Slashdot Mirror


Winny P2P Software Creator Arrested

News for nerds writes "The author of Winny, the Japanese P2P software with encrypted networking capability, similar to Freenet, has been today officially arrested for abetment of copyright violation, after the raid in the last December. He started its development in May 2002 and occasionally appeared on the web forum 2ch with his anonymous codename "47", but today turned out to be an assistant professor of computer science at the University of Tokyo in his 30s. Winny was so efficient and popular that it generated problems even at the Japanese police and the GSDF. As the Japanese police is the most advanced among the world in pulling P2P into criminal cases, outcry of users in Japan is expected."

412 comments

  1. Arrested for... by brokenspark · · Score: 5, Funny

    Should be arrested for naming it whinny.

    You know you were thinking the same thing.

    1. Re:Arrested for... by Anonymous Coward · · Score: 5, Interesting

      It's named WinNY to mark it as successor of WinMX.

      Talk about being up-to-date, the Wikipedia-Article already mentions the arrest.

    2. Re:Arrested for... by Anonymous Coward · · Score: 0

      Asked for it, sort of... "winny" = "guilty" in Polish. Couldn't help a smile when I read the header.

    3. Re:Arrested for... by CoolVibe · · Score: 4, Funny

      Yeah, he should have named it "YATTA".

  2. English language version of story by Anonymous Coward · · Score: 5, Informative
  3. Well. by modifried · · Score: 3, Informative

    This isn't the first time.

    1. Re:Well. by quake74 · · Score: 2, Informative

      Well, RTFA you linked to. They arrested two users, but now they arrested the creator of the program in question. The legal situation of the two is quite different.

    2. Re:Well. by mm0mm · · Score: 1
      actually the prior arrests are of the users of this software, for making illegal copies of software and movies available to public for download/share with winny. the creator of Winny, at that point, was questioned by the authority to cooperate in their investigation.

      now the authority decided to arrest him because from what he (mr. "47") wrote on "2ch" message board earlier, his intention to support copyrights infringement by developing Winny was clear. --he allegedly wrote:
      "we will face changes in current concept of copyrights as file sharing software with total anonymity become available anytime soon. maybe I can push that trend." (translation by me)
      it is a breaking case as the developer of p2p software got arrested, but the background of arrest leaves me wonder what would have happened if "47" did not mention copyrights issues publicly and left the purpose of development innocent. even though Winny has already caused much trouble, making an arrest case could have been far more difficult.
  4. Oh no! by black+mariah · · Score: 1, Flamebait

    We might actually have to go back to using Usenet and the streets of New York for our bootleg videos and music! How could we do that?

    Of all the good uses that are possible with P2P apps (how often do we see torrents of slashdotted videos?), how many here actually use them for anything BUT pirating movies/games/music/books (bitch about the use of the word pirate and I'll ignore you)? More importantly, since this is the geek-ass bastard capital of the net, how many NORMAL people use it for anything but pirating stuff?

    --
    'Standards' in computing only impress those who are impressed by things like 'standards'.
    1. Re:Oh no! by Anonymous Coward · · Score: 2, Insightful

      We have been saying that the amount of non-infringing use MUST increase if anonymity and P2P is to remain legal.

      But nobody has any viable solutions.

    2. Re:Oh no! by Anonymous Coward · · Score: 4, Insightful

      So you're saying that because software is used in a certain way, the author of said software is guilty of the same crime by implication?

      In that case, better lock up everyone who contributed to the design and development of TCP/IP right now!

      And I'm sure "the terrorists" have used MS software at some point as well ...

    3. Re:Oh no! by OlivierB · · Score: 4, Insightful

      Well Lindows for one offers a discount for their os when downloaded via BitTorrent.
      Also Blizzard Interactive should be offering game patches via BT as well. (couldn't bother to find the sources but you get the idea).
      Kazaa had announced an agrement a few months ago to distribute short films via it's network.
      A french movie producer recently introduced a "fake" bootleg version of it's movie on all p2p networks. What it was in fact was a Sort of Making of with exclusive interviewa from the actors. The tone was pretty much "you should rather support the movie by going to the theatre etc.." Was a great success from what I heard.

      But yeah I agree totally with you. P2p networks are 99% used in an illegal way.

      Yet philosophically I adhere to the idea of a self maintained network, not server reliant and thus not censurable.

      --
      Artificial intelligence is no match for natural stupidity
    4. Re:Oh no! by Anonymous Coward · · Score: 0

      I never SAID anything, I asked a question. A few lessons in basic English comprehension might help that stupidity problem of yours

      Oh, I see. You're a troll. And looking at your posting history, not a particularly bright one, either.

      By the way, you must have missed the "if" in my sentence. Perhaps it would be better not to throw stones when living in a glass house, and all that.

    5. Re:Oh no! by alien_blueprint · · Score: 5, Funny

      We might actually have to go back to using Usenet and the streets of New York for our bootleg videos and music! How could we do that?

      Easy. We could go to the streets of New York to download The Gangs of New York.

      Alternatively, we could go to the gangs of New York to download The Streets of New York.

    6. Re:Oh no! by SFBwian · · Score: 2, Insightful
      You're missing the point. What is the highest source of traffic through tcp/ip? Web browsing? FTP? News? Home networking? Office networking? Games? That's a lot of traffic.

      The grandparent is speculating that decidedly most of the traffic through P2P applications is used to facilitate copyright infringement of movies, music, and games. Compared to the internet at large, this is not a lot of tcp/ip traffic, and there should be some way of eliminating illegal uses of the programs.

      Also, you were quick to put words into his mouth. He never specifically stated that P2P application writers should be arrested, nor really even implied it.

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    7. Re:Oh no! by Salsaman · · Score: 1

      I have a solution. Download LiVES, install it, make some cool videos, share away !

    8. Re:Oh no! by Anonymous Coward · · Score: 0

      jesus FUCK! Just because somebody makes a snide retort doesn't make them a fucking troll. It seems as though the word "troll" has gotten to mean something like "communist" in the 50's...if you don't agree with or like someone, you just say "YOU TROLL!"...goddammit, if you disagree with the guy, say why, don't just mumble about being a troll.

    9. Re:Oh no! by LittleBigLui · · Score: 4, Funny
      Easy. We could go to the streets of New York to download The Gangs of New York.

      Alternatively, we could go to the gangs of New York to download The Streets of New York.


      You just used "download" as a synonym for "illegally obtain". We have a job offer for you, please send your CV/resume immediately.

      Best regards,
      the Record Industry Association of America.
      --
      Free as in mason.
    10. Re:Oh no! by Anonymous Coward · · Score: 0

      "(bitch about the use of the word pirate and I'll ignore you)"
      Use loaded terminiology like "pirate" and people will ignore your message.

    11. Re:Oh no! by Anonymous Coward · · Score: 0

      troll

    12. Re:Oh no! by alien_blueprint · · Score: 1

      I know, I realized *after* I submitted it. The propaganda is clearly working on me. God damn it.

    13. Re:Oh no! by Dimensio · · Score: 4, Funny

      What is the highest source of traffic through tcp/ip?

      Porn.

    14. Re:Oh no! by Anonymous Coward · · Score: 0

      It's nice to know that the Japanese police are on top of the societaly destabilizing indiscriminate sharing of music and information. After all, we cannot let people enjoy themselves without paying for the privilege. Next thing you know, people may actually start to think for themselves. They have not the permission to do so, and any attempt must be immediately crushed.

      It's nice to know that the Japanese police are pursuing this, and leaving the purely wholesome and family oriented fun sites that distribute child porn alone.

    15. Re:Oh no! by JimFromJersey · · Score: 1

      communist troll

      --
      between the greater and lesser infinities sleep the dreams undreamt
    16. Re:Oh no! by Kalak · · Score: 1

      I currently have 2 torrents open on a development server here at work. Fedora Core 2 Test 3 (we're not even talking release software) has from this machine alone, uploaded 199GB. I also have Knoppix 3.4 English with 48BG.

      Sounds like someone is using it for good use. You can probably look that the individual torrents page for FC2T3 and Knoppixv3.4_EN and see with just these two examples.

      --
      I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
    17. Re:Oh no! by black+mariah · · Score: 4, Insightful

      Hey! A non-moron replied! P2P apps show the hypocritical bullshit that Slashdot is infested with. The EXACT SAME PEOPLE will complain all day and all night about POSSIBLE abuses of RFID tags and how they should be outlawed because MAYBE someone will invade their privacy and do something illegal, then they'll turn around and defend P2P to the death, despite about 95% of all P2P traffic being ILLEGALLY traded items. The bullshit part is that they'll argue how you can't condemn a technology because of possible misuse, then they'll go and do exactly that with RFID.

      It's always been accepted that the posession and/or use of items that are used almost entirely for criminal purposes can be restricted. Brass knuckles, lockpicks, radar detectors, and other things have been restricted in some way practically everywhere. If P2P software developers don't get their shit together and come up with ways to get the illegal shit off their networks, the exact same thing will happen to them. The continued facilitation of LARGE-SCALE piracy does absolutely nobody any good.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    18. Re:Oh no! by hunterx11 · · Score: 1

      /. itself does use the loaded term "Your Rights Online."

      --
      English is easier said than done.
    19. Re:Oh no! by LincolnQ · · Score: 1

      I'd like to point out the distinction between P2P's "possible misuse" and that of RFID -- trust. For security, you should minimize the amount of trust or faith you have to apply in any situation. For RFIDs, you have to trust that every single other person you meet isn't bouncing radio waves off your person and collecting data about you. There's no such trust involved in using a P2P network. So they're not analogous at all.

      As of radar detectors, they are legal nearly everywhere (http://www.afn.org/~afn09444/scanlaws/radar4.html ). So are lockpicks - I know people who own some, and I don't consider it anything special. (Massachusetts law is on http://fringe.davesource.com/Fringe/QuasiLegal/Loc kpicking/appendixB.html )

    20. Re:Oh no! by Anonymous Coward · · Score: 0

      Yup, I too was getting pretty tired of all the posts calling for the creators of RFID to be put in jail.

      Except that nobody ever called for that.

      Nitwit.

    21. Re:Oh no! by black+mariah · · Score: 0, Flamebait

      I didn't call for it either, retard. Are you the same dipshit from earlier? Seriously, take the classes. With help, a typical fuckmuffin like you could easily jump up into the "mildly retarded" bracket. Fuck off.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    22. Re:Oh no! by black+mariah · · Score: 1

      Quit trying to pass off this "bouncing radio waves" bullshit as a real fucking reason. It's fucking paranoia and nothing more. Answer me this. What information does an RFID tag contain? Please, tell me. I'd like to know how someone, not a fucking mass conspiracy, ONE FUCKING PERSON, could tell a goddamned thing about me using an RFID tag. Please, make a good point or fuck off.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    23. Re:Oh no! by bot24 · · Score: 1

      This is ridicules. Does this mean that if somebody fixes my flash dot-matrix display, and then uses it to hide a link to illegal content that I may be arrested? What if somebody uses my N-Gage icon while they are copying pirated software or music to their phone? Is it illegal to have your software pirated too? If somebody is pirating software, then the copy protection wasn't good-enough, and the author helped them to pirate it and broke the law?
      Or maybe it's the police's fault. Maybe the police should have been monitoring more closely...

    24. Re:Oh no! by RedBear · · Score: 2, Insightful

      Wow, +5, Insightful for that.

      What you're failing to understand is that you can't directly compare the two things that you're comparing, RFID and P2P. I don't like RFID because if it becomes widespread I will be forced to use it in some way, and by using it I can end up placing my privacy in jeopardy, and depending on what that private information is and who detects it, the danger may even extend to my physical person.

      On the other hand, nobody is going to force me to put a P2P program on my computer and use it to do illegal things. Even if I do use it legally or illegally, it's not going to cause privacy damage to any individual who doesn't also choose to install and use a P2P program.

      Also, the potential for RFID to be abused against individuals or groups by other indivuduals or the government is quite high. The "abuse" of P2P systems isn't on the same level at all. The "victim" of P2P abuse is the content holder, and the only thing lost by the content holders is a theoretical potential sale. That's assuming that the copied content was even available to be purchased. Nothing physical has been stolen when copyright is violated. The privacy and safety of individuals is not violated by P2P file sharing. With RFID, both privacy and safety could potentially be violated.

      By the way, copyright violation by individuals in a not-for-profit fashion usually falls under civil laws, not criminal laws. I defy you to name any computer application that can be said to be used "almost entirely for criminal purposes". Software doesn't go around killing people or stealing physical objects or causing physical harm. Even if you put it in the context of computer crimes, the software that is used to hack into other computers is often the same software that computer people use to administrate or secure their own computers. What you're talking about is like wanting to ban crowbars because suddenly a lot of them are being used to commit robberies and murders.

      And finally, it hasn't "always been accepted" that certain objects should be banned because people use them "almost entirely" for criminal purposes. I don'te accept it. I think it's bogus that brass knuckles, lockpicks, radar detectors (are those illegal now?) and other things should be illegal. I notice the crime rate hasn't gone down after the banning of those objects. Might that be because banning the objects fails to address the reasons for the actions of the persons who go ahead and commit the same crimes some other way?

      No object should ever be banned unless it can somehow by its very nature cause harm to others without any human action being applied. It is the action that is the crime, and to keep the crime from happening you have to get to the source of why the person decided to cause the action to occur. I know, we aren't real big on prevention here in 'Merc-uh.

      Getting back to P2P, do you have some answer for all the legitimate file sharers who will be banging on your door after you ban P2P software, asking you why in the name of Pete they are no longer allowed to choose to share anything they own the copyright for? The number of people abusing the system is meaningless, except to give you an indicator that there is some reason for these copyright violations that needs to be addressed. Banning the object is not the answer.

      But go ahead and do it your way. Ban P2P software. Then you can go on your merry way, singing to yourself, "The Emporer does have clothes, the Emporer does have clothes!" Everyone will move to Freenet or its equivalent and completely ignore you. And if you try to ban Freenet and start arresting anyone who uses it (because 95% of the users are abusing the system, of course) you will sooner or later end up with a civil war on your hands, as the educated and rabidly freedom-loving minority realizes they have lost all freedom of expression and have no reason to continue allowing the current government to exist.

      If a law were passed tomorrow

    25. Re:Oh no! by Anonymous Coward · · Score: 0

      Noir mariah est une trolle. C'est defini!

    26. Re:Oh no! by corbettw · · Score: 1

      I don't like RFID because if it becomes widespread I [may] be forced to use it in some way, and by using it I [might] end up placing my privacy in jeopardy, and depending on what that private information is and who detects it, the danger may even extend to my physical person.

      Wow, that's a lot of ifs. (Note: some words edited to be more correct. Even if RFID becomes widespread, you still won't be forced to use it any more than you're forced to use UPC codes, you'll just have a harder time avoiding them.)

      --
      God invented whiskey so the Irish would not rule the world.
    27. Re:Oh no! by jonbryce · · Score: 1

      What's the highest source of traffic through tcp/ip? P2P by a very large margin. People don't go for ultra-fast broadband to download email.

    28. Re:Oh no! by Anonymous Coward · · Score: 0

      I don't know about you but I can't do my regular shopping without using a UPS code. The only exception perhaps being some fruits and vegetables. But in practical terms I can't avoid using UPC codes and maintain a healthy diet.

  5. English Articles by Anonymous Coward · · Score: 5, Informative
    The article linked to the in headline is in Japanese. Here are some articles in English: /not karma whoring
    1. Re:English Articles by ColaMan · · Score: 1

      Hooray for Google news , hey?

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    2. Re:English Articles by Anonymous Coward · · Score: 0

      Oooooo look everyone! Quickly!! Dave has identified that the parent probably just got their links from Google news... quick, quick, oh Dave, you're so sexy when you pick up on these kinds of things.

    3. Re:English Articles by Anonymous Coward · · Score: 1, Insightful

      "In March, a virus swept through the program, picking up investigation records from a Kyoto Prefectural Police officer's computer and whisking them around cyberspace. Other police documents and Self-Defense Force materials have also been spread across the Internet through Winny. (Mainichi Shimbun, May 10, 2004)"

      Was the virus exploiting Winny and automatically shared hard drive contents to the net? Or, the officer downloaded the virus by mistake and spread drive contents? Viruses usually destroy data, not disseminate, except for replicating itself etc.

      Other police documents and other private information were revealed by humans, so why blame P2P or its author?

      The punishment doesn't fit the crime, if it's even a crime. Expressing Free Speech (writing a P2P) can cost $26k+ and 3 years in prison? Laws like these are out of touch of society.

    4. Re:English Articles by Ronald+Dumsfeld · · Score: 1
      --
      Where's the Kaboom?
      There's supposed to be an Earth-shattering Kaboom.
    5. Re:English Articles by Mandoric · · Score: 3, Informative

      Winny automatically shares nothing but files in encrypted cache (contains, but is not limited to, files selected for download.)

      However, a recent virus named "KINTAMA" shares both screenshots and LZH files containing the entire contents of the desktop.

    6. Re:English Articles by BJH · · Score: 3, Interesting

      There's one article you won't see in English; the mail that hiroyuki (2ch's maintainer) sent out to the 2ch mailing list.

      According to what he says, at the time that Kaneko (Mr. 47, the developer of Winny) was supposed to have made his comments about Winny being developed for the purpose of anonymous breach of copyright, 2ch didn't keep IP logs (it does now).

      Which means the Kyoto High-Tech Crimes Division is going to have a tough time proving that it was him who made those comments...

    7. Re:English Articles by Anonymous Coward · · Score: 0

      You know, we need more viruses to start sharing confidential documents. All it would have to do is find some *doc and *excel files on the hard drive and mail them to random people over and over. Might as well make it interesting.

    8. Re:English Articles by You're+All+Wrong · · Score: 1

      This program embarassed the police.
      They were obliged to put a sack on his head and piss on him.

      YAW

      --
      Your head of state is a corrupt weasel, I hope you're happy.
  6. You know by Manip · · Score: 1

    You know he's going to be doing some wining later ;)

    Luckily the rest of the worlds police force can barely use word let alone catch people doing crimes online or even understand what the crime committed was.

  7. Japanese legal system by evanbd · · Score: 2, Informative
    Is there a site with a good overview of the Japanese legal system, and how it is similar to / different from the US one, both in procedures and laws? I see occasional pieces about Japanese legal issues, but am always amazed at how little I know.

    Thanks

    1. Re:Japanese legal system by trezor · · Score: 4, Funny

      IANAL but I think that a very common form of punishment in Japan is to force people to sign up for japanese gameshows.

      Anyone who has seen just glimpse of those should get my point...

      --
      Not Buzzword 2.0 compliant. Please speak english.
    2. Re:Japanese legal system by kubrick · · Score: 2, Interesting

      I recall hearing a while back that Japanese courts had a 99.8% conviction rate. After all, if you weren't guilty you wouldn't have been arrested, right?

      Anyway, Wikipedia has a small article, which backs that up somewhat (and no, I didn't write that part :).

      --
      deus does not exist but if he does
    3. Re:Japanese legal system by Anonymous Coward · · Score: 0

      Saw a documentary the other day on this. The most successful defense lawyer has a less than 1% success rate. I think he got one acquittal in a 20 year career. The other "successes" were reduced sentences or some such.

      In Japan, if you are the defendant in court, you are stuffed.

    4. Re:Japanese legal system by subStance · · Score: 5, Interesting

      I have a friend here who uses lawyers in Japan on a weekly basis for reviewing contracts etc, and his comment was that this will take years to even get to court, since Japan is one of the few countries in the world that actually has a lawyer shortage. If you needed any more reasons to move here ....

      --
      Servlet v2.4 container in a single 161KB jar file ? Try Winstone
    5. Re:Japanese legal system by Anonymous Coward · · Score: 0

      Why is this moderated as informative? He is asking a question!!!

    6. Re:Japanese legal system by Anonymous Coward · · Score: 5, Interesting

      Reading the words of the Japanese law, or the procedures, will leave you very misinformed. Although it is often the case even in the U.S. that the police will twist the perception of the law, or just blatantly ignore it, this is a much more frequent case in Japan.

      The sad thing is that the Japanese people don't seem to mind it, as long as the media seems to report it as "the right thing to do", and it is a well known fact that the major media outlets do a lot of ass kissing.

      There are exceptions of course, people that understand the severity of the issue, people that lobby against the blatant miuse of legal forces, and the occasional newspaper article that isn't worried about pissing off the gov't. Unfortunately, it's a pretty rare exception.

      The only difference is this time, even the media's first announcements of the incident included some opinion on how this could be a very sticky situation. They specifically mention how the producer of fruit knives aren't arrested just because some dork decides to stab someone with it. The police have compared this to the production of a gun, which they say has only one use: harming people. Personally, I would say it is used for hunting, self defense, and thus has legitimate uses. All that said, the news papers have mentioned that even Winny has positive uses, and although it can and most often is used for the illegal distribution of copyrighted material, it is merely a tool.

      The assistant professor that created this piece has written in 2ch that he made it in order to challenge the way current copyrights work, and the business models behind them. I think his heart was in the right spot, but method was wrong. However, I STILL think he produced a very good package, and whether or not he is willing to believe his own story or not, there ARE positive uses.

      I am actually currently trying to get ahold of his attorney (more specifically, I'm trying to figure out who is attorney is) because I want to stand in court and testify for him. I am a member of a group that has ideas that are contrary to current laws. Our group is civil, we don't break any laws, and we are politically active in voicing our opinion. However, we are also very underfunded, and a majority of the members are scared to speak out in public or offer internet bandwidth for the transmission of materials, especially videos of our public events, because the Japanese police are notorious at using all the tricks in the books to supress free speech. The method we've taken? Winny.

      I would like to stress again that our political movements are NOT ILLEGAL, we do not participate in any illegal activities, and are strictly voicing our opinion. However, there is reason to be scared. I am one that has little to lose over going public, and have actually done so multiple times during various events. And I would like to stand in court and testify because the arrest of the Winny author is in direct contrast to our best interests, and we are an obvious case of legitimate use of the software.

      Many of you may laugh at how "backwards" Japan and it's legal system is. Watch out though, the situation is worsening every day in the U.S., and you may be seeing similar headlines "coming soon".

    7. Re:Japanese legal system by Ralph+Yarro · · Score: 5, Funny

      Why is this moderated as informative?

      10th day of the month. Even number userid. Post has 245 characters, starts with a vowel and ends with a consonant.

      He is asking a question!!!

      Doesn't mention that in the modding tables I use. Are you sure you've got the latest ones?

      --

      The real Ralph Yarro posts as Anonymous Coward. Anyone else is an impostor.
    8. Re:Japanese legal system by Xipe66 · · Score: 1

      The conviction rate in Japan is so high because of several factors, not least of them are things that separates the japanese culturally from us. For instance, nearly 99% of all who are charged with a crime in Japan readily confess once they get caught. You know, honor, and such stuff.
      Their overall crime rate is also much lower than in most western countries.

      ...so it's not so much a "fascist" legal system (as you seem to imply) as it is the japanese culture.

      --
      Civilization is the process of setting man free from men.
    9. Re:Japanese legal system by SFBwian · · Score: 1

      I dunno, the contestants on Most eXtreme elimination Challenge seem to be having a great time.

      Don't-get-eliminated!

      --
      I'm looking to get rich. I've got steps #2 (????) and #3 (PROFIT!) planned out, but am having trouble coming up with #1.
    10. Re:Japanese legal system by kubrick · · Score: 1

      Fascism isn't always external, it can be internalised. Japanese culture has always skated close to that sort of internalised fascism (e.g. Mishima).

      I wasn't being snide, merely pointing out a pretty big cultural difference -- the fact that this is accepted by the police and the accused alike as normal is a major point of differentiation.

      --
      deus does not exist but if he does
    11. Re:Japanese legal system by CastrTroy · · Score: 1

      I vote we start a petition to get them to translate some "All your base are belong to us" into that show. That would make it the best show of all time. ;)

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    12. Re:Japanese legal system by Boing · · Score: 1
      I am actually currently trying to get ahold of his attorney (more specifically, I'm trying to figure out who is attorney is) because I want to stand in court and testify for him. I am a member of a group that has ideas that are contrary to current laws.

      No offense, but if I were his lawyer I would be very hesitant to allow someone to testify who is essentially a complete stranger with a controversial streak.

      I'll take your word for it that your group doesn't break any laws. But if you're a spokesman for NAMBLA or something, I still wouldn't want my client getting associated (in the eyes of the judge/jury) with your political movement; it's likely to do more harm than good.

    13. Re:Japanese legal system by Anonymous Coward · · Score: 0

      people don't seem to mind it, as long as the media seems to report it as "the right thing to do"

      What country we talkin' 'bout 'gain?

    14. Re:Japanese legal system by Mantorp · · Score: 1

      Didn't read the article so not sure it applies, but if they lock this guy up while waiting for a trial I think at least he would welcome a lawyer surplus. As would anyone else charged with a crime on similarily shaky grounds.

    15. Re:Japanese legal system by Anonymous Coward · · Score: 0

      I'm the same AC that posted the "who's his attorney?" post.

      No offense, but if I were his lawyer I would be very hesitant to allow someone to testify who is essentially a complete stranger with a controversial streak.

      I agree, but it's worth it. Free speech case. FYI, the organization I'm talking about is for the legalization of medical marijuana in Japan. Not exactly NAMBLA, but it could be just the same.

      I'll take your word for it that your group doesn't break any laws. But if you're a spokesman for NAMBLA or something, I still wouldn't want my client getting associated (in the eyes of the judge/jury) with your political movement; it's likely to do more harm than good.

      So I take it you didn't know that THERE ARE NO JURIES in Japan. Cool, eh? Peer review doesn't exist.

    16. Re:Japanese legal system by CodeMonkey4Hire · · Score: 1

      It might be better to plead guilty and serve your time than wait for the trial. If you are accused of something petty (1 year?), this would have to cross your mind. That could contribute to the 99.8%. That and the fact that you figure you're already screwed and might as well cut your losses.

      --

      Let's go Hurricanes!!! 2006 Stanley Cup Champions!!!
    17. Re:Japanese legal system by Undefined+Parameter · · Score: 1

      You seem very hesitant to name this organization, yet you've said that you've "gone public." I'm curious (and making an assumption)... but what is the reason you do not wish to name your organization?

      Just to make it absolutely clear, I'm not set against you... I'm just curious (and low on sleep, so please pardon me if this makes little-to-no sense and/or comes across as being aggressive).

      Sincerely,

      Undefined Parameter

      --
      Eat the Path.
    18. Re:Japanese legal system by Anonymous Coward · · Score: 0
      Why is this moderated as informative? He is asking a question!!!


      Clearly, it wasn't the question that was being moderated, but the subsequent statement:

      I see occasional pieces about Japanese legal issues, but am always amazed at how little I know.

    19. Re:Japanese legal system by Anonymous Coward · · Score: 0

      Yeah, one minute on Takeshi's Castle (re-done on Spike TV as MXC) is punishment enough... :-)

    20. Re:Japanese legal system by pikakilla · · Score: 1

      if i had the option of going to jail for a year or possibily getting off, id choose the latter. Besides, if it will take years for him to go to trial, precedents could be set or new laws exhonarating all those who commited these "crimes" could pass.

    21. Re:Japanese legal system by Boing · · Score: 1
      Thanks for the response. Your cause might not be as controversial as that of a NAMBLA, but it's still an unnecessary risk for very little gain. Jury or no, whoever the deciding party of the case is liable to take a claim of "my controversial group used Winny to great effect without breaking any laws" as "Winny helps people encourage illegal activities", even if that's not your actual use of it.

      The only thing he would gain is the ability to say that Winny has legal uses... which he can say anyway, without implying any sort of connection with any controversial viewpoints.

    22. Re:Japanese legal system by Anonymous Coward · · Score: 0

      Defending team is now officially established.

      http://www.moodindigo.org/blog/archives/000214.h tm l

  8. In other news ... by rubicon7 · · Score: 5, Insightful

    ... Black & Decker has been charged as an accomplice to many murders committed with their tools.

    <sigh> I guess I won't bother trying to write any decent software then, if the possibility exists that I'm to be arrested for it. What would the point be?

    --
    --- We are not in the 8th dimension. We are over New Jersey.
    1. Re:In other news ... by ColaMan · · Score: 4, Insightful
      Probably they're pissed because of this ...

      Japanese police blame document leak on virus
      Posted on Wednesday, April 07, 2004 at 16:56 by Andy Holliday

      Japanese police announced earlier this week that data stored on a private laptop relating to a crime has been unwittingly circulated on the internet.

      The information was stored in 19 documents and even 'wanted' lists that had been compiled by a Police Officer and stored on his laptop.

      According the police, 11 names of actual persons were contained in the documents.

      The police suspect that a virus caused the leak and then the documents were circulated over the internet, probably over the Japanese Winny P2P network.

      The officer in question claims that he received permission to use his own PC for the work but is currently being questioned over the security breach.

      Detailed descriptions of the crimes were said to be included in the documents that were distributed.

      It Vibe
      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    2. Re:In other news ... by eggstasy · · Score: 1, Insightful

      Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material, much like emulators are made for running copyrighted roms.
      Claiming that they have a lot of potentially non-infringing uses is just an excuse.
      Black & Decker tools are made for construction, and in 99.99% of cases they are used for construction work.
      I am a "pirate". I'm not the least bit embarrassed about it. I like getting stuff for free. But at least I'm not a whiny hypocrite who runs around trying to justify his breach of the law.
      If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day, and so would millions of other people.
      People are inherently selfish and dishonest. Stop trying to make yourself look like an innocent victim of idiotic politicians.

    3. Re:In other news ... by 10Ghz · · Score: 5, Insightful
      Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material, much like emulators are made for running copyrighted roms.
      Claiming that they have a lot of potentially non-infringing uses is just an excuse.


      Couldn't you say the same thing about guns? Guns are designed to kill. Pistols particularly are made for just that (do you go hunting with your 9mm Beretta?). Sure you could use them for target-practice and such, but that doesn't change the fact that killing is what they are meant to do.
      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    4. Re:In other news ... by Blue+Eagle+26 · · Score: 0

      "If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day, and so would millions of other people." Shoplifting is illegally taking something MATERIAL from someone else, meaning they no longer have it. Copyright Infringment is the unauthorized copying of of copyrighted Intellectual Property. Note the word COPYING. I.E. The owner still has it, but now you do, to. Intellectual property used to be a tangible concept, but now modern technology has pretty much pulled the rug out from under the very concept. The RIAA used to be the king of music distribution, controling what people heard. People needed them once upon a time. But now they are about as usefull as a urinal in a women's restroom.

    5. Re:In other news ... by -noefordeg- · · Score: 3, Insightful

      "If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day, and so would millions of other people."

      It's just so very different. If you steal a car or candy, you are actually taking something which have been made by the use of several difference resources, which can -never- be remade/reclaimed and those in charge of making the things won't get anything in return.

      If I copy a file from one computer to the other, nothing, absolutely nothing have been wasted. There are no resources that have been spent. No one will go home emptyhanded because they didn't get paid. No one will lose anything on it.

      It's impossible for, lets say MS, to lose money on people copying WinXP opposed to someone making cars or mp3 players. Because, once you have made WinXP, it's there. The cost of making one or one billion copies of WinXP is the same. the cost of making you candy increases with every bit made. Same for cars or mp3 players.

      Tho I wish MS would enforce their copy protections, because the day everyone would have to pay for every copy of Office and Windows they use, will be the day Linux goes mainstream.

    6. Re:In other news ... by Anonymous Coward · · Score: 0

      God damn, but this kind of post pisses me off.

      I'm not even a member of /., but you are going to far.

      This guy is getting busted for writing bug-free code, not for downloading pirated files. If you can't see the difference, you need to get your glasses prescription checked.

    7. Re:In other news ... by Beautyon · · Score: 3, Insightful

      Guns are designed to shoot bullets efficiently. You can use them to shot anytying, including people. The choice to shoot people is yours, and has nothing to do with the utility of the gun.

      And you know that.

      --
      ATH0 Bitcoin: 1DnwFLXczVZV8kLJbMYoheUrpqHesjxrSi
    8. Re:In other news ... by Anonymous Coward · · Score: 0
      If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day
      So why don't you, it's not like they are able to sue you for 2500000 per candy bar.
    9. Re:In other news ... by Omestes · · Score: 1

      This isn't really true. While I'll freely admit to piracy(with some ethical caveats to make myself feel better), I will not conceed the P2P is made exclusivly for piracy. Sure, Kazaa and such ARE, but things like kazaa are not the only p2p networks out there. At my uni I use Direct Connect alot, and mostly for trading class files, and docs, that and me and a couple friends do some movie production and shuttle the projects around on DC, and we trade pictures alot.

      Just because most p2p is used for kiddies to download the newest Britany Spears mp3s, doesn't mean that ALL p2p is used for the same. In actuality there are many legal uses for p2p. I think we all would be lying to ourselves though if we claimed that Kazaa was not designed for, and used mostly for, piracy.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    10. Re:In other news ... by TyrranzzX · · Score: 2, Insightful

      There's a critical distinction you failed to make; filesharing networks were made to share files. They are used to trade copyrighted material.

      It's akin to the VCR. The VCR has the capability to play and copy video casettes; this is what it was made to do. It's users tend to tape copyrighted video off of the television.

      The point here is relitivally simple, and anyone can see the correlation. You don't ban computers to solve the problem of malicious hacking. Banning computers would do that most certainly, however it'd have other effects such as taking down most of the business on the planet. Whenever you ban something loosly correlated with something else, you take something else out with it.

      The point here is, if you ban P2P networks to take out copyright violation, you also take out other things as well. Ever try typing in "Occult" into a search engine? How about "lead beater" or "blavatsky" or "1984" or "calculus" or "bible" or "SKTFM"? Ever set it for movies and type in "UFO"?

      I take it you haven't, and thusly, I heartily reccomend you promptly pull your head out of your ass, wipe it off and begin using it. Those uses far outweigh your porn and warez needs.

      And finally, if p2p networks were anything like shoplifting, i'd be able to walk into a store and replicate clothing at will from the air that surrounds us for next to nothing.

      Thank you for pissing me off and wasting my time.

    11. Re:In other news ... by Anonymous Coward · · Score: 5, Insightful

      Guns are designed to shoot bullets efficiently. You can use them to shot anytying, including people. The choice to shoot people is yours, and has nothing to do with the utility of the gun. And you know that.

      Um, yes? That was, you know, his entire fucking point?

      Filesharing apps are designed to share files. You can use them to share anything, including pirated movies. The choice to infringe copyright is yours, and has nothing to do with the utility of the application.

      See? He was agreeing with you.

      Man, you gun nuts are almost as paranoid as BSD users...

    12. Re:In other news ... by Tarpan · · Score: 5, Insightful

      Guns are designed to shoot bullets efficiently. You can use them to shot anytying, including people. The choice to shoot people is yours, and has nothing to do with the utility of the gun.

      Filesharing applications are designed to share files efficiently. You can use them to share anything, including copyrighted material. The choice to share copyrighted materials is yours, and has nothing to do with the utility of the application.

    13. Re:In other news ... by morie · · Score: 1

      *sigh* If my boss decides not to pay me by the end of the month, he has taken nothing from me. Stil, I cannot pay my bills then and will sue him for the money. It is supposed to be about the effort that is put into the programming.

      --
      Sig (appended to the end of comments I post, 54 chars)
    14. Re:In other news ... by inkblot69 · · Score: 2

      P2P networks are designed to share files efficiently. You can use them to share anything, including copyrighted material. The choice to share copyrighted material is yours, and has nothing to do with the utility of the P2P network,

    15. Re:In other news ... by Anonymous Coward · · Score: 0

      P2P programs are designed to transfer files effectively. You can transfer any files, including those you don't own. The choice to transfer files you don't own is yours, and has nothing to do with the utility of the program.

      And you know that.

    16. Re:In other news ... by Rogerborg · · Score: 0, Offtopic

      > Couldn't you say the same thing about guns?

      Why, yes, you could. Now, given the utter irrelevance of the comparison between guns and mp3s, could you explain why you made this comment?

      --
      If you were blocking sigs, you wouldn't have to read this.
    17. Re:In other news ... by Tuqui · · Score: 2, Informative

      The problem is that he post in 2ch that his program would do a revolution of the copyrights.
      Just if he just shutup and code, there would be no problems at all.

    18. Re:In other news ... by Anonymous Coward · · Score: 1, Informative

      If my boss decides not to pay me by the end of the month, he has taken nothing from me.

      He's taken your time, which he had agreed to pay you for. It's like walking out of a shop without paying for something, or not paying your phone bill.

      Copyright infringement, on the other hand, is different. When you illegally make a copy of something, the copyright holder hasn't used any time, effort or other resources. The only person using any resources is the one making the copy.

    19. Re:In other news ... by Anonymous Coward · · Score: 0

      Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material

      Do you know what the word "hypocrite" means? Or do you just like calling people you don't like hypocritical?

    20. Re:In other news ... by Anonymous Coward · · Score: 0

      Direct connect is just like an up-market Kazaa.
      Users of it are like BMW or Merc drivers.

      we look down on everyone with kazaa etc ;)

      I like DC because there is a certain amount of self checking - everyone ensures the files are of good quality and worth sharing, otherwise you get thrown out of the hubs.

      It makes it worth being in there.

    21. Re:In other news ... by Anonymous Coward · · Score: 0

      The point was just that there can be made 'better' arguments for banning guns than p2p. Yet we don't ban guns because the have the potential of being used for something good, even though it usually isn't the case.

    22. Re:In other news ... by alien_blueprint · · Score: 1

      Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material

      There have been a few of these posts following the form of "but what are P2P apps used for, if not sharing copyrighted material?" I'll try to answer. If everyone said "P2P file-sharing apps" or just "file-sharing apps" or something along those lines I would tend to agree with you - these *are* mainly used for sharing copyrighted content.

      However, not every "peer to peer" system is made for, or even capable of, file sharing. The only requirement is that both components in a networked system are "peers" - operating at the same level in the system's architecture. For example, your web browser and the Slashdot web server do not form a peer-to-peer system. One is a client and one is a server.

      Now, if I've explained that correctly, you'll probably be able to come up with quite a few examples of real life "P2P" systems that having nothing to do with file sharing. To start with, anything that is capable of being "federated" is most likely some kind of P2P system. Enterprise level messaging and event processing systems are an example. Anything that is trying to maintain consistency across multiple copies of a document, or trying to move data around from server to server to optimize access is also probably some kind of peer-to-peer system at core.

      I've worked on and contributed to a number of systems that are also P2P, yet that was not those system's important feature from the user's point of view - it just happened to be the selected architecture for the system.

      Anyway, you probably get the idea. P2P applications, not used for file sharing, really are very commonplace.

      Hope that helps!

    23. Re:In other news ... by Anonymous Coward · · Score: 5, Interesting
      You may be more correct than you think.

      This Police mentioned in your story is the same Kyoto Police that WENT TO TOKYO to arrest Winny's author, a Tokyo resident.

      Think different states in the US. It is like hearing Chicago Police going to New York to arrest a New York resident. Something must have motivated them so much...

    24. Re:In other news ... by Anonymous Coward · · Score: 0

      Filesharing applications are designed to share files efficiently. You can use them to share anything, including copyrighted material. The choice to share copyrighted materials is yours, and has nothing to do with the utility of the application.

      My ass is designed to shit efficiently. You can use it to shit on anything, including copyrighted material. The choice to shit on copyrighted materials is yours, and has nothing to do with the utility of my ass.

    25. Re:In other news ... by Anonymous Coward · · Score: 0

      Also recall our second ammendment right to to keep and bear arms.

      YOUR second amendment right to keep and bear arms perhaps. Don't try to foist it off on the rest of us. YOUR problem, not OURs.

    26. Re:In other news ... by Anonymous Coward · · Score: 0

      It's called the principle of universalization.

      Look it up and when you get home you can tell mom you learned something new today.

    27. Re:In other news ... by trawg · · Score: 1

      So, in conclusion, shouldn't we abolish p2p software AND guns?

    28. Re:In other news ... by quake74 · · Score: 2, Insightful

      Without going to such violent comparison, I believe a more fitting reference is photocopiers. You can photocopy a book and take it back, just like with files. And yes, that book could be protected by copyright, yet nobody is arresting (or even suing) people at Xerox. Does anybody know what are the rules governing this situation? Is the Staple's manager liable for allowing you to do this at a selfservice machine?

    29. Re:In other news ... by Crayon+Kid · · Score: 1

      I'd say the key issue here comes down to percentages. OK, some people use P2P for sharing class materials and some use them for illegal copyrighted material. But when you look and see that the illegal copyright bit makes up for 99% of P2P, then you can imagine what the fuss is about. In light of their previous decision regarding guns (99% used for killing people, so we ban them) this reaction of the Japanese law enforcement regarding P2P is not in the least surprising.

      (No, I don't have hard facts and studies to prove the 99% figure. But you can use your common sense just the same.)

      --
      i ate crayons when i was a kid and now i have two braincells and the blue ones taste nicer
    30. Re:In other news ... by Anonymous Coward · · Score: 0

      Filesharing applications are designed to share files efficiently. You can use them to share anything, including copyrighted material. The choice to share copyrighted materials is yours, and has nothing to do with the utility of the application. Biological weapons are designed to multiply whilst killing host cells. You can use them to kill anything, including dangerous animals. The choice to kill humans is yours, and has nothing to do with the utility of the application.

    31. Re:In other news ... by Sithgunner · · Score: 1

      But all the people owning guns don't start firing in public, in fact as for Winny, people do start firing up the application and do the bad part in everyday life and they need no license to do that as well.

      The problem is the dark side of the element is taking place, we aren't talking about the potential risk, the actual results.

    32. Re:In other news ... by serviscope_minor · · Score: 1

      You do know that sharing copyright material is perfectly legal if the copyright says so. There are plenty of legitimate uses for P2P software, much like there are plenty of non legitimage uses.

      Just because you seem to have no shame about being lazy, dishonest and selfish, do not think that everyone out there is like you. I will refrain from calling you a thief, since it appears that your laziness is preventing you from participating in such activities.

      --
      SJW n. One who posts facts.
    33. Re:In other news ... by Threni · · Score: 1

      > Anyone but a hypocrite can tell you that most P2P apps are indeed made for
      > trading copyrighted material, much like emulators are made for running
      > copyrighted roms.

      To tell what something is `made for` you'd need to know what was going on in the mind(s) of the creator(s) at the time it was written. It appears you have this knowledge. It's not the creator(s) fault what it's used for. Hence all the comments about guns and so on.

      If the police think someone is breaking the law then they should be investigated, arrested and charged, but to say that P2P usage is suspect is just stupid. It's not possible in any sensible legal system. How do you prove beyond all reasonable doubt that someone was doing something illegal just because they're running P2P software? What about corporations which use P2P. What if P2P was used as a way of forwarding emails, or selling software over the net legitamately? I use P2P software to get legal music and documents. You'd brand all that as illegal?

    34. Re:In other news ... by NoMoreNicksLeft · · Score: 2, Insightful

      You and the boss had a pre-existing agreement. Worse, if you happen to work in a factory or something, does everything you assembled now belong to you?

      No such agreement exists between Britney Spears and myself. Worse, the generic agreement that should exist between me and her (14 years renewable to 28, fair use, etc) has intentionally and maliciously been twisted to the point that it's not even close to being fair. Because of that, I consider that generic agreement null and void, and whenever I feel like it I'll copy anything I can figure out how to. If Britney can't pay her cocaine bills because she still believes this agreement in force, or if she tries to sic police forces on me, because I'm not adhering to it, too damn bad.

      Musicians should get paid because they play music, not because some 11 yr old arranges the bits on his hard drive platter in a certain way. That would fix the Britney Spears problem too...

    35. Re:In other news ... by Anonymous Coward · · Score: 1, Insightful

      What about songwriters who don't perform, Mr. Arbiter-of-who-should-get-paid-for-what? They only get paid from royalties from music sales and on-air performances. How do you intend to compensate them? Or is your argument a matter of personal convenience? On that topic, are you implying that you would buy music if only the copyright term were shorter? It's my impression that most people download works that are substantially newer than even 14 years. So that rings a little false. Or at least self-serving. As for the accusation of drug use by Britney, do you have proof? I'm curious. And anyway, what business is it of yours what she spends her money on? Are you overpaid because of your spending choices?

    36. Re:In other news ... by Anonymous Coward · · Score: 0

      But all the people owning guns don't start firing in public

      Of all the people who own P2P software, not all duplicate copyrighted data. Take a look at FurtherNet for an example. A Google search will turn up others.

      Since not all people who own P2P software use it for illegal purposes, your statement doesn't logically fit. Perhaps if your statement is modified to read "many of the people owning guns don't fire in public" then that is true in America today. You may look at other countries/cultures for counter examples. One is in many cultures it is socially acceptable in public places to fire automatic weapons for celebatory purposes. You may also look at the recent history of America especially in the frontiers for other examples.

      The same holds true with P2P -- different cultures and people in different times use it differently.

    37. Re:In other news ... by Boing · · Score: 1
      The choice to share copyrighted materials is yours

      Correct me if I'm wrong, but doesn't Freenet distribute encrypted shared files across multiple computers so that they're protected from the removal of one node of the network?

      I don't know anything about the inner workings of winny, but if it's at all similar (and if I remembered that correctly) then you are actually subject to someone else's choice to share copyrighted materials, as an accessory.

      That doesn't inherently make it morally right or wrong, but it's an important distinction from guns... other gun owners aren't doing anything to help your gun shoot a person.

    38. Re:In other news ... by Anonymous Coward · · Score: 0
      He's taken your time, which he had agreed to pay you for. It's like walking out of a shop without paying for something, or not paying your phone bill.

      What about the time and effort of the people who created that file that you just downloaded. Did they not lose anything ? How about all the time and effort of MS research and development to create their software (Okay, thats a stretch but you get the point) Sharing someone elses copyrighted works is wrong. No one has ever been arrested that I know for sharing a bit torrent of personel data. Share someone elses work/data, you deserve to be arrested. End of story. If you dont want to pay, dont listen, or watch.
      Posted AC because I modded twice here. Nurseman

    39. Re:In other news ... by Anonymous Coward · · Score: 0

      So, in conclusion, shouldn't we abolish p2p software AND guns?

      Or, design a gun that can be used as p2p software. That way, nobody can complain that either has only one purpose.

    40. Re:In other news ... by orangesquid · · Score: 4, Insightful

      BitTorrent is the often the only way to get Slackware ISOs nowadays... and it's perfectly legitimate.

      When I used to use Sega Genesis emulators, it was mostly because I would compile things with gcc-68k and then see if I could talk to the Genesis video processor and get it to do what I want.

      *shrug*

      But then again, I usually drive <=55 in a 55 MPH zone. Most people around here don't.

      Does that make me a "pussy"/"fag"/"asshole"/buzzword-of-the-week?

      (Apologies to any females or homosexual men who read this post; I just needed to prove a point)

      --
      --TheOrangeSquid Is it any wonder things seem so awry? We swim in a sea of confusion and don't have to think to survive
    41. Re:In other news ... by kabocox · · Score: 1

      Sure you could use them for target-practice and such, but that doesn't change the fact that killing is what they are meant to do.

      Then "duck hunt" or "deer hunter" are nothing less than training to kill ducks and deer. These games should no longer be sold because they train people to shoot animals, which is morally wrong.

      That isn't my personnal opinion.

    42. Re:In other news ... by Nurseman · · Score: 1
      Posted AC because I modded twice here. Nurseman

      I thought if I posted AC, I could keep my mods in this thread, silly me, sorry for the monday morning screwup :-).

      --
      Save a Life. Donate Blood. Please.
    43. Re:In other news ... by lordmage · · Score: 2, Insightful

      The difference between Guns and other items like Cars (Cars kill) and such... is that in the US Constitution there is a line that states clearly that all citizens have the Right to Bear Arms.

      Me.. I choose not too.. however, the 30,000 gun laws are already impinging on that right to try and take it away.

      p2p filesharing is not in the US Consitution. Thus it is not a right of a citizen to be able to share files, thus you have to try and shove the "right" under something else.. like free speech or freedom of the press.

      Obviously this is from a US perspective.

      --
      I can program myself out of a Hello World Contest!!
    44. Re:In other news ... by rimbaldi · · Score: 3, Informative
      If I copy a file from one computer to the other, nothing, absolutely nothing have been wasted. There are no resources that have been spent. No one will go home emptyhanded because they didn't get paid. No one will lose anything on it.

      Your logic is flawed; it is a subset of the broken window fallacy. In your line of reasoning, you claim that people benefit from free copying of software, and no one gets hurt. This neglects the opportunity cost for software makers.

      The success of capitalism is dependent on the practice of certain theories of economics. One of the most important is the concept of opportunity cost vs. accounting cost. For the purposes of this discusson, accounting cost is more like actual cost. While it is true that resources are not consumed in copying bits, the vast number of companies that depend on any sort of Intellectual Property would go out of business if that is all they paid attention to. To survive, companies must take into account the amount of money they lose based on the course of action they take.

      For example, I decide I want to watch TV. But I could have spent my time selling subscriptions to slashdot. There is an opportunity cost of the money I could have made with the time I had.

      In the case of Microsoft, they could do nothing and let people copy their software, or they could enforce copy protection. There is a huge opportunity cost between the two courses of action.

      The reason this affects you is that it is one of the hidden assumptions of our economic system. You might not care about Microsoft, but you certainly would care if someone broke your bedroom window and claimed they benefited society. Now, you might not be claiming to benefit anyone but yourself by stealing software, but to claim no one is hurt is short-sighted.

    45. Re:In other news ... by Anonymous Coward · · Score: 0

      Stupidity is designed to make AC posts efficiently. You can use AC to post anytying, including frothing redundancy. The choice to post frothing reduncancy is yours, and has nothing to do with the utility of the stupidity. And you know that.

    46. Re:In other news ... by Anonymous Coward · · Score: 0
      Does anybody know the rules governing this situation?

      Sure, it's called Fair Use. It's part of copyrigyht law and very accessible to non-lawyers. It's written in reasonably simple English and is not hard to understand at all.

      You can use the word Copyright in Google to find it, or you can follow this link.

      If you take the time to look at the section following 107, you'll notice that in addition to those numerous rights reserved for individuals, libraries have all sorts of special additional exceptions under copyright law. One could easily make the case that P2P, resembling a library as it does, would fall within any number of these exemptions. The reasons it doesn't are various and this is not the time or the place to get into all of them and their associated arguments right now. But that should answer your Xerox question.

    47. Re:In other news ... by NoMoreNicksLeft · · Score: 4, Insightful

      My own personal issue, is Apple II software. Most of the early stuff would have become public domain here in the next few years, and we could legally start to archive it before bitrot steals it from humanity forever.

      This is something that is impossible to do hiding in the shadows, because warez kiddies simply don't care about it. Add to that, trying to rescue obscure titles, when doing so would be illegal, and that can be a problem for some grandma that has that old disk in her attic. How much will be lost, and even if its 0.0001%, who knows if that will end up being important somehow?

      You, you'll drag out all sorts of lameass arguments though. Who cares about 30 year old software? Some authors are making it public domain (wow, 1 out of 100). No one uses these computers. You should buy it through ebay (better act quick, if you wait til June will summer heat finally flip that one bit?). Maybe you'll trot out the "sacrifices have to be made, to protect the greater Britney Spears albums" bullshit.

      As a grown adult, a taxpayer, and a human being with just as much right as any songwriter, you're damned straight I judge who should get paid for what. I have a brain that works, and when I see a elementary school teacher getting paid $19,500 a year, and an athlete playing a child's game 3 months out of the year for $50 million, not only am I allowed to say "What the fuck?", it would be wrong not to.

      On that note, maybe the issue of songwriting is a worthy one, maybe not. But it seems to me that it could be solved more fairly, more efficiently, without shackling me to eternal copyrights, database copyrights (did you know they were making a comeback?), and all the other stupid shit the corporate lobbyists can dream up.

    48. Re:In other news ... by clambake · · Score: 1

      What about songwriters who don't perform, Mr. Arbiter-of-who-should-get-paid-for-what? They only get paid from royalties from music sales and on-air performances. How do you intend to compensate them?

      I'm curious what those songwriters paid ME a US Citizen, for use of those airwaves that I collectivly with my fellow citizens, own?

    49. Re:In other news ... by Tarpan · · Score: 1

      I dont know how Winny works but freenet does this yes. As do GNUnet (and you can turn this behaviour off, I dont know if you can in freenet). I think it's a bit weird that you can be accused of doing something when someone else is doing it, it's like phone companies should be accused of helping bank robbers if they happened to talk about it over the phone.. but I guess nothing is impossible with stupid technology laws...

      But also, where do you draw the line? as others have mention should the makers of HTTP be guilty for anything illegal said/distributed over http? same with FTP? IRC? ICQ? etc...

    50. Re:In other news ... by clambake · · Score: 2, Insightful

      What about the time and effort of the people who created that file that you just downloaded. Did they not lose anything ?

      Ok, I just copied a song, how much did they "lose"? Let's say all they lost is a penny. Ok, fine. I just wrote a perl script to constantly copy that one song over and over again for the rest of eternity, now how much are they losing? Well, a penny multiplied by infinity.... WHOAH, these song writers are the richest people on the damn planet, in the universe even! Are they paying thier taxes on that infinite money they just lost?

    51. Re:In other news ... by hanssprudel · · Score: 3, Informative

      But the guy wasn't arrested for running Winny, he was arrested for writing it, so your argument is a complete strawman.

    52. Re:In other news ... by clambake · · Score: 1

      For example, I decide I want to watch TV. But I could have spent my time selling subscriptions to slashdot. There is an opportunity cost of the money I could have made with the time I had.

      Or you could have found a simple pill-form cure for cancer and made trillions. What the fuck!? You just lost a cool fifty trillion by watching American Idol! Those assholes OWE you, big time.

    53. Re:In other news ... by cens0r · · Score: 1

      Not to rain on your parade. But guns aren't mentioned in the constitution, arms are. What are arms? Weapons. It could be anything from a sword to a H-bomb. It leaves it up for interpitation.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    54. Re:In other news ... by Anonymous Coward · · Score: 0

      Kyoto - the anagram lover's Tokyo.

    55. Re:In other news ... by networkBoy · · Score: 1

      Starting with the end of your comment:

      "Tho I wish MS would enforce their copy protections, [...] will be the day Linux goes mainstream"

      I agree with you on that point but not the following one,

      Cheers, -nB

      "It's impossible for, lets say MS, to lose money on people copying WinXP"

      That is utter horseshit.

      The point is M$ spent tons of money on development costs (new machines for compiling, Human Resources {staff}, Servers to store all the source code, overhead, marketing, etc.) with the expectation that said costs would be recovered by sales of the software. If everyone copies the software and nobody buys it you will find that the company goes bankrupt. Now while this may not be a *bad* thing when applied to M$, it is a bad practice in general.

      Someone commented about recording artists... They are under the same guise. Concerts and tours (in general) are not large money making operations, they are advertising. That advertising results in album sales, which are the real revenue stream.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    56. Re:In other news ... by Anonymous Coward · · Score: 0
      Pistols particularly are made for just that (do you go hunting with your 9mm Beretta?)/blockquote)

      I often hunt wild boar with a 9mm Ruger, and typically carry a pistol of some form with me while hunting other game.
    57. Re:In other news ... by Pig+Hogger · · Score: 1
      *sigh* If my boss decides not to pay me by the end of the month, he has taken nothing from me. Stil, I cannot pay my bills then and will sue him for the money. It is supposed to be about the effort that is put into the programming.
      He has taken YOUR TIME AND WORK, time and work that are hopelessly gone and cannot be sold to anyone else.
    58. Re:In other news ... by finkployd · · Score: 4, Informative

      Someone commented about recording artists... They are under the same guise. Concerts and tours (in general) are not large money making operations, they are advertising. That advertising results in album sales, which are the real revenue stream.

      Nope, the artists generally make their money with merchanise and concert sales. The record producer makes the vast majority of the money from the album sales.

      Finkployd

    59. Re:In other news ... by Anonymous Coward · · Score: 0

      But killing and even homocide isn't illegal.

    60. Re:In other news ... by Rogerborg · · Score: 1

      > Yet we don't ban guns because...

      I'm going to have to stop you there. If your answer is anything other than "because the pesky old Constitution, as defended vigorously by powerful lobby groups, prevents it", then you are the weakest link.

      --
      If you were blocking sigs, you wouldn't have to read this.
    61. Re:In other news ... by Rogerborg · · Score: 1

      Um, I'm having trouble finding it. Is that anything like sweeping generalization or faulty analogy?

      Thanks for the help!

      --
      If you were blocking sigs, you wouldn't have to read this.
    62. Re:In other news ... by Anonymous Coward · · Score: 0

      No, but please get a better haircut... and Happy Birthday

      --Mark P.

    63. Re:In other news ... by NichG · · Score: 2, Interesting

      Opportunity cost is itself a flawed concept, or at the very least can't be used in an argument about making ends meet. For example:

      Let's say I make a $30000/year salary but I could make a higher salary based on choosing a different job, and what I need for survival is $20000/year.

      Now, my immediately available resources are that 30k/year, which is sufficient for me to survive. As I become aware of the money I could be making (i.e. my opportunity costs are more accurately determined) that doesn't change the answer to the question: do I have enough to survive? So even if my opportunity costs grow, they're always met by the growth of the number from which they're subtracted.

      In the case of music sales, lets say that an artist has 10 dedicated customers who always buy their new songs, and they make new songs at a constant rate. The income from that would be roughly constant (barring inflation, ...). Now, for every person who downloads a copy of one of those songs instead of buying it, there is an associated opportunity cost. However, there is also an associated resource which is brought into the system (i.e. that the person could buy the song means that the maximum the artist could make has also increased). So the net is zero, and answers to questions that hinge around reak monetary values aren't changed.

    64. Re:In other news ... by Anonymous Coward · · Score: 0

      Unfortunately, your logic is flawed too. You are making the same error of thinking that the RIAA and congress and others make. Intellectual "property" is not "capital" in the same sense as the stuff in the guy's bedroom. There is only a cost to invent it. The marginal cost of production is zero. Economic theory suggests that the cost of each copy should be fall to zero.

      In our society we have copyright law: government regulation, an externality which affects the cost of copying. By making copying illegal in some circumstances, you give a would-be copier a choice between a punishment, or buying the software from Microsoft, for some price above the economic price.

      You might say, hey, it's the same with everything, I need to government to protect my car and my TV the same way. Not really the same.. your TV is in your house, and you could always get a gun and protect it yourself. But Microsoft's software is all over the place. In fact, unlike your TV, you can "steal" from microsoft simply by doing things within the walls of your house. Just make a copy of your Windows CD. How does that map onto the TV analogy?

      The point is, sooner or later the reality of the underlying economics (zero cost to copy) will seep through. That always happens with government regulation, because it is fighting against the "invisible hand".

      If you want to call this "capitalism" then I guess the wealth of Communist dictators also comes from "capitalism". I could come up with an argument that: allowing people to keep all the money they earn is stealing from the upper class.

      There is an unfortunate tendency to think that whenever a segment of the economy starts making less money, that it goes against "capitalism".

    65. Re:In other news ... by Anonymous Coward · · Score: 0

      If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day, and so would millions of other people.

      Oh that's an effective argument! "If the universe were different, then different things would happen". Did it occur to you that shoplifting and swapping copyrighted stuff are actually DIFFERENT to begin with? Maybe that's why we have this issue with filesharing, but not with shoplifting.

      I don't see what shoplifting has to do with filesharing anyway. If you shoplift you take something from a shop. If you copy, you *copy* something *from somebody else*, not from the "shop".

      That would be more like, I went to the shop, bought a toaster, then disassembled it and put the plans up on the internet for everybody to download so they could make their own toasters for free. Is THAT shoplifting?? Heck, it's probably not even illegal!

      People are inherently selfish and dishonest.

      Selfish yes (that's a good thing), but not necessarily dishonest. There's nothing dishonest about copying a song. Maybe if you claimed you wrote it though!

    66. Re:In other news ... by Anonymous Coward · · Score: 0

      Hey, just a minute there. As FreeBSD user I take offense to being put on the same level as a "gun nut".

      I mean, at least we don't lobby government. Now that would be something.

    67. Re:In other news ... by -noefordeg- · · Score: 2, Insightful

      "That is utter horseshit."

      No, it is not. MS can't lose money on already made versions of Windows.
      They can get in a situation where there is a decrease in their potential group of buyers.

      Also remember, you won't get any money from people who don't have any money. So if the entire population of Africa pirated WinXP do you think MS would lose much potential income? No.
      What am I getting at?
      The point is that COMPANIES will make software companies money. If the entire Siemens Corporation was caught using pirated WinXP copies MS would sue them for billions, so they simply don't copy it. They buy it!

      In your mind you actually seem to believe that since I copied 3D Studio Release 4 the maker of the program 'lost money' because of decrease in it's potential revenue. But it didn't. I was never in their group of companies/people who they considered their potential revenue.

      It's impossible for a software company to lose money once they have their product finished by people copying it. Because it's there. No one is stealing their product.
      They are just getting a stream of bytes. Only possible way for someone to lose on this would be if you didn't pay the ISP, which would lose money on their service.

      Problem arises tho, when companies start pretending that every living person belong to their potential revenue source. Of course they'll start 'losing money' then. And even more problems surfaces when they start using budgets based on that insane buyer group.

    68. Re:In other news ... by kryten · · Score: 1
      Your logic is flawed; it is a subset of the broken window fallacy. In your line of reasoning, you claim that people benefit from free copying of software, and no one gets hurt. This neglects the opportunity cost for software makers.

      Erm? How are you applying the broken window fallacy here? The way I see it those copying software are the equivalent of the shopkeeper who now doesn't have to pay for broken Windows! Microsoft is the glazier, and the copyright law is the boy with the stone.

      The success of capitalism is dependent on the practice of certain theories of economics.

      This is like saying that the orbit of the planets is dependent on the practice of certain theories of astronomy!

      The reason this affects you is that it is one of the hidden assumptions of our economic system. You might not care about Microsoft, but you certainly would care if someone broke your bedroom window and claimed they benefited society. Now, you might not be claiming to benefit anyone but yourself by stealing software, but to claim no one is hurt is short-sighted.

      What is this paragraph trying to say? I should be paying for broken windows AND software? If I buy software I deserve to have my windows broken?
      Who is hurt as seen by the long sighted?

      You seem to be running arround in the same dark box as most economists and applying theories based on scarcity to the infinite abundance of bits.
    69. Re:In other news ... by paganizer · · Score: 1

      Being a card carrying gun nut, this made me consider something.
      If we could get a constitutional amendment clearly protecting Anonymous communication, i would look more kindly on gun control laws.
      I think I would first want a amendment that said the government actually has to PAY ATTENTION to the constitution, though.
      I'm not sure if that was off-topic or not.

      --
      Why, yes, I AM a Pagan Libertarian.
    70. Re:In other news ... by timeOday · · Score: 2, Insightful
      Couldn't you say the same thing about guns? Guns are designed to kill. Pistols particularly are made for just that (do you go hunting with your 9mm Beretta?). Sure you could use them for target-practice and such, but that doesn't change the fact that killing is what they are meant to do.
      Yeah, so? In the US we have the right to kill people under certain conditions, and that's how it should be.

      Now, if the only purpose of guns was murder, then you'd have a point.

    71. Re:In other news ... by Knos · · Score: 1

      Putting my captain obvious cap:

      Let's imagine you made a perl script that would send a mail with my song as attachment to every email addresses ever created on the net. By doing so, you reduced the marketable value of my song dramatically, as demand will have certainly dropped quite a bit.

      --
      . . . . . . . .. . . . . . . .
      may u!sh 2 sm!le at dz!z bad nn.!m!tat!ion
    72. Re:In other news ... by ChaosDiscord · · Score: 1
      If shoplifting was as harmless and easy to get away with as trading copyrighted material is, you can sure as hell bet I would get myself some free candy every day...

      Note to self: Don't hire eggstasy for a job in retail sales. Come to think of it, just don't hire eggstasy for anything.

      People are inherently selfish and dishonest.

      I do no envy you the world you live in, eggstasy.

    73. Re:In other news ... by d34thm0nk3y · · Score: 1

      Except for that one line that says all rights not specifically limited remain with the people. There is no law against p2p just as there is no law for it. Therefore the right to p2p remains with the people.

    74. Re:In other news ... by Undefined+Parameter · · Score: 1

      Just to reinforce this, see the movie A (A: Bokura wa ano jiken kara mada nanimo manabete inai), released in 1998. It's an excellent documentary, well-made, interesting, and informative.

      There's one scene in particular I'm thinking of, where a member of the cult is walking down the street, looking very presentable, and is stopped by a police officer. The officer calls in backup, and things get tense... the other members with him are not allowed to go anywhere, being restrained by the other officers. The senior officer won't let the first cult member walk down the street, and is very much trying to provoke him. Keep in mind, none of these cult members have done anything wrong; the cult member does not allow himself to be provoked, and the senior officer eventually throws the first cult member down on the pavement, bashing his head on the cement, and going down, himself, because he trips over his own legs and puts too much momentum over his center of gravity.

      What happens? The officer feigns injury, charges the first cult member with assault, and has him arrested. The poor guy sits in jail for a couple of days (I think), and it almost ends up making it to court (once a case makes it to court, there's almost no chance of not being convicted).

      ~UP

      --
      Eat the Path.
    75. Re:In other news ... by Anonymous Coward · · Score: 0

      No, it makes you more and more a brave American.

    76. Re:In other news ... by lwsimon · · Score: 1

      Ya. Gotta hate that "pesky old Constitution". I mean, it only protects our rights, which THE RIGHT TO BEAR ARMS is one. Pesky. Pfft. I don't care WHAT laws they pass, i can only wait in hope for the day a federal agent tries to come take my guns. I have not only the legal right, but the moral right (in my view) to protect my family. I will do whatever is neccessary to maintain that ability, and that include killing. I am NOT the only one to feel that way either.

      --
      Learn about Photography Basics.
    77. Re:In other news ... by Fear+the+Clam · · Score: 0, Offtopic

      Well, the author was supposed to marry the sheriff's son, but ran out, leaving him at the alter. So the sheriff and his son go chasing the black Trans Am that the author climbed into. Little does the sheriff know, though, but the driver of the black Trans Am is running blocker for an 18-wheeler that's full of coors beer that's being bootlegged from Texas to win an $80,000 bet.

    78. Re:In other news ... by Omestes · · Score: 1

      I really do doubt both of your percentages, using nothing but my common sense, especially the gun figure. I know several people that own more than one gun, and by your reasoning both of them have killed people multiple time with multiple guns, this obviously is not true.

      With p2p I would say it depends completely on what network your participating in. I've been in several p2p enviroments (at work, school, and in my free time) that do not cater in illegal stuff, and then I've been on Kazaa, ye ol' Napster, winMX, etc... It depends.

      Same with guns, if I buy a little 9mm, I have a higher chance of wanting to use it to pop a cap, than if I buy myself a nice 30-30 hunting rifle,which I'm probably going to use to hunt with. I think if they are after pirates they should target what is developed FOR piracy, and not the blanket technology, same with guns.

      --
      A patriot must always be ready to defend his country against his government. -edward abbey
    79. Re:In other news ... by Anonymous Coward · · Score: 0

      What about the time and effort of the people who created that file that you just downloaded. Did they not lose anything ?

      Are you having difficulty reading what I wrote? I already addressed that point. I'll quote it again:

      When you illegally make a copy of something, the copyright holder hasn't used any time, effort or other resources.

      Can you explain to me how a copyright holder would even notice if I copied a CD without permission, let alone be harmed by it?

      Sharing someone elses copyrighted works is wrong.

      Incorrect on two levels. Firstly, you are assuming that copyrighted works cannot be shared legally. There are plenty of copyrighted works that can be shared freely (such as anything under the GPL). So you need to tack a "without permission" modifier onto your statement.

      Secondly, I never said anything about sharing. I said copying. If I won't give money to an RIAA member for music under any circumstances, whether or not I then go on to download music that they hold the copyright to is immaterial. If I then go on to share it with others, I start to harm them by undermining their control over the scarcity of those particular works.

    80. Re:In other news ... by Anonymous Coward · · Score: 0

      You can, but you need to load a different browser to change your tracking ID (I forget what it's called).

    81. Re:In other news ... by Anonymous Coward · · Score: 0

      Huh?

    82. Re:In other news ... by Cybrr · · Score: 1

      You're assuming that of the people you are going to market to, who are foolish enough to open fishy attachments and like the song enough to keep it, the majority will boycott the band for some reason.

      --
      Why did GEAR crush RDP?
    83. Re:In other news ... by Anonymous Coward · · Score: 0

      What I think is funny is that Americans complained when told they shouldn't drive more than 55mph / 90kph. Something which is mostly just obvious to other people in the world.

      Likewise, gas at $1.85 per gallon / 49 cents per litre is supposed to be a terrible hardship, even though it's at most half of what people in other countries pay - ie. those where gas prices and highway maintenance aren't heavily subsidised.

      Winny indeed.

    84. Re:In other news ... by silicon+not+in+the+v · · Score: 1
      I have a brain that works, and when I see a elementary school teacher getting paid $19,500 a year, and an athlete playing a child's game 3 months out of the year for $50 million, not only am I allowed to say "What the fuck?", it would be wrong not to.
      Let's see, how many people can teach elementary school? How many people can perform a sport to the level where they are among the best 1% or less in the country? Pay rate is inversely proportional to the number of people who can do a job.

      You probably have some kind of IT or programming type of job, right? You put time/effort/money into getting the education experience to know how to do that job, right? It was probably more difficult than people who get an Elementary Education degree to teach school. That is why you probably get paid more than the school teacher. There is a friend of mine who is a music teacher and complains about how teachers don't get respect and better pay, etc. That is just dictated by market forces because there are a lot more teachers out there trying to get jobs than architects, surgeons, engineers, etc. who get paid more. ...aaand the reason there are more teachers is that it is easier to get that degree, so people take the easier way, which gives them no right to complain. The other possibility is they really have a passion for what they do, but they should be aware that the job market is that way, so it should be evaluated and accepted if they are going to go down that path.

      I know it seems appropriate to hate the pro athletes because many of them are not mature or responsible with their money and position. The fact remains, though, that neither you nor I could hit that curve ball, or make that 3-pointer with somebody's armpit in your face, or catch that puck coming in at 100+ mph.
      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    85. Re:In other news ... by Caiwyn · · Score: 1
      If you steal a car or candy, you are actually taking something which have been made by the use of several difference resources, which can -never- be remade/reclaimed and those in charge of making the things won't get anything in return.

      How is this any different for digital content (music, movies, whatever)? Work is a resource. Time is a resource. Skill and experience has value, does it not? Speaking as a musician, I can state that these are certainly the primary requirements in the creation of music and other art.

      No one will go home emptyhanded because they didn't get paid.

      That's just flat-out wrong. That's EXACTLY what will happen -- the people involved in the creation of the media WILL go home empty-handed because they didn't get paid in your transaction. You might not have taken anything tangible, but you have certainly enjoyed the fruits of their labor. Don't fool yourself into thinking that your actions have no consequences.

      No one will lose anything on it.

      Also wrong. Those involved in the production of said media lose time, effort, and probably money as well. What's more, the time and effort (and possibly money, as anyone who has had to pay for an education knows) taken to develop the skills required to make said media is an indirect cost that remains unaccounted for in your scenario.

      It's impossible for, lets say MS, to lose money on people copying WinXP opposed to someone making cars or mp3 players. Because, once you have made WinXP, it's there. The cost of making one or one billion copies of WinXP is the same.

      The ability to mass produce a product with lower costs is the justification used to bring the price of that product down to a price lower than the cost to produce it. I'm pretty sure that it cost MS a lot more than $300 to produce that single copy of WinXP, just like it cost Apple a lot more than $500 to design and create an iPod, or a musician a lot more than $18 to produce a finished recording. Were you to take the design and coding costs into account, you would see that MS does indeed lose on the deal.

      The problem is that you are not counting labor and time as resources. They are resources, perhaps the most significant resources at play in our economy, and for you to dismiss them so lightly is irresponsible at best, and at worst, morally and ethically repugnant -- it shows a complete lack of value and respect for the effort and time of others.

      I am not saying that the legal action taken by organizations like the RIAA and MPAA is justified, and I am not saying that there is good enough reason to outlaw the creation and use of peer-to-peer software -- in fact, I advocate the use of peer-to-peer software as a form of civil protest against the music industry's legal war. I also consider it a great tool to try new things before you buy them, provided that after it's downloaded, you pay for anything deemed worthy of keeping.

      But the argument that "no resources are lost" when digital media is copied effortlessly to new hands does not hold water. The attempt to rationalize the circumvention of the consumer's responsibility to pay for goods and services by using the absence of tangible asset loss as a defense is reprehensible. A true music fan understands this, and chooses to pay for what he loves.

    86. Re:In other news ... by iMacGuy · · Score: 1

      You're hoping it will happen? Get that paranoia checked out. (PS obligatory "well regulated militia")

      --
      Why won't slashdot let me change my terrible username :(
    87. Re:In other news ... by Anonymous Coward · · Score: 0

      WTFO!? And to the BSD user reply, complaining about being grouped into the same camp as "gun nuts" because BSD users don't, apparently, lobby.

      I own several weapons of various sorts. I am _NOT_ a hunter. I have harmed no living thing with any of my weapons. My usage of the firearms in question begins and ends with recreational target shooting. I prefer things like old hard drives, computer cases, bottles, cans, and obviously generic bulls-eye targets.

      Why is it that everytime someone mentions "guns" in a good, or even neutral, light people like you and Mr. "BSD user" have to come out of the "woodwork" and hash on them?(i.e. "gun nuts")

      There is a _requirement_ for people who wish to continue to utilize firearms, such as myself, to lobby the government. Much as the RIAA and MPAA lobby to get ever more stringent DRM laws passed to clueless congresspersons such as it is with liberal "guns are evil period" _FUCKHEADS_ (i.e. Michael Moore) lobbying to take such rights away. And you think the politicians are technologically ignorant! These people, will "make shit up" to attempt to get their way. For instance the .50BMG (see FSCA.org) has been high on their removal radar for years. They state that it can take out a tank at 1000yds. Which it can't...not at any range. And these politicians buy it. It's total BS.

      And to those that think Mr. Moore and his "Bowling for Columbine" is worth anything, I encourage you to do a bit of googling to learn about Mr. Moore's "creative editing" practices. Most of everything in that "movie/editorial/documentary" is at best clips taken out of context, and at worst outright slanderous.

      I have extreme disdain for mayonnaise. I hate the stuff. Can't stand it, won't eat it, everything it touches, it taints. Even it's odor is repugnant and putrid. But I don't go around lobbying to get it removed from store shelves. I don't parade around trying to get the government to take away anyone's right to purchase/consume the stuff. Yet people in your camp whose probable sole experience with guns is limited to HOLLYWOOD or liberal media, feel _I_ should not be allowed to use them!

      It's all really quite old by now. Just so you know.

      As my favorite poster from the RIAA/Apple article last week said, "Jesus Fuck!..."

    88. Re:In other news ... by Geoffreyerffoeg · · Score: 1

      There are three reasons guns are still legal. It's protected in the Bill of Rights, and that because if necessary we'd like to be able to defend ourselves; and many people already own guns.

      If P2P gets really popular, it'll not be restricted, just like guns.

    89. Re:In other news ... by argoff · · Score: 1

      I have a brain that works, and when I see a elementary school teacher getting paid $19,500 a year, and an athlete playing a child's game 3 months out of the year for $50 million, not only am I allowed to say "What the fuck?", it would be wrong not to.

      You know, it's sorta of ironic that this very problem is caused by copyright monopolies. Copyrights create a culture where it's more important to dissamate media that can turn heads or get attention than media that has educational or service value in peoples lives.

      Another example is how tabloids can be so inexpensive, but college textbooks cost more to buy than to xerox.

      Copyrights may promote the creation of works, but that does not mean they promote the creation of usefull or quality works.

    90. Re:In other news ... by clambake · · Score: 1

      Let's imagine you made a perl script that would send a mail with my song as attachment to every email addresses ever created on the net. By doing so, you reduced the marketable value of my song dramatically, as demand will have certainly dropped quite a bit.

      Yes, but by the same token, I could reveal to the world that, dispite your sappy Christian lyrics, you are a card carrying Satanist. Again, the demand for your songs will drop dramatically. Does that mean I now owe you money for all the songs that would have been purchased but aren't after I reveal your true nature?

      Fine, there may have been some Nigerian tribesmen sitting on $4.5 million dollars who were willing to give it to me as long and nobody replied. I mean, it COULD happen, right? Great, now you *owe* me $4.5 million bucks.

      Just because I cost you "potential" money, does that mean you have lost "real" money. If you price your songs at $1,000,000 each, and I mail it to all of the six billion people of the world, does that mean you have "lost" $6,000,000,000,000,000? You have "lost" more money than exists in all the world...

      Or does it only count when I send it to someone who WOULD HAVE paid the million dollar price, but doesn't once they get the free version? If that's the case then it's perfectly ok to share music among people who would never have bought the CD anyway... Right?

    91. Re:In other news ... by Anonymous Coward · · Score: 0

      "much like emulators are made for running copyrighted roms."

      Most people I know that run emulators use them for programming games for that platform.

      Now, let me take a guess at what kind of reply I'll get...

      "Yeah, but for everyone one person using it for programming, there are probably like 10000 using it for pirating. Your just an exception!"

      NuclearDog

    92. Re:In other news ... by Minna+Kirai · · Score: 1

      BitTorrent is the often the only way to get Slackware ISOs nowadays...

      Bittorrent is not "most P2P apps". Bittorrent only handles downloading, not searching... while stuff like WinMX, Kazaa, and Gnutella actually spend most of their effort on searching for files.

      If you run Gnutella to get a Linux ISO, your PC will transfer search results looking for copyright infringing files. But with BT, you share only exactly what you're downloading, nothing else.

      (However, people who operate sites like torrentz.com are clearly abetting copyright infringement...)

    93. Re:In other news ... by Boing · · Score: 1

      Relax, buddy. I wasn't making an argument about this guy's particular plight. Instead, I was noting that the guns=filesharing metaphor is not as simple as some would have it be. The underlying concepts are different, and must be treated differently from a legal perspective. That's all.

    94. Re:In other news ... by 10Ghz · · Score: 1

      I'm not from the USA, so I don't care one bit what your Constituion says. My point was that there are many things that could be used for either good (police with firearms) or bad (that raving lunatig robbing a 7-11 using a gun), yet they are not illegal. Your Constitution doesn't protect cars either, and they too can be used for good things and bad things. Why are P2P-utilities an exception here? They can be used for either good or bad, yet some powers-at-be get their panties in the bunch because of them.

      I'm not some anti-gun activist, and I apologize if my post made it seem like that. Hell, I have lived around guns for as long as I can remember. I was around 6 years old when I shot with a pistol for a first time. And I was raised well when it comes to firearms (thanks to my father who served as a gunsmith in the Army).

      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    95. Re:In other news ... by -noefordeg- · · Score: 2, Insightful

      Ok....

      "Work is a resource. Time is a resource."
      They are both relative. So it's very hard to measure work and time and then require to get a fair pay. Also, artist do what they think is fun. I train martial-arts because I think it's fun. Never did I believe I would do it because I would get money. Same for artists. (trying to make money of it is a different story)

      You say:
      "Don't fool yourself into thinking that your actions have no consequences."

      Since you say you are a musician, lets try out a simple experiment. I've got one of your songs here. And now I copied it 40 times. On 10 different computers. To 5 different people.
      How much did you 'lose'?
      Nothing! That's right. Nothing. You don't even know it has happened........

      Don't you see? The problem isn't that we won't have new music or that people will stop writing music. Maybe you will stop writing music, but then I don't think it would be a big loss because if that was the case. It's obviously nothing you think is fun if that was to happen....

      Where does it say that musician should earn tons of cash or actually be required to earn anything on their music. They are artists. Makers of art. I know artists who has a ordinary job to get money and do their art on their spare time. There is no human right that says you are required to get paid to do what -YOU- want. BUT.....
      With that out of the way, lets go over to the important part. The record companies. It's they who start out with a totally wrong image of what group will be buyers. It's they who spend tons of cash on promoting etc. So they are the ones who -NEED- cash and lots of it. And of course, even tho you don't have to make money of your art you sure as hell don't want to see other people making money from your work of art. As I see it here is the problem. Companies getting greedy. Artists seeing that someone is making money but not them and trouble arises.

      Remember: People have money. Money which do not get spent have no value. So people will spend money. Just make something that people want and will pay for. But at least have the balls to let people know what they are getting before trying to sell it to them. If not I'll believe you think that your 'product' suck and therefor are trying to fool us into buying it. Current CDs, DVDs, movies and other digital media won't let us, except if we download it.
      I've stopped going to the movies, because that's one place I have a hard time getting my money back when the 'product' I bought sucked big time. 4 months ago I actually demanded to get my cash back because the movie wasn't even close to what the trailer promised.

      As you said: "Work is a resource. Time is a resource." Well. Those resources aren't worth squat if I don't enjoy your product. Because movies and music I buy for my enjoyment. So if I don't enjoy your product, something is wrong. And it's your product which is at fault. And since enjoyment is relative to we have a big problem.
      Too bad you can't see this.

      I'll still stand by my statement. When MS has made WinXP it's impossible for them to lose money on it by someone copying it.
      This statement is 100% true. No matter how much work went into it or bla bla bla.

    96. Re:In other news ... by Caiwyn · · Score: 1
      They are both relative. So it's very hard to measure work and time and then require to get a fair pay.

      Wrong. Work and time are constant. Any joe who has had to punch a time card knows that it's not hard to measure work or time at all. Millions of employers around the globe manage to compensate people for the work they do, so don't try to skirt the issue by claiming you don't know the value.

      I, like anyone else who works for a living, set a price for my time and labor. If you think that price is unfair, then you don't have to pay it -- but don't try to tell me you still deserve the fruits of my labor just because you think it's overpriced.

      Since you say you are a musician, lets try out a simple experiment. I've got one of your songs here. And now I copied it 40 times. On 10 different computers. To 5 different people. How much did you 'lose'?

      I've apparently lost 5 potential customers. Let's go with the standard iTunes rate of $0.99 per song. I've lost $4.95 in sales. Now, unlike the RIAA, I'm willing to lower that number by $0.99 for every one of those five people who listens to the song, decides he/she doesn't like it, and deletes it. But if even one of those people deems the song worth keeping around to listen to, I've lost money on the deal.

      Nothing! That's right. Nothing. You don't even know it has happened........

      So, what I don't know can't hurt me? I pity the person you marry.

      Don't you see? The problem isn't that we won't have new music or that people will stop writing music. Maybe you will stop writing music, but then I don't think it would be a big loss because if that was the case. It's obviously nothing you think is fun if that was to happen....

      You arrogant, short-sighted little prick. If I stop writing music it will be because I have to spend my time and energy trying to make a living to feed my family, not because I don't think it's fun. Fun doesn't pay the bills. Fun doesn't put a roof over my head. Fun doesn't put food on the table.

      My labor and time are limited resources. I want to spend those resources on the things I love, as does anyone. But your argument gives people free rein to take my time and labor without giving anything in return! How am I supposed to eat? How am I supposed to live?!

      Where does it say that musician should earn tons of cash or actually be required to earn anything on their music. They are artists. Makers of art. I know artists who has a ordinary job to get money and do their art on their spare time. There is no human right that says you are required to get paid to do what -YOU- want.

      This is your response? The equivalent of "Get a real job?" Fine, let's put this into perspective.

      Suppose the public agrees with you, that artists should work only for the love of the art, and don't deserve any monetary compensation since their work can be copied with little effort or cost. Suddenly, every artist becomes a hobbyist, rather than a professional, since there is no longer a market for professional artists and they all need to get "ordinary jobs." There is no reason for artists to study or educate themselves in art because it is a wasted effort. There is no reason for anyone to better themselves and hone their skills because it is a wasted effort.

      If you think that the quality of professional entertainment is bad right now, then maybe you need to take a look at the vast majority of what's available on mp3.com (or rather, garage.com, since they seem to have purchased the mp3.com archives) and tell me if you really think that's better. There might be an occasional gem, but it's a needle hidden in a haystack of crap. That's what you get out of hobbyists. The simple truth still stands: you get what you pay for.

      You are selfish. You have no respect for the work and time of others, and your argument proves it. When you watch a movie or listen to a song that you've downloaded, you try to justify not paying for it in any

    97. Re:In other news ... by Anonymous Coward · · Score: 0

      It's a start.

    98. Re:In other news ... by Anonymous Coward · · Score: 0

      Interesting post. Hope I see the -1 perp in metamod.

    99. Re:In other news ... by Anonymous Coward · · Score: 0

      Or you could just delete the cookie (which is what it's called). Or, log

    100. Re:In other news ... by -noefordeg- · · Score: 1

      You are not an artist. You are just someone trying to make a living. Every word you utter proves it.

      "When you watch a movie or listen to a song that you've downloaded, you try to justify not paying for it in any way you can: You tell yourself that it isn't worth the price, or that the artist needs only the enjoyment of making art, or that the real value lies in the cost of reproduction, which is zero."

      You haven't understood anything?
      If I go to watch a movie or buy a CD I want to enjoy it. It's so simple.
      Whatever you say and whatever personal insults you 'hit me with' it all comes down to that.
      Problem is that I often go and see a movie and it plain sucks. Take the lates StarWars movies. I don't enjoy it, I hate it. I hate it for having wasted MONEY it, I hate it for wasting TIME on it.
      And then along comes someone like you and say I'm arrogant and that this was some work of art and that I should have enjoyed it? How clueless can you be?
      You are not an artist, you are someone who don't believe in your own work, you are someone who want to trick, fool, lure and push your product on people.

      I downloaded every lord of the rings movie. I also bought the two first extended editions of the LotR. LotR was and is probably the most downloaded movie of all times. By your totally unreal believes and opinions Peter Jackson and his movie company should have lost billions of USD. Did they?! No!!! Because they made a GOOD PRODUCT which can actually stand the trial of being tested before you buy it.

      Make a good product and people will buy it. Don't fool yourself like you are doing now. :)

    101. Re:In other news ... by Anonymous Coward · · Score: 0

      No, it's not just a cookie... there's some kind of MD5 hash of your browser ident and IP address going on. I've had it persist across browser sessions, and my browser deletes cookies on every exit.

    102. Re:In other news ... by Anonymous Coward · · Score: 0

      Kyoto Police has a highly specialized high tech crime dept, which handles almost every high profile computer-related crimes in Japan.

    103. Re:In other news ... by Caiwyn · · Score: 1
      You are not an artist. You are just someone trying to make a living. Every word you utter proves it.

      You are not a consumer rights advocate. You are just someone trying to get out of paying for what you want. Every word you utter proves it.

      Seriously, you're implying that "artist" and "someone trying to make a living" are mutually exclusive. What makes an artist any different from a programmer, or an architect, or even a bricklayer -- any one of those people could love their profession every bit as much as an artist. Why do you continue to argue that a musician doesn't have to be paid, since he makes music as a labor of love? By that logic, why should ANYONE who loves his job be paid?

      You haven't understood anything?
      If I go to watch a movie or buy a CD I want to enjoy it. It's so simple.

      I do understand. I fully understand the concept of wanting to know the quality of your purchase before you actually spend the money. I have mentioned twice now in this thread that file-sharing is a great tool for this.

      But that's not what you've been arguing, so don't try to twist your argument into some defense of consumer rights, and don't put words in my mouth. You've been arguing that artists lose nothing when you copy digital media, regardless of whether or not you keep what you like. And I am telling you that you are wrong. A lot more than $18 worth of time, money, and effort goes into the production of a CD, and at least some part of that time, money, and effort is wasted when you copy the CD without buying it. A lot more than $300 went into the production of Windows XP, and your assertion that nothing is lost when it is copied is fallacious at best. You can call me foolish or arrogant, but you have utterly failed to back up your argument.

      I am not saying you have to buy things you don't like. I am saying that you have a moral obligation to pay for the things you download that you DO like, as well as an obligation to delete that which you deem not worth paying for.

      The Lord of the Rings would not have made as much money as it did had so many of those people who downloaded it chosen to go ahead and pay for the DVDs, or for tickets to the theater showings. You legitimized your claim to downloading the movies by purchasing the DVDs. That's good. But would you have done the same were you able to download a perfect lossless copy of the DVD?

    104. Re:In other news ... by Anonymous Coward · · Score: 0

      Sorry, +1 Informative moderator for m2'ing unfair. That's pure "insightful", "informative" just doesn't apply here.

    105. Re:In other news ... by Rogerborg · · Score: 1

      Apologies for assuming that you were a USian. I'm not one either, and no insult was intended.

      --
      If you were blocking sigs, you wouldn't have to read this.
    106. Re:In other news ... by Rogerborg · · Score: 1

      I look forward to seeing you on "Best Police Shootouts Ever #7".

      I notice that my USian brothers and sisters have a great tendency to talk about sticking together (i.e. dying together) when the Man inevitably comes for their guns. Can you cite any instances where this has actually happened?

      What makes you think that you'll be the first case?

      --
      If you were blocking sigs, you wouldn't have to read this.
  9. Abating what exactly? by Anubis333 · · Score: 5, Insightful

    I don't understand, does this mean that if I develop a really great and cheap duffelbag that I can be arrested if it's used by a bank robber?

    Why not sue the computer manufacturers for abatement as well? There are any great uses for P2P, it is a great way to distribute music and video you have created, and I have distributed many animated shorts I have worked on via bit torrent etc...

    How long will it be before someone sues the makers of a web browser, FTP, or IRC app for 'copyright abatement'?

    1. Re:Abating what exactly? by Anonymous Coward · · Score: 2, Interesting
      ... does this mean that if I develop a really great and cheap duffelbag that I can be arrested if it's used by a bank robber?
      In Japan, yes you could, if you had special features particularly targetting bank robbers (say, a dye-pack resistant lining to prevent exploding dye packs from getting on the robbers' clothes) and had reasonable knowledge that your duffelbags were being used for illegal purposes.

      When you read the English translation of the original Japanese article, a particular bit will jump out at you (human translated here):

      The kitchen knife, which is for cutting vegetables, can also be used to injure a person. The person who kills and wounds is the one accused of the crime, but in Japan, posession or production of items is prohibited when it is known they will be used for illegal purposes.

    2. Re:Abating what exactly? by lightspawn · · Score: 1

      According to m-w.com:

      Abate:

      1 a : to put an end to b : NULLIFY
      2 a : to reduce in degree or intensity : MODERATE b : to reduce in value or amount : make less especially by way of relief
      3 : DEDUCT, OMIT
      4 a : to beat down or cut away so as to leave a figure in relief b obsolete : BLUNT
      5 : DEPRIVE

      abet:

      1 : to actively second and encourage (as an activity or plan) : FORWARD
      2 : to assist or support in the achievement of a purpose

      The two words are almost opposites.

      (I know I shouldn't be knit-peeking)

    3. Re:Abating what exactly? by gnu-generation-one · · Score: 1, Funny

      "but in Japan, posession or production of items is prohibited when it is known they will be used for illegal purposes."

      So why not apply the same principles to Microsoft Windows, which is designed to enable the spread of illegal viruses?

  10. Winny by Inigo+Soto · · Score: 5, Informative

    From pario (675744) in a previous article:

    [quote]
    Since Winny is pretty much unknown outside Japan, here is some background information for slashdot readers: Winny is a P2P file sharing program created by a Japanese programmer, who still remains anonymous to this day. It came out two years ago as an attempt to share copyright-protected materials "safely" when somebody was arrested for using another P2P program (WinMX). Since the application was extremely well designed and almost anything is available on its network, from movies to software, it has become immensely popular in Japan, so much so that there are a dozen book available on how to use it and network traffic in the country was down 20% after the news of the arrest broke. As for the reasons why the police was able to identify those two people who were arrested, they used an extra bulletin board feature, which does not guarantee anonymity unlike its file transfer feature, to distribute a list of warez videos. Therefore, I don't think this news has anything to do with the validity of Freenet's technology, or with that of Winny's for that matter.
    [/quote]

    1. Re:Winny by Anonymous Coward · · Score: 0

      Karma whore.

    2. Re:Winny by LiquidCoooled · · Score: 1

      he might be a karma whore, but without him I wouldn't have read the very enlightening comment.

      He deserves the karma and being helpful should be applauded not bitched at.

      Thanks Inigo/pario :)

      --
      liqbase :: faster than paper
  11. What has he done again? by ducklord · · Score: 4, Insightful

    Well, maybe I didn`t quite get it right, but in what way exactly is what he`s done illegal? Or is it just because he made it difficult for them to crack the network he`d created that they wanted even more to "crack him", as an example? Believe you me, maybe that will be the start of a new row of attacks from RIAA and MPAA towards program creators.

    1. Re:What has he done again? by pla · · Score: 1

      Well, maybe I didn`t quite get it right, but in what way exactly is what he`s done illegal?

      Perhaps nothing, perhaps violated Japanese law. Tough to tell, since police everywhere (ie, not confined to the US) pretty much have no regard whatsoever for actual law, and can always find something with which to charge those who annoy them.

      As a better quesiton, which no Slashdotters (or more relevantly, GrokLaw crossovers) have commented on... Does he actually stand a chance of incurring some punishment (beyond "mere" harassment), under Japanese law? And if so, would this result in something like a few hours of community service and a year of probation, or would he do hard time with a bunkie nicknamed Bubba?

      I honestly don't know Japanese law well enough to say, but would really like to know.

    2. Re:What has he done again? by Anonymous Coward · · Score: 0

      ACCS is the same right organization as RIAA and MPAA.

  12. See Also by Anonymous Coward · · Score: 4, Informative
  13. Hmm... by arpy · · Score: 0

    "Die Winny!"
    (for the ignorant)

  14. Nice job, Slashdot! by alexmogil · · Score: 1
    Well, maybe if the story directly preceeding this one didn't refer to 2ch, the guy might be free today!

    Everthinkathat?

    --
    A winner is you!
    1. Re:Nice job, Slashdot! by Everthinkathat · · Score: 1

      Yes, I think you've got a point there.

  15. Controversial by watanuki · · Score: 5, Insightful

    His arrest is controversial since there was no mention that he participated in sharing files, only for writing (and updating -- an argument used by the police that his act was deliberate) the software that enabled file-sharing.

    1. Re:Controversial by watanuki · · Score: 5, Insightful

      Also it is reported that there are magazines and books that teach people how to use file-sharing software. It can probably be argued that if creating the software is guilty, teaching people how to use it is guilty also.

    2. Re:Controversial by Orgazmus · · Score: 0

      If we extend this a bit, selling legal goods is now illegal, since the method is the same when selling guns and drugs

      --
      The system had the verbosity of HTML combined with all the readability of compiled assembly viewed as bitmap images
    3. Re:Controversial by Anonymous Coward · · Score: 0

      If we extend this a bit, selling legal goods is now illegal, since the method is the same when selling guns and drugs

      Na, I usually get a recept at kmart..

    4. Re:Controversial by Sithgunner · · Score: 1

      You must look at some of the points the author has mentioned to the police, which I read from the many Japanese news articles online.

      He actually said, there are no companies that make good use of P2P technology at the moment, and he thought in order to enforce changes to the copyright law and make new business models, more and more pirated and copyrighted materials must be made available to the public in a chaos...

      And he was sort of being ready to be arrested as that was his intention.

      Would you still be on his side?

      I never knew he was thinking in that way while he was develpoing Winny anonymously.

      But being a hero or a bad guy is a matter of result and not procedure, if someone comes up with a great copyright law that handles current P2P well or some excellent business model as he did this, he'll just be a hero though, which is unlikely.

    5. Re:Controversial by Anonymous Coward · · Score: 0
      I don't think many Japanese news mentioned this, but he did try to make positive contributions to the 'fair copyright-materials dissemination' problem in addition to his writing Winny (which the police was trying to paint in a negative light).

      On the same web site that he distributed Winny he proposed his thoughts on 'digital securities' (securities as in stocks/investment) as a way to fairly compensate the copyright owners. I do not think he proposed a complete solution but he did bring awareness to the issue to Winny users. Too bad that was taken down also the same time his house was searched earlier.

      So he's not just saying, 'the current situation is bad, so screw it!' but 'let's think about how to improve the situation'.

      "being ready to be arrested" is probably true after he got investigated earlier. Both that was probably not his intention as his did try hard to be anonymous.

    6. Re:Controversial by Undefined+Parameter · · Score: 1

      Let's extend this argument a step further, and risk a fallacy.

      There are books out there that teach people to code. These people, with that knowledge, can then code a harmful program--a virus, for example. IF the virus does damage, should the authors be held accountable for presenting text which was used to create damage?

      The book was a tool with multiple uses, just as a peer-to-peer program is. The fact that it can be used to create ("hidden" monetary) damage is irrelevant; that so many people do so through sharing/transferring/hosting copywritten files is an indication of a tendency of human behavior, as this behavior is "universal." That is to say, it extends past cultural borders.

      And the rest, I think, should be left to competant sociologists, psychologists, and men and women of the law... in addition to "the masses."

      ~UP

      --
      Eat the Path.
  16. Army Papers? by Trailwalker · · Score: 2, Informative
    The Mainichi Shimbun daily has said some 200 categories of confidential information, such as internal army documents and wages for postal workers, have been circulated among Winny file sharers.
    I suspect that the police are not all that worried about music and video files. The circulation of military and government info would get him in trouble almost anywhere.
    1. Re:Army Papers? by ducklord · · Score: 2, Insightful

      Well, the argument is the same: he didn`t distribute them, he created the means of distributing them - and that isn`t, exactly, illegal. It`s, like other people allready said, like suing a knife maker because a blade of his was used in a murder.

  17. Who invented FTP? by trezor · · Score: 4, Insightful

    He should be arrested as well. I mean c'mon! Who haven't had a private FTP-account long before the P2P-concept were even thought of? Or Gopher? I am sure some copyrighted literature has been made availble by gopher!

    If creating technology that allows material to be pirated is a crime, I suggest all manufaturers of CD-R(W)s, DVD+-R(W) with associated burnes, harddisks, floppys, floppydrives, tapes, tapeplayers, dats, lossy as well as non-lossy data-compression technologies, not to mention microphones and every single net-capable electronic device be arrested pronto.

    After all they're facilitating copyright infringement. Even digitally one might add for most of them!

    /think's more and more these days that law-enforcements agencies are wankers.

    --
    Not Buzzword 2.0 compliant. Please speak english.
    1. Re:Who invented FTP? by MooCows · · Score: 5, Informative

      Actually here in the Netherlands, if you buy a recordable medium (CD-R for example) you pay extra for it.
      It's called (rough translation) the "home copying foundation".
      It requires every recordable medium to have a special kind of 'tax' which is divided among copyright holders.

      This might sound bad.
      However, this also makes it legal to copy anything as long as you don't give/sell the copies to others. (so for now, no DMCA here. hurrah)

      --
      The path I walk alone is endlessly long.
      30 minutes by bike, 15 by bus.
    2. Re:Who invented FTP? by Troed · · Score: 2, Interesting

      We have the same thing in Sweden - and that tax will INCREASE when we get the European DMCA (EUCD) equivalent next January.

    3. Re:Who invented FTP? by trezor · · Score: 3, Insightful

      That sounds to me like the European RIA get's a free lunch, another free lunch and to deny everyone else the lunch they've allready paid for.

      Is there btw any possible way I can cease to be an individual and become a corporation? Seems benefitial these days...

      --
      Not Buzzword 2.0 compliant. Please speak english.
    4. Re:Who invented FTP? by Anonymous Coward · · Score: 0

      Hmm but what about 200GB harddrives? They hold far more potential illegal warez and are probably far more used to actually get them spread as opposed to CDs which are more used for the personal archiving.

      Does your government tax all computer storage media?

    5. Re:Who invented FTP? by yuri+benjamin · · Score: 1

      Since the only thing I record onto CD-Rs is personal data and downloaded free (beer & speech) OSS, that would suck for me. Having to pay the music industry for something that has nothing to do with them.

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
    6. Re:Who invented FTP? by arose · · Score: 1

      Sell your soul.

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    7. Re:Who invented FTP? by Trinition · · Score: 1

      I would agree with other posters that P2P software does not have a large quantity of on-infringing uses. FTP does. FTP is used all the time for legitimate distrbution by companies and indidivudals. Even BitTorrent (somewhat P2P-ish) is used quite a bit for the legitimate distribution of files. But when is the last time you've gone to some corporate website and seen a link to "download our newest software trial from P2P now!"? For me, it was Shareaza, but that's sort of a self-fullfilling prophecy.

    8. Re:Who invented FTP? by johnjaydk · · Score: 1
      In Denmark we've now gone for a compromise between the US (ie. copying bad) and tax on recordable media. Something is really rotten in the state of Denmark.

      Until about a year ago it was the same deal as in the Netherlands. And there is RIAA hit squad on a legal rampage against p2p. Nice.

      --
      TCAP-Abort
    9. Re:Who invented FTP? by trezor · · Score: 3, Insightful

      Denying what's actually the truth really gets you nowhere, and yes most P2P-nets are currently used almost exclusivly for warez.

      With the exception being BitTorrent. And I can tell you why that is. BitTorrent can be integrated into your webbrowser so that it's almost like downloading and ordinary file via FTP/HTTP. This makes it hell more likely you get what you ask for and gets what you've been told. And it even makes sense. Want something from Blizzard? Go to blizzard.com.

      Going on a random P2P-net, requirering you to specificly start a P2P-app and then searching for stuff, filtering the trash, makes it less usefull for legeitemate purposes.

      For legitemate P2P-uses to catch on, they'll need browser-integration. That'll actually make things so easy your average "stupid" Joe won't even notice he's using P2P. That's why commercial vendors who have chosen to use P2P have chosen BitTorrent.

      At least that's my guess and my opinion.

      --
      Not Buzzword 2.0 compliant. Please speak english.
    10. Re:Who invented FTP? by dcw3 · · Score: 1

      So who exactly gets this money? If I own a copyright of any sort, can I apply to collect some of it? © 2004 dcw3

      --
      Just another day in Paradise
    11. Re:Who invented FTP? by Anonymous Coward · · Score: 1, Insightful

      However, this also makes it legal to copy anything as long as you don't give/sell the copies to others.

      Heh... so the proponents of Netherland's CD tax made up a story that the tax would make citizens immune from prosecution under the articles of the Berne Convention? That's a good one. Of course, paying some scammer in the Netherlands a "CD tax" will not stop you from being sued by a copyright holder in another country for copyright infringement if the copyright holder could get their hands on you. Regardless of what the politicians said, the tax does NOT make it legal to download Britney Sphere's latest.

      If the Council of Europe's "Convention on Cybercrime" treaty goes through, they might have a means to. Looks like the Netherlands signed on Nov 23, 2001 but, like the U.S., hasn't ratified it yet.

    12. Re:Who invented FTP? by wilper · · Score: 1

      Most, if not all, the devices you mentioned above use electricity for their operation. If it were not for the malicious producers of electricity we would not have any of the problems with copyright infringements.

      I think it is time that the electricity producers of the world take their responisbility and stop aiding the pirates!

    13. Re:Who invented FTP? by 42forty-two42 · · Score: 1
      It requires every recordable medium to have a special kind of 'tax' which is divided among copyright holders.

      I hold some copyrights. Can I have some free money, too?
    14. Re:Who invented FTP? by Threni · · Score: 1

      In the UK there is the Performing Rights Society (no idea if they have a webpage), who's job it is to collect money from such events as music playing in pubs(bars) etc and passing it on to musicians.

    15. Re:Who invented FTP? by Anonymous Coward · · Score: 0

      Actually here in the Netherlands, if you buy a recordable medium (CD-R for example) you pay extra for it.

      We have that in the United States too. It's called price gouging, and it's used by would be perpetual owners of material protected by the obscene copyright protections enacted by our nitwits in congress to fund legal prosecution of everyday Americans.

    16. Re:Who invented FTP? by Thomas+Shaddack · · Score: 1

      Too late. The tax man already took it.

    17. Re:Who invented FTP? by Anonymous Coward · · Score: 0

      Yes, we have that same ludicrous 'tax' here in Canada as well. The problem with that is, I have purchased thousands of CD's, as I use them in automated backups. I have never burned a downloaded CD other than the Linux OS and previews.

      Yet I am assumed to have this intent in mind. So I have paid heavily for the governments assumption of my guilt. This is not democracy, it's highway robbery.

    18. Re:Who invented FTP? by Anonymous Coward · · Score: 0

      "All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster."

    19. Re:Who invented FTP? by MooCows · · Score: 1

      No, you're right.
      But this does make it legal to:

      1. Borrow a CD from a friend.
      2. Copy the CD.
      3. Give the original CD back to your friend.
      (or of course, copy a CD you bought, which is really just fair use)

      Weird as it may sound, it's true.
      As long as you don't give/sell the copies to someone (like sending them over the net) you're free to do whatever you want.

      Note that I am not a proponent of this system, I would prefer 'normal' copyright laws in combination with unrestricted (no DMCA) fair use laws.

      --
      The path I walk alone is endlessly long.
      30 minutes by bike, 15 by bus.
    20. Re:Who invented FTP? by RoadWarriorX · · Score: 1
      Denying what's actually the truth really gets you nowhere, and yes most P2P-nets are currently used almost exclusivly for warez.
      ...
      With the exception being BitTorrent.
      ...
      Going on a random P2P-net, requirering you to specificly start a P2P-app and then searching for stuff, filtering the trash, makes it less usefull for legeitemate purposes.


      From your logic, I guess sites like this is ok. The difference is that I search first, filter, then I go on a "P2P" net. So that makes the whole site more legit, right?

      --
      rWx


      This space is for rent.
    21. Re:Who invented FTP? by Anonymous Coward · · Score: 0

      Don't get too freaked out - a lot of retailers have managed to elude the levy via an apparent "data centre" designation. So far it's just the music industry collecting, and places like Office Depot and Compusmart don't pay the levy (so neither do you). Stores like London Drugs (and maybe Future Shop) do, presumably because they also sell music CDs. I think this is the real reason for London Drugs's cost-upfront campaign against the levy.

      I buy lots of CD-Rs, and never burn music to them (why? I only listen to it from my computer, or occasionally a friend's iPod). I think the levy stinks, but it turns out I haven't actually paid it yet - which was news to me because I assumed the cost was being embedded. Not so, and most places that pay it will loudly inform you of the additional charge. I do expect this discrepancy to be "corrected", though (and it's admittedly unfair to retailers like London Drugs).

      It's not actually the government, btw, it's the CPCC.

      Are CD-Rs really a cost-effective means for backups? I like DLT, myself. Are you able to recycle the old CDs, or do you just retain them indefinitely?

    22. Re:Who invented FTP? by Anonymous Coward · · Score: 0

      In The Netherlands, where I'm from, there is an organisation called BUMA/STEMRA that you have to join for a couple of hundred euros a year. Then you can register things you made like songs and collect some money if reported that your song is played in a bar or on the radio, etc.

      Of course, they keep a big share of the money and for the beginning artist it's not really affordable to do this since then they get very little back from this apart from "copyright security" (that you legally already have, but cannot enforce any other easy way).

      My friend a musician feels they are ripping him off but he has no choice, really. It's kind of the embassy of the recording industry, they all seem to like to work together..

    23. Re:Who invented FTP? by qtothemax · · Score: 1

      Here in Ohio, I know you can incorporate a company with you as the sole shareholder. Interestingly enough, the law requires you to have an annual meeting with yourself, and to have minutes recorded. People actually do this to get the limited liability incorporation gives.

    24. Re:Who invented FTP? by trezor · · Score: 1
      • From your logic, I guess sites like this is ok. The difference is that I search first, filter, then I go on a "P2P" net. So that makes the whole site more legit, right?

      No. But I guess you didn't bother to read my post with your contacts on either. What I said was that BitTorrent was more suited for legitemate transfers, since the initiation of the download and the seed could be directly tied to a specific website or company.

      Thus making the P2P-transfer as trusted as we care to trust the website we are visiting. We can actually trust that what we are downloading is orriginating from the specific website, and that the file is not a hoax. Not to mention that the download is directly tied into the whole web-thingy-experience.

      That, to me at least, makes it rather different from other P2P-applications in my eyes.

      But that it is more suited for legit use, does not in any way exclude illegal use. Or do you think I'm retarded enough to make such a stupid claim?

      I feel compelled to ask, because of the attitude in your post:
      Exactly where in my post did you read that I said warez-sites was legitemate?

      --
      Not Buzzword 2.0 compliant. Please speak english.
  18. And we see by achurch · · Score: 3, Interesting
    that the Japanese government is as much under the thumbs of Japanese content companies as the US government is a tool of the RIAA/MPAA.

    No, I'm not bitter about this coming up after having decided to move to Japan. sigh...

    (Well, to be fair, Japan's copyright law does have a clause allowing personal copies, which is recognized as valid by pretty much everybody, and which even the local press is mentioning in their articles on this, like this one. But they also have a DMCA-like clause that pretty much negates its effect for encrypted stuff.)

    1. Re:And we see by Anonymous Coward · · Score: 0

      This isn't exactly a startling revelation. IIRC, you can't even resell used video games in Japan.

    2. Re:And we see by achurch · · Score: 1

      IIRC, you can't even resell used video games in Japan.

      There was a lower-court decision like this at one point, but IIRC it was overruled on appeal. Used game stores are all over the place.

  19. English Translation by Anonymous Coward · · Score: 5, Funny
    Here is a machine translation of the original article. (Yes, it does read a lot like an instruction manual for a consumer eletronics device.)

    Winny developer to arrest the Kyoto headquarters of police, 30 generation Tokyo University assistant domestic beginnings

    Assuming that file sharing software "Winny" of the personal computer which exchanges the data of the popularity movie and hit tune etc. () by the fact that it develops, the illegal copy of the movie and music was made easy the Kyoto headquarters of police high-tech crime measure room and five provision stations, in doubt of the Copyright Act violation one help, requested option accompanying from Tokyo large assistant of 30 generations of the Tokyo residence even in 10th morning, set the policy of arresting. As for , being free on Internet, the program software which is open. As for questioning the software developer to "the one help" of the Copyright Act violation the domestic beginning. Stand case in the criminal incident of the joint ownership software developer almost there is no example even in the foreign country.

    When the infringement of copyright which worldwide used the file sharing software has swaggered although you feel concern the administration of justice judgement even internationally for the illegal characteristic of the file sharing software has divided, it may call discussion centering on propriety.

    That the file sharing software where with investigation of prefecture police/policing, as for Tokyo University assistant, anonymous characteristic is higher than past, is difficult to be exposed by the police opening will be sent plan. The major bulletin board of Internet with "2 don't you think? as development program is announced the ", 2002 May, it released the software of to itself home page. Using , as for Tokyo University assistant with no permission, the doubt which makes exchanging the data which infringes the copyright of the movie and the game etc. easy has in the literary work authority e.g., the salesman of Gunma prefecture (41) the inside = and others of the trial releases the data of the popularity movie to the many and unspecified persons person illegal with crime of = Copyright Act violation.

    In addition, as for prefecture police/policing the policy of starting the forcing investigation of several places such as Tokyo University graduate school information science and engineering type postgraduate course even on the 10th.

    Tokyo University assistant is special information processing engineering. It is called "47 people" with the net bulletin board, "the file sharing software which gradually can actualize anonymous characteristic appears and does not change the concept regarding present copyright the expectation which is stopped obtaining. It probably is about to try boosting the flow by your?", and so on with, development intention of had been explained.

    * Infringement of copyright, the judgement which cracks internationally

    The kitchen knife also and, can also be able cut the vegetable damage the person. Those where you accuse of a crime to the person are just the execution doer who kills and wounds. The handgun the person other than killing and wounding, in Japan the possession and production is prohibited with purpose. The Kyoto headquarters of police this time, the developer of the communication software, as for with "one help" of the Copyright Act violation it finishes stepping on in stand case, in the same software net society, it is equal to the development "of the handgun", that you probably can say that it judged.

    As for , as for the data which is exchanged the necessity for the user to register to the provider without, it is entirely encoded. As for the prefecture police/policing high-tech investigation room, Tokyo large assistant who was developed the major bulletin board of Internet to "2 don't you think? from the speech

    1. Re:English Translation by sparkywonderchicken · · Score: 0

      That WAS written by Mojo Jojo wasn't it?

  20. Oh man, I feel bad for this guy. by Anonymous Coward · · Score: 5, Interesting

    This guy is screwed! Japan has a conviction rate of over 90%. Why? I dunno, check this: (http://econwpa.wustl.edu/eprints/le/papers/9907/9 907001.abs)

    1. Re:Oh man, I feel bad for this guy. by ColaMan · · Score: 1

      Perhaps the Japanese legal system is more thorough when determining when, or how a crime has been committed , rather than the "Kill em all and let god (or a jury) sort 'em out" approach seen in other countries.

      --

      You are in a twisty maze of processor lines, all alike.
      There is a lot of hype here.
    2. Re:Oh man, I feel bad for this guy. by Anonymous Coward · · Score: 0

      No, it's a bureaucratic mess complete with incompetent lawyers.

    3. Re:Oh man, I feel bad for this guy. by Galvatron · · Score: 1

      Very interesting, thank you. I had heard that Japan has a conviction rate around 99%, but never seen an explanation for why (for those too lazy to read the link, probably because prosecutors are underfunded, and so only go after the low hanging fruit). One thing that was implied that I just want to clear up: do judges issue verdicts in Japan? Is there no jury system?

      --
      "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
    4. Re:Oh man, I feel bad for this guy. by mangastudent · · Score: 2, Informative
      [...] I had heard that Japan has a conviction rate around 99%, but never seen an explanation for why (for those too lazy to read the link, probably because prosecutors are underfunded, and so only go after the low hanging fruit). One thing that was implied that I just want to clear up: do judges issue verdicts in Japan? Is there no jury system?

      Bingo; judges issue verdicts, and judges who don't convict don't get promoted. (Less reliably I've heard that usually the major objective of defense lawyers is to avoid upsetting the judges....)

      But judges don't see most cases; the coerced "confession" rate is (from memory) over 80%, the total combined confession/conviction rate is 99+%. Bascially, if you aren't powerful, you're totally at the mercy of the police; if they decide to charge you that's almost always "it".

      (As a side note, this uniquely polite police state also has the usual corruptions: the police are lazy (e.g. they didn't seriously investigate the early nerve gas test by the cult, they don't need to be careful about finding the right perp since it doesn't affect their case closure rate, etc. etc.), and they don't have very much power, so the powerful are usually off limits, including the yakuza (organized crime, which cut a deal with the LDP in the '50s to keep the unions in line and Communist free (the latter was important back then)...).

    5. Re:Oh man, I feel bad for this guy. by BenBenBen · · Score: 1

      The "98% of Japanese crimes are solved" statistic that so many are quoting without quite remembering where they heard it from, they have probably heard from Sean Connery in Rising Sun. It is broadly accurate.

      --
      The Slashdot Paradox: "100% Overrated"
    6. Re:Oh man, I feel bad for this guy. by Sangui5 · · Score: 5, Insightful

      The high conviction rate comes primarily from the way job performance and opportunities for advancement happen in the Japanese law enforcement/legal system.

      At the level of the individual officer, your job performance is how many "good" arrests you make (those that lead to convictions), and how many "bad" arrests you make (those that do not lead to a conviction). Making a bad arrest is essentially a career-killer. So, they are very careful to only arrest those against whom they have a watertight case. Somewhat more negatively, anyone with enough political influence that they *might* be able to get off won't be arrested at all. Organized crime figures are essentially immune to investigation from lower-level law enforcement--they can't get a conviction, so they don't even bother. Most negatively is what happens when a truly innocent party is arrested. There is intense pressure to build a case regardless of actual guilt or innocence. What percentage of innocent suspects are railroaded by the police is unknown, although probably not too high.

      At the next level is the prosecution. Again, convictions are good, and failed attempts at prosecution==dead career. Additionally, as the parent post notes, there is a limited budget to bring about a prosecution. So, the prosecution ends up cherry-picking cases. Compounding the success rate is that (as elsewhere in the world) the police generally won't arrest anyone with the prosecuting attorney's OK. Again, this has the negative effect that "hard" cases aren't even considered, and there is the occasional attempt to railroad an innocent suspect.

      At the last level is the judiciary. At this point, potential cases have been through two very stringent filters. The trial is almost unnecessary at this point, but judges do occassionally acquit. As the parent post notes, judges who acquit end up with worse careers. The analysis says this isn't based on acquitting the innocent, but to acquitting on "reasons of statutory or constitutional interpretation, often in politically charged cases." However, it seems that nearly any case with an acquittal is "polically charged" since the prosecution will use politics to their advantage in a weaker case.

      Overall, the Japanese criminal legal system has some serious problems. Most of the problems come from the inability or lack of desire to attempt any "hard" or "weak" cases, but some comes from aggressively pushing a case which shouldn't have been brought in the first place. On the other hand, it mosly works. Overall crime and incarceration rates are low, and success is the hardes metric against which to argue. Still doesn't mean that the Winny author has a snowballs chance of getting off.

  21. its winny, but its still a bad name (n\t) by Anonymous Coward · · Score: 0

    its winny, but its still a bad name (n\t)

  22. Coincidence? by SushiFugu · · Score: 2, Interesting

    Slashdot posts story about 2ch. Next story is about 2ch user "47" being arrested. Coincidence? I THINK NOT! :)

    1. Re:Coincidence? by Ragica · · Score: 1

      Uh, and why are you smiling, exactly??

    2. Re:Coincidence? by SushiFugu · · Score: 1

      It was an attempt to make people realize I was speaking in a joking manner, to avoid them thinking that I really thought there was a link between the previous story being posted and the person in question being arrested, as outlandish as that idea is. However, it obviously failed.

      Next time I need to include a </joke> tag or something.

  23. He should move to a free country by iamacat · · Score: 4, Insightful

    Maybe not US anymore, but some place where writting multi-purpose software that protects privacy is not a crime. Japan's loss, that country's win. I just hope he doesn't have to spend long time in jail first.

    1. Re:He should move to a free country by BiggerIsBetter · · Score: 4, Insightful

      Funny isn't it? The so-called 3rd world will probably be the next safe-haven for software development. Seems like all the "developed" countries are bending over for the companies and for international trade deals that require the same.

      /yes, my country is doing that too - and very quietly, all while touting an IT industry windfall Real Soon Now...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    2. Re:He should move to a free country by Anonymous Coward · · Score: 0

      This will not be the case. The 1st world countries have enough muscle to force 3rd world countries to toe whatever line the like. If this were not the case, Africa would have had anti-HIV drugs far sooner.

    3. Re:He should move to a free country by Anonymous Coward · · Score: 0

      before he leaves the country, Japanese gov may take his passport away for whatever reasons that sound good for authorities. he's blacklisted for life.

  24. Was there intent? by Anonymous Coward · · Score: 4, Interesting

    Was this software built soley and intentionally for sharing copyrighted works? If not, this is a frightening story. I've written software that would now be called "P2P". Then, nine years ago, it was called a distributed system (as opposed to client/server). The problem is, it could easily be used for sharing copyrighted works, although back then that use didn't occur to anyone.

    So, does intent matter any more and how does it apply to this case - or can we expect anyone involved in (for example) the design of TCP/IP to be hauled into jail? It's the logical next step.

  25. achurch? by Anonymous Coward · · Score: 0

    Didn't know you're a slashdot user. I used some of your work on PS2Linux. Nice to see you here!

  26. The Slashdot Japan's story by Snowy_loves_you · · Score: 2, Informative

    The story of this arrest was posted in Slashdot Japan. And there are a lot of comments.

    Notice: The article and comments are only in Japanese.

    --

    ----------
    Slashdot Japan
    http://slashdot.jp/
    snowy
    http://slashdot.jp/~snowy/

    1. Re:The Slashdot Japan's story by lasmith05 · · Score: 1

      Doomo Arigatoo! I didn't know slashdot had a Nihongo version. Too bad I can only read at a 3 year old japanese kids' level.

      --
      www.samuraidreams.com - My Blog
      www.samuraifiles.com - Get Some Videos Here
    2. Re:The Slashdot Japan's story by Anonymous Coward · · Score: 0

      Don't worry! You've got 'samurai' in your URL and can use basic Romanji! I'm sure you'll get there! Quick, better put slashdot.jp into your bookmarks, 'cause you'll be reading it soon!

    3. Re:The Slashdot Japan's story by Anonymous Coward · · Score: 0

      If you can't say something nice ...

    4. Re:The Slashdot Japan's story by Snowy_loves_you · · Score: 1

      You're welcome!

      But it's not Japanese version of "slashdot.org". Articles, authers, and other things of "slashdot.jp" are conpletely original. So you can enjoy original topics in Slashdot Japan, if you understand Japanese.

      --

      ----------
      Slashdot Japan
      http://slashdot.jp/
      snowy
      http://slashdot.jp/~snowy/

  27. A shame by Zarxrax · · Score: 5, Informative

    I feel really sorry for this guy. I wonder if there is anything he can do to fight it? I havn't heard particularly favorable things of the japanese legal system. Winny was an excellant P2P program though. Anything you wanted, you could download, FAST. It was a great concept and would be interesting to see other P2P software take the same approach. Sharing was pretty much mandatory... but you couldn't see who you are sharing with, or what files they are downloading from you. But the ease of downloading is what truely amazes me the most. On a network like eDonkey, you can typically wait for hours before your download even starts, then have the download trickle across at 5kb/second. With winny it was INSANE. Downloads often started immediatly, and you normally get download speeds in the 20-50kb/sec range. It's entirely possible to download complete DVD ISOs in a day. And thats the reason it had to be shut down :|

    1. Re:A shame by Zarxrax · · Score: 1

      Well... to say "shut down" is a bad choice of words on my part. The network has not been shut down, and I don't believe it can be.

    2. Re:A shame by Anonymous Coward · · Score: 0

      umm...normal rates for popular dvdisos are closer to 200-300k down. And downloading a dvdiso or two per day is reality. Unlike kazaa/etc, winny really works. And in worst case file is misnamed JAV so you win in all cases.

      Oh yea...i'm in europe

    3. Re:A shame by Zone-MR · · Score: 1

      I doubt the download speeds have that much to do with the protocol. The system is only used in Japan, where broadband internet grows on trees. Residential 100mbit connections are common. A difference from emule speeds (where most users have no more than 25kB upload) is to be expected.

    4. Re:A shame by 0x0d0a · · Score: 1

      Plus, if it's only used in Japan, there are no satellite/undersea connections involved.

    5. Re:A shame by Anonymous Coward · · Score: 0

      I still get awesome speeds from Winny here in the US on my DSL connection. Ofcourse, I cant limit my upload if I want high speed downloads, so I end up uploading a shitload too.

    6. Re:A shame by Anonymous Coward · · Score: 0

      i beg to disagree. although in japan broadband is widespread, winny is a miracle. try using both winmx and winny and measure the time from you start searching until the download finishes. winny gets it at roughly 5 to god-knows-how-fast-you-can-get-between-the-other-p eer times faster. its the caching and clustering concept. dvdiso download not just finishes in one day, it might even finishes in 3-4 hours if you're on a good line.

  28. Winny vs Freenet... by Kjella · · Score: 5, Informative

    ...first of all, Winny is a Windows-only, closed-source program. While the author has taken some of the concepts from Freenet, none of the actual code. The BBS that caused them to be captured has no equal in Freenet, any BBS-like places you may find there is purely "userspace" running on top of Freenet.

    Winny was designed to be very difficult to use outside Japan, not only was it exclusively in Japanese but it also refused to work on international systems with Japanese support (hint: You had to have japanese code pages by default, doable but not easy).

    The network itself is still operational, but naturally there won't be any more development. Like Freenet, you could find pretty much anything there, but that didn't seem to bother the Japanese quite as much as the Western world, at least it was very popular.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:Winny vs Freenet... by aminorex · · Score: 1

      What I want to know is where I can download it.

      --
      -I like my women like I like my tea: green-
    2. Re:Winny vs Freenet... by MugiMugi · · Score: 1

      In fact the source of WinNY is out there, and there is alredy recompiled version of it, I belive 6 difrent version is out curently. So winny wont die becose the creator got arested.

    3. Re:Winny vs Freenet... by aminorex · · Score: 1

      Cool, but WHERE IS IT?

      --
      -I like my women like I like my tea: green-
    4. Re:Winny vs Freenet... by MugiMugi · · Score: 1

      Well I dont want to put links, but it was posted to 2ch, it was thoght password encrypted, but I bet sombody cracked the file. Just search a bit and you probobly find it.

  29. How utterly bizaare. by Arker · · Score: 1

    Apparently copyright infringement is a criminal charge in Japan.

    Apparently the RIAA and MPAA bought out that government even faster than the US? Amazing.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
    1. Re:How utterly bizaare. by Erasmus+Darwin · · Score: 1
      "Apparently copyright infringement is a criminal charge in Japan."

      It's a criminal charge in the US, as well.

      Most of the copyright-related cases we've seen lately on Slashdot (namely RIAA stuff) have been handled via civil suits. However, if you recall the incident where the guy was busted for leaking the workprint of The Hulk, he was actually charged with (and plead guilty to) felony copyright infringement: http://news.com.com/2100-1026-1021005.html?tag=nl

    2. Re:How utterly bizaare. by Arker · · Score: 1

      Under title 17 it can be a criminal offense if it's done for commercial gain, sure, but that doesn't sound like the case here.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  30. humour? by grepistan · · Score: 1

    mod parent up! Best laugh I have had all week :)

    --
    Real stupidity beats artificial intelligence every time.
    -- Terry Pratchett, Hogfather
    1. Re:humour? by Rolo+Tomasi · · Score: 0, Flamebait
      Best laugh I have had all week

      Where do you live, in Abu Ghraib? Seriously, that kinda stuff maybe is funny the first or second time, but the hundredth time it's just annoying. Like the other /. cliche "jokes" that are being perpetuated endlessly.

      --
      Did you know you can fertilize your lawn with used motor oil?
    2. Re:humour? by Doppleganger · · Score: 3, Funny

      Aw, c'mon.. you gotta admit, "Winny developer to arrest the Kyoto headquarters of police" is a heck of a lot funnier than what actually happened.

    3. Re:humour? by simcop2387 · · Score: 1

      but the hundredth time it's just annoying. Like the other /. cliche "jokes" that are being perpetuated endlessly.

      In soviet russia, Cliched jokes on /. perpetuate you!

    4. Re:humour? by Dr.+GeneMachine · · Score: 1
      "Winny developer to arrest the Kyoto headquarters of police"

      Well, next you gonna tell me this happend in Soviet Russia...

      --
      This comment does not exist.
    5. Re:humour? by Rank_Tyro · · Score: 1

      Brings to mind......"All your base are belong to us" :)

      --
      Today's show is brought to you by the number 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0: 25
    6. Re:humour? by jacquesm · · Score: 1

      ok, he *was* begging for it :)

  31. Not "47", but "Mr. 47" by Snowy_loves_you · · Score: 3, Informative

    >He started its development in May 2002 and occasionally appeared on the web forum 2ch with his anonymous codename "47", ...

    No.

    His codename is "47-shi". The pronounce is "yon-jyu-nana-shi"

    It means "Mr. 47" in Japanese.

    --

    ----------
    Slashdot Japan
    http://slashdot.jp/
    snowy
    http://slashdot.jp/~snowy/

    1. Re:Not "47", but "Mr. 47" by Kusunose · · Score: 4, Informative

      >His codename is "47-shi". The pronounce is "yon-jyu-nana-shi"

      Wrong. His handle is "47". People call him "47-shi", adding "-shi" as a honorific.

    2. Re:Not "47", but "Mr. 47" by Anonymous Coward · · Score: 0

      Battle of the otaku nerds! Go you nihon nerds! Go!

    3. Re:Not "47", but "Mr. 47" by Anonymous Coward · · Score: 0

      "yon-jyu-nana-shi"

      Why does anyone use the braindead "jyu" romanisation?

      Hepburn-shiki, which preserves the phonetic information, is "ju". Nihon-shiki, which preserves the orthographic information, is "zyu". "jyu" preserves neither. Please get a clue.

    4. Re:Not "47", but "Mr. 47" by Anonymous Coward · · Score: 1, Interesting

      Please get a clue.

      Like not using Romanji, and actually learning the damn Japanese?! You get a clue!

      FACT: Japanese people do not use Romanji. Neither should you.

    5. Re:Not "47", but "Mr. 47" by Snowy_loves_you · · Score: 2, Informative

      >adding "-shi" as a honorific

      It's sure that adding "-shi" is usually a suffix as a honorific, but in this case, people do not use this term as a honorific. They use as a formalistic style. So, some of the Press call him "47-shi".

      But the situation is ambiguous and uncertain. So we can admit both of names, I think.

      Thank you, Kusunose.

      --

      ----------
      Slashdot Japan
      http://slashdot.jp/
      snowy
      http://slashdot.jp/~snowy/

    6. Re:Not "47", but "Mr. 47" by Anonymous Coward · · Score: 0

      Umm, I think these people are actually Japanese.

      In America, there are few reasons to speak Japanese that aren't related to anime. It's kind of different in Japan, though... :)

    7. Re:Not "47", but "Mr. 47" by iMacGuy · · Score: 1

      Does Slashdot have a defined character set? If not, kanji wouldn't work.

      ?????

      That's what happens when I type Japanese.

      --
      Why won't slashdot let me change my terrible username :(
    8. Re:Not "47", but "Mr. 47" by Graspee_Leemoor · · Score: 1

      "Like not using Romanji, and actually learning the damn Japanese?! You get a clue!

      FACT: Japanese people do not use Romanji. Neither should you."

      That's ROMAJI you baaaaaaaaaaaaaaaaaaaaka. No 'N'.

      graspee

  32. Pig fuckers by t_allardyce · · Score: 0

    Every time this sort of injustice happens it just makes it easier for everyone to justify "stealing" music and generally fucking with the corporations.How on earth do you quantify a charge like that? does that mean gun manufacturers are responsible for conspiracy to commit violence? encryption? cameras? search engines? practically anything can be said to be designed to commit a crime.

    I have boycotted buying music since 2000, have you?

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Pig fuckers by Anonymous Coward · · Score: 0

      Also...

      Well, should you also boycott writing programs. I mean, he's been arrested for writing a good piece of software, not piracy. It's not his fault that people used the network to pirate.

    2. Re:Pig fuckers by t_allardyce · · Score: 2, Informative

      Hes been arrested for conspiracy to commit copyright violation (whatever that means) which i guess means "making something that we have decided is only for commiting criminal offences". Why boycott software??

      --
      This comment does not represent the views or opinions of the user.
  33. 17 by JoeShmoe · · Score: 0, Redundant

    There's an old joke that goes...

    A new prisoner is at lunch with some fellow inmates when one of them bellows out "36!". Right away all the other inmates in the cafeteria start to chuckle and guffaw. A few minutes later, another inmate yells "28!" and everyone starts laughing and smiling. Soon another inmates shouts "12!" and soon everyone is rolling on the floor in laughter. The new prisoner turns to another inmate and asks what's going on. The inmate explains that the prisor library only has one joke book, and since everyone has read it a thousand times over, to save time people just shout out the page number of the joke the want to tell. The new prisoner decides to get into the swing of things, so he stands up on a table and screams out "17!" Dead silence results. Sheepishly, the new prisoner sits down and resumes eating his lunch. "Man," the inmate exclaims, "some people just can't tell a joke."

    My point in all this is that I've seen enough of these stories and bellowed out enough appropriate statement of outrages that I'm tired of repeating myself and others, so I'm gonna simply call it "17" and be done with it. This can include:

    1) stupid analogies about hammers and crowbars
    2) ridiculous hypotheticals about some guy named Britney Spears who actually wants to give away his music
    3) references to anti-freedom, anti-democracy and probably a handful of Godwin's law violations
    4) detail explanations of 1500 programs that do the same thing but somehow escape attention
    5) updated links to kazaalite

    Okay, so...that's all about that. From now on, if the story says "P2P" then just put me down for an automatic "17" and let me get on with my day.

    - JoeShmoe
    .

    --
    -- I wonder which will go down in history as the bigger failure: the War on Drugs or the War on Filesharing
    1. Re:17 by Anonymous Coward · · Score: 0

      LOL. Whilst I can't agree entirely with Joe, the irony of his post getting modded "redundant" is worth savouring.

    2. Re:17 by n6kuy · · Score: 0

      You forgot the rest of the joke!

      Later on, the new prisoner has learned the system of telling jokes. One day at lunch he yells out, "48!" and all the other prisoners roll over just laughing their guts out.
      Finally, one of the other inmates gets up and tells him, "you've certainly got the hang of telling prison jokes! And what's more, that's one we've never heard before!"

      --
      If you disagree with me on social issues, then it's pretty clear that you are a narrow-minded bigot.
  34. "This software is so good it's illegal!" by Lord+Kano · · Score: 2, Funny

    That's all he needs to say and he'll make himself rich by selling it. Well, at least rich enough to pay a good lawyer.

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  35. Re:wow. by Anonymous Coward · · Score: 0

    Revere the Emperor! Repel the barbarian!

  36. comparison by Anonymous Coward · · Score: 0

    I have to say I thought the machine version quoted above was much more entertaining...

    The kitchen knife also and, can also be able cut the vegetable damage the person. Those where you accuse of a crime to the person are just the execution doer who kills and wounds. The handgun the person other than killing and wounding, in Japan the possession and production is prohibited with purpose.

    1. Re:comparison by Anonymous Coward · · Score: 0

      All your knife are belong to us!

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

      and production is prohibited with purpose.

      With great purpose.

  37. Did he share material or only write software? by NoSuchGuy · · Score: 1

    Can someone explain to me pls? The english articles don't tell much about it!

    If he shared material the arrest is okay!

    If he only wrote the software...
    That's like Colt getting closed down because murders and bankrobbers use their "products" (read weapons)

    --
    Grundgesetz * 23. Mai 1949 - 30. November 2007 - http://www.vorratsdatenspeicherung.de/
    1. Re:Did he share material or only write software? by 0x0d0a · · Score: 1

      It does kind of suck if the reason he was targetted for arrest is because he wrote the software, though, and it proves a point to put him behind bars. I am suspicious that the people who put him there have not freely contributed as much work to society as he has in hours in his P2P software.

  38. Public Outcry by Inda · · Score: 0, Troll

    1. http://www.2ch.net/
    2. Post "I hate you facisist pig dog scum!"
    3. Outcry over.

    --
    This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
  39. Threats to research by bcg · · Score: 4, Insightful

    I am a post graduate student who is researching aspects of P2P software. Its a really fertile area for research that is now starting to get seriously damaged by the civil and criminal suits that are getting about these days. I know of one serious research group that has pulled their software, that wasn't even file sharing related, due to fears of being held accounatble for its use. I also have not released anything due to fears of retribution (and my stuff has bugger all to do with filesharing also).

    I would like to extend my Masters research into a PhD but is it going to have a future for long enough? I hope that this will settle down and go the way of the fears of video tapes, PGP, cd burning, etc... But in the mean time research that will benefit ad hoc networking will suffer.

    It will be a sad day if everything P2P is banned - I wonder if those companies with miss chat, dns, nntp, etc

    1. Re:Threats to research by McDutchie · · Score: 1
      It will be a sad day if everything P2P is banned - I wonder if those companies with miss chat, dns, nntp, etc
      Not to mention the Internet itself, which is fundamentally "P2P".
    2. Re:Threats to research by alien_blueprint · · Score: 1

      Its a really fertile area for research

      Yes, I sincerely believe that is true.

      that is now starting to get seriously damaged by the civil and criminal suits that are getting about these days.

      Perhaps. But maybe it's a question of language. Writing my previous post on this topic started me thinking that since "P2P" is now almost synonymous with "file sharing", you could just come up with a new name for all other applications. ("federated", perhaps?)

      It's not fair and it's not right, but if it does reach the stage where everyone who talks about "peer to peer" is immediately suspect and investigated it might be the path of least resistance. At any rate, these systems are far too useful and ubiquitous to be stopped now, so I wouldn't worry about that!

      I wonder if those companies with miss chat, dns, nntp, etc

      A digression: I wasn't quite prepared to say that DNS is strictly peer-to-peer in my other post on this topic because I'm not familiar enough (read: can't remember) with the gory details. I was cautiously leaving it out as the servers higher up in the namespace never (that I remember) make requests of those lower down. Then again, since the servers are all providing the same functionality (broadly speaking) and whether they make calls or don't of any other specific server is an accident of their place in the hierarchy, and not intrinisic, I supposed you could make the case that it is in fact peer-to-peer.

      It would definitely be a great example if it can in fact be defended as being truly peer-to-peer.

    3. Re:Threats to research by bcg · · Score: 3, Informative

      Probably best summed up by Andy Oram:

      "The Domain Name System (DNS) is an example of a system that blends peer-to-peer networking with a hierarchical model of information ownership. The remarkable thing about DNS is how well it has scaled, from the few thousand hosts it was originally designed to support in 1983 to the hundreds of millions of hosts currently on the Internet. The lessons from DNS are directly applicable to contemporary peer-to-peer data sharing applications.

      DNS was established as a solution to a file-sharing problem. In the early days of the Internet, the way to map a human-friendly name like bbn to an IP address like 4.2.49.2 was through a single flat file, hosts.txt, which was copied around the Internet periodically. As the Net grew to thousands of hosts and managing that file became impossible, DNS was developed as a way to distribute the data sharing across the peer-to-peer Internet."

      snip

      "The namespace of DNS names is naturally hierarchical. For example, O'Reilly & Associates, Inc. owns the namespace oreilly.com: they are the sole authority for all names in their domain, such as www.oreilly.com. This built-in hierarchy yields a simple, natural way to delegate responsibility for serving part of the DNS database. Each domain has an authority, the name server of record for hosts in that domain. When a host on the Internet wants to know the address of a given name, it queries its nearest name server to ask for the address. If that server does not know the name, it delegates the query to the authority for that namespace. That query, in turn, may be delegated to a higher authority, all the way up to the root name servers for the Internet as a whole. As the answer propagates back down to the requestor, the result is cached along the way to the name servers so the next fetch can be more efficient. Name servers operate both as clients and as servers."

      Oram, A. Peer-to-Peer: Harnessing the Power of Disruptive Technologies Available Online:
      http://www.oreilly.com/catalog/peertopeer /chapter/ ch01.html

    4. Re:Threats to research by alien_blueprint · · Score: 1

      The Domain Name System (DNS) is an example of a system that blends peer-to-peer networking with a hierarchical model of information ownership.

      I think I see - it's the separation of the structure of the information at any point in time from the networking architecture that allows this definition to work. So even though requests may only ever go from server 1 to server 2, it's still peer-to-peer. That's an interesting idea - especially when you consider that in some cases the hierarchy is dynamic (a Transaction Monitor may be subordinate to another TM in one transaction, then the situation may be reversed in the very next transaction).

  40. Subject-verb agreement by Anonymous Coward · · Score: 0

    Way to go.

  41. Umm.. I think this is a big reason why.. by ohdawg · · Score: 3, Interesting

    he got the shaft.. from the Mainichi Daily News Japan: Winny has already stirred up considerable controversy within Japan this year. In March, a virus swept through the program, picking up investigation records from a Kyoto Prefectural Police officer's computer and whisking them around cyberspace. Other police documents and Self-Defense Force materials have also been spread across the Internet through Winny. Cops probably had a hard on for this guy ever since their investigations records ended up on Whinny..

    1. Re:Umm.. I think this is a big reason why.. by Anonymous Coward · · Score: 5, Insightful

      so what the hell were these cops doing with this shady anonymous file-sharing tool on their hardware anyway - after all, there are no legal uses for this type of application, no?

      The Japanese cops have no-one but themselves to blame there. If someone in the prefecture is using this software to download copyrighted works, then it is time to clean up their own house first.. Same goes for the military. Security is your fucking job, fools!

      Even if the coppers were using an installation of Whinny to keep an eye on what's moving about on it, it does beg one question:
      If an organisation keeps important and sensitive documents on a windows box running shady p2p warez-sharing apps, do you think that they should be trusted with such documents?

      I reckon this is just sour grapes because the chief of police picked up a virus while downloading pr0n...

  42. In this case it was more like... by botik32 · · Score: 1

    The article in english says that Winny was used to spread secret information belonging the japan police. So the tool has BEEN used for a just cause, imo.

  43. How does Winny work? by BCoates · · Score: 1

    Does anyone know the technical details behind it, like the network topology or the basics of the protocol or what method it uses to (supposedly) keep its users anonymous?

    I can't seem to find any details at all in English-language sources.

    1. Re:How does Winny work? by Anonymous Coward · · Score: 0

      I can't seem to find any details at all in English-language sources.

      Seems like that's the way they want it... everything's in Japanese. No foreigners allowed! And yet I thought foreigners were the cause of all Japan's crime... hmmmm.

  44. A peak in the japanese news... by germano · · Score: 4, Interesting

    The article in japanese says that that's one of the reasons that guns are illegal in japan: can only be used to kill people.
    47 wrote the software, and according to the comments on 2ch the police decided that the motives behind writing Winny were purely copyright infringement, so it is not considered as a knife which can be used for good means, but as a weapon which can only be used for crimes.

    1. Re:A peak in the japanese news... by BeerSlurpy · · Score: 1

      killing people is useful sometimes

      maybe they dont have violent criminals in japan

    2. Re:A peak in the japanese news... by pario · · Score: 1

      I don't know if the police can use 47's comments on 2ch as evidence against him. As Hiroyuki already mentioned, there was no access logs left for 47's comments.

  45. what are we going to _do_ about it? by Stallmanite · · Score: 5, Insightful

    I think my RIAA boycot just became a boycot of all copyrighted material*. I will never pay for a license to use again. No movie theaters, video game rentals, the works... until someone fixes this nonsense.

    Arresting scientists crosses the line. I wouldn't feel right supplying the cartells that make this possible.

    * = That doesn't permit redistribution.

    1. Re:what are we going to _do_ about it? by pandrijeczko · · Score: 1
      It would just be so *nice* if we could all get organised enough such that for 24 hours only every person on this planet did not buy, rent or pay to view anything with a copyright on it - no orders from Amazon, record stores empty, no-one queueing for cinema tickets...

      Imagine the effect that action would have in the boardrooms of the RIAA, Sony, etc.

      --
      Gentoo Linux - another day, another USE flag.
    2. Re:what are we going to _do_ about it? by Anonymous Coward · · Score: 0

      Count me in. (Of course I don't ordinarily buy that sort of stuff anyway, except for books.)

    3. Re:what are we going to _do_ about it? by Gramie2 · · Score: 2, Informative

      Maybe you are talking about Buy Nothing Day?

    4. Re:what are we going to _do_ about it? by lizardloop · · Score: 1

      I agree with you dude. I'm not giving them anymore of my money. Although I fear that they'll assume I'm not giving them money because of the P2P networks and come down harder on them.

    5. Re:what are we going to _do_ about it? by Anonymous Coward · · Score: 0

      It was your idea pandrijeczko. You get the ball rolling and I will gladly follow, and I'll spread the word. Why don't you submit it to Slashdot as an "Ask Slashdot", or something.

  46. What I don't like about that argument... by Kjella · · Score: 4, Insightful

    Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material, much like emulators are made for running copyrighted roms. Claiming that they have a lot of potentially non-infringing uses is just an excuse. Black & Decker tools are made for construction, and in 99.99% of cases they are used for construction work.

    ...is that according to it, computers should be outlawed. Yes, you heard me. Most every computer out there is a vechicle for copyright infringement of software, audio, movies, pr0n (which is also copyrighted), used to facilitate communication between people or such traffic and so on. Nevermind the millons of PCs that are spamming or infecting others, or anonymizing illegal traffic because they're open relays. All used for crime.

    Same goes for everything running the network infrastructure. The Common Carrier status may protect them legally, but not in this context. They're all massively contrbuting to illegal acts. Right down to the computers running the Internet backbone itself.

    Both private individuals and corporations typically have some form of violation, if nothing more than expired software they use anyway, or more users than they're licenced for, or being zombified spam/virus boxes.

    Like P2P apps, computers in general have legitimate uses. But if you want to talk numbers, they too get drowned out by the fact that PEOPLE aren't law-obidient. That is neither the fault of computers nor P2P apps.

    Welcome to general purpose computing, and general purpose communication. If the majority want to use it for something illegal, what do you do? There's simply no way short of crippling a PC into an appliance, limited to only do pre-defined tasks. If you can program it (even within a DRM-ridden sandbox), you can make it general purpose. And then you're back to square one.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:What I don't like about that argument... by wirelessbuzzers · · Score: 1

      The problem with your counterargument is that most computers are used for purposes other than piracy. For instance, college students (some of the worst pirates out there!) use their computers to write papers, communicate with friends, family and professors, do research (google, scirus, etc), write programs for class, develop things outside of class, compute things (Mathematica), do listening for music classes and watch movies for film classes. Not to mention play games, which are in many cases legally purchased.

      Compare this to most P2P systems. Let's exclude the Internet itself as a "peer-to-peer" system, and BitTorrent as well because it requires a tracker; we'll focus on stuff like Win(MX|NY), KaZaA, Gnutella, Hotline. Very rarely are legitimate files to be found on such P2P systems which are not more readily available on the web or BitTorrent, and very rarely do people use these programs to download material that they have permission to use.

      Why is it unreasonable that such systems be outlawed, but computers still allowed?

      --
      I hereby place the above post in the public domain.
    2. Re:What I don't like about that argument... by Anonymous Coward · · Score: 0

      Lets apply your argument to a different medium. Most people break traffic laws. So lets outlaw driving. That is what your are suggesting? Am I not correct?

      How about the fact that most people break liquor laws. Should we ban the sell of all liquor?

      Basically it should come down to the fact that the minority who does not break the rules should not have their privlages revoked. If people are so worried about illegal issues of P2P networks maybe they should lobby for better policing of the internet.

      But that means more taxes. It would just be easier to revoke the rights of a few then for all of us to pay more to enforce the current laws. Is that what you are saying? Because that is what it sound like. But feel free to correct me if I'm wrong.

    3. Re:What I don't like about that argument... by wirelessbuzzers · · Score: 1

      Lets apply your argument to a different medium. Most people break traffic laws. So lets outlaw driving. That is what your are suggesting? Am I not correct?

      You are not, in fact, correct. I'm suggesting that if 99.99% of the time someone got into a car, it was for illegal drag racing, then we should outlaw driving, or at least heavily restrict it.

      My argument is precisely that since much (I would argue most) computer use is legal, computers shouldn't be outlawed even under my grandparent's argument.

      On the other hand, the vast majority untracked peer-to-peer access is illegal, it would not be unreasonable to outlaw them. This is why many states outlaw lock picks: they are much more likely to be used illegally than legally.

      Given that WinNY is quite obviously designed for the illegal sharing of files and basically nothing else, it isn't unreasonable to charge the designer with contributory infringement, just as if you sell lock picks in a dark alley, it's not unreasonable to charge you for aiding thieves.

      --
      I hereby place the above post in the public domain.
    4. Re:What I don't like about that argument... by Anonymous Coward · · Score: 0

      Nope, it's designed for the covert sharing of files. There is a very significant difference. When covert communication becomes illegal, well then you're right. But by then you'll have much bigger problems than copyright infringment to worry about.

    5. Re:What I don't like about that argument... by Forgotten · · Score: 2, Insightful

      In my 25 year experience, the primary use of personal computers is piracy. Most software distribution is unlicenced, and as computers have become capable of handling images, music and video in turn, the unfettered distribution of those media has become the foremost use of computers, in terms of CPU time, bandwidth, storage space, and most importantly human hours spent.

      In fact I will go much farther and say that so-called piracy has built the computer industry. Those faster machines, better video cards, mass storage devices of all types, and improved network connections are all driven by the desire to improve the movement of mostly-unlicenced mostly-copyrighted material.

      I draw no moral or legal conclusion from this, but I am entirely certain that the computer industry would not exist, or would be a pale, 10MHz shadow of itself, without the widespread, efficient unlicenced copying of material that has been its one defining characteristic pretty much since Bill Gates first objected to it (and ironically, his company has been the biggest beneficiary in the form of its unbelievable market share).

      People in the media industry who object to "piracy" are hypocritical, deluded, or possibly both. They depend on it, always have, and always will. Piracy doesn't afflict the market; piracy is the market. If more companies realised that, they could probably save a lot on advertising...

    6. Re:What I don't like about that argument... by Darth · · Score: 1

      On the other hand, the vast majority untracked peer-to-peer access is illegal, it would not be unreasonable to outlaw them.

      since it's untracked, i would say it's unreasonable to make assumptions or claims about how it is being used. unless you have actual data to support that assertion, it isnt a good basis for making laws.

      Given that WinNY is quite obviously designed for the illegal sharing of files and basically nothing else, it isn't unreasonable to charge the designer with contributory infringement, just as if you sell lock picks in a dark alley, it's not unreasonable to charge you for aiding thieves.

      is it? i've never seen WinNY or used it. I have no idea what it was designed to do or what it's capabilities are. Are you basing your opinion of what it was designed for on personal experience and evaluation of the software? (not being accusatory, just curious if you've used it)

      with respect to lock picks...If you sell lock picks where it is illegal, you get charged with trafficing in illegal merchandise. You do not get charged as an accessory to burglary.

      If making the software and distributing it is not illegal in itself, he hasnt committed a crime. Just like you havent committed a crime if you sell lock picks in a state where they are legal to sell and own.

      --
      Darth --
      Nil Mortifi, Sine Lucre
  47. The Winny author by News+for+nerds · · Score: 4, Interesting

    is KANEKO Isamu, 33, was relatively well-known in Japan as a talented 3D-programming programmer, too (though it's not known until today that he is the "47"). His personal homepage has many 3D-programming stuff, including flight simulator, realtime 3-D body model generator, PBO-FS(Prototype-Based Object File System), missile simulator, and realtime motion-generation by physics calculation. His academic concern was fast 3D physics calculation, network design, and OS design.

    1. Re:The Winny author by Anonymous Coward · · Score: 0

      Cool, check out that nekofight app!

  48. Where to draw the line by dustmite · · Score: 2, Insightful

    Where do you draw the line? It's a slippery slope. One of the most commonly used protocols by far for illegal copying is Microsoft Windows file-sharing (otherwise known as SMB). So by your reasoning, if we can hold the author of a p2p system liable, then we ABSOLUTELY MUST also hold Microsoft liable when it happens on their systems. Or do you have some magic, objective point at which you can draw the line and say "this file-sharing tool good, that one bad"? Sorry, but you have to either deem file-sharing tools ALL ILLEGAL, or ALL LEGAL. And yeah yeah I know that SMB is used in legal ways too, but so are all file-sharing tools.

    1. Re:Where to draw the line by Anonymous Coward · · Score: 0

      Where do you draw the line?

      I draw it here:

      ---------------

      Now your argument is moot, biatch.

  49. For "arrested", read "convicted" by Rogerborg · · Score: 1

    A 0.01% chance of aquittal isn't statistically significant.

    --
    If you were blocking sigs, you wouldn't have to read this.
  50. Rule 1: Don't brag about defying the law by achurch · · Score: 4, Informative

    Or is it just because he made it difficult for them to crack the network he`d created that they wanted even more to "crack him", as an example?

    That's the major theory currently doing the rounds in the media, but it's also been reported that when he released Winny, he gave as his reason for developing it "to demonstrate why current copyright laws are wrong and help to change them". While I think he has a valid point about copyright [uh oh, are they going to come after me now?], openly showing disrespect for the law isn't calculated to put you in law enforcement's good graces.

    It also seems [Japanese] he's telling police that he "created Winny to foster copyright violations and destroy content companies who are bent only on legal action and don't try to find new business models to protect their copyrights". Take that as you will . . .

    1. Re:Rule 1: Don't brag about defying the law by Anonymous Coward · · Score: 0

      Is that Rule #1 for being a pussy?

      The guy has a belief that a lot of people share but aren't willing to admit to in public. Even he wouldn't admit it before he got caught. But, now that he got caught, he isn't hiding behind weasel-words or situational manipulation or bogus excuses, he's telling the bare truth.

      Instead of backing down and cooperating, he's taking a stand for what he believes is true and right. I'd be willing to bet that as an intelligent person he realizes the danger you are so quick to patronize him over, but is choosing to take a stand anyway.

      openly showing disrespect for the law isn't calculated to put you in law enforcement's good graces.

      I think most US citizens should know this already, given the history of the founding of their country. Sucking up to law enforcement is not always the right thing to do.

    2. Re:Rule 1: Don't brag about defying the law by achurch · · Score: 1

      Stating out loud and in public that law X is bad because of A, B and C, and proceeding to violate law X in order to accomplish A, B, and C, is certainly a good thing, if a dangerous one, to do. Simply saying "HAHA UR LAWZ R PWN3D" or "I don't like this law so I'm going to ignore it", on the other hand, accomplishes nothing but making yourself look like a fool to the population in general. I'm not quite clear yet which side this "Mr. 47" (as the author of Winny is known) is coming down on, hence my comment. (In fairness, there's no telling how much spin the police are putting on their reports, since in Japan you don't get a lawyer until you're actually charged with a crime.)

    3. Re:Rule 1: Don't brag about defying the law by Anonymous Coward · · Score: 0

      Sounds like a typical GNU/Communist to me. Is it illegal to be a Communist in Japan?

  51. Got news for our Freedom loving underlings... by Anonymous Coward · · Score: 0

    If you've got a trunk of DVD's and the cops saw a foil lined "shopping bag" when they pulled you over. Enjoy jail. Maybe they won't convict you. But you're not getting the movies back, and your not driving yourself home.

    Yes even if you're in the US.

    If I were this dude, I'd claim, "I love freedom. I wanted to let this thing loose in China once I figured out how to obscure the traffic. They deserve a little freedom too."

    1. Re:Got news for our Freedom loving underlings... by Anonymous Coward · · Score: 0

      If you've got a trunk of DVD's and the cops saw a foil lined "shopping bag" when they pulled you over. Enjoy jail. Maybe they won't convict you. But you're not getting the movies back, and your not driving yourself home.

      What is a foil lined shopping bag for? Sorry if this is a hopelessly naive question :)

      Yes even if you're in the US.

      Why "even if" you're in the US? I always get the impression that there aren't many checks on police power over there.

    2. Re:Got news for our Freedom loving underlings... by Dwedit · · Score: 1

      The foil lined shopping bag is for shoplifting. DVD's contain those tiny sticky anti-theft transmitter thingies, don't know much about them, but foil probably defeats the scanning equipment for them.

    3. Re:Got news for our Freedom loving underlings... by Anonymous Coward · · Score: 0, Interesting

      Faraday cage. You can smuggle stolen stuff with security tags out without tripping the alarms. Or so I presume.

      There are plenty of checks and balances on the police, far more than in Japan for instance. There only appear to be a lot of police excesses because there are a whole lot of police and in general so much here is an open book. A comparitively large fraction of the excesses are reported. It's like violence. Over the course of my life, I'm suppoesedly enjoying the lowest crime levels every here in the US. But I wouldn't know it to look at the news. Why, there is a lot more news, that fractures the audiance, so they have to find ever more dramatic material. And what's more dramatic than death, or people greviously wronged by a monolithic uncaring government.

      For example, if the police stopped me on some bogus pretense because I'm creepy and gave them a bad vibe, taking my back to the precinct. Then proceed to interogate me and give me the impression that I'm not free to leave without actually saying that, but still don't read me my rights, and under the pressure I confess to a string of killings, and where the evidence is. I'm probably going to get away with the murders. Oh I'll be famous for it. But I won't be going to jail. Stuff like that happens frequently enough. One of the "unjustified" shooting out in my area was of a mentally unbalanced man who fired of a shot or two in a supermarket and was walking down the street weapon in hand. Another was a conviced felon who was shot to death in his car with his illegal handgun in reach. There was a march for him. Near where I went to college there was a guy who when stopped for a traffic ticket shot a cop through the spine. One man's excess is another's vital self-preservation. And with the stakes we play that game over here, there just aren't any do-overs if something goes awry.

      But back to the media. Look at the comparisions between My Lai and Abu Grade prison. Today, there are a couple of dozen deaths, a dozen of which might be murder, and wide spread abuse, possibly including rape. There have been inklings of it for a few months, and full on total coverage and impending court martials of the century for a months or so. With My Lai, President Carter called on the American people to support Lt. Calley in so called ralleys for Calley and shout down the ultimately true allegations. As you may or may not have seen lately, Hugh Thompson is returned to a more welcoming spotlight for his role in ordering his helicopter crew to fire on US troops if they attacked those fleeing the massacer. I think Calley ended up with something ridiculous like 4 years for a stand out brutal example of mass murder. And that's about as far as the punishment and justice were able to go. Now you have congressmen from both parties calling for Rumsfeld's head on pike. And as odious as Rush Limbaugh is, compared to My Lai, what happened in Iraq was a fraternity prank. The difference is the pervasiveness of the media.

  52. Apparently yes by achurch · · Score: 1

    Was this software built soley and intentionally for sharing copyrighted works?

    It seems so from what the author's saying about it.

  53. Thought police by tkh · · Score: 5, Insightful

    What's disgusting about this Winny thing is that Kyoto Police Department thinks the development of Winny itself is not criminal, but 47's attitude against the copyright law is. 47 had basically said on 2ch that the copyright law must be largely restructured to reflect the digital era and that's a part of the reasons why he wrote Winny.

    Japanese constitution certainly ensures freedom of speech and thoughts, but it sounds like KPD is a thought police.

    1. Re:Thought police by nytes · · Score: 1

      You're right, it does sound like he's really only guilty of "wrong" thinking. But it does have a parallel in the USA's hate-crime laws. If you beat someone up and it can be shown that you were probably thinking something like "f-ing $BigotryRelatedEpithet", you'll get a harsher sentence than you would otherwise.

      Intent does (and probably should) play a lot into most justice systems. Otherwise accidentally running over a pedestrian would put you in the same jail cell as the guy who deliberately used his car as a weapon.

      --
      -- I have monkeys in my pants.
  54. Government files on Winny by achurch · · Score: 2, Informative

    Just for the record, the files that got spread seem to be the result of a virus sent over the Winny network that puts everything on the victim's computer up for sharing, so I doubt the author would get directly in trouble for that.

    1. Re:Government files on Winny by Kjella · · Score: 1

      If they can hold him responsible for what other people have voluntarily shared, why not what they've involuntarily shared?

      It's like someone cutting the brake wires, or a homicidal car driver. Both may lead to running down a person, one involuntary, the other not. But in neither case it makes sense to sue the car manufacturer...

      Kjella

      --
      Live today, because you never know what tomorrow brings
    2. Re:Government files on Winny by Anonymous Coward · · Score: 0

      Right. By that argument they can arrest Bill Gates for selling software that when infected with a virus can involuntarily share people's files and private information.

    3. Re:Government files on Winny by Anonymous Coward · · Score: 0

      Wait, so the cop was using Winny when the files were leaked? That's somewhat embarrassing.

    4. Re:Government files on Winny by achurch · · Score: 1

      Wait, so the cop was using Winny when the files were leaked? That's somewhat embarrassing.

      Yeah, and given that the police department that arrested the guy is the same one where this problem heppened, a number of people on /.J and 2ch are suggesting that the arrest is mostly the police trying to save what face they have left. (I wouldn't be surprised myself if that was at least part of the reason.)

  55. I'll laugh at what I want to laugh at, dammit! by grepistan · · Score: 3, Funny

    Thanks, it's good to see someone else who found the machine "translation" more amusing and interesting than yet another 'shocking news: people are cracking down on piracy any way they can'. *yawn*. I've heard it a lot lately to be honest.

    I particularly liked the line
    > The kitchen knife also and, can also be able cut the vegetable damage the person.

    Not sure that they would find it all that funny in Abu Ghraib though, poor buggers.

    --
    Real stupidity beats artificial intelligence every time.
    -- Terry Pratchett, Hogfather
  56. This is why people like you suck. by Anonymous Coward · · Score: 0

    You don't just suck ass, you suck "mud butt."

    You damn well know firearms were invented to kill, and not just anything, but people. Their development has been spured by the desire to kill people with ever less effort, over less time, in greater numbers, with greater reliablity.. Any argument to the contrary is a lie, sophistry relying on plausible denability. The Colt M1911, prized for target shooting and as an alternative to Magnum PI with a sequined hangbag, was chosen not so the US army would excel in marksmanship competitions but to but a badman and his black hat on the ground with one round.

    In fact examples to the contrary are so terribly few they boldly stand out, such as magnum rounds for british elephant guns, and new metalstorm products.

    Why you lie, and especially lie in a brazen and moronic manner, you're saying your desired ends are more important than the truth, and you invite everyone else to do the same. It's the difference between useful discourse and useless rhetoric.

    Maybe, just maybe, if you didn't think so little of your position and your audiance's time, they'd think more of you.

    1. Re:This is why people like you suck. by Anonymous Coward · · Score: 0

      Take two prozac, count to 100 and then PROOVE what you are saying.

      Guns are tools. Responsible people do not kill other people. That is not rocket science.

      Its do gooder "I am the center of the universe" idiots like you, who think that your time is more important than anyone elses, who think that they know whats best for everyone, no matter who they are or where they live, who are the true enemies of humanity.

      You shout and scream about what you know to be right, because you got religion; if everyone just did what you think, it would all be allright. You are a facist, pure and simple. You are the same sort of person that thinks everyone should be on a DNA database, live in a democracy, believe in the free market economy, carry ID cards and submit totally to the state for "security". You are also the type that thinks that p2p should be banned, simply because it can be used to copy copyrighted works.

      You are a part of the problem.

      Whats more, you are the sort of vulgarian that joins the american imperialist army and then abuses prisoners:

      You don't just suck ass, you suck "mud butt."

      That disgusting, childish and pathetic imagery is precisely the sort of word and thought and action that goes through the minds of the immoral lost souls that commited those atrocities in iraq. You think it. And if you were in their position, you would do it. They know what is best, and you know what is best. You are ideologically identical to them.

      You are part of the problem.

  57. Winny means guilty! by zoso · · Score: 5, Funny

    It's funny in polish language "winny" means guilty :D

  58. Technical curiosity by Anonymous Coward · · Score: 2, Informative
    [crossposted from /. Japan]

    Weapons developers feel technical curiosity over the lethalness and strategic usability of their weapons.

    Filesharing software developers feel technical curiosity over the efficiency and anonymity of their software.

    How odd that the latter should be executed in the name of the law, while the former reaps fantastic wealth from military demand.

  59. how often do we see torrents of slashdotted video by Anonymous Coward · · Score: 0

    I have seen that exactly nunce in my 4 years of reading /. as an AC. Then again I read at -1 and skip any groupthink that is modded above 2

  60. paranoia will destroy ya by Anonymous Coward · · Score: 0

    Is this what you would say about another invention?:

    "We all know that matches were invented just to commit arson, any one who disagrees with me is . . ."

    It's just you against the world, buddy.

    It must be hard to be such a paranoid.

    Why are we all picking on you?

  61. Corruption in Japan by da5idnetlimit.com · · Score: 1

    just to make a point : Corruption in Japan is way more developed than you can imagine.

    US Parlimentary looks like innocent babies when compared to China, and are ready for Sainthood if you ever put them on comparison with their Japanese counterparts.

    They (the Japs) have evolved bribes and political manipulation into an art form....

    --
    It takes 40+ muscles to frown, but only four to extend your arm and bitchslap the motherfucker
  62. I wonder... by Digitus1337 · · Score: 1

    I wonder if he pirated any of the 'Hitman' games. Maybe he can plead insanity, Diana from the agency told him to do it!

  63. Why don't we... by Anonymous Coward · · Score: 0

    Why don't we just throw everyone in jail? That way, all of society's problems are solved.

  64. I'd just like to... by NoMoreNicksLeft · · Score: 1

    Invite and welcome any japanese people to my own network. For that matter, anyone anywhere. I tend to think that a full-fledged IPv4/IPv6 net is superior to file-trading only protocols, and I have to wonder if that isn't part of this guys problem. Assume for a moment, that his network had a miniature "web" all of its own, where he could have posted this anonymously. Isn't much of their case based on his own statements, that could be traced back to him?

    File-trading is nice, but years from now we'll want these networks, just so we can say something without being penalized for it.

    1. Re:I'd just like to... by Anonymous Coward · · Score: 0

      Lots of people today who haven't taken their meds. The world is not magically going to turn into 1984.

  65. 99% conviction rate by KNicolson · · Score: 1

    This is a much misunderstood figure. The overall crime clear-up rate is a mere 20% - ie, 80% of all reported crimes never get pinned to anyone.

    The legal system in Japan differs greatly from the USA and UK (although it resembled France) - rather than going to trial on reasonable grounds of suspicion, the police have to present an almost airtight case before proceding to court. Thus, a lot of the time, either someone will confess, or the police will realise they don't have enough evidence and drop the case, rather than ever proceeding to the largely rubber-stamping of a trial. Note Japan also does not have jury trials.

    1. Re:99% conviction rate by Anonymous Coward · · Score: 0

      Now, how do you think the police get their confessions? 21 days in the slammer, more if you're a gaijin.

  66. Bad Precedent by nurb432 · · Score: 1

    This would be a bad precedent to start over in that country.

    The net result will be a lot of people getting jail time if they create something that can be remotely used for illegal purposes.

    It's just wrong to jail the creator. The users that commit a crime are the ones that should be sought.

    Its a blow to the concept of freedom ( and yes i realize the country we are talking about.. but still )

    --
    ---- Booth was a patriot ----
  67. And which Japanese game-shows have you seen? by Anonymous Coward · · Score: 0

    The fake ones on the Simpsons or SNL? Iron Chef? Most Extreme Elimination Challenge?

    If a Japanese person's only exposre to US game-shows was "Jackass" and "Fear Factor", do you think they would consider US game-shows more or less extreme or weird than their own?

    You are stereo-typing. The game-shows in Japan are not that weird for the most part, though there are a few weird programs - just like in every other TV market. Maybe it just seems funnier because you can't understand the language, and/or the people look different from you.

    1. Re:And which Japanese game-shows have you seen? by Anonymous Coward · · Score: 0

      It is funny because they all have slanty eyes! AMERICAN TV NEEDS MORE SLANTY-EYED PEOPLE.

  68. Did no one notice... by Anonymous Coward · · Score: 1, Interesting

    that IIP, the Invisible IRC Project, died recently? Or does no one care in favor of Japanese efforts at privacy and file transfers? IIP in conjunction with Freenet was a one-two punch by folks who still value privacy, and half of the effort just died because no one cares enough to support it. Let some Japanese P2P author get persecuted, though, and we get a big /. writeup and a million comments. One man arrested is a shit story compared to the hundreds of thousands that IIP + Freenet could bring under the privacy umbrella. Thanks guys.

  69. Uh oh. by Fortyseven · · Score: 4, Funny

    This disturbs me for one very obvious reason.

    1. Re:Uh oh. by Anonymous Coward · · Score: 1, Funny

      Because you're gay?

  70. Operative words - by SmurfButcher+Bob · · Score: 4, Insightful

    > Police said Kaneko was arrested because Winny
    > allowed a 41-year-old man from Takasaki and 19-year-old
    > from Matsuyama to illegally download pirated
    > games and movies from the Internet,

    So... arrest IE, Mozilla, Netscape, Opera, WSFTP creators...

    --

    help me i've cloned myself and can't remember which one I am

    1. Re:Operative words - by Frank+T.+Lofaro+Jr. · · Score: 1

      Arresting the creators of IE sounds like a good idea, but for different reasons! :)

      --
      Just because it CAN be done, doesn't mean it should!
  71. Re:ABETTING what exactly? by Jeff+DeMaagd · · Score: 1

    Abating: To reduce in amount, degree, or intensity; lessen.

    Abetting: To approve, encourage, and support (an action or a plan of action); urge and help on.

    Thanks to dictionary.com

    Whinny was deliberately designed for sharing of copyrighted files, to deliberately obscure the trader's identities toward that aim. If the trading was legitimate, other P2P products would do just fine, the extra features aren't necessary.

    There are a lot of legitimate products that can be used for illegal things, but when 99%+ of the uses are illegal then one might be right to question the product.

  72. what about CD rental stores? by ProfBooty · · Score: 1

    You can rent cd's by the hour, day, week etc.

    Right next to the counter, there are blank MDs.

    Tsutaya used to do this when I went to school there.

    When CD's cost around 30 bucks, due inpart to the multiple middlemen in Japan (in part the source of their low unemployment figures), I would expect copying to be a problem.

    --
    Bring back the old version of slashdot.
  73. So are amateur GBA developers hypocrites now? by tepples · · Score: 1

    Anyone but a hypocrite can tell you that most P2P apps are indeed made for trading copyrighted material, much like emulators are made for running copyrighted roms.

    Try telling that to any member of the gbadev community. I'm one of them, with a few free software projects for GBA under my belt. What do you find so unlawful about using an emulator "for running copyrighted roms" to which you own the copyright or have a license?

  74. Bright Tunes v. Harrisongs by tepples · · Score: 1

    What about songwriters who don't perform, Mr. Arbiter-of-who-should-get-paid-for-what? They only get paid from royalties from music sales and on-air performances. How do you intend to compensate them?

    Interesting that you bring up songwriters. It seems that almost every song on the charts copies enough from an existing copyrighted song to be a potential infringement. See Bright Tunes v. Harrisongs and this essay.

    As for the accusation of drug use by Britney, do you have proof? I'm curious. And anyway, what business is it of yours what she spends her money on?

    In the United States, non-users of controlled psychoactive substances have to subsidize the health care of users of such substances through income tax.

    1. Re:Bright Tunes v. Harrisongs by Anonymous Coward · · Score: 0

      Congratulations. You have cited one example of a songwriter who was sued for plagarism. What that has to do with anything is a mystery to me. Very few of such suits (especially when you consider how much music is released each year) are filed. So if you are trying to demonstrate the chilling effect of copyright, you failed. As for your comment about taxpayers and drug use, that's even further out of left field, when you consider that the post you were referring to was asking the original poster to provide proof of his or her claim of drug abuse by the pop star.

    2. Re:Bright Tunes v. Harrisongs by Anonymous Coward · · Score: 0

      As for your comment about taxpayers and drug use, that's even further out of left field

      A comment isn't "further out of left field" just because you didn't understand it. Take a breath, go back to school for a few years, and engage your brain before you post.

  75. Does Freenet break it's own licence? by PhilHibbs · · Score: 2, Interesting

    I can specifically decline to accept the GPL, and my additional rights to the software terminate at that point. However, this still permits me to use the software that I have legitimately acquired.

    The Windows Freenet installer will not let me past the GPL licence screen until I click "I agree".

    1. Re:Does Freenet break it's own licence? by Anonymous Coward · · Score: 0

      That's the case for lots of prepackaged GPL software on MS Windows. Seems like a lot of installer packages expects a license screen and most packagers just put the GPL there without thinking of the implications (or just being lazy).

  76. outcry from me too by MoFoQ · · Score: 1

    I use winny to get raws faster than raw-releasing bT groups do.

    And apparently, they don't seem to understand that winny itself and by itself is pretty useless. You need a list of active and good nodes to make winny actually work.

  77. For those who doesn't understand Japanese... by Mind+Booster+Noori · · Score: 2, Informative

    You can read the news in English here.

  78. Made an example of by tepples · · Score: 1

    Very few [music plagiarism] suits (especially when you consider how much music is released each year) are filed. So if you are trying to demonstrate the chilling effect of copyright, you failed.

    Do you want to be the next of the very few, especially given that most people can't afford a legal defense?

    1. Re:Made an example of by Anonymous Coward · · Score: 0

      No. And I don't want to get hit by a meteor, either. Fortunately, I will sleep tonight knowing that the chances of those two things happening are equally slim.

  79. In related news by dtfinch · · Score: 1

    Al Gore has been arrested for inventing the Internet, thus aiding in widespread copyright infringement. We have his confession on tape.

    But seriously, all he did was write the software. It'd be like arresting the founders of Google for because their search engine can be used to find copyrighted materials to infringe upon.

    1. Re:In related news by Anonymous Coward · · Score: 0

      Maybe they (Google) don't get arrested all the time, but they certainly remove links to all kinds of things from time to time:

      Google pulls anti-Scientology links

      If given enough time and going step by step about this, the powers that be are able to take away much more freedom than you will probably imagine right now. This Japanese guy arrested is a big one, people are outraged and suddenly see what's going on, but don't forget that most of the time this kind of thing goes without a /. article.

      (ironic how this kind of thing can still be found using Google itself, BTW, but my fear is that some day that won't be the case anymore)

  80. Privacy to suspects? by Anonymous Coward · · Score: 0
    His real name, job, home address up to the street block were in newpapers and even the outside of his house were shown on TV. This is for being a suspect of a doubtful charge.

    I'm not sure why the media did this. Sensationalism is a possible explanation, but there are also rumors that the police were pressuring them. If true the police is trying to damage the suspect's reputation because it is on shakey legal grounds, violating the suspect's privacy in the process.

    This is the worst form of harrassment.

  81. Re:In other words by symbolic · · Score: 1


    You're paying for fair use.

  82. SO have we by Adolph_Hitler · · Score: 1


    We (The yanks) have done no better than the japs when it comes to running a government which is not corrupt.

    Capitalism and Communism both equally corrupt government and its proven that no government can withstand the economic forces.

    --
    People don't exist to serve systems, systems exist to serve people.
  83. Who is this guy, John Wayne? by commodoresloat · · Score: 1

    "That's Mister 47 to you, pal!"

  84. porn by Anonymous Coward · · Score: 0

    What's the point of intentionally misspelling "porn" as "pr0n" in what is otherwise a well-written argument?

  85. Don't forget... by Anonymous Coward · · Score: 0

    Don't forget to apologize to the Goatse guy.

  86. Ok, cunt. by Anonymous Coward · · Score: 0

    Firearms were invented by the chinese, by at latest the 13th century. Who had a substantial history using gunpowder militarily, as well as for social displays and for religious purposes.

    When imported to the west, the development of fire arms was pretty rapid. From their first incarnations to flintlock muskets, to rim fire cartriges, to automatic weapons.

    There initial advantage was logistical. The weapons were cheap, and easy to train people to use. They didn't take a lifetime of practice like the british longbow. And a man could carry all he could shoot in a day on his person. They weren't perfect of course. Which brings us to the flintlock muskets. More reliable, easier still to use. They dominated the battlefield. The more difficult to load rifle had appeared along with our more conventional shaped ammunition just in time for the War of Independance. Rifling, from which the rifle takes its name, was invented for cannons so the barrels would collect the combustion products and need to be cleaned less frequently. It was a lucky happenstance that the right amount of twist in the rifling also stabilized the projectile. But the rifles themselves were favored for superior accuracy at range when hunting game, so the greater complexity of the weapon wasn't a detriment. But when war came, they were superbly adaptated killing another large mammal. Then we move onto the early 19th century and the percusion detonating principle and in 1835 Sam Colt making all men equal. Shotguns, for bird hunting were invented not long after. Of course the characteristics of the shotguns make them superb for any number of situations involving killing people and occastionally have colorful product names like "Streetsweeper". A decade later the spencer repeating rifle and gatling gun are invented. Lincon test fired a Spencer and purchased 10,000. It would become the principle repeating rifle in the American Civil War. The gatling gun is more interesting. Invented by Dr. John Gatling, he hoped to create a weapons so horrible the folly of war could not be sustained. It would take hydrogen weapons to make that dream happen in even limited aspect. Then to center fire cartiges, cartrige revolvers and the Winchester rifle, "the gun that won the west". Just before the 20th century automatic handguns made their appearence. I haven't gotten to the M1 Garand, BAR, Ma duece, the Thompson sub-machine gun, Sig 44 "Sturmgewehr", let alone the more modern era and the design choices involved in the M16, and AK-47. Funny in 800+ years of history nearly every significant improvement and event is connected with killing people. Certainly that's got to be some sort of coincidence.

    I don't consider myself a do gooder. I do consider myself to be very honest, and one of the increasingly rare people who even know what integrity is. But that's about as far as my good goes. I know what my time is worth. It's my hourly rate. But unlike you, I don't think so little of others that I feel the need to shamefully pass of obvious rhetoric I heard elsewhere as insight. The problem isn't guns, it's lying sacks of shit just like you.

    And yeah, if everyone else was pathologically honest, it would be a better simpler world. Imagine it, news you could use, ads that would help you make good choices in allocating capital, with people who wouldn't steal it. What a simple life. No one would need a filter for all the unrepentant ass-clowns polluting the gene pool with their bottomless sacks of bullshit.

    But you're just baiting me. Again, obviously. Even for one such as yourself, it's a primitive, almost desperate attempt at misdirection. It's not about me, and what I believe, it's about your total inability to be truthful, even to yourself. Why should anyone not looking for a white noise machine entertain the thought of suffering your presence? You bring nothing to the table. But your argument, that since I demand you be the least bit honest it neccesarily follows that I be a homicidal homosexual rapist with an appetite for swarthy men and light bondage, a little amusing. Quite the non-sequitor. It's almost absurd enough to be bad art.

  87. Mod Parent UP! by Anonymous Coward · · Score: 0

    just like the subject says.....

  88. Re:ABETTING what exactly? by BK425 · · Score: 1

    This is a very new legal concept in the US. In English law the King could sue your cart if it ran down the hill and caused damage. Before drug laws were changed in the US the proximite cause would have been the person who improperly chocked the wheels on the cart.
    It seems so obvious to me where the fault and causation lies here, so obvious that blaming a cart for following gravity is insane and clearly just an excuse for the King to add to his cart/ Cash collection. But... lots of people here seem to think that file systems (guns, bleach, kerosene etc) can cause crime. It is Orwellian. BK425

  89. I don't think that. by Perianwyr+Stormcrow · · Score: 1

    I don't think that any technology should be outlawed, just watched and understood.

    Therefore, you are 100% wrong. This correction brought to you by the Right-Winger Group.

    --

    What we call folk wisdom is often no more than a kind of expedient stupidity.-Edward Abbey

  90. winny? by xpyr · · Score: 1

    I thought it said whiny when I read the headline :)

  91. I for one... by wronskyMan · · Score: 1

    you could just come up with a new name for all other applications. ("federated", perhaps?)

    ...welcome our new federation of TCP overlords!

    --
    --- You shall know the truth, and the truth shall make you mad- Neal (not Cowboy) Boortz
  92. Bad faith writing by Geoffreyerffoeg · · Score: 1

    Winny was written in the wake of a WinMX arrest and designed for the purpose of safely illegally trading works. If it had just been $RANDOM_P2P_SOFTWARE it would've been a problem; this, however, was made to violate copyright.

  93. that's what used to make the US free by hak1du · · Score: 1

    Back when the US was still developing and expanding, it didn't give a damn about European copyrights. The land of the free was free because it was in its own economic interest to be so.

    It will be interesting to see whether today's developing nations get away with the same attitude and approach...

  94. Contact to support Mr.47 by DB_researcher · · Score: 1

    A friend of Mr. 47(Mr. Kaneko) issues a call for Supporting Mr.Kaneko(Mr.47) (Japanese Ed.) .
    Now, there is only Japanese edition. I regret that my poor English ability does not allow to prepare English translation of this call. But the friend knows that there are foreign friends, he will prepare English translation.

  95. Mod Parent Up by thedanyes · · Score: 0

    Mod Parent Up

  96. The maintainer of information site was raided on, by Anonymous Coward · · Score: 0

    http://slashdot.jp/articles/04/05/12/0036258.shtml (in Japanese)

    ---
    AC is afraid of the big brother in Kyoto.

  97. Freekaneko.com by Anonymous Coward · · Score: 0

    It's in japanese only but it is a support site for the developer. So far, US$10K donated. It doesn't look like they have a paypal account (yet:-).