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Record Industry Sues 532 More U.S. File-Sharers

Patik writes "The RIAA today issued 532 new subpoenas for music file swapping, many of them college students using their campus networks. They will not say which ISPs or colleges were involved, but that the users were sharing "substantial amounts" of music files. This brings the total number of subpoenas to 1,977. The RIAA has been averaging $3,000 per settlement so far." Readers Digitus1337 and Warpedcow point to stories respectively at Wired and Reuters.

48 of 613 comments (clear)

  1. Go get them! by ObviousGuy · · Score: 4, Insightful

    The RIAA ought to keep on doing this until the public gets either so fed up with these antics or simply doesn't have enough money to buy the CDs altogether.

    Though they've made around 6M dollars, this is a losing strategy in the long run.

    --
    I have been pwned because my /. password was too easy to guess.
  2. Whew! by Anonymous Coward · · Score: 5, Funny

    Thank goodness I only share and download pornography!

    Seriously though, they need to make sure the
    punishment isn't worse than the crime. Ruining
    a college student's record/life may not fit that
    description.

  3. worth the karma by machine+of+god · · Score: 4, Funny

    bastards.

  4. Bankrupt the RIAA by toupsie · · Score: 5, Insightful
    The RIAA has been averaging $3,000 per settlement so far.

    It must cost the RIAA more than $3,000 per case to file against file swappers. Lawyers don't come cheap...

    --
    Strange women lying in ponds distributing swords is no basis for a system of government.
    1. Re:Bankrupt the RIAA by no+reason+to+be+here · · Score: 4, Interesting

      It must cost the RIAA more than $3,000 per case to file against file swappers. Lawyers don't come cheap

      The RIAA is basically an association of lawyers paid by the various member labels to do exactly this kind of thing.

    2. Re:Bankrupt the RIAA by molafson · · Score: 5, Interesting

      Bankrupt the RIAA

      It must cost the RIAA more than $3,000 per case to file against file swappers. Lawyers don't come cheap...


      This (bankrupting the RIAA by giving them $3000) is as brilliant as bankrupting Microsoft by buying cheap Xboxes (which is to say, not at all brilliant in the least).

    3. Re:Bankrupt the RIAA by bechthros · · Score: 5, Insightful

      "guilty"

      ah, but stormie, you are doing exactly what they want you to do - focusing on the moral aspect of the situation rather than the economic one.

      It's been said but it bears repeating: The RIAA isn't in this to do the right thing, to prove that they are innocent lambs being ruthlessly exploited by sinister college students and minimum-wage-earners. Becuase if they were they wouldn't be settling - they'd stick it to 'em. The RIAA is engaged in this course of lawsuits only because they are convinced they're losing money to file-swapping, and they have to make it up somehow. It's just a revenue stream to them; nothing more, nothing less.

      They obfuscate this as much as possible by spinning the moral aspects of the situation and painting themselves as the victims of depraved criminal activity. Unfortunately those such as the major media and yourself choose to play into this. All I can say, as somebody with years of experience with the industry, as the former chief engineer at a grammy-winning studio, and as an award-winning composer/singer/songwriter with hopes and dreams of people buying my CDs in stores one day soon, is that if the fucking record industry wants to talk about fucking morals they can fucking bring it.

      Seriously. You are talking about one of the most corrupt, immoral, heartless and ruthless industries humankind has ever seen. You're talking about people who have ripped off their artists since the 1920's, have engaged in "payola" since the 1950's, have gotten and kept their artists hooked on drugs to make them easier to manipulate, have colluded with the Mafia and other organized crime, and is now in the grip of an anti-competitive frenzy so nauseatingly banal as to make polka music seem exciting.

      The reason they're suing is for money. But they're not scared of P2P for financial reasons. The reason they hate P2P is they're terrified of people getting to hear good music, and then demanding good music from major labels, who've proven repeatedly they don't know the first thing about how to produce any.

  5. $3000 per settlement??? by tokennrg · · Score: 5, Insightful

    "The RIAA has been averaging $3,000 per settlement so far."

    ...so are they giving all the money they've received to the authors/performers of the music? How do they decide who gets what and what's the money used for.

    1. Re:$3000 per settlement??? by philovivero · · Score: 4, Funny
      so are they giving all the money they've received to the authors/performers of the music? How do they decide who gets what and what's the money used for.
      It is decided using a complex formula, but I'll give you an example, using eg Counting Crows:
      • 99% -- Record Industry Execs
      • 0.05% -- Band manager
      • 0.03% -- Hookers and blow
      • 0.01% -- Flowers for the receptionist
      • 0.005% -- A couple of beers for the record execs' buds
      • 0.004% -- The Anti-Slashdot lobby
      • 0.001% -- The band, Counting Crows. They can divvy it up however they want between themselves.
      Is it clear now?
    2. Re:$3000 per settlement??? by kaden · · Score: 4, Informative
      Eh, having worked for a law firm, costs are considerable. They have to hire local counsel for various reasons (for example, bar membership), so there goes the "attorneys on retainer" theory. I can't imagine why an attorney would take this kind of a case on contingency, so the RIAA is paying them whether they recover or not. Each suit has to be drafted, then courts charge $50-$250 for every suit filed, then I imagine the local counsel has to appear and ask the judge for permission to subpoena the ISP for the Defendent's name, then there's the cost of getting the defendent served, then the time the attorney or a paralegal spends hacking out a settlement. All of that really adds up, then there's the money the RIAA has to invest in picking out people to sue and hiring local lawyers, then tracking the payments (I doubt many people can pay a $3,000 settlement out of their pocket, they have to pay in installments).

      They might break even if everyone settled, but again, having worked in a law firm, I know there are a lot of people who just can't pay or be tracked down.

  6. Is it working for the RIAA? by dealsites · · Score: 4, Insightful

    I remember when they first started sueing, the file trading slowed down for a while. I think it went back up though. Do you think most people think they won't get caught? After all, when there are hundreds of thousands (millions?) of people on a p2p network, sueing 532 people is only a fraction of the overall filesharers.

    --
    Smack your momma good deals!

  7. Re:KLite by Moocowsia · · Score: 4, Interesting

    Actually you can get it off TechTV and not have to install Kazaa on your comp. http://www.techtv.com/screensavers/answerstips/sto ry/0,24330,3464142,00.html

    --
    Moo!
  8. You've got it all wrong by Adam9 · · Score: 4, Funny

    No no no. The money goes to pay the lawyers to help protect the artists from these thieves!

    1. Re:You've got it all wrong by JDBrechtel · · Score: 5, Funny

      True, because the next step of piracy will be to skip the RIAA all-together and kidnap the recording artists themselves and force them to record the MP3s at gunpoint.

  9. Bankrupt the RIAA-Cheaper by the dozen. by Anonymous Coward · · Score: 4, Funny

    "Lawyers don't come cheap..."

    Indian lawyers do.

  10. Good odds, keep sharing! by grub · · Score: 5, Interesting

    I've seen numbers that claim 50,000,000 people in the US use P2P applications. Let's do the math:

    In approximately 8 months the industry has sued 1,977 people. That's 1 in every 25,290.84 people. Now we get into speculation. Assume:

    they keep up their current trend of filing that many lawsuits every 8 months.

    the number of P2P users in the U.S. stays static

    you were born today, will live for 74 years and are precocious enough to use P2P software today, the day of your birth.

    That's 195,064 file sharers they'll sue in your lifetime. Heck, you have a 1 in 256.33 chance of being sued over your entire life, you lucky newborn!

    Oh, there's one assumption I forgot to mention:

    Assume: The RIAA racketeers are still in business your whole life.

    NB: My math may be off, I've had a few cold ones.

    --
    Trolling is a art,
    1. Re:Good odds, keep sharing! by cpu_fusion · · Score: 4, Funny
      I've seen numbers that claim 50,000,000 people in the US use P2P applications. Let's do the math:

      Yes, let's...
      50,000,000 users * $3,000 average settlement = $150,000,000,000

      Crap, why even make music. They just need more lawyers! Somewhere, in a top secret lab, the RIAA is cloning lawyers.

      I see those bastards plans clearly now.

    2. Re:Good odds, keep sharing! by panaceaa · · Score: 4, Insightful

      Given your numbers an illegal file sharer can calculate their monthly financial risk from RIAA lawsuits.

      Your numbers are:
      Time (T)=8 months
      Probability (P)=1/25290
      Cost (C)=3000

      With monthly financial risk = (P*C)/T, if each month you put away 1.483 cents, you would on average have enough money to pay your settlement fees by the time you were sued.

      Now assume that the RIAA gets more aggressive and settles less, and through the courts gets a $1 million verdict in 100% of the people it sues (1977 people / 8 months). The monthly financial risk then is $4.94 a month.

      So even if your punishment is $1 million, the financial risk of getting sued is less than any online music service with a monthly fee. It's also less than 5 songs on iTunes a month, which probably isn't nearly as many songs as Kazaa users download. Why does the RIAA think their legal efforts will convince people with such a low financial risk?

      And here's an interesting twist -- why doesn't an insurance company insure people against RIAA lawsuits for $10/mo so they can download as much as they want on Kazaa? Isn't this similar to what Redhat is doing to protect its customers from SCO? I'd much rather pay $10/mo to download whatever I want without risk of being sued than pay the same money to MusicMatch for their inferior service. And if everyone did the same, peer-to-peer services would blossom again with tons of quality content from all genres imaginable.

  11. Re:Time is against them by molafson · · Score: 5, Insightful

    It is a weak terrorist-like tactic.

    How is this measure, which is entirely legal and non-violent "terrorist-like"? Or is everything we don't like supposed to be referred to as "terrorism" now? I didn't get the memo...

  12. List of Colleges by Anonymous Coward · · Score: 5, Informative

    The list of colleges was included in the RIAA press release:

    The individuals included in today's legal action were on the networks of the following universities (listed in alphabetical order of state or name): University of Arizona; University of California, Berkeley; California State University -- Northridge; University of Colorado at Colorado Springs; Drexel University; George Mason University; George Washington University; Georgetown University; Indiana University; University of Indianapolis; Loyola Marymount University; Marquette University; University of Maryland; University of Michigan; New York University; University of Northern Colorado; University of Pennsylvania; University of Southern California; Stanford University; Vanderbilt University; and Villanova University.

    http://www.cpwire.com/archive/2004/3/23/1540.asp

  13. Re:KLite by Anonymous Coward · · Score: 5, Informative

    Dont forget oldversion.com
    You can also pick up AOL 1.0 while your there.

  14. Re:KLite by cpu_fusion · · Score: 5, Funny

    And the best place to get Kazaa Lite these days is... yep, Kazaa !!! And if you're silly enough to download a binary executable off Kazaa without checking an MD5 sum or something, you might even get bonus Trojan Lite (tm) software!

  15. Re:Time is against them by lukewarmfusion · · Score: 5, Insightful

    And it works. When you use a p2p application, do you share all of your music? How much do you have?

    I have 8GB of music on my work computer. It's all legal - I own the CD or vinyl to match each one. But you have to admit - it's easier to download a copy of a song than it is to "rip" it from vinyl.

    If I shared all that music, I would expect to be sued by the RIAA. They target people sharing a lot of music.

    So... I don't share it. That means that there are 8GB of music that AREN'T available for download. In fact, by scaring people into not sharing their music, they are winning.

    I'm not going to spend $3,000 for "the cause."

  16. RIAA Radar by Lord+of+Ironhand · · Score: 4, Informative
    For those who don't know it yet: RIAA Radar is a great solution for anyone who still wants to buy CD's but not support the RIAA.

    Remember: spread the word, but don't sound like a fanatic.

  17. Every time the RIAA does this... by Texas+Rose+on+Lava+L · · Score: 4, Insightful

    I'm reminded of why I quit buying their stuff and started buying better music instead.

  18. Re:Right on! by midimonkey · · Score: 5, Insightful
    Remember the motto, "try before you buy?" Or shareware?

    Well, that is -precisely- what I do when it comes to music, especially when it comes to electronic- music, where there are so many DJs/groups releasing songs/remixes/mashups; with many only being released on wax, etc.

    Tell me, if I hear a snippet of say, something like, "D-Funktional" by Mekon featuring Afrika Bambaataa, where I can go to hear the full version?

    The answer is nowhere. And this is why P2P rocks.

  19. Yawn. by pla · · Score: 4, Insightful

    And in other news, Water still feels wet, the sky hasn't fallen, and SCO still hasn't had all their cases dismissed with prejudice.

    C'mon people, this doesn't even count as news anymore. People violate copyrights, people get sued. Let it go.

    Now, what I consider the bigger "news" from this involves the experiment the RIAA has run on the level of stupidity in the general population. 1977 suits so far, and people still keep using Kazaa to download this crap. Get a clue, Kazaa users! At the very least, switch to a different P2P app. Perferable one with at least a tad bit of privacy, like FreeNet.

    Or better yet, just go back to the way that has worked for the past 30-40 years, from the days before P2P - Swap music and movies privately, offline, with your friends. You can get the same stuff, with absolutely no chance of an RIAA nastygram as a resuly. You can even do so as a sort of buying pool, where you and a dozen friends agree not to overlap in your purchases, thus maximizing your available music library. "Need" to find something really obscure, possibly out-of-press (print? Whatever you call music that you can no longer buy new, for any price)? Hook up with a fan group, where you can get material far more obscure than even Kazaa's bottom-20 list.

    Or, best option of all, just buy from indie labels. Hey, we all have a favorite band, and I'll admit even I will buy whatever a handful of RIAA-signed groups puts out. But for the rest of the "fluffy listening" music, look into companies like Magnatune, or go direct to the artists' websites. The musician gets a FAR bigger cut, you pay less ($5/cd on average, in my experience, for buying direct from the artist), and best of all, the RIAA gets nothing.

  20. In 1977.... by R33MSpec · · Score: 4, Funny

    "..This brings the total number of subpoenas to 1,977.."

    In 1977:

    February 11 - A 20.2-kg lobster is caught off Nova Scotia (heaviest known crustacean).

    Coincidence?!? YOU Decide

  21. Re:Time is against them by Niten · · Score: 4, Informative

    The American Heritage Dictionary's definition of the word "terrorize" includes:

    terrorize n. 2. To coerce by intimidation or fear.

    And that, essentially, is what the Recording Industry is achieving with these lawsuits. Right or wrong, they cannot possibly sue everybody who illegally redistributes their music over the popular file sharing networks; the best they can hope to accomplish is to file suit against enough people to scare the rest into submission. I believe that this is what the grandparent poster meant by calling the RIAA's methods "a weak terrorist-like tactic".

    (I do agree with you, though - the word "terrorism" is unbelievably overused nowadays.)

  22. I don't understand why people are settling... by 7-Vodka · · Score: 4, Interesting
    Someone explain this to me because I don't understand why on earth people are settling...

    Why is it that no one uses the most obvious defense of plausible deniability:

    1. I have no idea what these RIAA guys are talking about
    2. I have never used filesharing apps
    3. I am not the only one who uses this computer, it is shared by multiple users and if anything happened it wasn't me.
    4. I am not the only one who uses this internet connection and if anything happened it wasn't me.
    5. I have no songs on my PC whatsoever and I can prove it
    6. etc. etc.

    THERE. DONE.
    Even if they only have to prove a preponderence of the evidence, they would STILL have to deal with all of those items AND in the end you would still have a hard disk with no songs to beat them over the head with. It seems to me they could NEVER win one of these cases.

    I don't know about anyone else, but that's much cheaper than settling for several thousand dollars. And that's if you don't hire a lawyer and contest that the RIAA don't have the right to get your personal info and the ISP don't have the right to hand it over as at least one person has done successfully.

    I mean FFS, if people can get away with the "a virus hacked into my computer and did it" defense for criminal cases...

    --

    Liberty.

  23. Re:Cause you know it's working by Guano_Jim · · Score: 4, Funny

    people still share music in groves.

    Groves?

    Fscking druids ruining it for everybody.

  24. Re:No sympathy here by exp(pi*sqrt(163)) · · Score: 4, Insightful

    Produce a product that anyone else can copy and you'll soon go bankrupt. That's capitalism. What you describe is a system of government backed monopoly.

    --
    Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
  25. Re:Right on! by EzInKy · · Score: 5, Insightful

    I would say listening to it first is a pretty good way to decide whether something is valuable to you. At least that's the way I choose which CD's to buy: download songs from p2p/usenet, and buy the CD if I like it.

    The Record Industry's business model is geared towards them telling you what you should be listening to, not the other way around. They simply are not going to stand for listeners being able to pick and chose music on their own. The best way out of their trap is to find some independent bands that you like and avoid RIAA stuff altogether.

    --
    Time is what keeps everything from happening all at once.
  26. Cue devil's advocate by Powercntrl · · Score: 4, Interesting

    Everyone bitched about how piracy was the only option since the RIAA didn't want to allow tracks to be sold online. You've been able to buy individual tracks music online now. It's not like you have to buy albums full of filler tracks anymore. Either stop listening to major label music or pay the $0.99 per track. If this was a story about GPL violations, my how the tables would be turned.

    Also, everyone bitched how the RIAA was attacking the P2P networks themselves instead of the users participating in the unauthorized distribution of the copyrighted materials. The RIAA is doing exactly what everyone suggested - going after the pirates.

    As for the argument that your chances of getting caught are pretty slim - yea, it's just like speeding on the highway when you're keeping up with traffic. You're still breaking the law. Just don't be surprised if in the future there's cameras along the highway that take a picture of your licence plate, and later in the mail each and every one of you get a ticket. That's what happens when you pay more attention to the methods of enforcement than the laws. Likewise, if you keep ignoring the copyright laws, eventually there will be better ways for the RIAA to catch more people and it won't be a matter of enforcement anymore.

    --

    ---
    DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
  27. RIAA to host online chat with college newspapers by noindiecred · · Score: 5, Informative

    I'm an editor at the my college's newspaper. I received this in my inbox today from The Collegiate Presswire:

    EDITOR'S NOTE: The president of the Recording Industry Association of America (RIAA) is hosting an exclusive online chat with college editors and reporters this Wednesday, March 24, at 5 PM Eastern. The conference will focus on issues of music piracy on college campuses, and will have an interactive Q&A session.

    Registration is free. To attend, go to http://cpnewslink.collegepublisher.com at the specified time, and click on "Enter Chat Room". Your email address can be used as your login name, and the conference password is "music".

    Looks like the new lawsuits are just a part of a well-planned campaign to strike fear into us immoral college students. I guess this "conference" will consist mostly of the RIAA spewing propaganda with the hope that the editors and reporters in the chat will carry it back to their publications.

    This news is very depressing. Shame on the RIAA for suing students! They could at least go after people who can afford the court fees.

    I've found this site to be a good source of free downloadable MP3s. Gotta go grab more in light of this recent news ;)

  28. do these guys fight back? by xot · · Score: 4, Interesting

    Are any of these guys sued fighting back or are they just making the $3000 settlements?
    Would'nt it make sense if they got together and fought the RIAA? I know it seems easy to say n not to do when your sued by a giant but wouldnt they just keep suing people if no one fights back.

    --
    Lord of the Binges.
    1. Re:do these guys fight back? by Calvinh0560 · · Score: 4, Informative

      Most of these people can't fight back. It takes alot of money just to hire someone and show up in court let alone all the time needed before hand. $3,000 is cheap compair what it will cost to fight this and in the end you may still end up owning the RIAA.

    2. Re:do these guys fight back? by 0x0d0a · · Score: 4, Interesting

      What if you *didn't* hire a lawyer. You just showed up in court and muddled through it? Surely there's no law against representing yourself? And without seized hard drives, it seems like the RIAA would be at a bit of a loss to prove that *you*, and not someone else that used your computer, was the person at fault. Come to think of it...are there independent logs other than those from a RIAA-sponsored P2P logging agency? I doubt it. I wonder what it would take to argue against them.

      If 1k people did that, the RIAA would *never* have the legal resources to handle the situation.

  29. Re:Well.... by EzInKy · · Score: 4, Insightful

    Are you kidding? What legal uses?

    Downloading non-RIAA files.

    --
    Time is what keeps everything from happening all at once.
  30. Re:KLite by corbettw · · Score: 5, Funny

    Not with that broken link, you can't.

    Say it with me, folks: Slashdot breaks up long lines, rendering most plaintext links more trouble than they're worth. And enclosing links in anchors is easy. Why, scientists have shown that even a monkey can enclose a link in anchors. Are you stupider than a monkey?

    --
    God invented whiskey so the Irish would not rule the world.
  31. I wasn't aware by Sycraft-fu · · Score: 4, Insightful

    That guilt was predetermined. If we know that someone is guilty before a court proceeding, why have courts at all? I mean if someone's accused they MUST be guilty, right?

    Give me a break.

    You have no idea if these people are liable (this is civil court, it's liability, not guilt). For one, there is no gaurentee that those files were actually copyrighted files. There are TONS of misnamed files (either delibratly or accidentally) on any given P2P network, and no the RIAA doesn't bother to download and check. Even assuming they are actually the songs they claim to be, there is no way to know that the files were on the computer you think they are. Kaazaa particularly is not known for it's accuracy in pulling lists from computers, it gets it wrong sometimes. Even supposing it is the right list, you have no idea if the person who is associated with the IP is actually the right person. Maybe they have wireless and someone used it (seriously, it's easy to break in, even if they use WEP). Even if it ends up being their computer, you have no idea that they were the one responsible. Virsues, worms and hacks are RAMPANT, and it wouldn't be out of the question for someone to use a hacked box for P2P to shield themselves.

    So basically they are saying "Well this IP, which might or might not be for this computer, which might or might not have been under this person's control, might or might not have had this list of files which might or might not be what they claim to be is infringing on our copyright." What? You mean you think you can predetermine guilt from that? Give me a break.

  32. In other words... by bonch · · Score: 4, Insightful

    If you love the music industry executives, thier spouses and mistresses AND thier nosetrails... buy the overpriced shit they sell you.

    When translated to reality, reads:

    "I'm justifying stealing some artist's music because I don't like that an exec who heads the label makes money in a capitalist system. I'll ignore that the artist willingly signed their contract and that distributing intellectual property without the copyright holder's permission is illegal.

    Instead, I'll sidestep the issue of ripping off artists and say, "Here, look at this, it's a rich RIAA exec and his wife!" Thereby completely distracting the issue with something irrelevant that the anti-social, anti-capitalist, generally-broke Slashdotters can rally against.

    And we'll pretend it's actually WRONG for the RIAA to be suing people still illegally distributing their product--even after all the awareness of its immorality and illegality. Never mind that when Napster was being sued, Slashdotters were saying the RIAA should be suing individual downloaders instead because they're the ones breaking the law!

    Now they're doing exactly what Slashdotters said they should do, and suddenly it's wrong. Because I'm really trying to justify the piracy I participate in daily on my DSL connection. I'm going to pretend it's not illegal, not immoral, and I'm going to rid myself of the guilt of downloading by trying to remove the image of me being a criminal and instead paint the RIAA as the bad guy."

    Yeah, that sounds about right.

  33. Re:Best news yet today by Leebert · · Score: 4, Insightful

    Once the RIAA/MPAA has shot themselves in the collective feet enough through negative press and marketing, consumers will demand alternative bands, distribution, technology, etc.

    You're kidding, right? Have you met anyone under 20 recently? 90% of the kids out there don't even know what the hell a RIAA is, nor do they care. Neither do they seem to care that an album costs $18. You know why? All their friends are buying Linkin Park CD's and they don't want to be left out. At any cost.

    Face it, the RIAA is selling to a largely agnostic market. It's just the same as the Nike sweatshop phenomenon.

  34. this has got to stop... by Bored+Huge+Krill · · Score: 5, Interesting
    ...but it's only going to stop when the music industry is prepared to work with some alternatives. The EFF proposed a licensing scheme that is a good start, but my view is that it's still missing something.

    Here's my problem statement:

    1. File sharers like the p2p model as a way of finding new music. They like it partly because it's free, but my suspicion is that there's more to it than that. They like the model. Radio is dead, and the RIAA killed it, via ClearChannel. I'm going to suggest that, given a workable model that preserves file sharing, but allows musicians and their promoters to earn revenues, file sharers will move to a legal model. But it has to preserve the basics of the current open file sharing model.

    2. File sharers want to use whatever client they feel like. Any "legalized" file sharing method which forces users into using a specific locked, closed source client is likely to fail.

    3. A flat fee system, with built in means to prevent cheating (leaking to uncontrolled distribution) and gaming the system (permitting individuals to artificially inflate download numbers for a particular song) would generate sufficient revenues and a method for divvying up those revenues that would be acceptable to the music industry and musicians.

    That's a tall order, but I think it can be done. Consider this:

    If you pay a flat fee into my proposed system, you have the rights to:

    a. download content with copyrights held by participating contributors freely, by any method.

    b. upload that participating content, but only to those that have also paid the fee.

    I believe this can be done. To meet my criterion 2, it has to be done by defining a protocol, not a specific client. Criterion 3 can be met by making it trivial to police, to ensure that subscribers aren't cheating. So here's my protocol, at least in a cartoon-back-of-the-envelope form:

    Subscribers use a client which authenticates with the license administrator's server. This authentication may be long term, results in a symmetric key shared with the server and bound to a subscriber's identity, and which is your proof that you are a participant. The protocol requires that, prior to actually sharing any content (but not necessarily advertizing it) you perform a 3-way authentication with the party that wishes to share your content and the administration server farm. This can be done using a Needham-Schroeder protocol, by which the administration server pushes, on request, a symmetric key to the two parties. By using this protocol, you have fulfilled your obligation to only upload content to participating subscribers. Your proof is provided by the administration server in distributing the key. Note that you don't need to know the identity of the other party; you only know that they are a subscriber. The symmetric key you share with them is then used to encrypt the content you send them.

    Data gathering in this scheme is trivial; the administrators take a sample of the content which has been distributed by scanning the upload directories of subscribers. What is measured is the relative distribution of content, not the number of uploads, and because you don't know the identity of the scanning party, it's very difficult to game the system.

    Policing is also simple. The administrative server can ping authenticated subscribers to verify that they aren't using any other file sharing protocol.

    So, there may be some things in here you find objectionable. But is this a fair compromise? Could this work?

    Comments?

    Krill

  35. Re:Right on! by rcastro0 · · Score: 5, Insightful

    That AC is overrated.

    If you want music, buy it! If it's not valuable to you, don't.

    No, don't buy it ! If you want music, get it through the most convenient, cheapest way you can ! If it's not valuable to you, don't bother.

    Now that I gave a reply in the same tone of your post, let me rumble a bit.

    Here at /. it gets interesting when people discuss, explain their position. Saying "the answer is 23!" does not say anything about what you think the question is, or what the logic behind "23" is. You could shout "buy!" and I could shout "don't!" all day, and nothing useful would come out.

    How about bringing us all more about what you think. For instance I would like to remind you that laws should reflect the best interests of society. They are generally very, very arbitrary in their content.

    Music was historically freely available -- those who liked it, listened to it, those who had talent, repeated what they listened to. After thousands of years of Music being free, and some (how many?) hundred years of copyright law, I would say it is fair to ask: "It the copyright way of treating musical works really the correct one ?". If so, why ?

    Music is, at its core, a comunal event. It was alway played to be listened. The player needs the listener as much as the listener needs the player. Why should the listeners pay the player, and not the player pay the listeners ? The answer is, because the extra-hyped, created celebrities, super publicized top performers are few in number, and many groups of people would like to have the same performers coming over to play, so an auction effect raises stakes and pays them a lot.

    BUT is this fair to equally talented, not so famous bands ? No it isn't. Is the star creation system, through major labels, an optimal allocator of musical talent -- I do not believe so. So why not let the labels starve, and stop feeding the star system, so that each one starts looking around for local talent, which will not be as expensive ?

    I would rather have a new world than risk a world in which I need to pay for each time I press play on my music jukebox. One Microsoft is enough, already.

    Sorry for the long post. It's late at night and I decided to throw my 25 cents in.

    --
    Quem a paca cara compra, paca cara pagará.
  36. It's been said before..... by Valiss · · Score: 4, Funny

    "We keep losing customers! I don't understand! We sue the fuckers, and they still won't buy our products!"

    --

    -Valiss
  37. Re:That's just you by Chaset · · Score: 5, Insightful
    I don't understand why this is flamebait. I guess it's just because it goes against the majority opinion on /.

    Last time I commented on a related topic, someone responded by commenting that the song he/she/it downloaded lead to he/she/it buying the songs in question. (or somethign to that effect), as if that was somehow a rebuttal to my comment.

    I'm sort of tired of people who cite increased CD sales to somehow justify piracy. That's totally beside the point. It's the copyright owners' prerogative to dictate how the works are sold, or not sold, for that matter. If the copyright owners didn't want the increased sales from allowing P2P, that's still their prerogative. It does not change their right to distribute or not distribute the work as they please. They can sew the master copy inside a matress and sit on it, if that's what they want to do.

    Our prerogative, as consumers, is to not pay for said works if we don't agree with the terms under which they make it available. That's it. Piracy is piracy whether or not P2P leads to million or billion CD sales. Smart labels will realize this and capitalize on it; stupid ones will fight until they run out of money and lose to the others with a little more business savvy.

    The industry's treatment of artists is also a completely separate discussion. No matter how crappy the artists' deals are, it STILL doesn't transfer copyright to pirates. If you don't like the way the labels do business, it's your prerogative not to buy from them. It still doesn't grant you rights to use the works they have the rights to without permission.

    If you don't like the copyright laws, try to have the laws changed. However, until the laws do change, you STILL don't have the right to pirate copyrighted works.

    Nobody forced these kids to distribute these files. If they were in fact participating in piracy, they deserve whatever reprimand they get.

    Get it through your thick skulls -- It's the copyright owners' right not have their work distributed through P2P.

    --
    -- "This world is a comedy to those who think, a tragedy to those who feel."
  38. Legal defense by dave420 · · Score: 4, Interesting
    I've mentioned this before, but I think I should again. The only way to beat their sort of organisation/barratry is by their own game. If P2P networks could include functionality to act as a proxy, it blows all ISP "evidence" and RIAA snooping out of the water. It provides a water-tight defense for anyone accused of downloading/sharing copyrighted content. All they have to do is demand RIAA prove the files downloaded "from" their box weren't downloaded via their box (which they obviously can't, as there's a million-and-one ways to get traffic into a machine). They can't punish people routing copyrighted material, otherwise AT&T would be getting their asses sued off RIAA for owning all those backbones, and the academic networks would be closed immediately. The beauty is, you don't even have to use the proxy - just having it present in the software raises serious doubts over any claims anyone can make over the true source/destination of any data on that network (as it could be going through 3 gazillion PCs, or just one).

    They're using the law against us, why not use it to fight them? They're soon going to stop suing people if they know they can get their cases beaten in the courts.

    I'm pretty sure this is the fastest way to beat them, or at least slow them down a bunch.