal? by Mistshadow2k4 · · Score: 1

      No, not kiddie porn! Ugh. Most of it I've ever downloaded was very unprofessional.

      I wonder if someone should do a study about the porn on p2p networks? If so, how much would they get paid?

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    77. Re:Legal? by Ibix · · Score: 1

      What bad economics and planning would that be? Creating a product and then selling it?

      No - the bad planning is a failure to realise that what they are selling is fundamentally different from a material product. Material products are "exclusive" - while I have it, you can't use it, and there's no easy way to give you a copy of, say, my chair. Music, on the other hand, is information. I can copy it for you, and with digital copying you have a copy with equal quality.

      Historically, the cost of copying music was prohibitive - I had to have a vinyl cutting machine to give you a copy, and it wouldn't have the original quality. Therefore, music companies could sell vinyl (literally), and charge you for it. With the advent of digital music, suddenly they have to face up to the fact that the plastic-and-foil of the CD is essentially worthless. We want the information, which can be copied.

      The RIAA et al. seem to be reacting by trying to get laws passed that make it illegal to possess machinery for copying information. This has the intended effect, that they can sell CDs and we can't copy them, but the side-effects are terrifying.

      A much smarter idea - which the grand-parent was alluding to - would be to acknowledge that music copying is unstoppable. Then decrease the sales cost until people feel that risking prosecution (and starving the artists) isn't worth twenty cents, or whatever. Or sell something that isn't copyable - signed CDs, or posters/artwork, whatever.

      That's what the grand-parent means by poor planning. :)

      I

    78. Re:Legal? by Silent+Plummet · · Score: 1
      Any technology, if it has a legitimate use, should be allowed./BLOCKQUOTE I agree. Let's hand out powerful guns to children. Hypothetically speaking, at least half of them will use the guns in self defense against the other half who turn on them.
    79. Re:Legal? by Anonymous Coward · · Score: 4, Funny

      I didn't realise the music industry owned the copyrights to porn films as well. You learn something new every day.

    80. Re:Legal? by Richthofen80 · · Score: 1

      But it does. Producers of a product can and have been held responsible for actions based on that product. I really don't agree with it... but here in the U.S. , gun manufacturers have been sued , tobacco manufacturers have been sued... its only a matter of time before Kazaa is sued, and its users. Now criminal law... that's not going to be applied to tobacco companies or gun companies... it seems criminal action is only taken against participants in the crimes. This is where Kazaa et al are unique.

      --
      Reason, free market capitalism, and individualism
    81. Re:Legal? by Sique · · Score: 5, Interesting

      What bad economics and planning would that be? Creating a product and then selling it? The only reason the entertainment industry is having trouble right now is because their product is easy to steal!

      Your argument falls somewhat short. The only reason that the entertainment industry exists in the first place is that it was expensive to start copying, but once you got it running, you could put out many copies very cheap.

      So when stuff like the printing press was invented and used, suddenly the burdensome path of copying books, music and other creative works by hand was obsolete. Once you had the work in your printing press, you could generate hundreds of copies. But the investition in the actual press, in generating the plates for printing and proofreading were expensive, so many artist couldn't afford that themselves. So they couldn't get their own work out to earn money, because they couldn't afford the initial costs necessary to start copying, thus forcing them to get other people to invest into them.

      Without legal protection of their work they didn't even had a chance to sell their work to the printing press operator, because all he needed was a single copy to create the printing plates. This put the artist out of the revenue stream for his own work. Many countries had regulations in place to stop this, mostly by forcing the artist to register his work with a royal office of Arts or something similar, and this office then protected the artist from illicit copies, but on the other hand the royal office now could censor the work by not allowing anyone to copy it or not accepting the work in the first place.

      Copyright (or Author's right according to the Berne Convention) was deviced to give the control of the work back to the author, who was still forced to sell rights to his work to printing press operators (because buying a printing press was still expensive). It took some time until Copyright was available to non-citizens. Charles Dickens for instance was never able to stop U.S. printers to sell his books, because U.S. Copyright law at this time was only protecting U.S. citizens. It wasn't until american authors themselves were trying to sell their works outside of U.S. (namely Samuel Langhorne Clemens a.k.a. Mark Twain) until the U.S. agreed to protect non-citizen works in reverse for protection of U.S. works outside the U.S.

      The same situation came up with all developing countries which weren't very keen at protecting copyright from other countries until they had enough own works to protect abroad which made it worthwile to give protection to outlanders in exchange (think Japan in the early 20th century, Taiwan in the 70ies). This makes one wonder if it makes sense at all to force third world countries to enforce copyright at all. No one playing catchup in the last 150 years was protecting copyright until he reached a certain level himself ;)

      Back to the music industry. It has only one big selling point for artists: It can help to overcome the initial costs to spread the work and thus guaranteering a revenue stream back to the artist. There is no other actual unique service the music industry is providing to the artist. All other services could also be provided by a personal agent which gets a share of the revenue or a fixed salary or whatever.

      The music industry is also a service provider to the music listener: In an ideal world it helps the music listener to find music according to his taste and his purchasing power, preselect, finetune and in other ways improve the listening experience. Basicly it is acting as an agent between artist and listener.

      But both of those roles are loosing its importance to the music world. Copying costs near to nothing to nearly everyone, so the initial costs for an artist to spread the work is approaching zero. This makes the big selling point of music industry services to the artist void. All it has left is the additional services (connections, career counselling...), which could be bo

      --
      .sig: Sique *sigh*
    82. Re:Legal? by Anonymous Coward · · Score: 0

      Most of the obvious attempted acting stuff was an attempt to make money and probably copyrighted by a specific company but I see far more amature stuff out there then company made porn. Look at all the upskirt/downblouse/beach/voyeur/couples/mardigras type stuff. Almost all is pure amature by a dude with a camera.
      A lot of what pay sites and porn dvd's offer IS that amature/semi amature content packaged up and sold to you. Kind of like an old Simtel or Walnut Creek compilation.
      I have seen many of the same pictures and short movies with various copyright overlays, introductions, web site links, and file information and file names. I doubt more then one person made the same thing.

      AC this time ;)

    83. Re:Legal? by Foogle · · Score: 2, Informative

      That's not correct. The reason you see so many of the same pictures attributed to different sites is because the sites are just the distributors. They buy licenses to the different sets from actual pornographers and then label them with their own brand.

    84. Re:Legal? by Nodatadj · · Score: 1

      The distinction you are missing is the difference between creating and running.

      Ford created my car, but Ford do not run it.
      Wilkinson Sword created my razor blade, but do not run it.
      Bob the builder built the crackhouse down the road, but Dodgy Stevie is the person running it.

      Sharman created the Kazaa software, but they are also the people running the infrastructure used which is used.

      Which is why car-makers are not liable if their cars are used for hit'n'run and knife-makers are not liable for knife stabbings. The people who are running it are. If Jarkko Oikarinen was running an IRC server where it could be proved that most of the material there was copyrighted then I'd expect his home to be raided too.

    85. Re:Legal? by thebruce · · Score: 1

      However, if you are saying that the creators of the filesharing networks are responsible, then the logical extension of your argument would be to say that the builders of the alleys should be held resposible for the actions of those who occupy their creations.

      Sorry, but that simply doesn't make sense


      I think the analogy was a little flawed to start with... if you extend it to the builders of the alleys, then you need also define the active job of the owners. In Kazaa, the writers and owners have an active role in maintaining the network, updating the software, and generally providing a decent active service, etc. The builders of an alley; well, technically they don't build the alley, but for arguments sake, once it's built it's built. Now, if the builders, say, also owned and maintained an alley as a service to those who supposedly are to utilize it, then yes, I would say they have the responsibility of being held accountable for the actions going on within.

      If the cops come along to the alley owners and say - hey, we're arresting you for promoting and maintaining illegal activities in your alleys, I'd highly doubt they could cop out by saying - sir, we built the alleys for the few who walk through it, and we have no way of knowing, let alone stopping, all this 'illegal activity' you speak of.

      That, my friend, simply doesn't make sense...

    86. Re:Legal? by PMuse · · Score: 1

      Aye! There's the rub. And me with no mod points.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    87. Re:Legal? by Fizzlewhiff · · Score: 1

      No, you raid the homes of the mayor and city council members in the middle of the night to see what kind of planning they have for people using the alleys to sell drugs.

      My thoughts is MIPI will uncover porn and people will be shocked.

      --

      'Same speed C but faster'
    88. Re:Legal? by Anonymous Coward · · Score: 0

      They ARE responsible. They created these sharing networks solely for the purpose of transfering copyrighted material. Period! They tried to spin off a legit service only after they started getting sued to provide a cover up for the illegal activity using were doing.

      Who's to say I never used the service but to say their motivation to create Kazaa was for legit purposes is completely delusional.

    89. Re:Legal? by Darth23 · · Score: 1

      The Phone company could easlily record every conversation that goes through their lines, but then all that would be possible up for subpoena if there are ususpected concersations dealing with illegal subjects.

      --

      -------- In Soviet Russia, "Soviet Russia" sigs hate Slashdot.

    90. Re:Legal? by FreeTheFurniture! · · Score: 1
      A little off topic but...

      I read a post on /. a while back. It was pretty simple: Analogies suck.

      *ANALOGIES SUCK*

      Often they seem insightful on the surface, but they are rarely accurate. Generally we don't put enough thought into our analogies to make them meaningful.

      Thank you for exposing the flaws of the preceding example. Rather than pointing out inconsistencies with the typical unrealistic extension, I would suggest that we respond to any post using a bad analogy with one simple line:

      *AS*

      (Ok this isn't the best abbreviation, but the obvious one would have gotten me modded down for sure.)

      Anyway, to some up (and get back on topic) - P2P file sharing is nothing like an alley full of drug dealers. P2P file sharing is kind of like P2P file sharing.

    91. Re:Legal? by Anonymous Coward · · Score: 0

      See here's the problem. You think because this technology was created all of a sudden music and video publishers suddenly need to rework their copyrights? Why? Why should they need to do anything? It would be wise for them to do so but until laws change you are still breaking copyrights and stealing. Any way you justify it in your feeble mind you're still breaking the law.

    92. Re:Legal? by Killswitch1968 · · Score: 1

      Life is about drawing lines. It always has been.
      Take a look at drugs. Why are cigarettes legal but marijuana not? If marijuana is legal, why not crack? Why not heroin? why not meth?
      What about speed limits? If they're designed to save lives, then why not decrease them by half, think of the lives we could save then!
      Life is about drawing lines at some reasonable limit. If the product is used for illegal activity 80-90% of the time, I'd say that was a reasonable line.

      --

      Corporations: your universal scapegoat for all society's ills.
    93. Re:Legal? by Tim+Doran · · Score: 1

      I think it's more like 10% of traffic from legit sharing, by the industry's own estimates.

      Yes, I know it's different continent, but I think it's an interesting data point.

    94. Re:Legal? by Anonymous Coward · · Score: 0

      The creators of the file sharing networks knew EXACTLY what they were doing. If the alley manufacturer included special features like locked boxes that drug pushers could stand in and pass drugs and money back and forth through small slots, then yes, there is liability on the part of the alley manufacturer.

      Kazaa (or at least Kazaa Lite) removed the ability to see what files an individual user had shared primarily to make it more difficult to quantify how much of a violator someone was...,


      The Creators of the phone companies knew exactly what they were doing when they opened a service that allowed people to talk to each other over vast differences. Millions of crimes are planned over the phone. I hereby expect the AT&T offices to be raided due to the many criminal users of it's service. They even offer services that allow people to hide their identity from others (call block). Not to mention selling your phone number to telemarketing houses.

      When will the Phone companies Pay?

    95. Re:Legal? by Loki_1929 · · Score: 1

      "You must live in an ass-backward place (say, like the USA) to have such lopsided laws. Up here, downloading MP3s as well as copying music CDs is totally legal when done for private use."

      Sure it is, because you pay extra taxes on every kind of medium you could possibly be writing the copyrighted works to. As I recall, your government is even trying to throw a huge tax into hard drives, mp3 players, and just about anything else that can hold information that isn't already taxed all to hell. Everytime you buy a CD-r, even if it's to backup your Quickbooks files or save your family photos, you're paying money to the Canadian version of the RIAA.

      Talk about ass-backward laws.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    96. Re:Legal? by Anonymous Coward · · Score: 0

      That comment's not insightful. The RIAA itself has claimed that only 90% of file sharing violates copyright, and admits that the other 10% is legitimate. In the court case in the US against these networks it was reported yesterday that the judges were skeptical about shutting off the legitimate transfer of works of Shakespeare, etc. - they seemed to think that the 10% of the file trading that RIAA concedes as legitimate is not at all negligible and should not be adversely affected by attempts to stop illegitimate trading.

      So how is his uninformed "Do you really think?" and "99%" comment "insightful" again?

      Cluefully anonymous

    97. Re:Legal? by Loki_1929 · · Score: 1
      "What bad economics and planning would that be?"

      Price-gouging

      Payola

      Illegally maintaining a distribution monopoly

      Price-fixing

      Fraud

      Conspiracy to defraud

      RICO violations

      Breachs of Contract

      Bribery of public officials

      Barratry

      Anything else I missed? Essentially, by basing their entire business model on illegal acts, they've doomed themselves to failure.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    98. Re:Legal? by Blackknight · · Score: 1

      Nah, I just don't care.

    99. Re:Legal? by kelnos · · Score: 1
      Do you really think that more than 1% of the traffic on Kazaa comes from legitimate sharing?
      i didn't think so myself, but i recall reading something here on /. the other day that linked to a report (sorry, don't have it handy) stating that 10% of p2p traffic (which granted could be different from kazaa traffic) was legitimate.
      The network operators could easily log the names of files that are being downloaded. They don't, because that information could be subpeonaed...
      uh-uh. you don't appear to quite understand how this works. there is no big super-server that keeps track of all the files on the network. there are instead a series of many many not-quite-as-super servers that run all over the world. they're called 'supernodes', and they're users running the kazaa client just like any other user. the supernodes act as a sort of semi-central hubs that help with the routing of searches (among other things). in fact, if you were to connect to the network at two (geographically) different locations and simultaneously initiate the same search, the results you get will almost certainly be different, because connection #1's nearest supernode may or may not have access to the same resources that connection #2 has.

      so they _could_ try to log what goes on on the network, but their picture of it would be far from the whole picture. and even then, with the current infrastructure they could only find out what's on the network, not what people are actually downloading. they could get a sample of what people are downloading by hosting a multitude of content, and then collecting statistics on what people get from them, but otherwise that's about it. at any rate, any such stats-gathering mission is severely limited based on the scope of the material they offer.

      now, they can figure out what's being shared simply by doing a bunch of searches. but, as i said, the lists they get back will be far from complete, and will change very rapidly.
      --
      Xfce: Lighter than some, heavier than others. Just right.
    100. Re:Legal? by Anonymous Coward · · Score: 0

      But it is entirely feasable that 90% of P2P porn is not copywritten. Go check it out for yourself.

    101. Re:Legal? by Richthofen80 · · Score: 1

      Copying costs near to nothing to nearly everyone, so the initial costs for an artist to spread the work is approaching zero.

      Actually, you're not correct. While producing the saved form of the music for distribution is approaching zero, there's still the 'production costs' (and ask any member of a local struggling band how expensive it is to have studio time). There's also marketing costs. Marketing is the primary function of the music industry today. fans in cincinatti, provided they don't know anyone from or have never been to Boston, probably won't know a Boston band, save if they tour cincinatti... but how does the guy in cincinatti know? Media labels help bring physical products to bear, yes, and that need is diminishing, but they provide a lot more. I think you're oversimplifying the process.

      Also, everyone discredits the value of shiny discs but shiny discs satisfy the 'physical' desire to 'own' music. We want something tangible and collectable, and its hard to sell MP3s in a crowded bar at your fledgling band's shows.

      --
      Reason, free market capitalism, and individualism
    102. Re:Legal? by drinkypoo · · Score: 1

      The porn industry wants you to copy their porn, so long as it's not high quality, because they know it will serve as free advertising. This is important because there are few outlets in which pornography can gain exposure (yuk yuk)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    103. Re:Legal? by LuxFX · · Score: 1

      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys.

      Isn't this trying to cure a symptom instead of curing the disease?

      I bet 99% of car accidents happen while at least one person is driving. So should we making driving illegal?

      --
      Punctanym: alternate spelling of words using punctuation or numerals in place of some or all of its letters; see 'leet'
    104. Re:Legal? by protogoogoo69 · · Score: 1

      >It's a bit of a cop-out to say that the creators of a network of file sharing systems can't be responsible for its content.

      On the flipside of the coin, then I guess they should start lawsuits against people who create ftp, http, ssh clients. Hell, ANY service that can transfer data has the potential to share file content. For example, you could pretty much create your own (decentralized)P2P service by installing an {SSH,FTP,HTTP,SMTP} server and client on each users end, play with the port numbers, and forward your address and open ports to some majordomo@theglobalfilesharing-list-com. Users can check on what files you have by viewing your HTTP site, which they can then download via some u/l-d/l ratio-based FTP/SSH anonymous account. Wasn't this the premise for Hotline? But since these P2P apps are easier to set up (for non-computer-saavy), then thats why it is so widespread and thats where the radars go off in the offices of the content-nazis.

      The legitimate uses for FTP, HTTP, SMTP,... carry over to P2P as well, its just a matter of where the users with their sharing needs go. If you shut off Kazaa, either another P2P app will become popular or people will start getting clever with FTP, HTTP, SMTP as they did before napster. Blame the users who are pirating, not the application that already uses the file sharing techniques of old.

      --
      ...small furry creatures from Alpha Centauri...
    105. Re:Legal? by Anonymous Coward · · Score: 0
      No, not kiddie porn! Ugh. Most of it I've ever downloaded...

      Umm....

    106. Re:Legal? by Sique · · Score: 1

      Promotion is something you don't need a music industry for. There are lots of promotion agencies happy to help you which don't ask you to sell your soul. And production cost was included into my "initial cost" approach (when I was talking of 'creating the print plates' and 'proofreading').

      But the cost of production stays about the same, if you are hand copying your work (by performing it at a stage) or if you are recording it in a studio. (Yes I know, this is not entirely true... but you get the point.)

      --
      .sig: Sique *sigh*
    107. Re:Legal? by mydigitalself · · Score: 1

      clearly you have great big balls mr AC.

      the "others" i refer to will claim that you can also swap legal stuff on kazaa. but we all know (so not just the all-knowing mydigitalself) what it was really built for and what it is really used for.

    108. Re:Legal? by TyfStar · · Score: 1

      But this is not even the POINT. Kazaa is not centralized like Napster was. If they raid the home and offices, what is teh worst that could happen? They find some MP3's, sue them for the maximum, put Kazaa out of business. Damn! However.. people still have the executables... they can still file share, can't they? This doesn't stop, Kazaa. It just makes it so we have upgrades only in Open Source. (That is, until Darl decides that he made Kazaa, too)

      --

      "There is a reason Linux is free"

      ~me~

    109. Re:Legal? by cybpunks3 · · Score: 1

      The bottom line is that if Kazaa went down, then something else will just take its place ad infinitum, just as Kazaa replaced Napster.

      I thought the RIAA realized how pointless it was going after the P2P developers themselves already...

      As long as there is a demand for P2P apps, people will gladly readjust to the P2P app du-jour and recreate a network as big as Kazaa currently is.

    110. Re:Legal? by pclminion · · Score: 1
      If the alley manufacturer included special features like locked boxes...

      I hate to drop the conversation down a notch, but how can an alley, an empty space between two buildings, be manufactured? ;-)

    111. Re:Legal? by Anonymous Coward · · Score: 0

      The question isn't if media publsihers going to get paid per se, but rather if the current media publishers are going to get paid according to outdated business practices.

      Bullshit.

      if you don't have a product that people want to buy, either your product sucks or it's too expensive.

      If I can get whole Abode software suite for $1 from black market (or for free from kazaa), I see no way Adobe can make a product people are willing to pay for.

      And exactly same applies to music and movies.

    112. Re:Legal? by Anonymous Coward · · Score: 0

      >> Life is about drawing lines at some reasonable limit. If the product is used for illegal activity 80-90% of the time, I'd say that was a reasonable

      There is a difference between the government drawing the line (by a popular mandate) and RIAA drawing the line.

    113. Re:Legal? by Fr0mZer0 · · Score: 1
      Well, if 99% of alleys were filled with drug pushers, and 99% of the people who used the alleys were drug pushers, then yes, i'd be supporting shutting down alleys

      I love this logic. Let me try.

      Hmmm... if 99% of filesharers are human and 99% of downloaders are human, then lets gas the whole lot of them.

      On a side note, it would also cure over population, end all wars, and a stop pollution.

      Yeah!!! Save the whales, Kill all the humans.

    114. Re:Legal? by Anonymous Coward · · Score: 0

      I believe the masses willing to accept lossy compression indicates that most music doesn't need the super-expensive-top-dollar recording studio that you appear to be advocating.

    115. Re:Legal? by shark72 · · Score: 1

      "However, if you are saying that the creators of the filesharing networks are responsible, then the logical extension of your argument would be to say that the builders of the alleys should be held resposible for the actions of those who occupy their creations."

      That's a slippery slope. The thing to understand is that Kazaa was built, and operates, to facilitate copyright infringement. Kazaa needs copyright infringement. It's how they get the traffic to sell the ads which pay their salaries. If, magically and suddenly, all unauthorized copyrighted material were to disappear from the network tomorrow, 99% of its users would stop using it, and they would have no business. That 1% of you who really are using P2P to get your Linux distros simply would not be enough traffic for them to sustain their operation.

      Yes, I know that the Sharman folks keep parroting the line about how copyright infringement is just awful and it's just unfortunate that a few bad apples might be using the network for an unintended purpose, but -- let's face it -- they are lying. It is sad when I see so many /.'ers buying into that lie.

      Sharman are no white knights. They are no freedom fighters. They are in it to make a buck, just like most people.

      --
      Sitting in my day care, the art is decopainted.
    116. Re:Legal? by meatspray · · Score: 1

      If 98% of murders are acquaintances, should we legalize murder by acquaintances?

    117. Re:Legal? by Anonymous Coward · · Score: 0

      The difference between music and porn is that the porn industry actually encourages file sharing.

    118. Re:Legal? by tx_mgm · · Score: 1

      Ah, so all porn is completely public domain, and not at all copyrighted?

      I could be wrong here (seriously, not being sarcastic here...), but I don't think I've heard one complaint from the porn industry about the blatant violations of their copyrights on p2p networks. In fact, I think I read somewhere awhile ago that their business is thriving more now than it ever has. (too lazy to google any of this.)
      Mind you, I'm one of those people who thinks that p2p is keeping the music industry alive - not destroying it like they are currently howling about.
      Please, correct me if I'm wrong here...

      --
      Gentlemen...BEHOLD!
      -Dr. Weird
    119. Re:Legal? by Dutchmaan · · Score: 1

      I would equate this little analogy to prohibition rather than murder...

      Who's the victim in your real world scenario?

    120. Re:Legal? by prowley · · Score: 1

      It cannot, at least, unless you licence SCO's patented peer to peer networked space between things technology.

    121. Re:Legal? by Anonymous Coward · · Score: 0

      Agreed. Isn't this a horizontal business practice becoming vogue in large, established organizations? It seems that many companies are resorting to intimidation in order to (vainly) attempt to keep their market share. It's almost as if the very entities which deliver new gizmos designed to marvel the consumer are then bullying those very consumers to maintain/extend revenue stream.

      Has adaptibility completely perished?

    122. Re:Legal? by shamilton · · Score: 1

      What do you pay for blank CD-Rs? A spindle of 50 of the really budget 700mb ones are $16 CAD (just over $12 USD.) If I'm being taxed, I'm certainly not hurting.

      --
      "[A] high IQ is like a Jeep; you will still get stuck, just farther from help!" --Just d' FAQs, c.g.a
    123. Re:Legal? by PantsWearer · · Score: 1
      A slightly better analogy would be criminals use phones to plan crimes, should the phone company be liable for those crimes? Or the US Postal Service is used to transfer illegal goods, should they be liable for those transfers?

      Or possibly more topical; modems are used to download copyrighted material, should the phone company be liable for that transaction?

      --
      Be glad life is unfair, otherwise we'd deserve all this.
    124. Re:Legal? by Loki_1929 · · Score: 1

      "If I'm being taxed, I'm certainly not hurting."

      The fact that you're not 'feeling' it doesn't negate the fact that it is indeed happening. Every time you buy a CD-r, even if it's for your family photos, you're paying out money to the Canadian version of the RIAA. The law to which I alluded previously has indeed passed. As of Dec 12 of last year, the new law allows them to collect money for each MP3 player sold, in addition to every blank cassette, audio CD-r, data CD-r, etc. Apparently, MP3 players could end up costing anywhere from $19 to $100 more under the new rules.

      Congratulations.

      Read more here.

      Before you go on jabbering about the so-called "ass-backwards" laws of the US, perhaps you should take a good look behind you. Your own government has been bending you over the counter for a while now, allowing the RIAA et all to tap your wallet without you even realizing it. We may have some silly copyright laws, but at least I don't have to pay the RIAA every time I want to give some pictures to grandma.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    125. Re:Legal? by Saint+Stephen · · Score: 1

      No, I changed my mind while I was writing: in my mind "wound stuff" is an instance of "threaten to kill stuff" -- otherwise you just fucked up.

    126. Re:Legal? by Anonymous Coward · · Score: 0

      But ask almost any college student what kazaa is, and they'll explain that it is for sharing music...

      Thats great, ask a well informed individual about what its used for... just like if you asked a college student what alcohol is for. They would probably tell you its for getting into girls pants and getting wasted.

    127. Re:Legal? by Saint+Stephen · · Score: 1

      That's "showing off". I'll meet you half way and say that's not a problem, because it's deeply ingrained in your subconscious. I invited you to read John Keegan's "The History of War" with the first dischargers of gunpowder in the 1300s. Yours is a subtle example of "threatening to kill stuff".

      You might say its a "sport" -- read Keegan for an understanding of how "war" attenuated itself into "sport". (War precedes sport -- the oldest skeletons after we invented stone tools show chip marks from spears).

    128. Re:Legal? by shamilton · · Score: 1

      Well, you went on a good rant, made some false accusations, but you still didn't answer the question: what do you pay for blank CD-Rs?

      --
      "[A] high IQ is like a Jeep; you will still get stuck, just farther from help!" --Just d' FAQs, c.g.a
    129. Re:Legal? by fulldecent · · Score: 1

      Porn is public domain. The distribution of porn will never be prosecuted publicly.

      --

      -- I was raised on the command line, bitch

    130. Re:Legal? by Malcontent · · Score: 0, Offtopic

      I guess similar arguments can be used against the gun makers too. They know for certain that their product is used in committing crimes and yet they continue to make them.

      --

      War is necrophilia.

    131. Re:Legal? by TheLoneDanger · · Score: 1

      Apparently, MP3 players could end up costing anywhere from $19 to $100 more under the new rules.

      Actually, the maximum for MP3 players is an extra $25 (for over 10 GBs of storage). See here: MP3 players hit with copyright levy

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    132. Re:Legal? by Deitheres · · Score: 0

      I think this is a bad analogy. If I owned an alley, would I be expected to police it? Isn't that what the police are for? It's like saying that, if I owned a car rental company, I would be responsible for someone using a car I rented them as a getaway vehicle in a bank robbery. I provide the vessel, how it is used is not in my control.

      One can argue that Kazaa is responsible to monitor queries, but Kazaa is decentralized. It'd be like telling the NYPD they have to respond to domestic violence disputes in LA.

      --
      Just like driving a car:
      (D) to go forward
      (R) to go backward

    133. Re:Legal? by meatspray · · Score: 1

      Indeed, but the logic is morally subjective. Where does the level of morality and social consequences draw that line?

      More people die in a year in drunk driving accidents than murders. Does that dictate prohabition the proper solution? If murder is over the line does that put alcohol there as well?

      You can't make the decision to allow or ban things purely by the argument that they are happening. Social and economic factors must be weighed in full.

    134. Re:Legal? by vDave420 · · Score: 1
      The network operators could easily log the names of files that are being downloaded. They don't, because that information could be subpeonaed, and it would give clear indication that Kazaa is a copyrighted music/video swapping tool.

      Let me be the first one to educate you then, as a professional in the p2p field.

      For our business, there wouldn't be any way we could do this.

      For Kazaa (who is about 10x or more our network size) this wouldn't be possible!

      P2p software generally doesn't contact a central server for each file downloaded.

      That would place a load on the central, logging server which is proportional to the number of file transfers!

      The benefit of p2p is that it is distributed, and DOESN'T (or shouldn't) place a proportional load in this fashion.

      That's like saying that we can use an internal combustion engine (efficient) but should restrict ourselves to horse&buggy (innefficient) because some external 3rd party says so.

      I work developing imporvements to p2p technology, and coming up with great (hopefully) uses of the distributed nature of this network.

      One such application for this is the collection of network statistics.

      We can collect some fascinating stuff without paying a "penalty" proportional to network size or files transferred! In fact, the "central" penalty is constant!

      Without this technology, we couldn't possibly collect accurate, rapid data from thousands or millions of clients. Why? The costs would be proportional, not constant!!

      You are asking Kazaa to foot the bill for a PROPORTIONAL technology, not a CONSTANT-priced one. This could be the change from "profitable, self-sustaining, & improving" and "unprofitable, unrealistic, arcaic client/server only"

      Although Kazaa is a direct competitor of ours, I must stick by them here. Asking them to build a proportional, central system is not practical, especially simply to placate a 3rd party like this.

      NOTE: RIAA had plenty of oppertunity to implement such a system with their OWN $$$. Why should they be able to require that Kazaa spend Kazaa's $$$ on this, when it would only benefit RIAA, and only cripple the nice thing about p2p: decentralization.

      That's my thoughts, and I am sticking by them.

      -dave-

      --
      The pig browse. With Google. Sigh is to the chicken. Chicken is fool. Giggle. The DailyWTF giggle.
    135. Re:Legal? by dinivin · · Score: 1


      You even said that you can think of three uses.

      Therefore you agree with me that taking the life of a living entity is not the only use for a gun.

      Dinivin

    136. Re:Legal? by Anonymous Coward · · Score: 0

      "Your search - copyrightedsong.mp3 - did not match any documents. No pages were found containing "copyrightedsong"." http://www.google.com/search?hl=en&lr=&ie=UTF-8&oe =UTF-8&safe=off&q=copyrightedsong.mp3

    137. Re:Legal? by iamnotaclown · · Score: 1
      Ah, so all porn is completely public domain, and not at all copyrighted?


      Good point! Look at all the damage Kazaa and other thrice-damned file-pirating networks have done to the porn industry's bottom line. With all that lost revenue, I'm sure those porn actresses can barely eat!

    138. Re:Legal? by malkavian · · Score: 1

      So, people who design alleyways with locked boxes with small holes in them that can be used to push items in, and maybe back out again is a good sign that they should be sued into the ground?
      Hmm.. Now, a house is a box (sorta), often locked.
      And let me think. Small slot for pushing things in..
      Letterbox ring any bells to you?

      Now, you say it's a crime to have a client that stops external parties knowing what you're sharing, unless it's part of the transaction?
      Whoah.. Bet you'd be happy if it became illegal to stop the postman riffling through your mail to see what you may be sharing with your friends.

      No idea how that post made it to +5 interesting, because it's got more holes in it than a tea bag.
      It reminds me more of the viewpoint of the old Spanish Inquisition than any modern one.
      They're doing something I don't understand. They must be guilty of misdeeds. Punish them!

      It may come as a complete surprise, but, like the phone, a peer to peer client is simply a means of transferring information.
      That is what it was designed to do. That is what it does.

      If you say it's music only that's being shared, what about all the starting bands that no longer have to be tied into a ridiculously unfair contract (I know of artists that have had record companies sit on their albums and refuse to publish simply because the artists in question didn't want to redo the music on it to fit into the pop 'Beat Beat' music style more) to obtain distribution.

      I'm not saying anything in this post that hasn't been said a thousand times on /. when I mention that it's a new tech, with huge potential for the sharing and transmission of data (which is a good thing, unless you feel like living in a world where nobody is allowed to share any info that's not been 'approved' by board and committee.. Hello 1984)..
      Yet, you, for entirely spurious reasons, dictate that it's evil, and a tool of only criminals..

      Yeesh, I'm glad you're not in a position to legislate, otherwise there'd be things like the making it illegal to check what a children's net filter is like without going to jail, or use a non-branded printer cartridge in your printer without being in violation of something..

    139. Re:Legal? by WiggyWack · · Score: 1
      The reason they are in trouble is that they are producing a product, the distribution of music, that is obsolete (well soon anyway) thanks to new technology.

      Labels, whether one of the "big five" or one of the hundreds of independent labels, exist for more than just distribution purposes. A huge part of what they do is marketing. Artists have been able to distribute their music online for 10 years. Yet over the past ten years, new groups and individuals have still signed with labels. Why? Because they want other things the labels give them. Sure, artists can make their own web page and be accessible to the world, but as we found out in the 90's, just having a web page doesn't mean anyone will come to it. Even if you're giving away your music for free.

      Even with the dawn of things like the iTunes Music Store, which lets artists easily put their stuff online for pay, artists will still sign with labels, mostly for marketing purposes. And if an artist becomes popular and a TV show or movie production company calls and wants to license their music, the artist might not want to negotiate that themselves.

      They probably also won't be able to get any radio play without a label, either.

      Press releases, booking for interviews, organizing tour schedules, getting valuable consumer data... These are some things a label can provide. It's not just about distribution.

      --
      Macintosh humor! MacComedy.com
    140. Re:Legal? by Anonymous Coward · · Score: 0

      I ran a porn DC hub. It got shut down, but the content owners were pretty cool about it for the most part. But a few of the content owners are absolute dickweeds about it.

    141. Re:Legal? by Anonymous Coward · · Score: 0

      If 99% of alleys would be filled with drugusers than drugs would be legal.

    142. Re:Legal? by Anonymous Coward · · Score: 0

      ''Or, to put it more bluntly: the most likely reason people aren't buying this or any other product is that they don't think it's worth it.''

      (Well, here's my piddly little essay which is probably definitely a retreading.)

      The obvious response here is ''I don't think it's worth buying when I can listen for free.'' There are several possible motivating factors behind this response. You don't want to go out on a limb, gambling your money away on something that may disappoint you. Maybe you're a little broke. When I was fourteen, I dared myself to steal cd's from what was then Incredible Universe. Both the preceding reasons were prime motivators. Also, the cover art looked awesome (loool.)

      Anyway, if you like whatever it was you downloaded enough, and you're not an idiot, then you know that original CD's are the absolute highest quality recordings you can get. So you buy it. Of course, some people are pigs and really don't care. But goddamn it, there are some idealists out there as well.

      So you see there is a gap between two groups of people - the snooty connaisseurs and the derelict fuckheads. Perhaps some instillation of values via propaganda is in order.

    143. Re:Legal? by Anonymous Coward · · Score: 0
      no-one is disputing that...Are car-makers liable...Are knife-makers liable...

      You're one of the hyphen-users, aren't you.

    144. Re:Legal? by Anonymous Coward · · Score: 0

      No, not kiddie porn! Ugh. Most of it I've ever downloaded was very unprofessional.

      You fucking sicko..

  8. I thought that Kazaa... by Anonymous Coward · · Score: 0

    was'nt centrally located but instead internationally distributed.

  9. It's about time by MillionthMonkey · · Score: 5, Funny

    At last, someone has finally gotten in trouble for bundling spyware in their products!

    1. Re:It's about time by Graspee_Leemoor · · Score: 1

      "Not to mention the fact that Kazaa allows pedophiles to swap illegal and disgusting content amongst themselves, freely and with anonymity."

      TCP/IP found to be used by 100% of all paedophiles and terrorists who use the internet! They ALL use TCP/IP to transfer illegal images! It doesn't matter that TCP/IP was not designed to break the law- it's what it's being used for! Ban TCP/IP now!

      (I have decided that today is Reply to Trolls Day. Lucky you!)

      graspee

    2. Re:It's about time by Anonymous Coward · · Score: 0

      what does this mean about IP over carrier pidgeons?

      "Stop Pidgeon Porn"

  10. Obligatory reference by jdifool · · Score: 3, Funny
    -Hi, may I help you ?
    -All your offices are belong to us*

    *with Aussie strong accent, plz.

    Regards,
    jdif

    --
    Let's overcome our weakness.
    1. Re:Obligatory reference by mattjb0010 · · Score: 1

      -Someone set us up the mp3s

    2. Re:Obligatory reference by Yorrike · · Score: 5, Funny
      I'm a Kiwi, but this should satisfy your lust for Austrlsainism:

      a> G'day blue, wha's th' goss?
      b> All ya baches, barbies and crocs are belong to us, mate.
      a> S'truth?
      b> S'truth. It's bonza, mate. You have no chance to survive, make yer time.
      a> Crickey dick!

      --

      Looks can be deceiving. Or CAN they?

    3. Re:Obligatory reference by lewp · · Score: 5, Funny

      That's not a subpoena.
      This is a subpoena!

      --
      Game... blouses.
    4. Re:Obligatory reference by Anonymous Coward · · Score: 0

      Dingo stole my music.

    5. Re:Obligatory reference by rock_climbing_guy · · Score: 4, Funny
      Actually, I believe that what you meant to say was,

      All you OFFICE(TM) are belong to us.

      Filthy abusers of IP like you sicken me. How could you not recognize that that word belongs to MS.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    6. Re:Obligatory reference by jdifool · · Score: 1
      Absolutely right.
      I should make this comment mine...

      oh wait...

      All your posts are belong to me.

      Regards,
      jdif

      --
      Let's overcome our weakness.
    7. Re:Obligatory reference by Anonymous Coward · · Score: 5, Funny

      I'm an Australian, but this should satisfy lust as a New Zealander:

      *Baaaaaaaa!*

      So long as we're getting into mindless stereotypes here. ;-)

    8. Re:Obligatory reference by Anonymous Coward · · Score: 0

      oblig for a kiwi

      f(u)sh n ch(u)ps.

      welcome to the stereotypical world, it makes your your mind blind.

    9. Re:Obligatory reference by Anonymous Coward · · Score: 0

      oh thank you and while you're at it, a table for sex please.

    10. Re:Obligatory reference by Anonymous Coward · · Score: 0

      That's awesome. No seriously, I want a patch on my computer that converts EVERYTHING to aussie-speak. It's just so cool.

    11. Re:Obligatory reference by LittleGuy · · Score: 1

      That's what you get for holding your baby while also downloading!

      --
      Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
    12. Re:Obligatory reference by SageLikeFool · · Score: 1
      You(C) forgot that Word(TM) also belongs(TM) to MS(CRTMSLRJTH).

      On another note, are we allowed to say Superbowl yet?

    13. Re:Obligatory reference by Slashamatic · · Score: 1
      Difference between Ozzies and Kiwis:

      Every Ozzie suspects that the next farmer has a thing going with a Ewe and hates being reminded of it.

      Every Kiwi knows that the next farmer has something going with about twenty ewes. But having a choice, only the pretty ones so it doesn't matter!

  11. Nothing to worry about by IntelliTubbie · · Score: 1

    It's a good thing that Kazaa is only used for trading public-domain indie music and Linux ISOs. Geez, I don't see what everyone's so worried about.

    Cheers,
    IT

    --

    Power corrupts. PowerPoint corrupts absolutely.

    1. Re:Nothing to worry about by Reverant · · Score: 1

      Linux ISOs? Ok then, how about getting raided by SCO?

    2. Re:Nothing to worry about by Anonymous Coward · · Score: 0

      What are you smoking. The real use of Kazaa is for pirating Britney Spears and pr0n.

      Sheesh, haven't you ever *used* kazaa?

    3. Re:Nothing to worry about by Reverant · · Score: 1

      Actually no, I don't.

      I work as a PC repairs person, and I find everything I need in the PCs my clients give me.

      Now, if only they gave the NAS to store all that stuff...

  12. Uh by mkro · · Score: 5, Insightful
    MIPI obtained an Anton Pilar order - which allows a copyright holder to enter a premises to search for and seize material that breaches copyright without alerting the target through court proceedings
    This "copyright is holier than God Himself" crap is corrupting the law. I don't like bad analogies, but everyone remembers the example with the father of raped girl being the judge in the trial. That an interest group is doing the police's work is unacceptable. (Yes, I know the BSA is operating in a similar way, but that is no excuse.)
    --
    I shall go and tell the indestructible man that someone plans to murder him.
    1. Re:Uh by Crypto+Gnome · · Score: 4, Insightful

      I think it's imnportant to note that:

      The BSA has ZERO (extenuating/special) legal force behind them.

      And YES I am specifically talking about in the US.

      They basically are a business offering to audit you. They fact that they're making their offers with intentionally intimidating letters written in the best of legalspeak is neither here nor there.

      They have ZERO legal rights for search-and-seizure or any such like (until, of course, they can prove to a judge "probable cause" or other similar evidence just like anyone else who wants to request a search warrant).

      These anti-music/movie-piracy moguls , on the other hand, have had several particularly nasty laws passed which give them FULL LEGAL SANCTION to act more like a police force than any other business in the pursuit of evidence and/or prosecution.

      So basically no, the BSA is *not* operating in a similar way. The BSA just TALK BIG and hope to scare you. The *AAs of the US are businesses with powers significantly similar to The Police Force.

      --
      Visit CryptoGnome in his home.
    2. Re:Uh by cthugha · · Score: 1

      I hate to burst your bubble, but Anton Piller orders aren't exactly new. They're available in any civil case (not just IP) whenever a party can show that search and seizure is necessary to "preserve the subject matter of proceedings", e.g. to prevent destruction of evidence. It's fairly tough to convince a court that you need one, and you'd better not be getting one frivolously, but given that Kazaa isn't pure as the driven snow I'm not surprised an order was granted.

    3. Re:Uh by hkmwbz · · Score: 1

      Shouldn't it be the police, rather than some commercial company, that does the "search and seizure"? It is ridiculous that a commercial company or organization can be allowed to raid people, when even the police needs search warrants.

      --
      Clever signature text goes here.
    4. Re:Uh by cthugha · · Score: 2, Interesting

      No, it's a civil matter brought by private individuals (or, in this case, corporations) which means that the State and its agencies really have no business interfering or being dragged in. Think of it as the civil equivalent of a search warrant: in a criminal matter the State can do the search because the State is a party to the case.

      It's not exactly ideal, the Anton Piller order and its cousin the Mareva injunction are sometimes referred to as the tactical nukes of the law, but there isn't another viable way to stop dishonest defendants from trashing evidence or the property you're trying to get back, and it's fairly tightly regulated.

    5. Re:Uh by imr · · Score: 1

      MIPI obtained an Anton Pilar order - which allows a copyright holder to enter a premises to search for and seize material that breaches copyright without alerting the target through court proceedings
      OMG! I can't believe such things exist!
      I bet it gives them more rights than the police have!
      And how can they determine that the said material breaches copyright without court proceedings?
      "this is mine! and that! and that! uh, a powerbook! definitively breaching my copyrights, aint it? Oh nice wife, mate! I bet she breaches a lot, seized! ..."
      And wait until the mob enter some police headquarter to seize copyrighted material.
      "Hi, john! How are the kids, sorry for the intrusion, nothing personal, just business, now, where's da stuff ..."

    6. Re:Uh by Fjord · · Score: 1

      They have ZERO legal rights for search-and-seizure or any such like (until, of course, they can prove to a judge "probable cause" or other similar evidence just like anyone else who wants to request a search warrant).

      It is important to note that it is easy for them to get enough evidence for probable cause. All it takes is a disgruntled exemployee who knows Jimmy over there used a crack on the IDE his department refused to purchase for him.

      --
      -no broken link
    7. Re:Uh by Crypto+Gnome · · Score: 1

      It is important to note that it is easy for them to get enough evidence for probable cause.

      Let me just say no easier than it is for any other business or even John Q Citizen ... the point I was trying to make earlier was that "The BSA" has no more legal rights/backing than any other business and/or John Q Citizen.

      The *AAs of the US have pushed through a several laws which extend their legal rights/backing above and beyond any other business/industry and borders on the powers most would usually expect ONLY in The Police.

      --
      Visit CryptoGnome in his home.
    8. Re:Uh by Fjord · · Score: 1

      Ah, ok. I see this point. I just didn't want people thinking that because the BSA had no rights it's a good idea to pirate stuff. But in the context of this article, your point is important.

      --
      -no broken link
  13. erm, ok. by CAIMLAS · · Score: 3, Interesting

    Ok, this sounds a lot more like a police state than anything the Patriot Act allows (at least in the letter of the law and not its interpretation). Raiding homes in addition to business sites? For what, IP infringement?

    What kind of freedoms do these goons get, anyway, when they raid? Do they take everything, bash down doors, and the like, as the article implies (and as would likely occur under the Patriot Act)?

    If this kind of thing is valid, I don't see where so many .au slashdotters get off saying that the US is a police state. What bollix and hypocricy.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    1. Re:erm, ok. by Anonymous Coward · · Score: 0

      Um Yeah, you're right and thanks for your support...

    2. Re:erm, ok. by Rallion · · Score: 1

      Mmm...if they do it all drug-bust style, it's actually okay to shoot them if you can do it before any of them flash some kind of warrant-like thing.

    3. Re:erm, ok. by Jugalator · · Score: 4, Insightful

      If this kind of thing is valid, I don't see where so many .au slashdotters get off saying that the US is a police state. What bollix and hypocricy.

      Where's the hypocrisy in that??

      If your own country act like this, can't you comment about other countries where police can do the same?

      --
      Beware: In C++, your friends can see your privates!
    4. Re:erm, ok. by ScrewMaster · · Score: 1

      No, but if you're a kettle ...

      --
      The higher the technology, the sharper that two-edged sword.
    5. Re:erm, ok. by Anonymous Coward · · Score: 0

      What bollix

      If you're going to use a naughty word, please don't try to hide it behind a corrupted spelling.

      What you're trying to say is "bollocks". As in "testicles".

    6. Re:erm, ok. by Anonymous Coward · · Score: 0
      Ok, this sounds a lot more like a police state than anything the Patriot Act allows

      Patriot Act is the first stage of the US Police State.

  14. No Biggie by illuminata · · Score: 4, Funny

    MIPI just got confused. They didn't realize that a file sharing network didn't include physical files.

    Besides, with a name like MIPI, could you really stay mad at them for that long?

    --


    Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
    1. Re:No Biggie by Ours · · Score: 1

      "Besides, with a name like MIPI, could you really stay mad at them for that long?" Yes you can. CLIPPY sounds cute too and even similar to MIPI. And listen to what people thing about it :-).

      --
      "You superiour intellect is no match for our puny weapons" - The Simpsons
    2. Re:No Biggie by illuminata · · Score: 0, Offtopic

      But... but I like Clippy.

      He gets a bad rap, he's only trying to help people. There's a lot of people who have bad grammar, you know! Clippy's just trying to prevent other peoples' stupid mistakes!

      And he does it with a smile!

      --


      Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
    3. Re:No Biggie by mog007 · · Score: 1

      I think the invention of Clippy is worse than even the spyware Kazaa uses. Matter of fact, Clippy is reason enough to raid Microsoft's Austrailian branch.

    4. Re:No Biggie by illuminata · · Score: 0, Offtopic

      Clippy has to service more people every day than Lil' Kim does at The Source awards every year. He does his best. Back off.

      --


      Until Slashdot fixes the funny modifier, use insightful or interesting. The poster knows your intentions.
  15. Right.. by Channard · · Score: 1

    .. so the raid makes virtually no sense at all. Even if Kazaa was declared illegal through the entire world - an impossiblity, I know - it would still be mirrored by every tom, dick and harry.

  16. third of nine by thirdofnine · · Score: 5, Informative
    Channel Nine in Sydney reported that they also raided Telstra Head Office, Monash University and the University of NSW, all for file trading.

    Third of Nine

    --
    Well, um, yes.
    1. Re:third of nine by Anonymous Coward · · Score: 0

      Didnt bigpond (the internet company of Telstra) just setup a legal online music shop offering music for 1.99 per song or 18.50 per album?

      Or am i just crazy?

    2. Re:third of nine by Anonymous Coward · · Score: 0

      They also said that Uni of Qld told them to piss off :)

      Am I the only one who is disgusted that it is somehow legal for the recording industry to perform these raids themselves? I mean they had to get a court order to get the go-ahead, but surely this is something for the cops to handle?

    3. Re:third of nine by swampa · · Score: 1

      Yeah I remember hearing that on the radio too recently.

      A quick visit over to telstra.com shows bigpond music as a link on the front page.

      It would be interesting to be in the next meeting between ARIA and Telstra :)

  17. Nazis by Omni+Magnus · · Score: 5, Funny

    I am guessing that throughout the world, the different recording associations got into a contest to see who could become the most Nazi in their tactics. Until now, RIAA had the lead. To counter this, the RIAA will probably round up all of the file traders into camps. This will allow them to win.

    1. Re:Nazis by rokzy · · Score: 1

      they'll put them in Guantanamo bay and call them "illegal distributors" and claim "human rights" don't apply to people who have broken the law of the land.

    2. Re:Nazis by Anonymous Coward · · Score: 0

      I call Godwin!

    3. Re:Nazis by Anonymous Coward · · Score: 0

      Don't compare them to nazis you'll invoke godwin. Compare them to Cobra from GI joe. Its almost as good.

    4. Re:Nazis by minus_273 · · Score: 1

      nazi? dont see what this has to do with socialism or nationalism

      --
      The war with islam is a war on the beast
      The war on terror is a war for peace
    5. Re:Nazis by Anonymous Coward · · Score: 0

      The Nazis were facist, not socialist. At least the 3rd Reich was facist. And if you look at history we are just about due for the 4th Reich to make its move.

  18. Not likely by radicalskeptic · · Score: 4, Insightful
    MIPI general manager Michael Speck told ZDNet Australia the order was specifically targeted at the operators of the Kazaa network. "This is not about individuals, this is about the big fish," said Speck. "This is a signal that Internet music piracy is finished in Australia."

    Yes, stopping Kazaa will end music piracy in Australia. Because nobody has ever heard of


    None of which look like they're going away.
    --
    WARNING: If accidentally read, induce vomiting.
    1. Re:Not likely by CAIMLAS · · Score: 2, Informative

      You forgot:

      - BitTorrent
      - Shareaza (gnutella2)
      - eDonkey2000
      - FTP - with IPs traded amongst friends/etc. (a crude P2P, in a sense)
      - as well as a slew of others I'm not aware of, I'm sure.

      All this knowledge simply from being online for a couple years. Imagine what a hardcore file trader is aware of.

      --
      ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
    2. Re:Not likely by Anonymous Coward · · Score: 0

      Don't forget edonkey and emule clients!

    3. Re:Not likely by krymsin01 · · Score: 1

      What about:

      USENET
      The Public Library System
      Radio
      MTV, VH1, Much Music, whatever....

      Truth is, you'll never stop the pirates, the same way you'll never stop people from stealing from other people or cheating on their wives/husbands. There are always more avenues to get what you want than the people who don't want you to have it can think of shutting down.

      --
      stuff
    4. Re:Not likely by rock_climbing_guy · · Score: 3, Informative

      Correct me if I'm mistaken, but wasn't the Kazaa network designed so that it doesn't rely on a central server? In that case, even if the company disappears, the network should still be around as long as people are wanting to use it to trade music.

      --
      Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    5. Re:Not likely by Anonymous Coward · · Score: 0

      You forgot:

      Freenet

      For those who have tried Freenet in the past and been put off, you might want to check out the unstable branch right now. It's kicking ass, 25KB+/sec downloads on my end, which might not sound like much to the KaZaA crowd, but when you consider that the network is totally anonymous, things are working damn spiffy right now.

      Let's hope it improves even more, but it can only do so with more users (== more storage and more bandwidth).

      If you haven't tried Freenet, please do so!!

    6. Re:Not likely by Anonymous Coward · · Score: 0
      And what about

      Freenet

      How will they stop piracy when they can't track the pirates?

    7. Re:Not likely by Anonymous Coward · · Score: 0

      DC (++, Gui, etc.)
      Bit Torrent
      WinMX

      etc etc.

    8. Re:Not likely by cortana · · Score: 1

      Having demonstrated that he has utterly no conception of the situation and issues involved, Micheal Speck should be sacked on the spot.

      Looks like he's about as dumb as the crazy Australian eMinister (catchy New Labour-spun title used as I don't know his proper title). You know, the one who wants to cut Australia off from the rest of the Net(!) :)

    9. Re:Not likely by ReVeR5408 · · Score: 0

      What about WinMX?

    10. Re:Not likely by krumms · · Score: 1

      Yes, stopping Kazaa will end music piracy in Australia. Because nobody has ever heard of

      Shut your fucking mouth! Let them think what they will ;)

    11. Re:Not likely by 0x0d0a · · Score: 4, Informative

      Correct me if I'm mistaken, but wasn't the Kazaa network designed so that it doesn't rely on a central server? In that case, even if the company disappears, the network should still be around as long as people are wanting to use it to trade music.

      You are correct, but your conclusion is not (and it's not your fault, either -- it's good ol' politics and business obscuring good clean engineering).

      Kazaa operates in a fairly decentralized manner. At one point, the FastTrack network (what Kazaa uses internally) was open. However, the protocol was reverse engineered (by the GiFT project members and others), and third party clients started popping up. The FastTrack folks sold licenses to use their network -- plus, the use of an open protocol was detrimental to the client vendors, like Kazaa, as it meant that users could choose a (nicer) spyware-free client. The protocol was modified to contain an authentication system that *is* centralized. If Kazaa (the company) won't authorize you, you can't use the network.

      The addition of the authentication system was a huge step back from an engineering standpoint, but a huge jump forward from a business one -- it make Kazaa very lucrative.

    12. Re:Not likely by kubrick · · Score: 2, Interesting

      The addition of the authentication system was a huge step back from an engineering standpoint, but a huge jump forward from a business one -- it make Kazaa very lucrative.

      It could also have given them a legal liability they didn't previously possess, though... something which might not have been quite so cut-and-dried if they'd just kept re-engineering the protocol occasionally.

      --
      deus does not exist but if he does
    13. Re:Not likely by Anonymous Coward · · Score: 0

      FastTrack is *not* centralized. It uses client-side encryption to discourage people from implementing their own clients. There was a loophole in the encryption code which was exploited by giFT way back when, but that was closed in September 2001. Since then, the encryption has been properly reverse-engineered (including the twice it's been changed since), and third-party clients are now essentially indistinguishable from Kazaa from a protocol standpoint. And that protocol does not require any kind of central authentication.

      (There is the exception that no third-party clients[1] can become supernodes (and without supernodes, the entire network falls apart), but this is a matter of lack of inclination rather than lack of ability AFAIK.)

      This information is current at least as of kazaa 2.5; I don't know about 2.6 but I doubt they'd be changing the network structure at this late stage in the game.

      [1] Kazaa Lite does not count as third-party here, as it's based upon the original kazaa code.

    14. Re:Not likely by Anonymous Coward · · Score: 0

      Why does a closed network such as FastTrack have so many more users than all of the open ones, such as gnutella? It seems like both networks architectures are equally efficient, do people actually like having spyware?

    15. Re:Not likely by silicon+not+in+the+v · · Score: 1

      Yeah, they keep saying that the "maintainers of the Kazaa network" can track the files people trade. They are idiots because that is where the change came from Napster to all these new P2P apps. Napster was dumb by monitoring and hosting service on their network. The "Kazaa network" is THE INTERNET. The company that wrote the Kazaa program has nothing to do with this phantom network that they supposedly "maintain".

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  19. UYFB by Doc+Ruby · · Score: 2, Insightful

    Use Your Forgotten Brain. Just because it's not in the US, doesn't mean it can't smell like the stench surrounding the abuses of liberty that the US Patriot Act articulates. Abuse of law enforcement for private gain is not limited to President VP Cheney and his "Justice" department henchmen. I bet your "conservative" values think that librarians are commies, because they encourage sharing.

    --

    --
    make install -not war

    1. Re:UYFB by Casshan-Robot+Hunter · · Score: 0, Offtopic

      I'm afraid I am going to have to stop you on this one.

      Just because someone is 'conservative' does NOT mean that they are idiotic, nor foolish. I would be considered quite conservative, and I consider the Patriot Act to be an insult to everything this country was founded on and has stood for all these years. Just because some conservatives in office do horrible things, don't place the blame on all of us.

      After all, just because President Clinton was a flaming imbecile doesn't mean that I think that all 'liberals' are.

      As to the topic: This did take place in Australia, and their laws are different from ours. But, I can easily see this happening here. Get ready for the USSA.

      www.ornery.org

      --
      Why oh why didn't I take the purple pill?
    2. Re:UYFB by IhateEveryOneEqually · · Score: 0

      Can we leave politics out of this. I could care less if your an uptight a**hole conservative or a whiny little b*tch liberal

    3. Re:UYFB by Anonymous Coward · · Score: 0

      Just to make sure we're all on the same level, he is a whiny little b*tch liberal.

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

      I am crying in my little blue boots, oh no. You have made me so sad that I'm going to eat a burrito. Biatch.

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

      I agree. Signing up for a Slashdot user account with the name "Doc Ruby" is the ultimate proof that you have guts.

    6. Re:UYFB by Doc+Ruby · · Score: 0, Offtopic

      Why stop me? gangien's .sig claims he's "conservative", yet he defends the Patriot Act, which you agree is an agressive destruction of liberty. That's idiotic, or worse. None of the people under discussion here are "conservative" - at best, they're all reactionary, or retro to some imaginary history that never existed.

      As for Clinton's imbecility, whether you believe he was ethical or not, he was clearly extremely smart. And just because the fake "conservatives" running the US now are actually stupid, doesn't mean that I think that all stupid people are fake, or "conservative", nor do I think that all "conservatives" are stupid or fake. I just don't think anyone has any idea what "conservative" even means anymore, except a brand of "winner" in American politics.

      As for the topic, the Patriot Act looks like fascism, as does the Australian raids on Kazaa's staff's homes, QED.

      --

      --
      make install -not war

    7. Re:UYFB by Doc+Ruby · · Score: 0, Flamebait

      You "hate everyone equally". What does your prattle about politics, your prissy self-censorship, failure to punctuate, and misuse of the simple phrase "I couldn't care less" matter, nihilist?

      --

      --
      make install -not war

    8. Re:UYFB by Anonymous Coward · · Score: 0

      Here's a better idea: why don't you quit being a little bit--oh what's that? What's that I hear. I think it's the flower children calling!

      You really need to dust the sand out of your vagina.

    9. Re:UYFB by Doc+Ruby · · Score: 1

      An archetypical Anonymous Canard, right down to the hyperbolic fallacy of the excluded middle. You should feel honored that I condescend to reply to your gibberish, not to mention allow even the minimal intimacy afforded by my consistent user ID. I have nothing to prove to you, nonentity Anonymous Coward.

      --

      --
      make install -not war

    10. Re:UYFB by Anonymous Coward · · Score: 0

      Of course, "Doc Ruby". I cannot wait to get my own user account (which will be called "The Ultimate Fartknocker") and be as cool and as credible as you! After all, there's nothing which adds more to one's credibility than the ability to constantly post obvious karma whoring crap and getting modded up by people who are just too afraid to get punished in metamod themselves. The system works, it's obvious!

    11. Re:UYFB by IhateEveryOneEqually · · Score: 1

      Well now I hate you a little more.

    12. Re:UYFB by Doc+Ruby · · Score: 0, Flamebait

      imbecile: see Anonymous Coward

      Learn to parse a sentence, dolt. I allowed you the chance to dislike Clinton based on ethics, which is at least arguable, while trivially denying your charges of "imbecility". Are you really sticking to your asinine assertion that Clinton was stupid? I feel only contempt for your futile failures to frame this discussion in your own distorted terms. You'd have to say something meaningful to make me angry.

      --

      --
      make install -not war

    13. Re:UYFB by bigmattana · · Score: 0, Troll

      Dude, you've got problems, and so do the moderators who modded this insightful. From your grammer, I would guess you are about 11, but you sound like you have been listening to some sort of propaganda for at least 15 years. Not everything has to be turned into a political argument. I get so freaking tired of trying to read comments on an article and most of the comments modded high enough for me to see have nothing to do with the original topic, but are spawns of nutjobs who hate people who don't think like them.

      Do yourself a favor and actually learn what the Patriot Act does, preferably from a real lawyer, not from where you get your usual propaganda. If you are still so against it, wait until an article about the patriot act comes up, and give a real comment of your own instead of making fun of others' comments

      By the way, values don't think, people do.... well at least some people.

    14. Re:UYFB by Doc+Ruby · · Score: 0, Flamebait

      Come meet me here in the streets of NYC, where we know that "I could care less" is a feeble attempt to sound even more smug than "I couldn't care less", while just sounding like a moron. Sarcasm requires an apparent contradiction between the remark and the condition remarked upon, while this clown's ability to care is beneath notice or contempt. Now that I've schooled you in irony, toddle along and use it on some other Anonymous Cowards - it'll at least keep you children from playing in the street.

      --

      --
      make install -not war

    15. Re:UYFB by Doc+Ruby · · Score: 1

      Don't let me interrupt your nonsequitur hallucinations, hippie.

      --

      --
      make install -not war

    16. Re:UYFB by Doc+Ruby · · Score: 2

      Thanks for proofreading my post: my problem was typing "think" instead of hold, in a sentence that would have said "I bet your "conservative" values hold that librarians are commies, because they encourage sharing", if I had proofread it more carefully myself.

      In gratitude, I will call your kettle black: that last sentence of your first paragraph was a run on sentence, more comprehensible if changed to "...comments on an article where most are modded...". Oh, and it's spelled "grammar".

      I've been thinking for myself for decades, and I don't plan to take your patronizing advice to stop now. I've read the Patriot Act. As have the judges who are starting to throw it out as unconstitutional. The people who are unlawfully detained are reading it, and most of them are being released with nothing but hatred for American "justice" regardless of whether it's the heinous Patriot Act, or any of the more just laws. When I see someone being bashed in a thread for pointing out the similarities in the widespread abuses of justice plaguing our world, I'll defend them. Even if it offends your inability to stop reading a thread you find uninteresting. I'm not sorry that I interrupted your flow of infotainment with an important relevant issue. You can go back to your snug world of denial, but don't expect me to join you.

      --

      --
      make install -not war

    17. Re:UYFB by hummassa · · Score: 1

      from your grammer ...
      yeah, and from your spelling you should be, what? 8?

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    18. Re:UYFB by Badanov · · Score: 1
      Use Your Forgotten Brain. Just because it's not in the US, doesn't mean it can't smell like the stench surrounding the abuses of liberty that the US Patriot Act articulates. Abuse of law enforcement for private gain is not limited to President VP Cheney and his "Justice" department henchmen. I bet your "conservative" values think that librarians are commies, because they encourage sharing.

      Lord, have mercy! And liberals think the Bush administration is paranoid!

      --
      Dawn of the Dead
    19. Re:UYFB by Doc+Ruby · · Score: 0

      Where's the paranoia, the irrational fear?

      --

      --
      make install -not war

    20. Re:UYFB by Anonymous Coward · · Score: 0

      You know, maybe I'll stick with the Anonymous Coward method of posting after all. Your focus on the aspect of who says something rather than on what is being said is pathetic and unworthy of someone who calls himself intelligent. I couldn't care less if you perceive my way of voicing my opinion here as 'invalid'. Just stick to your person-centric way of reading and enjoy those highly modded Slashdotting/WindowsSucks posts and the other +5 rubbish.

    21. Re:UYFB by shepd · · Score: 0, Offtopic

      >and misuse of the simple phrase "I couldn't care less"

      It means TWO possible things. Both phrases can be interpreted, validly, in two opposite ways. It depends if you are looking at the current or future state of the person.

      "I could care less about cars"

      Indicates either that, on a "care" scale of 1 to 10, you're at a 10, and therefore care more about cars than the minimum (you are positive towards them in an immediate manner), or, that, on a scale of 1 to 10, you're at 2, and therefore could (and shall) care less about cars than normal (you are negative towards them in a future manner).

      "I couldn't care less about cars"

      Indicates either that, on a "care" scale of 1 to 10, you're at 1, and therefore hate cars more than you ever will (future), or, you are at 10, and love cars to death at that moment to the point that it would be impossible for you to care less (immediate, although this example doesn't clearly show it, unfortunately).

      This might help, a bit.

      Some are mistaken, that's because they forget to visualize the scale not as two dimensional (love and hate), but as three dimensional (love, hate, and time). When a time component is added, one can see the phrases' meanings reverse. And yes, I love them both -- complaints about them are a perfect example of what happens when one limits their thoughts to the present, and not the future. I could, and couldn't, care less about them.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    22. Re:UYFB by Doc+Ruby · · Score: 0, Offtopic

      Your exposition underscores my point. "I could care less", in the context of disinterest, is some kind of threat to care less about something, which ironically matters little to an adversarial opponent. Or "I could care less" is a similarly irrelevant warning, no less silly for being inaccurate, that it is impossible for the utterer to care less, because they care so much. Either way, reversing the sense of the well understood "I couldn't care less" is no way to obtain emphasis of the original sense. To the experienced ear, it is a sign that the utterer is used to repeating catchphrases without parsing their meaning.

      BTW, without getting too philosophical about the oppositions of love, hate, and dispassion (philology alone is esoteric enough right now), love/hate and time are two dimensions, not three, unless you are somehow positing a state where you love and hate cars, now and later. Only in some kind of tightly closed society would the phrase "I couldn't care less about cars" mean that abstruse superposition of states.

      --

      --
      make install -not war

    23. Re:UYFB by Anonymous Coward · · Score: 0

      Funny that you're still talking about acting like real persons (adults, even?) and milky faces when you must have seen some logged-in peoples' homepages by now. You should really get off your high horse, because that horse looks rather like a pony to other people, you know.

    24. Re:UYFB by Anonymous Coward · · Score: 0

      Taken seriously? If something so trivial as a poster's identity taints your thinking, how are you even expect to be capable of taking an idea seriously? Ideas stand on their own merits; people are just vessels for ideas.

    25. Re:UYFB by shepd · · Score: 1

      >"I could care less", in the context of disinterest, is some kind of threat to care less about something, which ironically matters little to an adversarial opponent.

      Immediately, no. Assuming the opponent wants you to care more, your attitude would be considered far more displeasurable than someone who is already at their bottom of caring about something, wouldn't it? Which is the point, right?

      Which bugs you more? Someone saying they'll continue to care even less in the future about something you love, or someone who says they are caring, right now, as little as they believe possible?

      >Either way, reversing the sense of the well understood "I couldn't care less" is no way to obtain emphasis of the original sense.

      Which is well understood depends heavily on where you are... the alt.usage.english FAQ explains this best:

      The idiom "couldn't care less", meaning "doesn't care at all" (the meaning in full is "cares so little that he couldn't possibly care less"), originated in Britain around 1940. "Could care less", which is used with the same meaning, developed in the U.S. around 1960.

      (No, they don't conclude which is "right", leading one to assume that what's right depends on where you are located when speaking the phrase).

      >love/hate and time are two dimensions

      Again, how do you view love/hate? To you, is hate a zero-gain emotion, and love a positive emotion, without a neutral? Or is hate a negative emotion, and love a positive, with a neutral state (and many others) between?

      To have a negative requires a double-ended scale, and that means two dimensions (a point on a line,) rather than a simple on/off decision (you either love it or you hate it).

      To me that implies two dimensions: A love dimension, and a hate dimension. And, yeah, in my world, you *can* love and hate something; both at the same time. I love honey dip donuts with sprinkles, but I hate the way they always end up stuck in my teeth.

      Although, I suppose it's all just nitpicking, really. :-)

      >Only in some kind of tightly closed society would the phrase "I couldn't care less about cars" mean that abstruse superposition of states.

      Hey now... are you trying to say Americans are better, or worse, than everyone else (or just no opinion at all?) Hmmm... I'm Canadian. I guess I get to decide which is right (why the hell does he go to so much trouble, and yet not clear this up?!) Thank God for not being mentioned.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    26. Re:UYFB by Anonymous Coward · · Score: 0

      woah .. i didnt know howard dean posts at slashdot.

    27. Re:UYFB by Anonymous Coward · · Score: 0

      Obviously you are another retard who throws around the word 'conservative' without knowing its meaning.

      Go get a dictionary and lookup the following words:

      conservative - limited government in all aspects
      socialist - heavy economic control
      facist - heavy social/behavior control
      communist - both social/economic control

      moron - .... I will let you read this entry for yourself

    28. Re:UYFB by Anonymous Coward · · Score: 0

      > To have a negative requires a double-ended scale, and that means two dimensions (a point on a line,)
      > rather than a simple on/off decision (you either love it or you hate it).

      Interestign reasoning, only one problem..
      A point on a line requires one dimension, not two.

      Negative and positive are different manifestations of the same thing etc.

    29. Re:UYFB by Anonymous Coward · · Score: 0

      can't be arsed to argue with dictionary definitions.. the trouble is, the label conservative is NOT descriptive of what is currently (in the US at least) CLAIMED to be 'conservative'..
      I would more properly define an imperialist oligarchy as 'facist'
      notwithstanding the claims to the contrary.

    30. Re:UYFB by KermitJunior · · Score: 1

      Dude, I know that technically it was offtopic, but you should be modded to INSIGHTFUL or INFORMATIVE. I actually feel smarter for reading that.

      --
      There is a Universal Life Value Check it
    31. Re:UYFB by Anonymous Coward · · Score: 0

      He's just trying to hide his own insecurities. He relies on the moderation system and user accounts to surround himself with yes-sayers who share his opinion. What's more pathetic is that he actually thinks he's "provocative" (see his journal) when in reality he only seeks to conform.

    32. Re:UYFB by Anonymous Coward · · Score: 0

      If you have to look at the person to judge the words being said, you are not listening.

      If you believe that the only way to say somethign usefull is to have an identity then you are absurdly close minded.

    33. Re:UYFB by Anonymous Coward · · Score: 0

      dude, did you just get a word a day calander for Christmas or what?

    34. Re:UYFB by Anonymous Coward · · Score: 0

      Are you on drugs?

    35. Re:UYFB by Anonymous Coward · · Score: 0

      you really are a total fucktard, aren't you ?

      is the view nice, up there on your high horse ?

    36. Re:UYFB by Anonymous Coward · · Score: 0

      is the view nice, up there on your high horse?

      I dunno how the view is up there, but it did provide him with the perfect location from which to piss all over your arguments.

    37. Re:UYFB by bigmattana · · Score: 1

      I would hardly agree that the parent post was bashing anyone, it was simply stating the obvious in a fair and at least someone respectful way. You, however, seem to have "bashing" down to an artform.

      I could care less about your position on the Patriot Act. That was not the point. (In fact, I do believe that one part of it should be removed, but I also doubt that you have read it.) You are such an idealogue incapable of understanding others' points of view that as soon as you see the word "Patriot Act" or "conservative", you go nuts, bashing anyone in your way. Of course you have the right to post off-topic posts, and I am perfectly capable of ignoring off-topic threads, but one has to read part of a comment to realize that it is off-topic or uninteresting. Combining that with Slashdot's extremely biased moderators who would rather use their mod points on off-topic posts bashing conservative ideas than on those posts which offer insightful comments on the original topic, makes finding interesting or informative comments very difficult.

      By the way, long and ungraceful sentences are not necessarily run-on sentences. However, if you don't like long sentences you are probably quite frustrated if you have made it this far.

    38. Re:UYFB by Anonymous Coward · · Score: 0

      Biatch?!? That's so offensive, I'm going to have to wash my eyes out with soap just from reading that word.

      Goddamn it, now I have to wash my hands for typing that word. Shit, I typed goddamn, too.

    39. Re:UYFB by Doc+Ruby · · Score: 1

      If you read the replies, you'll see that the ideas are criticized, although the poster is sometimes called out as a swamp from which rotten gas emanates. With a user ID still preserving the poster's anonymity, it only provides a consistent persona which groups posts together. So replies to those posts can be focused, arguments informed by past posts can be formed. People are stateful, we're more than vessels for ideas, especially the kind of ideas that are signature of the critical Anonymous Coward.

      --

      --
      make install -not war

    40. Re:UYFB by Doc+Ruby · · Score: 1

      "I could/n't care less" reminds me of expressions like "cleave", which have taken antonymic meanings from their usage. I don't like them, especially in low-context anonymous Internet posts, because they're too ambiguous, but often inflammatory. Bad rhetoric. Not so bad for characterization, or even poetry.

      As for love/hate, human emotion is too complex to reduce to orthogonal axes. Love opposes hate, but both are passions, which opposes indifference. It's more of a fuzzy set membership than strict dimensionality, not limited to your love of eating donuts in spite of their effect on your smile.

      BTW, the "tightly closed society" to which I refer is a syllogistic theoretical society in which any arbitrary utterance might refer to any arbitrary phenomenon, which I emphasized by referring to a state of love+hate+dispassion as "abstruse". I did not refer to my (or our) society, although a valid inference might be that our society is not tightly closed. I like Canada, even if Canadians talk funny, especially outside Montreal ;).

      As to the effect of the threat to care less as more damning than the declaration of no caring, that of course depends on the speaker, the object of care, and the relationship of both to me, especially with regards to my degree of care for either of them. But usually a rhetorical threat to care less doesn't bother me, as I'm pretty immune to emotional blackmail, especially in a rhetotical debate. And from the context, it's almost always clear that they're not threatening that, they're blithely declaring that they don't care, albeit incorrectly.

      --

      --
      make install -not war

    41. Re:UYFB by Anonymous Coward · · Score: 0

      having the last word again?!

    42. Re:UYFB by JET+666 · · Score: 1

      Time to remove that hand

      --
      De sig boss de sig
    43. Re:UYFB by Doc+Ruby · · Score: 1

      Rightwing Anonymous Coward, your orwellian newspeak betrays your agenda to pervert language to get what you want, without regard to meaning or integrity. I debunk your sloppy lies with facts:

      conservative - limited government in all aspects
      conservative: resistant to change
      You refer to the myth of the "Conservative", like the liars in the White House, and their Republican Congress of lackeys. Where's the limit to this weeks $2.4 TRILLION budget? Only the truth is limited, when even that literally astronomical number hides the extra costs of the ongoing quagmire wars in Afghanistan and Iraq. In reality, it's a mafia of organized, murderous criminals, controlling the state to extract money and property from the people and transfer it to their mafia.

      socialist - heavy economic control
      Socialist: cf Socialism: central economic control and planning
      In modern societies, like the "totalitarian" Canada, Mexico, Britain, France, Germany, hell, most every other modern society than the US, the government owns "natural monopolies" as a proxy for the people, rather than allow them to be neglected or abused by orivate owners.

      facist - heavy social/behavior control
      Fascist cf fascism: government control by fear
      Today is Orange Alert! No, it's Yellow! Wait, there's credible chatter about a dirty bomb! Iraq has nukes on 45 minute alert! If you have nothing to hide, you'll submit to constant surveillance!

      communist - both social/economic control
      Communist cf communism: Either collective ownership of property, or the Soviet perversion of the theoretical economics in which a mafia state owns everything, and people own nothing, unless they control the mafia.
      Gee, sounds like Cheney's corporate paradise.

      So they're pretty similar, the "Conservative" and the "Communist", once the propagandic language is ripped away. It's no coincidence that the librarians of America are organized in unprecedented opposition to your orwellian masters: they've read the book!

      moron - .... I will let you read this entry for yourself
      I will be happy to read it aloud to you sometime, going slow for the hard parts, and even drawing you a picture if it makes you stop whining your lies

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    44. Re:UYFB by jsdkl · · Score: 1

      I've read the Patriot Act.

      How did you manage that? Do you have a copy of the entire US Code? I've read some of the PARTRIOT Act but quickly realized that nearly everything in it was referencing single word changes to hundreds of laws.

    45. Re:UYFB by Doc+Ruby · · Score: 1

      I point out your fallacy of the excluded middle: I state only that posts from an identity are more serious. I have slapped so many selfserving Anonymous Cowards in this thread, without even knowing if they're all the same twit, that I will merely refer you to those other rebuttals. Your Anonymous oversimplification is tiring and Cowardly.

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    46. Re:UYFB by Anonymous Coward · · Score: 0

      Pot. Kettle. Black. Socialism has nothing to do with heavy economic control, any more than Christian is to do with heavy regulation of speech.

    47. Re:UYFB by Doc+Ruby · · Score: 1

      If the view weren't spoiled by imbecilic posts from Anonymous Cowards... what *is* a fucktard? What were you doing when someone called you that?

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    48. Re:UYFB by AliasF97 · · Score: 1

      You don't have any idea what you're talking about. You're picking one definition from each word to prove an off-base point. Didn't you notice the (1) (2) (3) next to the individual definitions? Did you notice that "conservative" also meant "moderate" and "cautious"? And I don't know what you're trying to categorize as "communist," but I gather you've never really read Karl Marx, have you? A "corporate paradise" would really be against Marx's ideals, being that there's no real hierarchy in true communism. A closer estimation would be if labor unions overthrew the government and all corporations, which, I guarantee you is not in Cheney's agenda. A still yet better example is all of the communes that sprung up in the U.S. in the 60s. Get it? "COMMUNe" "COMMUNism" - It is a concept whereby everyone puts in an equal share and everyone gets out an equal share. The biggest problem is that many people are inherently lazy, so they tend to want to "take" without "giving". The Soviet Union tried to accomplish this "equal sharing" through a central government, which is really not what Marx was advocating. The Soviet Union was no more "communism" than America is a "Democracy" (in actuality, it is a representative republic...true democracies, if my knowledge of history serves me correctly, existed in some ancient greece cities) Now, let's take a look at the political spectrum for a minute, because you're all over it and I have no idea where you're trying to place Bush/Cheney. Politically speaking, Fascist=far right...Socialism and Communism=far left. Conservative, and Liberal, could be anywhere, but conservative would fall on the right side of whatever system the "conservative" is rooted in, and liberal would be on the left. So, keeping this in mind, you accuse Bush/Cheney of exhibiting traits that are to the right and the left end of the spectrum...which would place them at the center...which, I imagine, is not where had meant to place them. So, I believe it is you who is perverting language...or should I say, selectively choosing definitions...to prove your point. Perhaps if you spent less time picking out cool-looking words from the dictionary and more time studying their meanings, you would be slightly more convincing. I'm carrying on, but I have to address your cute little references that you throw in here... 1)it is possible to be Republican without being Conservative. In fact, a lot of "Conservative" Republicans are furious about the deficit and the spending. Bush, at least in my estimation, may be a Republican, but he is certainly not "Conservative" 2)You wrote - "In modern societies, like the "totalitarian" Canada, Mexico, Britain, France, Germany, hell, most every other modern society than the US, the government owns "natural monopolies" as a proxy for the people, rather than allow them to be neglected or abused by orivate owners." Most of the countries you mentioned actually have a thriving private (orivate) sector. And abuse is a two-sided coin. Would you rather give absolute "totalitarian" control to a government that you, at the same time, so vehemently despise? And if those governments are doing so much of a better job than the U.S., then how come so much of the world's economy is dependent on the economic situation in the U.S.? 3) Aren't people like you the ones who were complaining about how the government gave no warning about Sept. 11? Now you're complaining because the gov't is giving warnings. If they didn't raise the alert, and a building went down, you'd be screaming your head off again. 4)I believe I've addressed this already 5)"double talk" find me a definition for this one, Webster.

    49. Re:UYFB by Doc+Ruby · · Score: 1

      Apparently you don't actually read my posts, you just scan for buzzwords. I find it creepy how much a caricature of a wooden archetype is the noisy "Conservative" today. Predicable characteristics feature the otherwise ironic projection of the rightwinger's own flaws inappropriately onto the threatening behavior of their critic.

      My sentences, when I'm willing to believe there's a reader who will appreciate them, maintain constructions appropriately complex to what they describe. But that:

      I get so freaking tired of trying to read comments on an article and most of the comments modded high enough for me to see have nothing to do with the original topic, but are spawns of nutjobs who hate people who don't think like them.

      Is a runon sentence, typically sloppy thinking that grammatical conventions would tidy on rephrase. Instead, you apparently parse your own speech about as closely as you parse mine. While I prefer to use your own words against you, as I commonly find them your own worst enemy. If I cared what you think, I would ask you for your description of my "ideology". I'm really just amused by your hypocritical namecalling.

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    50. Re:UYFB by Doc+Ruby · · Score: 1

      I haven't corresponded with all the Anonymous Cowards attached to this story, but I reject the unacceptable ones with whom I have. The mechanically obfuscatory legalese is just one theme of that inhuman permission slip. The patronizing "don't worry your pretty little head about this law, the experts will figure it out for you" theme is one of its most identifiable common grounds with the work of historical fascists.

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    51. Re:UYFB by gangien · · Score: 1

      Use Your Forgotten Brain. Just because it's not in the US, doesn't mean it can't smell like the stench surrounding the abuses of liberty that the US Patriot Act

      My brain is forgotten???? the article was about an incident in australia. Even if it WAS in the US, it would not be under the patriot act because the patriot act extends (for better or for worse) the rights of the GOVERNMENT.

      I bet your "conservative" values think that librarians are commies, because they encourage sharing

      Yeah that's right, that's why I use linux and even have my own website with all the source code to my programs made available. Once again jump to conclusions.

      Oh but you get modded insightful and I get flamebait.

      Now then, perhaps what would of been a somewhat reasonable statement by the parent poster, is that he is noticing a trend, in the world, and used the patriot act as an example. What he said and what you said are directly connecting two things that cannot be directly connected.

    52. Re:UYFB by Anonymous Coward · · Score: 0

      For fuck's sake, stop trying to have the last word.

    53. Re:UYFB by Doc+Ruby · · Score: 1

      No, I'm just very smart, but thanks for the compliment.

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    54. Re:UYFB by Doc+Ruby · · Score: 1

      Better to stick with just reading the posts. That way we don't have to guess at the nonentity behind the shallow language. The irony of slapping you Anonymous Cowards is that all we have to go on is your posts, and the way you phrase them. We can't see your pimply, milky faces, the twitching fear that haunts your gaunt faces, the blinders strapped so tightly to your skulls. All we know is the fallacies of your posts, and the semiliterate style with which they're foisted on us.Getting a consistent identity, even the contrived identity of a Slashdot user ID, is a step towards being taken seriously. You'll be surprised at how much confidence you will gain when you start acting like a real person, how your fear will melt away, how you will get the jokes that previously only intimidated you. I won't apologize for being interested in people, and for writing off cowards as worthy only of contempt when they attempt to criticize without rhyme or reason. That ain't writing - that's typing.

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    55. Re:UYFB by Doc+Ruby · · Score: 1

      When you get past the brand names on these political organizations, you can see how similar are their results and methods. "Conservative" and "Liberal" are words used to motivate people in different contexts to do differnet things, not consistent descriptions of actual people, who are much more complex, even when banding together for common aims. The Soviets and the state capitalists like we have in the US might have roots in different movements, but they are both just mafias, coercing tribute from the people with the threat of force, to feed the industries they control, while keeping the profit among the cronies of the rulers.

      As for the WTC planebombings, most people here in NYC would prefer that the government had scrambled its fighter jets in the usual 10 minutes to intercept the offcourse passenger jets, rather than the 90 minutes it took. And we'd rather that the entire $250G spent over the past couple of years was targetting Al Queda, rather than Iraq, so we'd have some closure at least in Afghanistan. And nobody here is served by the DHS alerts which never connect with any reality, but do spread fear as their mechanism of public control: fascism.

      Moving on to the US economic preeminence, the >10% of Americans who have no jobs, while the rest have uncertain medical, environmental and educational prospects, would envy the foreign socialist workers, if American media ever portrayed them. Foreign envy of the US tends to dim a lot when they get to work here, except in the few highest paying sectors. The measure of a society's success is not merely in its dollar output, but in the wellbeing of its citizens.

      As for your baseless confrontations, I started reading Marx with his _Communist Manifesto_ 20 years ago, and have also read Engels, as well as the rest of the 19th Century German philosophers upon whom he based his dialectical materialism. I note that Marx was a professor of philology, and would be right at home in this discussion of political meaning. I, however, as a successful American capitalist, would not be at home in his "workers paradise" at "the end of history", but I sure did appreciate the sanity of Canada's social fabric.

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    56. Re:UYFB by Doc+Ruby · · Score: 1

      "UYFB" was a quip at the "RTFB" shot in the message to which I replied. When people's hands jump to the keyboard to slam someone pointing out that other countries, like Australia, have their own rising tide of unaccountable government intimidation, which serves nothing but corporate control of profits and power, without considering that such parallels abound, even across jurisdictions, that's forgetting your brain - the spinal cord is in charge.

      Your brand of "conservatism" suits you, I suppose, but don't pretend that it makes you part of any consistent ideology except some kind of perceived political "winners". It's interesting that you are attacking me, but not the original poster, when my posts are just articulating exactly the same point about Australia and the US. While I am flattered to be recognized as "insightful" by Slashdot moderators, who usually find such amplification and elaboration "redundant", I really am not distracted by the moderation as much as by the responses. And with the info content, even referential, of your posts so low, I don't find their negative moderation to be inaccurate. There's a difference between vehemence and flaming - getting the hang of it leads, at least, to much more entertaining flames.

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    57. Re:UYFB by Anonymous Coward · · Score: 0

      Doc,
      You're right about a couple of things...and of course I disagree on a couple of others. As a fellow NYer, you're right; most of us here in NYC would have liked a lot of things to go differently on Sept. 11.

      On Afghanistan, I mostly agree with you. It was ridiculous to leave only 9,000 troops in a warzone that was nowhere near secure to go pursue another "enemy". If we would have secured the country and helped the people return to some semblance normalcy, we would not only have gained more credibility and trust, but we would have been able to get intelligence agents into previously unaccessible areas, thereby tracking the movements of al Qaeda. This course of action, in my amateur opinion, would have allowed us to go to the UN and say, "Here's where al Qaeda is going, country 'x' is sheltering them, and here is the proof."

      On the economical issue, I have to disagree. Firstly the unemployment rate is nowhere near 10%. Last month it was 5.6%. Furthermore, while U.S. citizens often go to Canada because drugs are cheaper, a lot of Canadians come to the U.S. because of the quality of health care received. There are benefits to both health care systems, and as for me personally, I would rather fix the problems (and I concede that they are sizeable problems) with our current system. The timeliness and the level of service for procedures in the U.S. is definitely above average. Next, the education system here gets an awful lot of funding. There are significant flaws in how that money is spent and distributed, however. But if our education system was so deplorable, then why do so many people, including the very terrorists who are trying to kill us, come over here to study?

      You cited Mexico as one of your socialist constructs, if I'm not mistaken. Do you think U.S. workers would envy the workers of Mexico? If that's the case, then why do we have such an uncontrollable problem at the border? Last I checked, U.S. citizens were not flooding into Mexico, or even Canada, for that matter, which you also cited.

      About Marx...I never said I agreed with his works, I was simply pointing out that his views were the polar opposite of Cheney's. You were trying to call Cheney's "corporate paradise" communism.

      Lastly, for "conservatives" and "liberals," they can be used to describe viewpoints, as long as neither is painted as a "dirty word". The problem is that talk radio shows throw those two words back and forth at each other, linking them to the two major parties, and that's when they become, as you said, "brand names" (I like that, by the way).

      Sorry if I came off abrasive in my last post. I'd rather debate than argue.

    58. Re:UYFB by gangien · · Score: 1

      When people's hands jump to the keyboard to slam someone pointing out that other countries, like Australia, have their own rising tide of unaccountable government intimidation

      When the article is ABOUT AUSTRALIA and he blames the patriot act, and when it says so in the littel blurb... and he doesn't connect it at all.. wow. Well think how you want, but connecting across so many things like you seem to think is approriate gets you in trouble rather fast.

      Your brand of "conservatism" suits you

      Why do you keep labeling me? It says i'm conservative in my sig, pointing it out is quite redundant.

      It's interesting that you are attacking me, but not the original poster, when my posts are just articulating exactly the same point about Australia and the US

      I already have said what I think about the original poster's comments.. why should i repeat them again? because /. has modded them down.. shocking. DOn't miss a chance to try and associate something with the patriot act no matter how far fetched.

      And with the info content, even referential, of your posts so low, I don't find their negative moderation to be inaccurate. There's a difference between vehemence and flaming - getting the hang of it leads, at least, to much more entertaining flames.

      there's a reason it's so low, you're logic is non sequitur. It's hard to argue against something that doens't make sense. Of course you don't find the moderation inaccurate. You want to blame everything on the Patriot Act and by doing so get modded up. Join the club.

    59. Re:UYFB by Doc+Ruby · · Score: 1

      Cheney's corporate paradise is similar to the Soviet industrial system, where the mafia in power extract the surplus value of labor for profits channeled entirely to their few cronies, who control the industries. Call them "Communists" or "Conservatives", they're neither. They're mafia, crony capitalists who rule the people with secrecy and intimidation, while exploiting them for all the profits.

      Mexico's socialism is what keeps their ravaged country, exploited for centuries by their own mafias, domestic and foreign, from complete collapse. If they had California's economy, it would resemble California of the 1930s, a carpet of Hoovervilles connecting a few wealthy enclaves, armed to the teeth, and moments from revolution. Meanwhile, some Mexicans take risks for the tradeoff in neighboring US, where the possibility of success is worth the often lethal chances of failure. A combination of the two systems, which preserves the chances to get rich, while harnessing that success to keep the failures from ganging up and stealing the rich's success, is what we see in Canada, and across the modern societies we recognize in Europe, Asia, and around the world. Of course, socialism can also be improved to avoid waste and subsidizing their own cronies, but they're ahead in the game of humanism.

      Canada's health care system is a good model, at least in Ontario, which I am familiar with. Like Mexico, Canada's socialist system is mitigating problems we don't have in the US, like a dispersed population, and a harsher climate, so it starts out a square behind. While Canadians come to the US for some advanced treatments, they return to Canada, where they spend their lives looking forward to a couple of decades of retirement. Their retirement isn't haunted by the specter of spending their last 5-10 years dying, bankrupting themselves and often their family. Those expenses are deducted from the money their family uses for education, housing, and other ways to improve their economics in the next generation. One result is that old people aren't shunned, sent to medical experts, but rather continue to influence the family from a position of respect, which benefits the family with wisdom and steadying perspective of experience. Whereas we stock Florida with our aged, and look at the travesty of that setup: the disgrace of the Union. The effect on our culture's sanity, of the medical lottery for heroic life extension options, at the expense of life quality (at the end, and throughout), is devastating - fear of aging is a powerful neurosis that stunts our ability to mature as a people, keeping us collectively teenagers, while we wield the power of adults.

      The 10% unemployment figures are a rough guess, but they're real unemployment, not the fake numbers published by the government. They've always been misleading, because they count only people "actively looking for work". They don't count the 1M Americans working in the military, who destroy economic products, rather than produce things. They don't count the people on welfare or other subsidy, who don't look for work, or the "discouraged", or those "off the books" who don't get benefits or work in legal conditions, or those who are just living off handouts, like the 5M+ homeless, or those who live off stealing or other criminal careers, or the 1M people in jail, or those who have some other means to eat most days, while not reporting to the government that they're looking for work. Add 'em up: that's over 10M people right there, out of 280M, about 3.6%, plus the "5.6%" is over 9%. And I haven't gotten to the people in "jobs" counted by this administration, which, like every Republican administration since Eisenhower, has cooked those numbers every year to meet targets inside specific laws, to fake performance to win rewards elsewhere in their favored economy.

      All these problems are a drag on our country, which without them would be a true marvel. We're already one of the best places to live, with our combination of personal freedom, options for safety, economic oppo

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    60. Re:UYFB by Doc+Ruby · · Score: 1

      No one whom you're attacking has said the Patriot Act is in effect in Australia, just that their corporate cops' actions are similar to those powers now available to American cops under the Act. Specifically, disproportionate powers to invade personal privacy and property, triggered by allegations of information impropriety. Drawing that parallel illuminates both the Australian travesty as well as the American.

      If you disagree, draw your own, better, parallel, or point out the inevitable differences between the situations. But when you instead attack the poster with mere assertions of "they're different", with no explanations, and whine about mistreatment by moderators, you convince no one of anything, except of your weak logic. For example, I only called you "conservative", and proceeded to pick at your inconsistencies there, because of your selfidentification in your .sig. Then you complain that you state you're conservative in your .sig. Going around in these circles is getting tiresome, but still worthwhile because your fallacies are so common, that it's worth getting my frustration with them out in these theraputic posts.

      I don't "blame everything on the Patriot Act", so I won't defend that straw man argument you have concocted for me. As you reveal flank after flank in this disputatious thread, I am learning a bit about where your flawed reasoning comes from, which is useful in deflecting its trivial attacks when it inevitably resurfaces in another disagreement. Your mistakes are no less important for their common occurrence.

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    61. Re:UYFB by gangien · · Score: 1

      Doc posted:
      No one whom you're attacking has said the Patriot Act is in effect in Australia,...

      Original Poster:
      understand raiding the offices but the homes to? This smells a lot like the US patriot act

      BTW I never said that you couldn't connect them, but connected them like the original poster is what I have a problem with.

      If you disagree, draw your own, better, parallel, or point out the inevitable differences between the situations. But when you instead attack the poster with mere assertions of "they're different", with no explanations, and whine about mistreatment by moderators, you convince no one of anything, except of your weak logic.

      I never once said I didn't think there was a trend or parallel or whatever else here. My problem, if you would READ my posts are with this automatic jump to blaming the patriot act or more generally Bush or Clinton or whomever.

      I also never attacked anyone like you keep saying. I said RTFA because he should, he was after some quick karma and got it. Maybe he did read it, though, then I would expect a more intelligent post than that. My inconsistances?? I've not taken a stance on ANYTHING in this thread except that you can't blame something on something's cousin. whic the orginal poster did.

      I am learning a bit about where your flawed reasoning comes from, which is useful in deflecting its trivial attacks when it inevitably resurfaces in another disagreement

      My flawed reasoning? You're defending someone who jumped to a conclusion against being told that he jumped to a conclusion.

    62. Re:UYFB by Doc+Ruby · · Score: 1

      "Blame" is a fool's game. Those of us with an actual political sense, or sense of history, or gut reactions to tyranny, are identifying the rising tide of fascism wherever it taints our shores. Watch how the media defends its monopoly on the official truth, while enjoying the spoils of their war on dissent. The US has the Patriot Act, in the disgusting wake of rightwing opportunism following the bin Laden planebombings, while other countries' political expediencies clad their fascist activity in foreign forms. It's all the same fascist, regardless of the uniform, and we find excuses to ignore it at our peril.

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    63. Re:UYFB by gangien · · Score: 1

      I said:

      My problem, if you would READ my posts are with this automatic jump to blaming the patriot act or more generally Bush or Clinton or whomever.

      Doc Ruby said:

      "Blame" is a fool's game.

      QED.

    64. Re:UYFB by Doc+Ruby · · Score: 1

      It has been difficult through this thread to read your repeated attempts to frame the original poster, Kyle Hamilton's, and my own statements that the Australian home invasions are somehow the Patriot Act itself in action. That's obviously not the case, and your attempts to argue against that find no takers in me (or anyone else). But that's all you've got: there's no denying that this action "smells a lot like the US patriot act". That's why even you, a "conservative", will not actually argue. This entire subthread reads as your straw man argument about the US act not applying in Australia, and the rest of us with sense avoiding your facile trap, sticking to the charge that Australia is not immune to the tyrranical abuses we see in the US in the form of the act.

      The Patriot Act is a law. If blame were anything but a fool's game, it still wouldn't make sense to blame the act, but rather the people who are perpetrating it. But only fools, with their self-absored rhetoric, are talking about blame, or "blaming the act". We who value liberty, and understand the actual threats to it, are watching you who would destroy it, or do nothing while those who threaten manage to encircle it.

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    65. Re:UYFB by gangien · · Score: 1

      That's why even you, a "conservative", will not actually argue.

      There's nothing to argue, all I said is that he jumped to a conclusion, which he did. You somehow miss the fact that I have said little else. But you use that as a reason to go off in tirades continuily(sp?) pointing out that I am a conservative.

      and the rest of us with sense avoiding your facile trap, sticking to the charge that Australia is not immune to the tyrranical abuses we see in the US in the form of the act.

      OK i have no sense, I also, according to you, feel that sharing is some sort of commie plot dispite, and I repeat myself, I have my own friggin open source website and use linux. The Patriot act increases the power of the GOVERNMENT, not a private company, and it does not increase it as much as you'd believe from reading slashdot posts. there is still judicial oversite for instance. Not that I am defending the patriot act, btw, which i have also NEVER done.

      We who value liberty, and understand the actual threats to it, are watching you who would destroy it, or do nothing while those who threaten manage to encircle it.

      Yeah that's me destroyer of liberty.. you assume all this fucking crap when I have not said one bloody thing other than he jumped to a conclusion.

  20. Re:Slugs by davebarz · · Score: 0, Offtopic

    hahahaha

  21. What you gonna do when they come for you? by Channard · · Score: 4, Funny
    Well, who's going to stop Billionares with cops?

    Trillionaires with Mafia support? (I mean Mafia backing, not people who threaten to make you sleep with the fishes unless you reboot your PC before ringing)

    1. Re:What you gonna do when they come for you? by hajejan · · Score: 1

      To be fair though, what do the italians have to do with anything?

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    2. Re:What you gonna do when they come for you? by kubrick · · Score: 1

      Trillionaires with Mafia support?

      What does Silvio Berlusconi have to do with this?

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    3. Re:What you gonna do when they come for you? by c4ll7 · · Score: 1

      gangster capitalism

  22. Is this at all important? by Zog+The+Undeniable · · Score: 3, Interesting

    The words "deckchairs", "rearranging" and "Titanic" spring to mind. Kazaa may be today's Napster, but unless I'm very much mistaken, P2P is just as popular as in the Napster days. The **AA can shut it down and it won't make the slightest bit of difference. I'm sure the big sharers were making plans to move to a different P2P network anyway, what with the lawsuits flying round.

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  23. Anton Pillar order by DreamerFi · · Score: 3, Informative
    The article (I read it, sorry - I'll hand in my slashdot ID at the end of this posting) mentions an "Anton Pillar order. From that article:

    One of the most painful aspects of all is the requirement after the order is served, usually within 14 days, to provide documentary evidence to the court, which PROVES that you own the software that is the subject of the court order (and may extend to PROVING that ALL software is legally acquired), by showing software compliance registers (an inventory approach), license numbers, discs and manuals, AND originals of all invoices from the SUPPLIERS of the software that you own.


    -John
    1. Re:Anton Pillar order by rokzy · · Score: 1

      that should be fine.

      the only part I'd have trouble with is the invoices since I don't keep them, but if I were a business I would.

    2. Re:Anton Pillar order by erroneus · · Score: 2, Interesting

      Don't you just love this "guilty until proven innocent" bullshit?

      Not only is the notion morally bankrupt, but it can bankrupt the innocent people while trying to prove innocense.

      But here's a question: I have read somewhere that in europe they have consequences for being wrong in filing a lawsuit. In other words, if you sue someone and it turns out you're wrong, you may have to pay the defendant damages in addition to paying their legal costs. I forget what this is called but it's one hell of a nice deterant to frivolous lawsuits. Does Australia have such law?

    3. Re:Anton Pillar order by Salsaman · · Score: 1

      So, what happens when they say: "we wrote it all ourselves" ?

    4. Re:Anton Pillar order by DreamerFi · · Score: 2, Informative

      No. I don't think it is fine at all. I don't know about other countries, but here in the Netherlands there's a limit to how long you MUST keep invoices, receipts etc, and that limit is only for documents that influence your tax forms. For companies it's longer than for individuals, but neither is as long as copyright lasts. It also means every time Mickey Mouse buys an extension, I get to buy new storage space, because I have to keep stuff around longer.

      -John

    5. Re:Anton Pillar order by mpe · · Score: 1

      The article (I read it, sorry - I'll hand in my slashdot ID at the end of this posting) mentions an "Anton Pillar order.

      A pity such orders are not available in Utah. Otherwise it would be very easy to shut down SCO.

    6. Re:Anton Pillar order by Pofy · · Score: 1

      Hmm, I suppose it means I need to get another bookshelf just to keep the receipts of all my books. And that doesn't include magazines, newspapers and so on. And what about my VHS tapes recorded from the TV, I probably need to keep documentation that I somehow had "access" to the content on them thorugh the TV signals I got. Luckyliy the receipts of my music CD collection could be kept in a small box, but I must admit I don't have any receipts at all for my old vinyls. Hmm, The only good thing about this is I do't live in Sweden, so I might get away with it unless I plan to move there.

    7. Re:Anton Pillar order by cthugha · · Score: 3, Informative

      If someone brings a frivolous action then they're likely to have costs awarded against them on an indemnity basis (as opposed to costs on a standard basis if they just lost without having been shown to have acted frivolously). Furthermore, a lawyer who assists in bringing a case s/he knows is baseless and is done for some ulterior purpose is likely to be forced to indemnify the client for costs, and may face disciplinary proceedings.

      Both the crime and tort of barratry have, however, been abolished in most Australian jurisdictions.

    8. Re:Anton Pillar order by NickRuisi · · Score: 1

      INAL, but if I remember criminal justice class properly, in the US, the "Burden Of Proof" would be on the plaintiff. I know that the BSA attempts to use tactics like this, and it's really too bad that companies settle with them for fear of court battles with them.
      I say, make the BSA (and those like them) convince 12 jurors (this is a crime, right) that company XYZ is stealing software from them. Call the cops and give them probable cause, which is what you need for a search warrant here. I could see it now..

      Software Company: We want you to arrest the CIO of company XYZ for software piracy..
      Cops: What did he do?
      Software Company:Stole our software
      Cops: OK, what evidence do you have?
      Software Company: Uhh.. doesn't everyone?

      A corporation should not enjoy the rights that human beings have. A copyright is not a magical thing that entitles the holder to bust down doors in the middle of the night.
      Oh, and on the PATRIOT act.. I, for one, am very pleased that our government is finally busting down the doors of the militant Islamics who want to kill me and my neighbors. It's too bad we can't do more..

    9. Re:Anton Pillar order by Anonymous Coward · · Score: 1, Informative

      I am a lawyer (an English one), so here are the requirements to be granted an Anton Piller Order (now called a searching order).

      1. An extremely strong prima facie case (i.e. the case looks very strong on the immediate facts)

      2. The potential or actual damage to the claimant if an order is not made must be very serious

      3. There must be clear evidence that the defendant has in his possession incriminating documents or things and that there is a real possibility that he may destroy such material before any application with notice can be made.

      Even if all these conditions are satisfied the judge may still refuse an order if he feels that it would be unjust to allow it.

      The first reported case of such an order being made was in 1975, although it takes its name (Piller, not Pillar) from a case in 1976.

      Judges (in England) recognise that these orders are extreme, and they have been described as "the law's nuclear weapons".

      --J

    10. Re:Anton Pillar order by Anonymous Coward · · Score: 0

      Yes, well that is what you get for leaving the Commonwealth (British Empire)!

  24. Yet more bogus damages calculations by darnok · · Score: 5, Funny

    The ZDNet article points out that if all the "pirated" tracks in Australia were purchased for $A0.99, then the record companies would be $2b better off.

    As of now, my understanding is that Apple sells tracks for $US0.99, and is in pretty close to a breakeven state for iTunes (this may have changed recently, as surely the sheer volume going through iTunes would cause them to move into profit at some point). Regardless, it seems that $US0.99 is pretty close to the breakeven point, and you'd assume the breakeven cost in Australia would be no lower than that given the population is so small - let's cut the record companies some slack and assume $US0.90 is the breakeven point for online music sales in Australia.

    $A0.99 translates to $US0.76. Now, since it costs $US0.90 to provide a downloadable music track, Kazaa is actually *saving* the record companies $US0.14 per downloaded track. By my calculation, the 850,000 tracks downloaded via Kazaa haved saved Australian record companies $US119,000 in providing that service.

    What's that? Bogus use of statistics, you say?...

    1. Re:Yet more bogus damages calculations by Talez · · Score: 1

      Bogus. I'll say.

      Now, since it costs $US0.90 to provide a downloadable music track,

      Apple says iTMS does not make much money. At most, Apple gets about 10 cents of the 99 cents a single song costs - about $US20 million ($A27.7 million) so far.

      Uh Oh... Spaghetti-Os!

    2. Re:Yet more bogus damages calculations by Anonymous Coward · · Score: 0

      Yeah, well see we HAVE to use Kazzaa in Australia because iTunes music store isn't available here yet... Why Apple!? Why do you force us to break the law! It's all your fault!

      *sobs curled up in a foetal position in the corner*

    3. Re:Yet more bogus damages calculations by Anonymous Coward · · Score: 0

      um. they say the record COMPANIES would be $2b better off, not the chump storefronts like Apple who get jack for each track they sell.

    4. Re:Yet more bogus damages calculations by strike2867 · · Score: 1

      What's that? Bogus use of statistics, you say?...

      "37percent of statistics are made up on the spot"

      --Steven Wright

      --

      Vote for new mod!!! Score:-2,Imbecile
    5. Re:Yet more bogus damages calculations by silicon+not+in+the+v · · Score: 1

      Your bogus use of statistics would have been funnier if you had gotten correct information from the article. It said US$0.99, not A$0.99.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    6. Re:Yet more bogus damages calculations by Mildog · · Score: 1

      You can prove anything with statistics.....80% of all people know that!

  25. You forgot... by Raul654 · · Score: 1

    ...to end the sentence with the oblitagory "mate"

    --


    To make laws that man cannot, and will not obey, serves to bring all law into contempt.
    --E.C. Stanton
  26. Raided?! by truesaer · · Score: 5, Insightful

    I thought only the cops could performs raids! Thank god this is in australia....if Fritz Hollings has his way we will probably have special music industy SWAT teams roaming the country soon.

  27. I doubt that MIPI finds anything.. by Kalroth · · Score: 5, Insightful

    Sherman Networks would be bloody stupid to have anything illegal (music/software/etc) on any of their computers and I really doubt they had anything.

    This just seems like the MIPI along with the rest of the record industry is trying to harass Sherman Networks into going away. Personally I don't like/use KaZaa or any other P2P utility, but I think it's a necessary evil.

    Oh well, if they should manage to close down KaZaa, there's plenty of underground alternatives for the (ab)users. Seems like wasted resources from a desperate industry.

    1. Re:I doubt that MIPI finds anything.. by Mia'cova · · Score: 1

      I'm sure they are very careful as far as pirated music and software is concerned. But wouldn't you love to know what's written in all their email? See if you can't find the slightest lack of sincerity here or there? It'd be interesting.

  28. It's just like the commercials. by Gldm · · Score: 5, Funny

    (shot of men in riot gear overturning desks, rifling through offices and smashing computers)

    Voice in aussie accent: Search engine!

    (shot of Fosters can)

    Voice in aussie accent: Beer!

    --

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

    1. Re:It's just like the commercials. by mattjb0010 · · Score: 1

      More like: (shot of Fosters can) Voice in aussie (with a z) accent: piss that yanks and poms drink!

    2. Re:It's just like the commercials. by cranos · · Score: 1

      Fosters, proving that Urine Recyc can be done.

    3. Re:It's just like the commercials. by Anonymous Coward · · Score: 0

      That is quite possibly the funniest thing i've heard this decade.

  29. fly off the handle much? by andih8u · · Score: 4, Insightful

    The argument that this even remotely has anything to do with the patriot act is stupid. It certainly has no provisions for raiding people's homes on behalf of the record industry. The people you should be directing your anger towards is more than likely the RIAA, who's undoubtedly the puppet master for this MIPI thing.

    --


    slashdot, news for crazed liberal socialist zealots
    1. Re:fly off the handle much? by Anonymous Coward · · Score: 0

      Dude, you need to seriously seek professional help. What the fuck does this discussion as a whole have to do with fascism, aside from the ridiculous connection you made to it?

    2. Re:fly off the handle much? by Anonymous Coward · · Score: 0
      its keeping terrorists from hijacking 747s, sad thing is, by its nature, you dont get to hear about the successes of the patriot act.

      But, apparently, you are told about its successes?

    3. Re:fly off the handle much? by Urkki · · Score: 4, Insightful

      Which would you choose if you had to choose between
      - a free society with terrorists occasionally being able to carry out their strike and people occasionally breaking law (eg music piracy)
      and
      - a police state where people have no privacy and can be easily imprisoned/executed/deported/"made to disappear"
      ?

      Note: this is just a general question in the context, specifically *not* referring to any particular legislation (such as Patriot Act) or country (such as US or China).

    4. Re:fly off the handle much? by smallfeet · · Score: 3, Insightful

      Live free or die!

    5. Re:fly off the handle much? by cortana · · Score: 1

      For some reason, I am reminded of the old adage about how those who sacrifice liberty for safety deserve neither.

    6. Re:fly off the handle much? by paganizer · · Score: 1

      I always preferred the slogan coined by my great-great-great Grandfather, "Live free or Kill somebody!".
      Apparently, it wouldn't fit on the flag, so they went with the shorter version; personally, I think "Live free or Kill!" would have gotten the point across, but perhaps I'm confused about the standard usage of speech in those days; there seems to be a lot of that going around.

      --
      Why, yes, I AM a Pagan Libertarian.
    7. Re:fly off the handle much? by orthogonal · · Score: 5, Insightful
      The argument that [Anton Pillar searches, where the target of the search is not informed of prior to the search] even remotely has anything to do with the patriot act is stupid. It certainly has no provisions for raiding people's homes on behalf of the record industry.

      According to Freedom Fight Canada, an "Anton Pillar order is an order allowing for an applicant (without notice to a respondent) to enter the respondent's premises and inspect or seize documents or other items."

      Under the Patriot Act, the government is allowed (with a secret warrant) to conduct secret "sneak and peek" searches, without ever informing the target of the search.

      The difference is that with Anton Pillar, a private entity can request the search -- so far under U.S. law, only the government can. Of course, if you can find a friendly prosecutor and convince him that there's a possibility a crime has been committed, he'll do your search for you. Indeed, some will argue that that makes U.S. law more favorable to corporations, large corporations generally having more sway with law enforcement than private citizens.

      The other difference between Anton Pillar and the Patriot Act is that the legislative intent of the Patriot Act was that its provisions should apply only to suspected acts of terrorism. However, US Attorney General John Ashcroft has aggressively pushed to ignore the legislative intent behind the Patriot Act, and use its provisions for to investigate non-terrorist related activity.

      Summary:
      • both the US and Australia allow "sneak and peek" searches in which the target of the search is not informed of he search;
      • In Australia, a private citizen can apply for such an order; in the US, only police and prosecutors can, making it effectively unavailable to private citizens, but available to corporations;
      • Legislation in the US limits such searches to investigations of terrorism, but John Ashcroft is working mightily to extend its use to non-terrorism related activities.

      Conclusion: via the mechanism of the Patriot Act, "sneak and peek" searches could be conducted on behalf of the recording industry if it alleges that copyright "piracy" is linked to terrorist fundraising, or if John Ashcroft succeeds in using Patriot Act mechanisms for commonplace investigations.

      So I think comparisons to the Patriot Act are warranted (no pun intended).
    8. Re:fly off the handle much? by Winkhorst · · Score: 1

      If he really believes that, I have a nice bridge in Brooklyn to sell him dirt cheap.

      --
      "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
    9. Re:fly off the handle much? by Winkhorst · · Score: 1

      "Live free or Kill somebody!"

      This is sometimes known as "the Roumanian option" or "the Roumanian solution." This is always an option of last resort, but it remains available to a people who would be free.

      --
      "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
    10. Re:fly off the handle much? by the_2nd_coming · · Score: 1

      umm, you mean available to corperations who can find and convince a prosecutor, not that corperations can apply for such sneak and peaks.

      --



      I am the Alpha and the Omega-3
    11. Re:fly off the handle much? by krunk7 · · Score: 1

      It was Benjamen Franklin:

      "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

      -- Benjamin Franklin, quoted in Suzy Platt, Respectfully Quoted: A Dictionary of Quotations (Barnes and Noble, 1993), p. 201.

    12. Re:fly off the handle much? by hackstraw · · Score: 1

      unavailable to private citizens, but available to corporations

      Now I have another reason to incorporate myself besides taxes. Its scaring me how much power corps and multinational corps are getting nowadays.

    13. Re:fly off the handle much? by NanoGator · · Score: 1

      "Which would you choose if you had to choose between..."

      Neither. Reality is a shade of gray, not extreme white or black.

      --
      "Derp de derp."
    14. Re:fly off the handle much? by AliasF97 · · Score: 1

      Sorry, but I find it amusing that there are people quoting Ben Franklin in reference to the Patriot Act(?), and then contradicting themselves on other issues that are taken for granted. What about welfare, social security, and other similar programs? Isn't that giving up "freedom" for "safety"? You're merely socializing programs (giving them to the government, therefore giving up your freedom to control them) for safety (in the case of SS, people either don't feel like, or claim that they are unable to provide for their own retirement so they rely on the government to provide a "safety" net). It's funny how when it's an issue that people don't feel like addressing themselves, it's okay to give up "freedom" for "safety" and let the government handle it, but when they perceive government involvement as affecting their little corner of their secluded world, they quote Ben Franklin and become hardcore advocates of freedom over safety.

    15. Re:fly off the handle much? by uxo · · Score: 1
      orthogonal:

      The other difference between Anton Pillar and the Patriot Act is that the legislative intent of the Patriot Act was that its provisions should apply only to suspected acts of terrorism. However, US Attorney General John Ashcroft has aggressively pushed to ignore the legislative intent behind the Patriot Act, and use its provisions for to investigate non-terrorist related activity.


      Care to give an example?
    16. Re:fly off the handle much? by cortana · · Score: 1

      A thought provoking point, sir! But surely you can see the difference between a government that provies social services for those who are unable to provide for themselves, and a government that passes into law a bill that serves to annul parts of the same Constitution and Bill of Rights that that government swore to defend?

      You can twist the definition of 'safety' however you want, but the issue (of the size/power of the government) is not a dichotomy.

    17. Re:fly off the handle much? by orthogonal · · Score: 1
      US Attorney General John Ashcroft has aggressively pushed to ignore the legislative intent behind the Patriot Act, and use its provisions for to investigate non-terrorist related activity.
      Care to give an example?

      From the June 15, 2003 edition of The Washington Tiimes, a newspaper widely seen as very conservative:

      Long-sought details have begun to emerge from the Justice Department on how anti-terrorist provisions of the USA Patriot Act were applied in nonterror investigations, just as battle lines are being drawn on proposed new powers in a Patriot Act II.
      Overall, the policy now allows evidence to be used for prosecuting common criminals even when obtained under extraordinary anti-terrorism powers and information-sharing between intelligence agencies and the FBI.


      Columnist Jeff German in the November 19, 2003 Las Vegas SUN:

      [...B]etween February and Oct. 20, the [Patriot Act] was used more by federal law enforcement agencies to uncover money laundering than terrorists.

      Of the 167 Patriot Act requests [the Financial Crimes Enforcement Network (FinCEN)] received, the officials said, 107 were related to money laundering and only 60 involved terrorism.

  30. Smash The State! by Anonymous Coward · · Score: 0

    It's time for revolution, time for people take control of their lives and their communities. Fuck the government and their corporate rulers.

  31. Dammit! by chrispl · · Score: 3, Funny

    And I just got WAY into Australian pop music! Now I'll never get my fix.

    --
    What post? The one you're carrying inside your rusty innards!
    1. Re:Dammit! by mattjb0010 · · Score: 1

      Don't worry, there's always Idol. Which just goes to prove, it's not only Christians who think false idols are bad.

  32. Re:Well.. by Anonymous Coward · · Score: 0

    It's leftish retards like you that have these paranoid ideas.

    We are simply protecting ourselves and providing security to our neighbors. In times of war like now, it's best to pause certain freedoms just to keep everyone safe.

    I hope you know this the next time one of your family memeber gets blown away by a muslim.

  33. Re:Slugs by Anonymous Coward · · Score: 0

    at least they get to die in the man sex0r salts.

  34. What this is about by eclectro · · Score: 4, Interesting

    1) Message Sending. They want to scare file traders into thinking that nobody is beyond the long reach of music executi^H^H^H^H the law. Thus stopping supposed music swapping.

    2) They want to see if KAZAA/Sharman are keeping track of who the heavy users are. Thus KAZAA would know about illegal file trading, and be partly liable for copyright infringement.

    3) KAZAA/Sharman networks profit by looking the other way. However, if they are actively working to enhance "reliable sources" for file trading, that would look pretty bad.

    4) Any inter-office memos/emails relating to the above.

    It will be interesting to see exactly how private user's data really is. You would think that Sharman would (or should have) anticipated such a move by the recording industry.

    just my .02

    --
    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    1. Re:What this is about by Anonymous Coward · · Score: 0

      The problem with attempting to scaring punk Aussie kids is record stores could very well end up being a target. When the big corp gigs are in town, the Nike shop is boarded up to keep it from getting ransacked. If the virgin store or a few of the Sanity record stores got trashed the same way as the Nike shops do, I'm guessing the MIPI might have to rethink their position of heavy handed tactics because they are very likely to hit back like bad karma.

    2. Re:What this is about by deathmolor · · Score: 1

      They can only investigate infringement of Australian content. So I find this all very amusing. This Judge is either an idiot or he was bought.

    3. Re:What this is about by Anonymous Coward · · Score: 0

      you stole my sig! cold...

  35. Important message to MIPI: by Anonymous Coward · · Score: 0

    Please Don't squeeze the Sharman!

  36. Much scarrier than Patriot Act... by ElDooderino · · Score: 5, Interesting

    Of all the subtle and not-so-subtle evils of the Patriot act, it is, at least to my knowledge, employed soley by the government/gov agencies.

    This situation in Australia seems not too dissimilar to SCO busting into Linus' house with presumeably armed gov. officials and confiscating everything.

    It's corporate terrorism.

    1. Re:Much scarrier than Patriot Act... by Bigman · · Score: 2, Interesting

      Hmm didn't you read this story? Losing 8 computer, all your software and practically anything electrical in your house because you changed a setting in your broadband modem? Seems to me thats a little over the top. But it happened in Toledo, Ohio - It could happen to you next where you are!

      --
      *--BigMan--- Time flies like an arrow.. but personally I prefer a nice glass of wine!
    2. Re:Much scarrier than Patriot Act... by barks · · Score: 1

      It's corporate terrorism.

      I like that! Those are the two most popular words on CNN, but never used together.

    3. Re:Much scarrier than Patriot Act... by ElDooderino · · Score: 1
      Hmm, no I must have missed that story. That is indeed scary.

      However there is a distinction here: These guys in ohio were breaking the law. These guys had broken the law, the ISPs knew it, had the proof, and brought in the law... though the result was totally over the top and quite scary for the equivalent of splicing your cable or something. It was a minor offense (from my point of view) and was not handled appropriately but this situation in Australia smells a bit different.

      In Australia, a product/service provider (Kazaa), is being raided on the speculation of a 3rd party.

      From the article:
      MIPI obtained an Anton Pilar order - which allows a copyright holder to enter a premises to search for and seize material that breaches copyright without alerting the target [...]
      It seems to me by reading the first sentence in the article that there is some unmentioned 3rd party which invoked this thing from the start. So it's as if some company _thinks_ you stole something or otherwise are interferring with their business, they can get the MIPI (are there other types of MIPIs for other fields in AU?) to raid your ass and disrupt your livelihood. The Kazaa owners and operators don't have anything to do with pirating music/warez/whatever. To me, this is not "a signal that Internet music piracy is finished in Australia" but rather a signal that product and service providers will soon be at the mercy of big money, whatever the reasons.
  37. MIPI? by mrscorpio · · Score: 1

    Haven't heard of this one. Is this basically the Australian branch of the RIAA, a little-known arm of the Illuminati, both, neither?

    I thought I was up on all the oppressive quasi-government enforcement agencies!

    Chris

    1. Re:MIPI? by Fjornir · · Score: 2, Informative

      Full details can be found here.

      --
      I want a new world. I think this one is broken.
    2. Re:MIPI? by Anonymous Coward · · Score: 1, Funny
      Can someone give a little background for us Americans on what the MIPI is
      MIPI = Monopoly Infringement Protection Institution. You don't want to infringe upon the monopoly.
    3. Re:MIPI? by skimitar · · Score: 2, Informative
      They are affiliated with ARIA (Australian Recording Industry Association) and funded by record companies. So we are talking about a raid by a private organisation. Bizarre. Their contact details (if anyone fancies dropping them a line, ahem) are here

      The ARIA press release is available here if anyone wants evidence that FUD isn't confined to Microsoft and SCO.

      So in essence the MIPI is an organisation set up by the music industry to investigate alleged music piracy. I would have thought that carrying out the raid would have been the responsibility of the police or other government agency, rather than an industry association, but apparently jackboots are more freely available here than I thought (Godwin's Law notwithstanding).

    4. Re:MIPI? by Anonymous Coward · · Score: 0

      MIPI - Music Industry Piracy Investigations

      This seems to be an organisation set up by ARIA Australian Recording Industry Assoication (equivalent to the RIAA) to hunt down commie thieving file traders.

      The ACCC lists the MIPI website as ARIA's. and ARIA have come out in support of the bully boy tactics that MIPI have been using. In fact, ARIA's CEO has listed himself as the contact on their press release on this issue ARIA News and was nice enough to give his mobile number(cell phone) as the contact number - 0422 604 668.

      BTW A bit of trivia. His name is Stephen ... the AU EDT time zone is GMT +10 and Australia's international phone country code is 61 (remember to drop the zero.) - its now 10:50pm so best wait for a couple of hours to make sure that he is well asleep.

      I wonder if you can /. a phone...

  38. Re:Well.. by Anonymous Coward · · Score: 2, Insightful

    I'm Australian with an Iranian background and have never, ever experienced any racism. I also have many International friends studying in various Universities of Australia - again, no racism.

    I think the problem is people take offense to playful comments too easily.

  39. the war by katalyst · · Score: 0, Flamebait

    has begun. But there's not much that we customers can do, is there. A boycott will be of no use unless its on a global scale. And then, we like our music; how can this music industry monopoly be broken; itunes is the right way out, but not substantial enough.
    MyDoomv3 - for RIAA anybody?

    --
    |/________
    |\A|ALYS|
  40. Re:Well.. by DynamiteNeon · · Score: 0

    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.
    -Benjamin Franklin

  41. Thank god for ITMS.. by wolfbane01 · · Score: 0, Troll

    It sounds to me like the digital music scene is going to continue to move towards the legal download of music, with companies like Apple and dell leading the way. Imagine the lack of need for services like Morpheus and Kazaa if you could find any track in one place...

  42. MUHAHA, they will never find the files.. by Anonymous Coward · · Score: 0

    Because all the files will be distributed across hundreds of thousands of computers.

  43. MY office is in no danger of being raided.... by letdownjournals · · Score: 3, Funny

    ... I'm using a Mac.

    Wait...

    1. Re:MY office is in no danger of being raided.... by Anonymous Coward · · Score: 1, Funny

      Rip. Mix. Burn. Hide.

  44. Re:Well, what do you expect? by Anonymous Coward · · Score: 0

    yarrrrrrrrrrrr we be pirates

  45. Re:Well.. by Anonymous Coward · · Score: 0

    Australia's neighbors consist of fish, plz.

  46. Re:Well.. by mishac · · Score: 2

    You actually have a good point. I'm not saying that there is no racism in australia, when there is, BUT:

    the line between PC and non-PC is different there. Many comments that would make an American/Brit/Canadian feel uncomfortable, are perfectly acceptable in Aus, and are not taken offensively.

    This is comming from a non-white canadian BTW.

  47. Re:Well.. by bakes · · Score: 1

    There is always an element of racism in even the most tolerant societies. Australia has one of the most multi-cultural societies in the world, something that many (most, I hope) Australians are proud of, but it means there is always an element of racism somewhere. Earlier this week three Chinese restaurants were fire-bombed in one night in my city. It was quite a shocking event, as we haven't seen that type of violent racism here for some time. The last time was I think a couple of mosques shortly after 11-9-01 and before that over 10 years ago.

    Security has increased since Sep-11, mostly related to air travel and at public events, but little else has changed. I don't consider it a total nazi state, and it's no worse to live here than before.

    The majority of Aussies fit your image of friendly and laid-back, of course there are always a few people that will spoil that image. In this case its MIPI. If not MIPI, it would have been the ARIA (Australian Recording Industry Assoc).

    Um, something to keep on topic: THOSE MIPI BASTARDS!

    --
    Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
  48. Exec's homes? by Pzykotic · · Score: 1

    I think they mean, kazaa exec's parent's basements. :-)

    1. Re:Exec's homes? by Anonymous Coward · · Score: 0

      You're an idiot.

    2. Re:Exec's homes? by Anonymous Coward · · Score: 0

      basements, yeah, if it was in U.S.A.

      (Not everyone builds houses like you do.)

  49. Its ok, I have guns by Anonymous Coward · · Score: 0

    Really.. is that what its oging to take before this shit stops? When people start dying in gunfights? Thats exactly what will happen if they come to get my machines.

  50. Re:Well.. by Anonymous Coward · · Score: 0

    The United States' founding fathers also had these sort of ideas. Benjamin Franklin in particular had an interesting take on your thoughts, such as they are:

    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."

    Know well that there is no pause. Liberty, once lost, is won back with blood. Remember that the next time one of your family members gets thrown into jail for holding a dissenting opinion.

  51. Hmmm... by MarkJensen · · Score: 2, Funny

    Could this be considered a case of "putting the squeeze on the Sharman"?

    Mr. Whipple will not be happy about this!

    (Sorry, I resisted as long as I could...)

  52. Why this is a "good" trend... by simrook · · Score: 5, Interesting

    I'm going to go out on a limb here and propose the following;

    RIAA/MIPI/"Recording Industry" has been conducting police raids in the United States out on the streets, handing out false tickets on false pretenses, etc... This began occuring over a month ago. Since then, they have lost key decisions in the courts, both in US and Europe, and things are looking bad for them. Now, they are beginning to conduct actual raids on property under obscure laws outside of the United States - obviously an intimidation tatic for those of us in the United States.

    Now... why is this good you ask?

    Because the day will come when an RIAA representative will knock at my university door and demand to see recipets for all my jazz mp3's (legally and educationaly obtained) I have laying around my harddrives. When this happens, hello Supreme Court.

    This series of events is giving us a very clear picture: The RIAA is a dying animal who is now lashing out in any means necessary. Non governmental agencies playing cops - be it here or austrilla - is a fundemental violation of human liberty - which is a value upheld by the UN and the World Court (which Austrilla is a member of). Not that this really matters since no one is going to do anything about it, at least right now.

    Later on, we are going to see events like these help us in a completely different court though - the court of public opinion. Isn't it easy to see a Dateline episode being made of this event? Isn't it easy to connect the dots and see that the RIAA and their chums are just doing this so the average American thinks that their home could be raided by Will Smith and his men in black protecting his copyright? Isn't it easy to see that the Average American would go apeshit if the RIAA actually tried to enter their house, and they later found out it was completely against the law?

    Let's return to the orignal question. Why is this good?

    Because the RIAA and every incarnation of it is pushing the very lines of human rights and freedoms that have been affirmed around the globe since the end of World War II.

    I have never seen America stand down in the face of a constitutional violation, never. Hell, even some of my republican friends acknowledge Roe v. Wade. Let the RIAA come and try to impose this scare tatic here in the USA. I fore one can't wait for this good thing to happen. Two days after they try to enter a house in the US (legally or illegaly) Scallia and Rehinquist will join forces and strike the RIAA back to the seventh circle of hell from which it spawned.

    Be happy with the RIAA's actions - it's a sign the end is near.

    - The Ever Defiant Simrook

    (p/s - All spelling errors are mine and mine alone.)

    --
    'Truth' is linked in a circular relation with systems of power which produce and sustain it...
    1. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0

      I have never seen America stand down in the face of a constitutional violation, never.

      You must have missed the PATRIOT Act being passed.

    2. Re:Why this is a "good" trend... by simrook · · Score: 1

      The Patriot Act is having it's death sentence written by every presidential canidate with the exception of Bush.

      Ineed, my statement still remains.

      America has not stood down in the face of a constitutional violation (The Patriot Act), they are soon going to ellect new leaders that will get rid of it.

      And this is a tad off topic, but the Patriot Act is set to expire soon, and Bush would be uncommonly stupid to actually try to get it passed through congress. He needs all the political capitol he can muster to pull of this election - he won't spend any of it trying to get the act renewed.

      Let's remember, after Bush said in his State of The Union "Key provisions of the Patriot Act are set to expire this year," people cheared. People did not when he said he wanted it renewed.

      - Simrook

      --
      'Truth' is linked in a circular relation with systems of power which produce and sustain it...
    3. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0
      The RIAA is a dying animal who is now lashing out in any means necessary.


      Don't you mean SCO?
    4. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0

      ...that maybe, but not if the RIAA and MPAA lobby Congress enough to get antitrust exemptions. That goes a long ways (pretty much gets them out from RICO, for one).

      The judge will say, "yes, this normally would be an antitrust issue, but they have this antitrust exemption, so you can't sue them."

    5. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0
      The Patriot Act is having it's death sentence written by every presidential canidate with the exception of Bush.

      That might mean something if any other candidate has a chance to get elected. Won't happen. We will have Heir Bush for another 4 years.

    6. Re:Why this is a "good" trend... by bludstone · · Score: 0

      Dont be so sure. Dubya is currently losing to kerry in the polls.

      Yes, its far too early to predict, but dont discount it entirely.

      Besides, the next election is going to be such a hive of scum and villany, that I wouldnt be suprised if a civil war breaks out over people not being allowed to vote. (like what happened in the LAST election)

      --

      no .sig
    7. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0

      "Be happy with the RIAA's actions - it's a sign the end is near.

      - The Ever Defiant Simrook

      (p/s - All spelling errors are mine and mine alone.)"

      Oh not they're not! All your spelling error are belong to us!

      A Nony Mouse

    8. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0

      I have never seen America stand down in the face of a constitutional violation, never.

      Tell that to all the Christian fear-mongers that want to wipe gays/lesbians off the face of the earth.

      No, America never has consitutional violations, because if there's something that violates the constitution, we just conveniently rewrite it.

    9. Re:Why this is a "good" trend... by Cyno · · Score: 2, Insightful

      The RIAA is a dying animal...

      The RIAA and SCO have so much in common. Who wants to bet the MPAA will follow suit?

    10. Re:Why this is a "good" trend... by Anonymous Coward · · Score: 0

      In the states, I would think that such action would be met by a violent homeowner. "Enter my house illegally, and you'll leave in a pine box."

  53. MIPI? by Lord_Dweomer · · Score: 1
    Can someone give a little background for us Americans on what the MIPI is, and what kind of power they have? I mean.....this sounds kinda like the RIAA hit squads only raiding Kazaa......and if this weren't out of the states, I'd be crying bloody murder because I know that no industry group has that kind of search and seizure power, only law enforcement.

    --
    Buy Steampunk Clothing Online!
  54. Re:Spiegel by Anonymous Coward · · Score: 0

    You must make a decision, my Fuhrer.

  55. How does this play? by Linus+Sixpack · · Score: 1

    If they raid 60 people and find 2 abusers do they have to answer for the extent of their search????

    If they know 2 abusers, raid 58 and find nothing, then invade the two abusers they know, are they held responsible????

    LS

  56. Evidence accumulation by Neo-Rio-101 · · Score: 3, Insightful

    I think they're hoping to find pirated or illegal ANYTHING in the executive houses or anything of Sharman's networks.

    I think their plan is to do a raid and even if it turns up ONE slightly dodgy file, they're going to use that to link it with Kazaa and music piracy... which may give them a leg to stand on in court.

    The issue is this: these days its pretty damn hard to find a single PC out there without one slightly dodgy file on it.

    --
    READY.
    PRINT ""+-0
    1. Re:Evidence accumulation by IamLarryboy · · Score: 1

      No darl I still won't give you $699!

  57. Heh... by Anonymous Coward · · Score: 0

    "MIPI. Australian for queer."

    (I'm gay, I'm allowed to make this joke.)

  58. Not True by Anonymous Coward · · Score: 0

    [grumpy]
    That's not true at all. Violent mobs always get good results, despite being wrong. Lynching the government works wonders towards getting public opinion respected, but that's considered wrong too.

    Seriously -- when the government is ignoring the demands of the populace, violence is the only answer. Too bad gun nuts are all talk. They yammer about the second amendment protecting the first, but where are they when civil liberties are violated? Busy polishing their guns and buggering family members. Bah!
    [/grumpy]

  59. Want to stop this Australia? by Quizo69 · · Score: 4, Interesting

    I've started a political party which is currently looking for 500 members to get ourselves on the Federal ballot this upcoming election:

    www.neteffect.org.au

    If you want to have a representative in parliament who actually understands how this type of behaviour is a bad thing, and do something about it, then I recommend you visit our site and read through what we have to offer.

    It's time that we Aussies had a REAL "younger generation" to represent our views instead of a 42 year old "young-un"; someone who knows what a frag is, someone who cares about our online rights and someone who understands the pickle we're in regarding current copyright/patent laws.

    Oh, and someone (me of course) who's a regular Slashdot poster....

    At the very least have a look at our policies and forum - I think you'll find that we're very much aiming to be a real force for change in Australia.

    1. Re:Want to stop this Australia? by agent+provocateur · · Score: 0, Offtopic

      You'd think regular /. poster would know how to include an URL so you can click on it

      --
      Siggy Sig Sig? Where is the sig?
    2. Re:Want to stop this Australia? by kubrick · · Score: 1

      Oh, and someone (me of course) who's a regular Slashdot poster....

      As an Australian, if I were to vote for someone because of their 'net savvy, they'd need to have a lower /. id than I do. :)

      --
      deus does not exist but if he does
    3. Re:Want to stop this Australia? by Anonymous Coward · · Score: 0

      a "frag," as you put it, is when we'd kill one of our officers in vietnam. I don't think YOU guys know what the hell you are talking about!

  60. Obligatory Simpsons quote by marsu_k · · Score: 2, Funny

    Mobster 1: "I thought you said Troy McClure was dead!"
    Fat Tony: "No, what I said was he sleeps with the fishes."

  61. Putting the pressure on... by dominion · · Score: 2, Interesting

    First, go to this link: www.dfat.gov.au/missions/.

    Once there, look up the nearest Australian consulate. Then, give them a call and tell them that you're furious that they would allow this kind of manipulation at the hands of the recording industry.

    Be tactful, polite, but firm. Practice what you're going to say. Don't swear, and don't say anything rash or dangerous to your own freedom. (We need you out of jail, so you can join the GNU/United Front militias in the Great Copyright Civil War of 2016)

    The RIAA/MPAA may have billions of dollars, and governments all over the world at their beck and call, but what we have is a whole lot stronger: We've got the Slashdot Effect.

    They've got the guns, we've got the numbers.

    1. Re:Putting the pressure on... by Haeleth · · Score: 1

      They've got the guns, we've got the numbers.

      Going by the inevitable flame wars that break out every time someone mentions gun control on Slashdot, we've got the guns too...

    2. Re:Putting the pressure on... by psykocrime · · Score: 1

      Going by the inevitable flame wars that break out every time someone mentions gun control on Slashdot, we've got the guns too...

      Thank God for small favors....

      --
      // TODO: Insert Cool Sig
  62. Tad OT... by mog007 · · Score: 2, Insightful

    I sense a pattern...

    The United States, which started as property of the British Empire, has begun to revoke its citizen's rights.

    Austrailia, which ALSO started off as a branch of the British Empire, has started raiding the home, read: Private Dwellings, of people that work at a place that happens to traffic copyrighted material. They weren't even searched by law enforcement officers.

    Does this mean that India is going to make it mandatory to consume beef, or something? Are the citizens of Ireland going to lose their rights, next? What about you silly Brits, are you next?

    1. Re:Tad OT... by Frogbert · · Score: 1
      Hate to rain on your revolutionary parade however...

      Canada has its own Privy Council and Australia ceased to recommend Privy Counsellors in the 1980s.
      source

      The Brits have no power over Australian laws realy, aside from the Governer General being about to deny laws being passed and the ability for said General to fire the Prime Minister. As an aside the Prime Minister can fire the GG too... I suppose its whoever gets in first with the "Your fired".

      With that said I'm reasonably sure the Queen could seize any property she wanted in Australia if she pleased, and I'm reasonably sure she could come up with some wacky new laws too.
    2. Re:Tad OT... by Anonymous Coward · · Score: 0

      Ever heard of the "post hoc, ergo propter hoc" fallacy?

      The fact that these states were all part of the British Empire is irrelevant to the fact that they are infringing their citizens' rights. North Korea was never part of the British Empire, but its citizens' rights are constantly infringed. Conversely, Hong Kong was a British territory until a few years ago, and currently its human rights record remains much better than that of the rest of the PRC, which the British never ruled.

    3. Re:Tad OT... by Zak3056 · · Score: 1

      What about you silly Brits, are you next?

      Next? They were FIRST!

      Cameras now watch pretty much everything that happens in larger cities in the UK. Think about that for a minute.

      --
      What part of "shall not be infringed" is so hard to understand?
  63. Police did not conduct the search? by John+Seminal · · Score: 3, Interesting
    MIPI obtained an Anton Pilar order - which allows a copyright holder to enter a premises to search for and seize material that breaches copyright without alerting the target through court proceedings - yesterday from Justice Murray Wilcox, and began raiding premises in Queensland, New South Wales and Victoria this morning searching for documents and electronic evidence to support its case against the peer-to-peer companies.

    Since when can someone search another person's property? Who is to say they did not take data or information not related directly to finding violations of law? At least if it was the police searching, you could have a court determine what is related to the specific law, and what is not. Who is to say they will not use items found unrelated to the copywrite issue, but which can still cause embarrasment, and use that information against them? It would be the equivelant of person B searching the house of person A for "copywrite violation" but finding tax records, photos of your lover, your address book of friends, etc...

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

    1. Re:Police did not conduct the search? by foniksonik · · Score: 2, Insightful

      I guess the good ol' US of A is still the highest bastion of personal and business privacy in the world eh? Yeah this happened in Australia... not that I have a prob with Australians mind you... but well it appears that they have different laws 'down under'.

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    2. Re:Police did not conduct the search? by Rip!ey · · Score: 1

      Since when can someone search another person's property?

      Quoting from this PDF, which is part of a report on enforcement of copyright in Australia by the Standing Committee on Legal and Constitutional Affairs for the Australian Parliament ...

      It is not easy to secure evidence to support a civil action for infringement, especially an action against pirates or bootleggers, who often dissemble their operations at the threat of legal action. For this reason, the courts have developed an interlocutory order that enables a plaintiff to enter and search the defendant's premises, and seize infringing material. Failure to comply with the order constitutes contempt of court. The order is known as an Anton Piller order, after the case in which it was first granted.
      ...
      Anton Piller orders, which are sought in an ex parte application to the court, are only granted if strict requirements are met. Copyright Agency Limited (CAL) stated that courts are reluctant to grant Anton Piller orders, and that they are in any case very expensive to seek. Preparation for an application for Anton Piller orders may involve surveillance and investigative and forensic activities. The orders are also very costly to execute, since an independent team of lawyers must be present.


      The key issue here appears to be that copyright infringment is a civil offence and not a criminal one, so police will not involve themselves in search and seizure of evidence. The Anton Piller order allows the search for and seizure of evidence to occur in such cases. But it's not easy to get such an order (and you need to have evidence already) and independant witnesses must be present to ensure the integrity of any evidence found.

  64. faith in fear by Doc+Ruby · · Score: 0, Offtopic

    Right, and do you hear that thumping of my hand on the desktop? You should thank god that I'm using my extra-secret powers to keep Al Queda from invading your office and cutting your throat. The sound you don't hear is my other hand picking your pocket. What would we do without patriots like you, Anonymous Dupe?

    --

    --
    make install -not war

  65. Re:Well.. by Anonymous Coward · · Score: 0
    Earlier this week three Chinese restaurants were fire-bombed in one night in my city.

    Unfortunately Jack VT was released within the last couple of years and the race hate incidents have started to rise. I hadnt seen the 'national action' stickers for years - now theyre popping up everywhere in the Chinatown end of Northbridge. It doesn't really surprise me that someone is restarting the bombing campaign - I had the misfortune of running into JVT - he still travells with 2 goons at his side

  66. It is all about the money by RY · · Score: 5, Funny

    It just goes to prove that America is not alone.
    Australia also has the best judicial system that money can buy.

    .

    1. Re:It is all about the money by Filmwatcher888 · · Score: 0

      They don't call it a Kangaroo Court for nuthin'

    2. Re:It is all about the money by cfuse · · Score: 1
      It just goes to prove that America is not alone.
      Australia also has the best judicial system that money can buy.

      Speaking as an Australian, I would think that they got it for free ... our government is constantly looking for ways to ingratiate itself with the US. It's embarrassing.

  67. First sentence of article by Jeffv323 · · Score: 2, Funny

    "MIPI obtained an Anton Pilar order ? which allows a copyright holder to enter a premises to search for and seize material that breaches copyright without alerting the target through court proceedings ? yesterday from Justice Murray Wilcox, and began raiding premises in Queensland, New South Wales and Victoria this morning searching for documents and electronic evidence to support its case against the peer-to-peer companies."

    Holy run-on sentence, Batman! Jeez...

    --
    I'm a minister!
    1. Re:First sentence of article by Anonymous Coward · · Score: 0

      Anton Pillar orders are usually no good in Australia against well heeled and well financed defendants, as lawyers know and tip off the raidee's. (It should appear on courtroom schedules and listings;)

      You also have to swear on a stack of bibles you believe the evidence would be destroyed, over and above the requirements of a normal search warrant. Very unlikely, as the discovery process is normally adequate.

      On a Technical basis, the wording, as reported sounds far too broad in scope, and should be struck down - the law of evidence will then stop any and all 'fishing expedition finds' being admissable in court; if their lawyer is smart.

      Counter: MIPI is NOT the copyright holder
      Counter: Peer to Peer has nothing to do with copyright.

      In the past AP orders have been issued for specific software companies (say top 20) - which is fair enough for a CD pressing plant/factory.
      It is a bigger bow, when 'and the kitchen sink' provisions are tried.

      So said, Australian courts have allowed illegally obtained evidence to be admissable, and rarely cares about excessively broad terms granted by one of their brethren.

    2. Re:First sentence of article by silicon+not+in+the+v · · Score: 2, Funny

      Holy diagrammed sentence, Batman!
      It's certainly complicated, and a fairly confusing one, but it is not a run-on sentence. I can break it down if you want, but the gist of it is:
      MIPI obtained an Anton Pilar order [clauses], and began raiding premises [clauses].

      Their only grammatical mistake is that they have a compound predicate, (MIPI obtained...and began raiding...) rather than a compound sentence, so there should not be a comma in there after "Wilcox".

      Now let's watch the mod effect; the wrong information gets modded up, while the correct information doesn't.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  68. denial by Doc+Ruby · · Score: 5, Insightful

    If you took off your tinfoil hat, you'd notice that government raids of people's homes, on the pretext that their company might have been abused by other people to ignore copyrights, is government by fear and threat of force: fascism. Why is the air so thick with Anonymous Cowards reeling at the charges of fascism?

    --

    --
    make install -not war

    1. Re:denial by Winkhorst · · Score: 5, Interesting

      "Why is the air so thick with Anonymous Cowards reeling at the charges of fascism?"

      Because most fascists are anonymous cowards until they get enough of them together to feel secure. Then they have their little beerhall putsch and start terrorizing the weak and defenseless.

      The scary thing is, this isn't "government" by anything. It's a private entity given the right to force their way into your home because you MIGHT have something that belongs to them. These folks weren't elected by anyone except maybe the stockholders in an unopposed election. If I were Australian, I'd be jumping up and down asking who the hell gave corporations the right to act as a pseudo government. As a citizen of the world, I may just start jumping up and down anyway at the thought that the feared takeover by corporations has already begun. Does anyone here honestly think that Billy Boy wouldn't jump at the chance to run Amerika from his corporate office?

      --
      "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
    2. Re:denial by Bendebecker · · Score: 5, Insightful

      According to webster.com, Fascism is:
      Fascism - a political philosophy, movement, or regime (as that of the Fascisti) that exalts nation and often race above the individual and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition.

      If you read Musollini's paper on the subject (you'll find a copy in just about any introductory book on philosphy) you would find the fascism is basically the elevation of the state above all else (which Musollini basically equated himself too, in fascist states the dictator usually became a symbhol of the state and eventaully displaces the position of the state itself.) So you see, government raids are only a tool of fascism and not its main characteristic. Before the american revolution, british soldiers became infamous for searching peoples houses without warrant but that did not make the british fascists, only tyrants. So the charge you should be leveling is that of tyranny by the government. It led our country to revolution once before and such a charge is far more likely to get our public officals attention were calling them nazis will only get you ignored.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    3. Re:denial by Tassach · · Score: 1
      It's a private entity given the right to force their way into your home because you MIGHT have something that belongs to them
      Someone trying this stunt in Texas would find that they owned a nice set of lead pellets, which were returned to them at high velocity. Unfortunatly for them, the Aussies let themselves be talked into surrendering their right to keep and bear arms, so now they have no choice but to roll over and take it.

      Firearms in the hands of private citizens are the final line of defence against out of control government. Stock up while you still can.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    4. Re:denial by Tassach · · Score: 1
      A little fascism, communism, capitalism, racism, etc all exist everywhere, so stop going nuts when something resembles one in some way.
      On the contrary, it is the duty of all free people to cry foul when their government starts pulling fascist stunts like this. Every evil, great or small, must be opposed; otherwise, people become accustomed to the incremental degredation of their freedom.

      Remember the adage about boiling a frog: if you want to boil a frog, don't dump it in a pot of boiling water -- it will jump right out. Put it in a pot of cold water and gradually turn up the heat so he doesn't notice that it's being cooked until it's too late.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    5. Re:denial by Anonymous Coward · · Score: 0

      I assume you mean Bill Gates...

      I doubt he has any interest in taking over the US, he cant even be bothered to run his own company these days.

    6. Re:denial by wan23 · · Score: 2, Insightful
      Someone trying this stunt in Texas would find that they owned a nice set of lead pellets, which were returned to them at high velocity.

      And then the person who so graciously returned those pellets would find that the government doesn't take kindly to those who shoot at people with legal authorization to be where they are. Death penalty probably considering it's Texas we're talking about. Since you love your guns so much you can ask for a firing squad. :-P

    7. Re:denial by irhtfp · · Score: 1
      ...you would find the fascism is basically the elevation of the state above all else...

      And this is exactly why it drives me crazy to hear Fascists and Nazis labeled as "right-wing radicals" and Communists labeled as "left-wing radicals"! Both Fascists and Communists (as well as Socialists) believe in the total control of the people by the government. Communists just shelac it with the notion of equality. But someone has to force the "redistribution" of wealth. People don't voluntarily give their Beemers to the poor (well, at least not most people).

      A right wing radical is a "Libertarian" or even an "Anarchist". In other words, people who believe in very little or no government control.

      --
      I've made up my mind and now I've got to lie in it.
    8. Re:denial by Afrosheen · · Score: 1

      True about the death penalty, although if the police/gov't agents don't follow procedures, your right to shoot someone that busts into your home/business can be protected.

      In Texas, the law states that you have the right to shoot anyone that forces entry into your home for pretty much any reason. If you open the door and let them walk in, have a cup of tea with them, then shoot them, that's a problem. However, if a policeman dressed in street clothes runs in to your 7-11 with a ski mask on and a gun draw, and doesn't identify him or herself, you can blast away. This actually happened last year near Dallas. A female cop did this and got shot twice, ended up in a wheelchair, and since she didn't properly identify herself (all she had to do was uncover her face and yell 'police don't shoot'), there were no charges pressed against the 7-11 owner.

      Also keep in mind that Texas has gotten strict with all the John Waynes that like to shoot people. Any crime involving handguns or rifles instantly gets the maximum penalty in court, no questions asked and no leniency available to the judge.

    9. Re:denial by squiggleslash · · Score: 1
      Both Fascists and Communists (as well as Socialists) believe in the total control of the people by the government.
      I think Trade Unionists, members of the Cooperative Movement, and Anarchists would have problems with your description of "Socialists" as people who believe in total control of the people by the government.

      Actually most of the people I've known who called themselves Communists would have problems with you using the C word to describe that philosophy too, but I'll let you have it on the grounds that, so far, the only "successful" communist movements have indeed ended up being dictatorships.

      --
      You are not alone. This is not normal. None of this is normal.
    10. Re:denial by Anonymous Coward · · Score: 0

      In America at least, a sneak search runs into the possibility of encountering a home owners gun fire.

      In Colorado, we have the "Make my day law".

    11. Re:denial by Doc+Ruby · · Score: 2, Insightful

      Er, the Texas cops will just shoot you to pieces, or get the Feds to firebomb you a la Waco if you're really well armed. If you survive, you'll be executed. And the man who personifies this Peckinpah nighmare will steal the White House, and start bombing his way through countries with oil gas and pipelines his corporate cronies want to sieze.

      --

      --
      make install -not war

    12. Re:denial by Doc+Ruby · · Score: 1

      And practically all the sensible posts have come from people with names. It's gratifying how information dispels the fear that drives so many people to attack the truly free. It's like these Anonymous Cowards flee like zombies before the light of reason.

      --

      --
      make install -not war

    13. Re:denial by Doc+Ruby · · Score: 1

      When I point out the parallels between corporate police home invasion in Australia, I'm shining a light on the rise of fascism that you deny, or worse, accept. It is no longer necessary to kill one's enemies, and the fascist game isn't over yet. We've got a long way to fall to Mussolinism, although your denial is speeding the descent.

      --

      --
      make install -not war

    14. Re:denial by lavaface · · Score: 1
      Communists (as well as Socialists) believe in the total control of the people by the government

      Funny you shoyld say that. I would argue that they believe in total control of the government by the people.

      But someone has to force the "redistribution" of wealth. People don't voluntarily give their Beemers to the poor (well, at least not most people).

      I think your view of socialism is clouded by capitalistic FUD. Is it not possible for the redistribution of wealth to occur by providing a base level of service and product to everyone, and reward workers with insightful new methods of production, or those who work hard with benefits like more vacation or travel? And why can't the standard car be as close to a Benz as possible? And why not invest in better public transportation and city planning?

    15. Re:denial by the+gnat · · Score: 1

      so far, the only "successful" communist movements have indeed ended up being dictatorships

      My sense is that Leninism (and perhaps Maoism as well) is explicitly based on the idea that you need to have a ruling elite. See the Wikipedia definition for a more thorough explanation, but it is based on having a strong communist party running things.

      You're right that Socialists don't really believe in total control of the people, although there's very little economic freedom permitted in the purest form; countries like Sweden are often derided as "socialist" but it's not even remotely like a dictatorship. However, I think Communism and tyranny really are closely linked. Marx talks about remaking society from the ground up, abolishing religion and conventional families, stuff that just can't be done without use of force. Furthermore, the central tenet of Communism is that "capital" is immoral, hence accruing wealth is immoral, etc. How do you prevent people from doing what they please with their own money unless you have complete control (and power of life and death) over them?

      There's a popular trend among lefties to minimize the destructive power of Communism, typically by claiming that the millions killed and countries ruined in the 20th century were simply the fault of individuals corrupting the system (or the good ol' imperialists of the USofA), not of the system itself, and that an ideal communist state can still exist. Diehards, of course, don't even bother apologizing for Stalin, and still revere psycopaths like Kim Jong Il. But there are quite a few liberals who honestly believe that Communism meant well, and are terrified that the Republicans might prohibit 3rd-trimester abortions but don't see anything wrong with a system that would cap all incomes below $40,000. (Actually, a lot of these people who I know would be the first up against the wall in a revolution.)

      I should point out that I'm not actually a libertarian or a Republican, even if I sound like one here; people who complain about the US income tax being evil (not just too high, but evil) sound stupid. I have no problem surrendering a small degree of liberty, financial or otherwise, for some government services, as long as there are checks on the government. In a Communist state, you surrender all financial liberty to the government, which has no checks upon it. And a state that has the power to control every last bit of your finances has the power to invade your personal life as well.

    16. Re:denial by squiggleslash · · Score: 1
      although there's very little economic freedom permitted in the purest form
      Socialism is essentially a set of moral principles, not a system of government. Because a lot of governments have described themselves as socialist (ie upholding the moral ideals of socialism) the word has, in combination with some fierce opposition to the very principles from some very powerful groups, been frequently confused for a governmental system. In practice, it's no more about government control than Christianity is. Indeed, had socialism not been "invented" and had the US kept Church and State seperate in a way not followed by most European countries, we might well have most people describing over-bearing government intervention in economics, speech, et al, as "Christian".

      I mentioned the three examples I did because they're good examples, and the first two aren't merely good examples but have no connection with government at all, and have been reasonably successful in their spheres.

      Hating the word has always stuck me as a little unfortunate. The principles behind socialism are those of cooperation, brotherhood, helping one another. I don't know many people who'd consider any of these bad things.

      My sense is that Leninism (and perhaps Maoism as well) is explicitly based on the idea that you need to have a ruling elite.
      My understanding is that Communism in the late Nineteenth Century and early Twentieth had a great deal of fragmentation, with some sure you could just overthrow the existing economic and political systems in one big revolution and everything would fall into place in an anarchiac-self organized form, and others convinced some form of leadership was needed to bring people there. Needless to say, most of the "communists" I've met fit into the former group.

      There are several reasons why no such communist regime has ever formed. One is that it requires some sort of leadership to start a revolution, and personic leadership is always going to be more readily available than philosophical consensus leadership.

      Likewise, it's also fairly obvious why every "lead" Communist revolution has failed/degenerated into dictatorship - virtually all lead revolutions them do. By the very nature of things, only a violent psychopath is likely to want to embark on a course of action that will lead to many, many, deaths, for primarily ideological reasons. America's 1776 revolution is practically the only violent, lead, revolution I can think of that was moderately successful, and it had to be repeated several times (Civil War, the non-violent civil-rights protests of the 1950s and 1960s) before it reached an equilibrium. It could be argued that its success was largely down to luck: Washington was no dictator.

      In essense, I don't doubt the sincerity of those who claim to be communists who claim there's never been, to them, a "real" communist government. But there have been plenty of attempts, and I think the record speaks for itself.

      --
      You are not alone. This is not normal. None of this is normal.
    17. Re:denial by crucini · · Score: 1

      First, how much of your feeling is contingent on whether the raiders are accompanied by law enforcement? Because we do have these raids in the US, and as far as I know they are accompanied by law enforcement. Does that make it OK with you?

      If you accept that a person can secretly commit a tort (a civil infraction) against another person, you must accept some mechanism for authorizing raids of this type. Otherwise all kinds of injustices would be committed behind closed doors, and the villains would smugly refuse to let in any investigators.

      So before you start jumping up and down, consider that every civilized society has had something like this - it's not new, horrible or threatening. And if the power is being used beyond what's appropriate (which is possible in this case) it's time for the legislature to carefully limit the power, not to throw it out altogether.

    18. Re:denial by crucini · · Score: 1

      Except that there is nothing really new here. Remember the adage of the boy who cried wolf. Nobody in the real world cares when posters on slashdot cry foul, which is all the time (except when they're crying "kewl").

    19. Re:denial by Winkhorst · · Score: 1

      "it's not new, horrible or threatening."

      Assuming for the moment that you're not just trolling me... Do you mean would I like to live in an ideal world? Of course I would. But on the practical assumption that I won't get that anytime soon, I have to, at least, hold folks who would bust into someone's home to the standard that it must be done in accord with the basic principles of law and that the only folks with the authority to do so must be those elected by the voters of their respective locales.

      That any government claiming to represent a free people would even consider allowing private thugs to enforce laws that they themselves don't feel like enforcing or can't enforce is Orwellian to say the least, and I'd strongly suspect that any challenge to these practises on the basis of the principles of English common law, to which I presume even Australians are still subject, would beat the crap out of the idiots who support them.

      That having been said, your suggestion that this kind of behaviour is not horrible further reminds me of the folks who thought the nazi cuckoos in Germany weren't horrible or threatening. These folks, who thought that they got to enforce whatever they thought was right in disregard for what the government thought later seized power and proceeded to begin murdering those they disliked by the millions, not to mention causing the deaths of millions of soldiers and civilians in the greatest war this planet has seen. Do you seriously think that corporate boards have any more innate respect for human rights that the brownshirts in 1930s Germany?

      As for secret torts, the framers of the constitution were perfectly happy to allow secret torts in the privacy of ones own home. George and Thomas and Benjamin weren't, after all, control freaks like George III and Crazy John.

      --
      "Is this Winkhorst a nova criminal?" "No just a technical sergeant wanted for interrogation."
    20. Re:denial by crucini · · Score: 1
      The key point that I'm not sure you're focussing on: these raids were undertaken pursuant to a lawful order from a judge. They weren't just the whim of a random private party. The important point is what criteria must be met in order to get the order - not whether law enforcement accompanies the plaintiffs on their raid. If you think that such orders should never be issued, you should make sure you understand the consequences of living in a society where private property is an absolute shield for wrongdoing. Hint: the biggest beneficiaries will be corporations like Walmart, and the biggest losers will be those without property.

      I don't think you can call the industry's agents "thugs" when they are lawfully executing a judge's order.
      As for secret torts, the framers of the constitution were perfectly happy to allow secret torts in the privacy of ones own home. George and Thomas and Benjamin weren't, after all, control freaks like George III and Crazy John.

      Google for the whiskey rebellion.
  69. Kazaa k++ still has 2,589,853 users online by technomanceraus · · Score: 2, Interesting

    I'm using Kazaa k++ in australia at the moment, connects and downloads are unaffected, nothing to see hear ... move along

    --
    -= Technomancer =-
    1. Re:Kazaa k++ still has 2,589,853 users online by Anonymous Coward · · Score: 0

      I make it a point of using k++.

      For all the spyware (PerfectNav especially) and other crap installed in Kazaa itself, it's still a good network.

      Unless you're after music, that is.

      But the day k++ can no longer connect is the day that I'll move to another network. Permanently.

  70. Re:Well.. by thirdofnine · · Score: 1
    "Earlier this week three Chinese restaurants were fire-bombed in one night in my city. It was quite a shocking event, as we haven't seen that type of violent racism here for some time."

    I would be careful saying that this is a rasist attack. While not dismissing it as a possibility, quiet often the attacks are the response from asian gangs for the victim(s) disclosing information to the police, or not paying off the gang enough protection money, etc. I do not know which city you are in, but there was a security video tape here on Sydney News a while ago, it was of a gang smashing up a chinese restarunt, and the gang was asian. I am not saing that all attacks arn't racist (there is examples of this in Australia, unfortunately), but this is not a good example, as it more than likley will turn out not to be. Third of Nine

    --
    Well, um, yes.
  71. It was on the News here in Oz by Anonymous Coward · · Score: 0

    The raid reached the mainstream News on TV in Australia, so it's being treated seriously.

    What shit's me, is that most people WOULDN'T buy most of the music they download, especially after listening to some of the shit out there.

    I know I don't listen to 90% of the stuff I actually paid for and ripped to my computer.

  72. Surprised nobody mentioned... by Anonymous Coward · · Score: 0

    the raid on the Crytek offices for supposed unlicensenced software. Happened on the fourth. Just seems to be kind of odd two major things like this in 2 days. Here's hoping for the trifecta. Would love to see that Microsoft is using unpayed for copies of Visual Basic ;)

  73. If they are forced to hand over their records? by Anonymous Coward · · Score: 0

    I know that when illegal cable box dealers get busted the FBI looks over their customer list and goes after each one. Could this happen here and is it even possible to log THAT many millions of peoples individual files?

  74. Anton Pillar orders explained. by ratzmilk · · Score: 5, Informative
    We have Anton Pillar orders here in Oz because we are part of the British Commonwealth and the Queen of England is our Head of Start, and one of their (our) Lords made the follow ruling.

    In Anton Piller K.G. v. Manufacturing Processes Ltd., [1976] 1 All E.R. 779 at 782 Lord Denning stated:

    "Let me say at once that no court in this land has any power to issue a search warrant to enter a man's house so as to see if there are papers or documents there which are of an incriminating nature, whether libels or infringements of copyright or anything else of the kind. No constable or bailiff can knock at the door and demand entry so as to inspect papers or documents. The householder can shut the door in his face and say, 'Get out.' That was established in the leading case of Entick v. Carrington (1765), 19 State Tr. 1029. None of us would wish to whittle down that principle in the slightest. But the order sought in this case is not a search warrant. It does not authorize the plaintiff's solicitors or anyone else to enter the defendants' premises against their will. Id does not authorize the breading down of any doors, nor the slipping in by a back door, nor getting in by an open door or window. It only authorizes entry and inspection by the permission of the defendants. The plaintiff's must get the defendants' permission. But it does do this: it brings pressure on the defendants to give permission. It does more. It actually orders them to give permission - with, I suppose, the result that if they do not give permission they are guilty of contempt of court."

    As you can see, you can if you so chose deny access, but you had better have a pretty good reason.

    --
    I wish I could think of a witty Sig. Sigh!
    1. Re:Anton Pillar orders explained. by Anonymous Coward · · Score: 0

      As you can see, you can if you so chose deny access, but you had better have a pretty good reason.

      Sod off - i'm taking a bath.

    2. Re:Anton Pillar orders explained. by Anonymous Coward · · Score: 0

      As you can see, you can if you so chose deny access, but you had better have a pretty good reason.

      Sydney Morning Herald News Headline:

      MIPI RAIDS FOILED BY INCONTINENT LAWYERS.

    3. Re:Anton Pillar orders explained. by tr0llb4rt0 · · Score: 1

      Just as well SCO are fighting IBM in the states.

      I can imagine them trying this on if the case was heard in Oz.

      SCO: We think IBM has our copyrighted material. Lets go to their offices and houses, and search for anything we think may be ours. In fact, lets stop by the houses of everyone that uses Linux on the way.

      --
      Worst .sig ever!
    4. Re:Anton Pillar orders explained. by cthugha · · Score: 1

      As you can see, you can if you so chose deny access, but you had better have a pretty good reason.

      I'd rephrase that: you can deny access, but only if you want to go to prison until such time as you do allow access or the order is lifted. Contempt is contempt, regardless of your reasons for doing it. Much better to grant access, demonstrate the falsity of their allegations, then try and do the bastards for perjury for the false affidavits/testimony they would have provided to get the order.

    5. Re:Anton Pillar orders explained. by Zak3056 · · Score: 2, Insightful

      None of us would wish to whittle down that principle in the slightest. But the order sought in this case is not a search warrant. It does not authorize the plaintiff's solicitors or anyone else to enter the defendants' premises against their will. Id does not authorize the breading down of any doors, nor the slipping in by a back door, nor getting in by an open door or window. It only authorizes entry and inspection by the permission of the defendants. The plaintiff's must get the defendants' permission. But it does do this: it brings pressure on the defendants to give permission. It does more. It actually orders them to give permission - with, I suppose, the result that if they do not give permission they are guilty of contempt of court.

      Jesus tapdancing Christ. I thought Orwell said 1984, not 1976!

      That's the most shocking example of doublethink I've ever seen.

      --
      What part of "shall not be infringed" is so hard to understand?
    6. Re:Anton Pillar orders explained. by Anonymous Coward · · Score: 0

      It's like the whole conundrum that US police arrests pit you in. You can be arrested on a charge, and you are then entitled to the right of silence, but if they choose to grant you immunity from whatever you say (regardless of your consent), then you have to tell them what they want to know, or be found in contempt of court.

      So it's not just a UK thing...

    7. Re:Anton Pillar orders explained. by Cyno · · Score: 1

      Our constitutional rights aren't good reasons?

    8. Re:Anton Pillar orders explained. by silicon+not+in+the+v · · Score: 1

      Um, so how did this act seem to conveniently forget "It only authorizes entry and inspection by the permission of the defendants. The plaintiff's must get the defendants' permission." This whole entering and searching and seizing without notifying the defendant seems a little counter to how they originally got this act. I suppose that just means that they are not notified in advance, so that when they show up, they have to choose to give permission on the spot.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    9. Re:Anton Pillar orders explained. by ratzmilk · · Score: 1
      I'd rephrase that: you can deny access, but only if you want to go to prison until such time as you do allow access or the order is lifted. Contempt is contempt, regardless of your reasons for doing it. Much better to grant access, demonstrate the falsity of their allegations, then try and do the bastards for perjury for the false affidavits/testimony they would have provided to get the order.
      Let's say you were looking after your dieing mother when they came to your home. If you were to deny them access on medical grounds because of the stress it would put on your mother, that would be acceptable and you would not be in contempt.

      If you simply were not home, they do not have the right to enter your premises without your permission, so they would not be able to enter and that would also not be in contempt.

      If you were just an employee of the Company and therefor not responsible for the Companies actions, you can deny access and that would not be contempt.

      Under our Westminster system, not the government, or even the courts can expunge our 'Common Law' rights.

      However, it can cost you a LOT of money to defend your 'Common Law' rights.

      --
      I wish I could think of a witty Sig. Sigh!
    10. Re:Anton Pillar orders explained. by ratzmilk · · Score: 1

      It is not an 'Act of Parliment', it was/is a Precedent under 'Common Law'. Under our Westminster system, a law (Act of Parliment) passed by polititions can be quashed by a 'Common Law' precedent as 'Common Law' has precedence over 'Acts of Parliment'. This all dates back to the English Civil war days back in the late 1600's.

      Back then, the King argued that he had ultimate power even over life and death as given to him by God. He was then Hog tied, put aboard a boat and set adrift.

      That left two sides to come to a comprimise, the Merchant classes who wanted elected officials of a Parliment to set down laws, and Oliver Cromwel and his Puritans (Religious Fanatics that later settled the America's) who had provided the Muscle for the Merchant Classes to overthrow the King, who wanted certain 'God Given Rights' to be upheld.

      These "God Given Rights" and the precedents of law that are argued based on these rights form our 'Common Law", or the Law that governs and protects us 'Commoners' from the 'Merchant Classes'.

      However, now days(since the late 1800's), even us 'Commoners' get to select (vote) for 'Palimentarians'.

      The bottom line is, if you can counter argue the Anton Pillar decision as to why you should not have to allow a search of your premises, and it is upheld, then a new Precedent will be set and the Merchant Classes would again be denied access. To do this however, will cost a LOT of money for lawers.

      --
      I wish I could think of a witty Sig. Sigh!
    11. Re:Anton Pillar orders explained. by cthugha · · Score: 1
      Let's say you were looking after your dieing mother when they came to your home. If you were to deny them access on medical grounds because of the stress it would put on your mother, that would be acceptable and you would not be in contempt.

      Probably, but just saying "I'm innocent, and I can PROVE IT!!!" just won't do.

      Under our Westminster system, not the government, or even the courts can expunge our 'Common Law' rights.

      Correct, if you're referring to the executive and judicial branches, but you're forgetting that, under our cherished Westminster system, the executive government usually owns Parliament, which can do what it damn well pleases. Up to and including revoking important bits of the common law or conferring statutory powers on courts to make all sorts of funny orders.

  75. Damn Tootin! by Anonymous Coward · · Score: 0

    Anybody that ever used Kazaa was a fucking pirating scumbag!!

  76. Australian Warrants? by clusterix · · Score: 1
    I am sure our Aussie friends can explain their system better, but laying a 'US'ish system of justice on this incident - whoever allowed these raids should be in big trouble (even the judge involved).

    Even if they find personal copyright violations (personal piracy), it would be next to impossible to associate this to the company's business directly (ie. that they are a pirate ring). They would be liable only for the copies found.

    The only thing I guess they were hoping for (and had zero evidence of before the raid probably) would be that they were using kazaa to share these themselves and therefore could be a 'pirate ring' of sorts. If the warrant was on shaky grounds, even if things were found, it could be thrown out.

    More than likely the company has both criminal and civil complaints it can register against this act and burn whoever did this. I really hope that they at least were smart enough to run clean at their offices (home raiding would be iffy from any stand point for a corporate 'act' and could be fought as harasment so hopefully that can save them there).

    This is outrageous, but the US isn't the only place where bad laws are made. At least I hope they were using bad laws (and not just being authoritarian).

  77. Trade negotiations due to finish soon. by Anonymous Coward · · Score: 0

    Just a thought - US/Australia trade negotions are due to finish rsn (days).

    I wonder if little johny howard (our pm) has prompted his ministers to push
    the judiciary into demonstrating a commitment to the enforcement of copyright
    laws in Australia.

    Go johny go

  78. It's ironic by 16K+Ram+Pack · · Score: 1
    Kazaa and the Sherman Networks people would be better off moving to somewhere like Yemen, China or Cuba, where even though you don't have some rights, I doubt they go busting down doors over copyright.

    History teaches us that anyone who tries to get in the way of progress either gets a war against them or is bypassed. Or to put it in other terms "nature finds a way".

    The USA was built on some principles of being a new, golden land. It's heading for decline into conservatism and corruption. I think that China and India will be the new superpowers.

    1. Re:It's ironic by TitanBL · · Score: 2, Insightful

      "Kazaa and the Sherman Networks people would be better off moving to somewhere like Yemen, China or Cuba, where even though you don't have some rights, I doubt they go busting down doors over copyright."

      Oh ya China, good idea, as long as you they did not facilitate the proliferation of information/material of which challenges the "Party".

      "Between 1994 and the present, China's rules and regulations on the Internet became progressively more comprehensive, moving from efforts to regulate Internet business to restrictions on news sites and chat rooms. These regulations give the government wide discretion to arrest and punish any form of expression. For example, "topics that damage the reputation of the State" are banned, but an Internet user has no way of knowing what topics might be considered injurious." More here
      They already banned google

      Yemen sounds good too right?

      Too bad they pretty much banned the Internet in Cuba.

      "History teaches us that anyone who tries to get in the way of progress either gets a war against them or is bypassed. Or to put it in other terms "nature finds a way"."

      You mean like all the wonderful progess we see in China?

      The RIAA is dying - just a matter of time.

      "The USA was built on some principles of being a new, golden land. It's heading for decline into conservatism and corruption. I think that China and India will be the new superpowers."

      I suggest you read The Declaration of Independence

  79. woo-ho! by Anonymous Coward · · Score: 1, Funny

    2 billion loss per day for some compressed
    acoustic waves! mama-mia!

    "more titts, i say!"

    mewonders why the RIA (terrorist groups only have
    three letters) isn't sueing the power companies
    for supplying electricity to the network operators.

    shutting down some power plants should do the trick!

    time to backup that stuff and bury them somewhere
    in the lawn. or for that matter, make a nice
    geo-cache somewhere ...

    good thing the "MY computer" that is running
    P2P client is safely hidden in some dark ally in
    bangkok and is being VPN remote desktop-ed from
    my real home, puh!

  80. More than 1%? You bet! by Undefined+Parameter · · Score: 4, Insightful

    Yes, yes, a substantial portion of Kazaa and other file-sharing programs/networks are in use illegally.

    However, there is also a substantial portion which is used for, among other things, advertisements, legal restores (example: a long time ago, I used a file sharing network to backup an mp3 which I legally owned... the original had been corrupted during a backup to a bad CD; I lost a lot of data, but most of it didn't turn out to be important, luckily), and semi-legal file transfers (where the host might be in, say, Japan where the file is illegal, but the downloader is in the US where there is no copyright and is therefore legal).

    With all due respect, sir, I think you're focusing on the negative side of file sharing.

    ~UP

    --
    Eat the Path.
    1. Re:More than 1%? You bet! by Anonymous Coward · · Score: 0

      semi-legal file transfers (where the host might be in, say, Japan where the file is illegal, but the downloader is in the US where there is no copyright and is therefore legal).

      Um, did you realise that under international copyright law, anything that is copyright in Japan is copyright in the USA?

      Whoops, you lose. Thanks for playing.

    2. Re:More than 1%? You bet! by Mistshadow2k4 · · Score: 1

      Not to mention what's called "abandonware" by companies that went out of business. I know because there's quite a few copies of Loki Games isos and such floating around the edonkey network.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    3. Re:More than 1%? You bet! by the_mad_poster · · Score: 2, Informative

      You are wrong. Unless the company explicitly releases its copyright on the content and puts it in the public domain, the copyright stands even if the company doesn't (that's one of the big beefs with people that don't like current copyright laws - even after ridiculous amounts of time, liquidations, bankruptcy, death, etc. - it's STILL nigh impossible to have a copyright released). In Loki's case, I'm pretty sure they also transferred their copyrights back to the original game owners, but I could be wrong. At any rate, the mere fact that Loki is gone doesn't give you the right to download a copy of the title you didn't make yourself. That's the other catch: downloading a coyp from a pal is illegal - it has to be a copy YOU MADE from your OWN original.

      And this is why I have exactly NO respect for most copyright laws and don't care one bit about the people "stealing" some music, movies, and software (but, hey - let's face it.. if someone's downloading a warez version of HL2 ten minutes after it hits store shelves... well, they're just a dirty theif).

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    4. Re:More than 1%? You bet! by Anonymous Coward · · Score: 0

      > it has to be a copy YOU MADE from your OWN original.

      THis may be true where you live, it is definitely NOT true where I live.

      Actually, where I live, the local version of the RIAA hasfor now given up on trying to prosecute people for downloading music exactly because of the fact that this is not illegal.

      What is illegal here is offering things for download.

      You are right when sayign that you have to make your own personal copy, and that it is illegal to make sucha copy for someoen else (at least in most countries), but the source that you use for the copy does not have to be owned by you, it can be borrowed from hte library or such.

      One local politician made the situation here very clear by saying:
      It would be preferable if the source for such a copy would be legal.

    5. Re:More than 1%? You bet! by southpolesammy · · Score: 1

      You're confusing KaZaA's "offsite storage" capability with its ability to distribute copyrighted media.

      For example, if you are the author of a copyrighted work and you offer that work via KaZaA, then you are in the clear. But if you are not the author and do the same, you have just broken copyright law (in the US), even if you own a copy of the original work.

      --
      Rule #1 -- Politics always trumps technology.
  81. Pay the Piper by malia8888 · · Score: 3, Funny
    From one of the ZD Net articles:

    and some studies have shown that file-sharing may actually contribute to greater expenditure by participants on legitimate music.

    I wonder where these studies came from? Saying file-sharing encourages the purchase of legitimate music is like saying hookers encourage fidelity in marriage.:P

    --
    Harpo Tunnel Syndrome--my wrist feels funny.
    1. Re:Pay the Piper by Anonymous Coward · · Score: 0
      Saying file-sharing encourages the purchase of legitimate music is like saying hookers encourage fidelity in marriage.:P


      Nope. It is like saying that hookers encourage having more sex in marriage.
    2. Re:Pay the Piper by POds · · Score: 2, Insightful

      Actualy i think on some level, copying music does lead to greater expenditure. I wouldnt say that it leads to greater expenditure on a nation or world wide scale but there are people that will copy music before even having heard it, just because its free.

      I've done this several time and it lead me to purchase the next albums by those artists.

      Although i'll admit, when i was younger, this free music thing was awsome to me and i'd copy things left right and center. I even resorted to buying a CD once, copying it and returning it to the store for another CD which i liked. Criminal, yes i know.

      But theres several sides to the copywrite story, but each and everytime people only seem to mention one of them. Here i've mentioned two and im sure there are others.

      --


      Giving IE users a taste of their own medicine since 2005 - http://pods.-is-a-geek.net/
    3. Re:Pay the Piper by Derekloffin · · Score: 1

      Actually, it would be more like saying, Hookers encourage all forms of sexual activity, including that between husband and wife.

  82. Re:Well.. by Anonymous Coward · · Score: 0
    I would be careful saying that this is a rasist attack.

    Perths asian gang scene is a lot different. There has I think been a stabbing in Hyde Pk (not as big as your sides hyde pk) in the last couple of years - between Viet's IIRC.

    I think alot of the gang activity is due to the high number of asian students - some of them carry their gang related activity and values with them when they come here to study.

  83. why is this good you ask? by Anonymous Coward · · Score: 0

    Because now P2P may be rid a spyware!

  84. MIPI ARIA wtf? by Anonymous Coward · · Score: 0

    What does the MIPI do? Well, to be more specific, what does the MIPI do that the ARIA can't? It's not like the ARIA doesn't have enough resources (money) to investigate (sue) everyone.

    1. Re:MIPI ARIA wtf? by bakes · · Score: 1

      Well, now that I do a few seconds of research, apparently the MIPI was 'set up by the music industry' (acording to SMH, so it seems to be just a unit that concentrates on copyright infringement violations. According to the ACCC the MIPI is a part of ARIA.

      --
      Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
  85. CANADA SUBSIDIZES IT'S ARTISTS... by superangrybrit · · Score: 4, Insightful

    and we are already paying a percentage on storage media to artists even though some of us don't even download MP3s!!!

    We already payed for that music already through our taxes and hidden fees.

    Where does it end?

    It's time we cut the free money flow to these thieves.

    1. Re:CANADA SUBSIDIZES IT'S ARTISTS... by foniksonik · · Score: 1

      SO in a global economy... the population of a country that subsidizes an industry, does so for the whole world. Why should Canada be paying when 95% of the world is not? Damn this really makes a point for a global government... I know you hate to admit it, seeing as how all the local (country) governments seem to be screwing their populations... but in the near term NOW, doesn't it make sense to have everyone talking to everyone and coming to some sensible agreements on policy?

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
    2. Re:CANADA SUBSIDIZES IT'S ARTISTS... by Anonymous Coward · · Score: 0

      That's not a payment to the "artists". It's a forced payment to the same oligopoly that financially *rapes* the artists.

    3. Re:CANADA SUBSIDIZES IT'S ARTISTS... by G00F · · Score: 1

      not a monopoly, but a cartel. Much like the diamond industry.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
  86. I wonder what information they took by hsoom · · Score: 5, Interesting

    Michael Malone from iinet has posted on the whirlpool forums saying that iinet was one of the four ISPs raided and that no subscriber information was asked for. What were they after then? A rumour I read is that some RIAA infringement notices were returned with a kind 'go to hell' and the raids are in response to this.

    I know we give the Americans here on /. a hard time about their draconian laws and the RIAA acting like thugs. I have to say that I'm sad to see this sort of thing going on in my own country.

  87. MOD PARENT UP - INFORMATIVE by Anonymous Coward · · Score: 0

    as above, so below

  88. Australian law allows police to search by donscarletti · · Score: 5, Informative
    IANAL however my parents are Australian lawyers (in the states of New South Wales and Victoria, not Queensland) so I aksed them.

    Australian law allows a warrant to be issued providing that a Justice of the Peace has been convinced that there is reasonable grounds for suspecting that there is evidence of a crime on the premises.

    I don't know how this compares with the US justice system and whether this was only granted by the patriot act (I doubt it). This has been the case for many years.

    This is an invetigation of kazaa and it is reasonable that police be able to investigate suspected crimes wherever the evidence may be, otherwise criminals could conceal evidence in their homes and be totally immune to investigation.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
    1. Re:Australian law allows police to search by broeman · · Score: 1

      I would akse my parents too, if they were lawyers :P sorry, couldn't resist

      --

      (yes this can be compared with sex)
    2. Re:Australian law allows police to search by Anonymous Coward · · Score: 0

      That would be fine except for the fact that the people doing the raiding aren't police, they're members of a trade organization much like the American RIAA.

    3. Re:Australian law allows police to search by DMCBOSTON · · Score: 1

      Now, US law only: The basis of the Claus Von Bulow appeal argued by Dershowitz concerned the use of a private investigator to find evidence. The chain of evidence should be held by government police from discovery to trial. The notorious 'black bag' was held by private individuals then turned over to police, thus 'tainting' it. Also, the PI was hired by Mrs. Von Bulow's son, who believed Dr. Von Bulow guilty of murder. (Hell, he was...IMHO). Dershowitz agued that the PI was acting as an 'agent' of the government, thus needed a warrant, as would any government agent. Bottom line, in the US, if you want to get the bad guys, use the police. It is commented here that this makes them 'corporate lackeys'. Bullshit. The cops, on a local level, are real people that have jobs like the rest of us. They can and they will investigate a crime. Bottom line? If the police show up at my door with a warrant or probable cause, they come in. If a private citizen shows up, I can tell them to go to hell, point a gun at them (depending on the local laws) and call the police to thwart the home invasion. ANY entry that isn't a lawful government entry,without my permission is trespassing, or worse.

    4. Re:Australian law allows police to search by the+gnat · · Score: 1

      This wasn't the police. The article states that the music industry group did the raiding. They were able to do this thanks to a law that allows copyright holders to obtain a search warrant without notifying the searchee in court. In effect, the MIPI (equivalent to the RIAA, I guess) was acting in place of the police, without a chance for Sharman to contest this in court, and I'm guessing this is a civil rather than criminal matter.

      I've always thought Sharman Networks sounded like a pretty sleazy outfit, but this is ridiculous. I'm not aware of the US having a law like this.

  89. One reason I'm glad to be in the U.S.... by Anonymous Coward · · Score: 0

    is that, if you don't have a badge and a piece of paper, you're not getting into my house... period... and I have a .50 caliber Desert Eagle to back that up... and the right to use it...

  90. Jazz?! by barks · · Score: 1

    If we're going to discuss liberty and music copyright we might as well throw in musical taste.

    Didn't bother to read the rest of your post as your mention of jazz just took me back to those fond hours in the waiting rooms. j/k :P

  91. deputy Johnny by SurfaceMount · · Score: 1

    Is it a coincidence that Mark Vaile Australian minister for trade is currently in the US finalising (or trying to) the free trade agreement? http://www.trademinister.gov.au/releases/2004/mvt0 07_04.html

    And that the federal election campain is starting to begin? the FTA is very important to PM John Howard.

    Australias soft copyright laws are something the US wants changed and brought in line with their own. hmmm.

    Seems like Australia is playing deputy again......
    "We have solid evidence that Kazaa has biological weapons hidden in its servers!"

  92. No privacy in AU Either by DeanFox · · Score: 2, Insightful

    It appears that the United States isn't the only country where the right to privacy is extinct.

    They must get permission and you can deny them entry, but if you do, you're a criminal and have committed the crime of contempt of court. What kind of law is that!?

    I thought they broke the mold with Ashcroft. But apparently his minions have inhabited this Earth for some time now. Scary.

    From a movie I once saw... Screaming "They're all over the place. We'll never get rid of them."

  93. Raiding messrs Smith & Wesson. by stimpleton · · Score: 1

    Kazaa doesn't download music.
    People download music.

    --

    In post Patriot Act America, the library books scan you.
  94. Lets be petty by Anonymous Coward · · Score: 1, Funny

    We believe that during the raid proprietary code was seized which might allow the music industry to set up their own file sharing system. We therefore ask for an immediate raid on all the music industry premises and confiscation of all suspicious hardware for analysis.... Hey it works both ways.

  95. This is a GOOD thing. Or is it? by GQuon · · Score: 2, Interesting

    Since when can someone search another person's property? Who is to say they did not take data or information not related directly to finding violations of law? At least if it was the police searching, you could have a court determine what is related to the specific law, and what is not.

    Next week: Sharman networks search the offices and homes of the MIPI, any nearby U.S. diplomat, and their lawyers. They find copies of Kazaa light, a program that exploits Sharman's IP and network infrastructure illegaly.

    Week after that: Local slashdotters' homes and workplaces are searched by the BSA and MIPI, looking mp3 files, a format for illegal music sharing, and for clones of Klondike and Minesweeper, business software "borrowing" their look and feel from Microsoft products.

    Repeat untill infinity.

    --
    Irene KHAAAAAAN!
    1. Re:This is a GOOD thing. Or is it? by Anonymous Coward · · Score: 0
    2. Re:This is a GOOD thing. Or is it? by Anonymous Coward · · Score: 0
  96. I wondered what was going on... by james+b · · Score: 2, Informative

    This morning I was standing waiting for my bus outside the building that houses the main Kazaa/Sharman/LEF-interactive office and a couple of guys with cameras and microphones went rushing in.
    I followed them a bit of the way into the building but couldn't see anything.
    Internationally news-worthy stuff doesn't normally happen near my house :)

    /james

  97. Turn about is fair play by Krazark · · Score: 1

    What happens if they have a source safe with a single "illicit" MP3? Does that mean they can confiscate the entire server? Can the same tactic be used to get it back? It is all so confusing.

  98. Not the first time and it's getting worse by villoks · · Score: 5, Informative

    Well,

    This has happened before in the USA and other countries, too. For example Cult of Scientology used to be famous for its raids to the critics' homes (Zenon's case,other cases

    The situation is also getting worse in Europe, because the upcoming IPR enforcement directive will greatly strenghen Anton Pillar orders in all member states (unless we will manage to mount enough public pressure to stop the process, which is unlikely but not totally impossible - contact your MEPS today!)

    V.

    1. Re:Not the first time and it's getting worse by Anonymous Coward · · Score: 0

      contact your MEPS today!

      I would, but I don't know who my MEP *is*. I'm damn sure I don't remember electing one.

  99. Simple Solution by Anonymous Coward · · Score: 0

    1. Levy a tax through ISPs. What did they say? About $6 a month for broadband subscriptions.

    2. Footprint downloads - don't DRM them. Artists get royalties from the big pool based on how many times their stuff gets downloaded.

    3. Round up the RIAA and the MPAA and put them all in jail.

    4. Put Kenny Boy in jail at the same time.

  100. OT: Godwin nonsense by hkmwbz · · Score: 1
    One person whining about "Godwin's law" is bad enough, but here we have TWO ACs who don't know what they are talking about. It seems that they think Godwin's law means that mentioning nazis means losing the discussion. This is wrong, for at least two reasons:
    1. Godwin's Law of Nazi Analogies was: "As an online discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one." Nothing about losing the discussions or that the discussion has to end when Nazis or Hitler are mentioned.
    2. Godwin's Law was just an experiment.
    It makes people look really silly when they take Godwin's Law seriously.
    --
    Clever signature text goes here.
    1. Re:OT: Godwin nonsense by Anonymous Coward · · Score: 0

      Do you really believe the man was serious, or was he simply making the offtopic point you are making now, in a more subtle way ?

  101. Reaaaaaching for a joke..... by Orion442 · · Score: 3, Funny

    NOBODY expects the US Patriot Act!!!....

    ...and now for something completely different...

  102. Re:Well.. by Anonymous Coward · · Score: 0

    Ask an Aborigine if there is no racism in Australia...

  103. "home taping is killing music" by Anonymous Coward · · Score: 0

    see subject

  104. Goodie, goodie, goodie! by Spock+the+Baptist · · Score: 5, Interesting

    I finally have a post to respond to in which I can pontificate on the freedom of the press clause in the US Constitution.

    "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

    'Congress shall make no law...abridging the freedom...of the press;...'

    I argue that the freedom of the press includes the right of any citizen, or group of citizens to own a press. At the time that the US Constitution was written the only means (i.e. technology) for communicating with a truly mass audience was the printing press.

    Historically, only the Crown had the *right* to own a press. The Crown might *permit* others to operate a press subject to prior restraint, but the Crown controlled the uses of all presses.

    In order to have freedom of the press individuals, or groups of individuals must necessarily be able to own, and/or have access to the technology that physically, and infrastructurely allows he/she/them to communicate with a mass audience.

    Thus, it must logically follow that the freedom of the press must include the right to own the means of communicating with a mass audience.

    New technology that provides the ability to communicate with a mass audience has historically, over time, been encompassed by the notion of the freedom of the press with regard to ownership.

    The music industry in trying to advance its copyright claims via the elimination of various channels through which copyrighted materials flow illegally. This runs afoul of the freedom of the press.' That is the notion that a technology which allows for the communication between a person, and a mass audience is covered by the freedom of the press. Ultimately, copyright claims must be superseded by the right of the individual to have at their disposal the means of communicating with a mass audience, i.e. 'freedom of the press.'

    --
    "Oh drat these computers, they're so naughty and so complex, I could pinch them." --Marvin the Martian
    1. Re:Goodie, goodie, goodie! by severed · · Score: 5, Funny
      I am a big fan of the constitution, and freedom in general. Heck, I don't even hate p2p, even though some people pirate stuff that I've made on it. I believe in the marketplace, and that ultimately people will choose to support the production of stuff that they like.

      However, why the big quote from the U.S. Constitution? This happened in Australia.

      Can't you quote someting Australian? :-)

      --

      HaXXXor.com - Naked Chicks Teach You How To Ha

    2. Re:Goodie, goodie, goodie! by Anonymous Coward · · Score: 0

      So what happens in regard to spam?
      (slightly off-topic, I know)
      But surely then we can't stop spam since they have a right to send it.

    3. Re:Goodie, goodie, goodie! by Anonymous Coward · · Score: 0

      "However, why the big quote from the U.S. Constitution? This happened in Australia."

      A statement like that can only mean you're forgetting why it happened in Australia.

    4. Re:Goodie, goodie, goodie! by ergonal · · Score: 1
      Can't you quote something Australian? :->

      G'day mate? Crikey? ... I am actually Australian, btw. :(

    5. Re:Goodie, goodie, goodie! by Anonymous Coward · · Score: 0

      And the U.S. constitution applies to Australia - how?

    6. Re:Goodie, goodie, goodie! by TALlama · · Score: 1

      Just because you can own a press and communicate to a mass audience to it does not give you the right to mass-produce the latest Grisham novel and give it away. This is not about freedom of speech; it's about who owns the content of that speech.

      --

      - The Amazina Llama

    7. Re:Goodie, goodie, goodie! by PMuse · · Score: 2, Informative

      why the big quote from the U.S. Constitution? . . . Can't you quote someting Australian? :-)

      No, sorry. Can't quote anything Australian on the issue of freedom of speech or the press. Australia has no constitutional clause or bill of rights on this topic. These issues seem to be decided by Australia's High Court, which since 1992 has said that there is an implied right in the Australian constitution to freedom of expression of public political topics, but not on much else.

      What the Australian constitution does say is, "Chapter I. Sec. 51.The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ... (xviii.) Copyrights, patents of inventions and designs, and trade marks." This is a great deal simpler than the version found in the U.S. Constitution: "Article I. Section 8. The Congress shall have power . . . To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". The actual Australian Copyright Law of 1968 makes for pretty dense reading.

      IANA Australian (in fact, IAA American), but it seems that Australia lacks a rallying cry to match that part of the U.S. constitution that the *IAA keeps trying to monopolize for themselves: Amendment I. Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .

      None of this should be taken as a disparagement of Australia, of course. For instance, the U.S. copyright laws are at least as dense and a good deal more restrictive besides. It just seems that prohibiting the ownership and use of presses (e.g. CD burners) in the U.S. would involve slightly more hypocrisy than doing so in Australia. It is an equally bad idea in both places.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    8. Re:Goodie, goodie, goodie! by Anonymous Coward · · Score: 0

      You've been on Slashdot for a while now. Surely you must realize the rest of the non-US world is irrelevant.

    9. Re:Goodie, goodie, goodie! by Anonymous Coward · · Score: 1, Insightful

      You totally missed his point. If a technology has a use protected by the Constitution then the potential legal remedies for misuse are necessarily more limited, i.e., the aggrieved party cannot ask a court to shut the technology down.

      Of course, this thread is US-centric, how this relates to Australia where these searches happened isn't as clear, but the Australian recording industry clearly wants to shut Kazaa down.

    10. Re:Goodie, goodie, goodie! by iminplaya · · Score: 1

      In order to have freedom of the press individuals, or groups of individuals must necessarily be able to own, and/or have access to the technology that physically, and infrastructurely allows he/she/them to communicate with a mass audience.

      Thus, it must logically follow that the freedom of the press must include the right to own the means of communicating with a mass audience.


      "Copyrights exist to prevent precisely this. It's to keep the rights of mass communication in the hands of the few. Gov't handed this power over to the corporations to enforce it. We can't have individuals spreading "bad thoughts" to the masses.

      --
      What?
    11. Re:Goodie, goodie, goodie! by PMuse · · Score: 1
      Copyrights exist to prevent precisely this. It's to keep the rights of mass communication in the hands of the few.

      I see the issues as near neighbors, but separate.

      Copyright is the idea that the author/artist (and later, owner) may prevent others from copying his creation.

      Freedom of the press is the idea that if you have a press, you can mass distribute stuff regardless of whether the powers that be like what it says.

      Copyright isn't the bar that prevents most individual people from wielding most forms of mass communication, for instance, radio or TV. What stops them is the lack of a big transmitter and the lack of a license to build one. Ditto the lack of a printing press.

      However, it's a good point that some entrenched money interests (such as RIAA, the broadcasters, and the publishing houses) were pretty happy when individuals couldn't mass-communicate. They were also pretty happy when we couldn't easily copy things (pre-photocopy, pre-laser printer, pre-cd burner, pre-cassette tape), because that gave them a market with barriers to entry that they could thrive in by producing books, music, etc. for us. But now, the means of reproduction and mass-transmission have dropped to prices people can afford.

      What are the old money media going to do now that every individual has a powerful printing press / transmitter (personal computer) at his/her disposal? I'll tell you what:

      (1) Try to make personal copying and transmission devices illegal by over-extending copyright-type laws.

      (2) Lose.

      So long as we prevent (1), eventually the masses will learn that there are other sources of content besides the old media. Oh, it won't be quick -- 20-30 years minimum -- but without a real barrier to competition in the production of content, the transition will happen. Plus, in the meantime, we early adopters will already be happy. This is a fundamental shift in society, this business of everyone owning presses. The only advantages that old money has left are marginally lower cost of production (due to strong organization and high-volume equipment) and its expertise at making the masses think that it's products/music are "popular" and therefore "better". Don't get me wrong -- those guys have mad marketing skills -- but that will only get them so far.

      --
      "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
    12. Re:Goodie, goodie, goodie! by iminplaya · · Score: 1

      Very good points...and thank you for not feeding me FUD about copyrights providing incentives blah, blah, blah. It's nice to see some people take a reasonable attitude about the problem.

      Try to make personal copying and transmission devices illegal by over-extending copyright-type laws.

      This is the real reason they are trying to vilify(?) p2p, etc. They want to take away our "transmitter". using piracy and porno as the scapegoat. I do indeed hope that they lose, but I consider 20-30 years optimistic. I hope I'm wrong. I wonder if the real evil lies with gov't using these organizations to maintain ITS control mass communications. It's a real case of "wag the dog". Here we are complaining about RIAA, etc. when they just might tools for someone else.

      --
      What?
  105. Is thsi going to get millitaristic? by Hurricane78 · · Score: 0

    Don't know what this MIPI is exactly, but to me it sounds like a special pivate police/terrorists-unit of the MI.
    Is it really that far already?

    I mean, how dumb can someone be, to let them do this?

    If they want a war of the big industries agains the internet and the good poeple, then they should be prepared for a firestorm wich takes down their whole ill and mad system.
    If nowadays, the companys act like governments it will happen to them like it happened to rome and it happened to the 3rd reich.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  106. Nice stats mate by nacs · · Score: 1
    The New RIAA Business Model Revealed!

    According to MIPI, there are around three million users simultaneously online and connected to the Kazaa network at any one time sharing around 573 million files. Over 850,000 tracks are made available by over 2,500 Australian users. If each downloaded track was purchased for US$0.99 the total would be over US$2 billion per month globally.

    1. Pay people to spam the Kazaa network with spoofed music files
    2. Wait a bit for the self-spread spoofs to multiply
    3. Sue the Kazaa team for billions in lost revenue
    4. Profit



    Erm... I forgot the ??? didn't I?
    --
    "I filter at +6, and have yet to miss out on an important comment." (#822545)
  107. OK, I'll consider this fair... by JumperCable · · Score: 2, Interesting

    I'll conisder this fair when we can obtain a court order to bust into the offices and homes of the major labels and the ARIA (Austrailian RIAA) offices to randomly collect information on anti trust violations.

  108. Out of proportions by saddambinladen · · Score: 1

    Kaza implementes a technology for SHARING FILES..they get raided. The weapon industry creates weapons to KILL PEOPLE effectively. The abuse of weapons in supression and homocide is substantial. Nobody raids them, or even sues them. Conclusion? Money is valued higher than human lives.

  109. Hasn't MIPI heard... by mr_z_beeblebrox · · Score: 4, Funny

    Don't squeeze the Sharman

  110. Reminds me, i better download 12 gig of mp3s by Anonymous Coward · · Score: 0

    yeah i was wondering why i was bored, time to download 50000000000 GIG of mp3s and movies tonight.

  111. a stick to beat.. by Anonymous Coward · · Score: 0

    people have lots of stuff in their house, in all those raids they're bound to find something thats illegal.
    (wether it has anything to do with p2p I don't know)

    a stick to beat cause they have nothing else, it's pure intimidation.

  112. ok, its gods fault. by cheekyboy · · Score: 1

    People downloaded mp3s/warez before kazaa, does that mean ftp servers should be illegal?

    If every person had a ftp server which was indexed to google. then what?

    --
    Liberty freedom are no1, not dicks in suits.
  113. p2p valid uses and Movie/Music cost too much!!!! by tdwebste · · Score: 1

    p2p networks have lots of other uses besides music and movie sharing. p2p networks good for sharing any very popular files. A good example where p2p networks might work very well for sharing debian packages. IMHO some of the reasons why sharing movies online is so popular are 1) movies are released 6 months after they are in the US. So if I want to see a recent movie I must get it "illegally"!! 2) movies are simply too expensive to see in the movie theaters. Last year I saw 2 movies. I simply can not afford the "price" of movies, sorry I am not rich!! 3) renting movies alwasy struck me as dumb idea. I find watching a movie twice to be a rather unpleasent experience. a) After I watching the movie once, it is worthless. b) The movies I rent always have scratches. So IMHO I should be able to buy a movie for around half the price of a movie ticket, because I don't have a big screen at home. And a movie that'a an old release should cost half as much again. I currently buy most of the movies I watch for a little under $2.00 US per CD. And at that price p2p sharing is not worth the bother.

  114. Reason for no URL by Quizo69 · · Score: 1

    You'd think that, right? :)

    No, the reason I don't make it clickable is that we have 8GB bandwidth per month, and making it clickable makes it that much easier to click on it just for clicking's sake. By not making it clickable I'm in a sense making a tiny barrier to entry that means only interested parties will take the minute amount of time needed to copy and paste the URL into their browser.

    If you wish to you can mirror the site and provide a clickable link, which would save our bandwidth as much as possible.

  115. Hmmm... by CFBMoo1 · · Score: 3, Interesting

    Perhaps Kazaa should raid the record industry executives and represenatives for copies of Kazaa Lite? Whats good for the goose is good for the gander.

    --
    ~~ Behold the flying cow with a rail gun! ~~
  116. What authority do they have? by Anonymous Coward · · Score: 0

    A more immediate question that doesn't seem to have been addressed is what authority does "MIPI" have to raid anyone's office? They sound like some sort of paramilitary organization running around taking the law into there own hands (even then, the question of a law actually having been broken is another question).

    What's next, summary executions?

    -s

  117. If this ever happens in the US... by JumperCable · · Score: 1

    If a private industry/monopoly ever started busting down doors here in the US, you can garuntee a lot more people would start arming their homes. Shot gun sales would sky rocket. Memberships to the NRA would balloon.

  118. Australia amazes me by 0x0d0a · · Score: 1

    It consistently amazes me how far Australia is behind the rest of the world in both a legal and political sense.

    What possible justification is there for having a legal structure for allowing non-law-enforcement people seize data?

    I'm reminded of the project run by a journalist once. The local police chief had been gathering the garbage of a suspected criminal, and going through it without a warrant. The journalist wrote a critical article, and the police chief and local mayor responded, saying that they were entirely in the right (as this was garbage, unwanted material), and that they had no ethical problems with the use of garbage for examination. The journalist responded by going through the trash of the mayor and police chief for a week and writing an article containing all the dirt this allowed them to dig up on the two.

  119. Raided? by NetMasta10bt · · Score: 2, Funny

    What sort of redundancy does their new office layout provide? Are there any significant speed gains with this enhancement?

    [sorry been up for 24 hours rebuilding a damn E4500]

  120. CNN criticizing the "media" by 0x0d0a · · Score: 1

    CNN also likes "media". Criticizing "the media" seems to be hip these days, so CNN goes right ahead and does it. It really doesn't get much more ironic...

    Actually, it does. I remember at one point CNN running a tidbit on whether excessive media coverage of some political event was having negative impact...this was followed immediately by a teaser for more CNN ocverage of said event.

  121. Feh, shoot them when they come through the door. by Anonymous Coward · · Score: 0

    Oop, didn't aussie's already give up their guns?

  122. MOD TO +7 by Anonymous Coward · · Score: 0

    That's great. NOW. Get Fosters to ACTUALLY MAKE THAT A COMMERCIAL. it'd be funny.

  123. Is MIPI a police force? by nurb432 · · Score: 1

    If not, how can they be running around radiing companies, THEN the homes of employees?

    Shouldnt that be 2 seperate issues anyway? I realize this is not the USA, but dont they have any rights down under?

    --
    ---- Booth was a patriot ----
  124. I blame John Ashcroft by Anonymous Coward · · Score: 0

    Even Australia is now under Neo-Nazi-Con domination.
    Pretty soon the only truly free countries will be Cuba and North Korea.

  125. Kazaa is just an enabling mechanism by Feanturi · · Score: 2, Insightful

    If Sharman networks is encouraging piracy, then gun manufacturers are encouraging murder. But you don't see Smith & Wesson getting raided. Granted it's less trivial for me to obtain a gun and make the decision to shoot somebody, but I wouldn't have that power at all if nobody was making them. And that power will likely remain available to me for the rest of my days.

    By the same logic it can be said that producers of alcohol, and car manufacturers combined encourage drunk driving, because these two products are used in conjunction quite a lot, yet both industries continue to thrive unmolested.

    It comes down to personal choices made by the individuals who use these products. I dislike Sharman Networks for getting into bed with BDE and their 'secret' trojan module, and as much as I'd like to see them get a smackdown, I really hope they can just walk away from this.

  126. Re: Tools by Anonymous Coward · · Score: 0

    It is a fucking tool!

    Really?
    And here I was using it for something entirely different.
    Does it give head, too?

  127. The lesson: Encrypt Everything by nurb432 · · Score: 1

    All correspondence, all email, all code, all your files, everything you have. Regardless if its intra-company or not.

    Make it impractical for them to read anything they subpoena.

    That said, any advice on encrypting your entire hard drive, and external media such as CD/DVD, under various OS's ? Regardless of quit or innocence, no one has a right to see what is on my pc, or CD's.. Its *mine*.

    --
    ---- Booth was a patriot ----
    1. Re:The lesson: Encrypt Everything by foo12 · · Score: 1

      It's not the files they'd subpoena --- it's the human readable documents. Handing over encrypted documents in response to a subpoena would probably get you slapped with a contempt of court charge. It's the equivalent of saying, "Yeah you can have the documents but only ina 5,000 year old dead language." Ok not equivalent but close --- there's a better chance of deciphering a 5,000 year old dead language.

  128. Problems with Freenet. by 0x0d0a · · Score: 1

    Freenet's problem is not bandwidth. Freenet clients are capable of getting fairly good bandwidth.

    Freenet's problems center more around:

    * The choice of default interface. Normally, the way you work with Freenet is through a web browser. I'm sure this seemed like a good idea at the time (cross platform, eliminates some code), but it actually brings out a huge number of flaws. It is extremely latency-sensitive, it requires browser reconfiguration for any kind of sane use (with 200 or so simultaneous connections), it is still very easy to eat up all available connections when visiting a page that has, say, a number of thumbnails on it.

    * Latency sucks. Latency really sucks. This would not be a problem if Freenet worked mostly through background batch processes, but Freenet was chosen to be used through a web browser, which means interactive latency is required. It can take ten minutes (admittedly, this is on the high side) for a Freenet request to wend its way through the queue and finally let the next page load). This makes Freenet web interface extremely unpleasant to use.

    * Resource usage. I had a machine that ran *all* my servers before. It was a PII/266 with half a gig of RAM. Freenet killed it, eating memory like a big and maxing out the CPU frequently -- while supporting a single user. The reference (and I believe, only current) implementation is in Java. A stronger argument against Java's resource usage could not be produced.

    * Poor data persistence. The Freenet authors have made some improvements in the past year or so, but, frankly, if I publish a page, some of the images may be missing soon.

    Freenet is an (extremely) neat research project, but despite constant claims from Freenet fans ("Oh, *this* time we have lots of improvements") that Freenet is really "ready for use" this time, it has consistently shown itself not to be generally usable.

  129. Re:Who's the ass who modded this in the first by Anonymous Coward · · Score: 0

    place and where are the rest of you people? This is why you browse at 0 when you mod, so you can find the abuse. How in the hell is this comment Redundant when its the FIRST POST that does not talk about SLUGS? It asks a question. Now maybe gilrain should have RTFA, because maybe his question was answered there, but that's not a Redundant mod. That's a NO mod. Yes, it was a question everyone was asking, but he posted it first and you modded him down. Why? This is abuse or plain old stupidity. I hope for all that is good I get to metamoderate this moderation. Maybe someone responsible will see this and spare their precious moderation points and bring this back above zero. I would suggest underated, because that is what it is. HOW CAN YOU MOD DOWN THE FIRST VALID COMMENT!?! LOOK AT THE THREAD IT STARTED!!! THERE WERE FOUR COMMENTS MODDED FOUR AND ABOVE!!! ARGHHHHHHHHHHHHH! beer...BEER NOW! (You've heard "one out of the cooler")

  130. Re:Well.. by Anonymous Coward · · Score: 0

    Racism in australia is usually directed against asians.
    Kind of like you won't feel any racism in Germany... if you happen to be from, say, france, and white.

    (I live in Germany, before any idiotic mod mods this down as flame bait; I know what I am talking about)

  131. Fuck pseudo-cops. by Anonymous Coward · · Score: 0

    If any motherfuckers who aren't cops with a warrant come to my house and tell me they're going to search it they're going to have the door slammed shut in their faces.

    If they knock again, as soon as I finish opening the door they're going to have their teeth smashed in by the barrel of the shotgun that I'll stick in their mouths before telling them to piss the fuck off of my property.

    If they try and start shit after that, they'll only get in after I'm done discharging 50 shotgun cartridges and they subdue me after my beserker rampage with the butt of the shotgun to their splattered corpses on my front lawn.

    Fuck pseudo-cops.

  132. Japan is Australia's biggest trading partner by Anonymous Coward · · Score: 0

    Not the US.

  133. A Followup Legal Question by WebGangsta · · Score: 1
    I'm betting that this is a redundant question, but I didn't find a related thread so I'll risk asking it.

    Looking around online, I found an article from TeenWire about the Dos and Don'ts of Downloading, which states that "It's also legal to download music that you've already paid for. Let's say you loaned your copy of System of a Down's Toxicity to your friend, but he totally scratched it up. In this case, it's legal for you to go on Kazaa and download the entire album to replace your ruined copy, since you already own the CD."

    So if the RIAA raids you after they've noticed you've downloaded 1000 songs, it would be okay as long as you physically had the CDs, cassettes, vinyl, 8-tracks in your possession? In discussions with others, everyone seems to believe that THIS is considered "fair use" but it really is a gray area right now.

    If TeenWire owner Planned Parenthood says so, it must be true, right? Has this aspect of P2P been legally declared to be true in the US?

  134. What to expect? by Anonymous Coward · · Score: 0

    The aussies live in a penal colony. Criminals have no sense for justice.

  135. Tribute to Mr. Whipple by Cygnus+v1 · · Score: 2, Funny

    "Don't squeeze the Sharman!"

    --
    ---- Politics: Kissing ass and pointing blames.
  136. Solution by Anonymous Coward · · Score: 0

    1) Get a T1 line or better
    2) Share thousands and thousands of mp3's on all networks
    3) Rig mp3server shack with a trap door in the floor
    4) Wait for MIPI/RIAA Polizei
    5) Pull trap door with Polizei inside, dropping them into the secret RIAA Polizei holding area.
    6) Repeat until no more Polizei exist in the wild.
    7) Profit?

  137. BSA does it in the USA, too by Anonymous Coward · · Score: 0

    It is legal in the USA, too.
    The BSA does it all the time, as shown in this article:

    http://www.airscanner.com/pubs/jail.pdf

  138. Moderator idiocy by Anonymous Coward · · Score: 0

    Exactly how can the FIRST POST be redundant?

    1. Re:Moderator idiocy by blixel · · Score: 1, Interesting

      Exactly how can the FIRST POST be redundant?

      Redundant with a post that came later on that has more content because the guy wasn't posting a 1 liner just so he could get first post?

    2. Re:Moderator idiocy by Anonymous Coward · · Score: 0

      I'm sorry, your comment is overrated.

    3. Re:Moderator idiocy by silicon+not+in+the+v · · Score: 1

      [WHATACROCK]You're right, that first poster should have jumped in his time machine to check what this thread would have in it tomorrow and then he could see that someone would follow him up with a "me too" post. Then he could have come back to the present and not posted to avoid that redundant mod.[/WHATACROCK]

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    4. Re:Moderator idiocy by Anonymous Coward · · Score: 0

      Or ... instead of being in such haste to have the "First Post", he could have actually attempted to provide something worth reading.

  139. 5, Funny? by trezor · · Score: 3, Insightful

    Is this moded +5 Funny, because we all have given in and realised that this is the future?

    I mean, it's not funny! It's not even unlikely with the development we see worldwide these days (weak goverments, mighty corporations).

    I'd give this post +5, Apocalyptical yet realistic, but for some odd reason that moderation doesn't exist... Oh. And now I can't moderate.

    --
    Not Buzzword 2.0 compliant. Please speak english.
  140. Shutdown alleys ? by rwjyoung · · Score: 1

    To take your analogy to far, you should arrest the engineers who built the alley and the planners who planned it. The point is not to close the alley but to arrest the drug pusher. Why not treat the desease rather than covering up the symptoms. Closing the alley will just move the drugs elsewhere just as closing Kazaa will move the sharers elsewhere.

    --
    Watch me build my house
  141. We already do by bludstone · · Score: 2, Interesting

    http://www.laweekly.com/ink/04/07/news-sullivan.ph p

    Though no guns were brandished, the bust from a distance looked like classic LAPD, DEA or FBI work, right down to the black "raid" vests the unit members wore. The fact that their yellow stenciled lettering read "RIAA" instead of something from an official law-enforcement agency was lost on 55-year-old parking-lot attendant Ceasar Borrayo.

    The Recording Industry Association of America is taking it to the streets.

    Even as it suffers setbacks in the courtroom, the RIAA has over the last 18 months built up a national staff of ex-cops to crack down on people making and selling illegal CDs in the hood.

    http://www.geek.com/news/geeknews/2004Jan/gee200 40 112023398.htm

    --

    no .sig
  142. What is wrong with this picture? by kurt555gs · · Score: 1

    Excuse me, but how can there be laws allowing PHUQUING MUSIC LABELS to storm in to a premisis swat team style looking for copyright violations?

    I am lost here?

    Private concerns can now use police tactics?

    And this on the heals of a judge saying "This is not piracy, it is something new, and has not been determined what it is"

    I can see that if some one was making actual conterfit CD's and selling them for money, that would be piracy, but listening to a song that some one else purchased is NOT. It is like the judge said something new.

    This is sickening

    cheers all

    --
    * Carthago Delenda Est *
    1. Re:What is wrong with this picture? by AceCaseOR · · Score: 1
      RTFA. They didn't storm in SWAT-Team style. More like the infamous FBI raid on Steve Jackson Games.

      However, this does raise a couple concerns in my mind. First, what is keeping these corporations and industry associations from planting evidence? Second, how long is it until industries start getting closer and closer to gaining law enforcement powers (instead of the RIAA slapping you with an lawsuit, they slap you in cuffs and haul your ass off)?

      The future is looking a little more Gibsonian (and I don't mean in a good way).

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
  143. What is the significant change in Kazaa? by Anonymous Coward · · Score: 1, Interesting

    From the article: The investigation into the Kazaa network has been ongoing for six months, and was precipitated by a significant change in the physical and technical structure of Sharman Networks

    What's that all about? Did Kazaa suddenly start storing MP3s, or logging user IP addresses?

  144. Great Statement by GoodNicsTken · · Score: 1

    "This action appears to be an extraordinary waste of time, money and resources going over legal ground that has been well and truly covered in the US and Dutch Courts over the past 18 months," said Sharman Networks in a statement. "This is a knee-jerk reaction by the recording industry to discredit Sharman Networks and the Kazaa software, following a number of recent court decisions around the world that have ruled against the entertainment industry's agenda to stamp out peer-to-peer technology."

    NUF SAID. You may now go back to your normally scheduled downloads. . .

  145. FASCISTS by Anonymous Coward · · Score: 0, Insightful

    Interesting! Now local fascists are enforcing American Fascist Laws.... Well, this proves that the Fascist States of AmeriKa do not have to use their army of stupidly obeying idiots to get their way. There are enough American emulating idiots in other countries to do their work for them. Maybe when Microsoft is allowed to raid homes to look for commie, pinko, Linux crackers, you all will wake up! (in jail that is)...

  146. BDE raided by Anonymous Coward · · Score: 0

    All it took was for one cop to slip a CD into their server to have execute access on their millions of spyware nodes. Think about that.

  147. Same old oversimplistic arguement by plumby · · Score: 2, Interesting
    From the article...According to MIPI, there are around three million users simultaneously online and connected to the Kazaa network at any one time sharing around 573 million files. Over 850,000 tracks are made available by over 2,500 Australian users. If each downloaded track was purchased for US$0.99 the total would be over US$2 billion per month globally.

    This is the same level of arguement as claiming that people browsing magazines in newsagents is killing the magazine publishing industry because everyone who reads without having paid is robbing from the publisher - at the very simplistic level this is sort of true. Yet most newsagents have figured out that althought there are some lost sales due to people having read the article that they were interested in, this is more than balanced out by people that would not have bought the mag if they had not had a chance to see what was in it first (and most of the people that read it and didn't buy it, would not have bought it anyway).

    Eventually, the music business will come round to the fact that they are increasing sales to people like me. I regularly download tracks from Kazaa, but if I discover something that I like, I will almost certainly go out and buy the actual album.

  148. Comment removed by account_deleted · · Score: 0

    Comment removed based on user account deletion

  149. Blah Blah Blah by Anonymous Coward · · Score: 0

    As a native New Yorker myself, I could(n't) care less which saying people used.

    Those who do care...well there's a place for them...Jersey.

    1. Re:Blah Blah Blah by Doc+Ruby · · Score: 1

      So as one New Yorker to another: "mind your own business". Our city isn't defined by apathetic know nothings, but by those of us who must ignore your simperings.

      --

      --
      make install -not war

    2. Re:Blah Blah Blah by Anonymous Coward · · Score: 0

      Having a bad day I see. It is, no doubt, weather related.

  150. wow by negacao · · Score: 1
    thanks for continuing to convince me not to buy any more music cds...

    stupid evil companies..

  151. Spucatum tauri. by Thomas+Shaddack · · Score: 1

    If you allow sharing generic binary files, and then do acoustic fingerprinting of MP3s and match them against a database of "offending" ones, you effectively did nothing. Any kind of reversible encoding your software isn't designed to - including but not limited to simple XORing with a constant - will break the fingerprint matching. People *will* use it then, if they won't move to other networks without such hassle. You *CAN NOT* be effectively responsible for the content of the network you create; there are WAY too many workarounds around any possible built-in limitation. Last but not least, designing such limitations - if they have to be at least remotely effective - rivals in complexity the P2P problematics itself (no, simple MD5 won't work).

  152. free information by phishfood · · Score: 2, Interesting

    I know of a great place which has greats amount of information for free. this information is about various topics and covers all formats; books, magazines, tapes, cds, movies on dvd/vhs. I fail to see why i cannot copy music from the library to mp3. I can always go there to get it and then rent it for two weeks. why cant i have a copy. moreover, why cant i send this copy to my friend. he is a taxpayer. he also has library card. cant he get the same music? what is stopping my from borrowing a book, copying it by hand and mailing it to my friend? isnt it similar to him going to his local library and taking out the book? I can see a problem with this if i was then charging again for it, but im not. I think the riaa, miaa, mipa, etc should go after the real source of free information, your local/school/etc library. with all this free information on the loose, its a direct threat to our capitalist lifestyles and way of life. remember you're nothing with the new and improved brand y thingy-mabob. so help out the riaa/etc and take a torch to your local library. i think there was a cool book burning see in indiana jones and the last crusade, but it might have involved some nice german fellows in uniform.

    1. Re:free information by Creepy+Crawler · · Score: 2, Interesting

      >>>>I think the riaa, miaa, mipa, etc should go after the real source of free information, your local/school/etc library. with all this free information on the loose, its a direct threat to our capitalist lifestyles and way of life.

      Libraries have been around for thousands of years. That little thing called precident kinda puts water on that book burning thing..

      Still I can think of some great pictures, MPAA logo with a translucent swastika in burning red characters....

      --
    2. Re:free information by max+born · · Score: 1

      A point well made. It's natural to share information and should be a fundamental human right. The Entertainment Industry is under no obligation to record, produce, or distribute anything.

      Except where it concerns public safety or national security, goverments should make no law abridging the right of anyone to parse, manipulate, or disseminate any digital information.

      Share today. http://www.gnutelliums.com

  153. Re:Spiegel by Anonymous Coward · · Score: 0

    Herr Reichskanzler, wird es nicht Zeit, dem dreckigen Juden endlich wieder das Maul zu stopfen? Der Jude bereichert sich seit Jahr und Tag am ehrbaren Buerger und pluendert ihn aus. Wir Patrioten duerfen uns das nicht laenger gefallen lassen. Doch diesmal ist der Jude zu weit gegangen und seine Geldgier wird ihn wieder zurueck in die Konzentrationslager zur Sonderbehandlung treiben.

    Deutsche, kauft nicht beim Juden!
    Amerikaner, kauft nicht beim Juden!

    Ehrbare Weltbuerger, lasst euch nicht mehr die Unterdrueckung durch das Weltjudentum gefallen. Wehrt euch!

  154. Interesting Timing by kwandar · · Score: 4, Interesting

    Its interesting that MIPI waited until just after the MGM v Grokster case to request and search.

    Probably my tinfoil hat, but I wonder if a failure to find anything would have been detrimental to the Appeals Court case? The RIAA attorney tried to push the point that Grokster were complicit in "trafficking in pirated goods", which the judge duly scolded them for, as abusive.

    The timing just seems a little funny?

  155. jesus... again.... by comet69 · · Score: 1

    i can't believe these people get so pissed about the distribution of music.. i still have yet to figure out why this is as big of a deal as the record industry is making it out to be..

    it benefits the artist more than any type of distribution ever.. the RIAA in particular is just mad because they didn't think of the idea first.. you don't have to charge people for music, when in the long run the artist will have a HUGE fan base thanks to free distribution WORLDWIDE.. don't you think that the record industry could benefit like CRAZY by saving money on distribution and pressing costs?? help the artist.. don't destroy them..

    --
    - Hi I'm Linus Torvalds and I pronounce Linux, Lih-nix..
  156. I wish someone would have been killed ... by jasonsfa98 · · Score: 1

    People don't listen until people start dieing. They need to understand, that you do NOT walk into another mans house without first talking to his gun. F*cking RIAA/MPAA

  157. this was Fortune Magazine Cover Story by peter303 · · Score: 3, Informative
  158. Everytime I read something like this by Anonymous Coward · · Score: 0

    Everytime I read something like this it makes me glad I live in the U.S.

  159. Friz Hollings is retiring Thank God by Anonymous Coward · · Score: 0

    And the good people of South Carolina will replace him with a REPUBLICAN!
    Lets hope he is not an owned Hollywood weasel too.

    1. Re:Friz Hollings is retiring Thank God by Anonymous Coward · · Score: 0

      'cuz we all know how much the republican party sticks up for individuals rights over corporations... right.

  160. Payback may be a bitch by russotto · · Score: 1

    How about if Kazaa gets an Anton Pillar order against MIPI, on the suspicion that MIPI is using the infringing "Kazaa Lite" software?

  161. Try this in the US. 'specially in the south... by phoenix321 · · Score: 5, Insightful

    and get shot the instant you set your first foot on the premises. No vigilant citizen should be expected to allow this madness. If the government does not protect you and your property from private intervention, heck, if it even endorses private break-in as similar to law enforcement with a warrant and due process unter public scrutiny, then it is the right and the duty of all law abiding citizens to withstand and prevent these actions and even if it sounds provocative: by all means necessary.

    The United States of America have a long tradition of people's rights, human rights, democracy and personal freedom. If someone is undermining the very foundations of this country, if they try to finally corrupt the entire state starting with the legislative process through bought senators, bypassing the judicial branch through their own actions and even replacing the executive branch with their own mobsters, it is time for every citizen to react. Form militias, arm yourselves. This is exactly what the second amendmendment was created for: empowering the citizen to protect himself from unwarranted searches, abuse of governemntal powers and the failure of the offical system. Don't tolerate private companies violating private property! Don't tolerate companies who subvert the legal process! Don't tolerate the corruption of the land of the free!

    And please remember the following sentences: "I don't agree with what you said, but I'd fight to my death for your right to say it!".

    I don't endorse the breach of copyright or anything like that. Even if Sharman Networks did violate this law or another, I will not hesitate to fight with them or anyone else who is denied his constitutional rights and due process over a non-violent, non-capital and non-life threatening crime.

    (Even if it sounds provocative or flamebait, it is not meant as such. I truly believe in the law and the constitution as the only rightful way to run a country. Posting logged-in to emphase this, even if the TIA and the rest of the three-letter agency scum will have a field day with their eternal databases. And yes, I reinstate: this comment is about about militant actions against the enemies of the constitution and yes I do make a call to arms against attempts to corrupt the last ones of our private rights.)

    By the people - for the people. Nothing else!

    1. Re:Try this in the US. 'specially in the south... by ichimunki · · Score: 1

      Well, yes. At first the very idea of such a law is shocking to the American sensibility. Some of us are even a bit concerned that the FBI has subpoena/warrant-free access to things like our library records. But my main question here is not whether the government can execute this type of search. That answer is clear: they can. The question is: does this sort of Order constitute a type of temporary deputization? What kind of oversight is done in these countries to ensure that these Orders are performed correctly? After all, it seems to me that allowing a plaintiff to perform this type of act is a huge conflict of interest.

      Cops are private citizens, too. Except when acting under color of law as allowed by their office. So the law obviously recognizes that the government has the right to authorize agents. That is not at issue. AFAIK, store security guards have the right to detain and search people (with probable cause).

      So the question is: does the involvement of the Court in granting the Order satisfy due process? Are there any Constitutional protections against plaintiffs being the ones authorized to perform searches and seizures? Nothing in the 4th amendment says who will be doing the searching and seizing. Obviously the police have the right to do so, as they are technically neutral in these disputes, but can the government authorize parties to the complaint to do so? Do we have precedents one way or the other on this?

      --
      I do not have a signature
    2. Re:Try this in the US. 'specially in the south... by geoffspear · · Score: 0, Funny

      You believe in the law as the way to run the country, but you advocate murdering people who show up at your door with a court order? Uh, yeah.

      --
      Don't blame me; I'm never given mod points.
    3. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      I believe people with the name geoff should be shot.

      Now, meoff is a different situation, ie Jack Meoff.

    4. Re:Try this in the US. 'specially in the south... by AliasF97 · · Score: 1

      buddy, I got a cup of decaf here with your name on it.

      Really though, doesn't this all seem like an act of desperation, and, in addition, yet another example of the recording industry's uncanny ability to destroy PR with the general public? It seems to me that it is possible to get people to do things your way by strong-arming them into doing it, but wouldn't getting people to understand your position work better? And I don't mean that ridiculous campaign they launched about taking money from the artists. I saw that as an insult to our intelligence. Even artists complain about how profits are divided between themselves and the record companies. In my view, artists have joined the recording industry for two reasons: firstly, because they are made to believe that the current system is the only one that they can live under, and getting something is better than nothing, and second, some artists have endured the long, arduous process of working out a halfway decent deal, by no means, as I understand it, an easy feat to accomplish.

      At any rate, I'm of the estimation that, even after this whole downloading affair is over, the recording industry is in for a big surprise when sales don't improve, mainly because a lot of people are fed up with the current selection of music. Not all of us are 13, and not all of us want to go to a concert to see a lip-synced dance routine. This is evident, I believe, by looking at some recent grammy winners that were not, to my knowledge, extensively hyped by the recording industry (Norah Jones, Oh Brother Where Art Thou). As for me, I suppose I'm biased. I still like that old timer rock n' roll, as the man said...but I'd even settle for some rap that's not the same three notes repeated over and over and over and over and over again.

    5. Re:Try this in the US. 'specially in the south... by happyfrogcow · · Score: 1

      You believe in the law as the way to run the country, but you advocate murdering people who show up at your door with a court order? Uh, yeah.

      To unconditionally accept any law a government passes is rediculous.

    6. Re:Try this in the US. 'specially in the south... by geoffspear · · Score: 0, Troll

      So what you're saying is that you don't believe at all in the rule of law, and you prefer a society where each person decides what's right and wrong and kills anyone who disagrees with them. I hope you'll agree that every single other person in the world has a right to preemptively kill you, then, to be consistant.

      --
      Don't blame me; I'm never given mod points.
    7. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      FINALLY!!!! A true patriot.

    8. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      http://www.enchantedlearning.com/usa/flags/usa/don ttread/

    9. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      He is not talking about individuals, the recording industry and our government are ABUSING their powers. You didnt hear me, they are ABUSING their powers. The lion is raising its head and the looking at its own government (if you dont know this reference then read some history). Remember those who dont learn history are doomed to repeat it.

    10. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      If they just show up at the door, I'd say no. But if they try to force entrance when I tell them they're not wanted I can't see any reason to treat that differently than a burglar in the house.

    11. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      Damn right! If some pricks try to raid my home with a piece of paper and no badge; I'm first going to warn them to leave. If they persist; I'm going to shoot them dead. That'll put an end to this private raid shit really fast.

    12. Re:Try this in the US. 'specially in the south... by ejeetify · · Score: 1

      In Texas, you can shoot someone who's trespassing without even warning them. If they're not part of a government agency, they're trespassing. The end.

    13. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      You're being obtuse. In most states in the USA, the right of someone to defend his own life is very well established. If someone broke into my house, my first concern is for myself and my family, and the person who has broken into my house is at risk of dying, whether he claims to be wielding an Anton Pillar order or not.

      Your list of assumptions in your post are ridiculous.

    14. Re:Try this in the US. 'specially in the south... by happyfrogcow · · Score: 1

      Thats not at all what I'm saying. I'm saying that a person has the right to question the rules that govern them, if that person did not have a say in the making of those rules. More often than not, in a representative democracy, people really have no say about the small laws. They can only hope that the person they voted in won't be swayed by outside (monetary) influences and that the person elected does in fact abide by a code of ethics similar to theirs. When some law is passed that is questionable, the public should have a right to protest those laws. The U.S. constitution provides means for the public to protect themselves from an overly intrusive government, and if that means a person wants to draw arms and begin a violent confrontation then so be it. However, I think a little Civil Disobedience goes a bit farther but I am glad that I can defend myself with force if needed.

    15. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 1, Interesting

      Personally my father is a 30 year veteran in law enforcement in canada, and as other /.ers with friends/family involved in law enforcement, I have a problem with what you're suggesting here.

      If your father was a real cop with thirty years of real experience, then he would not be a part of any raid to begin with. Real cops hate private law enforcement; i.e. bail bondsman, bountyhunters, etc... They would never take part in something like this. My roommate, who is a REAL cop, said that if some random people showed up to try and search our place, he would drop them right at the door jamb, and expect me to keep feeding him ammo.

      The only people who have the authority to enter a private home without the permission of the owner are law enforement officers armed with either a search warrant or probable cause. Anyone else would be considered an intruder. In most states, you can kill an intruder.

    16. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      You're proposing to honor our long tradition of human rights by committing a crime yourself (at least manslaughter but I'd go for a second degree murder conviction).

      And that's why you are not the prosecutor. Defending one's home is a fundimental right that is protected by an affirmative defense in this situation. It is, in fact, NOT murder in any form (manslaugher included) to kill someone whom breaks into your house.

      If you don't think there is anything wrong with some random person coming in and searching your house, then give me your address...

      A similar note: In Louisiana, we have the "Shoot the Carjacker" law. It's just what the name implies. About half a year ago, we had a homeless guy try to carjack a woman in a parking lot. She shot him twice. He lived. (she was using a .22) We haven't had any carjackings since.

    17. Re:Try this in the US. 'specially in the south... by Anonymous Coward · · Score: 0

      If you don't think there is anything wrong with some random person coming in and searching your house, then give me your address...

      He said with a Warrant dumbass.

    18. Re:Try this in the US. 'specially in the south... by petabyte · · Score: 1

      And I don't question that. The grandparent proposed taking up arms and shooting someone that has a warrant to search your property. Do I like that this person is not a member of law enforcement? No, I don't. (The issue really doesn't apply as the law this rant started about does not yet exist here). But I don't think thats a valid reason to shoot someone. Sue the hell out of them, sure; change the laws, sure; shoot them, no.

      Shooting someone for trespassing is different, and _I_ would shoot someone if they pose a threat to my family or kids. But I guess that really comes down to personal opinion.

    19. Re:Try this in the US. 'specially in the south... by zoloto · · Score: 1

      You sir, kick ass.
      I didn't take it into consideration that there were many slashdotters who'd be public about this especially since most of us seem to be, how do I put this... lethargic in their patriotic duties.

      no not the patriotic duties GWBII and Co have (which sound 1984-ish) but actual honest to God patriotism.

      I hear your call to arms, and raise you two mortor rounds!

    20. Re:Try this in the US. 'specially in the south... by ignavus · · Score: 1

      The United States of America have a long tradition of people's rights, human rights, democracy and personal freedom.

      Provided you aren't black, or a native American, ...

      --
      I am anarch of all I survey.
    21. Re:Try this in the US. 'specially in the south... by phoenix321 · · Score: 1

      Sad but true, I must admit. But recently it may be getting better at that, at least it seems it does...

      I don't want to offend you, but I might ask if the US may be the "freest" country for blacks and hispanics in the world, in spite the discrimination from the white majority. Please no flames for this, it doesn't mean we should stop at this point trying to gain equal rights for anyone (relatively speaking), but a rather discriminated black living in the US may have more rights, more personal freedom and a higher standard of living than a non-discriminated black anywhere else (absolutely speaking). "Only" 20% of the black American are still living in "the hood" - so 80% of all black Americans maybe enjoy most if not all benefits a white person can.

      Your comment was true, but I think it's not necessary to induce guilt every time one speaks of public freedom. Equal rights for all are still far from being reality, but we've come a rather long way closer to that from even the 1950s.

  162. Old adage by lysium · · Score: 1
    If this kind of thing is valid, I don't see where so many .au slashdotters get off saying that the US is a police state.

    It takes one to know one.

    =-----------=

    --
    Together, we will drive the rats from the tundra.
  163. Re:p2p valid uses and Movie/Music cost too much!!! by tdwebste · · Score: 2, Informative

    p2p networks have lots of other uses besides music and movie sharing. p2p networks good for sharing any very popular files. A good example where p2p networks might work very well for sharing debian packages.

    IMHO some of the reasons why sharing movies online is so popular are

    1) movies are released 6 months after they are in the US. So if I want to see a recent movie I must get it "illegally"!!

    2) movies are simply too expensive to see in the movie theaters. Last year I saw 2 movies. I simply can not afford the "price" of movies, sorry I am not rich!!

    3) renting movies alwasy struck me as dumb idea. I find watching a movie twice to be a rather unpleasent experience.
    a) After I watching the movie once, it is worthless.
    b) The movies I rent always have scratches.

    So IMHO I should be able to buy a movie for around half the price of a movie ticket, because I don't have a big screen at home. And a movie that'a an old release should cost half as much again.

    I currently buy most of the movies I watch for a little under $2.00 US per CD. And at that price p2p sharing is not worth the bother.

  164. Its a UK law, incidentally by steve_l · · Score: 2, Informative

    It is worth noting that you cannot blame the Aussies for the law, it is something they took from the UK and have retained, though both countries could drop it.

    It is very, very rare -its a kind of pre-emptive seizure which can only be justified by the 'recipients will destroy the evidence' claim.

    Note also that in the UK there are essentially no limits on what the state security organisations can do in the country. Unlike the US, where the CIA and NSA are allowed to break US and local laws abroad. I guess only the FBI can break laws on the US mainland?

    Whatever, the key point is that one democratic countries legal system cannot and should not act as a replica for another. Britain has silly laws (anton pillar, Prevention of Terrorism (emergency powers) act 1974 + successors, RIP (the encryption one), and politicians (esp that david blunkett) are always trying to copy the worst bits of other countries. And that is where we all need to keep an eye on all 'harmonisation' programs, be they copyright, privacy, terrorism: they always go to the most repressive, not the least.

  165. Finally by Anonymous Coward · · Score: 0

    Although it's a bad thing for P2P users, the losers at Sharman and Brilliant Digital really deserve it after packing so much spyware into a product and shutting down KaZaa lite.

  166. It sounds like... by Bz3rk · · Score: 1

    Waco all over again

  167. They can win the battle,but they have lost the war by Madcat123 · · Score: 0

    By the time they (RIAA & friends) win the Kazaa battle, they have hopelessly lost the war. Major p2p networks are already going or have gone decentralized (overnet, kademlia), others will follow shortly, and thus will be nearly impossible to shut down.

  168. Wake up... by virid · · Score: 2, Insightful

    This is not tin-foil hats, this is real. The U.S. Patriot act gives the government the right to go into your house go through your computer and never tell anyone they were there. Also, if you happen to figure out they were there, and you tell anyone, they can put you in jail.

    Welcome to your country...

    --
    "The world only exists in your eyes. You can make it as big or as small as you want." - F Scott Fitzgerald
    1. Re:Wake up... by Anixamander · · Score: 1

      Well, to repost what I posted in another topic concerning the PATRIOT act, don't just bitch about it, do something. Encourage your congressperson to support the SAFE act. It seeks to correct some of the more egregious PATRIOT act violations.

      Details and an easy way to send a fax to your congressperson here

      This post brought to you by a proud card carrying member of the ACLU.

      --
      Do not taunt Happy Fun Ball(TM)
  169. Ya, I had this great Cocaine-making machine... by Killswitch1968 · · Score: 1

    .. and they raided my house and took it away! I mean honestly. Cocaine-making machines can be used for all kinds of legal purposes, such as... coffee tables.... and...umm... abstract decorative metal-art.

    --

    Corporations: your universal scapegoat for all society's ills.
  170. Just had an idea... by Maudib · · Score: 1


    Freedom of speach has become a right that is very much open to "reasonable" limitations by the government. On the other hand the first amendment has protections in it for more then just speach, and the one protecting religion has never really been abridged.

    I have never really been a big fan of organized Religion, but maybe if we made P2P traffic consist of a noticeable amount of traffic regarding religion, then the courts would have more difficulty allowing government oversight.

    Just a thought.

  171. Mod parent up. by Anonymous Coward · · Score: 0

    Good stuff. Kudos.

  172. Actually by JMZero · · Score: 3, Informative

    A lot of porn companies apparently put samples on the file sharing networks as ads. Some apparently even include popups of their sites embedded in wmv's.

    --
    Let's not stir that bag of worms...
  173. Well... by Loki_1929 · · Score: 1

    I can only hope that the RIAA starts trying this sort of thing in the US, and that they attempt to "force" their way into my home. I'd suspect that I'd be on the telephone for quite a while with the RIAA arranging for the cleaning of my walls, the shampooing of my carpets, and the removal of the bodies of the henchmen at the RIAA's expense.

    And to think, so many foreigners have decried the US's "fascination with firearms". It's for precisely things like this that we maintain our rights to bear arms. When private organizations can arbitrarily act as law enforcement for the state, the state becomes indistinguishable from a private organization. Thus, the battle for control begins. Your government has weapons, do you?

    One thing Americans have, for the most part, retained is a healthy mistrust of their government. Hopefully, situations like this will bring more folks around in other nations. Big government solves little, though the problems it creates would make for an impossibly long list.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  174. Sharman Networks needs... by Jon+Abbott · · Score: 1

    You know who Sharman Networks needs to defend themselves from the MIPI/IFPI/RIAA/MPAA thugs? None other than Terry Tate, office linebacker, of course! :^)

  175. Re:NO,NO,NO,NO,NO,NOOOO! by Anonymous Coward · · Score: 0

    Caaaaaapisce!

    ughaglugalhguhagluhagulhagul.

  176. your sig's on topic, though.... by rbird76 · · Score: 1

    if the record industry could do math (or anything related to rational thought), they wouldn't be in the pickle they're in.

    I guess the positive version of the Golden Rule ("do unto others what you would have them do unto you") really works. Or, in other words, karma's a b*@%h, RIAA.

  177. What else would you expect from Rubert Murdoch? by Anonymous Coward · · Score: 0, Insightful

    This is, after all, the home of Rubert Murdoch. Rubert Murdoch, is after all, the biggest piece of trash in the known universe. FOX News is perhaps the larger purveyor of bullshit politics, including "conservative" policies of big government, foreign intervention, individual rights curtailment and the big "P" word - PIRACY. They may have not started it, but they certainly promoted the use of the term "pirate" for people who make copies of CDs and movies for personal, private use.

    The only thing that is defensible about FOX is the Simpsons and to some extent Family Guy.

    They have promoted war - for which they better start using those billions to air condition Hell, and for all we know, that bastard engineered the Bali bombing just to get Australia "into the war" - securing the old ties of white english speaking people under the stars and bars, if not the union jack.

    Australia is a country by, of and for the corporation, just a sunnier and more laid back police state.

  178. Australia? by Anonymous Coward · · Score: 0

    why... everyone knows that Australia is peopled by criminals! ;)

  179. Re:Feh, shoot them when they come through the door by titzandkunt · · Score: 1


    "... Oop, didn't aussie's already give up their guns?..."

    And what happens when a freedom lovin' citizen of the good ol' U S of A greets The Man with a gun in his paw?

    They kill him anyway and try to steal his house and land

    Ain't democracy grand!

    T&K.

    --
    Political language ... is designed to make lies sound truthful and murder respectable...
  180. According to RIAA lawyers, 10% is non-infringing by reptilicus · · Score: 1

    ---Do you really think that more than 1% of the traffic on Kazaa comes from legitimate sharing?--- In the hearing this week, RIAA lawyers claimed that there were 750 million files and only 10% of them were legal under copyright laws. Of course, this backfired a bit when the judge realized that meant 75 million legal transactions: "So 10 percent is non-infringing?" Noonan asked. "That sounds like a lot of non-infringing files to me."

  181. At least no one can..... by vwjeff · · Score: 1

    search my home without a search warrant signed by a judge. Oh wait, I forgot, the DMCA. My fault. I better go encrypt my files.

  182. Actually... by cr0sh · · Score: 2, Insightful
    Saying file-sharing encourages the purchase of legitimate music is like saying hookers encourage fidelity in marriage.

    While I don't know about the validity of the concept, I do know that there have been studies done exploring the concept that use of prostitutes (as well as having other sexual partners) outside of the marriage can help strengthen and keep the marriage together.

    ::: TANGENT AHEAD :::

    Note that this isn't the same as "fidelity" in marriage, though. Some people have different concepts on what marriage and mutual love can mean/represent. Marriage is more of a contract of trust and commitment. That doesn't mean that two people (who are married) couldn't come to a mutual, trusted agreement to allow each other to seek partners outside of marriage (ie, "open marriages"). It is when that trust breaks down (ie, not telling the other person - whether that is at the beginning or elsewise, not sharing feelings, etc), that the marriage is likely to fall apart.

    This is where the concept of poligamy (and polyamory) is twisted in so many individual's minds. For these people, it seems inconceivable that more than two (unrelated) people can love each other in both a mutual and sexually based manner revolving around trust - yet have no problem with the concept of loving families (that is, groups of family-related people who love each other in a mutual, non-sexual, and trusted manner).

    Once again, if the trust breaks down - whether it is between two people in a traditional or "open" marriage, three or more people in a polygamous or polyamorous "marriage", many people (in a traditional loving family), or hundreds of people (in a corporation) - that structure is going to break down. We see it with so-called "loving" marriages that fall apart, dysfunctional families on Jerry Springer (I know, cheap shot), and Enron.

    It has nothing to do with the structure, but rather the trust (and in the case of marriages and families, the love being exchanged via that trust).

    --
    Reason is the Path to God - Anon
  183. MOD PARENT UP!!! by hellraizr · · Score: 1

    HERE HERE! MOD THIS MAN UP! this law would just *NEVER* work in the US, not without the cops being there to oversee everything. legal firearms and a very liberal policy on self defense when it involves a stranger coming into another persons home would make this the most hazardous job in the world.

  184. Re:Well :: I said it more than once, I'll say it by ainsoph · · Score: 0, Flamebait

    again....

    Like tell me, how the fuck do you plan on defending yerself against like say, the pure brute force tactics of a DEA raid, which in LA include tank like objects with battering rams, choppers, SWAT teams.. A whole host of firearms?

    Then there YOU are.. 'MeriKKan sitting on the front porch in a rocker with your double barrelled shotgun?

    mmmmmkay..

    We cant even get into the NON possibility of you taking out the national guard, etc..

    So what the fuck is it with you gun nuts, besides from the fact you're just that: Nuts?

    I mean, guns are cool, I guess.. I'm not into them, but to each his own.. But this I will defend myself against the greatest armed forces in the entire world thing simply has to go.

    It makes you look like a bunch of kooks.

  185. *OMG* by hetairoi · · Score: 1

    We must stop these evil file sharers before they destroy the world economy! We can simply shutdown all of these corrupt organizations that you mention, because they are obviously criminal.

    We can create laws to prevent Gnutella, EDonkey and all the p2p software. Then we can ban IRC because obviously it's evil, just look at how many evil h4xx0r's are there.

    What's this? Eff Tee Pee can be used to transfer files? Shut that down too. And email, you can send copyrighted material in email? And look at all that porn spam and virus' spread by spammers. Evil I tell you! We must legislate them away!

    And you say people can use 'browsers' to request files from remote computers. Shut them down, obviously this is only used by corrupt youth trying to steal from poor Britney Spears. We must prevent computers from being able to transfer any type of files at all! Then we will have a nice clean internet that any God-fearing patriot can use freely and not fear that the evul hackers will steal his copyrighted music that he sells through the RIAA.

    What's that you say? People can just meet in person and swap cd's or tapes? Crime! Crime! Anyone seen talking to another person in public is commiting a crime! For that matter, anyone talking to someone behind closed doors is so blatently breaking the law that we might as well shoot them on the spot.

    Now, all of you sit quietly in your grey cubicle and don't look at one another.

    YOU! You there, I can tell that you're *THINKING*! Stop it now or we'll give you a labotomy!

    --
    you're all figments of my deranged imagination
  186. Hit the MIPI Right Back by CritterNYC · · Score: 1

    Sharman Networks should immediately request the ability to do the exact same thing to MIPI. MIPI most likely has modified versions of Kazaa running on their systems to monitor the Kazaa network. If Sharman can at least determine from their servers that this is probable within MIPI's IP address space, they should get the same right.

  187. Re:Slugs by Anonymous Coward · · Score: 0

    Could you link us some pictures please?

  188. Re:Well :: I said it more than once, I'll say it by Loki_1929 · · Score: 1

    "how the fuck do you plan on defending yerself against like say, the pure brute force tactics of a DEA raid, which in LA include tank like objects with battering rams, choppers, SWAT teams."

    DEA != RIAA.

    The RIAA raiders might have handguns, if even that. I would suspect that allowing the raiders to carry guns in the course of their jobs would open the RIAA up to such a horrendous liability that they wouldn't risk using an openly-armed militia-like force. Against 5 lightly armed men who are trying into my home, I could do considerable damage. I suspect that the first two would drop before anyone knew the raid had gone bad. Whoever runs away can go, but invade my home and die.

    "We cant even get into the NON possibility of you taking out the national guard, etc.." ... " But this I will defend myself against the greatest armed forces in the entire world thing simply has to go."

    I said defend, I never said defeat. First of all, I have absolutely no problem complying with a valid search warrant, signed by a judge, supported by oath or affirmation, with those executing the warrant behaving in good faith, so long as the warrant and search are respectively obtained and executed within the bounds of the Constitution. I'm not doing anything worthy of my home being searched, so I'm not terribly worried about being served with a search warrant. That being said, if the government began a campaign of breaking down doors to go on "fishing expeditions" as we call them here in the 'States, they're going to run into a problem when they get to my door. That doesn't mean that armored vehicles and helicopters are coming down at my hands, but it does mean that I'm not about to roll over like many others seem content to do. You apparently have either never heard, or simply don't believe in the phrase, "better to die on one's feet than to live on one's knees". Or perhaps this one makes a bit more sense for you - "Live Free or Die".

    "So what the fuck is it with you gun nuts, besides from the fact you're just that: Nuts?"

    Gun nut? I own a few firearms, mostly for hunting, a couple for protection. Other than that, I'm not terribly into them. I don't subscribe to magazines and newsletters and such for guns, nor am I an NRA member or associated with any of the crazy militia groups. I'm just someone who values my liberty more than my life. I consider that the only non-cowardly take on the subject. I have no respect whatsoever for those who would relinquish their liberty in a vain effort to preserve their life. To me, such a life and such a way of life is pyrrhic by its very nature. My take on guns is that they provide protection not from overwhelming force, but from the self-preservation instinct that beseiges each individual to surrender liberty to tyranny when called upon to do so under penalty of death. A gun can be a tool to give one the courage to stand up and be prepared to pay the ultimate price in an effort to preserve the very things that make life worthwhile. Death is not defeat when one dies fighting for liberty. In this case, death is a victory, as the tyrant no longer holds any conceivable power over you, and you have died with honor.

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
  189. Re:Feh, shoot them when they come through the door by Anonymous Coward · · Score: 0

    His mistake was hesitating and obeying authorities. You shoot them dead first, as time and again law enforcement have shown themselves to be just another group of thugs.

  190. Jeter and Orwell by Anonymous Coward · · Score: 0

    Every year it looks like K W Jeter's Nior is the 1984 of our generation.

  191. Good! by Anonymous Coward · · Score: 0

    Serves them right. Those kazaa thingies make that annoying sound, like a high-pitch armpit fart, and when people play music with them --ugh. I hope they have their skin peeled off with a utility blade.

    One question, why are the toilet paper people at Sharman making kazaa thingies? It make no senth to me.

  192. I give up no freedom for SS by DrMorpheus · · Score: 1
    about welfare, social security, and other similar programs? Isn't that giving up "freedom" for "safety"? You're merely socializing programs (giving them to the government, therefore giving up your freedom to control them)
    I lose no freedoms as a citizen of a democratic republic because I retain control over those things.

    Are you seriously so stupid that you cannot realize that you also "give up freedom" when you turn over control to a private organization (company or corporation)?

    As a citizen I have rights. As a "consumer" I have none, save to buy or to sell.

    I'll take being a citizen over being a "consumer" any day.

    --
    Debunking the "59 Deceits"
    1. Re:I give up no freedom for SS by AliasF97 · · Score: 1

      How is handling your own retirement turning over control to a private organization? I made no references to companies or corporations. What amazes me about you people is that you consistently berate the government because "THEY are watching you!" yet, when you want to prove a point, you make your relationship to the government sound so noble: "a citizen of a democratic republic," and you have no problem turning control of certain aspects of your life to it.
      In fact, you are giving up freedoms to SS. I'm not saying if it's good or bad, it's simply a statement. You "retain control over those things?" What things? Try demanding money back for what you paid in SS on your last paycheck. Let me know how that goes. You have no control over that. The government decides "X" amount of your paycheck goes to SS. If SS, in the state that it is in now, was an optional investment on, say, the stock market, would you invest in it? That's my point, you have no control over it, so freedom is given up for safety.
      As for your statement on citizen/consumer rights, that's up for debate. I'm not sure exactly what you're implying. There are abuses on both sides, and I'm not suggesting giving absolute control to either. But as a consumer, I can make choices; I can choose not to buy from companies that I view as abusive, MCI/Worldcom comes to mind, whereas the government can equally squander the public's money and I have no choice but to keep giving them money. Perhaps I'm missing your point...

  193. Solution to this problem! by mrshowtime · · Score: 1

    This is why every business should have bouncers, preferably 7 foot tall Black Bouncers. They won't take shit from anyone, and unless that person or persons has a badge (police badge) they ain't gettin' in, period! Or just shoot them for trespassing and then make up some story that you felt your life was being threatened. Just be sure to have a knife to put in their hand and be sure to sure them from the front. :)

    --
    "Jeremy, you need to get to an internet cafe and cut and paste some appropriate sentiments about me from the world wide
  194. I'd like to see them try this in Texas by greg_barton · · Score: 1

    Here in Texas, if a stranger trespasses on your property and tries to "raid" it, you can legally shoot them.

    COME ON, YOU RIAA FELLERS!!

    1. Re:I'd like to see them try this in Texas by twistedcubic · · Score: 1

      Please. In Texas, if somebody just looks at you the wrong way, you can legall shoot them.

  195. Re:Well :: I said it more than once, I'll say it by Almost-Retired · · Score: 1

    I take it you are one of those to whom Benjaman Franklin was refering when he made the comment about "he who would give up a his liberty for a bit of security deserves neither" Or words to that effect.

    Sorry. Our constitution's appended "Bill of Rights", aka the first 10 amendments to that grand old document, serve as the guarantee that we *will* stay a free country.

    Go and read it, particularly the 1st and 2nd. The 1st guarantees your right to say anything you please as long as its not libelous. Recently amended by the non-patriot act part 2 and the campaign finance reform law to specifically enjoin anyone from saying something factual but detrimental about a currrent office holder within 60 days of a general election.

    That, in and of itself, is unconstitutional according to the 1st amendment, but the supremes have somehow managed to warp their version of the first amendment around to protect the incumbents.

    The 2nd guarantees the citizens rights to the tools to change that government back to a constitutionally constructed one should it deviate from that path and the need arise.

    Some states, and some feds are hell bent on nibbling that right away like a flock of ducks.

    Funny thing is that as of right now 32 states have signed onto some sort of legislation affirming that right, with another 1 or 2 coming on-board every year. Fortunately, I live in one of those states, so yes, if they come knocking on my door, they had better have a duely sworn and signed by a judge known to me, notarized search warrant in hand and readable by me else the ultimate weapon will be used to defend my home. Without that document in hand, they have no more standing than the average burglar. That my erstwhile friend, is my constitutional right.

    As Thomas Paine, whose signature is on that grand old document, once said, "the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."

  196. In my state by Anonymous Coward · · Score: 0

    In my state if you are in my house I can shoot you, legally.
    So come on in and look through my stuff.

  197. god damn mother fuckin corporatist fascist bastard by Anonymous Coward · · Score: 0

    they set foot in my house, i'll fuckin beat the shit out of them, shoot them in the head and chop them up into little pieces. Who cares if i go to jail? I'll have killed a whole bunch in the process

    AMERICA IS A POLICE STATE, and becoming a FASCIST POLICE STATE. BUSH AND BASTARD CRONIES ARE TRYING TO SCARE US INTO SUBMISSION. FUCK THEM AND THEIR OIL MONEY, AND THE ILLEGAL PATRIOT ACT.

  198. Wonderful Naivete by crucini · · Score: 1

    I hope you're as young as you sound. Do you really think that the people planning these raids didn't anticipate resistance? Here in the US, they take the court order to the sheriff's department and sheriff's deputies take care of knocking down your door and neutralizing you while the plaintiff's representatives conduct the search. If you're determined to die in a bloody gun battle with law enforcement rather than give up your warez collection, that's fine. Otherwise, you should realize that shooting at lawfully authorized people entering your dwelling is far more serious and dangerous than any copyright issue.

    Your assumption that you would prevail in such a battle shows utter naivety, solipsism and underestimation of the opponent.

    The obvious thing, which you don't need any specialized knowledge to understand, is that people who routinely enforce such orders will be vastly better equipped and prepared than you are for the type of confrontation you're planning.

    1. Re:Wonderful Naivete by ichimunki · · Score: 1

      You sound somewhat informed on this topic (unlike these "guys from Montana"-- obCarlinReference). Are you saying we already have a similar law or practice here in the U.S. but that law enforcement agents are heavily involved to ensure that proper use of force is exercised if it's even necessary and that the scope of the warrant is not exceeded, etc, etc? I can perform my own Google and Findlaw searches, but do you know of any keywords that would help me out?

      --
      I do not have a signature
    2. Re:Wonderful Naivete by Robert+The+Coward · · Score: 1

      He didn't say he would shoot a cop / police officer he said he would shot someone who broke into his house even if they had a warrent they weren't police. Granted if this did happen in the US it would require police to be involded and I would guess it would be like getting someone envicted require time and alot of legal paper work.

    3. Re:Wonderful Naivete by crucini · · Score: 1

      I found it hard to find good pages about this. Most of the news stories are woefully imprecise, not even mentioning if the case is civil or criminal.
      Here are two decent ones: this and this Scientology case.
      Both involve US Marshals because the matter is federal.

      But I remember reading about Sheriff's deputies enforcing orders from state courts. It's one of the steps in collecting bad debt, for example.
      So I guess the keywords are: raid, "court order", marshals, plaintiff, lawsuit, -charged, -indicted (attempting to find civil rather than criminal cases.)
      Let me know if you find the actual law.

    4. Re:Wonderful Naivete by crucini · · Score: 1

      And my point is that if you live in a country where such orders are enforced by private persons, you can bet that those private persons are well prepared for the occasional resister. Unless the poster is a David-Koresh like figure lurking in his compound, any resistance he puts up will merely endanger him. Such private enforcers are probably more heavily armed, less trained and less cautious than police.

      This person amused me by reaching for a completely hollow "tough guy" response instead of saying the obvious: "It sucks that they can do this. And there's absolutely no recourse."

      There's a recurring strand of nonsense on slashdot to the tune of "I'm not gonna take this!" That might get some "Hell Yeah"'s on slashdot, but it won't work for the 5 year old who has to go to bed, or the 10 year old who has to do his homework, or the adult feeling oppressed by a lawful action of his government.

    5. Re:Wonderful Naivete by phoenix321 · · Score: 1

      So, you are telling us what? That it is absolutely credible that a squad sized force of heavily armed corporate goons are storming a private property? You must be kidding me...

      Either way, when corporate armies are assaulting other corporations or family homes, then you can be sure as hell it is time for resistance i.e. civil war. Nobody said a war would be easy or painless. But we will be fighting for freedom, fair law and a country by the people for the people. If that isn't worth the sacrifice, I don't know what is...

    6. Re:Wonderful Naivete by crucini · · Score: 1
      Either way, when corporate armies are assaulting other corporations or family homes, then you can be sure as hell it is time for resistance i.e. civil war.
      Even if the corporate armies are in the right? Even if they're proceeding under a court order? Even if all this has been going on since before you were born, and the general public considers it fine?

      Does it bother you that Loss Prevention Officers (Corporate Goons, in your lingo) arrest shoplifters? They're not police. If it does bother you, what is your realistic proposal for a plan that would deter shoplifters while solving the perceived problem?

      I wish I could convey to you that most practices in the (civilized, western) world evolved for specific reasons to solve specific problems. If you study the practice (its history, arguments pro and con) and dislike it, and propose a modifed practice that still addresses the problem, you win respect.

      If you loudly denounce the practice because it has inconvenienced you or your allies, without showing much understanding of its wider context or purpose, you appear a bit childish.
    7. Re:Wonderful Naivete by phoenix321 · · Score: 1

      The arrest of shoplifters by corporate security takes place on their own property. This is vastly different than corporate security coming to a private home or an office building.

      Security protecting the mall, the shop or the office is entirely different than security attacking something, I hope you'll understand.

      Even if they are right, even if they have a court order or whatever freakin' law behind them - I do have a problem with people doing search and seizure that don't have a badge and are not exclusively on the taxpayers payroll, for they will be biased, uncontrollable and dangerous to an open society under the law.

      If people's lives are at stake, I might change my mind. There is a transition zone between acceptable intrusion because of a witnessed crime, i.e. you were observing a home invasion at the neighbours house and unacceptable practices as corporate security entering other offices. The difference in acceptability of private "vigilante" action lies merely in the time available to protect lives and the health of people.

      If you have time to get a private search warrant, there certainly have been time to get orderly policemen to do that search. It was not time critical, the action was way too big and therefore unjustified.

      So in short:
      private "vigilante"-style action is generally ok, whenever police or public law enforcement agencies are not available or too far away. In particular when lives, the health or import property of people are at stake.
      Private law enforcement is absolutely unacceptable, when public authorities are responsible, are able to react in a timely manner, subject is not likely to flee or destroy evidence and/or the assets at stake are not life-threatening for the victim.

      Everything else goes somewhere in between. But if you raid a well-known corporate headquarter, have time to get a court order and it is unclear whether the target has something to do with the crime (as has Sharman with the trading going on on their networks), then it is absolutely insane to employ private security. I repeat: they are biased and will be paid "to find something" and most important:
      They might plant evidence if they can't find 'em. (Especially if they are from a competing industry association)

  199. RTFM by uxo · · Score: 1
    Article 1, Section 8 of the Constitution:

    "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;"


    I fail to see how sharing pirated songs and movies is a form of speech.
  200. As much as I have things I don't like about USA... by Eric_Cartman_South_P · · Score: 1
    ...here in America(TM)(R), if anyone "raided" their way into my home and they didn't have big shirts and hats that said "Police", "FBI", "CIA" or "Interpol", then the person doing the raiding would meet the working end of my Mosberg 12 guage shotgun that sits under my bed.

    Very simple and very true. "I'm from the RIAA, and I am coming in" would be last words uttered by the poor shrill.

  201. I thought the predators hated the cold... by DigitalSpyder · · Score: 1

    Are you saying that Kazaa is used to communicate? That's what webpages and blogs are for. Just because Kazaa has a chat client doesn't mean it exists as a "press". People use it to share files, not to communicate news or information to the world. You could argue that files represent nothing more than information but that isn't exactly a grey area. We are talking about a network that is being used to distribute copyrighted material (be it porn, movies, mp3s, etc).

    That is a rather weak analogy IMHO. The freedom of speech does not entitle one to copyright infringement, particularly if said infringement can be linked to a loss of profit to the copyright holder. Whether these losses exist is another issue, I am only arguing the legality of the freedom of speech and the press and it's application here.

    The right to swing your fist ends where the other person's nose begins.

    Back to the subject at hand - Australians should be screaming murder. This is a blatant infringement of their rights and we should be adopting the US legal system. Intimidation tactic or not, no private citizen has the right to organise and conduct a search. If they have legal grounds, petition the courts and let the court take care it (like the Europeans have). Otherwise they can kiss my a$$.

  202. Re:As much as I have things I don't like about USA by Anonymous Coward · · Score: 0

    you forgot some of the others lumped under feds:

    NSA
    USCIS
    DHS
    Border Patrol
    ATF
    DOJ
    IRS
    Customs
    Secret Service
    Postal Inpector
    USFWS
    FTC
    Indian Affairs

    ~GoAT~

  203. You still don't get it do you? by DrMorpheus · · Score: 1
    I have control over the government to the extent that my complaints about spying etc. are listen to and acted upon.

    I.e.,, I have the RIGHT to PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES. Something as a "consumer" I cannot do.

    I can submit bills to become law, that includes getting my money back from SS, if I and others think that's a good idea. Or I can submit a bill that allows myself and others to invest money that otherwise would have gone into SS into the stockmarket.

    I have the right TO BECOME THE GOVERNMENT by holding public office. Thus I can change whether or not any money is "squandered".

    I cannot do this unilaterally, just by myself with no one elses involvement, and that's probably what your confusing with "freedom".

    However democracy (or democratic republicanism if your a hairsplitting sophmoric geek), requires working with others, compromising if necessary, and acting with more than one's own interests in mind.

    Petulent spoiled children can't tolerate doing this so they prefer the tiny sandbox called "the market" where they can be "free" to indulge in the choices that others have chosen to offer them.

    That isn't freedom because it doesn't give you the power to create, only the power to refuse. Democracy, on the other hand, does give you the power to create. To create a new social order limited only by your imagination and your willingness to share.

    --
    Debunking the "59 Deceits"
    1. Re:You still don't get it do you? by Anonymous Coward · · Score: 0

      You're getting awfully angry over a mere difference of opinion, don't you think? I thought I was supposed to be the sophomoric one. Firstly, the government would be absolutely nothing without this "tiny little sandbox called the market." Where do you think it gets the money for these wonderful spending programs?
      And, I don't know, perhaps your view of politicians is a lot more optimistic than mine, but I see the vast majority of them as the epitome of acting in one's own self interest. The only politicians that truly listen to their constituents are at the local level. It is exactly for this reason that it is foolish to give an overwhelming amount of power to one central federal government.
      And are you suggesting that the market does not give you the power to create? I don't know if I'd call that an accurate statement. I can apply your same logic to the private sector: If I am offered products that I do not like, I can pave the way for a new product (create), either by researching, developing, or investing, that will compete with the old items, or make them obsolete. If the market never "created" we'd be living in a vastly different world, wouldn't you agree?
      Now I can apply your shortcomings of the market to government: I'm going to go vote for a president. Here are the choices that are before me: I can choose A) A Republican who's going to rob me out of my right pocket, B) A Democrat who's going to rob me out of my left, or C) A third party candidate who stands no chance of winning.
      Anyway, I'm sure you'll reply with some angry rant about how this government that can't even balance its own checkbook knows how to spend my money better than I do. Oh, and good luck submitting your bill, I'm sure they'll get right on that in Congress. I hear they're going to pull an all-nighter just to talk about what great ideas you had.

  204. Telstra, Kazaa & Akamai by Anonymous Coward · · Score: 0

    The legal raid on Telstra was caused by the fact that some content from Kazaa's site is actually served from webservers in Telstra's network. Kazaa uses the Content Delivery Network service Akamai to serve content from several subdomains including images.kazaa.com. If you click on the link below, you will see that it resolves to an Akamai server that is located within Telstra's central network. http://tcruskit.telstra.net/cgi-bin/trace?images.k azaa.com

  205. OT: The Godwin Convergance Corollary by Anonymous Coward · · Score: 0

    OK, try this. I'll call it the Godwin Convergence Corollary:

    • As an online discussion grows longer, the content of the discussion will tend toward the same single meta-argument - by Godwin's Law, all infinitely long arguments end up being about the Nazis and/or Hitler.
    • It can be said that once a discussion has recognisably converged to this meta-argument, it has been reduced to a previously argued discussion. (Everyone already knows how it goes, it's textbook. There's no need to continue the argument - for that is what the discussion has, or will, become - and waste everyone's time.)
    • So someone - a member of the discussion or any onlooker - may "call Godwin's Law" as a sort of announcement that the discussion in progress has converged to The Nazi Argument (which is, of course, heralded by a comparison involving Hitler or the Nazis).

    To prevent the abuse of this powerful facility, there are two rules regarding its use.

    1. The First Rule of the Godwin Convergence Corollary is that Godwin may not be called if the Nazi or Hitler reference was made deliberately to invoke the Godwin Convergence Corollary.
    2. The Second Rule of the Godwin Convergence Corollary is that the person who makes the comparison loses by default; this provides an incentive to most participants (except those who would troll, who would invoke the First Rule) to keep discussions useful, unconverged and Nazi-comparison free for as long as possible.
  206. Buyers Market by coyotedata · · Score: 1

    Are there still some people BUYING music. We are looking at an endangered species.

  207. Wrong by Backov · · Score: 1

    Only crap paysites these days buy their content (or, in more industry terms - have "non-exclusive" content.)

    The real big sites (bangbus, milfhunter, etc) - all of that is their own exclusive content.

    And it is just as much copyrighted content (and thus infringement) as anything else on Kazaa.

    --
    In the law there is no overlap between theft and copyright infringement whatsoever.
  208. yeah yeah yeah by Doc+Ruby · · Score: 1

    Actually, I like sharpening my claws on these rotting rags - it makes a satisfying ripping sound. And I find the arctic rivulets around town to be refreshing, like a Canadian spring.

    --

    --
    make install -not war

  209. Re:As much as I have things I don't like about USA by misterarizona · · Score: 1

    Interpol??? You would open your door to Interpol???

  210. Re:As much as I have things I don't like about USA by Eric_Cartman_South_P · · Score: 1
    Of course. If not, they would open it for me :)

    Point being, if the law wants in, I'll let them in of course. But if some dork with a RIAA hat wants in my house, he's getting hurt.

  211. Anton Pillar order by PMuse · · Score: 1

    Found it, finally. The authority for the private party (record labels) to raid Sharman's various offices came from something called an Anton Piller order. The would-be raiders go before the court, lay out their accusation of copyright infringement, and then explain that the evidence may be removed if the soon-to-be defendant learns of the raid before it happens. If the court buys it, the court issues an order stating that the raid can take place and what the conditions are going to be. The order gets its name from a 1976 court case called Anton Pillar KG. v. Manufacturing Processes Ltd. et al. [1976] R.P.C. 719, which was the first time a court issued such an order.

    --
    "We reject as false the choice between our safety and our ideals." --The American President (20.1.2009)
  212. I want my two dollars. by uxo · · Score: 1

    Thanks for the citations, orthogonal. (Doesn't the Internet just beat the heck out of the Readers Guide To Periodicals as a research tool?)

    Both of these articles cite money laundering as the non-terrorist activity being prosecuted under the Patriot Act. But that's a little misleading, since both the Money Laundering Control Act and the Bank Secrecy Act already existed.

    I'm not going to lose sleep at night over the fact the government knows how much is in my bank account, since it can infer it from my tax returns anyway. I'd just prefer that every telemarketer in the world not know.

  213. Ferrier Hodgson by Anonymous Coward · · Score: 0

    Ferrier Hodgson contact emails
    Michael Potter (Forensic Divsion)
    mpotter@syd.fh.com.au

    Steve Sherman (Partner)
    ssherman@syd.fh.com.au

    Ian Ferrier (Partner)
    iferrier@syd.fh.com.au

    Main Switch +61 2 9286 9999
    Main Fax +61 2 9286 9888

  214. Yes: Nazis by Anonymous Coward · · Score: 0

    Yes, it would be impossible for the Americans to think that people from another country could beat them at something!

  215. keystone kops by Doc+Ruby · · Score: 1

    Does it bother you how vulnerable to "due process violation" case dismissal these "Patriot Act" searches are when conducted on nonterror suspects? Apart from the dilution of due process, the very freedom underlying our entire form of government, the effects of tainting all that evidence as inadmissible will free those criminals, while distracting those cops and prosecutors from fighting economic crime as well as terrorism. Why bother fearing malevolence, when incompetence is destroying us across the country?

    --

    --
    make install -not war

    1. Re:keystone kops by uxo · · Score: 1
      Doc Ruby:
      Does it bother you how vulnerable to "due process violation" case dismissal these "Patriot Act" searches are when conducted on nonterror suspects?

      Nope. I'm not a lawyer. I presume that if John Ashcroft is as much of a badass as his opponents seem to think he his, then not only will he have crafted the act to minimize the risks of due process violation, he will within six months have all the grandmother in the nation locked up for illegally downloading polka MP3s.

      Here's a question for you: how do you prosecute money launderers without having access to their financial data?
    2. Re:keystone kops by Doc+Ruby · · Score: 1

      So you leave your liberty exclusively in the hands of lawyers - you should realize that you depend more on those of us free laymen resisting its destruction. Ashcroft is "bad", and an "ass", but parts of the Act are already being thrown out for their antiConstitutional malfeasance, as soon as they're being challenged in a court with integrity. More of the rest of that rotten edifice will drop away, freeing actually guilty parties, while the kops brag about their rising "arrest rate". It's big budget, low quality law, entirely political and devoid of justice.

      Here's a question for you: how did we prosecute money launderers before the Patriot Act? I'd tell you, as I produced an SEC-mandated "spot money laundering" networked training video system for a gigantic international bank's NYC HQ, but I have no reason to believe you would bother to understand the answer. Unless you're a banker, or a money launderer.

      --

      --
      make install -not war

    3. Re:keystone kops by uxo · · Score: 1

      You didn't answer my question, and you are incorrectly extrapolating my position from an obviously tongue-in-cheek comment. I pointed out in my original post that the government was sniffing out money laundering before the Patriot Act--I believe as part of the drug war--and it targeted "non-terror" suspects.

      Why not try to enlighten us with information instead of resorting to an unverified argument from authority?

    4. Re:keystone kops by Doc+Ruby · · Score: 1

      OK, since you asked nicely, I'll uncouch my question into a statement about investigating money laundering without the Patriot Act. We have investigated money laundering successfully for generations without the Patriot Act. We use due process, forensic accounting, bounties for information leading to arrest and prosecution, sting operations, and many other means. We catch and deter many criminals. We don't require secret, warrantless, unnaccountable surveillance and seizures.

      We have a Constitution, including a 4th Amendment, and due process. Even if we had to choose, we'd be better off with due process and some money laundering, and under tyranny without due process, even without money laundering. But the strength of freedom, including due process, is that it gives us means to protect ourselves against crime. So due process actually protects us against money laundering.

      Now, none of your posts have acknowledged that the Patriot Act is being abused to prosecute other kinds of crime than terrorism, despite your assertion that one has. You did mention the "Bank Secrets Act", but so what? What are you driving at here? When you troll, you're "just kidding"? I've answered your specious question in all candor - so come clean: why are you satisfied with these criminal investigations being undermined by easily challengable Patriot Act overreaching for inadmissible evidence? Or are you so deeply perverse that you're laundering money, and can't help cackling as these keystone kops work overtime to keep you in business?

      --

      --
      make install -not war

  216. Who can hang a name on you? by uxo · · Score: 1

    Now, none of your posts have acknowledged that the Patriot Act is being abused to prosecute other kinds of crime than terrorism, despite your assertion that one has.

    Huh? What assertion would that be? I have not characterized the prosecution of other crimes under the Patriot Act in any way; the two articles cited by orthogonal do not mention the word "abuse". Only you have characterized them as abuses. Again you attempt to assign some sort of straw man argument to me.

    You did mention the "Bank Secrets Act", but so what? What are you driving at here? When you troll, you're "just kidding"?

    Sorry, had I known I was addressing someone without a sense of humor I would have replied: "Given his commitment to law enforcement, surely John Ashcroft would not favor a provision in the Patriot Act that would serve to weaken the probability of conviction."

    I am not a troll, as I have exhibited none of the behaviors associated with one in the Wikipedia. I do note, however, that two of your last twenty-four posts were flamebait...

    What I'm "driving at here" is that the Financial Crimes Enforcement Network (FinCEN) existed and was being used against money launderers before there ever was a Patriot Act. So to say "the Patriot Act is going after non-terror suspects" is misleading. It would be more correct to say that "the Patriot Act uses FinCEN to obtain banking information on suspected terrorists much as it has been previously used to obtain banking information on suspected money launderers".

    I've answered your specious question in all candor -

    Wait, can I stop you for a minute? I've had people accuse me of having a specious argument before, but never a specious question. Your misapplication of Brobdingnagian words (e.g., malfeasance) is execrable. Please try to remember to spell-check (e.g., uncouch [sic], unnaccountable [sic], challengable [sic]).

    I've answered your specious question in all candor - so come clean: why are you satisfied with these criminal investigations being undermined by easily challengable Patriot Act overreaching for inadmissible evidence? Or are you so deeply perverse that you're laundering money, and can't help cackling as these keystone kops work overtime to keep you in business?

    Sir or madam, in the best tradition of the Socratic Method I put a question to orthogonal, which he answered, to my gratitude and enlightenment. I read, but did not agree with the opinion expressed by the ACLU, EFF, et al in the articles that FinCEN's use constituted an invasion of privacy. I do not recognize a constitutional right to conduct financial activities in government-regulated banks with anonymity.

    Yet you snipe at me with ad hominem attacks and questions irrelevant to my personal line of inquiry: the line of demarcation between the constitutional right of the people "...to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...", privacy, if you will, and anonymity wherein one is free to commit acts in support of terrorism with impunity.

    There's a saying that goes "Don't wrestle with a pig. You'll both get dirty, but the pig will enjoy it."

    Good day.
  217. bombs away by Doc+Ruby · · Score: 1

    uxo, you're a dud.

    I called your question specious, because it looks like a real question, but falsely leads the debate away from the issue, which is that you think the Patriot Act's abuse of justice is a joke. I'm not going to sink to defending my posts from your trivial "spellcheck" criticism, especially when I've responded so lucidly to so much drivel, Anonymous and otherwise, in this thread. But I posit that your intimidation by "big words" betrays your denial of the fuzzy logic you hide with "plain talk".

    My sense of humor requires jokes to be funny, not merely sick. None of the money launderers, or the many other people spied upon for police purposes other than terrorism, are subject to the Patriot Act's terrorism scope. And even a suspected terrorist has 4th amendment rights not to be spied upon without judicial oversight. That protects all of us from a threat actually greater, in its reality, than the terrorism talk floated daily by Ashcroft and his henchmen.

    *You* are the one who wriggles around with sidestepping "joking" disclaimers, while I have been completely consistent. If you want to drop your privacy, your liberty in the name of finding this year's model bogeymen, go ahead, but don't expect me to, or to respect you when you do. Don't question why I need to be so free. I'll tell you it's the only way to be.

    --

    --
    make install -not war