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Row Brews Over P2P Advertising

KennyMillar writes "BBC News Online is reporting that advertisers are starting to place ads on P2P networks, because they are so popular. But the owners of paid-for download services are accusing them of "providing 'oxygen' for companies that support illegal downloading.""

185 comments

  1. Yeah Okay by mfh · · Score: 4, Insightful

    Providing oxygen to illegal downloading? Okay the next time you get in a car and drive on a road, you are supporting drunk driving.

    --
    The dangers of knowledge trigger emotional distress in human beings.
    1. Re:Yeah Okay by garcia · · Score: 4, Funny

      Those evil advertisers! They put ads on webpages that serve files via HTTP! OMFG! They are supporting illegal downloading by supporting HTTP!

      We must ban advertising so it stops fueling the rampant illegal downloading.

      Actually, come to think of it, that wouldn't be such a bad idea ;)

    2. Re:Yeah Okay by vanboy · · Score: 1

      Providing oxygen to illegal downloading? Okay the next time you get in a car and drive on a road, you are supporting drunk driving.

      I believe that your analogy is off. The argument being presented in this article is that advertisers are supporting networks/products that allow illegal activity to take place. This has nothing to do with individual action as you suggest with your analogy. It is simply a criticsm of someone (or a group) who is supporting illegal activity with money for advertisement.

    3. Re:Yeah Okay by LeoNomis · · Score: 1

      By oxygen, they mean money. A network might become victim of its' own popularity and not be able to pay its' bandwidth bills (as with SuprNova in its' early days). The people paying for ads on them are helping prevent this collapse.

    4. Re:Yeah Okay by davesplace1 · · Score: 0

      Not everything downloaded on P2P is illegal and advertisers need to be were their customers are.

    5. Re:Yeah Okay by aacool · · Score: 1

      Suprnova has had wierd ads for sometime now - Heightmax being the most common. I guess now ee'll see ads for media from the RIAA & MPAA, with little trackbacks embedded

    6. Re:Yeah Okay by salvorHardin · · Score: 1
      advertisers are supporting networks/products that allow illegal activity to take place.

      Also... SMTP, FTP, HTTP, SMB, TFTP, Telnet, ICMP..etc et cetera ...these also allow illegal activity to take place. I can make illegal content available over IPX/SPX if I really want.

    7. Re:Yeah Okay by themaidtricks · · Score: 1

      We must ban advertising so it stops fueling the rampant illegal downloading. Actually, come to think of it, that wouldn't be such a bad idea ;)

      You can't get rid of advertising.

      It's like a virus.

      A virus that goes from time slot to time slot, sucking up our patience for companies that sell feminine products, forever searching for the correct demographic.

    8. Re:Yeah Okay by geniium · · Score: 1

      no comments... that has nothing to see with the subject.

    9. Re:Yeah Okay by macdaddy357 · · Score: 1
      While they are at it, they need to abolish radio! It too has free music, and advertising! All this free music will kill the recording industry just like public libraries killed the publishing industry!

      Now, seriously. P2P advocates have been saying that file trading is the new radio all along. Companies buying advertising on P2P networks should be all they proof anyone needs.

      --
      How ya like dat?
    10. Re:Yeah Okay by diabolo-nerd · · Score: 1

      This situation is very different because banning advertising on these sites is a lot easier to enforce than drunk driving. Also, only if you drive drunk are you supporting drunk driving.

      --
      "there is nothing to fear but fear itself"- Franklin Delano Roosevelt
  2. Nothing new.... by vision33r · · Score: 3, Funny

    I've already gotten Mobile SMS pop-ups.. "It's inevitable.." - Agent Smith

  3. How dare they??? by Moby+Cock · · Score: 4, Insightful

    How dare they come up with an innovative business model that directly competes with established companies. This isn't a free market here.

    Don't get me wrong though, ads in P2P networks are a huge pain in the ass.

    1. Re:How dare they??? by TheLittleJetson · · Score: 1

      they just decided ads on billboards, tv, radio, web, magazines, newspapers, e-mail, snail-mail, telephone, SMS, instant messaging, sporting events, busses, wasn't enough.

    2. Re:How dare they??? by shark72 · · Score: 1

      "How dare they come up with an innovative business model that directly competes with established companies. This isn't a free market here."

      I know you were being ironic, but you're right. From the Wiki on "free market economy":

      A free market economy is an idealized form of market economy in which buyers and sellers are permitted to carry out transactions based solely on mutual agreement without interventionism in the form of taxes, subsidies, regulation, or government provision of goods or services beyond simply the protection of property rights and enforcement of contracts.

      It's often said on Slashdot that P2P sites whose traffic is primarily unauthorized copyright content is just the free market economy at work, but that's not technically correct. If you're breeching a contract or ignoring somebody's rights by trading music or movies, it can't be rationalized as simply participating in a free market economy.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:How dare they??? by Anonymous Coward · · Score: 0

      > Don't get me wrong though, ads in P2P networks are a huge pain in the ass.

      Eh? In my nearly 5 years of extensive P2P activity, I have never encountered a single ad.

      You just have to make the right choices.

  4. Router Host Blocking by Anonymous Coward · · Score: 5, Interesting

    I upgraded my wrt54g to a newer firmware and one of the features in the it has host blocking. I simply added a list of advertisers to the router block. The first one added was doubleclick.net. Mass advertisging I guess will have to be distributed rather than a single company or I will contiue to block single point companies.

    1. Re:Router Host Blocking by steve6534 · · Score: 1, Interesting

      Another easier was would be to simply blackhole the hostnames in your hosts file. (/etc/hosts in *nix or c:\windows\system32\drivers\etc\hosts in widows). Just use the format of : 0.0.0.0 doubleclick.net This will prevent these sites from being contacted

    2. Re:Router Host Blocking by Anonymous Coward · · Score: 1, Informative

      Yea, but it stops you from even going to a number of sites. There are sites that if you don't get the doubleclick ad, the website content you are after will not display.

      I had Doubleclick blocked company wide for some time. Once they started doing this I got a number of complaints. Packetsniffing showed redirects to doubleclick.

    3. Re:Router Host Blocking by neema · · Score: 1

      Or just use the Adblock extension for Firefox. It is by far the greatest way to block advertisers. With some use of a few wildcard you can browse nearly ad free. One of the more useful extensions, in my opinion.

    4. Re:Router Host Blocking by Anonymous Coward · · Score: 0

      If enough people block these sites then they will fade into noexcitence. What you did was correct in blocking the site; just tell the enduser that the router blocks suspected trojan sites and they will say ohhhh thanks maaan.

    5. Re:Router Host Blocking by Aeiri · · Score: 1

      Not if you limit all your connections via firewall not to just simple ports (such as port 80 for web), but to just certain computers as well. I use a very strict set of rules I made using iptables and in order to use the internet, I use a proxy.

      So AdBlock is a very useful tool for some people.

  5. Re:FP by Savant-Ben · · Score: 4, Insightful

    As for the advertising. Well my bittorrent client has no images, I can turn adverts off with Mozilla on web pages, so I'm fairly free. There are ads all over the internet now, why is this any different.. Now if they started inserting ad breaks into a film I downloaded that may be a different matter.

  6. And you thought the trojans and spyware were bad.. by BalorTFL · · Score: 5, Interesting

    ...wait until the ads start popping up. Unwanted advertising seems to infect every aspect of our lives. On the other hand, is this a sign that P2P is gradually becoming legitimatized? If major companies start promoting their products on your favorite P2P program, then perhaps the **IA will be less inclined to sue. We can only hope...

  7. Cash, dosh, greenbacks by Jacques+Chester · · Score: 2, Insightful

    Never heard money called "oxygen" before.

    --

    Classical Liberalism: All your base are belong to you.

    1. Re:Cash, dosh, greenbacks by zbyte64 · · Score: 1

      Maybe its a freudian slip...
      Im sure taxing oxygen fits into their plan somewhere

      Ok that was an unfair remark, on a more serious note
      What about open source p2p clients? How will these be plastered with advertisements?
      The other thing is they are baseing this off the same arguments, that p2p is only good for illegal stuff, didn't they already rule that wasn't true?

    2. Re:Cash, dosh, greenbacks by BigASS · · Score: 0, Offtopic

      "Illegal file-sharers steal millions of pounds worth of music through these services."

      Wow, I've never heard of such strong file-sharers. They must be lifting weights or something.

      (Rimshot)

      --
      - Don't anthropomorphize computers, they don't like it.
    3. Re:Cash, dosh, greenbacks by badzilla · · Score: 1

      It's a quote from Margaret Thatcher, in the context of "[we will] starve these terrorists of the oxygen of publicity."

      --
      "Don't belong. Never join. Think for yourself. Peace." V.Stone, Microsoft Corporation
  8. This should be fun by Timesprout · · Score: 5, Insightful

    On one side amoral advertisers who will stoop to any measure to get their 'message' across. On the other possibly the greediest most conniving industry in the world. Lets hope they do some serious damage to each other.

    --
    Do not try to read the dupe, thats impossible. Instead, only try to realize the truth
    What truth?
    There is no dupe
    1. Re:This should be fun by brxndxn · · Score: 1

      Ya.. I'm all for massive damage on both sides. Now, if we could somehow add Microsoft and Clear Channel to the mix, we could see consumers making progress in the marketplace.

      --
      --- We need more Ron Paul!
    2. Re:This should be fun by gosand · · Score: 2, Insightful
      On one side amoral advertisers who will stoop to any measure to get their 'message' across. On the other possibly the greediest most conniving industry in the world. Lets hope they do some serious damage to each other.

      Because it works.

      We are swaddled in consumerism, what do you expect? Take your kids to watch the latest tripe at the theater, and afterwards drive them straight to McDonalds in your SUV while sipping your Starbucks and talking on your cellphone in order to buy them promotional toys from the movie you just watched. Our society enables that industry to exist. You can certainly complain about it, but what are YOU doing to stop it?

      --

      My beliefs do not require that you agree with them.

    3. Re:This should be fun by danheskett · · Score: 1

      Not only that, but alot of people don't find anything offensive about what you mentioned. More than most - probably a massive percentage - of people are likely thinking: "So?" when you tell a story like that.

    4. Re:This should be fun by glrotate · · Score: 1

      What's offensive about it. I enjoy my SUV, starbucks and the occasional Big Mac. Sorry if you have a problem with it, but if you are offended by it then it's probably one of many.

  9. Ad problems by geraldkw · · Score: 2, Insightful

    It seems like these ads are likely to push everyone the way they are already headed, more towards bittorrent over centralized P2P networks. geraldkw

    1. Re:Ad problems by Anonymous Coward · · Score: 0

      Right, but the common web sources for .torrent files are already covered in ads.

    2. Re:Ad problems by AndyBassTbn · · Score: 1

      While I agree with you, we ought not to forget that finding Torrents and trackers often requires visting websites LOADED with banner ads, and often, automatic spyware/malware installers.

      Yes, we already use FireFox and have our security patches installed, so adware, spyware, malware aren't a big issue. (insert snickering here)

      Yeah, Kazaa and the like install a metric shitload of adware/spyware as it is. However, the migration to bittorrent could offer a much more dubious alternative, especially when many of the trackers I see nowadays are based in Russia and the Ukraine.

      Of course, one MIGHT argue that P2P copyright violators deserve what they get... but that's another arguement for another time....

      --
      I hope the land around you yields, a crop like all the other fields, and then your waiting might make sense...
  10. Make lemonade by FunWithHeadlines · · Score: 3, Insightful
    We all hate advertising, yadda, yadda, yadda. Ignore that. Think of the big picture here:

    "Paul Myers, chief executive of Wippit - a peer to peer service which provides paid-for music downloads - believes it is time advertisers stopped providing 'oxygen' for companies that support illegal downloading.

    "You may be surprised to know that current advertisers on the most popular peer to peer service eDonkey who now steadfastly support copyright theft with real cash money include Nat West, Vodafone, O2, First Direct, NTL, and Renault," he said in an open letter to the British Phonographic Industry last month.

    He urged people to follow his lead and 'dump' brands associated with companies such as eDonkey.

    'Networks like eDonkey, Kazaa and Grokster facilitate illegal filesharing. The BPI strongly believes that any reputable company should look carefully at the support they are giving these networks through their advertising revenue," it said in a statement. "

    Self-serving words aside, he's got a point. If advertisers want to place themselves on P2P networks, doesn't that legitimize them? The next time Congress tries to declare P2P an outlaw technology, just say, "But it's got mainstream advertising! It must be legitimate. Money makes the world go round, right Congressman? You wouldn't want to outlaw an outlet for advertising dollars, would you?"

    1. Re:Make lemonade by Anonymous Coward · · Score: 0

      Self-serving words aside, he's got a point. If advertisers want to place themselves on P2P networks, doesn't that legitimize them? The next time Congress tries to declare P2P an outlaw technology, just say, "But it's got mainstream advertising! It must be legitimate. Money makes the world go round, right Congressman? You wouldn't want to outlaw an outlet for advertising dollars, would you?"

      Excuse me? Does "innocent until proven guilty" mean anything to you?
      Just because P2P networks are disputed doesn't mean advertisers have a moral duty not to support them. It's not their job to worry about corruption and conflicting interests in Congress and the courts. And even if a law comes out that declares these networks illegal, it will still be the police's job to take them down, not advertisers!

    2. Re:Make lemonade by Anonymous Coward · · Score: 0

      "real cash money"

      'Nuff said.

  11. Re:And you thought the trojans and spyware were ba by krymsin01 · · Score: 2, Insightful
    then perhaps the **IA will be less inclined to sue. We can only hope...
    Uh, no. That just means there is more money out there that the **IAs think is being stolen from them.
    --
    stuff
  12. not that this would actually work by eobanb · · Score: 2, Insightful

    Not that this would actually work very well.

    Think about all the different peer-to-peer systems in use. Gnutella, BitTorrent, Fasttrack, etc... The people using KaZaA Media Desktop are already seeing ads. Same with Limewire Basic. But all the rest, Shareaza on Windows, probably every implentation of BitTorrent, Acquisition on Mac OS X....how the hell are you going to insert ads into these programs?

    ...Unless these ads are just going to consist of miniscule files with keywords and a URL in the file name, that dominate your search results? That's more just spamming than anything else. I don't see how that'd be much in the way of an effective delivery method for advertisements. It's unreliable, most p2p clients don't have a provision for being able to click a link in a file name in search results window and send that to your browser.

    I'd say most people that are smart enough to use various p2p systems in the first place are probably going to go for an open and free network instead of some proprietary bullshit from some dot-com, and avoid all these ads entirely. Bottom line, unethical, impractical, just plain dumb. Never going to happen.

    --

    Take off every sig. For great justice.

    1. Re:not that this would actually work by LiquidCoooled · · Score: 1

      I think they mean the adbar at the top of these programs.

      I initially pondered about how they get the adverts in, but then I remembered, its in the place where you used to see "XBOX/PS2 CHIPPING $20" or whatever crap it was.

      Its not possible directly in BT, but it sure as hell is in the torrent link pages like suprnova, man, those pages are awful, and they have an 8second rotation, the screen jumps around like a hyperactive squirrel.

      --
      liqbase :: faster than paper
    2. Re:not that this would actually work by bitingduck · · Score: 1

      I'd say most people that are smart enough to use various p2p systems in the first place are probably going to go for an open and free network instead...Never going to happen.

      That's exactly what all the tech geeks (me among them) said about AOL-- "why would you use that expensive, crippled service that directs you to the content they want to sell you. There are all these great, open BBS's that are free and gushing with cool stuff". People who want it to be an appliance that they don't have to think about in order to get some entertainment from it.

    3. Re:not that this would actually work by Politburo · · Score: 1

      I'd say most people that are smart enough to use various p2p systems in the first place are probably going to go for an open and free network instead of some proprietary bullshit from some dot-com, and avoid all these ads entirely.

      I'd say that people will use whatever works, regardless of advertising. I say this based on personal preference, and past history of consumer reaction to advertising. I really don't know what it is about ads that bothers some of you people so much, but most of us really aren't bothered by them. I don't even notice the ads on the top and side of slashdot, or CNN, or anything else. As long as it isn't popping up (or floating above like the newer ads), I could care less, and in fact, I encourage it, because I do not want to see more sites and services go to a subscription model.

      Given the choice between non-obstrusive ads and subscribing, I'll take ads any day. When the ads begin to overtake the content, that's when I move elsewhere.

    4. Re:not that this would actually work by thoromyr · · Score: 1

      I agree completely. I don't really even notice the ads. At least, not since I learned how to tweak the css... you mean slashdot has ads?

      thoromyr

    5. Re:not that this would actually work by Mryll · · Score: 1

      It would be nasty if they got clever enough to inject ads into media files that people would want to watch/listen to.

  13. I'm sorry, but by madaxe42 · · Score: 4, Insightful

    How is this any different to government adverts on late night tv in the uk? Are the government trying to encourage people to stay up late watching pr0n on channel 5, in order that they watch their adverts? Because, if they are, that's morally reprehensable, and obscene, and the government clearly supports pr0n, so I Object!

    1. Re:I'm sorry, but by Anonymous Coward · · Score: 0

      Well the next step, according to the article, would be to boycott UK govt products. Seriously, who would boycott advertisers who place ads on p2p networks? Oh no, corporate stranglehold on content via copyright monopoly has been loosened, must boycott advertisers! Im not really connecting the dots here.

    2. Re:I'm sorry, but by Anonymous Coward · · Score: 0

      PBS affiliates used to lease their signal to pr0n at early morning hours to help offset costs.

  14. Proves that Bittorrent will be the next big thing by Nemesis099 · · Score: 0

    I never really used the P2P clients but I like bittorrent but I have noticed that some bittorrent places are now pay sites to get the torrents. Makes you wonder if these will also become legit because they make money.

  15. Re:FP by RichDice · · Score: 3, Interesting
    Now if they started inserting ad breaks into a film I downloaded that may be a different matter.

    They do. It's called "product placement." E.g. ever notice how (almost) every computer ever shown in movie or TV show is a Mac?

    Cheers,
    Richard

  16. Ads... by ZiakII · · Score: 2, Insightful

    I don't see a reason for compaines to try to use ads in p2p, since most of the users are just teenagers getting music and have little money to begin with, most adults are to afraid to use p2p because they see it in the news with the lawsuits going on with the RIAA, In my oppion i'll just stick with torrents its nice, spyware free and the system works a hell of alot beter and you know the file your revieing works unlike the .mp3s going around on kazaa.

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

      On the contrary, teenagers have a huge influence on consumer spending. The money may not pass through their hands directly, but they pick where their parents buy their clothes, or what they get for Christmas.

    2. Re:Ads... by NamShubCMX · · Score: 1
      I don't see a reason for compaines to try to use ads in p2p, since most of the users are just teenagers getting music and have little money to begin with

      Daddy, can you buy me...

      Children nagging is one of the most profitable form of advertising. (Because it's way more easier to buy the stuff to shut them up than to teach them to not be the consumerist freaks they will become).

      Awful grammar, sorry, English = 2nd lang.

      --
      We've always been at war with Eurasia.
    3. Re:Ads... by realityfighter · · Score: 1

      most of the users are just teenagers getting music and have little money to begin with,

      That explains why teenagers 14-25 are the most sought-after advertising demographic, I presume?

      --
      A strain of paranoid prevention can be worse than the disease, whate'er the intention.
  17. "support illegal downloading' my ass by nurb432 · · Score: 4, Interesting

    The last thing I got via a P2P network was a free application for BSD.. Which was copyrighted of course..

    Don't see anything illegal with that.

    The last MP3 I got, was from a band sponsored website ' please download these and do what you want with them , share them.. burn them.. and if you like it come back and buy our album " Their music is ALSO copyrighted..

    Enough with the 'its all copyright piracy' arguments already..

    And this doesnt even touch the argument that even downloading 'restricted' media may actually be legal anyway in many cases, regardless of what the RIAA/MPAA thinks..

    --
    ---- Booth was a patriot ----
    1. Re:"support illegal downloading' my ass by Anonymous Coward · · Score: 0

      Look, it's another sample of one who thinks that his behavior is typical.

    2. Re:"support illegal downloading' my ass by bitingduck · · Score: 1

      Enough with the 'its all copyright piracy' arguments already..

      Yeah-- there are plenty of legally downloadable and tradeable things.

      There are a reasonable number (and probably increasing) of bands that put downloads on their sites and don't put restrictions, or if they're enlightened put a creative commons "some rights reserved" notice. They're counting on you liking their music and being willing to pay later to get more (and plenty of people will if it's any good).

    3. Re:"support illegal downloading' my ass by shark72 · · Score: 1

      "Enough with the 'its all copyright piracy' arguments already."

      Fair enough. The vast majority of it is copyright piracy.

      If, magically, all the unauthorized copyrighted content were to disappear off of Kazaa tomorrow, traffic would virtually disappear, they would no longer be able to collect ad revenue, and they'd no longer have a business model. It's the ad revenue that keeps Sharman Networks (a for-profit company whose founders are very, very rich) afloat, and it's not those Linux distros that's driving 99% of the Kazaa traffic -- it's the movies and music being distributed without the owner's permission.

      --
      Sitting in my day care, the art is decopainted.
    4. Re:"support illegal downloading' my ass by Anonymous Coward · · Score: 0

      another sample of one

      Think about that one once more... again... now think about it once more... are you realizing you're thinking about it more than once by summing them up? Or are you missing that one too?

  18. Surprising stance.. by Bloke+in+a+box · · Score: 1

    It's interesting to see that advert companies are taking this stance. I'm guessing they've realised that P2P is very unlikely to ever be stamped out properly (especially with millions more people every day gaining access to the net) so why not cash in on something that is theoretically 'legal' (until the users themselves share copyrighted material).

  19. The RIAA should buy P2P advertising... by tdvaughan · · Score: 3, Funny

    ...after all, an advert saying "We can see what you're sharing" would probably scare plenty of the less clueful P2P users. Whether the P2P networks would accept advertising from them would be an interesting question - if, as they claim, their intention is for legitimate file sharing only then they wouldn't really have a leg to stand on if they wanted to refuse it.

    1. Re:The RIAA should buy P2P advertising... by Paco103 · · Score: 1

      And then the next time the RIAA sues them, they'll be able to say "Well, at least we gave them all the money they need to fight back at us with!"

      I'm sure they want a fair fight!

    2. Re:The RIAA should buy P2P advertising... by ChrisPee · · Score: 1
      ...an advert saying "We can see what you're sharing" would probably scare plenty of the less clueful P2P users.
      Since that statement is technically true, shouldn't it scare even the "clueful" infringers?
    3. Re:The RIAA should buy P2P advertising... by drinkypoo · · Score: 1

      if, as they claim, their intention is for legitimate file sharing only then they wouldn't really have a leg to stand on if they wanted to refuse it.

      I believe this is the conversational gambit called a straw man. If, as they claim, their intention is for legitimate file sharing, they would still have good reason to refuse it - do you really think the legitimate users want to deal with that kind of crap looking at them? Like they want the feds to know they download 2 Live Crew mp3s?

      Nice try though.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  20. FlyPosting by KennyMillar · · Score: 1

    I guess it's a bit like fly posting.

    1. Re:FlyPosting by joemck · · Score: 1

      Exactly. It sounds like the "advertisers" are flooding the networks with ad images labelled as porn. And yet, when their junk torrents get deleted from the trackers or their IPs make it into the K-Lite Bad IP Blocker, their spam will slowly disappear from the networks as people notice it's an ad and delete it. Their only chance is to make it funny so people will *want* to look at it.

      P2p's illegal, they say? When did this happen? Just recently a judge ruled that it's legal. Last thing I downloaded on BitTorrent was Slackware 10. And before that, Linspire. Both of those are legal torrents supplied by the creators of the files, to reduce the load on their servers. P2p is legal and will remain legal as long as the Betamax decision's precedent stands.

    2. Re:FlyPosting by KennyMillar · · Score: 1

      Yeah I totally agree.
      Next they will be suing the broadband providers for facilitating the always on connections and bandwidth required!

  21. Perhaps this should be encouraged. by 91degrees · · Score: 1

    It seems that P2P apps are legal, and they look likely to stay that way. Therefore, corporate ethics states that there's no reason not to advertise on them since supporting a legal service through legal means is generally considered to be legal. There's not a lot that the various 'AA's can do about it. They're the last organisations that have the right to criticise others for only caring about the bottom line.

    On the plus side, it does mean that the P2P companies have some worthwhile income. The record industry would have much more sympathy if it claimed that it had a right to a percentage of that income.

    1. Re:Perhaps this should be encouraged. by cpt+kangarooski · · Score: 2, Insightful

      It seems that P2P apps are legal, and they look likely to stay that way.

      No, they're neither legal nor illegal per se. Some P2P apps may be illegal (Napster) whilst others are legal (Grokster). The reasons for why their legality differs isn't to do with their being P2P programs, it's something slightly different.

      The developer of such software can be held liable for the copyright infringement of the users in either or both of two situations:

      1) Contributory liability stands where the developer knows of or has reason to know of the infringing activity, and at that time induces, causes, or materially contributes to the infringing activity.

      The Sony case held that where a technology is developed that has potential, substantial noninfringing uses, the mere fact that it can be used in an infringing manner isn't sufficient to show knowledge.

      However, the Napster case held that where the developer has actual knowledge of the infringement and the knowledge requirement is satisfied.

      Grokster, following both Sony and Napster, pointed out that the actual knowledge must exist at a time when the material contribution is made, or else there is no duty by the developer to avoid such contribution. Since their software is designed in such a way that by the time they receive such knowledge they can no longer do anything about it and are no longer contributing to it, the developer is safe -- if he has carefully limited his involvement with the P2P network. Napster was too closely involved with their network, and thus were contributorially liable.

      Grokster -- which I should point out is the weakest of the cases cited here -- also opined that mere software development without involvement as to the network wasn't a material contribution.

      2) Vicarious liability stands where a developer has the right and ability to control whether infringement occurs, regardless of whether he has knowledge of it, and where he has a direct financial interest in the infringement.

      Sony is not applicable to this form of liability, as the Napster case pointed out. This is because knowledge is not a factor.

      Again, what might protect a developer is the lack of a right and ability to control whether infringement occurs. Napster, which could ban users and files, clearly did have such right and control. Coupled with the premise that their interest in the infringement was to draw in users who would eventually pay or be advertised to, Napster was found liable.

      Most P2P developers are paying attention to the fallout of Napster to avoid the pitfalls that did it in. Those pitfalls still exist, and thus great caution should be taken since you cannot blithely assume any given P2P app is itself legal to create and support. Its architecture and your business practices are important.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    2. Re:Perhaps this should be encouraged. by drinkypoo · · Score: 1

      Some P2P apps may be illegal (Napster) whilst others are legal (Grokster).

      Uh no. Napter the site was illegal. Napster the application was just fine.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Perhaps this should be encouraged. by cpt+kangarooski · · Score: 1

      Well, neither really. To be more precise, it was the business practices of Napster the company as executed via how they designed and kept control over their network.

      Since the Napster app is more or less useless without a network that would give rise to liability, I don't think it's entirely inappropriate to lump 'em in together. Napster was basically the whole package.

      Now we have developers making software and avoiding the network, and they're fine. The people involved with the P2P network are still potentially or certainly in danger due to their practices (depending on what goes on and what their involvement is), but the developers can at least say now 'thank God that's not us, the poor bastards.'

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    4. Re:Perhaps this should be encouraged. by drinkypoo · · Score: 1

      You can use the napster client with opennap servers to get the napster experience (albeit on a small scale) and the use of the network is not prohibited by law, though of course any copyright violations are still your problem :)

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    5. Re:Perhaps this should be encouraged. by cpt+kangarooski · · Score: 1

      I'm not familiar with Opennap.

      IIRC the Napster architecture relied on centralized servers with listings of what was being shared. Presumably Opennap has similar servers, so as to continue to work with the unchanged Napster clients (though perhaps the servers are on a smaller scale and there are multiple networks). Whoever's running them is in the same position Napster was. And of course users are breaking the law just as much as they were under Napster.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:Perhaps this should be encouraged. by drinkypoo · · Score: 1

      Opennap works the same as napster, with centralized servers. The legal issues are the same. But, as I previously stated, it's still not the tool which is against the law here, but the use to which it is put. This is not a CSS kind of thing. The tool is legal unless the way it was created was illegal, not just because it's used for illegal purposes.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    7. Re:Perhaps this should be encouraged. by cpt+kangarooski · · Score: 1

      it's still not the tool which is against the law here, but the use to which it is put.

      I'd agree for the most part, but I'd be cautious about going too far. I don't think there's a good basis for an absolute statement, just a broad one.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    8. Re:Perhaps this should be encouraged. by drinkypoo · · Score: 1

      There are probably some things which can only be used for ill, but I doubt it. More likely, there are some things it is unnecessary to use because there are cheaper, functionally equivalent, less dangerous alternatives. No piece of computer software, however, has only ill uses, and supersession is not a good reason to abandon software.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  22. And who are they competing with? by JeanPaulBob · · Score: 3, Insightful

    If their "competition" is the music industry, then their product is something to which they don't own the rights.

    If it's not the music industry, then you're talking out your ass.

    1. Re:And who are they competing with? by Anonymous Coward · · Score: 0

      If their "competition" is the music industry, then their product is something to which they don't own the rights.

      You are assuming no parts of the music industry allow redistribution. That is not true.

      If it's not the music industry, then you're talking out your ass.

      Since when is P2P automatically music-only? I read "an innovative business model that directly competes with established companies" as a way of profiting by leveraging the otherwise-unused upstream bandwidth of end-users to compete with other mirroring businesses like Akamai.

    2. Re:And who are they competing with? by Famatra · · Score: 3, Insightful

      "If their "competition" is the music industry,"

      You are wrong, it is an apt analogy. Both P2P and the music industry are 'middle men' / wholesalers whose job is to pair up music creators / artists and music consumers.

      If the music companies cannot cope with these new middle men then that is unfortueant, for them. Whether it is unfortuant for artists remains to be seen :).

    3. Re:And who are they competing with? by JeanPaulBob · · Score: 1

      I didn't say that free P2P+ads isn't viable model--I don't really have an opinion on that. The point is that right now, most P2P companies aren't middle-men, because they're not paying the artists whose music they're distributing.

    4. Re:And who are they competing with? by JeanPaulBob · · Score: 1

      That'll teach me not to hit Preview.

    5. Re:And who are they competing with? by bitingduck · · Score: 1

      The point is that right now, most P2P companies aren't middle-men, because they're not paying the artists whose music they're distributing.

      And neither are the major labels. Most artists don't get jack from the CD sales (and many end up "owing" the labels money). If they get anything it's from publishing royalties (paid through ASCAP/BMI).

      Do a quick search using "Steve Albini Problem with music".

      Also, watch "Bands Reunited"-- look at what all those people are doing. Most of them are actually pretty responsible adults in regular jobs, who sometimes continue to play music as a hobby, but few of them are rich, despite having been quite popular at one point and being part of the back-catalog of the record labels. I doubt that most of them squandered their money from their hits-- they just didn't get paid all that much.

    6. Re:And who are they competing with? by Anonymous Coward · · Score: 0
      "And neither are the major labels. Most artists don't get jack from the CD sales (and many end up "owing" the labels money). If they get anything it's from publishing royalties (paid through ASCAP/BMI)."

      So the artists are better off releasing via P2P? (At least they don't end up owing money to their "publisher" that way.)

    7. Re:And who are they competing with? by superpulpsicle · · Score: 1

      Maybe the artist slept with the producer.

      Maybe the artist is best friend with the DJ.

      Maybe the artist kiss alot of ass.

      For political reasons, it's always the same artists being marketed by the music industry. P2P and iTunes give me a chance to listen to the work of so many good hidden artists that were not worthy of producer's time.

    8. Re:And who are they competing with? by bitingduck · · Score: 1

      So the artists are better off releasing via P2P?

      Maybe. Only time will tell.

      Lots of artists self-produce/self publish. Some of them even make money at it, or at least don't lose money, and retain a lot more control over their work.

      There were some articles in the LA Weekly a month or two ago about how CD sales are starting back upward, but the top selling stuff is selling less than ever, while the number of things way down the charts that's selling well is increasing, much of it going to people on "boutique" or indy labels.

    9. Re:And who are they competing with? by einhverfr · · Score: 1

      I didn't say that free P2P+ads isn't viable model--I don't really have an opinion on that. The point is that right now, most P2P companies aren't middle-men, because they're not paying the artists whose music they're distributing.

      Your point is? Most artists don't get a dime from record deals.....

      There are two issues here. The first is that the *vast* majority of music which circulates these networks is distributed without permission. This is a problem because it provides ammunition to the RIAA, et. al. and also doesn't really provide an opt-out for people looking for a better system.

      But-- there is a growing community of artists who *do* give permission for their music to be distributed on P2P networks. This is the greatest threat to the existance of the major record labels to date because the RIAA is *nothing* without their intellectual property rights. The way that legitimate internet distribution competes with the RIAA can only be compared to Linux vs. Windows in that it too is still in its infancy but is beginning to take off.

      I expect that within 10 years, the majority of music will be licensed under open content licenses and the record labels will be in deep doo-doo.....

      --

      LedgerSMB: Open source Accounting/ERP
    10. Re:And who are they competing with? by einhverfr · · Score: 1

      As a side note-- when I say Linux is just beginnign to take off, I realize that it has been the mainstay of some markets for a while now. I am referring primarily to:

      1) Desktop market
      2) Enterprise business tools servers (dynamic web pages, file and print servers, etc)

      Linux v. UNIX is the battle of the past. But Linux is just beginning to attack Windows on its home turf.

      --

      LedgerSMB: Open source Accounting/ERP
    11. Re:And who are they competing with? by Anonymous Coward · · Score: 0

      Matador and Merge are selling cds like hotcakes man. Everyone wants in on the neo-post-punk(yeah, actual term) explosion.

      All the guys who started some indie labels years ago for their own bands and then signed some trendies are now rolling in cash: they don't even have bands anymore...

    12. Re:And who are they competing with? by radish · · Score: 1

      That's like calling car gangs who steal Porsche's to order "competitors" to the dealers.

      --

      ---- Den ene knappen er powerknapp, den andre er Bender voice knapp "Bite My Shiny Metal Ass"

    13. Re:And who are they competing with? by Anonymous Coward · · Score: 0

      "steal"

      Lordy, with a 5 digit nick you'd think you would realize:

      copyright infrindgement =! stealing

    14. Re:And who are they competing with? by Anonymous Coward · · Score: 0

      Not only that, but P2P companies aren't even the ones doing the infrindging. ;)

    15. Re:And who are they competing with? by geekee · · Score: 1

      So if I shoplift Walmart and sell for half price, I'm a legitimate competitor to Walmart?

      --
      Vote for Pedro
    16. Re:And who are they competing with? by Anonymous Coward · · Score: 0

      Elton John spends $100,000 a year on flowers, and he's not getting any money from the labels? People are so stupid it hurts to read their comments.

    17. Re:And who are they competing with? by Anonymous Coward · · Score: 0

      No, it's more like calling used cd shops "competitors" to the RIAA. Just like P2P networks, they take anonymous goods that may or may not be legal, and distribute them.

      You should be thrown in jail for several life sentences for libel, and fined several million dollars for using that car company's registered trademark as an example of a car that may be stolen.

  23. Re:And you thought the trojans and spyware were ba by Ignignot · · Score: 3, Funny

    I can't understand how people wouldn't want advertising added to their P2P, their IM, and their cell phone! I personally get many interesting offers every day and I'm sure to buy things that way, because that's how you get the best deals!!! Just the other day I got a movie popup on AIM and it was all about the Polar Express movie and so I immediately went out and watched it and let me tell you it was quite a good movie for me to watch and touching too! Then I was browsing msnbc.com and I got ads for a new Jeep Liberty which now I want to buy because it is trail rated and that is important to me! I didn't realize there was such a thing as trail rating for cars but apparently there is and my current honda civic that I added a sweet spoiler to is simply not going to cut it on the trails. I can't wait until I get lots of offers on my phone and on my P2P because that's basically all I do is txt people on the phone and then download the coolest songs by aviril lavigne, who is awesome. Her and jessica simpson are my playlist right now ever seence I saw jessica's cd in 7-11 where I hang out when I'm txting and downloading things. I'm gunna go now bcause I want to find any P2P clients with advertising, people please respond with links to them! THanks!

    --
    I submitted this story last night, and it didn't get posted.
  24. You Can Always Tell the Beeb... by Anonymous Coward · · Score: 0

    ...by the use of the word "row."

  25. Obvious solution by ajs · · Score: 4, Interesting

    So the obvious solution is for media companies and studios to start building P2P broadcast stations that produce such high-quality entertainment that a) it can generate huge ad revenues and b) it drowns out the illegal stuff... right?

    Why they should do this:

    1. They're not restricted in terms of media. They can ship any audio, video, text, software, etc. media that the "viewers" can open.
    2. They have a leg-up on illegal files because they can provide several stable download points (perhaps even using something like Akamai) that make their files faster to download.
    3. There is no uplink lag
    4. Uplink equipment cost is trivial by comparison with a broadcast or even cable station.
    5. Ad revenues can be tied to more reliable measures of the viewer base than with broadcast or television. Neilsen would love this, as would advertisers.
    6. You get to leap-frog HDTV and go to better digital formats long before HDTV telvisions have saturated the market.

    There are more, subtler advantages, but I think any Hollywood MBA worth is diploma should be able to see them.

    1. Re:Obvious solution by Anonymous Coward · · Score: 0

      So the obvious solution is for media companies and studios to start building P2P broadcast stations that produce such high-quality entertainment that a) it can generate huge ad revenues and b) it drowns out the illegal stuff... right?

      They could also broadcast without ads for a small download fee. Lots of downloaders (including myself) would pay a small sum for every download if the quality and the download speed is guaranteed.

      I don't live in the US, but there are a few US shows which interest me and I don't want to wait months until it reaches the country I'm living in and don't want to wait for the DVD either. I want my content now and I'm willing to pay a moderate fee for it. Millions of downloaders paying little sums for a show can result in a hefty revenue.

      I think this is the future of television: direct downloads of shows for interested parties. Small fee, no ads.

    2. Re:Obvious solution by ajs · · Score: 1

      They could also broadcast without ads for a small download fee.

      Then it wouldn't be a true P2P network. I'm talking about something like Gnutella, not a proprietary download service (that's been tried... and failed).

      P2P is just so much more resilient and costs so much less in terms of bandwidth that I can't see anything else flying. Plus, the goal is to drown out the illegal sharing with quality, legal content. That requires sharing over the same networks as the illegal stuff.

      I think this is the future of television: direct downloads of shows for interested parties. Small fee, no ads.

      I think the pay-TV model is dead, but it could come to pass that Cable companies (now that they pretty much own the residential Internet business, at least in the US) would decide to host shows the same way they carry pay cable channels like HBO or Showtime.

  26. Pfff by SmallFurryCreature · · Score: 5, Interesting
    What is this guy smoking? The music industry got its head so far up its ass they just can't see that the world has changed.

    Not that I ever seen big companies put ads on P2P sites but if they do it is a sure sign that the music industry is now considered worthy of being ripped off by both consumers and other industries.

    Lets face it. File sharing is good business. ISP's and telecoms make money off it. Recordable CD/DVD makers earn from every burned game/movie/cd. Burner makers profit. HD makers profit. Modem makers profit. Cable companies making the cables being rolled out to support our ever increasing data needs profit. Streetmakers profit because cables go underground.

    Everybody is making money of filesharing except the music industry and now even totally unrelated industries are finding ways to make a buck out of it. It makes sense for a mobile phone company to advertise to music file sharers. Kids who don't spend money on overpriced cd's DO spend it on SMS packages.

    Music industry wake up. Nobody likes you or your product. Get with the times or die. When the first cars arrived I bet the horse industry held similar pleas and nobody cared back then either.

    Want to beat filesharing? I got a very simple solution. Get rid of pre-pressed cd's. Put 1 big central computer in each record labels basement wich contains all their songs ever recorded. Put smaller computers hooked up to the net in each point of sale. Give it a few terrabyte cache with the best sellers. Put up several terminals for people to browse the catalogs and sample songs. On request burn or upload selected songs to the buyer. Songs in the cache cost no extra bandwidth and HD space is cheap. Songs downloaded cost peanuts.

    Every point of sale will have an infinite stock and be able to sell to every type of music lover. No longer problems with over or understocking. No stolen cd cases.

    A simple business model and one the point of sales people love. They have been suggesting this for a long time and several have tried.

    But the music industry doesn't want it. It prefers to cling on to the old model. Some horse cart makers turned to making horseless carriages and survived, some didn't. Do we really care about the losers?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

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

      If no one likes what they produce, why do so many steal it?

      If it was worthless large numbers of people would not steal it...

    2. Re:Pfff by jimicus · · Score: 2, Insightful

      Hate to say it, but this is exactly the kind of logic the **AA have been using for the last few years.

      It breaks down because, as any businessman will tell you, the number of people prepared to pay £X for a product is a subset of the number of people prepared to pay £(X-N). How much they want the product is of secondary importance.

      When N actually hits X (ie. the product is free), the number of people prepared to give the product a try is huge. However, that doesn't mean that the number of people prepared to buy the product at full price has gone up. In fact, if there's any competition in the market, a lousy product may actually be harmed by this because it's easy for the customer to see that the product is a con at full price.

    3. Re:Pfff by yoshi_mon · · Score: 2, Informative

      Music industry wake up. Nobody likes you or your product. Get with the times or die. When the first cars arrived I bet the horse industry held similar pleas and nobody cared back then either.

      As a matter of fact...

      In England at the time of the automobiles debut the horse and carriage industry was so dismayed that they forced a law though parliament that required anyone who was driving an automobile at the time to have someone walking in front carrying a red lantern.

      Of course the law itself was cloaked in a lot of sanctimonious bs about safety. But obviously it's real reason was clear, to make the option of driving an automobile so horribly inconvenient that nobody would buy them.

      Well obviously this set England's own automotive technology back and eventually was repealed after it became clear that the automobile was here to stay. Still goes to show that history has a way of repeating itself.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    4. Re:Pfff by ajs318 · · Score: 1
      There's a simple way around that which would allow any content-creator to be paid for their work. All that is required is a secure way to arrange small monetary transactions. It works like this:
      1. Band announce that they have an album ready, and will release it to the world as soon as £X has been raised in pledges.
      2. Punters pledge a fixed amount of money each -- no more than they'd be prepared never to see again if the worst happened -- which is held in limbo until the next step is completed.
      3. Either the target is reached, the album is released and the money goes to the band; or the target is not reached, the album is not released and all monies pledged are refunded.
      After the release of the album, copies could be made available for paid download for a nominal fee {which would go straight to the band}. Since the majority of people don't actually begrudge bands the pittance they get under the present regime {it's just the fatcat middlemen we can't stand}, the system ought to work OK.
      --
      Je fume. Tu fumes. Nous fûmes!
    5. Re:Pfff by Tim+C · · Score: 1

      Nobody likes you or your product.

      Then what, exactly, is it that all the p2p users are sharing?

      The problem isn't that nobody likes the product - they demonstrably do - but that now that they can get it for free, a lot of them are going to do just that. Whether that's because they're all protesting against perceived over-charging or not is largely immaterial. There clearly is a demand for the product, just not at *that* price. Whether there would be a demand at *any* price other than free is a different question.

  27. Re:Proves that Bittorrent will be the next big thi by halivar · · Score: 1

    Likely as not, you typed suprnova.com or .net instead of .org.

  28. the have ads in movies = product placement by Anonymous Coward · · Score: 0

    yeah I saw I, Robot too. but at least product placement isn't taking up a portion of the screen blocking my movie. I have no problems with PP. it's stupid.. but no problems with it. Really good movies will tend not to have PP.

    The Wolfkin

    1. Re:the have ads in movies = product placement by Technician · · Score: 1

      Really good movies will tend not to have PP.


      And some of the blockbusters have lots of PP. When PP was in it's infancy, the movie industry wanted to get a slice of the advertising dollars. They tried to get Mars as a client for ET. They wanted to have M&M's placement in ET, but Mars wouldn't meet the asking price. M&M's were in the original script and they asked Mars if they wanted to pay for the placement.
      Do you remember the candy used to lure out the ET? The success of the name and it's association with the ET began the PP advertising as we know it today.

      Trivia quiz answer.. Hershey's Reese's Pieces

      --
      The truth shall set you free!
  29. Logical Fallacy??? by THESuperShawn · · Score: 2, Insightful

    If advertising on P2P networks is 'oxygen' for piracy, does that mean.....

    Advertising on Indy cars encourages drivers to go 200+ MPH?

    Advertising on NASCAR cars encourages to only turn left (except for two times a year)?

    Advertising in adult magazines encourages people to do everything naked? Ok, that one may be stretching it, but you get my point......

    Advertisers want the best bang for the buck. It's only a sensible business model.

    Just as Indy wasn't created as an outlet to teach people to speed, P2P networks were not created (well, most of them) to allow people to Pirate.

    People do speed, people do pirate software. Evil people will do evil things, regardless of who the advertiser is.

    I mean, come one, do you really think that stupid Joe Camel guy was encouraging kids to smoke? I think a half naked lady is more encouraging to a 13 year old than a dromendon with a phallic symbol for a nose.

    --
    Repant. Thy end is sheer.
    1. Re:Logical Fallacy??? by drinkypoo · · Score: 1

      The two are not comparable. Auto racing does not provide a place for the fans to speed, the money enables the drivers to race. However, putting ads on P2P pays for people to download illegal content. That much is pretty much unarguable. Whether or not that's a bad thing, well, that's another step.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Logical Fallacy??? by THESuperShawn · · Score: 1

      "However, putting ads on P2P pays for people to download illegal content. That much is pretty much unarguable. Whether or not that's a bad thing, well, that's another step." NO. Putting ads on P2P allows the network to exist. Whether or not people downlaod illegal content is up to the individual, not the network, nor the advertiser.

      --
      Repant. Thy end is sheer.
  30. It is NOT a competing business model. by AzrealAO · · Score: 1

    If the Artists were approaching P2P Networks with their recordings, and trying to arrange distribution, that would be a competing business model.

    That's not what's happening, they're facilitating illegal copyright violations on a massive scale.

  31. Can I pay to remove the ads? by jmcmunn · · Score: 1


    So can I pay for the software I am downloading from the P2P network in order to not see the ads at all?

    Oh wait...nevermind.

    What are the chances that anyone is going to follow an ad in a P2P program? I mean it is probably just as pointless as the links people (like myself) put in our sigs on Slashdot. It's more or less a waste of time 99.99% of the time. It's just something to do for me...I expect no return on it. And neither should the ads in P2P programs, in my opinion.

  32. (mod parent up) Re:Pfff by sjwaste · · Score: 1

    That's the free market solution, and may I say, I agree with you.

    The problem is, larger industries, recording included, tend to favor market intervention and spend a lot of money lobbying Congress to enact it. Rather than seeking to capitalize on an obviously good business model, they want to stick with what they know and try to get some laws passed that will support their ways.

    Personally, I think 99 cents a track is a slap in the face to the consumer, because that's still $12-15 an album (and some full albums are good from beginning to end, not just two tracks and a lot of filler). At that price, I might as well go buy it and get the case, liner notes, higher quality recording, etc.

    1. Re:(mod parent up) Re:Pfff by 16K+Ram+Pack · · Score: 1
      I buy most of my CDs for small amounts off Ebay (like £3-4), unless they are fairly new, in which case the difference is too small. Ebay has really done it for me. In the past, I'd go into second hand record shops and pick things up. With Ebay, you can search for what you want, and there's a very good chance you'll find a seller.

      I still haven't bought a download, because in the main, it's a crappy deal. Something like 79p/track when a whole album including media, case and materials AND in CD quality costs about £9.

      Make it something like 40p, and I'll start considering it.

  33. They are paying for their adverts to be seen by Sai+Babu · · Score: 1

    not supporting the web sites.
    Jeez Louise.
    Since when did advertisers give a shit about supporting the company carrying their adverts?

  34. Re:FP by wibskey · · Score: 0, Troll

    ever notice how (almost) every computer ever shown in movie or TV show is a Mac?
    I've heard that's really because two button mice confuse actors.

  35. They don't need to insert ads into BitTorrent by RJabelman · · Score: 1

    Most of the places that host (or link to) .torrent files sell advertising space. I've seen some surprising companies advertising on suprnova.org recently (eg Halifax)

  36. Bigger Mouth Than It Deserves? by Tetsugaku-San · · Score: 1, Interesting

    Another example of the entertainment industry having a bigger mouth than it deserves.

    Just how the hell do they manage to shout so LOUDLY!! The games industry is worth ten times that of the movie industry, yet we never hear the gaming companies moning that P2P has taken away 85% of their business unlike the whinging pathetic record labels and movie houses

    Screw em, the sooner the big 5 record labels and God knows how many hooooge movie companies go bust and leave room for the small inovative, value for money quality establishments the better.

  37. Not the way you think... anyways by phorm · · Score: 1

    This is already in effect in some ways but:

    Really, it wouldn't have to work by having ads in the clients, but rather on the network itself. Already we have P2P pollution with a number of misnamed files up for download, how much harder would it be for an advertiser to seed several machines with "Britney Spears - Greatest Hits.mp3" which is really an audio-ad for cosmetics, or "Nude Swedish Maids" which is a video ad for some viagara alternative...

    jpegs and other images are even easier to use as ads.

    Many P2P programs already have filters and such to stream out the crapulance, but if an onslaught of advertising such as is hitting the email world comes along it will be a lot harder to filter/block.

    1. Re:Not the way you think... anyways by neko9 · · Score: 1

      Many P2P programs already have filters and such to stream out the crapulance, but if an onslaught of advertising such as is hitting the email world comes along it will be a lot harder to filter/block.

      p2p networks are full with trash already. thats why smart people use verified ed2k links from sites like sharereactor.

  38. Wrap Songs in Ads by Anonymous Coward · · Score: 1, Insightful

    Why not wrap a tune in a simple ad wrapper with a viewer app that shows you the ad then drops the tune, movie, or pic on your desktop. Sure you could ignore it and sure someone could make a tool to unwrap it but many many people would just watch the ad. If the ad was well focused and for a item of real interest to the user, they might event want to watch it. Good ads work you know. Think about it here is a song with an ad for tickets to the artist's next concert a link to a site with paraphernalia, live feeds or chats, being as the file would be free, legal and make money for the artist I do not see why people would not willingly select them.

    1. Re:Wrap Songs in Ads by swerk · · Score: 1

      I don't know about you, but I'd sure as hell never run a small app found on a P2P network. Not that GNU/Linux would know what to do with a Windows app anyway.

      Besides, what the RIAA failed to recognize and what a lot of people still fail to see is that peer-to-peer networks ARE advertising, the best and cheapest kind of advertising one can have: word-of-mouth. Except I don't even have to move my lips, and I can tell a hundred people who can each tell a hundred people. The fact is, the best way for a band to get paying fans is through exposure. Top-40 radio and Real World, er, MTV, don't do much for anyone but a few selected mediocre bands. Napster exposed everybody's music to everybody's ears. If your primary goal is selling music, that's good. If your primary goal is iron-fisted control, that's bad. Too bad the execs are blind to the distinction between those concepts. And too bad it led them to do stupid things like destroy the best thing that ever happened to them.

  39. Re:And you thought the trojans and spyware were ba by maxwell+demon · · Score: 3, Interesting
    Well, it will really get interesting when you get advertising built into your operating system.

    Your printer is out of paper. A dialog pops up:
    Printer out of paper. New paper to insanely low prices at xxxxxxxxx. Click Ok to visit our web page.


    You open the system control folder. Before showing your files, it tells you:
    Having trouble with your computer? Check out out fine computer books at xxxxxxxxxxx. Click here to visit our web page.


    You start writing a letter. A window opens:
    Writing a business letter? Buy xxxxxxxxx's Business Letter Assistant, and be more productive and more successful! Click here!

    --
    The Tao of math: The numbers you can count are not the real numbers.
  40. But don't overlook by TrekkieGod · · Score: 1
    Look, it's another sample of one who thinks that his behavior is typical.

    Look, it's another idiot who thinks that because people use a tool for illegal purposes, those who use it legitimately should have their right to do so taken away from them.

    --

    Warning: Opinions known to be heavily biased.

  41. Starting to sound like radio to me... by bitingduck · · Score: 1

    How dare they come up with an innovative business model that directly competes with established companies.

    It's not that innovative-- it takes an established business model (radio) and brings P2P one step closer to it.

    Radio (and TV) sends content for "free" out to anyone with a receiver. The price is that you have to pay in units of time by listening to (or seeing) ads. The buyers of the ads are the real customers, and the listeners are the product.

    In the P2P world, users broadcast stuff to each other. Advertisers buy time/space from the makers of the P2P tools. Now all that's needed is to improve the signal to noise ratio so that you pretty much get the thing you were looking for every time (or nearly so). (It could be already there, I haven't gotten around to trying P2P music). Then have systems in place (e.g. Big Champagne) to track what tracks get moved, report that to ASCAP/BMI and pay the artists from the ad revenues.

    Sounds like radio to me, but even more powerful, with the possibility of accurately directed micro ad campaigns...It could also track music use more accurately, so small artists with a steady following might get some return.

    Hey, I better patent that and anything related to it so I can serve the RIAA with legal notices once they start doing it...

  42. Re:And you thought the trojans and spyware were ba by kuwan · · Score: 1

    If major companies start promoting their products on your favorite P2P program, then perhaps the **IA will be less inclined to sue.

    Somehow I doubt it. If anything the RIAA or MPAA will then start targeting companies that advertise on the P2P networks. Especially expect to see this if the Induce Act passes. These companies will be a good target simply because they have money which Joe Schmoe file-trader doesn't have. In fact, the **AA might be able to bankroll their lawsuits against Joe Schmoe by suing the larger companies and that way not even take a loss on the hundreds of lawsuits they file against the little guy.

    Oh isn't it all just so disgustingly evil?

    --
    Sounds like a scam, but it works.
    Free Flat Screens | Free iPod Photo |

  43. With Bittorrent ads are easy........ by afxgrin · · Score: 2, Informative

    Just make popups and banner ads appear on the page hosting all the torrent files.

    Suprnova.org has been doing this for a while.
    And who's advertising on Suprnova.org??

    Well, since I'm in Canada I keep seeing ads for the famous U.S. Greencard Lottery (yes - just like the first spam on the Internet.....) and for Zip.ca.

    Zip.ca is an online DVD rental company like NetFlix.com - but Zip.ca has side banners on Suprnova.org

    I think they also have pop-ups but I'm not sure since I have pop-up blocking on ....

    1. Re:With Bittorrent ads are easy........ by Anonymous Coward · · Score: 0

      I have no idea if they've got pop-ups or advertising, with mozilla and a big hosts file i see neither :)

  44. Ha! by dave420 · · Score: 1

    Seeing as every corporate entity would try to stick an advert on the Pope's ass if they could, having a go at people for advertising where their adverts will reach people is abject hypocrisy. Sore losers, the lot of 'em.

  45. Re:Nevermind paying, ignore it! by Anonymous Coward · · Score: 0

    I agree fully. Don't know about anyone else, but when I'm downloading, I minimize the window so I can do other things.

    Total exposure time to ad: 5 seconds.

    Whoop dee doo. Businesses: Advertise all you want. I'll just ignore it.

  46. what? by chasingporsches · · Score: 1

    people still use P2P programs? wow. i don't know a single person who does, mainly because of the RIAA danger, and you can't find what you want anymore... it used to be "Search, click, download" and you're instantly getting what you want, its impossible nowadays on P2P networks (except bittorrent, but i hate the sudden criminalization of it) to get a single song you want in less than half an hour, and if you do, you might have the RIAA sending a legal notice to your door. i think people are shying away from p2p and moving to more legal methods. look at how many people are using rhapsody, napster, and itunes music store. i haven't used a p2p app to download anything copyrighted in over a year, and neither has anyone i know. my friends and i used to trade MP3's, but now we make trips to the local CD store together. maybe because i'm a musician, i realized after the whole P2P hayday with RIAA that its not worth it. but to say that P2P is more widely used now than ever, and growing? i find that hard to believe.

    1. Re:what? by Anonymous Coward · · Score: 0

      If you don't want to believe P2P is growing, go check the stats for yourself: http://www.slyck.com/

      These numbers don't include the very popular p2p service bittorrent. If you guestimate bittorrent has at least 1 million users as well(conservative), that means the combined top p2p services currently have over 10 million people online. That is only the people who are currently connected to the service, many more aren't even logged on at the moment.

  47. Re:And you thought the trojans and spyware were ba by Nogami_Saeko · · Score: 2, Interesting

    Well, this already happens to some degree - when my Epson printer gets low on, or runs out of ink.

    A dialog will appear with a "Clink Here to Buy Ink" button, which oddly enough, takes you right to the Epson online store...

    N.

    --
    "Nothing strengthens authority so much as silence." - Charles de Gaulle
  48. This is like SCO. by rice_burners_suck · · Score: 1
    But the owners of paid-for download services are accusing them of "providing 'oxygen' for companies that support illegal downloading."

    I believe the press release read:

    By leveraging innovative technologies, content providers streamline compelling illegal enterprise solutions.
    Yes, that is correct.

    Owners of paid-for download services provide a benefit to the community in the same way that SCO is an ethical company.

  49. One more analogy by indros13 · · Score: 2, Insightful
    Actually, this practice would be more analagous to advertising near a copier in a public library. While there is room for fair and legal use, I'm sure some (or even many) people copy more than the law allows.

    I think you'd be hard pressed, however, to find someone who sees advertising near the copier to be a serious problem.

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  50. MPAA ad in today's college paper! by jhesse · · Score: 1
    --

    --
    "I have also mastered pomposity, even if I do say so myself." -Kryten
    1. Re:MPAA ad in today's college paper! by DongleFondle · · Score: 1

      Holyshit. I don't have class today, but I'm going to have to stop by UNL to get one of those because I just have to see it for myself. That is one of the most disgusting displays of greedy corporate intimidation practices I have ever seen. They might as well just release a press-statement saying, "All you little college bastards are thieving criminals!" Up until this time, I have kind of watched the whole RIAA/MPAA vs. piracy saga with a half amused outsider's viewpoint. I don't download movies or music illegally, so its never been much of a concern to me. But this is absolutely offensive to me as a consumer. If the MPAA wants to treat me and other college students in this manner, I CAN DO WITHOUT THEIR FUCKING MOVIES!

      (makes me so angry I just about want to VNC into those vombie machines in the 501 building and download some shit out of spite) ;-)

    2. Re:MPAA ad in today's college paper! by neil.pearce · · Score: 1

      At the bottom of that ad it states (c) 2004 Motion Picture Association of America, inc.

      You're illegally trafficking anti-downloading advertisements!

    3. Re:MPAA ad in today's college paper! by b1scuit · · Score: 1
      Probably not, but I wonder if there are any legitimate email addresses, and if so, does the owner of the email address (or IP address?) have any legal recourse? Can they just do that? I mean, if I just started putting up ads in colleges with the ip addresses of machines I found while scanning the net for open shares and such, I'm sure there's a law somewhere saying I can't do that.

      That's bullshit, and there needs to be a serious check on the legality of it.

    4. Re:MPAA ad in today's college paper! by Anonymous Coward · · Score: 0

      I'm furious.

      And I don't even download movies.

      I recall Orwell's 1984, where the Party members and public were under constant surveillance by the government to ensure their complete adherence to the law. This poster reminds me a lot of this - it's alarmingly similar, however there's one fundamental difference. Whereas, in Oceania, they were under surveillance by the government, we're being watched and tracked by a money-driven COMPANY. In 1984, the Party protected their power through this intimidation, today, we have corporations doing the same - spying on their own consumers to ensure their profits. I was already riled up to see anti-piracy ads in the movie theatres: they're preaching this message to people who've already paid to see the movie, and frankly I don't want to spend eight bucks to see a sermon on how not spending that eight bucks on a movie is hurting them. Especially when the corporation is as greedy as this one.

      I'd love to see a counter-ad to this - with the names and phone numbers of many CEOs or managers, or dastardly corporations themselves. Ken Lay. Enron. Bre-X. Any corporations that use dubious methods to protect their profits. The message would be the same - "Is this you? [sic] If you think you can get away with screwing over your consumers, think again."

  51. But!! by temojen · · Score: 1

    I was actually getting quite annoyed by this last night. Most of the torrent listing sites don't give much information on what each torrent is. I was trying to downoad some free (hopefully legal) information, but most of the available torrents were merely pdf'd printouts of someone else's website or scanned pamphlet with a PDF advertizement for a casino shoved in. Rather like spam, this just increases the noise to signal ratio. I'd rather not waste my bandwidth sharing an ad for a lottery scam with the world.

  52. Circular logic by bcmm · · Score: 1

    "P2P should be banned because there is no potential legal use for it, therefore anyone using it is intending to break the law."
    Oh, wait, a legal use for P2P?
    "This legal use must stop because it encourages illegal use..."

    --
    # cat /dev/mem | strings | grep -i llama
    Damn, my RAM is full of llamas.
    1. Re:Circular logic by shark72 · · Score: 1

      "P2P should be banned because there is no potential legal use for it, therefore anyone using it is intending to break the law."

      Straw man. Not even the record companies are claiming "no potential legal use." They are (correctly) claiming that the vast majority of traffic on the big P2P networks is of pirated material.

      There are plenty of download sites and even P2P networks where strict adherence to creators' rights is observed and nothing is made available without the creators' permission -- in fact, the creators themselves use these systems to distribute these works. But there's two fundamental differences between these sites and Kazaa, eDonkey, etc.: their popularity is far, far lower, and the record industry is not trying to drive them out of existence. You'll not likely see "Sony Music vs. Magnatune" any time soon.

      --
      Sitting in my day care, the art is decopainted.
    2. Re:Circular logic by bcmm · · Score: 1

      Yes, but my point is that it is stupid to object to the legal use of something because others use it illegally.

      --
      # cat /dev/mem | strings | grep -i llama
      Damn, my RAM is full of llamas.
  53. Remember Napster? by Fross · · Score: 3, Insightful

    I'm pretty surprised any p2p app that has the potential to be used for illegal filetrading is using ads, as that revenue stream is exactly what got Napster collared and dragged through the courts.

    Soulseek was smart enough to use a donation system instead, as that doesn't give the "directly profiting from people using the system" way in the legal bods needed to prosecute the bejesus out of them.

  54. Archive by Anonymous Coward · · Score: 0

    I have an archive of 20,000 technical books that take up a total of about 150GB, everything from "programming your toaster - the geeks guide" to "PHP, for advanced users". I'll tell you one thing though, it shure kicks googles ass when I am searching for somthing technical.

  55. HUGE ARCHIVE! by Anonymous Coward · · Score: 0

    I have an archive of 20,000 technical books that take up a total of about 150GB, everything from "programming your toaster - the geeks guide" to "PHP, for advanced users". I'll tell you one thing though, it shure kicks googles ass when I am searching for somthing technical....

  56. The Math by yelloh99 · · Score: 1

    P2P -MP3 ---- 0

  57. HUGE ARCHIVE by Anonymous Coward · · Score: 0

    I have an archive of 20,000 technical books that take up a total of about 150GB, everything from "programming your toaster - the geeks guide" to "PHP, for advanced users". I'll tell you one thing though, it shure kicks googles ass when I am searching for somthing technical.!!!!!

  58. they just don't get it by Anonymous Coward · · Score: 0

    What they don't get is this, the Internet itself facilitates illegal downloading. It's happening in the ftp, irc and http protocols, as well as in P2P networks.

    IMHO p2p is just another, more efficient, method of file downloading that everyone needs to take advantage of, not just the pirates. The pirates just got there first, because they're early adopters of the technologies that shape the Internet.

    The Internet has always wanted to be free.

  59. I don't know about you, ... by b1scuit · · Score: 2

    ...but I would /kill/ for a government that supports pr0n. The one we have now flips out over a nipple. Hell, I was looking at nipples when I was less than a year old, but then, I don't have the moral sense, as our Fearless Leader (TM) would put it.

    1. Re:I don't know about you, ... by a24061 · · Score: 1
      Hell, I was looking at nipples when I was less than a year old

      Yes, but probably not the same way you look at them now! (And most likely not the same ones.)

  60. Survey by LunarOne · · Score: 1

    Which is your favorite P2P filesharing program:

    a) Kazaa
    b) eDonkey
    c) BitTorrent
    d) Other
    e) Too scared of the RIAA

    --

    Read my sig if you like, but I'll never see yours, thanks to Discussions, Viewing, Disable sigs...
  61. Warning!! Not normal web advertisers! by mpcooke3 · · Score: 1

    Don't forget bundled with P2P applications like kazza you are installing software like WhenU.

    This is NOT NORMAL WEB ADVERTISING in a lot of cases. This is software that normal users install unaware that it is modifying windows and hooking into IE to pop up adverts all the time even when the P2P client is not open, made legal by dodgy clickwrap agreements on the P2P software that no-one reads whilst installing kazza.

    So before everyone says that P2P software companies have the right to earn advertising revenue, remember this is often not normal web advertising it's normally thiefware/spyware applications doing the advertising. It's just that most advertisers don't care, they bulk buy their mediaspace through agencies that can buy space on WhenU etc, very cheaply. And now companies like whenU are getting into bed with the spyware removal companies it's going to get even harder to remove all the pop-ups from your friends PCs.

  62. pop-ups halt illegal p2p by Anonymous Coward · · Score: 0

    Can't think of any better way to stop illegal p2p networking other than to open up the market for ads... soon enough you'll be the only one on ur p2p network, everyone else will be buying viagra and enlarging their penis.

  63. My experience with advertising on a P2P network by shark72 · · Score: 1

    Years ago, my company bought a lot of ad space on Kazaa. My company is well-known and we were advertising a popular CE device that's done very well in the market. Our ad contract was worth well into the six figures.

    The ads did very poorly. The click-through was much lower than it was for the same ads elsewhere on the 'net. We got out of the contract.

    While some of that might be attributed to Kazaa Lite or some other apps that counted ad views but didn't show them to the customers (I'm guessing here; not sure if that's how Kazaa Lite works), the analyis was that it was primarily due to it being the wrong audience -- largely teens with no interest in spending money.

    Our dealings with the folks at Kazaa were interesting. They're bigger than many people think. They're very smart, drive tough deals and do a huge amount of business. Although they never did admit it in writing, they know darn well that their product, in the marketing sense (please, no "but it's the users who provide the product" retorts) is a vast collection of pirated material.

    --
    Sitting in my day care, the art is decopainted.
  64. Re:And you thought the trojans and spyware were ba by danila · · Score: 1

    I dunno, really... I like it more online, 'cause I can use technological solution to solve problems and they work. In Real World I have to watch on the ads, because I can't walk with my eyes closed. I have to listen to ads on radio when it's playing in public places. But in the comfort of my home, on my PC I am almost completely safe from intrusive ads. AtGuard! and Proxomitron remove all and any adverts. The only drawbacks are that the page layout is mangled sometimes when I remove a huge banner and that ads on some minor sites can get through.

    Really, I like it better online. Can't wait for Augmented Reality glasses that would do the same for real world.

    --
    Future Wiki -- If you don't think about the future, you cannot have one.
  65. Re:And you thought the trojans and spyware were ba by bugbread · · Score: 1

    "I see you're looking for porn. Couldn't your penis stand to be larger? Click here!"

    (Both side-jokes in that sentence unintentional and realized on preview)

  66. put an ad in the fake files by Anonymous Coward · · Score: 0

    Maybe some advertisers could help host the 'fake' files seen on some p2p networks and instead of silence, they could put in an ad. Then again, it might make people hate the company :)

  67. But it's still far better than... by lxt · · Score: 1

    "You start writing a letter. A window opens:

    Writing a business letter? Buy xxxxxxxxx's Business Letter Assistant, and be more productive and more successful! Click here!"

    I'd still rather have that message than that f*cking paper clip!!!...

  68. Demographics of feminine products by SeanDuggan · · Score: 1
    A virus that goes from time slot to time slot, sucking up our patience for companies that sell feminine products, forever searching for the correct demographic.
    Is this really so difficult? I would think that the demographics would be fairly simply, Females 14-45. If you wanted to be really conservative, you target them from 12 to 55 (puberty keeps occuring earlier and menopause doesn't happen in some women until fairly late in life).

    I have taken for granted that advertsiing will always exist. And, for that matter, ways of blocking ads will proliferate just as quickly whether it's TiVo for your television, AdBlock for web-browsing, or KazaaLite for P2P. There are those who argue that the methods for blocking ads just create an arms race where advertisers respond by ramping up their attempts to get our attention, but I say that that they'd ramp these things up due to competition with or without our attempts to escape the ads.

    Speaking of which, Phillip K. Dick had it about right when it came to intrusive advertising, his stories involving forced-experience billboards that took control of your synapses or the robot which camped in your house breaking things and then fixing them to show its utility and would not leave until you bought it.

    --
    This sig has absolutely no significance and serves only to take up screen space and waste the time of the reader.
  69. The movie and music industries are overrun by Anonymous Coward · · Score: 0

    The movie and music industries are overrun with greedy, whiny Jews, that is the problem.

  70. Re:FP by nealrs · · Score: 0

    have you also noticed how in almost every show you see (including porn. because well, you can never forget porn) the apple logo is covered up? i cant tell you HOW many Tibooks ive seen with postits over the apple logo. what the hell? you cant display an apple logo if apple doesent want you to? -nrs

  71. He's got it all wrong! by rinkjustice · · Score: 1

    "Illegal file-sharers steal millions of pounds worth of music through these services."

    It's in megabytes... 1's and 0's, not actual weight as in pounds!

    What a dumbass!

    1. Re:He's got it all wrong! by Lancaibheal · · Score: 1

      ...

  72. Lots of ads for cd burners... by Anonymous Coward · · Score: 0

    on the p2p sites. What a surprise.

  73. donkey?? by Anonymous Coward · · Score: 0

    Like who uses the edonkey client anyway?
    Why is the news always a few years out of date.

  74. Re:And you thought the trojans and spyware were ba by daveo0331 · · Score: 1

    I guess endorsements aren't just for athletes and movie stars anymore. Now even Clippy has his own endorsement deals.

    Only in America.

    --
    Remember the days when Republicans were the party of fiscal responsibility?
  75. One flaw. by Anonymous Coward · · Score: 0

    I never contracted with the P2P networks for them to "distribute" my work. And to play Devil's Advocate to your pro stance on P2P, I have yet to even receive one penny from a P2P network for the product they've "delivered".

  76. eMule by saur2004 · · Score: 1

    eDonkey advertises? Hmmm. How long is it before we see the eDonkey suit against emule and emuleplus? >_

  77. Why so impractical? by Mal-2 · · Score: 1

    A .wmv file that you can't fast-forward, with an URL at the end that you can visit for free, legal stuff. People would download them like crazy, and if they're only 30 seconds or so, there would be little point to trying to bypass them anyhow. A quiz question about the commercial would help make sure someone actually watched it, especially if everyone gets a different question.

    "Watch our commercial, get two free songs." It could work. People aren't going to retain the files, meaning the advertisers would have to host them and have plenty of bandwidth, but that's hardly insurmountable.

    Mal-2

    --
    How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  78. Re:Proves that Bittorrent will be the next big thi by Anonymous Coward · · Score: 0

    That's why we registered thepiratebay.{com,net,org} etc. :P

  79. these ads by AtomicDrunk · · Score: 1

    I didn't see them! Does anyone have a torrent?

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

    I always figured they used Macs in movies because they don't look as bland as your average PC.. Apple has nearly always had the "wow" factor in its favor as far as glossy designs go.