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BitTorrent Gives Hollywood a Headache

fudgefactor7 writes "Although the MPAA and the RIAA, and practically anyone else who has an interest in protecting their intellectual property rights online, are fighting against P2P programs like EDonkey, Morpheus, and Napster, BitTorrent is coming under even greater scrutiny, albeit with less actual success so far, and that is giving Hollywood a headache, since they really don't know what to do about it and they can't go to Cohen and moan. Once he let the genie out of the bottle there was no way to put it back in. And with the likes of PeerGuardian, et. al., it only gets harder for the corporations to put the virtual, and legal, smackdown on file sharing."

694 comments

  1. Legally by Omkar · · Score: 5, Insightful

    Are BitTorrent users more vulnerable legally (not practically) since they automatically upload? I'd think that makes them distributors, which presumably brings higher penalties than consumption.

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

      probably, though I`m not sure. Bit torrent can be dangerous becuase its so easy to find out who all is downloading nad uploading one file(simple download the tracker yourself and double click the name in ABC to do it). I think you`re a lot more open to attack than others because you can be caught downloading it from another person. I`d be worried about being caught with bit torrent a whole lot more than other programs.

      It`ll be interesting to see how they deal with it.

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

      I got an ISP nastygram for downloading Battlestar Galactica and Stargate Atlantis within 12hours of downloading recent episodes. I don't know if this makes the end user more or less accountable for distributing a file, but it makes it paintfuly clear that you are indeed downloading and sharing the file. It's also painfuly clear that there is someone out there logging and issuing out copyright infringement notices based on the torrent's file names.

    3. Re:Legally by julesh · · Score: 0

      WARNING: THE FOLLOWING IS NOT LEGAL ADVICE. TALK TO SOMEBODY QUALIFIED IN YOUR JURISDICTION IF UNCERTAIN.

      There are potential legal problems from using a file sharing network that does not allow you to prevent automatic uploads. BitTorrent is not the only such network: I'm also aware that ED2K has the same system, and some modern Gnutella clients (although it can be disabled in these).

      That said, it has been suggested that as the uploading in the case of these networks is an automatic function of the software you are using, and does not require any explicit action on your behalf, you are less likely to be held legally accountable for it than if (e.g.) you were to share the file on networks where this does not happen, or were to seed a new torrent, etc.

      This of course depends on how sympathetic your local judicial system is to downloaders, etc.

    4. Re:Legally by nogginthenog · · Score: 1, Redundant

      Maybe you should change ISP?

    5. Re:Legally by micolous · · Score: 1

      There is only one way to accurately track the use of a file on BitTorrent, and that is to have a complete block of data sent from your BT client to the intellectual property tracking company's BT client. As you start uploading straight away, there is a high probability that your client could send data to the "wrong person". This is in contrast to the traditional client-server model where each file served would have to be checked, and you could not see who downloaded it without quite blatantly violating the privacy of the user or the IP tracking company put out some bait, if the downloader didn't share the file after the download was complete.

      Relying solely on the name of the file isn't enough, or the IPs given out by the tracker, as torrent sites could always generate lemons to try and fool automated testers. The IP company would have to download the susected file, check it (ie: listen/watch it), then look at who sent them the file - all manually. At the moment, their automated bots have habits of returning false positives.

      --
      SSdtIGFzIGJvcmVkIGFzIHlvdSBhcmUK
    6. Re:Legally by Anonymous Coward · · Score: 0

      generate lemons to try and fool automated testers

      "try to fool".

    7. Re:Legally by gronofer · · Score: 1

      I am not convinced they are particularly vulnerable, since these uploads are requested by other people, not by the owner of the computer doing the uploading. I.e. they are the ones who make the copy, it just happens to be using your equipment.

      This is similar to leaving a photocopier running somewhere for other people to use.

    8. Re:Legally by risinganger · · Score: 2, Insightful
      If you believe this will keep you safe from being prosecuted then you are nothing short of deluding yourself.

      The likes of the MIAA have trouble shutting down certain file-sharing like Kazaa because they can't prove that the parent companies can control what is being served. That does not extend to you, you are making the copyrighted material available for others and you know you are.

      The only reason all end users are not targetted so far is due to cost. If you keep yourself informed at all on this then you should already know that many people have been threatened with being taken to court over this and I really doubt you would win in such a case. Ignorance is not a viable defence and you can't even hide behind that as you know what is going on is wrong.

      Your only hope is that the large suing syndicates don't believe you are a worthwhile target.

    9. Re:Legally by gronofer · · Score: 1

      The copyrighted material was alread available in the network in this case, so you are not the one who made it available.

      Making copies for personal non-commercial purposes is often legal, depending a lot on which country you are in, and so you have no particular reason to think the uploads are illegal: the uploaders are innocent until proven guilty.

    10. Re:Legally by Anonymous Coward · · Score: 0
      In that scenario you would have engaged in distributing copyrighted content without the copyright holder's permission. This is "illegal" in the United States, and your very poor defense that "it was already there" will do you absolutely no good. Yes things vary by country. No you're not "making a copy," you're distributing a copy to others and that's where the problem is. The uploaders certainly are innocent until proven guilty, but if they are uploading copyrighted content for which they have no right to, they are in violation of the current US law.

      I don't agree with the laws, but that didn't stop me from looking into how to not get myself screwed over by the RIAA/MPAA/BSA/etc. I'd suggest you do the same.

    11. Re:Legally by Anonymous Coward · · Score: 0

      two words: MAC ADDRESS
      two more: change it

      see what happened?

    12. Re:Legally by Porn+Whitelist · · Score: 5, Interesting
      There is only one way to accurately track the use of a file on BitTorrent, and that is to have a complete block of data sent from your BT client to the intellectual property tracking company's BT client. As you start uploading straight away, there is a high probability that your client could send data to the "wrong person".
      Since they're also uploading, they'd have a hard time arguing that you're breaking their copyright - they're helping distribute their copyright material ...

      That's the real problem with going after torrent users. Unless the accuser actually downloads the file from the same torrent, they have no proof that the file is actually what it says. Once they do this, though, they are distributing their material knowingly.

      So,

      1. Movie studio downloads file using bittorrent
      2. Accuses other torrent users of copyright violation.
      3. Defendants show that accuser was sharing the file with them via bittorrent
      4. Judgment for the Defendant
    13. Re:Legally by risinganger · · Score: 1
      Again, how does this affect the legality of what you are doing? I fail to see in what country you could state "Well I wasn't the first or only one doing it" in court as a defence and hope to get away with it.

      You also state in many countries it is legal to make personal non-commercial copies. That is true but it is no longer personal as soon as you begin to distribute said copy. The chances are that you didn't own a legitimate copy of what you downloaded as a 'personal non-commercial copy' and so it is piracy plain and simple. This statement is from the viewpoint of you having downloaded a file which you are now uploading. The person downloading it is in the wrong as is the person uploading it if the material is copyrighted.

      Lastly, 'uploaders are innocent until proven guilty'. In most countries you are innocent until proven guilty no matter what the allegation is. You can be a thief, murderer or rapist and are still technically innocent until proven guilty so this statement has no relevance here.

    14. Re:Legally by ichimunki · · Score: 5, Insightful

      Copyright law does not have any language regarding intent that I'm aware of. Anyway, if you are using BitTorrent to download copyright restricted works, I can't imagine how that's going to engender any sympathy on the part of your local judge or jury. There is already a prevailing feeling (among the people I talk to, anyway) that even downloading is not morally acceptable.

      In this case, it would be wise to simply not use BitTorrent for sharing copyright restricted works without permission from the person or organization that has the copyright for the work. BT was never intended to anonymize users or be a one-way stream. The BT application works best when users share data and client and tracker software can accurately detect which IP is doing what. If no one shared while using BT, the whole process would be no more efficient than a simple HTTP or FTP transfer. Anonymity would interfere with the tit-for-tat algorithm that throttles upload and download to different clients depending on their own sharing practices.

      Personally I'm done using BT for "sharing" copyrighted works. Too bad for the MPAA and RIAA, really. My latest discovery via P2P was "Penn and Teller's Bullshit!" After viewing several episodes downloaded via BT, I went out and bought the DVD set of the first season. A $45 purchase I would have never made otherwise. Oh well, there's still USENET. :)

      Or for the same price I could just get cable and subscribe to a few premium channels and record all this stuff directly to digital (for now). You'd think the MPAA would learn from the RIAA and move quickly to get direct digital distribution going. I'd pay $2 for a commercial-free 1/2 hour show and $4 for hour shows. $5 or $6 for a movie. Skip all the useless DVD packaging. Of course, the files will need to be at least as good quality as the rips out there, and playable on GNU/Linux.

      --
      I do not have a signature
    15. Re:Legally by Anonymous Coward · · Score: 0

      WTH are you talking about? MAC addresses don't cross network segments. All they need is your IP address and a subpoena to get the info from your ISP. It's the same thing they've been doing with Kazaa for months now.

    16. Re:Legally by Anonymous Coward · · Score: 0

      Are BitTorrent users more vulnerable legally (not practically) since they automatically upload?

      I'd say uploading is merely a side-effect of downloading in the case of BT.

    17. Re:Legally by I(rispee_I(reme · · Score: 1

      Fair use provisions in United States copyright law entitle purchasers of copyrighted works to make and distribute copies of said works to friends and family, in a not for profit fashion. It's nobody's business but my own how many friends I have, or if they use BitTorrent, Usenet, or cassette tape.

    18. Re:Legally by calethix · · Score: 1

      Gee, I hope they send those in the mail. I don't have a clue what my username/password for verizon's email account is. :)

    19. Re:Legally by InvalidError · · Score: 1

      Maybe with commodity clients... but remember that there are plenty of open-source BT clients out there that could be readily be modified for stealth-mode (not sending 'have' messages and initial bitfield) leech-only.

      Once a full file has been downloaded and verified, flag all peers that contrinuted as 'pirates' and do the same with all others after downloading some data and matching it.

      I wrote my own BT client about a year ago, chances are the MPAA/RIAA/etc. have more than enough budget to whip up their own.

    20. Re:Legally by kryogen1x · · Score: 2, Insightful
      This is similar to leaving a photocopier running somewhere for other people to use.

      Or a gun for someone else to use. Something to ponder about.

    21. Re:Legally by Squalish · · Score: 1

      Were that true, it would still only extend to first-generation copies. Using Bittorrent, by definition, unless you happen to already own the work inquest, you are distributing a second generation copy.

      --
      People in Soviet Russia, however, appear to be afflicted with amusing juxtapositions of the aforementioned situation
    22. Re:Legally by Anonymous Coward · · Score: 0

      Nope because you don't fully upload the movie alone and the movie is often not a full reproduction of DVD quality. It's legal according to the law to upload a movie that is not fully reproduced or upload part of a full reproduced movie.

    23. Re:Legally by FHMyles · · Score: 3, Informative

      I *was* going to say that here in Canada, (thanks to a supreme court ruling) placing stuff in a shared folder is legal (because it is) and doesn't qualify as distribution of copyrighted material. But then I stopped and thought for a moment and I realized that BitTorrent might not be protected by that. It could be said that an inherent function of the program is that when you run it you send material to other people, instead of just placing it in an accessible shared folder. I'm no lawyer, but I'd say us Canadians might have to watch out in the near future after all.

    24. Re:Legally by Anonymous Coward · · Score: 0

      In order to confirm that the file being distributed via bittorrent is illicit (read: 'pirated') IP, won't the *AA cartels and their minions need to get the file via torrent themselves? In doing so, they'll necessarily distribute parts of the file to others downloading from them. Will those specific others be tracked for exemption from prosecution since their particular downloads were by default sanctioned by the IP holders?

      If the users who acquire file parts from *AA validators redistribute the files they acquired is it still illegal? The original IP controller put the file out there purposefully and without any licensing agreement.

    25. Re:Legally by debrain · · Score: 3, Interesting

      Are BitTorrent users more vulnerable legally (not practically) since they automatically upload? I'd think that makes them distributors, which presumably brings higher penalties than consumption.

      That depends on your legislation. In Canada, for example, you only infringe copyright if you intended to infringe it. The high penalties associated with infringement of copyright, ie. criminal sanctions, leads to a high burden on the crown to prosecute.

      So if a tech-unsavy person is uploading while downloading as part of the protocol, s/he is likely not intending to infringe copyright in the uploading, and therefore likely not guilty of an infringement.

      However, the downloading itself may be an infringement, and by virtue of clicking the link, you have shown intention (though shown, it's not proven; accidental clicking, etc.).

      Incidentally, I do not know what would happen if you were downloading a copyrighted movie you already own (fair use/dealing), and you were aware of the uploading. In that case you may be infringing copyright, but at the same time exercising your right to a backup, though to exercise that right through the bittorrent protocol, the only means of acquiring a backup given the DVD copy protection, you must redistribute and inherently infringe portions of the copyright.

    26. Re:Legally by ReeprFlame · · Score: 1

      Why don't you just download through several anonomous proxies. Sure it may be possible for the drunks in Hollywood to track you but at least it will be much harder. Can you say migrane?

    27. Re:Legally by dnoyeb · · Score: 1

      BitTorrent still starts from a single place which there is no problem in tracking. The torrent file comes from somewhere.

    28. Re:Legally by gronofer · · Score: 1

      The bitkeeper user is not distributing anything. If I download a copy of a file for personal use, this is not necessarily illegal. If, while I am doing this, a couple of other of others use my computer to make their own copies (the "uploaders" in the context above), I am not responsible for their actions, and I don't assume that they are doing anything illegal without proving them guilty. Their copies may be perfectly legal, just as mine may be.

      And if a court doesn't accept these arguments, I don't see that any great harm is done. So I helped a few people to make their infringing copies, it's hardly going to be treated as a large-scale "piracy" operation.

    29. Re:Legally by hammock · · Score: 1

      Canadians pay a tax on all materials used to store digital data, which licenses them to reproduce copyrighted works.

      http://neil.eton.ca/copylevy.shtml

    30. Re:Legally by tylernt · · Score: 3, Interesting

      There are plenty of anonymous web proxies, I wasn't aware that proxies even existed for BitTorrent though? Anyways, they would soon be flooded with traffic. The reason BT is so fast it you're downloading and uploading in parallel. Send everything though a proxy and now you've got a choke point; kind of defeats the purpose.

      --
      DRM 'manages access' in the same way that a prison 'manages freedom'
    31. Re:Legally by budgenator · · Score: 1

      The key word is distribution, the uploading is much more serious because your distributing. If the file is illegal, then distributing implies a conspiricy with the people recieving the illegal files.

      When you only posses an illegal copy, you can whine and whimpper about fair-use, or you didn't understand or some bullshit and probably get some sympathy from a jury or a judge; but as a distributer your going to sound like some kind of son-of-Satan, drug smugler and get the book thrown at you.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    32. Re:Legally by budgenator · · Score: 1

      If you have a ripped dvd, the original is covered by DMCA because it encrypted, a technical anti-copying provision, not normal copyright laws.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    33. Re:Legally by Phillup · · Score: 1

      you are making the copyrighted material available for others and you know you are.

      While I agree with your sentiment, I'm sure it would be incredibly easy to put twelve people on a jury that have used software and have no inkling of how it works.

      I think proving that the user of the software knows that in the bowels of the software it is sharing the same file that it is downloading would be quite hard.

      I can see it now:

      "So, you assert that the software uploads the movie?"

      "Yes..."

      "The movie we are downloading... because we don't have it?"

      "Well, it doesn't quite work that way..."

      "Please answer the question. Yes or No. The software shares the movie we are downloading because we don't have it yet?"

      "Yes"

      "So, even tho we don't have the movie... this software manages to upload it to others?"

      "It isn't..."

      "Yes or No please."

      "um... yeah... I guess you could say that"

      --

      --Phillip

      Can you say BIRTH TAX
    34. Re:Legally by Anonym0us+Cow+Herd · · Score: 1

      So can Canadians then distribute copyrighted works to Americans?

      --
      The price of freedom is eternal litigation.
    35. Re:Legally by Twanfox · · Score: 1

      I'm curious. By what rational is it that "because you upload and download in parallel" that makes BT 'fast'. To me, it makes it no faster than a straight download (if all down channels are used for both BT and normal downloads, no speed improvements are to be seen).

    36. Re:Legally by debrain · · Score: 1

      Canadians pay a tax on all materials used to store digital data, which licenses them to reproduce copyrighted works.

      Part VIII of the Copyright Act is the section you are referring to, and it only covers blank audio media (CD's, tapes, etc.), and similarly only remunerates musical works.

      It does not indemnify you from prosecution for broadcasting; it only covers 'private copying', not public distribution. Neither does it cover film or literary works.

      It was enacted to remunerate artists for private copying happening with audio tapes, and its arbitrary limitations to audio media and musical works persist. Its indemnification is similarly limited to musical works.

    37. Re:Legally by poningru · · Score: 2, Informative

      Its faster because the person you are uploading to is not downloading from the same source you are, which allows you to download from the server or a seed at a much higher speed than everyone downloading from the same source. Yeah I know grammatical errors etc etc.

      --
      Calm down people, its a religion not an operating system.
    38. Re:Legally by Anonymous Coward · · Score: 0

      It is not faster than a straight download. However it is faster than things like eDonkey (where you upload File A in order to wait in queue to download File B.)

    39. Re:Legally by Sancho · · Score: 1

      I've seen lots of posts make the assertion that if someone else requests the copy, then they are making the copy. I don't see how that is valid. This is the case for any file that is hosted on the internet. In fact, the only time you would be making your own copy is if you e-mailed it or actively put it on a server somewhere that is not your computer (i.e. uploading it to an ftp server or seeding a torrent). Under your logic, having a shared directory in Kazaa means that you aren't sharing anything because other people request the file from you, and the courts in the US have already deemed sharing in this regard illegal.

    40. Re:Legally by debrain · · Score: 2, Interesting

      Copyright law does not have any language regarding intent that I'm aware of.

      It is an infringement ... that the person knows or should have known infringes copyright or would infringe copyright (Copyright Act, s. 27)

      Intent is codified in at least some statutes in this language or similar through the phrase "knows or should have known". That snippet is from the Canadian Copyright Act.

      However, even absent the explicit statutory requirement of intention, in most civilized constutional legal regimes you cannot be imprisoned for absolute liability offences. In other words, if there is a threat of imprisonment, the prosecutor has to show intention. In the least, there is a defence in due diligence. You can't chuck people in jail for transferring something they didn't realize was copyright. The heavy penalties actually seem to work against the regime of copyright enforcement, in this respect.

    41. Re:Legally by djdavetrouble · · Score: 1

      What if they choke uploads completely and just leech, it is possible you know. You will still get the 'charity' packets even though you aren't uploading.

      --
      music lover since 1969
    42. Re:Legally by gronofer · · Score: 1

      I think it's valid because it's what happens, from a technical point of view. If somebody comes into my house and makes a copy of a file using my DVD writer, am I responsible for that copy? Is it any different if the copying is done over a network?

      The point about Kazaa is interesting, and I'm curious to know which clause of copyright regulations was applied. Would it be one of the recent draconian US regulations, or something from the era of TV broadcasts etc.?

    43. Re:Legally by Porn+Whitelist · · Score: 1
      ... and it would show either:
      1. they contributed to the uploading ... and since they are the copyright owners, and contributed the upload, the part that was contributed is okay to download (same as any code SCO knowingly put in linux)
      2. they didn't get enough data from EACH client to verify that EACH client was leeching enough to make it beyond "fair use".
        1. One of the "problems" with bt is that, if I already have a chunk, I don't get to grab that same chunk again from another source. So, if 10,000 people are sharing, say, a 1-gig file, the average chunk I'll get from any one person is 100 k - or, in the case of a movie, less than a half-second's worth. Hardly proof of substantial infringement. Actually, hardly proof of anything. They certainly cannot state that you have, from a half-seconds' worth of data - data that, btw,
        2. without the rest of the file, is unuseable - copied their movie.

          Of course, YMMV, etc.

    44. Re:Legally by Anonymous Coward · · Score: 0

      It's fast because after getting 8K of the file you are sharing that with no choice. It actually works correctly with multiple download sources.

    45. Re:Legally by mseidl · · Score: 1

      Same thing with drugs -

      If you simply are caught using, its just a misdemeanor.

      But if you are caught selling its a felony.

    46. Re:Legally by fred911 · · Score: 1

      How about using an ISP that defends subpoenas? I didn't verizon win their defence?

      --
      09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    47. Re:Legally by AKnightCowboy · · Score: 1

      BT doesn't seem fast to me. Everything I ever try to download comes down at around 2KB/sec and I end up uploading at 70KB/sec to other people. I need to find a BT client that lets you disable uploading because it kills my upstream bandwidth and I get horrible latency while gaming. I just want to download, not share for both legal and performance reasons.

    48. Re:Legally by cpt+kangarooski · · Score: 1

      Probably not. If copyright holders go after actual damages, then the extra distribution counts for something, but it might not really be all that much. Reproduction and distribution are equal infringements -- it's the number of them that matters.

      If they go after statutory damages, then they're computed per work, not per infringement, and so it adds nothing.

      The latter is probably more likely: A plaintiff has to prove their actual damages, and for most things on BT, they're not going to be amazingly high. OTOH, the statutory damages range from $700 to $30,000, and can go as low as $200 (if the infringer can show that he didn't know, and had no reason to know he was infringing) or as high as $150,000 (if the plaintiff can show that the infringement was done willfully). The actual number is determined by the court.

      --
      -- 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.
    49. Re:Legally by Pyrion · · Score: 1

      Won't happen. If you don't upload, nobody will upload to you. It's the inherent nature of the protocol.

      You could use a client like Azureus to limit the upstream bandwidth used though.

      --
      "There is much pleasure to be gained from useless knowledge." - Bertrand Russell.
    50. Re:Legally by LurkerXXX · · Score: 1
      As far as I know, not too many online file sharers have landed in jail. Quite a few HAVE been sued or threatened with a lawsuit and had to pay thousands.

      I think the real concern with using bittorrent or ED2K to obtain copyrighted material is that you may end up much poorer, not land in jail.

    51. Re:Legally by Findeton · · Score: 1

      Moreover, in Spain (this is where I am from) you are committing a crime only if what you do it for profit (and, in fact, our particular RIAA -SGAE- wants to change the meaning of profit).

    52. Re:Legally by GT_Onizuka · · Score: 1

      That defeats the whole purpose of BitTorrent. The reason it is used is because it alleviates load from servers. Once enough people have the entire file, and are seeding it, download speeds are huge.

      The big problem, however, is for those of us with assymetric connections (like Cable and DSL). Basically, it uses all of your upload, and chokes your download, which seems to be your problem, so I'd recommend getting a different client (pretty much every client save the Official Client has upload limiting), my personal favorite is Azureus. Be warned though, your download speed is determined by how quickly you are uploading (for the most part), so being cheap and giving something around 1 k won't get you anywhere.

      On my crappy 3 Mb/256 kb connection, I have my global upload limited to 10 kBps, and BT works wonderfully for me.

      --
      If you take out Country Kitchen buffet, old people won't know what to do.
    53. Re:Legally by Minna+Kirai · · Score: 2, Informative

      By what rational is it that "because you upload and download in parallel" that makes BT 'fast'.

      On an individual basis when there's only one downloader, it's not. But given that many people will be attempting to get a file at once, it's faster because instead of ALL of them going to the original providers, they get some of their data from the other downloaders.

      Specific example: You start to download, and get 50% of the file at 1 Mb/s (which is the provider's upload cap). Then a new person starts to download too. Under HTTP or another conventional method, your rate goes down to 0.5 Mb/s, because the provider is now serving double the clients. But with bittorrent, the new client can instead start downloading from YOU (on your unused outgoing bandwidth), instead of obstructing your connection to the original source.

    54. Re:Legally by Minna+Kirai · · Score: 1

      However, the downloading itself may be an infringement,

      I don't remember the current status in Canada, but in the USA (and most of the world), there's no question about it: downloading is infringement by itself. Many downloaders are in denial about this, of course...

    55. Re:Legally by Minna+Kirai · · Score: 2, Informative

      If you don't upload, nobody will upload to you. It's the inherent nature of the protocol.

      If that were true, then the protocol wouldn't work. All downloaders would stick at 0%. In reality, there are many bittorrents that go for days with only seeds and no downloaders, and where new downloaders are immediately serviced at a high rate. (This tends to happen with Linux ISOs after the first week's rush to grab them is over)

      You could use a client like Azureus to limit the upstream bandwidth used though.

      Almost any bittorrent client can do that, including the original.

    56. Re:Legally by steve_bryan · · Score: 2, Informative

      "By what rational is it that "because you upload and download in parallel" that makes BT 'fast'."

      It makes file transfers faster for at least two reasons. You need to understand at least a little about how it works. The file is divided into a number of hashed chunks. The torrent file contains the hash information (and the IP address of the tracker used). The bittorrent client provides chunks to other clients randomly. So no matter how much of a file a particular client has it is likely to have chunks others need and they are likely to have chunks it needs. As soon as a client joins a torrent and has part of the file it can both upload and download.

      A consequence of this is that as more clients are added you also get that much more upload capacity. It scales up nicely so transfers can be faster due to added upload capacity compared to centralized transfer protocols.

      Another aspect is that even clients on slow links can contribute to making transfers faster for others. Somebody with a big pipe can get pieces from a number of others who only have a limited amount of bandwidth to use. This works also for clients that have limited time periods for being connected. A transfer can be stopped and started any number of times and the client makes progress and helps others when connected. Very beneficial robust behavior.

      Notice that I mentioned hash values for these chunks. As a client receives each chunk it can compare the actual hash with the advertised value and accept or reject a chunk based on that. This makes it more difficult to spoof the network with bad data.

    57. Re:Legally by AlphaJoe · · Score: 1

      A $45 purchase I would have never made otherwise. Oh well, there's still USENET. :)

      Shhhhh...don't want them to start eyeing that...

      Obligitory Free Ipod ....won't you help out an Ipod-less college student?

      --
      A computer once beat me at chess, but it was no match for me at kick boxing.
    58. Re:Legally by Minna+Kirai · · Score: 1

      Reproduction and distribution are equal infringements -- it's the number of them that matters.

      Right, the number of infringements matters, therefore bittorrent users are in greater legal jeopardy.

      If you click on a file to download with HTTP or FTP, that is exactly one infringement. Click on a bittorrent file, and the software might concievably perform hundreds of uploads before your download is complete, tremendously increasing your liability.

      And of course, if you walk away and don't notice when the download finishes, you might remain a torrent seed for days or weeks, performing tens of thousands of infringements.

      Of course, other P2P programs from Napster to Kazaa share this characteristic, as they also automatically upload (in their default configurations).

    59. Re:Legally by plasm4 · · Score: 1

      It may be easier to find people trading a certain item, but you can only get busted for trading one thing, as opposed to all 5000 mp3s you have.

    60. Re:Legally by Breakfast+Pants · · Score: 1

      Use bittornado, it will allow you to cap your upload. Note however that it will also cap your download, but if you are only getting 2KB/s max, it shouldn't be a problem. You are probably having the problem of ACKs not getting through because your upstream is being all spent on uploading the file so you may see tremendous improvements.

      --

      --

      WHO ATE MY BREAKFAST PANTS?
    61. Re:Legally by ErikZ · · Score: 1

      I use a client for my linux box, which I keep on 24/7. The problem is that some hosts won't allow that client to connect!

      I set the upload limit to 80% of my total upload bandwidth so I can do other things, plus share. But for too many seeds I end up having to use my mindless windows client which uses all my upload bandwidth.

      I have to kill the thing every time I want to use my VoIP phone. :-P

      --
      Democrats or Republicans. They are both taking us to the same place and they are not afraid of us anymore.
    62. Re:Legally by arminw · · Score: 1

      ...$5 or $6 for a movie...

      You must be rich. We pay $1 or $1.50 to rent a regular older released DVD and $2-$3 for the latest just out DVD movies.

      As for copying movies or TV shows -- there are very few movies I'd want to see more than once. For the ones that are worth watching again, renting them for $1 each time is a lot cheaper than buying. I'd never get close to watching any movie 10 to 15 times to justify buying it. A blank DVD cost way too much to copy most movies I've seen. Hollywood is safe there, unless they dramatically increase rental costs. Of course there are people, like a friend of mine who like to COLLECT movies, and for Him a copied home-burned DVD is an anathema, like a Xerox copy of a stamp would be to a stamp collector. Hollywood is safe there too, so why are they so worried about copying?

      DVD players and ordinary, say 27in or 35 in Tv's are ridiculously cheap these days, while 30in computer displays are really expensive. So why would anyone want to watch a movie on a postage stamp sized computer display with miserable sound rather than a nice big TV set with decent sound? Hollywood is safe there also. Will high definition TV improve Hollywood's product? I doubt it. If I wish to have a hi def movie experience I can go to a movie show many many times for the price of hi-def video equipment. I wonder how many /.ers feel as I do?

      --
      All theory is gray
    63. Re:Legally by GT_Onizuka · · Score: 1

      Unless I'm mistaken, the original didn't have upstream limiting, however, the experimental client did.

      --
      If you take out Country Kitchen buffet, old people won't know what to do.
    64. Re:Legally by dshaw858 · · Score: 1

      No, in fact in my opinion, it would be less dangerous. Yeah, someone can easily find you downloading and sharing... one file. Unlike other clients, you can't search what a user is uploading, or search for a million files and see who is uploading. You may get caught with one album, but so what? That's a lot less than 200,000 mp3s on KaZaA.

      - dshaw

    65. Re:Legally by AKnightCowboy · · Score: 1
      The big problem, however, is for those of us with assymetric connections (like Cable and DSL). Basically, it uses all of your upload, and chokes your download, which seems to be your problem, so I'd recommend getting a different client (pretty much every client save the Official Client has upload limiting), my personal favorite is Azureus.

      Thanks, I'll give that a try. It's not that I want to eliminate it completely, it's just that it chokes the hell out of my connection making doing anything else virtually impossible. The "official" Bittorrent client seems really lacking in any kind of support for rate limiting.

    66. Re:Legally by Minna+Kirai · · Score: 1

      the original didn't have upstream limiting

      By "original", I didn't mean the very first release, but rather releases from the original creator of the BT protocol, Bram Cohen, as opposed to the much-more-elaborate reimplementations. I have no idea when he added the rate limit.

    67. Re:Legally by clambake · · Score: 1

      There is only one way to accurately track the use of a file on BitTorrent, and that is to have a complete block of data sent from your BT client to the intellectual property tracking company's BT client. As you start uploading straight away, there is a high probability that your client could send data to the "wrong person".

      Since they're also uploading, they'd have a hard time arguing that you're breaking their copyright - they're helping distribute their copyright material ...


      Furthermore, since they are the OWNERS of the copyright, giving THEM the data is not illegal... They already own it! They have to prove you didn't upload just to them, and nobody else.

    68. Re:Legally by Cryptnotic · · Score: 1

      You're not a lawyer, are you?

      Yeah, I didn't think so.

      --
      My other first post is car post.
    69. Re:Legally by clymere · · Score: 1

      we pay siilar fees here in America on any media sold, such as cassette tapes, CD-R's etc. and have for years and years. The difference is that the media cartels here have managed to negotiate deals with the gov't such that they get these fees AND can go after american citizens and companies legally to prevent them from using this media in any way they disaprove of. having their cake and eating it too so to speak.

      --
      once you go slack, you never go back
    70. Re:Legally by Znork · · Score: 1

      Frankly, I think most movie and tv downloading is simply the result of failures in distribution. Most people I know download stuff do it because there is no possible legal way for them to obtain the material at a reasonable price, due to region issues, cable or satellite channels not being available, etc. Like you say, the collectors will buy the DVD's _either way_, and the one-time watchers will rent the video. As long as it's actually available for rental.

      Perhaps compulsory licensing would be a good idea to add to copyright law. If there's no reasonable way (as in, similar to the terms under what the material is distributed to other customers) for a consumer to purchase or otherwise obtain the material, there would be no possible lost sale and thus no case for copyright infringement.

    71. Re:Legally by debrain · · Score: 1

      You're not a lawyer, are you?

      Yeah, I didn't think so.


      You'd think wrong.

      Perhaps next time, you might want to post a reason for your doubts. At least then, someone could take the time out to correct your misunderstanding.

    72. Re:Legally by rogabean · · Score: 1

      you are assuming they are watching the movie on their computer... exporting the movie in any format to a TV has also gotten cheap. blank DVD expensive? Last ones I bought were 100 for 40 bucks...

      --
      "why don't you just slip into something more comfortable...like a coma!"
    73. Re:Legally by Anonymous Coward · · Score: 0

      The MPAA and RIAA should just stop being a bunch of cry babies. They make enough god damned money from their work, the amount they lose through p2p etc. is minimal to say the least.

    74. Re:Legally by Sancho · · Score: 1

      Your analogy is flawed. If you had a sign in your window that said, "Free copies of Spiderman 2 here!" and left your door unlocked and your computer unpassword-protected, then it would not be your fault. With file sharing programs, you are actively offering the file. You choose to share it.

      As for the Kazaa bit, I've forgotten the specifics, so I guess you should take it with a grain of salt. It may not even have been Kazaa, but the point was that it is the sharers fault, not the company that makes the file sharing product. Napster was different because the centralized server set up connections and hosted the database of files available.

    75. Re:Legally by d00d92 · · Score: 1

      or perhaps use peer guardian like all the other smart BT users

    76. Re:Legally by Feztaa · · Score: 1

      In that case you may be infringing copyright, but at the same time exercising your right to a backup, though to exercise that right through the bittorrent protocol, the only means of acquiring a backup given the DVD copy protection, you must redistribute and inherently infringe portions of the copyright.

      But what if you use an upload-limiting client like BitTornado, and you only upload a small fraction of the file compared to the download? Would that count as fair use? I mean if I upload 5MBs of a 2GB movie or whatever, can that really be seen as an infringement?

    77. Re:Legally by Anonymous Coward · · Score: 0

      Plenty of BT clients allow you to set the maximum upload rate. Example: BitTornado, downloadable here: http://bittornado.com/

  2. Uhh.. by Anonymous Coward · · Score: 0

    Is there anything here to discuss? The submission seems like an offhand thought, rather than a story -- and it's not even a thought that's really in dispute.

    1. Re:Uhh.. by OAB_X · · Score: 2, Informative

      Well, because your IP is being blasted around to trackers and users everwhere unhidden, the RIAA could track you that way. But the most effective way would be to just go after trackers themselves.

      Various trackers a while ago came under a flood of DOS attacks. We dont know who, but that they did. 100MBS connections were maxxed out in minutes. The RIAA/MPAA could do something like this similar to Lycos (now scrapped) anti-spam screensaver. Just call it an "anti-piracy screensaver" and say that by using it you lower the cost of movies as they dont need to compensate for piracy in the price as much (note: I dont actually think that they would give a deal, let alone drop prices if it was effective).

      For example, the MPAA/RIAA gets a few thousand people to download the screensaver, suddenly the Pirates Cove tracker goes way overloaded and you suddenly cant get listings for people anymore. Eventually they would be able to get around it (changing DNS/IP addresses and such), but not before it knocked thousands of people off their download.

      Effective? Yes, legal? Probably not, but its not the goal to crash the server, only to "increase the cost of doing buisness". As far as I know TPC does not have advertisements (though its been a while since i have been there), so they would need to rely increasingly on donations and such.

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

      Then the evolution will bring new p2p applications that can't be harmed by that. The only solutions is going down with the prices... And offering legal movie downloads for a fair price. gnunet, freenet, mute ...

    3. Re:Uhh.. by kin242 · · Score: 1

      I think that someone would set up a counter-offensive- the anti-RIAA screensaver... Very dangerous game to start playing....

      --
      kin242.net
    4. Re:Uhh.. by Anonymous Coward · · Score: 0

      A counter mesure to who ? The RIAA is using sub-contracts... they don't do their stuff them-self, they pay some kind of garbage-sub companies to do their bad stuff for them.

    5. Re:Uhh.. by Nasarius · · Score: 1

      Not really. The RIAA has deep pockets to pay for bandwidth and lawyers. BitTorrent groups don't.

      --
      LOAD "SIG",8,1
    6. Re:RE:Uhh.. by Bam359 · · Score: 1

      The point is that the BitTorrent groups don't have to have deep pockets to pay for bandwidth because the screen saver used to attack *AA would be distributed as a .Torrent.

  3. What's the problem? by tesmako · · Score: 5, Insightful
    I really don't see the problem here, other P2P apps are tricky since the users themselves make the content available, but with BitTorrent it should be very clear-cut who to complain to if content you own show up as a download; the tracker.

    The tracker is what facilitates the download, the person who runs the tracker has set it up with the intent to share the specific file being shared. The tracker site is typically also the root of all the sharing through being a base seeder as well. So, basicly this brings things back to the days of piracy over public FTP and HTTP download sites, just attack the one facilitating the downloads. While foreign hosting and such might make this trickier it sure is way simpler than trying to attack the typical P2P network where the users are also the ones bringing the content to the table.

    1. Re:What's the problem? by Fallen_Knight · · Score: 3, Informative

      problem is with trackers outside of the USA...

    2. Re:What's the problem? by Myrmi · · Score: 2, Interesting

      Although with Exeem it looks as if they're hedging their bets for the moment over which system (P2P, torrents, or a combination of the two) is going to be the best. Even making the appropriate authorities unsure of which system to primarily target might help.

      --
      "I think everyone is an agnostic but just doesn't know" - Frazz
    3. Re:What's the problem? by BluhDeBluh · · Score: 1

      AFAIK, the trackers themselves don't actually contain any copyrighted or illegal data. This means they are legal in several countries, since they are only facilitating sharing of data.

      Comparing it a FTP or HTTP download is foolish, since then you are breaking international copyright laws which is comparatively easy to enforce. However, laws on P2P differ from coutry to country.

    4. Re:What's the problem? by Idimmu+Xul · · Score: 4, Informative

      The tracker is what facilitates the download, the person who runs the tracker has set it up with the intent to share the specific file being shared. The tracker site is typically also the root of all the sharing through being a base seeder as well. So, basicly this brings things back to the days of piracy over public FTP and HTTP download sites, just attack the one facilitating the downloads.

      Man, you're so wrong. The tracker only hosts the .torrent files, if that! It's primary roll is to just keep a database of who is sharing what as that is the information the bittorrent client's request from it. This is why it's so hard for the MPAA to crack down on them, as it basically does the job of google but for a specific audience. It doesn't host or upload or share any copyright material, it just tracks those that do.

      --
      The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
    5. Re:What's the problem? by tesmako · · Score: 0
      That is what I am pondering, the only purpose for a tracker handling a file that is illegal to download is to download the illegal file. Question is how this looks from a legal standpoint. Personally I feel that in the interest of consistency it should be illegal, it is just a loophole (I could provide illegal downloads by giving out a long list of indexes of bytes in the slashdot frontpage HTML source, then one can download the index-list, the frontpage and recreate the illegal file, I don't provide the actual bytes in the same sense that the tracker doesn't).

      About the HTTP/FTP comparison I were thinking about all the tracker sites that also provides a base seed (the majority of them), once they seed the torrent they are in the same situation as a provider of a FTP site at least.

    6. Re:What's the problem? by tesmako · · Score: 4, Interesting
      Trackers typically have some initial seed locally arranged, needed to get the whole thing going. On most sites the seed also stays around to make sure that no fragment ends up lost.

      Either way I can't say that I think it is obvious in any way that it should be legal to keep a tracker just because it does not actually hold the file. Its only purpose in existance is to provide access to the file, and also, the hashes that it keeps are generated from the file. While some people are tempted to compare the trackers information to plain linking I think it is a flawed argument. While the tracker only points out where each file fragment is available from the pointed to hosts are not there for any other purpose than to be pointed out by the tracker. They are if you will not really practically reachable in any other way. In that sense one can just as well see the tracker as an integral component in a system that as a whole is illegal.

    7. Re:What's the problem? by micolous · · Score: 1

      The tracker does not have a single part of the downloadable file, at most, a one way hash of the file. To say that is illegal is like saying that e7e14c2e5fc774be11de3a59f91d5697 is illegal because it is a hash of (part of) a copyrighted work.

      This is in contrast to using two-way encryption (such as steganography, which is what your example regarding the slashdot webpage is), where the data given is directly used to recreate the original file.

      --
      SSdtIGFzIGJvcmVkIGFzIHlvdSBhcmUK
    8. Re:What's the problem? by Ath · · Score: 4, Insightful
      Nice try, but that's essentially the same as what Napster was doing. Providing a central "database" where the material was linked.

      The only defense here for such a website is that DMCA-style laws and even old copyright laws provide a safe haven clause. This means that the copyright holder must inform them that the content is copyrighted and unauthorized for sharing. If you check most sites that host Bittorrent links to copyrighted content, they always have some clear language saying "if you are the copyyright holder and this is your stuff, tell us and we will remove the link". Until that kicks in and the copyright holder informs them, there is no liability.

      That all being said, the newer laws (like the one just passed in Australia) lets anyone notify the site and force a reaction. No longer is only the copyright holder themself required.

    9. Re:What's the problem? by grazzy · · Score: 3, Informative

      Well i suppose sometimes it makes sense for the seeder to start a tracker on his own computer, thats not the recommended way.

      A properly run tracker should never host any data. Just torrents. A torrent is merely a file with checksums + some info.

      How do you think for instance, www.thepiratebay.org (swedish) can stay online?

    10. Re:What's the problem? by Anonymous Coward · · Score: 0

      From the torrentbits homepage:

      "Disclaimer: None of the files shown here are actually hosted on this server. The links are provided solely by this site's users. The administrator of this site (www.torrentbits.org) cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms."

    11. Re:What's the problem? by DrSkwid · · Score: 1

      s/roll/role/

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    12. Re:What's the problem? by Quelain · · Score: 1

      "However, laws on P2P differ from coutry to country."

      Can you give an example of a law which makes a distinction between P2P and non-P2P file transfer?

      All machines on the 'net are peers, aren't they?

      --
      Cthulhu loves you.
    13. Re:What's the problem? by unixbob · · Score: 2, Insightful

      Even more to the point, what about the screeners that get released. Lots of these movies come from studios that have been sent the screener for translation or for post production work. If they get their own security in order first then they can start looking outside.

      Remove the source of the high quality pirated material and you will inevitably reduce the interest in the illegal copies.

      --
      The Romans didn't find algebra very challenging, because X was always 10
    14. Re:What's the problem? by 1u3hr · · Score: 1
      That is what I am pondering, the only purpose for a tracker handling a file that is illegal to download is to download the illegal file.

      That assumes that the tracker has a way of knowing which files are illegal. There isn't any reliable way for it to know that; it can't be accused of knowingly facilitating illegal transfers. There is more and more quite legal content on BitTorrent (though probably not a large percentage).

      The same logic would give "the only reason for FedEx to handle an illegal substance is to deliver it to a criminal". Every method of communication and transport can be used illegally, that doesn't mean you can make the whole structure in itself illegal.

    15. Re:What's the problem? by Anonymous Coward · · Score: 0, Informative

      The tracker only hosts the .torrent files

      "The tracker hosts only the".

      It's primary roll is to just keep a database

      "Its", "role", "is just to keep".

      the bittorrent client's request from it

      "clients".

      any copyright material, it just tracks

      "copyrighted", ";".

    16. Re:What's the problem? by 91degrees · · Score: 3, Insightful

      I have to wonder how well that sort of disclaimer actually protects the owner. I mean, if it's quite clear that the site exists to facilitate copyright infringement (n.b. 'if'. I'm not saying it does), then I think that disclaimers not worth the paper it's not printed on.

    17. Re:What's the problem? by tolonuga · · Score: 1

      what about anonymous trackers? run by people
      who do not look at the content of the file
      that is shared. bittorrent allowes to do that
      (nobody does, as trackers generate huge amounts
      of traffic, but it is possible).

    18. Re:What's the problem? by tesmako · · Score: 1, Informative
      That was the whole point, while other hosts are involved the tracker is there as the root of the network, its whole purpose to organize the hosts so that one can recreate the original file.

      As I said I don't know if it really is illegal, but the intent of the law is fairly clear, the tracker distinction is just a technicality.

      The point of the argument was that I don't think it should matter what the tracker has, it should matter what the tracker is there to do. So I am saying:
      The tracker has only one single purpose, to make illegal to download file A downloadable for users.
      While the tracker does not have the file the hosts that do the distribution only do so under the organisation of the tracker.

    19. Re:What's the problem? by Anonymous Coward · · Score: 0

      >> "The tracker hosts only the".

      Actually, there is nothing wrong with split infinitives. The split infinitive has been present in English ever since the 14th century, and it was not until the 19th century that grammarians labeled and condemned the usage. The only rationale for condemning the construction is based on a false analogy with Latin. The thinking is that because the Latin infinitive is a single word, the equivalent English construction should be treated as if it were a single unit. But English is not Latin, and distinguished writers have split infinitives without giving it a thought.

    20. Re:What's the problem? by Anonymous Coward · · Score: 0

      Keep up the good fight. I appreciate the fact that you're offering corrections, not insults.

    21. Re:What's the problem? by mikey573 · · Score: 1

      Man, you're so wrong. The tracker only hosts the .torrent files, if that!

      Actually, the tracker has to have the full file available to be the initial seed. So even if there are enough seeds later, I'd say there is a good argument that the person running the tracker is responsible for the initial distribution and subject to the greatest liability.

      IANAL, just the paranoid founder of the world's largest video game music archive.

    22. Re:What's the problem? by Anonymous Coward · · Score: 0

      You're wrong moron

    23. Re:What's the problem? by BluhDeBluh · · Score: 1

      They don't.

      However, you aren't breaking copyright law by distributing a tracker - it contains no copyrighted information. And in places like Holland, P2P technology is actually legal so you can't simply take down the trackers as the parent post suggested when they're perfectly legal.

    24. Re:What's the problem? by Anonymous Coward · · Score: 0

      Please check your facts before posting, the tracker does not have the full file. If someone chooses to have a seeding client on the same computer as the tracker, that client acts just like any other client.

    25. Re:What's the problem? by nr · · Score: 2, Informative

      Uh no, that is not how it does work. I have created many torrents and shared them on SuprNova. My local machine at home have always been the initial seed for the .torrent, never the SuprNova tracker.

    26. Re:What's the problem? by Anonymous Coward · · Score: 0

      In the USA they probably don't have much if any protection but a lot of trackers are hosted in countries where this isn't a problem. See http://static.thepiratebay.org/legal/ for example. That being said I use Bittorrent all the time for legal purposes. I just downloaded "The Open CD" and let the client run for a few hours till I'd paid back my bit debt and a little extra.

      As has been reported here and by the freakin author himself Bittorrent isn't Anonymous and is one of the worst choices for violating copyrights. Peer Guardian doesn't cut it when RIAA ect. could just log on from an unblocked IP and see who was "sharing".

    27. Re:What's the problem? by nolife · · Score: 2, Informative

      I agree with your point but not your wording.

      There is more and more quite legal content on BitTorrent (though probably not a large percentage)

      That statement is very misleading and will only confuse people or incorrectly allow them to directly associate BitTorrent with other P2P apps like KaZaa and old Napster. No one including yourself has absolutely no idea what percentage of what is being offered with BitTorrent. In fact, nothing is "on" BitTorrent at all as there is no BitTorrent network in any way shape or form. Anyone anywhere can run it and provide pointers to anything. BitTorrent provides no central point for people to connect and see what trackers are offering, other then the transfer method, BitTorrent is NO different then FTP. You can not log into an FTP server and see what other FTP servers around the internet are offering either. They are completely isolated and seperate from each other. I think it is important to have the those details correct to help people understand that BitTorrent is not central to the problem of copyright violations, it is what some individuals do with BitTorrent that is questionable but again, that can happen with any protocol.

      --
      Bad boys rape our young girls but Violet gives willingly.
    28. Re:What's the problem? by EpsCylonB · · Score: 5, Funny

      Fucking AC and ./ grammar Nazis... If you understand the message, what else does it matter?

      This isn't nam, this is slashdot, there are rules.

    29. Re:What's the problem? by Quelain · · Score: 1

      If there are places which have laws against P2P technology, then those laws must define what P2P actually is, right?

      If, as you say, P2P tech is legal in Holland (AFAIK it's not illegal anywhere) it still doesn't follow that using P2P to violate copyright laws suddenly becomes legal. Pencils are legal, but that doesn't mean it's legal to distribute handwritten copies of the latest best-seller novel.

      Distributing a tracker file (for a copyrighted work (for which you do not have the authority to distribute)) doesn't seem any different to what the Napster servers were doing, but still they were shut down.

      BTW, I'm not saying any of this is a good thing.

      --
      Cthulhu loves you.
    30. Re:What's the problem? by Anonymous Coward · · Score: 1, Insightful

      Didn't Napster lose their case for keeping a central database?

    31. Re:What's the problem? by NoMoreNicksLeft · · Score: 1

      Some peers are more equal than others.

    32. Re:What's the problem? by nolife · · Score: 1

      To violate the copyright law is to redistrubute a copy of a work that you do not have the permission from the copyright owner to redistribute.

      To make it known to others that someone is violating a copyright law is NOT violating the copyright law. That law is well defined. Where is that line of facilitating crossed? Jim is selling 8 tracks from his trunk. What if you tell your friend that? What if you put a sign on your car? What if you put up a billboard, an ad in the local paper, the yellow pages, a city wide postal mail? A bulk email? A web page? A note in your personal blog? There is a line that is crossed in facilitating and it is not a well defined line. What if the ad in the above examples is worded differently but ultimately mean the same thing. "Hey, get your cheap 8 tracks from Jim's trunk!" or... "Jim must be stopped, he is ripping off artists and the record companies from his trunk". Both are clearly stating where you can get them and the fact he may be violating the copyright law. How can one method be legal and the other illegal? That is why there are laywers and lobbyists.

      --
      Bad boys rape our young girls but Violet gives willingly.
    33. Re:What's the problem? by I(rispee_I(reme · · Score: 1

      All machines on the 'net are peers, aren't they?


      That was once the case, but sadly, 'tis no longer.

    34. Re:What's the problem? by Cryogenes · · Score: 1

      Why do people assume that it is legal to share hashes of copyrighted works? A hash is a derived work and in the case of a secure hash (such as are used in P2P networks) one that could not have been constructed without using the original work.

    35. Re:What's the problem? by Squalish · · Score: 1

      Yes, but Napster certainly lost in the US.
      There are various opinions of how well it would have stood up based in another country.

      --
      People in Soviet Russia, however, appear to be afflicted with amusing juxtapositions of the aforementioned situation
    36. Re:What's the problem? by trompete · · Score: 1

      Yeah. It's interesting how people rely so much on the PeerGuardian database, which has to be discovered. What happens when the RIAA buys more IP blocks? :/

    37. Re:What's the problem? by afd8856 · · Score: 1

      Rules for what? For the word fuck? We're all adults here...

      As for the content of my message... What I've said is part of the basic netetiquette... why would slashdot want to promote something else?

      --
      I'll do the stupid thing first and then you shy people follow...
    38. Re:What's the problem? by EpsCylonB · · Score: 1

      Its a reference to the film "The Big Lebowski", don't take it personally.

    39. Re:What's the problem? by Anonymous Coward · · Score: 0

      Fucking AC and ./ grammar Nazis...

      Dotslash?

    40. Re:What's the problem? by Khuffie · · Score: 1
      "Vietnam."
      "Slashdot."

      Follow your rules ;).

    41. Re:What's the problem? by Anonymous Coward · · Score: 0

      It's primary roll is to just keep a database of who is sharing what as that is the information the bittorrent client's request from it.

      I like my primary roll with butter and strawberry jelly.
    42. Re:What's the problem? by sig97 · · Score: 1

      I wouldn't call the whole bittorrent system illegal - after all, you might as well use it to share legit stuff. Or am I missing something?

    43. Re:What's the problem? by Cappy+Red · · Score: 1

      It matters because the standardization of language is the entire reason we are able to communicate like this. English is flexible, and can remain discernable through a large number of errors, but that doesn't mean that we should settle for making a large number of errors.

      Further, are you suggesting that we should not learn to overcome our errors? The corrections were delivered without insult. Should we settle for mediocrity, just because we are using a language other than our native one? If I were using a language, any language, and I screwed up somehow, I would appreciate the chance to better myself.

      Don't take those corrections given to another poster as a personal slight. Your English is very good, and had you not mentioned it, I wouldn't have known it wasn't your native language. Just try not to get so angry... it rarely helps anything.

      --
      This is my sig. It's prescription, I swear. I need it for reading things... on the other side of things
    44. Re:What's the problem? by firewrought · · Score: 1
      the person who runs the tracker has set it up with the intent to share the specific file being shared

      I understand your basic argument, but many bittorrent tracker sites let users upload new torrents. E.g., the person running the site does not have "the intent to share a specific file".

      just attack the one facilitating the downloads

      There are a lot of people and companies facilitating the download. The system would not work without ISP's, search engines, networks, hardware companies, and about 2 generations of technology researchers, pioneers, and entrepreneurs. The owner of the tracker is the easiest target for multiple reasons:

      1. No laws have been passed to protect the tracker owner (unlike ISP's, etc.).
      2. The tracker owner is the most cost-effective target for achieving the desired result.
      3. The tracker owner is in the best position to (a.) know that his service is being used to facilitate copyright violation and (b.) take some policing action to compensate.
      I suspect that item 3 provides the moral backbone of your opinion while items 1 and 2 make it expedient. However, note that item 3 applies (with less severity) to every party who has facilitated the transfer.

      So the question is: do you see this just as a matter of degree? E.g., are we suppose to start classifying services as "basically legitimate" and "basically illegitimate" and start passing laws, issuing warrants, and conducting lawsuits from that standpoint?

      Before you answer, keep in mind that every innovative technology gets viewed as illegitimate at some point. Will our desire to protect certain business models today compromise the level of technology available to our children tommorrow? Will we delay the cure for cancer 20 years to protect the margins of the James Bond franchise?

      Okay... sorry for the emotional plug in that last paragraph. I admit that I don't have an easy answer for this problem. But the temptation to reach for easy answers is what worries me in this debate...

      --
      -1, Too Many Layers Of Abstraction
    45. Re:What's the problem? by Anonymous Coward · · Score: 0

      How is a hash different than weighing a book and posting it's precise weight?

      Is that posting a derived work?

    46. Re:What's the problem? by Anonymous Coward · · Score: 0

      good f*cking point!

    47. Re:What's the problem? by bit+trollent · · Score: 2, Insightful

      The thing that makes it hard to target bit torrent users for lawsuits is the structure of the bit torrent networks itself. One network, one file. They can't just search for "Britney Spears - Latest Heap of Crap" and sue people who are sharing it like on kazaa. They also can't just look for the person with the largest library available for dowlnoad like they did with kazaa and Napster because on bit torrent everyone is only sharing one file at a time. The best they can do is connect to as many trackers for their copyrighted material as possible which is complicated by the short life span of most of these trackers and that people may not leave them on for very long. In this environment the best they can do is throw darts blindly in to the network with equal probability of catching a curious first timer or a life-long pirate. hopefully be the time they get to me they will have sued all their customers and nobody will be left to buy their music.

      I personally hardly ever get music or movies off bit torrent anymore. Most new music is crap anyway, so I only leach the occasional cool song off kazaa, and for movies netflix coupled with a dvd burner is better than any p2p network. The one thing that bit torrent is ideal for is downloading tv shows the day they air. I've noticed that The West Wing, The Simpsons, and South Park are usually available on suprnova.org they day they air. If the tv networks would just come to their senses and offer their own high quality copies of these shows with commercials included (like Jon Stewarts live televised bitchslapping of Crossfire) viewers (their customers) could use bit torrent like a free tivo.

    48. Re:What's the problem? by AxemRed · · Score: 1

      The seeder is really the person effectively responsible for the file sharing.

    49. Re:What's the problem? by cpt+kangarooski · · Score: 1

      Napster was destroyed on the basis that they ran a tracker, if you'll remember. You don't have to host, upload, or download, material to be an infringer. You can also be an infringer depending on your involvement with other infringers.

      If you materially contribute to another's infringement, knowing of it, then you're liable too. If you have the right and ability to control another's infringement, and you profit somehow from it, then even if you didn't know of it, you're liable too.

      Read the Napster opinion. You may find it enlightening. And it's all quite solid. Any court would've come out the same way.

      --
      -- 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.
    50. Re:What's the problem? by BluhDeBluh · · Score: 1

      It isn't any different - it's exactly the same as Napster. But, lest you forget, Kazaa legally exists in Holland.

    51. Re:What's the problem? by Jerf · · Score: 1

      A hash is a derived work and in the case of a secure hash (such as are used in P2P networks) one that could not have been constructed without using the original work.

      A hash is not copyrightable. It fails the creativity criterion, miserably. As such, even if it is a derived work in some sense (also highly questionable), it is not copyrightable.

    52. Re:What's the problem? by Anonymous Coward · · Score: 0

      No man, youre so wrong!

      The tracker does a lot more than host the torrent files. Without a tracker, bit torrent would not be possible (although a tracker-less method is in the works.) The tracker is the orchestrator of the swarm, it tells you what users have the file that you are trying to download.

      I think you are confusing the tracker with the site that hosts the torrent files.

    53. Re:What's the problem? by 1u3hr · · Score: 1
      No one including yourself has absolutely no idea what percentage of what is being offered with BitTorrent.

      Which is why I said "probably". Specifically, I was thinking about the large number of Linux ISOs and apps.

      nothing is "on" BitTorrent at all as there is no BitTorrent network in any way shape or form.

      You're arguing about the definition of "on"? I thought it was obvious that in this case "on" means offered by someone via BitTorrent. Analogous to saying something is "on TV" or "on the web".

  4. I don't think BitTorrent will be much of a problem by SimianOverlord · · Score: 3, Insightful

    I imagine the copyright holders will go after the people who index bittorrent seeds, rather than the people involved in the filesharing, for facilitating the crime. If they hit these people, BitTorrent will become less popular as it becomes increasingly difficult to find what you want. It probably won't even matter if this is dubious, legally, just look at the RIAA's actions. A few C&D letters will cool off most people who have neither the money or inclination to fight a protracted court battle.

    --
    Meine Schwester ist sehr, sehr reizvoll - Nietzsche
  5. What's the difference? by pen · · Score: 4, Insightful

    Kazaa:

    1. Run a modified client on a standard ISP address
    2. Record IP addresses of everyone allegedly sharing your copyrighted material
    3. Send out the DMCA notices to ISPs

    BitTorrent:

    1. Run a modified client on a standard ISP address
    2. Record IP addresses of everyone allegedly sharing your copyrighted material
    3. Send out the DMCA notices to ISPs

    (The effectiveness and ethics of this method are a different story.)

    1. Re:What's the difference? by raventh1 · · Score: 1

      What if you can't get in to the tracker? Other P2P programs have always wanted more and more people, random people. What if you only let trusted clients on the tracker? This is the headache, and with Kazaa, there isn't any way to do this. I could setup a tracker, and give my closest friends accounts to it, and only let them on it. Now if I'm sharing my own music that I made, this is wonderful. The problem for 'Industry' is they aren't my friend, so they can't even tell if I am doing illegal things.

    2. Re:What's the difference? by tolonuga · · Score: 1

      but note with most filesharing tools there are also these steps:
      2.1 search that user for more copyrighted material
      2.2 add it all up to make any lawsuite real expensive

      What are you going to do with bittorrent?
      Most people seed only a few files, possibly on different trackers. There is no easy reverse lookup to get the filename from the binary content.

    3. Re:What's the difference? by Anonymous Coward · · Score: 0
      Because Kazaa is a relatively centralised network, it's easy to search for copyrighted material, and then take action against those sharing it. With BitTorrent, you need to find the torrent files; you need to access the tracker; and then, and only then, can you take action.

      If the torrent files are all behind a password protected web site, and passwords are only given out to those that the site owners trust (which may be arbitrarily few or many people, depending on the site owners), the chances are good that the MPAA and RIAA will never be able to crack down on that particular file. Torrents posted to Suprnova, sure ... but elsewhere? Places that aren't so well known? Might be a bit harder.

    4. Re:What's the difference? by Anonymous Coward · · Score: 0

      Yes, this is an oft forgotten advantage of BT: Limited liability. After all, even with the most insane of copyright legislation, what is a single tv series episode worth?

    5. Re:What's the difference? by Anonymous Coward · · Score: 0

      The difference is that BitTorrent forces you to share.

      For example, someone can pop on Kazaa and not share anything at all. Sure they could be caught for downloading something, but that's not usually what they are looking for. They are looking for people sharing stuff and on Kazaa you don't have to share anything.

      With BitTorrent you are forced to share. So when you start downloading something you are also sharing copyrighted material. More people sharing equals more people to bust.

      See how that works?

    6. Re:What's the difference? by Anonymous Coward · · Score: 0
      Yes, this is an oft forgotten advantage of BT: Limited liability. After all, even with the most insane of copyright legislation, what is a single tv series episode worth?

      I couldn't say, but once they start bringing lawsuits against end users we're going to find out. Probably withing 18 months.

    7. Re:What's the difference? by Sique · · Score: 3, Informative

      With BitTorrent you are forced to share. So when you start downloading something you are also sharing copyrighted material.

      You fell for a small but important trap. Just because you are downloading something doesn't mean you are downloading copyrighted material. And just because you are downloading copyrighted material it doesn't mean you are doing anything illegal. And just because you are downloading copyrighted material and at the same moment share it to other people interested in the same material you are still not doing anything illegal.

      Many people distribute their own stuff with BitTorrent, because so they only need to seed the material and have maybe to handle the amount for two or three complete downloads from their site. All the other people get their data from those who already got the block in question. This is a huge bandwith saver for all involved parties. Mandrake Linux gets distributed that way for instance, and you can also get other distributions that way, completely legal.

      So different than KaZaA or other file sharing networks where you have to look out to find some legitimate use, with BitTorrent it's easy.

      On the other hand: The article especially points out that one of the counter technics employed by MPAA and RIAA is to put bogus files with an interesting file name up for sharing. So people searching for a special file may end up with a file with the same name but a different content. Centralized hosting of "proven" files like Napster did made them liable for copyright infringement. Calculating checksums would only help if you could compare the checksums with a trusted database, which is open to the same type of liability, because the database has to calculate the checksums by using the original files. So infecting KaZaA with bogus files and forged checksums is easy. And you know how many files everyone is actually sharing, because you can just query the client and ask. This makes KaZaA and similar systems vulnerable to two types of attacks: Tracking people distributing immense amounts of files, and poisoning the data pool with fake files.

      With BitTorrent it's different. Everyone seeding a file is taking technical responsibility for the correctness of the file. But the actual data blocks are coming from other computers. The tracker keeps track of the different computers sharing exactly this file. For every other file there is another tracker. So with the tracker data you can actually find out who's sharing a specified single file, and because of checksumming you can be confident that all people listed in the tracker are sharing the same file derived from the same original data. But you don't know which files else are being shared on the same computer, because their trackers are being somewhere else. So all a copyright infringement tracking bot connecting to that tracker gets to know is information about this single file. Quite ineffective, and if you go to a judge with an IP address and tell them: "From this IP this one file was distributed" he'll probably tell you that he has more important stuff to do.

      So people sharing large amounts of data don't appear any different to the bot than people just sharing a single file. And poisoning the data is also not easy, because you can't spoof someone elses seed and tracker. So you have to establish yourself as a second source, with your own seed and tracker, and if you don't provide correct data, your seed will die out soon. There may be an attack possible if you hack BitTorrent yourself (it's GPLed, after all), and if you take part of the actually ongoing BitTorrent sharing, but send fake blocks to every request you get. But then the checksumming will detect you quite soon, and you loose again.

      --
      .sig: Sique *sigh*
  6. So many legit uses by Zorilla · · Score: 5, Insightful

    Perhaps the difficulty in battling BitTorrent is because it's harder to argue that its only purpose is to pirate material? We've seen plenty of good uses for it, such as alleviating the bandwidth pains of downloading Windows XP SP2, high demand game patches (Take THAT, Gamespy and your system of waiting behind 400 people in line!), etc.

    --

    It would be cool if it didn't suck.
    1. Re:So many legit uses by Bender+Unit+22 · · Score: 1

      I agree, BitTorrent does what all the other p2p applications promised to do.

    2. Re:So many legit uses by Zorilla · · Score: 1

      Haha, funny actually. But I believe the success of this is because it integrates so well into the web experience. The closest anything else ever got was the ed2k:// delimiter for eDonkey, but never really took off - probably because every download took hours to finally pick up speed.

      --

      It would be cool if it didn't suck.
    3. Re:So many legit uses by alwsn · · Score: 1
      We've seen plenty of good uses for it, such as alleviating the bandwidth pains of downloading Windows XP SP2, ...

      Yes, BitTorrent has a lot of good uses and downloading WinXP sp2 was a very good use, but it wasn't a legal use. Just because Microsoft gives the patch away freely, that doesn't mean they include unlimitied distribution rights. I'm not sure if the same holds true for game patches or not. Just because something is highly useful and seems okay doesn't automatically make it legal.
    4. Re:So many legit uses by coopseruantalon · · Score: 1

      Well, linux distro can be quite a pain getting without it, not to mention distribute. Also peoples personal videos and music. Another bonus is the centralized way in wich the download starts. you can have the torrent lie on the programs webpage and then have torrent network handle the download itself.

      Plus it gives you that added sense of contributing :-D

    5. Re:So many legit uses by Bender+Unit+22 · · Score: 1

      That was exactly what I was thinking too.
      The idea of allowing people with limited resources to spread (knowledge of) their stuff, never really happened the way it has with BitTorrent. Even with the possibility of inclusion of the links.
      Just placing their files on a p2p network without the usage of a web page to promote it won't do much when people don't know what to search for.

    6. Re:So many legit uses by alwsn · · Score: 1

      True, I wasn't trying to imply that BT had no legitimate uses. I only meant to say that some of the given ones were, suprisingly, not legitimate.

    7. Re:So many legit uses by Taladar · · Score: 1

      So you say if I download SP2 for a friend of mine who has no (or slow) Internet I am doing something illegal. If that is true MS has licenses more fucked up than I thought until now.

    8. Re:So many legit uses by legirons · · Score: 4, Interesting

      Pretty interesting article, and it seems to show quite clearly that some people will stop at nothing to destroy large sections of the internet.

      The article is full of quotes about film-industry people bitching about how difficult it will be to destroy bittorrent. "It's very difficult for an interdiction company to get in the middle of that system" ... "BitTorrent has proven to be resistant to some of the countermeasures the entertainment industry has taken to sabotage file-sharing"

      Uh-huh. Yes, the internet is resistant to people attempting to destroy it, that's part of the design. The worrying thing is how many people are completely open about wanting to do so.

      " [John] Malcolm of the MPAA declined to say whether the trade group intends to sue Cohen" - I think that says it all really, that such options are even being considered. You may as well sue the founding fathers for allowing people to speak in public.

    9. Re:So many legit uses by tarnin · · Score: 1

      Blizzard is using a Bittorrent client for its patching even now that it is live. Alot of trailers are now being pushed out, legally, via bittorrent. Linux disto's use bittorrent. There are so many legal uses of this that it's very easy to put them up againt the illegal use. Lets hope that stands up when the lawyer houses start the train's in the higher courts.

    10. Re:So many legit uses by Pixelphoenix · · Score: 1

      Agreed. BT was also used by Blizzard to distribute their WoW Open beta client.

    11. Re:So many legit uses by Anonymous Coward · · Score: 0

      We've seen plenty of good uses for it, such as alleviating the bandwidth pains of downloading Windows XP SP2, high demand game patches

      Indeed, that's why we're all waiting for a next generation P2P app, one that will prevent all that crud getting listed, so we can concentrate on all the illegal goodies available.

    12. Re:So many legit uses by ScrewMaster · · Score: 1

      And that, my friend, goes right to the heart of the matter, and is exactly what the original Betamax decision was all about. Overturning that decision, either in practice or by law (or both), is what the media cartels are in the process of doing. The Supreme Court, at the time, understood the nature of technological development: the majority benefit with a few being displaced. They also understood that the majority should not be denied access to the fruits of that development to protect a few private interests. It remains to be seen whether the current High Court will have the same vision. They could really screw us over if they go the wrong way.

      Of course, as has been pointed out here on Slashdot numerous times, the fact that the media companies managed to make substantial amounts of money from such innovative technologies as the audio cassette, the VCR, the CD and DVD other forms of writeable media should not be forgotten. Yes, copyright infringement has occurred when their customers obtained access to writeable media of all kinds, but historically, once these conglomerates jumped on board they managed to make even more money than they were making before! And the only reason that happened is because they weren't allowed, by legal precedent handed down from the Supreme Court, to become the arbiter of "good" technology. By way of example, look at AT&T: for almost a hundred years they controlled the entire phone system. Nothing could be connected to it that they didn't manufacture or provide. Consequently ... all we had was basic phone service and simple telephones. Yes, they were a government-granted monopoly but times had changed, and the old Bell System's attitude towards anything new (from the end user's perspective) was, basically, "forget it." Their greatest innovations were the Princess Phone and the RJ-11 jack. I'm not talking about Bell Labs or all the other switching system innovations that AT&T pioneered, but I am saying that they really weren't doing anything to provide more capabilities to the end user.

      All the neat stuff we take for granted nowadays, digital answering machines, voice mail, modems, and so forth, became possible because AT&T's lock on subscriber hardware was broken, and third parties were allowed to provide equipment to connect to the network. If we allow an equally overbearing cartel to control our digital media, we will end up with a technological landscape just as bereft of new ideas.

      --
      The higher the technology, the sharper that two-edged sword.
    13. Re:So many legit uses by Naffer · · Score: 1

      Except their bittorrent system sucked pretty hard for anyone on an asynchronous connection because it offered to ability to reduce upload speeds. If I have a cable connection that runs at 384k/4000k, and I'm uploading at 48K per second to other peers, there is going to be very little upstream bandwidth left to properly maintain a decent download speed. Not only that, but uploading at the full speed that your connection permits seriously increases latencies and makes other internet use almost impossible.
      The last patch was minor, and wasn't pushed by their bittorrent system. I hope they improve it for future (larger) patches.

    14. Re:So many legit uses by Anonymous Coward · · Score: 0

      The problem with BitTorrent is that when the release period ends, the file pretty much goes disappears. Or you find a .torrent with nobody on it and therefore no downloads (try an old Linux Distro torrent).

      On edonkey files go into people's share folders and stay on the network forever (even when they are incomplete, corrupt, misnamed, etc).

    15. Re:So many legit uses by ryturner · · Score: 1

      I don't think it would be illegal for you to download it. However, it would be illegal for someone besides microsoft to distribute it to you.

    16. Re:So many legit uses by dbIII · · Score: 1
      The article is full of quotes about film-industry people bitching about how difficult it will be to destroy bittorrent
      Film industry people are their own enemies. Recently a film company petitioned my government to get them to stop the same companies DVD distribution section from selling copies of a movie that hadn't had a cinema release yet. How is that for trying to waste tax money on their own internal little squabbles? The region scam may be law in the USA, but it is just a scam everywhere else.
    17. Re:So many legit uses by Anonymous Coward · · Score: 0

      Yeah, bittorrent is a real nice tool.... until the EU votes EUCD and IP Enforcement which make it a crime to use it, because it may also be used to distribute (copyrighted) music and movies. Hopefully our politicians will show some spine when the subject comes up for vote, and will think of the many legitimate uses of this technology before attempting to outlaw it.

  7. As long as there is a legitimate use... by darnok · · Score: 4, Insightful

    of Bittorrent (e.g. downloading Linux distros), the RIAA and MPAA have no legal way of killing it off. Bittorrent is outstandingly useful for downloading all sorts of large files, and not all large files are copy-disallowed material.

    As the article said, the genii is now out of the bottle, and there's no way it can be captured and contained again.

    1. Re:As long as there is a legitimate use... by Anonymous Coward · · Score: 0

      the genii is now out of the bottle

      Genii? As in the plural of genius? That must have been one cramped bottle.

    2. Re:As long as there is a legitimate use... by ricotest · · Score: 1

      And yet my university, among others, insists on blocking it. It's the only thing they block through the HTTP proxy.

      Ironically the first .torrent I tried to download was legal, and I come across about 4-5 files a week that I'd want to download, and are legal, but are filtered.

      The only way I see around it, short of simply asking other people to send you the file (since BitTorrent traffic itself is, ridiculously, not blocked) is to download it through an HTTPS proxy. I have not yet found a web-based free HTTPS proxy that allows you to download torrents, though.

    3. Re:As long as there is a legitimate use... by Anonymous Coward · · Score: 0
      I walked into my local bank wearing a commando mask and wielding an assault rifle.

      I had the commando mask because I was worried their air conditioning would be turned too low and I'd get frost bite. And I had the weapon in case of a bear attack.

      See, I had a legitimate use for my gear!

      And the cash I got from the teller, uh, err, lemme think... I was just testing the bank's security, yeah, that's it, nothing wrong with that. You got to let me go, Your Honour! I hereby invoke the Slashdot Law of Legitimate Use!

    4. Re:As long as there is a legitimate use... by ckotchey · · Score: 1

      Yeah, if you're going to go after bittorrent (which is really just a glorified FTP protocol), then it should be time to go after everyone using FTP, right?

    5. Re:As long as there is a legitimate use... by adeydas · · Score: 1

      yup, the genie is out alright. what i don't get is its particular people that are exploiting the service, the service is not directly at fault. so why not devise way to check these people and not bring down the entire service!!!

    6. Re:As long as there is a legitimate use... by mindstrm · · Score: 1

      Yes, however, sites running trackers & associated web interfaces that database, search, discuss, and collect torrents of copyrighted material ARE contributing to copyright infringement. Suprnova, elitetorrents, etc.

    7. Re:As long as there is a legitimate use... by Anonymous Coward · · Score: 0

      Actually, the **AA will probably bri^h^h^H Lobby congress to pass a law banning stuff like Bittorrent, that means a vast majority of democrats will be for it. Microsoft will join them because people will use it to download lin^h^h^h their software illegally, that means a vast majority of Republicans will be for the bill. To get the Libertarians divided, all they would have to say is "Bittorrent primary use is IP theft", and we know the LP position on theft, whether it's the government or from individuals.

      If they go with that plan, they will pass a law here in the US, and other countries will follow closely.

    8. Re:As long as there is a legitimate use... by Megane · · Score: 1
      That's an amusing way to block BitTorrent.

      Perhaps you could get people to post .torrent files to usenet? There has been some of that going on in the anime binaries groups. Torrent files are miniscule compared to usenet binaries, and usenet's flooding works much more efficiently than having to go to a metatracker to get torrent files.

      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    9. Re:As long as there is a legitimate use... by Anonymous Coward · · Score: 0

      shhhh...

    10. Re:As long as there is a legitimate use... by NeoSkandranon · · Score: 1

      Torrents get blocked at the university firewall mostly due to the fact that in BT *everyone* uploads. Upstream bandwidth is alot more expensive than downstream.

      --
      If you can't see the value in jet powered ants you should turn in your nerd card. - Dunbal (464142)
    11. Re:As long as there is a legitimate use... by ScrewMaster · · Score: 1

      Not all countries. China won't give a damn, and there are a lot of other Internet-connected countries that have no interesting in being "harmonized" with the United States' drain-bamaged copyright system (Canada, say ... more power to them.) All the United States (and all the other countries that are being harmonized with us) is doing is shooting itself in the foot. Freedom and innovation are essential to remain competitive in this "global economy" that Congress foisted upon us and the rest of the world. That applies to any nation. The problem is, the legal measures that are being taken to eliminate the abuses of this technology (the DMCA, for one) are a. not having the desired effect and are b. making the efforts of those few of us willing and able to create new and useful technologies that much more difficult. We're slitting our own throats, economically speaking. Just imagine the pitiful, plaintive cries we'll hear from the RIAA and the MPAA when there's no-one left in the ex-superpower, third-world United States of America that can afford to buy a DVD or CD.

      --
      The higher the technology, the sharper that two-edged sword.
    12. Re:As long as there is a legitimate use... by ScrewMaster · · Score: 1

      No ... just very very small genies.

      --
      The higher the technology, the sharper that two-edged sword.
    13. Re:As long as there is a legitimate use... by Tassach · · Score: 1
      And yet my university, among others, insists on blocking it. It's the only thing they block through the HTTP proxy.
      They may have legitimate reasons for doing so which have nothing whatsoever to do with the nature of the content being shared. Bittorrent is a bandwith hog, and can interfere with other legitimate uses.

      Is it fair for one student to suck down the full set of Fedora ISOs if it interferes with other students who are trying to (for example) research papers online, or some professor who's downloading research data? The managers of the network have the responsibility to contain costs and to ensure quality of service, and make sure that that the available resources are prioritized correctly. Blocking bittorrent completely may be a bit draconian, but consider that they may not have the time or resources necessary to implement a less intrusive rate-limiting solution.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    14. Re:As long as there is a legitimate use... by iamwahoo2 · · Score: 1

      You may not know much about the creator of BitTorrent, so we can let this slide. His original intent was to allow for distribution of things like Linux, and his website specifically discourages the use of his software for illegal distribution. It would be silly to punish him and his invention as well. Why? you ask? because that will simply necessitate the linux crowd to create a new protocal allowing for high speed distribution of large files. Then, the pirate crowd will simply latch onto this new technology.

    15. Re:As long as there is a legitimate use... by darnok · · Score: 1

      No, I do know about the original intended use of BitTorrent, and that it was created so stuff like Linux distros could be distributed.

      That's my point - unlike Napster, Kazaa, etc., BitTorrent was created to service a legitimate, useful and ongoing need that isn't about to go away. As others have said, many P2P solutions have sprung up to fill an unsatisfied need for music (and now movie) distribution - the music industry failed to meet that market early enough, and now has to find a way of competing with "free" and high quality music.

      If Kazaa et al get squished legally, another 5 solutions will spring up, and they won't have the legal exposure/s that Kazaa had that caused their demise. The next step will be for RIAA companies to change legislation to try to block that next set of P2P apps, and so on it goes until someone invents a way using e.g. FreeNet to provide P2P services. At that point, it'd be game over - untraceable files, stored in fragments with strong encryption across multiple unknown servers, and nobody can know which piece of file is stored on their own server. How do you legislate *that* out of existence?

      The music industry has more chance in trying to sell music over the Internet themselves, and bundling it with other services e.g. free concert tickets, or whatever. There is no way people will switch back to paying big bucks for music on CD, now that they've tasted it for free; the only possible way the RIAA can ultimately win is to sweeten the pot by bundling something with CDs that can't be freely duplicated, and concert tickets is one option that springs to mind.

    16. Re:As long as there is a legitimate use... by wintermute1974 · · Score: 1
      [...] there are a lot of other Internet-connected countries that have no interesting in being "harmonized" with the United States' brain-damaged copyright system (Canada, say ... more power to them.)

      This could all come to an end soon. The Standing Committee on Canadian Heritage (CHPC) has recommended that Canada ratify the World Intellectual Property Organization's Copyright Treaty.

      If the federal government actually ratifies this treaty, a made-in-Canada Internet policy dies. Suddenly, intellectual property owners will issue threatening letters to ISPs, and ISPs will pull user accounts. This is the "notice and takedown" system so popular in the U.S., backed up by horrible laws like the DMCA.

      I agree with Will Pate on his blog:
      If Canada wants to "solve" the problems of the Internet, it should be looking to find "Internet-native" solutions. Canada's Internet laws should treat copying as a feature, not a bug. It should empirically evaluate which sectors are negatively impacted by file-sharing (mounting evidence suggests that almost none of the entertainment industry's woes can be blamed on the net) and then solve those industries' problems with blanket licenses and other tools that don't seek to regulate copying, something that's impossible to do without breaking the Internet.

      Solutions that approach the Internet as a problem are no solutions at all.

      The emphasis is mine, not Will's.

      So, listen up Canadians: Find your MP's e-mail address and tell him or her that you oppose ratifying the WIPO treaty.

      Non-Canadians can help too: E-mail the chair of the committee, Marlene Catterall and tell her that Canada has an obligation to help draft progressive policies for the betterment of the world.
    17. Re:As long as there is a legitimate use... by danila · · Score: 1

      MST3K uses BitTorrent to distribute their own programs for free. So there are even movies (albeit crap movies) on BitTorrent legally.

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
  8. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 1, Interesting

    Not a problem. We'll just torrent the torrent index.

  9. Private Trackers by Celt · · Score: 3, Interesting

    Even here in Ireland one friend of mine got a notice from his ISP saying he was downloading from suprnova and that Universal had tracked his IP.
    So sites like suprnova are wayyyy to open and as time goes by the smart people have moved away from such sites.

    But there are private trackers as well they have.
    - Alot of people
    - Alot of content
    - Good ratios so speeds are good

    Nothing like suprnova and they are monitored carefully by the owners, so how are the MPAA/RIAA going to monitor these?

    --
    "WebTV: bringing the Internet into the shallow end of the gene pool since 1995" - Martin Bishop
    1. Re:Private Trackers by Anonymous Coward · · Score: 0

      Hahah,

      I know ISPs here in Iceland occasionally get those letters ("Our company has been tasked with maintaining the Intellectual property of [...] The following IP address was found to be participating in illegal distribution of the file [...]"). They always mention the DMCA, as if that applies anywhere outside of the US of A. And all the ISPs that I know of just ignore them. There was actually a short discussion about that on an ISP-admin mailing list here, and the general concensus was that people didn't bother with it.

      Anyway, just wanted to add that.

    2. Re:Private Trackers by idolcrash · · Score: 0

      Well, technically, he was downloading files that were indexed by suprnova, but the companies were most likely going onto a torrent and taking notes of the IPs/domain names they connected to (most modern clients do this), then sent the C&D letters to the appropriate places. However, the ethics or legality of this (since they are giving the other people parts of the file as well, effectively setting up an illegal honeypot of sorts) is questionable. AFAIK, Universal (and/or Paramount) have been hounding BT users for quite a while on their own.

    3. Re:Private Trackers by Anonymous Coward · · Score: 0
      Way to get content"

      http://torrent.hackz.nl/

    4. Re:Private Trackers by dbIII · · Score: 1
      got a notice from his ISP saying he was downloading from suprnova and that Universal had tracked his IP.
      Not posible your honor, my IP address is 127.0.0.1 and I can prove it!
    5. Re:Private Trackers by Anonymous Coward · · Score: 0
      This is so true. I work for a medium ISP in Germany and we ignore 99% of those letters.

  10. Why don't they use it instead by tero · · Score: 5, Insightful

    I'd be willing to pay for legal (non-DRM:ed) downloads of movies and tv-shows. Subscription or just per download, take you pick, I don't care.

    I fail to see why Hollywood won't learn from RIAA's mistakes (and Apple's success) and start a service like this, the audience is global, there's tons of cash to make!

    I live in a small nordic country (Sweden) where you have to wait 1-2 years for most "cool" shows (and even then they might get a timeslot around midnight) or get passed altogether (example, they just started running Angel Season 1, 01:00), so downloading series and buying them in DVD formats is more of a norm for me and many of my friends.

    Now, a legal torrent.. that I'd pay for (and they'd even get my upload bandwidth for free).

    1. Re:Why don't they use it instead by alwsn · · Score: 4, Insightful
      Rather than fight BitTorrent, the networks need to realize the powere behind online distribution. Here is what a successful TV distribution system needs.

      Light DRM

      While DRM is disliked by end users, a DRM free system will never be launched. The networks wouldn't allow a DRM free system as it could, and would, be used to distribute shows to people who didn't pay. DRM should be in a similar style to iTunes, allowing a reasonable amount of use, while still making it very difficult for the casual user to instant message or upload a song over P2P to someone. Ability to play the show should remain for at least the length of the show's season.

      Reasonable and Flexible Cost

      Although many users enjoy shows, 'my cable bill' divided by 'number of shows I watch' will drive end user logic about perceived value of a show. $3 dollars per show is low enough to be reasonable, and hopefully high enough to generate revenue. Offer package deals, if someone is a fan of the show, offer the season at a 25% of 33% discount of all episodes are bought up front.

      Marketed Well

      DRM distribution of files would allow the networks to promote their shows. Sign up for the service, and get one free episode from each show on the upcoming fall lineup. This would help get potential new viewers to generate more income. Tie online season pack sales in with significant discounts on eventual DVD releases. This will help people feel they're actually getting something tangible for their money. Market internationally, as many countries don't have new shows promptly available.

      Acknowledge the Inevitable

      Thousdands, if not millions, of people are already downloading episodes. Many of these people would be happy to pay for these episodes and would enjoy the convenience and reliability of a legal option. Younger people are watching less TV and are spending an increasing amount of time on computers. Move the media to where people want to view it.
    2. Re:Why don't they use it instead by tolonuga · · Score: 1

      they don't see a business case.

      look at the numbers: the movie industrie has
      never made more profit. now is their time to get rich. so the last thing they want to do is experiment with something, that might as well cost them their profits. now is the time to protect that cash flow, and that means spending some percent of the revenue on legal issues.

      also don't forget most people have "broadband"
      meaning 1,2 or 3 mbit. that is good enough for a few trailers and mp3 downloads, but is not very convenient for the average users. once 10 to 50 mbit is what the average user has, then they can sell video content directly.

      also note the format wars are still happening, even if more and more wmv looks like the winner.
      (or xvid by popularity contest among normal people. or dvix? you see, it's not decided...)
      it is normal for companies to wait till those things are settled.

      and one more issue: hd dvd or blue ray? dvd braugt in lots of money by re-selling old content. let's do that again with a new format in a few year! most companies would love to. so they have a more important development to focus on.

    3. Re:Why don't they use it instead by pritchma · · Score: 1

      Mod the parent all the way up to Hollywood!

      For me, its not about piracy at all, not even remotely. I want to consume media - music, TV, movies, games and I'm happy to pay for it. I'd probably pay $30/mth for all the content I can download. Could the suit-wearers imagine the revenue from collecting $30/mth from every family in Australia? Can your greedy minds cope with a revenue stream that large?

      In Australia, we don't have something of the shelf that I'm aware of like Tivo or ReplayTV (sure, I can spend some geek-fu and build a Myth box, but I haven't got around to it). Commercials are 8-10 minutes of a 30 minute show and I hate wasting *1 hour* of my life if I watch TV for 3 hours in the evening.

      The alternative is to download commercial-free avis of Battlestar Galactica, The Apprentice (-ve karma there!) etc. I could (allegedly ;-) ) watch it when I want, with no ads.

      Music? Why would I drive 15 minutes to the nearest store, fight hoards of obnoxious teenagers, put up with inane top 40 muzak, and deal with some punk store kid when I can just browse online?

      Don't the *AA get it? Its not about piracy. Its about content delivery. Technology has changed the way you interact with your customers - with apps like BitTorrent, the more customers you have, the LOWER your costs per sale. DRM doesn't work, there is always an analogue signal to re-digitise and distribute. People watch cams!

      Wake up and smell the coffee...change your distribution model and make even more of your precious $

    4. Re:Why don't they use it instead by tolonuga · · Score: 1

      selling online video will work a lot better
      if people had 10-50 mbit download capabilities.
      in asia where many people have that, the companies offer video on demand, sell the latest dvd show or tv streams etc.

      so in europe and north america companies are more likely to wait for the new technology to arrive, as with the current 1,2 or 3 mbit download "broadband" in most countries, they don't see a big market.

      but here is the dilema: the main thing today driving the market in offering faster internet connections for the normal user is peer2peer
      networks with warez content.

      so companies hate it, as they often think, it costs them loss in form of revenue not happening, but in long term view it is driving technology towards a new market where they can sell and earn new profits.

    5. Re:Why don't they use it instead by Vegeta99 · · Score: 2, Insightful

      Your idea sounds great, but remember how cheap people really are.

      $0.99/song to have it forever works great.

      $3 for a show which, knowing how these things work, STILL HAS ADS THAT YOU CAN'T SKIP, won't.

    6. Re:Why don't they use it instead by extra+the+woos · · Score: 1

      $3 is way to high when for $1 I can get a dvd of a tv show series that has 4 episodes on it... lol.. $3 a season i'd buy....~

      --
      replacing it with NEW Folger's Crystals! (lets see if they notice the difference)
    7. Re:Why don't they use it instead by TheoMurpse · · Score: 1

      "for $1 I can get a dvd of a tv show series that has 4 episodes on it" yea verily you are smoking ye olde crackpipe or are you piiiiirating that DVD, in which case why are you paying??

    8. Re:Why don't they use it instead by TheoMurpse · · Score: 1

      good lord, for someone who watches their local news every night, and watches The Daily Show with John Stewart, their TV watching bill would come to

      30 days * $3 = $90 for local news!!
      then we have 20 episodes of The Daily Show a month, which comes to $60

      even with a 33ish% discount (it would come to $100), you still would be paying more than I pay for cable...

      i'd rather just pay my 40 bucks for cable...

    9. Re:Why don't they use it instead by Deliveranc3 · · Score: 1

      Because people don't like sticky feet my man.

      The movie industry has the most blatant price tiering system ever, and there is no way you'd put up with it in your home.

    10. Re:Why don't they use it instead by PhotoBoy · · Score: 1

      I'd be willing to pay a little extra if it meant no adverts, that's the biggest pull of BitTorrent for me personally.

    11. Re:Why don't they use it instead by diabolus-ex-machina · · Score: 1

      Market internationally, as many countries don't have new shows promptly available.

      Even if I totally agree, this maybe be the exact reason why we won't see happenning soon.

      Here in France, american shows come three to four years after the first TV release in the US. For films it's usually one year to 14 months. We already have region locked DVD, region locked iTunes Music Store, the next Bittorrent Movie Store will be region locked I'm afraid. And the big entertainment companies will take their time to find a worthy agreement (for them of course).

    12. Re:Why don't they use it instead by liposuction · · Score: 1

      I agree. They're scared of the unknown.

      --
      "Thoughts are more powerful than any weapon, and I don't even let my people own guns." --Joseph Stalin
    13. Re:Why don't they use it instead by museumpeace · · Score: 1

      this post and parent definitely describe a solution that a technologically savvy industry would consider. But in the movie business, you have a mix of big money from tech-illiterate stake holders who have got where they are as much by application of high powered legal staffs, cost control and maybe a little market insight as by any understanding of how their product gets into the hands of paying end-users...that is NOT a tech-literate industry. The only risks they know how to take are the betting on whether director x and mega star y and writer z can put out something that will pay back the 100million being invested. Changing their paradigm for their industry's money flow is not going to happen until its obvious to all that it has been hopelessly broken by technical developments
      The first technology, fire, was morally neutral having both beneficial and horrific uses. Nothing has changed. Moral questions [like "oh, are we stealing content that cost someone a fortune to produce?"] are orthogonal to technical challenges ["how can I use all the idle bandwidth in the world to get around serialized transfer protocols?"]
      and don't forget, movie effects noone could dream of making even 20 years ago are now common and drawing huge audiances to theaters because the CG and animation geeks have given the industry such cool tools...techonology giveth and technology taketh away.

      --
      SLASHDOT: news for people who can't concentrate on work or have no life at all and got tired of yelling back at the TV.
    14. Re:Why don't they use it instead by zecg · · Score: 1

      Exactly. But that is the content producer's real problem. As it is now (with the TV), media conglomerates can push politically correct, sterile, badly written crap into people's homes and garnish it with marketing brainwashing. Obviously, if there was a system of distribution that allows people more choice, a lot would have to change.

      --
      .i lu doi ringos.star. xu do puku'aroroi dunli dopecaku leni virnu li'u
    15. Re:Why don't they use it instead by One+Childish+N00b · · Score: 2, Interesting

      The BBC over here in the UK are already trying to implement a solution like this. I had a reasonably formal conversation with Matt Locke, the director of their creative R&D department, when he visited my college to give the kids a talk on careers in the BBC. We got onto the subject of online distribution - we discussed a closed online distribution method they were developing solely because Younger people are watching less TV and are spending an increasing amount of time on computers. Move the media to where people want to view it.

      The plan is to have people pay a weekly flat fee (much like you would a cable bill) and have access to all the shows broadcast on the BBC-owned channels over the past seven days, as well as previews of new shows before they made it to the BBC's own channels. They, of course, would come with DRM - the shows would become unwatchable after seven days - but I thought this was a fairly reasonable trade-off. He also suggested (in an official BBC capacity, just for the record) that a distributed 'BitTorrent-like' download system could be used to take the load off the corporation's servers - he went to great pains to reinforce that 'the BBC did not support illegal downloading or filesharing' and that they would lock down their transfer method rather than just using BitTorrent, but he did say that 'the BBC supports the idea of using distributed downloads of legal material'.

      I think this fills all four of your points, and it's nice to see a guy with a big position at a major broadcast corporation start seeing sense - not all people in corporations are evil, and Matt Locke is genuinely nice guy - if the BBC's idea works out it'd be nice to see some of the American networks follow a similar pattern, but to be honest I can't see it happening - you guys always seem to be a lot more 'closed' when it comes to distributable content, and I expect most broadcasters would still be too scared about people cracking into the system... I expect the BBC have less to lose financially if people do still get material illegally, as anyone with a TV is already paying them with our TV licence fees whereas most Americans could just ditch cable altogether if someone cracked a system like this, but that's no reason for a few not to maybe try it if the BBC gets this plan up and running.

      And as for a similar style to iTunes, I got to see a mock-up of the client - brushed metal everywhere - seems everyone's taking a leaf out of Apple's style book ;)

      --
      Dealing with lawyers would be a lot less tedious if they all looked like Casey Novak.
    16. Re:Why don't they use it instead by Anonymous Coward · · Score: 0

      It's all about the Benjamins, baby.

      That being said, I've noticed that Hollywood *MAY* be finally reacting to the internet downloading crowd. (But not deliberately.)

      Anybody else seem to notice how quickly movies have finally started to move from in-theatre productions to video/dvd?

      The only thing that they still don't move quickly to is over-the-air (not cable) broadcasts.

      As a matter of fact, now that I think about it, it would seem that *certain* movie franchises (LOTR, Star Wars, HP, et al) may actually make *more* money in the DVD business. How so? Well, here's the slashdot steps to success for this:

      Step 1:
      Produce a movie that has a big fan following.
      Step 2:
      After it's initial cinematic release, release a basic DVD that has just the movie, maybe some diffy language tracks, and closed-captioning.
      Step 3:
      Release that same DVD in wide-screen (non-long torsovision) format
      Step 4:
      Release a "Collector's edition" DVD with even more extra junk, outtakes, bloopers, deleted scenes, commentary, cast and crew interviews, etc.
      Step 5:
      Release the same edition in Letterbox format.
      Step 6:
      Release an "Ultimate Collector's edition" DVD that is the same as in steps 4 & 5 but includes a gimmick like a stuffed animal, lithograph, t-shirt or whatever.
      Step 7:
      Release a letterbox version of Step 6.
      Step8:
      Continue on this path, ad nauseum. ...

      Step 9:
      Profit!

      And don't forget about the boxed sets for sequels!

      Hey, it worked for LOTR, didn't it?

    17. Re:Why don't they use it instead by Tim+C · · Score: 1

      $3 dollars per show is low enough to be reasonable

      I personally generally watch one or two shows a day, so call it $4.50/day on average, 30 days a month is $135 a month in this scheme.

      My satellite TV bill is roughly £40/month, or about $80. I'm already spending 50% more at best using your pricing scheme, and that ignores what the rest of my family watches.

      $3/show is ludicrously high compared to actual cost now, unless you meant per show as in "see The Simpsons for $3" regardless of which episodes and how many times. *Then* it might work out cost effective, but I doubt it - my daugther watches a lot of different cartoons and films, and the cost would quickly add up (and that's before we factor my partner into things...)

    18. Re:Why don't they use it instead by Exantrius · · Score: 1

      my two cents... good idea, but lets talk about price...

      I can listen to my mp3 player in my car. I can listen to my mp3 player near my computer, when I'm jogging, when I'm at work on break, when I'm trying to tune out other stuff going on. when I'm working around the house, when I'm sunbathing (heh, but some people do it), and basically any time I am not communicating with someone is fair game.

      I can watch a tv show.... when I'm at my computer. and when I'm at my computer... And yes, when I'm at my computer. We all know they wouldn't give us a multiple device license, so, errr, yeah, if this required a set top box, I would be able to watch it there instead of my computer.

      Meaning it provides me with... oh, probably 3 hours of entertainment before it gets extremely stale. (I have problems going to sleep without noise, so often I pop a dvd into my computer.)

      speaking of DVDs, I buy most of my DVDs (2 hour, relatively DRM free, permanent) for (mostly) the 10-15 dollar range... sure, I've got three or four I spent twenty or more dollars on, but the average is about $14.

      guessing that a tv show is approximately 20 minutes long (without commercials), it is approximately 1/6 the length of a generic movie.

      if they could give me a permanent, transferable medium, I would be happy to pony up, oh, maybe $2-$2.50... except a tv show (at least a popular one) doesn't tell a whole story... and then we get into the whole perceived value of a building block... Frankly even tv shows I love have some extremely bad episodes (MST3k Kitten with a Whip anyone?), and I would want my money back from something that bad...

      So then, we get into guaranteeing satisfaction, are we going to do anything if someone doesn't like what they've purchased? At least with a dvd, I can sell it used if it's really that bad, will I be able to sell it back once I get bored with it?

      itunes pricing is still a bit high, and most songs I wouldn't pay a quarter for, let alone a buck, but there are a few songs I love, and am willing to buy a cd, rip it myself, and carry it on my mp3 player. at least I can, if I choose to, spend 90% of my day listening to mp3s, rather than just the time when I have nothing better to do with a visual medium /ex

    19. Re:Why don't they use it instead by div_2n · · Score: 1

      The networks wouldn't allow a DRM free system as it could, and would, be used to distribute shows to people who didn't pay.

      If history has shown anything, it has shown that DRM will never stop those that want to circumvent paying. What DRM will do is impose restrictions on legitimate paying customers. That is bad business. Although it may take time, market forces will eventually correct and weed out those bad apples.

      DRM distribution of files would allow the networks to promote their shows. Sign up for the service, and get one free episode from each show on the upcoming fall lineup.

      I see no reason that DRM would be especially beneficial to marketing content. Why not just release free downloads with the first 5 or 10 minutes of a show? Much like some artists offer free/non-DRM downloads on their websites offering high quality snips or very low quality full versions of their songs to entice you to pay to get the real deal.

      While I understand what you are saying, I think the fundamental assumptions behind this line of thinking is just plain flawed. If you give people an easy and inexpensive way to get their fix without limitations, they will gladly pay for it.

      The key is cheap, easy and universal access. In my opinion, the first content provider that provides content matching these criteria will win.

    20. Re:Why don't they use it instead by cryptochrome · · Score: 1

      Although many users enjoy shows, 'my cable bill' divided by 'number of shows I watch' will drive end user logic about perceived value of a show. $3 dollars per show is low enough to be reasonable, and hopefully high enough to generate revenue. Offer package deals, if someone is a fan of the show, offer the season at a 25% of 33% discount of all episodes are bought up front.

      Uh, no, $3 per show is WAY too high. Via netflix I can watch a whole volume for about $1 or so, which would typically contain 3-5 half hour episodes or 2 hour long episodes. If it were first run, I would say $0.50 per half hour episode and $1 per hour long would make more sense. Better shows may charge more, and possibly ads could be used to lower the cost.

      There are three big differences from music files, which are going for $0.99 these days (also too much). Music files are very small and thus incur far less overhead to download. They typically have a smaller market than TV series, which appeal to broader tastes and have less competition. Their buyers will listen to them over and over, unlike TV shows which are generally watched seriously only once, then half-heartedly in reruns. Although the first fact makes them more expensive to distribute, the other two facts mean TV shows should be less expensive than music because they will be used less.

      Of course, such a-la-carte purchasing will induce people to watch less TV even if they are ultimately paying more than if they had bought a package - providing free episodes (season premiers mostly) to help draw in viewers for new shows is a necessity. Flat-rate plans and discounted season packages would also become popular.

      --

      ---If you can't trust a nerd, who can you trust?

    21. Re:Why don't they use it instead by FFFish · · Score: 1

      Indeed! I WANT to support the shows that I enjoy, so that more of them can be produced. It's in my best self-interest to throw a few bucks their way.

      --

      --
      Don't like it? Respond with words, not karma.
    22. Re:Why don't they use it instead by nEoN+nOoDlE · · Score: 1

      http://www.angryflower.com/timegr.html

      Well, you might be, but I'm not willing to pay for what the MPAA deems is "good enough quality" to offer as internet downloads. If and when they do come up with a iTunes program for movies, the movies are probably going to be tiny thumbnails compressed to shit (so they can get the highest market) and DRMed (so they feel better about doing it - and why wouldn't they? DVD is even protected and a lot harder to steal).

      An internet offering by the MPAA will not go over well. It will always (well, for some time) be easier to run to a Blockbuster or subscribe to Netflix than it would be to download a crappy quality movie from the internet (and not to mention the fact that not many regular people want to watch movies on their Dell).

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    23. Re:Why don't they use it instead by nEoN+nOoDlE · · Score: 1

      sorry, I accidentally pasted the wrong thing at the top of my post. I wanted to quote something from the original poster.

      good comic strip though :)

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    24. Re:Why don't they use it instead by ScrewMaster · · Score: 1

      Actually, I think it already is obvious to all that the paradigm is hopelessly broken. It was broken with the invention of the audio cassette. The problem is that we're dealing with true monopolists in the Rockefeller tradition, and these people only change after a long, hard fight. Mainly because, at the end of the day, they really aren't all that intelligent. But, like the dinosaurs before them, they do wield a lot of power and in their death throes will do a lot of collateral damage before they fall.

      --
      The higher the technology, the sharper that two-edged sword.
    25. Re:Why don't they use it instead by tero · · Score: 1
      Great news, thanks for posting. I've been following the BBC case for a while (I actually ranted about it in my blog a while back).

      I'm not completely dead-against DRM in these cases (I personally do think it's utterly unnecessary BS, but I see why corporations would choose to use it), I just hope they'll choose somewhat portable format as I'm a Linux user. I'd hate have to keep on downloading the torrents just because the broadcasting company decided to chose a Windows only media. If I'm not mistaken the BBC has lately been experimenting with .ogg so maybe not all is lost on that front.

      Big kudos to BBC on being the front line pioneer in broadcasting (again!).

    26. Re:Why don't they use it instead by wintermute1974 · · Score: 1
      While DRM is disliked by end users, a DRM free system will never be launched.

      I disagree completely, for two reasons.
      1. My computer is my machine, and it is my fundamental right to manipulate the data on it. If anyone wants to run protected code that is walled off from me, they should be paying me for the right to do so.
      2. If copyright holders make it more convenient to download from them than from pirates, free sites will win.
      Take MP3s for example. I like them. They do not have any Digital Restriction Management abilities. (Sure, Fraunhofer owns the patents on them, while Ogg is free. I don't need the lecture.)

      Let me elaborate on point #2. If Sony Music, for example, made their whole back catalog available as MP3s, would I sign up on a subscription or per song basis? You bet.

      Right now, the P2P software is faster and more convenient than what the record companies are offering. If Sony Music's site completely saturated my download connection while feeding me MP3s, I'd sign up.

      Record companies have to realize that it is not just the cost but the convenience of digital files that are responsible for their ever increasing popularity.
    27. Re:Why don't they use it instead by Vegeta99 · · Score: 1

      Yeah.

      I bought a VCR in 1996 from Zenith that didn't record commercials. That feature wasn't even advertized on the box or in any literature. I still keep that crap VCR just for that feature.

    28. Re:Why don't they use it instead by RaguMS · · Score: 1

      I live in a small nordic country (Sweden)

      Sweden is the largest nordic country.

    29. Re:Why don't they use it instead by zloof · · Score: 1
      I think your system is a good start to what I would envision for the future. While I don't know that $3 an episode is correct, it makes sense that you would have to charge on some kind of basis in order to substitute for historical earnings of commercials.

      Which makes me think, why do you have to pay for cable tv? If it is simply to pay for the physical cable comming to your house, then eventually the equity and value of that cable would reach zero, or near zero. Don't networks already make money off commercials?

      Maybe I'm just not seeing the whole picture, but a change of distribution doesn't seem to be the network's problem, just the cable companies... they're the ones I'm not paying to come into my house.

  11. Simple solution. by X0563511 · · Score: 2, Insightful

    Encrypt the file (breaking it would violate their own laws, should they pass), and give out the key in a special license, so that anyone/anycorporation/anyorganization that uses the key in any way forfeits all ability to punish anyone/anocorporation/anyorganization for it's contents.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    1. Re:Simple solution. by julesh · · Score: 4, Interesting

      Encrypt the file (breaking it would violate their own laws, should they pass)

      No it wouldn't. It's only illegal to break encryption if it forms an effective copyright protection measure (I forget the exact terminology, but that's close enough). In this case, it wouldn't actually be protecting anyone's copyright, so they would be legally entitled to break it.

      and give out the key in a special license, so that anyone/anycorporation/anyorganization that uses the key in any way forfeits all ability to punish anyone/anocorporation/anyorganization for it's contents.

      The legality of such a license is questionable, at best. First of all, can an encryption key (a purely functional item, usually automatically designed) be considered copyrightable? If not, then you do not need a license to use it. Secondly, can a license take away a person's rights to their own IP? I wouldn't have thought so.

      IANAL, etc.

    2. Re:Simple solution. by Anonymous Coward · · Score: 0

      You, sir, are both a thief and a murderer, for you have killed a baboon and stolen his face

    3. Re:Simple solution. by X0563511 · · Score: 1

      OK, So maybe you cannot license the key. Maybe you make a small script/application to decrypt it (never hand the key to someone) and make a license for THAT. Specifically state that users are not allowed to reverse engineer the app, ect. Do not open source this utility (for obvious reasons). That should cover that part. As far as the encryption idea: all you have to do is make something of your own, (draw some random squiggles in a JPeg and include that with the item in question. Voila! You are protecting your copywrited work, and they would not be able to legally break that.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    4. Re:Simple solution. by X0563511 · · Score: 1

      It was already dead! I swear! I have no idea where it's face is! Wait... why do i have a baboon's face in my pocket?

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    5. Re:Simple solution. by Curtman · · Score: 1

      It's only illegal to break encryption if it forms an effective copyright protection measure

      Contrary to popular belief, not everybody lives in the U.S. either. There are no laws against defeating encryption here, so whats to stop me from doing that, and re-sharing it with the rest of the world?

    6. Re:Simple solution. by X0563511 · · Score: 1

      The idea that everyone except those that would attempt to impose legal rammifications onto those sharing the file would be given access. You would only be hurting yourself, in such a case, as you should be protected under this guise.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    7. Re:Simple solution. by bathmann · · Score: 1
      at last a simple solution at least as effective as a disclaimer on a frontdoor: "I'm killing my wife. If you are a police officer, hear strange noises coming from my house and break into it, you agree not to arrest me on one count of attempted first degree murder."

      As long as you don't control to whom the key goes and just release it in the wild, there is no way your encryption-trick can legally bind anyone and restricts their rights to prosecute you.

    8. Re:Simple solution. by Vegeta99 · · Score: 1

      Why wouldn't it?

      I named the file. I, therefore, own the copyright to the name of the file. Without breaking my encryption or having a license from me, you don't know the name of the file.

      And the license wouldn't even have to make them give up their rights to sue.

      "In order to use this key, you or your organization may not be a member of RIAA, MPAA, etc, or their subsidiaries, contractors, government slaves, etc. Furthermore, you may not disseminate the contents of any file encrypted with this key to ANYONE."

      So, just keep on sharing the encrypted file, and if RIAA sues the crap out of you for sharing copyrighted material, countersue the crap out of them for violating their own law.

    9. Re:Simple solution. by Anonymous Coward · · Score: 0

      What's all this fuss about dead baboon feces?

    10. Re:Simple solution. by Anonymous Coward · · Score: 0

      It's illegal under the DMCA to traffic in (or use) a method to circumvent a measure that effectively controls access to a copyrighted work.

      Actually, one of the significant problems with the DMCA's wording is that you cannot break DRM or encryption even if you are the copyright holder. You still don't have the right to do that, and it's still a criminal offence.

      DRM encryption keys have been considered under copyright and trade secret licenses, too; the original Xing player key in DeCSS was actually the significant problem with it (though, note it was still won).

      IANAL, just a plebe of course. These issues are still being worked out...

    11. Re:Simple solution. by H3g3m0n · · Score: 1

      You can always make the key something like a short poem or haiku and copyright it :)

      --
      cat /dev/urandom > .sig
    12. Re:Simple solution. by Anonymous Coward · · Score: 0

      Sorry, pal. Your filename might be your own trademark if it designates some product of yours or whatever. You can't really hold copyright on a name, though, because then that name would turn into a 'forbidden' phrase.

      Anyways, to put a spin on it. I suppose you could append some picture or short movie clip you'd taken yourself to the material. You'd have copyright on that and be entitled to DRM.

      Problem is: How do you distribute the key?

    13. Re:Simple solution. by Anonymous Coward · · Score: 0

      Does the DMCA actually say that? I am neither a lawyer nor an American, but all of the quotes of DMCA I have seen have added the rider "..without the permission of the copyright holder". To me this indicates that you may circumvent the access control if, and only if, you have the permission of the copyright owner.

    14. Re:Simple solution. by julesh · · Score: 1

      OK, you could take this approach.

      Come the verdict of the case, you're held liable for infringing a MPAA member's copyright of a commercially viable product that they regularly sell copies of for not insubstantial money. Award made to them: let's say it's $10,000. Not unreasonable. I think they _can_ get more than that.

      Then it comes to your case. They infringed copyright on your tiny bit of extra work added to the file (as suggested by the previous poster, a name is not enough, but you could add some graphics at the start and end of the movie, for instance). This is something that isn't commercially viable, that you don't and couldn't make a profit from, and is clearly just there so that you can claim copyright. But, the law says they did violate your copyright, and there's nothing that can be done about that. You're awarded $100 as a reasonable figure for what a license for that work might have cost.

      How does that help you?

    15. Re:Simple solution. by julesh · · Score: 1

      Specifically state that users are not allowed to reverse engineer the app, ect

      No, sorry. In much of the world reverse engineering is a protected right. Won't work.

    16. Re:Simple solution. by pjt33 · · Score: 1
      Secondly, can a license take away a person's rights to their own IP?
      Under English contract law - and I imagine that US contract law is based on it - it is a requirement that both parties gain something for an agreement to be a contract. This is called "consideration". (The other components required are an offer, acceptance of the offer, and an intent to create a legal relationship).
    17. Re:Simple solution. by julesh · · Score: 1

      You can always make the key something like a short poem or haiku and copyright it :)

      I was reading a supreme court decision recently (it was linked from slashdot) regarding the Lexmark compatible toner cartridge case. There was wording in there that specifically suggested that no copyright exists on something that performs a function and is the only possible (or even reasonable) arrangement that will perform that function. This seems to exclude the haiku-as-key argument from being valid.

    18. Re:Simple solution. by jsebrech · · Score: 1

      It's only illegal to break encryption if it forms an effective copyright protection measure (I forget the exact terminology, but that's close enough). In this case, it wouldn't actually be protecting anyone's copyright, so they would be legally entitled to break it.

      So, the pirate would include a self-made image of a giant middlefinger inside the encrypted file. He would then own the copyright to at least part of the encrypted work, and thereby it would be illegal under both the DMCA and the EUCD to break the encryption on that file.

    19. Re:Simple solution. by Anonymous Coward · · Score: 0

      Just one more amusing thought: What if you had your official key, but never gave it out to anyone. But some group of hackers working overseas cracked your encryption and distributed it online.

    20. Re:Simple solution. by mepperpint · · Score: 1

      The legality of such a license is questionable, at best. First of all, can an encryption key (a purely functional item, usually automatically designed) be considered copyrightable?

      Yes. One could write a poem or a song or an essay, copyright it, and use it as an encryption key. Such works are works of art and subject to copyright.

    21. Re:Simple solution. by Luke-Jr · · Score: 1

      It has already been demonstrated that licenses can take away rights. Many EULAs do this every day. For example, the Windows license, the VMWare license, etc all remove the rights to redistribute and modify the software from anyone who agrees.

      --
      Luke-Jr
    22. Re:Simple solution. by Anonymous Coward · · Score: 0

      Considering how corrupt and despicable these laws are, why are you wasting time discussing legalities? The only real issue here is how do we protect ourslves. BitTorrent, freenet, encryption, use whatever it takes to keep the dogs at bay. It's up to us to muzzle them. I, for one, will not let the 51% majority tell me what informatin I can posess.

    23. Re:Simple solution. by Lehk228 · · Score: 1

      all remove the rights to redistribute and modify the software from anyone who agrees.

      Actually the underlying copyright laws remove your right to redistribute modified or unmodified copies, the EULA does not give it back to you.

      --
      Snowden and Manning are heroes.
    24. Re:Simple solution. by X0563511 · · Score: 1

      Why would they, if the closed-source utility with the MPAA-RIAA-muzzling license was distributed freely? Sure they can, but there is no real point to taking the encryption off.

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    25. Re:Simple solution. by X0563511 · · Score: 1

      But i see your point. I wonder how that would work. Perhaps the distributer had an under-the-table agreement that the cypher would be weak, the key short, and in any old standard dictionary? So long as there was no court evidence of any such agreement, i wonder how this would help (if at all)

      --
      For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    26. Re:Simple solution. by julesh · · Score: 1
    27. Re:Simple solution. by julesh · · Score: 1

      There is no protection. Encryption cannot hide what you are sharing, otherwise the downloader wouldn't be able to actually use what he'd downloaded. Freenet only works because of the legal loophole that if you aren't aware of what the content you're sharing is, you can't be held responsible for it (this is present in most of the world, but not guaranteed to be true everywhere). What you're looking for is, unfortunately, impossible.

    28. Re:Simple solution. by iminplaya · · Score: 1

      So far, only perpetual motion machines and immortality have shown to be impossible. And even then, we might prove otherwise someday. Private communication will be much easier. It will always be a cat and mouse game. It works just like evolution, only faster. We just have to stay one step ahead of the bad guys. The law isn't important(I wouldn't be saying that if all laws applied to everybody, equally). We simply must make it impossible to enforce. Electronic weapons are easy to neutralize. Remotely jamming a gun is a bit more difficult( I hope not impossible). So we have our work cut out for us. Until we act like humans instead of animals, this is the way things will be. Se la vie(?). As long as I live, I must keep the faith that we can rise above it all. Once we can protect ourselves from each other, we will be able to keep the rights we were born with. Until then, "Might makes right". Everything else is just a distraction. While what I am looking for is possible, I'll admit that it isn't likely, given the present circumstances. It's up to us to change that.

      --
      What?
    29. Re:Simple solution. by julesh · · Score: 1

      So far, only perpetual motion machines and immortality have shown to be impossible. And even then, we might prove otherwise someday.

      Actually, no, there are plenty of other things that have been shown to be impossible. For instance, I have seen and understood the proofs that neither of the following can exist:

      - a computer program which can take an arbitrary computer program and input and tell whether it will ever terminate

      - a formal mathematical system that can prove every true statement to be true without also proving some false statements to be true

      I'm pretty sure (although I haven't seen a proof) that it can also be proved that no such thing as a secure P2P network can be developed (at least not without architectural changes to the way the Intenet works, and that isn't likely at this point in time), because of the fundamental fact which keeps getting in the way that you need to be able to connect to a source and download data from it and then transform that data (somehow) into the data you wanted to download. And if you can do it, so can the *AA. And if they can do it, they can tell who they downloaded it from and prosecute them, because you cannot transfer data on the Internet without both a source and destination address, and if they can find your source address they can find you.

      Legal loopholes are the only way to avoid prosecution, if you want to play this game. That, or just don't get noticed, which is going to get tougher all the time.

    30. Re:Simple solution. by iminplaya · · Score: 1

      Let's do our best to confuse(confound?) the enemy. Keep 'em distracted. Let's use the same FUD they use on us. It will be endless war until people grow up, but if war is what they want, that's precisely what they'll get. I'm not talking about a fighting war(yet). It will be an information(propaganda, misinformation) war. If our efforts are chaotic enough with no set patterns and proper discretion, they have no hope of winning without using their WMD's. I must maintain my hope. Otherwise life isn't worth living. If it's so hopeless, we may as well give it up now, disconnect our machines, and be reduced to playing solitare. I, for one, don't plan on letting anyone tell me what I can have on my disk, or who I can share with.

      --
      What?
  12. PeerGuardian by Anonymous Coward · · Score: 1, Interesting

    Can someone explain in laymans terms exactly what this program does? What do the blacklists consist of and who compiles them? Why do I need this?

    1. Re:PeerGuardian by TheRealJFM · · Score: 5, Informative

      happily:

      PeerGuardian is based around the idea of an open list of blocklists collected from known fake files/scaners etc.

      The **AAs are not very sophisticated in their searching - man scans come from a very small number of ranges.

      The ranges are found by:

      1) Whois searching, If we know the name of the company we can easily find them by scanning whois databases. They *have* to give their company name (eg BayTSP) so they are easy to find.

      2) Log comparison. PG collects a log of every ip you connect to against the time. If someone gets a letter we get them to cross-reference the time the infringement is said to be on the letter (this must legally be included) with the ips in their log. 9/10 it is an obvious IP doing the scanning that can be found.

      see our forum on this topic here:
      http://methlabs.org/forums/forumdisplay.php ?f=41

      PeerGuardian is simply a low level firewall that blocks these ips. PeerGuardian 2 will be open source, and will update automatically.

      We're also trying to make the database more open, by adding a system where all the ranges can be viewed on a webpage, and users can comment, report bad ranges, and vote on how useful a range is.

      See the reviews of PG2 *closed beta* here:

      http://www.afterdawn.com/guides/archive/peerguar di an_2_review.cfm
      http://www.p2private.org/review/

      I expect PG2 to be out before the new year, but it will be out when its ready, not beforehand.

      Thanks :)

      Joseph Farthing
      Administrator & News Editor
      Methlabs.org

      --
      Joseph Farthing
      http://josephfarthing.com
    2. Re:Peerguardian by TheRealJFM · · Score: 5, Informative

      This is very simple:

      collecting the IP addresses of people connected to a tracker does not ammount to proof of infringement. You have to actually recieve some data from them to prove they are illegally transmitting copyrighted material. :)

      Joseph Farthing
      Administrator & News Editor
      Methlabs.org

      --
      Joseph Farthing
      http://josephfarthing.com
    3. Re:PeerGuardian by Anonymous Coward · · Score: 0

      PeerGuardian is bullshit. It's simply a blacklist of ip numbers/ranges. The fun part is that anyone can report any ip they think is "suspicious". End result: A list with the IP of nintendo.com, microsoft.com and many, many IP numbers of someone that some random person wanted to get shitty speeds on p2p.

    4. Re:PeerGuardian by TheRealJFM · · Score: 2, Informative

      we do *check* ranges before they go in
      if someone comes onto our forum and posts a range we don't just add it without any thought.

      other lists may do this but we *don't*

      --
      Joseph Farthing
      http://josephfarthing.com
    5. Re:Peerguardian by shird · · Score: 2, Insightful

      bah.. its proof enough. Its not as if the MPAA are downloading the entire file off of each client/IP to check they are sharing that particular file. They are just getting the hashes etc,. The trackers keep track of what the client has up'd and down'd, this will only be recorded if the correct bytes are uploaded to other clients and reported as such.

      --
      I.O.U One Sig.
    6. Re:Peerguardian by mstefanus · · Score: 1

      They have to catch you in the act. They could not just rely on the tracker information. Trackers act like an informant, but if to catch the seeders, they have to connect to the them and request for the file (proof). If they can't connect... they don't have proof, do they?

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

      Because unless they actually download some data from you how can they prove you are really sharing the file! ;-)

    8. Re:Peerguardian by TheRealJFM · · Score: 4, Informative

      to hold up a case in court they have to actually *prove* the person is sharing the file.

      getting a list of ips just won't be good enough without some sort of evidence

      then again we have seen some stupid occasions where stupid takedown notices have been given:

      http://yro.slashdot.org/article.pl?sid=04/09/20/ 23 51242&tid=188&tid=123&tid=17&tid=1 06

      --
      Joseph Farthing
      http://josephfarthing.com
    9. Re:PeerGuardian by Anonymous Coward · · Score: 0

      PeerGuardian is particularly useless when it comes to bittorrent because the MPAA/RIAA/Whatever can get all of the information they need from the tracker itself. They don't have to connect to the user's computer at all.

    10. Re:PeerGuardian by Florian+Weimer · · Score: 1

      2) Log comparison. PG collects a log of every ip you connect to against the time. If someone gets a letter we get them to cross-reference the time the infringement is said to be on the letter (this must legally be included) with the ips in their log. 9/10 it is an obvious IP doing the scanning that can be found.

      Ahem, and what prevents these logs from being subpoenaed?

    11. Re:Peerguardian by Anonymous Coward · · Score: 1, Informative

      Correct me if I'm wrong, but doesn't Peerguardian just stop incoming and outgoing connections to it's list of banned IPs? If so, how does this stop a member of the **AA from connecting to a tracker and simply receiving the list of all the IPs connected to that torrent... How does it make a difference?


      The tracker can also run peerguardian. Many people I know who run trackers also run PG.

    12. Re:PeerGuardian by swilver · · Score: 2

      Unless of course the tracker is running PeerGuardian...

    13. Re:PeerGuardian by TheRealJFM · · Score: 1

      lots of trackers *do* use our lists :) we have a linux iptables importer for linux servers too :)

      --
      Joseph Farthing
      http://josephfarthing.com
    14. Re:PeerGuardian by TheRealJFM · · Score: 2, Informative

      the fact that most of us don't live in the US?

      I don't know... no one has ever tried to collect logs from us - we don't keep them

      its our users who have the logs.

      --
      Joseph Farthing
      http://josephfarthing.com
    15. Re:Peerguardian by Anonymous Coward · · Score: 0

      it's list

      "its".

    16. Re:PeerGuardian by 91degrees · · Score: 1

      It makes their case a little weak though.

      They can't verify that the user with that IP actually uploaded or downloaded any copyrighted material.

    17. Re:Peerguardian by xtracto · · Score: 1

      Please correct your /. link

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    18. Re:PeerGuardian by Anonymous Coward · · Score: 0
      Neat stuff.
      But what happened to the old forums at peerguardian.net?
      I haven't had the time to hang around. Is Seraphielx(sp?) and DingDong(spelling?) still active with the work on the IP-database?

    19. Re:PeerGuardian by kryptkpr · · Score: 1

      I don't see how this is useful in a BitTorrent context.

      The *AA can scrape the tracker to get all the info about you they need. There is no technical reason they need to connect to you, so unless there's a legal one, I don't see how PG would be useful here.

      --
      DJ kRYPT's Free MP3s!
    20. Re:Peerguardian by TheRealJFM · · Score: 1
      just remove the spaces, it does work

      try this link

      --
      Joseph Farthing
      http://josephfarthing.com
    21. Re:PeerGuardian by Anonymous Coward · · Score: 1, Informative

      what if the tracker is running PeerGuardian?

    22. Re:PeerGuardian by spiffturk · · Score: 1

      Any chance of getting something like this for Linux? I realize there are iptables and /etc/hosts.deny (though I'm not sure that BT uses it), but when I tried using iptables for one of PG's blocklist, it just couldn't keep up. Transfer rates turned to shit real quick. I also realize there are fundamental differences between the Linux and Windows kernels, but would something like PG be possible for Linux? Does anyone know of a similar alternative (using PG's blocklist would be nice, too)?

      --
      Will

    23. Re:Peerguardian by tabdelgawad · · Score: 1

      I'm sure I'm being dense, but how does peerguardian prevent the **IA from "actually receiv[ing] data from them to prove they are illegally transmitting copyrighted material"? Isn't it a given that 'enforcement' companies would access all this info from run-of-the-mill commercial connections that would be impossible to block by IP-range?

      --
      Imposing Libertarian views on everyone online since 1992.
    24. Re:Peerguardian by Jugalator · · Score: 2, Interesting

      to hold up a case in court they have to actually *prove* the person is sharing the file.

      But aren't RIAA getting a lot of their money from lawsuit by out-of-court settlements? I mean, few people have the lot of money they wish to spend on getting a lawyer and fighting in court.

      --
      Beware: In C++, your friends can see your privates!
    25. Re:PeerGuardian by Anonymous Coward · · Score: 0

      Slashdot is on your list..........

    26. Re:PeerGuardian by henni16 · · Score: 1

      i just tried to install PG on my Linux router. So far (~1 hour), it only maxes my CPU usage (iptaples-restore)
      Anyway, I did look into you blocklist file in the meantime and was wondering about some (most?) of the entries - they seemed somewhat stupid to me.
      For example: loads of schools and universities are on that list (I would expect lot of P2P users there), also embassies and some other funny looking entries .
      It looks to me as if the list contains a random collection of all institutions that might have relations to a government.
      Maybe I'm too naive or my tinfoil had fell off, but I don't see the **AA sniffing from the British embassy or from every random college in Germany; OTOH maybe it's not that big of a loss because I think that lots of universiies etc. are disabling P2P on their networks (due to legal fears or simply bandwith issues).
      But really: my first thought (seeing only "edu", "university", "schule", "hochsschule",..) was that this list was some sort of "white list"..

    27. Re:PeerGuardian by kryptkpr · · Score: 1

      It's not. Trackers, and especially popular ones, are (almost) never run on windows machines due to reliability and speed issues, and I was under the impression PG was a windows only thing..

      --
      DJ kRYPT's Free MP3s!
    28. Re:Peerguardian by Anonymous Coward · · Score: 0

      You are must be new here. Slashdot breaks all links over a certain length by inserting a space. I don't know what they don't automatically link any http:// but you can bitch to taco about that.

    29. Re:PeerGuardian by Elfan · · Score: 1

      But iptables runs just fine.

    30. Re:PeerGuardian by Elfan · · Score: 1

      I really doubt someone is gonna come up with an app that can filter IPs more efficiently than iptables. Try running one of the pared down lists (without all .edu blocked for instance).

    31. Re:PeerGuardian by TheRealJFM · · Score: 1

      the problem on linux is that iptables can't cope with that many ranges

      the only solution would be a kernel module, but i don't have the time or skills to write that :(

      anyone! please! if you can write a kernel module to block ips for any protocol with low cpu and thousands of ips please do to help the open source community!

      --
      Joseph Farthing
      http://josephfarthing.com
    32. Re:PeerGuardian by TheRealJFM · · Score: 1

      there is already a linux version that imports into iptables
      but iptables can't cope with this many rules

      if you use azerus (however its spelt :P) then get the safepeer plugin - that does the same thing far better than iptables

      --
      Joseph Farthing
      http://josephfarthing.com
    33. Re:PeerGuardian by Lehk228 · · Score: 1

      well they could probably get away with sending DMCA letters to people just for being on the tracker list, but for any legal action (and even possibly to defend against a defamation suit) they would need to get at least enough of the file from you to convince a judge that you were indeed sharing the file.

      --
      Snowden and Manning are heroes.
    34. Re:PeerGuardian by djaxl · · Score: 1

      FWIW, I find that ProtoWall combined with Blocklist Manager is a good combination. ProtoWall installed with 5931 IP entries to filter, and after running BlocklistManager there are 43473 IP entries being blocked.

      (Unfortunately ProtoWall only runs on WinXP/2k/2k3, and the install process can be buggy, but once up and running it's great.)

      (Also, I don't know how true this is, but one post here claims the current version of PeerGuardian is out-of-date.)

    35. Re:PeerGuardian by plushdigit · · Score: 1

      You could try using those lists with shorewall http://www.shorewall.net/ but it may slow down the poor 'puter as well.

    36. Re:PeerGuardian by TheRealJFM · · Score: 1

      I replied to this question a while back:
      have a look:)
      Here

      --
      Joseph Farthing
      http://josephfarthing.com
    37. Re:PeerGuardian by spiffturk · · Score: 1

      I'm at a .edu :)

      --
      Will

  13. Rethink. by PrivateDonut · · Score: 1

    Maybe the licensing schemes need to be re-thought if people have resorted to stealing. Lowering the price could do the trick.

  14. Re:I don't think BitTorrent will be much of a prob by mowler2 · · Score: 5, Informative

    In some countries, like sweden, bittorrent trackers are legal. Since they do not spread copyrighted material but just link to where one can find copyrighted material.

    Also there is a court ruling from the BBS-time that says that the BBS administrators is NOT responsible for what the users do on the BBS (such as trading warez). It is argued that the same reasoning can be done for a torrent tracker. However if there are copyrighted material transferred without the copyrightholders approval, people that USE the tracker is still doing something illegal.

    The industry has tried to remove torrents from piratebay.org, which is the biggest torrent tracker in sweden, with limited success. (they have even gotten calls from Microsoft when Halo 2 was up for downloading) :)

  15. Bitache by kristopher · · Score: 1

    I like bittorrent and all but I don't see this being a real headache for MPAA as there isn't any kind of centralized database where one can search all published torrents. True there are sites like suprnova and such, but that isn't a reflection of all torrents.

    Also what's the point of sharing twenty slightly, if that, different files instead of just one common file. Plus there needs to be more privacy, while also making leaches more accountable by having internal tracking of up/down ratio for all shared files. So that one who shares more will get priority when they download anything. Instead of merely tracking the bandwidth of one file, track the up/down bandwidth for all files of that user.

  16. You, sir, are both a thief and a murderer by Anonymous Coward · · Score: 0

    For you have killed a baboon and stolen his face

  17. Peerguardian by Idimmu+Xul · · Score: 3, Interesting

    Correct me if I'm wrong, but doesn't Peerguardian just stop incoming and outgoing connections to it's list of banned IPs? If so, how does this stop a member of the **AA from connecting to a tracker and simply receiving the list of all the IPs connected to that torrent... How does it make a difference?

    --
    The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
  18. Re:I don't think BitTorrent will be much of a prob by Ganennon · · Score: 1

    They don't seem to be very successful with the site that calls itself "the world's biggest BitTorrent tracker". Link to the legal threats they've recieved, and their rather rude answers. They (RIAA/MPAA) probably need to lobby for some laws forbidding it first, and not only in the USA.

  19. "stealing" by Anonymous Coward · · Score: 0

    Please don't call it "stealing". Copying is different, in both common sense and in a legal sense. This has been gone over many times, despite massive media campaigns.

    Pet peeve..

  20. Re:Newgroups? by julesh · · Score: 3, Informative

    Or is there some technical reason that they can't do anything about them?

    I believe Harlan Ellison successfully sued somebody who was posting copies of his stories to alt.binaries.e-books (or similar). He also tried to sue AOL, who settled out of court for an undisclosed sum.

    See details here: http://www.authorslawyer.com/c-ellison.shtml

  21. OH NOES!!! MALCOLM IS HEAR!1 by Anonymous Coward · · Score: 0
    From TFA:
    Malcolm of the MPAA says his organization is not focusing any more or less on BitTorrent than other file-sharing system. He declined to say whether the trade group intends to sue Cohen and wouldn't name any BitTorrent users who may have been included in the entertainment industry's latest wave of lawsuits.

    "Anyone who uses BitTorrent and is under the illusion that they are anonymous are sorely mistaken," Malcolm said. "There is no reason why those lawsuits wouldn't include BitTorrent" users.
    I'm quaking in my pants!!!! Please don't hurt me Mr. Malcolm!
  22. Re:Newgroups? by nogginthenog · · Score: 2, Informative

    Perhaps because ISPs are unwilling to provide data on who downloaded what from Usenet? I know if my newsfeed did I'd switch.

  23. Is this legal? by Anonymous Coward · · Score: 1, Insightful

    I use bittorrent to download episodes of tv shows that I didn't get a chance to watch. How is this different from just sticking a tape in the vcr (if I even had a vcr anymore)?

    You might say that by downloading I don't watch the commercials, but there aren't any commercials on shows like Dead Like Me, and I already PAY for the premium channel it's on.

    1. Re:Is this legal? by SurgeryByNumbers · · Score: 1

      Copyright infringement does not depend on what you are using it for, just the nitty-gritty details about you copying something when you don't have a license to do so.

      I would certainly call your situation "fair use," but then again I'm not an intimidating, high-priced lawyer team.

      Even then, most cases are brought up because of automation, and any bot looking around for questionable materials will not care if you've payed for the premium channel, even if it knew. It also doesn't help that the cost of defending yourself is prohibitive.

      Even false-positives result in someone being screwed.

    2. Re:Is this legal? by King_TJ · · Score: 1

      Seems to me you'd be legally ok, but because of the methods used to obtain your programming - could theoretically have to endure going to court and prove your innocence. (Presenting proof you really do have a current premium channel subscription on cable or satellite for the channel showing the program you downloaded should do the trick.)

      So often, that's the problem with these things... Despite being legally "in the right", people may feel compelled to stop a particular behavior or method of doing things simply because the fight likely required to retain their right to do so doesn't seem to be worth the time and effort.

  24. Re:I don't think BitTorrent will be much of a prob by Curtman · · Score: 1

    A few C&D letters will cool off most people who have neither the money or inclination to fight a protracted court battle.

    But how well does that really work? That has been the strategy so far with ed2k/overnet, and they're no closer to shutting that down than before they started. You kill one site, and a bunch of new ones show up in its place.

  25. Confusion on the tracing. by Fussen · · Score: 4, Informative

    I was explained to that torrents are not easily traced because all the data is sent in small packet chunks.. I think it might be in 256k chunks.
    And that since all these data packets are being sent randomly from various sources, it would be much more difficult to actually point a finger at a source or destination.

    It was described that sure you might be able to intercept the transmition of data, but you are not witnessing the transfer of a in-tact file.

    So you could see that maybe it's some sort of mpeg stream or maybe part of a larger compressed archive, but it's just a piece of it. And once the next version of the torrent system comes along with the ability to transfer without use of trackers or servers, it becomes here-say on any legal action.

    So does this packet chunk bit torrent stuff actually hold true? And if not, Why?

    :)

    1. Re:Confusion on the tracing. by Anonymous Coward · · Score: 0

      a in-tact file

      "an intact file".

    2. Re:Confusion on the tracing. by FreeLinux · · Score: 1

      The size of the packet doesn't make any difference at all. If a system sends a single packet, the IP addresses can be logged. Also, regardless of how small the transaction between two hosts, it is necessary for the requester to tell the sender which part of which file it is requesting. Finally, lets not forget that the tracker has a list of all the IPs.

      If an interested party wants to know who is trafficking in a particular file, they simply have to look at the tracker. If that interested party then offers the file from their own system it is possible/likely that your system will connect to it for some part of the transfer. If you get a single bit of the file from their system, they have just logged a transfer of that file from their system to yours. The reverse is also true in that, if you are offering the file, they could connect to you and transfer from you to them. This last scenario is what PeerGuardian seems to try to prevent but, it certainly can't guarantee 100% effectiveness.

    3. Re:Confusion on the tracing. by Anonymous Coward · · Score: 0

      Someone is being an asshat around here lately. First the baboon posts, now this.

  26. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 0
  27. appropriate nomenclature by majest!k · · Score: 1

    Allow me to clarify something:

    Bit Torrent is a PROTOCOL, not a program or website. The RIAA/MPAA are NOT locking their crosshairs on Bit Torrent itself, but rather the sources that supply copyright infringing 'seeds' which work over the Bit Torrent protocol. This includes (but is not limited to) websites like SuprNova, IRC channels and newsgroups.

    Saying "Bit Torrent gives Hollywood a Headache" is like saying "FTP gives Hollywood a Headache."

    Doesn't make much sense now does it? :)

    --
    smattawichu
    1. Re:appropriate nomenclature by Taladar · · Score: 1

      It makes sense.
      If there were no Bittorrent Protocol the *AA would have no headaches.

    2. Re:appropriate nomenclature by moonbender · · Score: 1

      Actually, both make perfect sense. Of course, FTP doesn't give them headaches, because it's not used by the broad public, and because the legal usage probably is on about the same level as the illegal usage.
      BitTorrent is in fact a protocol, in exactly the same way as ED2k is - both also have programs of the same name realizing the protocol, although I'd assume among file sharers of both protocols the original programs have decreased in popularity.

      However, whether it's a protocol or not really isn't relevant in the given sentence. Saying that Suprnova gives them a headache would be more specific, but it's not only Suprnova worrying them, but rather all the sites and people using BT. BitTorrent is basically used to refer to all of the problems associated with it. This might strike you as unfair to all the legal usage, and imprecise as well, but it's really a fairly normal thing to do in language.

      --
      Switch back to Slashdot's D1 system.
    3. Re:appropriate nomenclature by ScrewMaster · · Score: 1

      Yes, but lawyers are supposed to be precise with language. The **AA's attorneys are very precise in how they misuse the language to achieve their own ends. Any time they refer to "piracy" (rampant or otherwise) or, in fact, any time they use common but oft-misunderstood terminology watch out: they're probably trying to redefine it to their benefit.

      --
      The higher the technology, the sharper that two-edged sword.
  28. Re:Newgroups? by akarnid · · Score: 1

    I find the slant of the article quite disturbing. Mentioning that suprnova hosts torrents for atom bomb e-books and beheading videos really gives BT a bad name. But that's mainstream media for ya.

  29. Legit uses by knightrdr · · Score: 3, Insightful

    How many government snafu's will be revealed by file sharing? Look at some of the things published on P2P networks already, concerning prisoner abuse by the U.S. military. Some of the information was originally made public by more traditional means, but many hot stories have broke because of pics or videos from Iraq on P2P networks. Of course there is the flip side of beheading videos being published by terrorists or a meere "gore loving freak". I wonder how long until we hear about "those terrorist P2Pers". Don't think it can't happen...

  30. When will they get it? by Anonymous Coward · · Score: 0

    When will they stop putting money on antipiracy and just accept the fact that there's nothing they can do to stop people from spreading any digital material? There will always be ways to share stuff no matter what anyone does.

  31. Battlestar Galactica by Anonymous Coward · · Score: 0

    I hope it was worth it.

  32. Downloading movies is legal in Finland by Anonymous Coward · · Score: 0

    Downloading copyrighted material is legal in Finland. There's nothing MPAA or RIAA can do about it.

    1. Re:Downloading movies is legal in Finland by risutora · · Score: 1

      But uploading them is illegal here as well, so if you use BT you can be held accountable.

  33. Re:I don't think BitTorrent will be much of a prob by value_added · · Score: 1, Interesting

    "I imagine the copyright holders will go after the people who index bittorrent seeds, rather than the people involved in the filesharing, for facilitating the crime."

    Facilitating crimes? It's become a cliche, but it's worth reminding ourselves that introducing a new vocabulary to change the meaning of common and well-understood ideas is a tactic as effective as it is disingenuous, yet a tactic that demands not only tacit acceptance on everyone's part, but also a measure of credulity as that typically found on the AM airwaves for its success. Put another way, you need to (and often can) fool all the people all the time.

    How else to gain advantage than re-frame the discussion? Instead of concerning ourselves with (or being amused by) the mundane activities of ordinary folks who, when children, were taught to share, we can all become law enforcement officials. Just like on TV. But why just mouth the words when we can complete the picture with the requisite uniform, badge and perhaps a sidearm.

    Aiding and abetting? Providing material support? Or maybe offering expert advice and asistance? How about conspiring to commit? It was George Bush who said "There ought to be limits to freedom." but my guess is that both he and his former attorney general John Ashcroft would be just as proud.

  34. Re: Your sig by Anonymous Coward · · Score: 0

    The problem with slashdot is that most of it's users were bullied and stuffed into lockers as kids!

    "its".

  35. "FTP gives Hollywood a Headache." by anti-NAT · · Score: 1

    Shhh, don't give them ideas.

    --
    The Internet's nature is peer to peer - 20050301_cs_profs.pdf
  36. I think BitTorrent users are harder to sue by swilver · · Score: 5, Insightful
    "Anyone who uses BitTorrent and is under the illusion that they are anonymous are sorely mistaken," Malcolm said. "There is no reason why those lawsuits wouldn't include BitTorrent" users.
    Actually, there is a reason why the lawsuits wouldn't include BitTorrent users. It is much harder to sue BitTorrent users for multiple infringements at once, which (I think) is what makes the current lawsuit approach cost effective.

    When you find a BitTorrent user participating in a big swarm, you can only sue them for that single infringement, not for sharing hundreds of movies or music files via programs like Kazaa. In order to make it cost effective they would have to keep track of your online BitTorrent activity for quite a while to collect multiple infringements.

    1. Re:I think BitTorrent users are harder to sue by snark42 · · Score: 4, Interesting

      they would have to keep track of your online BitTorrent activity for quite a while to collect multiple infringements.

      They also need to:

      • Make sure your dynamic IP doesn't change.
      • Monitor a LARGE number of torrents without being blacklisted for being with the RIAA/MPAA/etc.
      • Not engage in sharing the said copyrighted material themselves which would make the download a legal one.

      I think many of these are the same reasons IRC and Usenet can go along without being bothered too much, plus the critial mass of people aren't there, but that's how a lot of the files get out to FastTrack or BitTorrent I'm sure.

    2. Re:I think BitTorrent users are harder to sue by sicking · · Score: 1

      That's not always true. When it comes to movies there's often just a single movie per torrent.

      However music is often distributed by album and tv shows by season. I've even seen torrents containing 'all queen albums' or '15 first madonna records'. There was even a 30GB torrent with the 15 first simpsons seasons floating around. That should add up to a nice lawsuit.

      What I'm curious about is if they can sue you for sharing half a movie. I mean, the random parts that you're usually sharing are useless on their own. Most people don't seed very long. Most likly not long enough for MPAA to download the entire thing from a single person.

      And unless they are willing to get a really slow download speed (enhancing the above problem) they have to share the file while downloading. Seems like that would open a can of worms too.

      --
      Failing to learn from history dooms you to repeat it.
    3. Re:I think BitTorrent users are harder to sue by Anonymous Coward · · Score: 1, Informative

      There was even a 30GB torrent with the 15 first simpsons seasons floating around.

      *ahem* That torrent was 35.7GB, and it took a loooong fucking time to download. If the MPAA didn't want me to download it they should have released the first 15 seasons on DVD by now. But no! They've only released the first 4 seasons, with the 5 coming on December 21st. Those were aired in 1992 and 1993! What if I want to watch the more recent episodes, or even something 10 years old? I can't do it legally without waiting for the rerun to make it to TV, and with something like 400 episodes out there who knows when I could see the one I wanted.

      With Bittorrent, I am able to see any episode I care to when I want.

    4. Re:I think BitTorrent users are harder to sue by and+by · · Score: 1

      You may be on to something here, but if they have a good enough case against you, there's no reason they wouldn't sue. Section 505 of the Copyright act allows a successful plaintiff to recover attorney costs and fees from the defendant if the copyright violation was "willful". Since attorney costs are the big balancing factor in the equation, if they can be taken care of, there's no reason not to sue.

    5. Re:I think BitTorrent users are harder to sue by kenthorvath · · Score: 2, Interesting
      What I'm curious about is if they can sue you for sharing half a movie.

      Just consider that it is within fair use to distribute brief quotes and excerpts. Not that I would expect that half of the movie would count as such, but if there were a system whereby 100 users were each responsible for 1 minute of a movie and some index told them where to get each minute then I'm not sure that there is anything illegal being done by the uploaders, nor is it clear that the downloader is doing anything illegal. If bit-torrent can faciliate this sort of defense then I'm sure that bigbiz will have a much harder time attacking it.

    6. Re:I think BitTorrent users are harder to sue by shadow_slicer · · Score: 1

      Correct me if I'm wrong, but doesn't bittorrent support multiple torrents per tracker? Couldn't the **AA just scrape the entire tracker for ip addresses and sue those involved in more than x downloads at a time?

    7. Re:I think BitTorrent users are harder to sue by crayz · · Score: 1

      I dreamed up something like this a while back...think I commented over at k5. The legal issues would definitely need more hammering out, but I think it could definitely work.

      As far as technical issues, it would probably be difficult to get hundreds of users to send you data for any specific file. Most of the time I download from BitTorrent I only have 10-20 different people sending me data throughout.

    8. Re:I think BitTorrent users are harder to sue by Stormie · · Score: 1

      Not engage in sharing the said copyrighted material themselves which would make the download a legal one.

      Yep, just like it's legal to buy drugs off an undercover cop - after all, if a law enforcement agent is doing the selling, that means that the purchase is considered acceptable.

  37. Re:Newgroups? by __aatgod8309 · · Score: 1

    I thought mainstream media was busy giving media a bad name?

  38. Forget going after bittorrent by cyberise · · Score: 1

    MPAA and the RIAA are never going to win this battle by trying to get all the trackers shut down and suing people left and right. The only true way to possibly put a dent is to stop it at it's source. Get heavier on the security of their films and movies in regards to review copies sent out and security within their own organizations.

  39. File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 2, Insightful

    Logically, file sharing will eventually destroy the CD and DVD market. Why try to sell something people are just going to steal? So, ironically, no one will have anything to share anymore.

    Personally, I don't believe anyone has a right to "share" the data on a CD or DVD unless that right was passed to you by the person who created the data. (I put quotes around share because use of that word is a deliberate attempt to whitewash what's really going on.)

    If I don't own all rights to something I make (which , of course, I do, since it is impossible for anyone else to own those rights unless I transfer them), then I can't benefit from its production and reproduction. If I can't benefit by selling some of those rights, I'm likely to quit making things. So will almost everyone else, contrary to the naive opinions often expressed here that legitimate artists just want to give it all away and don't care about making a living.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:File Sharing Will Kill CD/DVD Maeket by Anonymous Coward · · Score: 0

      I think you make a very good point (and this is a point I've been trying to explain to the pirates here on Slashdot for years, without success). There is a certain kind of zealot on Slashdot who thinks that "information wants to be free" and that an average song is only worth as much as the CD it's pressed on.

      Nonsense.

      But try to get the average Slashdot poster to see that...

      At this point, people bring up the Free Software model. Now, quite frankly, free software generally real money to be anything meaningful. Money from corporations who want a cheaper solution, money from companies who sell Linux products, money from companies who sell Linux support, but real money none the less.

    2. Re:File Sharing Will Kill CD/DVD Maeket by Anonymous Coward · · Score: 1, Insightful

      Logically, file sharing will eventually destroy the CD and DVD market.

      Absolutely. Younger slashdotters won't remember this, but back until the mid-70s, there was an entire industry devoted to recording and selling music by popular musical acts. Then the cassette tape came along and nobody ever bought any music ever again, so that industry disappeared. Now the only way to hear music is to make your own, because nobody records any more.

      There was another industry called Hollywood. They made movies. But then the VCR came along, and nobody ever went into a movie theater again.

      There is no doubt in my mind that file-sharing will destroy the music and movie industries the same way the cassette and VCR destroyed the music and movie industries.

      Why try to sell something people are just going to steal?

      Just going to steal? So nobody is buying music or movies any more? Hint: They're not producing it because people will steal it, they're producing it because people buy it. Don't take my word for it, go to Best Buy and you'll see it happening.

      Sure some people are copying content. But your premise is wildly false. You are equating some illegal copying with zero legit sales. That's not happening, and that's why your argument is so drastically wrong.

    3. Re:File Sharing Will Kill CD/DVD Maeket by incal · · Score: 2, Insightful

      If so, why CDs/DVDs sell so well, especialy before Christmas? :) Would you give your mother as a gift ripped album of her favourite artist, burned on cheap CD-R?

      Look, if nice stuff, in nice boxes would be sold on reasonable prices - reasonable to payments in our countries, there would be no problem with so called "piracy". In Poland, I earn maybe 300-400 USD monthly. New game cost here from 30 to 50 USD. New audio CD - 15.

      Isn't this ridiculous? Hardware guys are happy with coming 3-5% over their costs. Why RIAA/MPAA/whatever shall get more? Why do they have to ride in silly, costly limos?

      We gave our culture to corpocracy, and now they're responsible for bringing it to masses. If they failed us in this job, we can replace them. With p2p networking, for example.

    4. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 2, Informative

      Cute, but no sale.

      Cassette tape didn't destroy the recorded music or movie business because it was a recording medium, not a distribution network. One person copying an album onto a tape poses no threat. One person copying a CD onto his server and offering it up to anyone with Internet access is a distinct threat.

      I am not equating illegal copying with "zero legit sales". I am saying that, left unchecked, illegal copying will make it unprofitable to stay in the recorded music business. It is not necessary to reduce sales to zero. It is only necessary to reduce sales to the point at which it becomes more attractive to engage in another kind of business.

      --
      -- Slashdot: When Public Access TV Says "No"
    5. Re:File Sharing Will Kill CD/DVD Maeket by Anonymous Coward · · Score: 0

      "Logically, file sharing will eventually destroy the CD and DVD market. Why try to sell something people are just going to steal? So, ironically, no one will have anything to share anymore.

      Personally, I don't believe anyone has a right to "share" the data on a CD or DVD unless that right was passed to you by the person who created the data. (I put quotes around share because use of that word is a deliberate attempt to whitewash what's really going on.)

      If I don't own all rights to something I make (which , of course, I do, since it is impossible for anyone else to own those rights unless I transfer them), then I can't benefit from its production and reproduction. If I can't benefit by selling some of those rights, I'm likely to quit making things. So will almost everyone else, contrary to the naive opinions often expressed here that legitimate artists just want to give it all away and don't care about making a living."
      Well,for centuries music and art were free or almost free and guess what..it survived...
      of course i dont mean that art must be completely free because nowadays people live from their art..but thats another thing and stealing customers pockets is another..
      in greece,we first have cd, in 1991,and the cd cost was about 17 to 20 euros.guess what.the same price it costs today!why?because record companies found the cow to fill their bank accounts by stealing for years the fans of music...so thats why people dont want anymore to have buisness with companies.because companies steal them for decades...

    6. Re:File Sharing Will Kill CD/DVD Maeket by The_Wilschon · · Score: 1

      contrary to the naive opinions often expressed here that legitimate artists just want to give it all away and don't care about making a living.

      Eh? Artists make a living off of sales through record companies? what dreamworld are you living in? Record company executives make a living off of record sales... Artists don't. Artists make a pittance off of record sales. Occasionally, people are chosen by the record company to be made big (note, not have the talent to make it big, but are chosen to be made...) And those people probably make a decent amount of money off of record sales, but for the most part, your stereotypical "starving artist" makes money off of merchandise sales on tour. period. and not much else. So, if you want to keep the music industry alive, download all the free music you want, but go to concerts and buy t-shirts. Not CDs. T-shirts.

      --
      SIGSEGV caught, terminating

      wait... not that kind of sig.
    7. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 2, Informative

      As I said elsewhere, sales and, hence, profits, only need to be reduced to the point that other lines of business become a more attractive investment. At that point, people will stop trying to sell CD's and DVD's because they can get a better return on their money selling something else.

      And, no, it isn't ridiculous that the price of CD's and DVD's is more than the 3-5% you say the "hardware guys" accept as their profit. No one is interested in the hardware. A blank CD is no more attractive than 400 blank pages bound together as a book. It is the data and information, not the hardware, that people want. Would you by a DVD player if no DVD's were available?

      I disagree that we gave "our culture" to corporations. Pop entertainment isn't much of a culture in the first place, so, even if your assertion was correct, I would not lament that fact.

      It is not the responsibility of any corporation or other business to bring to the "masses" products you, or I, believe the "masses" ought to purchase. It is the responsiblity of businesses to try to sell, to as many individuals as possible, as many products as possible. If people don't like the affect of buying those products, then the blame rests with them, not the corporations.

      --
      -- Slashdot: When Public Access TV Says "No"
    8. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> ...stealing for years the fans of music...

      How can any business steal from their customers when those customers willingly buy their products? Even if you argue that the products are overpriced, it isn't theft. If you think CD's cost too much, don't buy them.

      >> ...for centuries music and art were free or almost free and guess what..it survived...

      Not accurate. Even if they don't sell tickets to their performances, musicians and artists must be compensated in some way for their production, otherwise they would not be able to support themselves. So, if you go see a free concert, for example, just remember that someone else is providing the resources, i.e., payment, that make it possible.

      In any case, this issue is not about music and art. It is about the reproduction and distribution mechanism used to market music and art.

      --
      -- Slashdot: When Public Access TV Says "No"
    9. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> ... Record company executives make a living off of record sales...Artists don't.

      If artists don't make money off record sales, then why do they keep signing contracts with record companies? What smart musicians do is to get in the CD business themselves.

      I'm not especially interested in whether or nor the music industry survives.

      --
      -- Slashdot: When Public Access TV Says "No"
    10. Re:File Sharing Will Kill CD/DVD Maeket by Nodatadj · · Score: 1

      Mogwai, a fairly large and popular alternative band, have often said that they lose money on their tours.

      For bands to make enough money to survive by touring,they need to tour constantly, and doing this can be very very draining.

      So no, I reject the idea that artists make their money off of tours.

    11. Re:File Sharing Will Kill CD/DVD Maeket by Anonymous Coward · · Score: 0

      I am not equating illegal copying with "zero legit sales".

      But you did just that. You said "Why try to sell something people are just going to steal?". If they are just going to steal it, then they aren't going to buy it. Maybe that's not what you meant, but it's what you said, and after all, that's all I can reply to.

      One person copying an album onto a tape poses no threat.

      That's not what the RIAA said. Nor is it what the MPAA said about the VCR. They werwe crying wolf then, and from all eveidence it looks that they are crying wolf now.

      I am saying that, left unchecked, illegal copying will make it unprofitable to stay in the recorded music business.

      I think you're wrong here, but of course the proof will be in the pudding, and it mgiht well turn out to be me that's wrong. However, in spite of all the fileshariong going on now, the recording industry is doing quite well. To me that indicates that they are still viable. People still want to own DVDs and Cds.

      Your last sentence is true enough, but there's no indication so far that that is what's happening.

    12. Re:File Sharing Will Kill CD/DVD Maeket by zmollusc · · Score: 1

      No. I also distinctly remember when Home Taping Was Killing Music.
      If sales decrease of cd/dvd then the companies that will thrive will be those that cut their expenditure on cocaine/whores/helicopters and drop their prices to the point that people will buy their product.
      Try working it backwards. If the price of all magazines and newspapers went up to $25 a copy then either sales would stay the same and the newspaper execs would be even more rich or less copies would be sold and more xeroxing and scanning would happen.

      --
      They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
    13. Re:File Sharing Will Kill CD/DVD Maeket by -noefordeg- · · Score: 1

      That's just plain stupid!

      I think my three LotR Extended Edition boxes do very well at their current placment in my living room.
      Same with the huge BBC WW-2 documentary (16DVDs).
      I've also downloaded those films, adn several more that I also own.
      Why?
      Because I think they are worth it and it's also nice to impress people with a great DVD collection.

    14. Re:File Sharing Will Kill CD/DVD Maeket by -noefordeg- · · Score: 1

      Damn... I forgot.

      "Logically, file sharing will eventually destroy the CD and DVD market."

      -How?! The latest movies that have been popular and also been downloaded most are also the movies that have sold most copies... How do you explain that?!

    15. Re:File Sharing Will Kill CD/DVD Maeket by Yartrebo · · Score: 1

      Regarding theft: Rockerfeller and his Standard Oil had 'willing' purchasers of his monopoly priced oil. Carnegie and his Carnegie Steel had 'willing' purchasers of his monopoly steel. Guess what those two are commonly refered to. Yep, they're called robber barons. Record companies are just like Standard Oil and Carnegie Steel - big, fat, and lazy monopolies.

      Regarding free art and music: Musicians and artists were payed by commission. A wealthy person would pay them to produce the work. They were often given far more leeway that is given in today's corporate climate and there was little or no concept of copyright. The respect garnerned for doing art and love of doing it were also major driving factors. I do not see why it could not happen today. If it works with a multi-billion dollar project like Linux, million dollar projects like movies should happen quite readily.

    16. Re:File Sharing Will Kill CD/DVD Maeket by dusty123 · · Score: 1

      Right, long term, the CD/DVD is actually doomed. People just don't want to go to stores anymore, they want to get their music/video from the internet. As broadband connections increase and the bandwidth gets higher, the demand for online content increases.

      I am sure that there's a market for online music, and I said market, which means that people will earn money with this technology.

      People are willing to pay for what they consume. It's only that they want to decide, it never works in the long term if someone is selling something that people don't appreciate.

      Music industry is going to change. But this only means that some markets are going to die and other markets will emerge. It's all about flexibility.

      Did you know that the music industry earns more money by selling ringtones by selling singles?

    17. Re:File Sharing Will Kill CD/DVD Maeket by EpsCylonB · · Score: 1

      As I said elsewhere, sales and, hence, profits, only need to be reduced to the point that other lines of business become a more attractive investment. At that point, people will stop trying to sell CD's and DVD's because they can get a better return on their money selling something else.


      Bring it on, the record industry is such a cash cow at the moment it needs that kind of readjustment even if it means that music stops being produced for a while.

    18. Re:File Sharing Will Kill CD/DVD Maeket by Anonymous Coward · · Score: 0

      Just wanted to say: I agree with you completely. As such, I've modded 3 of your posts up in this thread.

      Just wanted to post to show I agree.

      Logged out and ACing so I can post in this thread.

      - Jax.

    19. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      It is only necessary to reduce sales to the point at which it becomes more attractive to engage in another kind of business.

      And your point is...? So entertainment ceases to be big business. This is a bad thing... how? Lots of people will fill in the void. To me, lots of little businesses is much better than one big cartel controlling everything we see and hear. The creativity business will change. It certainly won't disappear. And on top of that, many more people that can't break into the business now, will become known.

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    20. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      If the only benefit you see is money, then by all means keep your creations to your own damn self. The real benefit is the creation. If you can't see the benefit in that, then you shouldn't be creating anything. If file sharing kills the CD/DVD market, great! The damn things won't last longer than 20 years anyway, and the landfills don't need yet more trash. The "rights"(I put quotes around rights because use of that word is a deliberate attempt to whitewash what's really going on.) you claim are not rights. It's a gov't service granted to you in the mistaken belief that you will be proportionally generous to your expected millions of dollars. It's trickle down economics, and it stinks. So please, feel free to take your ball, and go home.

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    21. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      You are fundamentally wrong.

      Do you seriously believe that everyone and anyone who writes a book or a song does so with no thought to selling it? How do you think creative people survive? Either they sell their creations or they depend on other people to support them. Either way, they can't create anything unless someone gives them money.

      No government service is involved in establishing my rights to something I make. If I bake a cake, that cake is mine. You have no right to eat the cake or acquire my recipe unless I say you do. Likewise, if I write a book, you have no right to read the book or reproduce the book unless I say you do. If I make something, I own it and I own every right associated with it. Because the "thing" has never existed before, it is impossible for you or anyone else to have any rights at all to do anything at all with my creation unless I grant you that right. I challenge you to prove I'm wrong.

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      -- Slashdot: When Public Access TV Says "No"
    22. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      I didn't make a judgment about it. I don't care if enternainment ceases to be a big business. I'm just pointing out that most of the music that people are "sharing" won't be available to anyone.

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      -- Slashdot: When Public Access TV Says "No"
    23. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> ... the record industry is such a cash cow at the moment it needs that kind of readjustment...

      Why? Do you think that any business should be destroyed if their profits exceed some particular level? Why do you care how much money these people make? No one is forcing you to buy their products. No one needs to buy their products, either. That's why they call it "entertainment".

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      -- Slashdot: When Public Access TV Says "No"
    24. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Monopolizing a market is not equivalent to theft, even if the popular press called Standard Oil and Carnegie robber barons.

      Artists can't live on respect alone. They need to buy food and shelter, just like the rest of us. Whether you draw a commission, sign a contract with a corporation or accept donations, you are stilling being paid for your work.

      It is also worth remembering that in your fantasized version of history, the works artists created for rich people were controlled by those rich people. You and I would never have seen or heard anyone of them.

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      -- Slashdot: When Public Access TV Says "No"
    25. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> Why try to sell something people are just going to steal?

      I said it. It didn't say corporations will try to sell CD's until the market disappears completely.

      >> That's not what the RIAA said...

      So? I'm not the RIAA.

      >> People still want to own DVDs and Cds.

      Not me. I own several hundred CD's but I haven't bought more than one or two reissues in the last few years. Nor have I downloaded any. Why? CD's and filesharing are both distribution methods. There's nothing being distributed that I want to listen to.

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      -- Slashdot: When Public Access TV Says "No"
    26. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Executives, rich or otherwise, typically don't own the companies they run. The owners expect a certain return on their investments. If the people who own a record company decide that profits have dropped too low, they will compel the company to switch to another product.

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      -- Slashdot: When Public Access TV Says "No"
    27. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      I don't have to explain it. However, when everyone who has access to a CD store also has broadband access, and knows how to download and burn CD's (neither condition exists today), it is only logical to forecast that more people will opt to acquire free CD's via the web rather than buy them in stores. At some point, then, the profits of CD companies will shrink low enough that they will choose to leave the business for other alternatives.

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      -- Slashdot: When Public Access TV Says "No"
    28. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      I don't understand why not. I believe there will be more music to share than ever before, and it will come from many more places.

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    29. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      If I bake a cake, that cake is mine. You have no right to eat the cake...

      That analogy doesn't apply, and has been proven false. We are(at least I am) not talking about physical property. Obviously this is just turning into a back and forth about your claims. You can't own an expressed idea any more than you can own air. Being first does not automatically grant exclusivity. Just because somebody with a gun says otherwise doesn't make it so. Being first only means you were the first. If I or anyone else were to come up with the same or similar idea later, by god, I'm going to use it. I don't care if you like it or not. Just because something didn't exist before you broght it to light, doesn't mean it will never exist. Somebody else will create it, and possibly do it better than you would, and others will be free to build upon it. It won't sit and rot on the shelf until the IP expires like so many things do today. So until you can prove me wrong with actual logic instead of baseless claims, I will continue to do what must be done to get these atrocious laws off the books, and we can agree to disagree. Mmm K?

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    30. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Most people today are "sharing" tracks obtained from commerical CD's.

      If/when the current CD companies stop selling CD's, there may or may not be more music available. That's not the point. The issue is the distribution of recorded music, not the creation of music. I see no reason to expect that business distributing their products over the web will be any less interested in stopping illegal copying of their product that today's music companies. And that includes musicians who market their products directly to the public.

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      -- Slashdot: When Public Access TV Says "No"
    31. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      I am, in fact, talking about physical property. A story, a song, etc., must be manifested in some physical form before it can used or copied. Arguments that I can't own an idea are true but irrelevant. If I write a book, I am not trying to protect or sell the ideas in the book. I am trying to protect and sell the right to copy and market the physical object represented by a file on my hard drive or by a stack of paper. In that regard, the cake example is a direct parallel, not an analogy.

      Notions about not owning ideas area usual tactic of people who claim they own what other people make, but they aren't even talking about the issue at hand. It is just a smokescreen.

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      -- Slashdot: When Public Access TV Says "No"
    32. Re:File Sharing Will Kill CD/DVD Maeket by Terrasque · · Score: 0

      http://magnatune.com/info/why

      --
      It's The Golden Rule: "He who has the gold makes the rules."
    33. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      The companies I could care less about. New, more innovative companies will replace them. As for the musicians, they'll just have to get used to the idea that any CD's they produce are nothing more than advertisement for their next live performance. That's where they should be making their money. If they want to work in a studio, they can hire themselves out for that kind of work. People watching a movie or listening to a soundtrack of me doing my work don't pay me for that. They expect me to perform work live to accomplish a goal. I get paid to perform work. I expect everyone to get paid the same way, for his or her performance. The same goes for all those creative "geniuses" out there. They shouldn't be receiving gov't subsidies any more than a tobacco farmer. That's what IP is. I've said this several times: I'll pay you(editorial you) if and when I go to see you perform, not for your demo. People need to understand that copyright was invented to protect an industry. Some early copyright laws left the creators completely out of the process. So this whole "innovation" spin was put on it to get people to go along. It seems that a whole lot of folks got fished in by that one. With very few exceptions, the distribution business should become extinct. As more people find themselves victimized by copyright law, through crippled tech, lawsuits, etc., they will eventually revolt, and the creators will suffer a backlash, however unjustified, as a result. Too bad actually, because most of them don't deserve that.

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    34. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      If I write a book, I am not trying to protect or sell the ideas in the book.

      Huh? It's what's in the book that gives it value to you or me. Otherwise just sell the blank pages. The ideas are supposed to be where the value is, not the copies. Copies used to have value because they used to require a physical medium and physical effort to distribute. This is no longer true. Copies are now worthless. They can only serve as a representative of your performing talents. If someone pays me to watch a copy(video tape) of me working my job, then I'll go along. As it is, I have to perform live. What makes you so special that you should be able to do something once and get paid for it over and over through sales of a copy of you working? It's the idea that matters. Creating false scarcity with legistration only gives it a false value, and more people are becoming aware of that every day. It appears that some poeple are trying to cash in on the copyright lotto before the train runs out of track. A good example of just how psychotic the situation has become, is that people actually believe that they should pay more for article of clothing simply because it has some corporate logo splashed all over it(a T-shirt with "Corona" or "Nike" on it). That's bullshit! They should pay me to advertise their product. In fact you should pay me also to distribute your CD's(advertisement). It can only help bring in a larger audience for your next performance.

      Notions about not owning ideas area usual tactic of people who claim they own what other people make, but they aren't even talking about the issue at hand. It is just a smokescreen.

      Nice try. I'm not claiming ownership. I'm telling you that nobody owns it.

      Arguments that I can't own an idea are true but irrelevant.

      There you go. You just contradicted yourself. However it is the heart of the matter and very relevent. If you can't own an idea, what in the world make you think that you could own a copy? Except your personal copy of course. I'm not trying to take that from you. My copy is mine to do with whatever I wish, and you can do the same with yours. What you can't ever do(without a gun) is to tell me what I can do with mine, and that includes making more copies. An expressed idea has no owner, and no one person has a right to control it in any way. You should understand that wider distribution will make your talents more valuable to more people. More people will come to watch you perform. You wiil make more money, but you shouldn't be able to do it by sitting back and collecting the rent. If you want to do that, buy an apartment building and rent it out.

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    35. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> That's where they should be making their money.

      What you or I believe other people should do has no bearing on what they actually do. Whether or not recorded music continues to be sold -- in any format, by any means -- depends solely on the desire of people to buy it. It doesn't depend on the wishes of corporations or musicians. In your insistence that musicians will only be paid to perform, you seem to forget the very reason recorded music is so popular in the first place.

      IP is not a government subsidy. It is simple recognition that I own what I make, and you don't. If you want a copy of what I've made, you have two choices: You can legally acquire a copy from me or those to whom I've assigned rights to makes copies, or you can steal a copy.

      The only people "victimized" by copyright are people that spout obvious nonsense in an effort to disguise their real objective: Get It Free.

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      -- Slashdot: When Public Access TV Says "No"
    36. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      You may think the ideas in my book are of interest, but I don't care. It is the value of the physical book that interests me.

      In fact, the whole notion of copying anything depends on the fact that you can't copy something unless it exists as a physical entity. So the entire line of anti-IP propaganda built around the "can't own or copy ideas" is bogus.

      Likewise, who cares whether you or "nobody" claims ownership of an idea. It is impossible to own an idea. It is impossible to make a copy of an idea.

      Again, I'm not talking about ideas. I'm talking about a physical entity that I made. That entity may or may not be a symbolic representation of ideas, but that is not relevant to my argument. I'm arguing that I own the thing I made, and that the only legal way for someone else to acquire a copy is for me to allow them to do that.

      And, if you do buy a copy of my book from the publisher to whom I assigned publication rights, you acquire only those rights that I have assigned to you. If I didn't give you the right to make and distribute your own copies of my book, you have no such right.

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      -- Slashdot: When Public Access TV Says "No"
    37. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      You own your copy, nothing more. You can't own the idea. See my posts in a parallel discussion here. I'll spell it out again for you. If someone else comes up with the same or similar idea, or even if they get it from someone else, they have the same rights as the first guy. The law says otherwise, but since it's a corrupt concept getting more corrupt over time I choose to ignore it. The gov't grants you exclusivity(the subsidy), for being first. That's not good. All the other reasons have already been spelled out. The rules that apply to my work must apply to yours also.

      The only people "victimized" by copyright are people that spout obvious nonsense in an effort to disguise their real objective: Get It Free.

      A good example of victimization: The DAT recorder. I can get one with digital inputs only if I buy the more expensive(indirect subsidy) "pro" version, not because it costs more. It was to appease the recording industry. I believe the mini disc machine suffers from the same crippling. Taxes on blank media is a more direct subsidy. These laws only exist to protect the industry. That in itself is a form of subsidy. It is similar to the laws Britain passed onto India during their quest for independence that stipulated that they may not make their own salt. It was designed to protect their industry. I do not accept laws that provide special privileges to a few people at the expense of the rest. Other examples?: The DVD player region coding to protect price discrimination. Past examples include that "new" invention, the automobile. Many restrictions were placed on it to protect those involved in the horse and carriage business. Notice that the carriage business survived by building automobile bodies(Body by Fisher?). So, it's up to you to adapt or die. It doesn't matter to me either way. I get paid for the stuff I produce when I produce it, and that's the way I expect it to work for the rest of you. If you can find a way to make your living without denying my right to access to technology or information, then more power to you.

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    38. Re:File Sharing Will Kill CD/DVD Maeket by roju · · Score: 1

      Dude, you're stretching it. A natural property argument for copyright just isn't going to cut it. Once you've sold that book, in a natural sense your ideas and story are out there, and there's no natural right that stops other people from reusing them. Copyright is nothing but a shared hallucination.

    39. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Well this is turning into a silly Monty Pythonesque series of contradictions. I realize now that I just wasted my time. Well not really. I could have stopped at any time. It has become clear that you are talking about something else entirely. All that's left to say is: You do your thing , and I'll do mine.

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    40. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      I think he's trying to convince us that the physical medium is what's important. He refuses to understand that the medium is just the carrier, and that with digital distribution it is hardly necessary to use it as such anymore. I find his arguments pretty bizaare, but that's life in the big city.

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    41. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      You can talk about ideas all you want, but I am not.

      If I make something, it is the original. There is no copy. I possess ownership of my work and all rights to it. You, and everyone else, have no rights to it. The only person who has a right to make one or a million copies of my work is me. I can, if I wish, transfer the right to make and distribute copies to someone else. You may, if you wish, acquire a copy from that person. But, note, I have not transferred to you any right for you to make and distribute additional copies. That right begins with me and extends only to the people I choose.

      To refute this, you will demonstrate how ownership of a work I create can otherwise pass to someone else.

      All talk of ideas is beside the point. The discussion is about copying physical entities.

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      -- Slashdot: When Public Access TV Says "No"
    42. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      The medium is the crucial element, whether the medium is a book made of paper or a digitized file.

      One cannot own an idea. Ideas are not physical; it is impossible to own the nonphysical.

      If I write a book, that book is nothing more or less than a collection of symbols placed on a medium. That is a physical entity. At first, there is only one copy: the original. I own it. How can anyone else claim to own it? How can anyone else claim to have the right to make copies unless I permit it?

      The entire notion of sharing -- legally or illegally -- collapses unless it is premised on the fact that there is something physical to share. You cannot "share" the idea of a track from a CD. You must "share" an actual digitized file. If the creator of that track did not assign you the right to copy it, then you do not have the right to copy it.

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      -- Slashdot: When Public Access TV Says "No"
    43. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      I am making no natural property argument for copyright. I haven't mentioned copyright.

      If I write a book, I may decide to sell to a publisher the exclusive right to make and market copies of that book. But, that's the only thing I sell. I still own the original copy the book and all other rights to it. Importantly, when you buy a copy of that book, you do not acquire the right to make and distribute additional copies. Why? because I sold that exclusive right to the publisher.

      If you believe otherwise, demonstrate how the right to make a copy of something I own can pass to someone against my wishes?

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      -- Slashdot: When Public Access TV Says "No"
    44. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Sorry, second reply. Goes to show how unimportant the person is. I was under the impression that I was talking to two different people. I was only looking at the comments themselves. But since I'm here, I may as well say this.

      I'm talking about a physical entity that I made.

      You make your own paper and CD's? Most people I know either buy those things or have their publisher do it. So fine. Let's say you bought your paper or CD, whatever. You didn't make them. You placed your ideas on them, run off a bunch of copies over at Kinko's. Why would you do that? I hope it's not to sell paper or plastic. I assume that you want people to read what's on the paper. That's what people are going to buy, the info on the paper. Now once I buy a copy, it's MY paper. The info may have come from you, but that's not important to you. You said so yourself. If I write a book, I am not trying to protect or sell the ideas in the book. However, that's what the copyright is protecting. Again, that's not what you seem interested in. So great. I'll put the copies on my paper. It won't cost you a dime. You're looking for control. Copyright law gives that to you, but in fact you gave up that control the moment you expressed your idea. The gov't not withstanding. It's automatic. The EULA of the universe says so. Like all EULA's, you don't have to sign it. You don't even have to see it. You agreed to it when you were born. It supercedes the "social contract" that so many people drone on about. Now if you want to be a human being, rising above the "animal universe", you will see that sharing with everybody is the one true way to spread ideas. So that everybody, including you can benefit. Allowing the sharing and building upon ideas will benefit everyone exponentially(?) more than restrictive IP laws ever could. It appears you don't want that either. You appear to want to be above others, looking down on them with your creative superiority. You want to control what they see and hear. Don't worry. I don't consider that to be bad or anything. It's perfectly natural. The only thing bad about it is that we know we don't have to act this way. If I had more information on the subject, I could probably prove to you that it's not healthy, physically or spiritually(meta physically?) to think that way. That is all...for now...

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    45. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      I'm sorry. I was formulating a second reply to one of your previous posts when you sent this one. It seems to apply here also. Read it at your convenience.

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    46. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      The discussion is about copying physical entities.

      No problem. My argument still stands. I gave you no control over my copy, that I may or may not have bought from an authorized or unauthorized distributor. When you produce a signed contract with my signature on it, well then you have a point. I will have waived my rights to do what I want with my copy. Standing behind a corrupt law will not help you here.

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    47. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Nice try, if you're a high school debater.

      What does paper have to do with anything? Tell me how you can come to own a right to do something with my work if I have not transferred that right to you? How did you get it?

      Don't tell me what you believe. Don't type utopian nonsense about what you think should be the case. That doesn't count, Tell me how you can acquire a right that is oringally mine if I do not give it to you.

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      -- Slashdot: When Public Access TV Says "No"
    48. Re:File Sharing Will Kill CD/DVD Maeket by roju · · Score: 1

      There, you just did it again!

      "I may decide to sell to a publisher the exclusive right to make and market copies of that book."

      You are claiming that by writing a book, you inherently (natually?) have the right to decide who can make copies. Where does that so-called right come from?

      In the US anyway, that right comes from the Constitution, where it is explicitly stated that it is NOT at natural right, rather it is a granted specifically "To promote the progress of science and useful arts". It is not a function of ownership of private property. It is a government granted monopoly.

      Why can't I make copies? Not because you are magically entitled to be the only one who can. I have a copy of the book, I'm sure there are shops that can cut it down and run new copies for very little money. The reason I can't make copies is because we (the public) decided it was in our own (the public's) interest to restrict copying, in order to encourage new creativity to take place. That's all there is to it.

    49. Re:File Sharing Will Kill CD/DVD Maeket by roju · · Score: 1

      How has your brain not exploded? I cannot copy your idea, because it's yours; yet at the same time, no one can own an idea? Make up your mind.

      What if I read your story, and then re-type it from memory? Is that ok?

    50. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      My copy is MY copy. You shall have NO control over MY copy. Again, the gov't not withstanding, you have no exclusive rights to transfer to anybody. You can only claim it's yours as long as the gov't says so. Make no mistake. Copyright will go away. It has to if we are to progress. It's just a matter of time.

      Don't tell me what you believe.

      That's precisely what you're doing. Gov't backing doesn't make it true.

      Tell me how you can acquire a right that is oringally mine if I do not give it to you.

      Who or what gave you any exclusive rights? Don't tell me what the law is. This law is corrupt and doesn't count. Find me the basic premise that grants you these exclusive rights.

      1. It is the value of the physical book that interests me.
      2. I am trying to protect and sell the right to copy and market the physical object represented by a file on my hard drive or by a stack of paper.
      3. What does paper have to do with anything?

      Oooohh, I don't know. Maybe it's because most books are written on it?

      Look. This will go nowhere as long as you claim rights that don't exist. There are papers(there's that word again) that try to enumerate(?) inalienable rights. You won't find copyright in there. Any "right" that infringes on another person in any way is in no way inelienable.

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    51. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      You're still wrong and you're still evaiding my questions by raising extraneous issues.

      This has nothing to do with copyright law. If I make something -- a book or a cake -- it is not copyright law that gives me exclusive ownership and control over that entity. The entity did not exist, I created it, it is impossible anyone else to own it, therefore I own it and have exclusive control of it.

      As the possessor of all rights to that entity, I, and I alone, can determine who is allowed to copy that entity. I, and I alone, can determine if, and how, an authorized copier maay make additional copies. Someone who I allow to acquire a single copy, perhaps through a publisher or a furniture manufacturer, has no right to make additional copies unless I explicitly transfer those rights.

      The notion that you raise of waiving rights is irrelevant because, in the scenario you describe, you have only the rights I assign to you. You cannot waive rights you do not possess.

      Unless you can tell me how an entity's creator does not possess exclusive control of that entity, and tell me how all rights to it are not originally possessed by its creator, and how those rights can be acquired by someone else without their transfer from the creator -- which you have obviously avoided doing -- this discussion is pointless.

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      -- Slashdot: When Public Access TV Says "No"
    52. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      The Constitution grants no rights. It recognizes and protects rights. The U.S. is premised on the fact that people have rights by simple virtue of their existence.

      The burden is on you to prove that someone other than the creator of an original work has rights to that work absent their explicit transfer by that creator.

      As I've said, this has nothing to do with copyright. What I say applies to anything someone makes: a book, a cake, a piece of furniture, a computer program.

      Please explain how you can acquire rights to an object that I create if I do not transfer those rights to you. That's a simple question. Either I own what I make, or someone else owns what I make. If you believe the latter, explain it.

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      -- Slashdot: When Public Access TV Says "No"
    53. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      I did not say you "cannot copy your idea, because it's yours". Ideas are nonphysical. Therefore, it is impossible for ideas to be possessed, held, touched, or othrewise physically manipulated.

      My story is not an idea, anymore that is a piece of furniture that I might make. Both are physical entities. If you read my story or see my furniture, you still have no right to make a copy unless I assign that right to you.

      Let go of this airy-fairy stuff about ideas. It isn't relevant.

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      -- Slashdot: When Public Access TV Says "No"
    54. Re:File Sharing Will Kill CD/DVD Maeket by roju · · Score: 1

      But a story isn't a physical thing. A book is physical. A story is just words. If I read your book, the story is now in my head. The only thing preventing me from retelling it is my limited recall. You don't have any inherent right to prevent me from retelling the story in any way I like.

    55. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Right. A story is not physical. But you can't read a story unless someone writes it down and publishes it. That's a very real physical object. At some point, there is only one copy: the author's. Without the author's permission -- a transfer of rights -- no one else has the right to reproduce that single copy.

      Now, when a author sells a book to a publisher, what, in fact, is being sold is the author's right to reproduce and distribute copies of his work. I.e., another transfer of rights. The contract between the author and the publisher will detail which rights the author retains and which rights are passed to the publisher. In other words, the publisher buys certain rights from the author.

      When you buy that book, you, too, buy certain rights from the author, transferred to you via the publisher. Unless the author has specifically transferred to you the right to copy and distribute that book, you have no such right. This is true regardless of the method used to copy it: Xerox or transcribing it from memory.

      The key point is the possession of the original, single, work by the author and that author's exclusive possession of all rights pertaining to the work. The only way anyone else can acquire any of those rights is if the author transfers them. To argue otherwise it is necessary to demonstrate how anonymous individuals can have rights in that orignal single copy without the author's transference of those rights to them.

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      -- Slashdot: When Public Access TV Says "No"
    56. Re:File Sharing Will Kill CD/DVD Maeket by StikyPad · · Score: 1

      You almost made sense...

      Except that piracy has long been a factor with software, and the software market still exists.

      Your argument uses the logical fallacy that a significant amount of the population, given the choice, will choose to obtain something illegaly -- low monetary cost -- versus purchasing it legally -- low guilt cost. (Un)fortunately, the amount of people who know how to obtain a "free" copy, yet still choose to purchase that copy legally, combined with the people who don't know how and/or don't want to bother to learn how to obtain things for "free," still makes for a viable market, as demonstrated by the still-expanding market for games.

      If anything kills CD/DVD, it will be competing forms of entertainment.

    57. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Except that software is not nearly as popular or as marketed a product as popular entertainment. I don't know what margins either industry works on, but my guess is that the CD/DVD market works with lower margins than the mass, i.e.,non-enterprise, software market (which, as we know, is dominated by a very few players). The software industry can absorb declining profits longer than the CD/DVD industry.

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      -- Slashdot: When Public Access TV Says "No"
    58. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      We're obviously wasting time telling each other who's wrong. Again, my copy in my posession is my copy to do with what I want, period. And I'll act accordingly. You can sell me anything you want, and once I am in posession, it's MINE to copy, fabricate, destroy, fold , mutilate, remove the tag from, etc. You have absolutely no right to control anything that is in my posession, unless we sign a mutually agreed upon contract providing you those rights. Only through a signed contract could you possibly even in the remotest sense maintain any cotrol over anything not in your posession. I'll spell it out for as simply as possible. Anything does does not involve us trying to occupy the same space at the same time is absolutely, positively irrelevent, your copies, my copies, the law, whatever. It appears that it's too simple for you to understand. So forget it. I'm done with this. You may continue with your specious claims all you wish. You have no basic premise no which to stand, and that's that.

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    59. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      No, you don't laways have the right to do with as you will with something you possess.

      I posted this elsewhere, but it sums up my position:

      "...when a author sells a book to a publisher, what, in fact, is being sold is the author's right to reproduce and distribute copies of his work. I.e., another transfer of rights. The contract between the author and the publisher will detail which rights the author retains and which rights are passed to the publisher. In other words, the publisher buys certain rights from the author.

      "When you buy that book, you, too, buy certain rights from the author, transferred to you via the publisher. Unless the author has specifically transferred to you the right to copy and distribute that book, you have no such right. This is true regardless of the method used to copy it: Xerox or transcribing it from memory.

      "The key point is the possession of the original, single, work by the author and that author's exclusive possession of all rights pertaining to the work. The only way anyone else can acquire any of those rights is if the author transfers them. To argue otherwise it is necessary to demonstrate how anonymous individuals can have rights in that orignal single copy without the author's transference of those rights to them."

      In other words, we don't acquire the right to copy and distribute a book when we buy it unless the author specifically grants us that right.

      To argue otherwise is to argue that an author gives you the right to copy when you buy the book. This is factually incorrect. You may believe that it ought to be correct, but your beliefs do not correspond to reality. The reality is that if you copy and distribute a book without the author's permission, he is likely to sue you. That's reality, and you beliefs will have no impact on the suit's outcome.

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      -- Slashdot: When Public Access TV Says "No"
    60. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      They can sue me all they want. I guarantee they will get nothing, because that's what I have. You have spelled out your position, your beliefs, nothing more. It doesn't make it fact. Your entire post assumes a belief in rights that just don't exist. You have yet to base it on any fact or proof. You're basing it on corrupt law, bought by powerful groups(of which you wish to become a member apparently), for their exclusive benefit. Putting it into quotation marks or even quoting others beliefs doesn't make it factual either. I will always maintain that only a mutually agreed upon signed contract can in any way restrict my rights with my posessions no matter who makes them, and no matter what they are. Note that my rights with what I do with my apartment or my car are restricted by the contract I signed with the building owner or the state repectively. I signed no contract with my other posessions. I bought them outright. If you wish to maintain any control, you must produce a contract for me to sign. I will accept nothing less. As this discussion goes on, I'm becoming more and more aware of just how ludicrous your claims are. They simply make no sense. They are simply claims of one's desire to have control over others. It's a way of putting others beneath you, to provide a sense of superiority. As you look into the history of IP, you find that that was its original intent, and its obvious result. You can state your position as fact all you want. Back it up with logic, not a gun.

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    61. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      P.S.
      The key point is the possession of the original, single, work by the author and that author's exclusive possession of all rights pertaining to the work.

      And on that point, pertaining to your original, you'll get no argument. I don't posess that. You do. Your rights apply to your copy, not mine. As far as my copy, without a signed contract, all bets are off. You have no rights to transfer or to remove.

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    62. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      I am quite deliberately not basing my argument on the law. I've said, repeatedly, that my argument has nothing to do with copyright law. I believe copyright law simply institutionalizes a natural state of affairs, much as the Constitution and Bill of Rights recognize and protect our rights, rather than create them.

      If something does not exist, no one can have any rights to it or claim to own it. Therefore, when someone creates a unique entity, no one except that creator can (A) own the entity, or (B) have any rights to the entity. The only way for someone else to come into possession of the original entity is if the creator, voluntarily or unvoluntarily, transfers ownership. The same applies to rights in the entity. The creator of the work can transfer no rights, some rights, or all rights, as he sees fit. He can transfer the right to make and distribute copies to one person, for example, and prohibit anyone who subsequently receives a copy from making additional copies. Or, he can authorize it. (The latter is the foundation of open source software.)

      Just as the rights to copy and distribute open source software orignate with, and are ultimately controlled by, the individual that released the code, so, too, are the rights to copy and distribute other products: books, CD's, office furniture, whatever.

      If you want to argue otherwise, you need to explain the mechanism by which ownership of and rights in the single entity that represents a new creation can be transferred elsewhere, at the moment of its creation, unless its creator transfers ownership and right, either willingly or unwillingly.

      Otherwise, I've stopped reading your rhetoric, since it is little more than verbal footstomping devoid of content and logic.

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      -- Slashdot: When Public Access TV Says "No"
    63. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      As I;ve said elsewhere, if you possess a copy of a work I made, you have only the rights that I have transferred to you.

      Consider: How do publishers acquire the right to print and distribute a book? From the author, who assigns that right to a single publisher. If that right is not assigned, no publisher can publish the book. And, unless the author specifically allows it, readers of his book have no right to copy it. All rights originate and are controlled by the author of the book.

      You keep make contrary assertions, but you've failed to explain how you acquire rights to something I've made if I don't give them to you. If not from me, where do those rights come from?

      And please stop talking about contracts.

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      -- Slashdot: When Public Access TV Says "No"
    64. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      ...How do publishers acquire the right to print and distribute a book?

      By exploiting the corrupt law I mentioned in another post.

      You keep make contrary assertions,...

      Where? Only contrary to your position, if that's what you're talking about.

      And please stop talking about contracts.

      Why? It's a perfectly valid assertion, unlike yours.

      As I;ve said elsewhere, if you possess a copy of a work I made, you have only the rights that I have transferred to you.

      Yes, you continue to repeat that without any basis in fact. Try something new. That statement doesn't hold water or anything else for that matter. In fact you last few posts haven't said anything new or meaningful. You're simply claiming things that just aren't true, and I'm now beginning to wonder if you're not just trolling.

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    65. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Rights are not created by laws. Rights are protected by laws, but no law can create a right. Rights are ours by virtue of our existence.

      So, you can't explain how you acquire a right by pointing to a law, corrupt or otherwise. (You have not explained what law you are talking about, or why it is corrupt. Presumably, if a law met your standard for being uncorrupt, your argument would collapse.)

      Please explain, in support of your assertions, how we have no rights unless a law gives them to us.

      And, if you think my statements do not hold water, please explain, logically, what's wrong with them

      I've explained my position logically. You have not; you've simply stated your position. I've asked you several questions which, if answered, would support your position. You have not answered them. I must assume tht is due to a lack of answers, not a lack of willingness.

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      -- Slashdot: When Public Access TV Says "No"
    66. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Please explain, in support of your assertions, how we have no rights unless a law gives them to us.

      You have it so backwards. You are attempting to assert control over my possessions. You simply have no right to do that. It's just too obvious. I have explained that already. You have simply repeated your position, still without any basis. It's still just as false as the first time you stated it.

      Rights are not created by laws. Rights are protected by laws, but no law can create a right. Rights are ours by virtue of our existence.

      That's exactly what copyright does. It attempts to create special exclusive rights. Rights that don't exist by virtue of our existence. Without copyright, you have no legal control over my possessions. This is just one of the things that show that these laws are corrupt. The manner in which they were created and expanded would be another. A non-corrupt law protects everyone...equally, and binds everyone...equally. However, those who make and enforce the law should be doubly bound. You have no right to control things you don't own. Not by virtue of your existance or by any valid law. I don't have any of your posessions. I may own one of your creations, but after the sale or gift you no longer own it in any way. It is mine. Your rights extend only to the surface of your skin, no farther(although for the time being I'll acccept your ownership of your physical property in your physical posession, and you will accept mine. Later? You never know...). Same goes for me. We are the same. Neither you or I are worthy of any exclusive rights. Even over our creations we no longer possess.

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    67. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> ou have no right to control things you don't own.

      Neither do you. You don't own the right to copy a book you just bought. You only own the book and whatever rights the author has granted you. Possession of the book and possession of rights in the book are two different things.

      I am not attempting to control your possessions. You are not in possession of the right to copy and distribute my work. Unless the author of a work grants you the right to copy and distribute his work, you do not possess that right. Don't confuse physical possession of something with the right to do with it as you please.

      Copyright has nothing to do with this. If we object in question was a chair, copyright would not apply. But, if I sold you one copy of a chair, but did not sell you the right to make and market copies of that chair, you would not possess that right.

      As I've said, all rights to an object originate with the object's creator. There's is always an original single version of the work. It's creator owns it and has exclusive rights to it. No other individual member of society has any rights to it and can claim ownership. (How could they? It has never existed.)

      The only way for either ownership or rights in an object -- to different properties; they are not synonymous --to pass to another individual is if the object's creator transfer's them. No one can make a copy of the first, original, object unless the work's creator authorizes that. No one has any rights in the object unless its creator grants them those rights.

      And, if a grant of rights is made, e.g., to publish and market a book, those rights do not pass to anyone who purchased a copy of the book. The publisher acquires that exclusive right by paying the author.

      You obviously disagree. You obviously consider the current wya of doing things to be "corrupt". However, while I've tried to provide a logical and coherent basis for my belief, you have not done so. Simple, repetitive, assertion of your opinions does not constitutue logical argument.

      If you believe that rights in a work can pass to someone in the absence of a grant by the work's creator, please explain how that happens. If you believe that all this is the result of copyright law, please explain how the absence of copyright law would mean that a work's creator would not have complete and exclusive rights to his works, and how those rights could be vested in others without his authorization?

      Finally, please explain your apparent belief that the purchase of an object also gives you the right to make and distribute copies of it. On what is that belief based?

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      -- Slashdot: When Public Access TV Says "No"
    68. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Possession of the book and possession of rights in the book are two different things.

      Only by the aforementioned laws, and only in your head. Even copyright law accepts that. If your claimed rights were in fact rights, they would remain permanent, lasting forever, like real inalienable rights. IP laws grant temporary privileges in the belief that you will throw society a bone. Read up on it. After the copyright expires, you lose all legal "rights". Your ideas on this matter are clearly a twisted interpretation of the law, nothing more.

      However, while I've tried to provide a logical and coherent basis for my belief...

      That's what they are, your beliefs, and they are mistaken, and without any valid premise.

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    69. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Such ill-educated nonsense.

      If rights exist only because some law says they do, then you're arguing that your right to, say free speech, depends on some law? If you actually believe laws create rights, then you are hopelessly mistaken.

      If everyone has the same rights in a work as does the author, then how does the author transfer some -- not all -- of those rights to a publisher? Are you arguing that everyone has a right to, say, duplicate Slashdot and run it anywhere they wish?

      Like most irrational zealots, you can't manage to present a logical defense of your position. I see rants, nothing else.

      You are spouting juvenile rubbish. And, as always, you are avoiding my questions. If you can't answer them, I take that as an admission that you are wrong.

      You can't even a basic question: Suppose I write a book. Suppose I have the manuscript. There is no other copy. You are arguing that you, and anyone else, has the right to take that manuscript and make and sell as many copies as you wish. Why? How does that differ from theft? If I sell a publisher the right to print and sell copies, while retaining all other rights, how do you acquire the right to do the same thing, when no one has given that right? Where does it come from? Following you notions, if you have the right to make copies of the book you bought from the publisher, then logically, when the manuscript was the only existing copy, you had the same right to take it and make copies? Why?
      That sounds like pure nonsense to me; a justification for theft. But, if you think otherwise, explain it, please.

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      -- Slashdot: When Public Access TV Says "No"
    70. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Suppose I have the manuscript. There is no other copy.

      You're making my point for me. It's theft only if I take your copy. That one and only copy is in your possession. That copy is yours. If I buy that copy or a second copy. Then that which I bought is mine. I never said anything about taking it. If you make even the feeblest attempt to understand, you will realize that copyright(for instance) is not perpetual. It expires after a certain time. After which you lose all legal controls over other peoples copies. Or do you believe otherwise?? Real, honest to goodness rights don't expire ever. They can be taken by force... Even I can understand that copyright is not a right. It was never written as a right. It was intended to provide a temporary monopoly to the creator over control of his publications. It was out of the graciousness of the gov't that this monopoly exists. It is by gov't edict that you can maintain control over the possessions of others. It is a "right" created by the force of law. And after the time limit is up it belongs to the public. Where it always should have been. But greedy people say another thing all together. Copyright is nothing like the rights to free speech. In fact it's the direct opposite. It restricts free speech. It gives the copyright owner the power over what I can say. Notice I say the power, not the right. But like all special privileges, it does expire. And like all special privileges, I know it's wrong.

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    71. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      If I sell a publisher the right to print and sell copies, while retaining all other rights,...

      Just caught this... Just what rights do you retain beyond copyright?? Especially after the copyright expires? Do you actually believe you have some perpetual rights over the copies you don't own? I would definitely like to know what these rights could possibly be. I'm sure a lot of other people might be interested also. You talk about transfering your rights to so and so, but you never explained the rights you maintain other than copyright, and I've already explained why copyright is not a right. Real rights last forever. Copyright doesn't. Real rights apply to everyone equally. Copyright doesn't. Real rights don't require gov't recognition. Copyright does. Real rights aren't restricted by time or place, or to certain people. Copyright is. What real rights do you have over other people's possessions, whether you made them or not? Feel free to refer me to a previous post in case I missed it. Unless I forcibly take your copy, I have stolen nothing of yours.

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    72. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      You haven't been paying attention.

      When I make something -- a book or a chair -- I own the only existing copy. I have all rights to do with it as I please. No one else has any rights to it or any ownership of it.

      Therefore, if someone else is to acquire rights in or a degree of ownership of my work, then that ownership and those rights must be transferred from me to those other persons. The transfer can be voluntary or it can be otherwise. Typically, the latter scenario is considered theft.

      If I've written a book, I may decide to put the manuscript in a closet and forget about it. Or, I may decide to sell to a publisher the right to copy and market the book. That transfer of rights is between myself and only the publisher. I could, if I wish, also pass on to people who buy copies of the book the right to make and market their own copies. Or, I could decide to not pass on those rights. When people buy a copy of the book, they are not acquiring the right to copy the book unless the author has specifcally sold them that right as part of the purchase.

      The point is fundamental: All rights to a work come into existence when the original work is created they belong exclusively to the work's creator. It is impossible for anyone else to acquire any of those rights unless the rights are transferred from the work's creator to them.

      Therefore, questions such as "What real rights do you have over other people's possessions" are pointless, because other people do not possess those rights unless someone gave them the rights. So, yes, you can do whatever you wish with your possessions. But, if an author has not given you the right to copy his book, you do not possess that right.

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      -- Slashdot: When Public Access TV Says "No"
    73. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Ok...just wanted to verify that indeed you have it backwards. You are claiming rights that just do not exist. The rights you speak of only apply to your personal copy, as I previously stated. The copyright laws apply to my copy. As I've said, when the copyright expires, so does any authority that you possessed over my copy. I can make as many copies as I want and sell/give to whomever I want. Do you accept this? If not, then do you believe that a work does not pass into public domain? Ever? This is the part that interests me in this discussion. Can you agree that after the copyright expires, your work is in the publuc domain. No? Please explain what authority you have after the copyright goes away. When you give up your copyright to a publisher, the problem is theirs to deal with. In fact you yourself have given up the right to make and sell(or give away) copies of your own work. Most likely the publisher will demand exclusive rights to distribute your work. You will be prohibited from making any more copies. Can you accept this as fact? I can only assume that if you signed a contract(there's that dirty word again) stating that, you do accept this as fact. After the copyright expires, they will lose exclusive distribution rights. So I need to know if you agree that all works with expired copyrights are in the public domain. If you do, I believe that you would have to admit that any rights you claim come from the copyright law, a "created" right, with limits. And that any natural rights apply only to your copy that you put into the closet.

      All rights to a work come into existence when the original work is created they belong exclusively to the work's creator. It is impossible for anyone else to acquire any of those rights unless the rights are transferred from the work's creator to them.

      This is why I'm asking what happens after the copyright expires. What rights are you claiming then? You seem to be saying that public domain does not exist, that your authority lasts forever. I think that almost the whole world will tell you that you're wrong. Even those $50,000 a minute philosophers who spend most of their lives discussing this very thing. Who knows? There might be somebody out there that believe that there's no such thing as public domain, that it steals from the creator of a work. Are you one of them?

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    74. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      In case you're interested, read the discussion that I'm still trying to maintain. I'm trying to find out what he thinks after his work passes into public domain. I'm not sure if he considers that to be theft. You and I both seem to understand that he's claiming some imaginary rights beyond what is provided by copyright.

      It is a government granted monopoly.

      This is what most pro-copyright people refuse to acknowledge. They don't understand the true natural rights never expire. They can only be taken away by force. Copyright is created by force...of law. It restricts natural rights. This is one reason I consider it invalid. The belief that it is designed "To promote the progress of science and useful arts" is mistaken. They believe that without copyright we would still be in the stone age. I believe that it's keeping us back. Just look at its history.

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    75. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Why are you so insistent on talking about the copyright law? That law does not create any rights. No law does that, i.e., create rights. Neither does the Bill of Rights, for theat matter. Laws recognize, protect and regulate the exercise of our rights.

      Whatever rights you have to your copy of my book, they are granted to you by me, via my publishber. That's the essence of copyright law. If you purchase a book, you acquire the rights transferred to you, as well as the specific fair use rights detailed in copyright law. By placing my book under copyright, I've agreed that the provisions of that law apply to my work. So, when copyright expires, it expires.

      All rights to a work -- whether protect by copyright ot not, or by some Stallmanesque anti-copyright formulation -- must stem from the original work and its creator. It is simply impossible for those rights to be attributed to any other source. Therefore, if someone else is to acquire rights to the work, they must, by the nature, come from the creator of the orignal work. Where else could they come from? There are no rights held by anyone until the work is created. Then, when it is created, those rights are exclusively held by the work's creator.

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      -- Slashdot: When Public Access TV Says "No"
    76. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      So if you don't place your book under copyright, it will never enter the public domain? If you sell a copy without placing it under copyright, because you might not agree to its terms, do you believe you have the authority over it forever? Under the peresnt system, if you don't copyright your work, somebody else might. Then you will lose all rights to it entirely. It won't matter if you wrote it. Somebody just copyrighted it, and you will lose all rights. This has happened. Check it out for yourself. The rights you are speaking of apply to physical property only, and then only that physical property in your possession. IP is another thing entirely. In fact IP doesn't exist. You can't own any intellect that exists outside your own head. You can own your personal materialization(pysical property) of that intellect, but the intellect itself cannot be owned exclusively once it is expressed by word or otherwise. I have a right to use that expressed intellect as I see fit. The same applies if I acquire a physical manifestion of that intellect through purchase or gift. Again, only through a signed agreement could you maintain any control over it. It appears that you aren't interested in recognizing that difference.

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    77. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> So if you don't place your book under copyright, it will never enter the public domain?

      No.

      >> If you sell a copy without placing it under copyright, because you might not agree to its terms, do you believe you have the authority over it forever?

      I believe that in the U.S. all books are copyrighted automatically. I.e., you cannot withdraw a work from copyright. In any case, in your scenario, if, when I sold that copy I also sold the right to make and distribute further duplicates of that copy, then, no, I would not claim authority to prevent copying. If I had not sold the right to duplicate that single copy, then I would still claim the sole right to make additional copies.

      >> P is another thing entirely.

      Agree, but I am not talking about IP, or either IP or copyright law.

      >> have a right to use that expressed intellect as I see fit.

      Yes, but you don'e have the right to make a physical copy of my work unless I give you that right. You're again confusing the issue with inapplicable truisms about intellect and ideas.

      >> The same applies if I acquire a physical manifestion of that intellect through purchase or gift. Again, only through a signed agreement could you maintain any control over it.

      Wrong. This does not require a written contract. All that is necessary is for me to decide to sell the right to copy to only one purchaser, e.g.. a publisher. Subsequently, anyone who buys a copy sold ny that publisher is explicitly not buying the right to make additional copies.

      Finally, you are still failing to specify another source for the right to copy. If you believe you have the right to copy my book even if I have specifically withheld that right from you, where do you acquire that right? What is its source?

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      -- Slashdot: When Public Access TV Says "No"
    78. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      If you believe you have the right to copy my book even if I have specifically withheld that right from you, where do you acquire that right?

      Apparently from the same place that you acquire your claimed rights. I do in fact have the right to copy anything I own no matter where it came from. That is a natural right. It seems we just came back to the old back and forth. Without copyright, you have no rights what so ever over anything that's not in your possession. It doesn't matter if you made it or not. Your claim that a work does not enter public domain is false. If you fail to copyright something and somebody else does, it will be up to you to prove that in fact you may be the original creator. If you fail to prove that, you lose. If nobody copyrights it, it is in fact in the public domain. You simply have no rights to give or sell. Your claims are baseless. At this point I need a second or possibly even a third opinion. You're not making your case. I have nature and possibly Lessig, among others on my side.

      --
      What?
    79. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      You don't own the right to copy my book if I didn't sell it to you. That right, initially, belongs exclusively with me. When I sell the right to copy and market that manuscript to a publisher, only the publisher has acquired the right to make copies. The people who buy the book do not acquire that right.

      AS I've repeated several times, copyright law has nothing to do with this. None of us need copyright law to establish the self-evident fact that we, and no one else, own anything we make.

      I've read Lessig. Like you, he fails to explain how ownership and rights of an object are acquired by others without the consent of the person who created it. He beats on copyright, but, once again, I am not talking about copyright.

      --
      -- Slashdot: When Public Access TV Says "No"
    80. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      I've read Lessig. Like you, he fails to explain how ownership and rights of an object are acquired by others without the consent of the person who created it.

      He doesn't have to. It's already understood. For him to spell it out would merely be redundant. It's already understood that copyright is artificial, and that copies of your work that are not in your possesion are not yours. The copies, in their entirety, belongs to the person possessing it. You are trying to extend property rights to something you don't possess. I can only wish you luck in your endeavor. Eventually, if you live long enough, you will realize how mistaken you are.

      --
      What?
    81. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      >> It's already understood

      Well, if it is so bloody well understood, why haven't you bothered to spell it out here?

      >> It's already understood that copyright is artificial...

      So what? I am not talking about copyright. You are, and it is irrelevant to my argument.

      >> ...copies of your work that are not in your possesion are not yours...

      Never said they were. But rights to my work are not transffered to the person who buys that copy unless I specifically say they are. Someone who buys my book owns that particualr copy, but does not own the right to make and distribute additional copies.

      >> You are trying to extend property rights to something you don't possess.

      I possess all rights inherent in the original manuscript or version of my work. No one has any possiblity of acquiring any one of those rights unless I transfer them. (Have you been paying attention?) That's what happens when I sell the book to a publisher. The only thing I am selling is the right to copy and market that manuscript, and I am selling it exclusively to that publisher. (That's why the publisher, not me, will sue you if you start distributing your own copies.) Anyone who buys a copy of that book from the publisher is explicitly not buying the right to make and market additional copies.

      Or, are you asserting that you have the right to copy and market my original manuscript? If so, why are you claiming that right? If not, how do get that right when you buy a copy of the book?

      You've consistently avoided answering those core questions. I have to assume that is because you can't. You've dredged up a lot of meaningless rhetoric about copyright, ignoring the fact that copyright is irrelevant to this discussion. But, it sure helps people who want things for free to obscure their real purpose.

      --
      -- Slashdot: When Public Access TV Says "No"
    82. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      Well, if it is so bloody well understood, why haven't you bothered to spell it out here?

      It would be like trying to explain why water is wet, or why fire is hot. I can understand lots of things in nature, but I don't have the words to describe them. How do you describe light and dark to a blind man? Only with metaphors. Some of the simplest things are indescribable. Maybe that could be why you are unable to explain your position. It wouldn't help you much anyway since it's misguided. Your assumed rights apply to your copy not mine. I understand your position perfectly well. That's how I know you are wrong. If a farmer grows corn and sells some to me, would you assert that I must always buy my corn from that farmer and not be allowed to grow my own from the seeds of the corn I bought from him? Or sell the corn to someone else? He tilled the soil, planted the corn, spent money on water and fertilizer. The corn arose from his work. What rights does he have over the corn he sold to me? Only through copyright can you assert any rights over the work. There are no other rights. Whether you know it or not, you are basing your entire argument on copyright. It's all you got. I get paid for my work, and everbody is free to do what they want with it, and I move on to the next job. My finished work is in the public domain as far as I'm concerned. Nobody has exclusive rights to my work. I don't care if someone tries to claim exclusive rights. They wouldn't get it if I or someone else performed the same work for the next guy. All work is in the public domain. That is its natural state. You seem to be confusing that with eminent domain where the gov't can take your property. Nature recognizes public domain. Gov't law dictates eminent domain. In fact copyright is a "knockoff" of eminent domain, where the gov't takes a work from public domain and grants temporary custody to the first guy who registers it, not necessarily the first guy that discovered it.

      --
      What?
    83. Re:File Sharing Will Kill CD/DVD Maeket by reallocate · · Score: 1

      Just noise and evasion. You've failed.

      --
      -- Slashdot: When Public Access TV Says "No"
    84. Re:File Sharing Will Kill CD/DVD Maeket by iminplaya · · Score: 1

      I'll grant you this. No matter how wrong you are, no matter how erroneous your statements, you hold your ground. I bet if you were caught on camera robbing a bank, you would stand in front of the jury, and with a perfectly straight face, say, "That's not me." despite all the evidence, despite all the facts. You would still be found guilty, but you would never admit to doing anything. I have to say that's a good trait, but it still doesn't make you right. A response to the thing about the farmer would be interesting, however. You have shown to be as guilty of what you are accusing me of. You have stated your beliefs without presenting a single fact. If that's what makes you happy, you go on clinging to those beliefs.

      --
      What?
  40. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 0

    trackers are legal. Since they do not

    "legal, since".

    BBS administrators is NOT responsible

    "administrators are".

    there are copyrighted material transferred

    "are [...] materials" or "is [...] material".

    people that USE the tracker is still doing

    "people [...] are" or "a person [...] is".

  41. It'll never happen, but... by sebster · · Score: 1, Interesting

    They should make file SHARING (thus not reselling) 100% legal. This has many advantages.

    First of all, there is nothing anyone can do to stop it. Peer to peer networks will get better and more secure, up to the point that nobody knows what anybody is sharing or downloading.

    Secondly it won't stop people from going to movies or buying stuff... I still like going to a movie because it's just a different experience than seeing a movie at home. So is a concert. And sometimes when you really like something very much you just feel better buying it knowing you support the artists that created it. I know I'm not the only one that feels that way. (This way making lousy holywood movies might actually be BAD for business too...)

    There are plenty of alternate opportunities to make money. I would love to buy stuff online if I would know it's just good quality with no hassles, and the prices were decent.

    Finally, the current business model is outdated... legalizing the sharing of copyrighted material will get the companies looking for new ways to do business NOW, and will give the greatest benefit to the consumers. In the end they'll have to do that anyway (due to the first reason).

    And as an extra bonus, the crime rate in almost every country would go down immensly (no more illegal file sharers! YAY!) :-)

    1. Re:It'll never happen, but... by Anonymous Coward · · Score: 0

      Being able to download the movie won't stop me from going to the movie, but the $9.00 price (where I live) will stop me from going to the movie.

    2. Re:It'll never happen, but... by Anonymous Coward · · Score: 0

      While we are at it, lets make murder legal too. That way, we shall have no crime rate at all!

    3. Re:It'll never happen, but... by dbIII · · Score: 1
      Finally, the current business model is outdated.I don't think you'll seee another one until there is no longer enough money to keep them in cocaine - that's the only thing that explains all the remakes.
  42. The solution is easy by Jah-Wren+Ryel · · Score: 1

    Watch for the latest copyright legislation to contain a special provision allowing the arbitrary execution of any software developer who creates a new file sharing protocol. It will be made retroactive and the Ass.'s of America will then execute the author of Bittorrent as an example. The create of Gnutella and WASTE will be next.

    --
    When information is power, privacy is freedom.
    1. Re:The solution is easy by maxwell+demon · · Score: 1

      This will only cause new file sharing protocols to be developed outside the US.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:The solution is easy by Anonymous+Brave+Guy · · Score: 1

      You're probably right. It will be known as the Taking and Killing Innocent Professional Gentlemen To Help Eradicate Profit-Impeding Sharing Schemes Act. It will be wantonly abused and lead to a lot of people who create good technology being summarily executed.

      And it will be entirely the fault of the people who abused that technology to break the law.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:The solution is easy by hagbard5235 · · Score: 1

      Expos facto laws are unconsitutional in the US, and unlike other aspects of our constitution that our legislatures seem to have decided don't exist (and the, fortunately smaller, elements of our constitution that the *courts* have forgotten exists) the expos facto restriction is still alive and well.

  43. private communities by tolonuga · · Score: 2, Interesting

    private ftp servers with a few hundered users - there are still lots of them with lots of warez.
    but they can be found, and it easier who has access to them, and all the warez is in one place, so you can sue each user to a huge amount.

    now with bittorrent, it is quite easy to setup a private webserver with a forum, torrent files, and a tracker rejecting unknown users. that does not create much traffic, as most data flows between the members directly. if the site is found and the server is taken in: it only has .torrent files. those alone are not illegal.
    also downloading torrent files is not illegal.
    and I hope nobody is stupid enough to have tracker log files, so there is not very much evidence for legal battles.

    even more important is that with bittorrent a
    hundret people with everyone only donating small resources (dsl line, one central server) can have a huge impact.

  44. Re:I don't think BitTorrent will be much of a prob by mowler2 · · Score: 1

    Thanks. I am bad at english as you can see, but I appreciate any help I can get, such as your corrections.

  45. Re:Newgroups? by deviantonline · · Score: 1

    because your looking at pr0n!!

  46. gotcha cachelogic by Anonymous Coward · · Score: 0
    from the article:

    "The program now accounts for as much as half of all online file-sharing activity, says Andrew Parker, chief technology officer of Britain-based CacheLogic, which monitors such traffic."

    and from this story:

    According to British Web analysis firm CacheLogic, BitTorrent accounts for an astounding 35 percent of all the traffic on the Internet

    so .. 70% of internet traffic is P2P? wow ...

    1. Re:gotcha cachelogic by Yartrebo · · Score: 1

      Not too hard to imagine. When I use P2P, I can max out my line for days on end. Considering I now use P2P (bittorrent) to get my Linux isos, there really isn't anything heavy on the bandwidth that I use that is not P2P.

      P2P is designed to move bytes, and lots of them. To that end it has been very successful.

      I don't see why the ISPs should be complaining though. Commodity bandwidth is fairly cheap these days and P2P is the killer app for upgrading to broadband.

    2. Re:gotcha cachelogic by SurgeryByNumbers · · Score: 1

      When broadband providers price their service, they shoot for what they think is reasonable for an expected amount of traffic. Maxing out your upload 24/7 vastly exceeds that amount, and throws their calculations out of whack.

      They're mad because you're working the system, paying an average-Joe price for lots of bandwidth. If you check the /. archives, you'll find Best Buy trying to get rid of their "bad customers" for similar reasons.

  47. Sharing hollywood movies IS LEGAL under the fair by Anonymous Coward · · Score: 1

    Fair use
    From Wikipedia, the free encyclopedia.

    Although company logos such as these are often copyrighted and trademarked, the fair use doctrine permits their use in certain contexts without prior permission.The fair use doctrine is a body of law and court decisions which provides for limitations and exceptions to copyright protection in the United States as well as other parts of intellectual property-related law, such as those governing trademarks. If a use is fair use, the copyright holder has no rights to control that use and no license or permission is required: you can simply go ahead and make the copies. Fair use is unique to the United States, but a similar principle, fair dealing, exists in many other countries.

    Fair use permits the public to use copyrighted material without prior permission, as long as the material is not fully reproduced. Fair use allows, for example, reviewers of a work to reproduce it in part as an aid to their critique. Fair use also assist in locating a work; as an example, the internet search engine, Google, returns reduced resolution images in order to aid its clients in locating the image they are interested in. Fair use can even aid the copyright owner, by helping people to decide in purchasing a work, by including a portion of the work in a description; online retailers such as Amazon.com frequently resort to fair use to display cover art or portions of a work. Parodies, too, fall under the fair use doctrine.

    Fair use attempts to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works, by allowing certain limited uses that would otherwise be considered infringement. It is also considered to be an accommodation of the free speech protections of the First Amendment to the U.S. Constitution.

  48. Legal Threats by Zedrick · · Score: 3, Informative

    There's some funny examples of various copyright holders' cease-and-desist-mails (and the replies they got) to a Swedish torrent site on: http://static.thepiratebay.org/legal/

    One they day will get a clue and start hunting down the users instead.

    1. Re:Legal Threats by iminplaya · · Score: 1

      One they day will get a clue and start hunting down the users instead.

      "I had to invent a new animal to hunt,...".

      --
      What?
  49. What about ProtoWall? by Anonymous Coward · · Score: 0

    I see PeerGuardian mentioned, but what about ProtoWall? Has anyone run tests to see if either one is better/faster/more secure?

    1. Re:What about ProtoWall? by DisKurzion · · Score: 1

      Protowall is great. It is definitely faster AND more secure. One great thing is that Protowall filters ALL IP packets (not just TCP like the current PeerGuardian).

      I tried both PG and PW. With the same sized lists (massive), PG used 40 MB of RAM, and a decent chunk of CPU usage as well. PW only used 7 MB of RAM, and less CPU usage.

      Getting PW installed was a bit tricker, but once I got it running (XP SP2), I've never looked back at PG.

      If you do start using Protowall, also get the Blocklist Manager to make the blocklists. It is great, and I highly reccomend the anti-spyware/virus/trogan list.

      Because of that list, I install Protowall on comps I repair for people (with only the spyware lists). Even if they never update the list, they'll still be a LITTLE better protected.

  50. They'll get pissed enough one day... by Exaton · · Score: 1

    "...and they can't go to Cohen and moan."

    Yeah, well, fingers crossed and all that...

  51. Re:Newgroups? by Anonymous Coward · · Score: 0

    Terrorist driving Toyota pickups with mounted machine guns gives Toyota a bad name.
    Scott Peterson using a fishing boat to dump his wife's body gives fishing and boating bad names respectively.
    The US military using "Wi-Fi" gives wifi a bad name.

  52. Re:I don't think BitTorrent will be much of a prob by Per+Wigren · · Score: 0

    and their rather rude answers.

    Yes, telling DreamWorks' lawyers "you are fucking morons, and you should please go sodomize yourself with retractable batons." and "Go fuck yourself." is rather rude... :)

    --
    My other account has a 3-digit UID.
  53. What about exeem by Anonymous Coward · · Score: 0

    Well? This hybrid makes BT simple to use and creating torrents as easy as pie....searching for torrents and/or looking at new ones is also easy.

    My ISP couldn't care less about the RIAA/MPAA...I am not sure why, but thats the fact.

  54. Re:Sharing hollywood movies IS LEGAL under the fai by Zareste · · Score: 0, Flamebait

    Since when did federal law apply to corporations? Meh. It no longer surprises me to know we're living in a communist dictatorship where companies own everything you pay for.

    --
    I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
  55. Hollywood Smollywood by Anonymous Coward · · Score: 0

    Hollywood wouldnt really notice the dent if there is really a dent in the movie sales world wide. Its just a load of greedy idiots that have nothing better to do with thier time.

    shoot all the lawyers...

  56. You can't fight EVOLUTION by RealBorg · · Score: 1

    These dinosaurs are doomed to die, no matter what they do. A meteor called 'internet' hit our planet and the artists they used to suck out just do not need them anymore.

  57. Why don't they use it instead-20 Percent. by Anonymous Coward · · Score: 0

    "Rather than fight BitTorrent, the networks need to realize the powere behind online distribution. Here is what a successful TV distribution system needs."

    The power of P2P isn't the technology, but the ubiquitous of broadband. A number that's only 20 percent. A demographic that is mostly affluient, white males.* It's greatly premature to speak of the power of online distribution when 80 percent are denied it's fruits, and that's in the US alone.

    *A demographic that has the money, but is most likely to aquire it illegally, and least likely ( as we're often reminded) to purchasing it.

  58. Think about this...Bootleg quality SUCKS! by Anonymous Coward · · Score: 3, Insightful

    The answer is that the MPAA and RIAA are all being lazy.

    Think about what happens when you download music, I'd say 40% of the time. You find that there's a click or a pop or an early cutoff in the song. Not 100% recording studio quality, or maybe even the encoding rate is less than 128k.

    Also, anyone who has ever seen a bootleg knows that even TELESYNCS are of worse quality than that old TV that used to be in the garage with the aluminum foil on the antenna, and whose antenna was actually a coathanger.

    The answer is to make reasonable quality movies available easily to people. TiVO has the right idea, and this idea may just bury the whole theatre industry (or set it back hundreds of paces).

    I've bought bootlegs on every corner of NYC, and they all SUCK, and I'm not just talking about quality. Same has been said about the quality of the music that is being released these days. The RIAA is mad that we're downloading music that isn't worth even a legit 0.99 cent download. The answer? GET MORE TALENT ON THE LABELS!

    Same is true for movies. Let's do a brief history of movies that have come out recently, shall we?

    Lady Killers - I fell aasleep, personally. Horrible.
    Van Helsing - PUH-LEESE. Should have ended 45 minutes before it did.
    White Chicks - umm...right. White Chicks.

    So one could argue that buying/downloading bootlegs is really just saving us from having to spend $10 now on a crappy movie. 10 BUCKS! Maybe there wouldn't be so much downloading if tickets were still reasonable. $10!

    When I buy/download a good movie, I go to the thetre and see it.

    SAW is a perfect example. GREAT MOVIE, new, fresh, original. Bought a bootleg, watched 15 minutes, and went to the theatre. They DESERVED the price of the ticket.

    Spiderman 2 also....downloaded it, watched it, and went ot see it 3 times in the theatre.

    My advice to MPAA/RIAA...better product. Make it so that we're foolish to try and get a cheap copy of your product. Nobody is out there manufacturing BMW knockoffs, are they? THey'd be FOOLISH to.

    Take a lesson, and stop complaining.

    Just my .02.

    1. Re:Think about this...Bootleg quality SUCKS! by Megane · · Score: 1
      Lady Killers - I fell aasleep, personally. Horrible.
      Van Helsing - PUH-LEESE. Should have ended 45 minutes before it did.
      White Chicks - umm...right. White Chicks.

      So one could argue that buying/downloading bootlegs is really just saving us from having to spend $10 now on a crappy movie. 10 BUCKS! Maybe there wouldn't be so much downloading if tickets were still reasonable. $10!

      You didn't actually take the time to watch all those and more, did you?

      One thing piracy can't do is give you back the time you spent watching their crap, and downloading just takes up more of your time. I'm really amazed by the people who are obsessed with filling 200-CD booklets full of downloaded Hollywood crap.* I doubt they've even watched a tenth of it; they're just downloading because they can. They don't seem to realize that even though they're getting a (crap) movie for free, it's not really for free, because they spent so much time downloading and burning the crap.

      Take a lesson, and be more picky about what you download/watch.

      * I know someone who is obsessed with downloading/ripping as much porn as possible, and I can kind of understand that. But that's different.
      --
      #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
    2. Re:Think about this...Bootleg quality SUCKS! by Mr2001 · · Score: 2, Informative

      Think about what happens when you download music, I'd say 40% of the time. You find that there's a click or a pop or an early cutoff in the song. Not 100% recording studio quality, or maybe even the encoding rate is less than 128k.

      Hey, 1998 called. They said it's time for you to move out.

      Really.. clicks and pops? No one uses analog ripping anymore, and jitter correction is a problem that was solved long ago. Bitrate less than 128 kbps? Haven't seen that for years. Even 128 is getting hard to find these days; most of what I see is 192.

      --
      Visual IRC: Fast. Powerful. Free.
  59. So many legit uses-Barrel Spoling. by Anonymous Coward · · Score: 0

    "Pretty interesting article, and it seems to show quite clearly that some people will stop at nothing to destroy large sections of the internet."

    As pointed out. P2P!=internet. And you haven't made the case yet that P2P is "large sections of the internet".

    "Uh-huh. Yes, the internet is resistant to people attempting to destroy it, that's part of the design. The worrying thing is how many people are completely open about wanting to do so."

    And it's amazing how open people are about violating copyright.

    "[John] Malcolm of the MPAA declined to say whether the trade group intends to sue Cohen" - I think that says it all really, that such options are even being considered. You may as well sue the founding fathers for allowing people to speak in public."

    Copyright violations aren't a free speech issue.

    1. Re:So many legit uses-Barrel Spoling. by legirons · · Score: 3, Insightful

      "And you haven't made the case yet that P2P is "large sections of the internet"."

      If you wanted to do so, you could cite the percentage of internet traffic which bittorrent uses, some figures were even in the article.

      Some people estimate 800,000 copies of bittorrent might be running at any one time. Download.com estimates that 1.5 million copies of the standard BitTorrent client have been downloaded from their site alone (more than firefox). I think the claim of "large sections of the internet being affected by someone trying to fuck-up BitTorrent" is justified.

      "Copyright violations aren't a free speech issue"

      Indeed. Wasn't suggesting they should be. But trying to shut-down whole systems of communication for fear that copyrighted stuff might be transmitted on them is a free-speech issue.

      My analogy was with speaking in public. You can read a copyrighted book in public. You can sing a copyrighted song. But restricting the ability to speak in public is not a valid solution to either of those problems. Similarly, restricting the ability to use BitTorrent is not a valud solution to the problem of people using it to share other peoples' video.

      Or to use a more specific example, I don't want MPAA-funded vandals interfering with my Debian and Mepis downloads, then claiming that what they're doing is legitimate.

    2. Re:So many legit uses-Barrel Spoling. by Yartrebo · · Score: 1

      [QUOTE]"Copyright violations aren't a free speech issue"[QUOTE]

      Yes they are. Anything that reduces my access to information or my ability to send out informatiom is a restriction on free speech. (not being able to yell 'fire' is a restriction on free speech, albiet one that is generally a good thing).

      Perhaps if there were compulsory licenses at reasonable cost for all works in all media the speech effect would be lessened since cost would be the only effect now. Reducing terms and having mandatory registration of the complete and duplicable work would also improve the speech balance tremendously, since is would minimise historical works being lost due to copyright and would ensure that there is plenty of public domain material around for making new works.

      Best of all would be eliminating copyright, but that would require a new (but fairly modest in size - $50B/year perhaps) source of funding.

  60. The Stuff You Can't Get by josefek · · Score: 5, Interesting

    I receive tons of hits from various groups sniffing about while I'm d/ling via BitTorrent (I run PeerGuardian) and I often wonder how culpable I am. While not all of my downloads are technically "legal," it's all stuff I'm pulling down because it's the only way I can get it.
    My most recent downloads, for instance, have been copies of Sifl & Olly (which hasn't been released on DVD) episodes of the BBC's Spaced (which, while released on DVD, is only available in the UK on region 2 media, and I'm in the states), and the Drive-By Truckers Pizza Deliverance, which is woefully out of print. In the case of the Truckers, I already own a copy of the record, but it's beat to shit. Supposedly they'll be re-releasing it sometime in 2005, and I'll undoubtedly be buying myself a new copy. In the meantime, however, I'd like to be able to listen to it.
    I'm one of those folks who would happily purchase the stuff I pull via BitTorrent... if I could. It irritates the shit out of me to be snooped online, and to read article after article about the RIAA and MPAA pissing and moaning over downloading, when they don't really seem to be paying attention to what is being downloaded.
    Sure, there's a shit-ton of folks dealing in warez and publicly available media, but there are also tons of sites dealing specifically with stuff people seek that can't currently be purchased legitimately (I don't understand downloading a crappy boot of a movie destined for DVD release, or downloading a movie that can be purchased for a few bucks online or rented. Frankly, it's a waste of my bandwidth). You'd think they'd look at the popularity of, say, Sifl & Olly torrents and say "Well shit, there's a market. Maybe we should release a DVD of that stuff."
    And hey; how about not pricing it outlandishly (a la Carnivale or Six Feet Under)? Nothing makes me consider downloading more than knowing that, by purchasing it, I'm voluntarily allowing myself to get screwed.

    --
    rev.jsfk
    1. Re:The Stuff You Can't Get by WillerZ · · Score: 1

      True.

      I'm currently enjoying the daily show, which I acquire using bittorrent. Since I'm in the UK, I would never otherwise see it. I wouldn't buy DVDs even if they were available because by the time they came out the jokes would all be old.

      Phil

      --
      I guess today is a passable day to die.
    2. Re:The Stuff You Can't Get by dbIII · · Score: 1
      Well shit, there's a market. Maybe we should release a DVD of that stuff.
      I think that's already happening with anime fansubs - a series that has 4000 seeds the day an episode comes out seems to get noticed, licenced, and released on DVD is a lot of countries.
    3. Re:The Stuff You Can't Get by Tetsugaku-San · · Score: 1

      slight picking here, but firstly Spaced was made for channel 4, not the BBC I believe the BBC are normally quite good about releasing things.
      Secondly, I don't know about the US, but it's not actually possible to buy a DVD player that is not multi region in the UK anymore, surely they are available in the US?
      (fan post, I own both Spaced DVDs)

  61. Re:I don't think BitTorrent will be much of a prob by maskedbishounen · · Score: 2, Interesting
    Been there, done that. And I still miss my indexer.

    Let's make a little example:
    • An author uses someone's licensed content, say a picture, in their book.
    • The publisher prints the book, and a bunch of copies end up at your local library.
    • Your library freely loans the book with infringing content to all to see.


    Now, in torrent terms:
    • The author is the creator of the torrent. They are, originally, at fault for the incident.
    • The publisher is the tracker. Their only job is to distribute content, not check for validity.
    • Finally, the library, is the tracker; they freely make content available to the general public.


    BigCorporation1267 comes along and sees the library has InfringingBook612. What do they do?

    Instead of going to the source (author), or having the distribution of the book pulled (publisher), they go to the library (tracker). "You're aiding in the distribution of infringing materials! Stop or we'll sue!"

    The library itself has neither the funds nor manpower to take this to court; if anything, they would likely win a case. Yet, they have to roll over to the big guys.

    It's a great plot, at that. Make the library the scapegoat when the book publisher is truly at fault for distributing infringing materials. Of course, the blame should really go to the author, but it's quite hard on the internet. So, take down the library, annoy a bunch of people, and the corporations win. In their own minds, of course; they're not stopping the content, so they can still play victim later. Marketing brilliance, really.
    --
    "An infinite number of monkeys typing into GNU emacs would never make a good program."
  62. TV by nns6561 · · Score: 4, Interesting

    Why haven't TV stations decided to offer up torrents of recent shows? By including ads, they should be able to achieve similar levels of profit as broadcast TV. The bandwidth should not be a stumbling block if torrents are used. It might even increase revenues by exposing their product to a larger market.

    1. Re:TV by The_Spud · · Score: 2, Informative

      The bbc was considering doing something like this but they ran into problems with the amount of money they would need to pay the actors. I think equity kicked up a fuss about 'residual' payments.

    2. Re:TV by saskboy · · Score: 1

      That's an interesting point about the actors getting paid. I'd think getting a wider audience and selling DVDs to areas where the show isn't broadcast would help considerably to make the show last longer and thus employ the actors longer.

      --
      Saskboy's blog is good. 9 out of 10 dentists agree.
    3. Re:TV by Eil · · Score: 1


      No, no, that'll never do. You're talking about giving the user some control over when and how they watch TV. Lunacy!

  63. Not! by Mistlefoot · · Score: 3, Interesting

    And the Movie studio states clearly that they only uploaded '30 seconds' worth of the information before disconnecting from the torrent.

    It is incredibly common for studios to offer samples of their work without compromising their rights to to it.

    1. Re:Not! by gladbach · · Score: 0

      by that logic, as long as I don't upload the same ratio that I've downloaded, IE not 100% then its ok....

      --
      "Computer games don't affect kids; I mean if Pac-Man affected us as kids, we'd all be running around in darkened rooms,
    2. Re:Not! by Porn+Whitelist · · Score: 1
      By the same token, if they've only downloaded 30 seconds worth, it's hard to prove you're sharing their work.

      After all, maybe you only got 30 seconds worth before YOU disconected/were bumped from the torrent, and the 30 seconds of material came from them.

      There's a big difference between a suspicion and proof.

    3. Re:Not! by Minna+Kirai · · Score: 2, Informative

      There's a big difference between a suspicion and proof.

      True. Serious suspicion is what makes the police smash down your door to take your computer, and on it's hard drive they find the proof.

      There are so few other explanations of what you could've been doing connected to that bittorrent that they've easily got justification for a search warrant.

      Additionally, that 30 seconds of material isn't fair use anyway- the quantity is sufficiently small to be fair, but the manner in which you use it is not.

    4. Re:Not! by Porn+Whitelist · · Score: 1
      Good point, except:
      1. The 30 seconds can't be used. Without the rest of the file, or at least a substantial portion of it, it's just random bits, so there is no "manner in which you use it" Can't be played, viewed, etc. :-)
      2. The police would not be smashing down your door. No matter what the **AA says, copyright infringement is copyright infringement, a civil matter, not theft , which is criminal... There's not even a "conspiracy", as there is no "meeting of the minds" necessary to conspire.
      3. ??? - Profit (I'm not going to be the one to break /. tradition :-)
    5. Re:Not! by Anonymous Coward · · Score: 0

      The 30 seconds can't be used.

      Wrong. There is at least one thing you can use it for: it can be combined with other partial bits of the file to produce a full, viewable copy. It's because this is the dominant possible use that the 30 seconds cannot be called "fair use", even though it's so short.

      copyright infringement is copyright infringement, a civil matter, not theft , which is criminal...

      Wrong. Although copyright violations aren't theft, they are criminal too. The police could arrest you for it, if they wished. They rarely do, so far...

    6. Re:Not! by Porn+Whitelist · · Score: 1
      The 30 seconds of download results in less than a second of video, even on a cable modem - unuseable. It also cannot be combined with other bits without the help of a tracker. If they're supplying the tracker, they're the ones distributing their copyright material. There is no legislation in place that would allow them to do this, then cry foul.

      The police do not have the discretion to enforce civil matters. No matter how much the **AA screams and moans, copyright violations where the product is not resold are not criminal in many jurisdictions (like 95% of the population of the planet who do not live within the purview of the DMCA, PATRIOT, etc.).

    7. Re:Not! by Minna+Kirai · · Score: 1

      The 30 seconds of download results in less than a second of video, even on a cable modem - unuseable.

      Wrong. Cable modem are able to download at 400Kb/s or even higher, which means you're downloading faster than it can be played.

      It also cannot be combined with other bits without the help of a tracker.

      And since a tracker is available, then the bits do have a use.

      If they're supplying the tracker, they're the ones distributing their copyright material.

      They're not supplying it, they merely connect to it for a few seconds and log other IP addresses.

      No matter how much the **AA screams and moans, copyright violations where the product is not resold are not criminal in many jurisdictions (like 95% of the population of the planet who do not live within the purview of the DMCA, PATRIOT, etc.).

      Wrong. Copyright infringement was already criminally prosecutable. Read USC 17 506 (which is NOT the DMCA) to learn something.

    8. Re:Not! by toxickiwi · · Score: 1

      But if they upload '30 seconds' of a movie, that is bullshit, how do you upload 30 seconds of part of a rar or avi file, you can't do that and claim it would be movie, it would just be crap on your HDD that couldn't be viewed by anything.

    9. Re:Not! by Porn+Whitelist · · Score: 1
      Mine downloads at 650Kbytes/sec. However, the torrent will NEVER supply that.

      If you're connected for only a few seconds, you'll get almost nothing, as it takes time for the others to see you and start feeding you data. 30 seconds won't get you anything useable on most torrents - certainly not anything you can watch.

      As for the rest, most of the world doesn't live in the USA, and we're not covered by USC 17 or any other US law.

      Where I live, downloading music has been ruled by the courts to be legal. We pay a levee on blank CDs, which is given to the music industry in compensation.

      So try to prosecute me for downloading music.

    10. Re:Not! by Minna+Kirai · · Score: 1

      However, the torrent will NEVER supply that.

      False. I've seen torrents give 570 in a few seconds after start. It all depends on the nature of the seeders.

      Where I live, downloading music has been ruled by the courts to be legal.

      You're switching media... why did you talk about video earlier ("certainly nothing to watch") and then change to music? In Canada, you have some specific permission to copy music, but that's NOT what you were talking about.

    11. Re:Not! by Porn+Whitelist · · Score: 1
      I originally talked about video - you then switched to audio by saying you'd have something useful within 30 seconds (it is impossible to get useful video in 30 seconds of downloading - see below).

      Either that, or you're mistaking kbits and kbytes.

      With a popular seed, the startup time is longer, so they get nothing much. With an unpopular seed, they don't get bandwidth, so again, 30 seconds from start to finish gets them next to nothing. A seed for a DVD takes longer to start downloading anything significant as well, due to the much larger file size.

      The only exception is if you're in the same area as someone else who has what you want already, and even then, you're limited to his/her upload cap.

      So, to recap - video - you won't get enough to watch in your 30-second window between start and finish - half a second if you're lucky, and if you don't get the other stuff (greetz files, attribution files, etc).

      An audio torrent MAY get going quickly, but only because of the relatively small size compared to a DVD. But audio downloading is not an issue for most of the world.

  64. This PeerGuardian bs again? by Jugalator · · Score: 3, Interesting

    And with the likes of PeerGuardian, et. al., it only gets harder for the corporations to put the virtual, and legal, smackdown on file sharing.

    OK, can someone once and for all tell me how PG makes it more difficult for corporations to track down file sharers? All the have to do is use a public network, right? I just don't get it. Do some think they'll sit behind a special kind of RIAA network to scan people and have totally missed the news of PG mentioned everywhere?

    Have we got any data on blocked RIAA connections?

    People mentioning PG is always talking about the software like it efficiently blocks the organizations you've picked. :-S

    --
    Beware: In C++, your friends can see your privates!
    1. Re:This PeerGuardian bs again? by Anonymous Coward · · Score: 0

      I just don't get it. Do some think they'll sit behind a special kind of RIAA network to scan people and have totally missed the news of PG mentioned everywhere?

      the funny part is, they really do appear to sit behind special RIAA networks to do their scanning. it's quite hilarious.

    2. Re:This PeerGuardian bs again? by Deliveranc3 · · Score: 1

      Um the lawsuit problem is actually not the biggest one, I mean sure they could sue everyone but that just doesn't work.

      If you've been on Kazaa recently you will have noticed that many files have versions offered that don't work, these broken files often have tonnes and tonnes of bandwidth (which actually makes them stand out) but basically someone is sending you broken versions of the most popular files, and broken in a way which isn't always obvious, now bittorrent is particularly vulnerable to something like this.

      Now these file sharing farms ARE hard to move, these people aren't like spammers or ddosers who have huge networks of zombies, they have to buy and run these things, now peer guardian will probably have additional features like mp3 checking to make sure the specific way the RIAA breaks files won't work anymore, additional md5 checks so the riaa can't send broken peices in every bittorrent you download, and some form of ip checking to determine which computers are spamming bad data... clarified?

      Eliminating bad peers on p2p, whether virus bastards, broken file bastards, mislabeled file bastards, or leeching bastards has always been the dream and more power to them.

    3. Re:This PeerGuardian bs again? by TheRealJFM · · Score: 2, Interesting

      see my other post (click my username and look for the first post I made in this thread) for info on how PG works.

      as for the effectiveness of PG:

      http://www.dmeurope.com/default.asp?from=f&Artic le ID=2016

      "Indeed, Akshay Patil, a student at MIT, whose paper, Identifying Sources of Spoof Files and Limiting Their Impact in the FastTrack Network, discusses the phenomenon, notes that spoofing has become a considerable problem for the FastTrack network - the network used by Kazaa - with downloaders of popular songs finding a spoof rate of 50 per cent of tracks." ....

      "As the spoof files come from a fairly small set of IP addresses (the record companies or anti-piracy firms, obviously), a filter that blocks files from these addresses produces, according to Patil, a *75 per cent reduction* in spoof files. PeerGuardian is a small firewall application available for download that blocks and logs connections to these addresses. The block list is maintained by users and updated daily."

      a link to the MIT paper:

      http://web.mit.edu/patil/Public/805project/

      Lets make this clear:

      1) Spoof files are used to catch sharers on kazaa, and to generally annoy people.
      2) In tests an MIT student found that he was getting 50% fake files on some hits, all from a small number of IP addresses.
      3) By using PeerGuardian with these addresses (long since added to the db, this project is out of date) he was able to get a 75% reduction.

      Sound ok?
      We never said it was 100% but 75%+ (we've improved a lot since 2003) reduction is pretty good, no?

      If anyone has any problems please come on IRC and myself of someone else will be glad to talk to you!

      irc.methlabs.org (port 6667)
      #methlabs

      (or click the irc link from methlabs.org)

      Thanks :)

      Joseph Farthing
      Administrator & News Editor
      Methlabs.org

      --
      Joseph Farthing
      http://josephfarthing.com
    4. Re:This PeerGuardian bs again? by evilviper · · Score: 1
      OK, can someone once and for all tell me how PG makes it more difficult for corporations to track down file sharers?

      Sure. It blocks connections to/from IP addresses of known RIAA/MPAA members, companies that are employed by them, and uses the IP addresses found in court papers to determine what networks the RIAA has used to prosecute accused file-sharers previously.

      All the have to do is use a public network, right?

      How do you expect them to do that? They aren't going to be doing all this over various dial-up connections. They need a large, fast network to look for potentially infringing files.


      Personally, I have a couple concerns about PeerGuardian's blocklist.
      First of all, it should be a whitelist, not a blacklist, blocking all networks to start, and then whitelisting those networks that are not for commercial use, those that are leased to businesses not friendly to the RIAA/MPAA, etc. In any case, as it is, it's better than nothing.

      The other problem I have with PG, is that they advocate allowing port 80 connections, to prevent web access being blocked. The problem with this, is that the RIAA/MPAA could set-up their P2P programs to have port 80 open, and to send others a push request.

      Besides the vulnerablity, leaving only port 80 open means you have to make a rule to pass traffic to every host PG blocks that you want to connect to via SSH, FTP, SMTP, etc. The ideal solution would be for P2P programs refuse to connect to ports less than 1024, and having peerguardian blacklist only block ports above 1023. That would allow for legitimate services, while preventing P2P connections from possible RIAA/MPAA sources.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  65. But.. Question .. by RedLaggedTeut · · Score: 1

    But the seed will surely play a prominent role in the .torrent tracker? Like being the first entry and being there all the time? So doesn't the .torrent always point to the one who put the seed online, that is you?

    In fact, while I see that the .torrent is theoretically separate from the seed, im practice it isn't, since you requested the .torrent to go online..

    --
    I'm still trying to figure out what people mean by 'social skills' here.
    1. Re:But.. Question .. by lessthanjakejohn · · Score: 2, Informative

      No it doesn't always point to you.

      After someone else downloads and seeds you can leave and the other person can start seeding...

      THere is tracker software that is being run on the servers though. It announces who is seeding and who the peers are. When you build a .torrent file you add a site with an announce.php to it.

    2. Re:But.. Question .. by and+by · · Score: 1

      Um, no. The torrent doesn't point to anyone other than a tracker. The tracker is the one who "keeps track" of who're seeders and who are leechers. Once there's another seeder (when someone else completes), the tracker will point to them as a seeder too.

    3. Re:But.. Question .. by and+by · · Score: 1

      Oh. And the seeder can leave the sharing. The leechers will share among themselves until they can do so no more. If another person becomes a seeder, then the original can leave forever. This shows a practical separation between the .torrent file and the seeder (as well as one between the seeder and the tracker)

  66. http://digitalpanic.org :-0 :-) ;-P by puzzled · · Score: 2, Insightful


    I love bittorrent - I have about forty full length jam band shows that I've obtained over the last couple of months from www.digitalpanic.org.

    I have an office cable modem, a home cable modem, a girlfriend's house cable modem, a mom's house cable modem, and most of them have BSD boxes for firewalls. I'm working on a method to automate the three home boxes participating in torrents I seed so when I start distributing shows I'll come with a megabit of bandwidth. Once the process is 'cooked' I have a couple of customers that probably won't mind some torrent activity on their network, so long as I keep it between 9:00 PM and 6:00 AM.

    If you worry about the RIAA the solution is simple; get interested in bands that *promote* your right to copy their live work - Widespread Panic, Grateful Dead, Phish, Moe, Jerry Joseph & Jackmormons, String Cheese Incident, Government Mule, Drive By Truckers, Southern Bitch, Star Tangled Angel Revival, and a hundred other, less famous acts I've haven't listened to yet. There *is* something there for everyone :-)

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    1. Re:http://digitalpanic.org :-0 :-) ;-P by plove42 · · Score: 1

      Panic fans on slashdot?!? good to see i'm not the only one who had to buy new hard drives to hold all those shows. Spring tour ain't comin fast enough. And archive.org also has thousands of free shows in their audio section.

      --
      Hard work is damn near as overrated as monogamy -Huey Long
    2. Re:http://digitalpanic.org :-0 :-) ;-P by puzzled · · Score: 1



      I've seen Widespread Panic three times in the last three years. I've seen Phish maybe six times, the Grateful Dead twice, and a bunch of other stuff in college. I am too old for the tour scene but I do try to get out to one real show every year.

      I've just counted - 36 shows, one more on the way tonight. I don't think I've listened to them all, however ... I need to keep notes since I'm not familiar enough yet to pick out what year I'm hearing.

      --
      I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    3. Re:http://digitalpanic.org :-0 :-) ;-P by complete+loony · · Score: 1

      Use an RSS feed to tell the other participating peers which torrents to download and seed. Then you only need to set up one seed manually. Also if the RSS feed is publicly accessable, your devoted fans can also help to spread the load.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
  67. Lol doofus by SmallFurryCreature · · Score: 2, Insightful
    That is exactly the problem, the tracker is blameless. The tracker is google. That is the whole legal problem. All the tracker does is give you some adresses where a certain filename might be. Prostitution is illegal in some places but giving people directions to the red light district is not. Well not in free countries anyway, the US might be another matter.

    So basically your entire argument is wrong. Only the actual filesharers can be held to blame in bittorrent not the central tracker.

    --

    MMO Quests are like orgasms:

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

    1. Re:Lol doofus by trompete · · Score: 1

      I guess we need to go after Google then. :)

    2. Re:Lol doofus by tesmako · · Score: 1
      A tracker for a copyrighted file has only one purpose in existance, to facilitate the illegal copying of copyrighted content. There is no other use in any way, the intent is clear. Also, the hosts providing the file are not there for their own reasons, they are their solely for the purpose of getting downloads directed to them from the tracker. The tracker not only has the illegal download as its only purpose, all the downloading in that swarm of hosts is also directly dependant on the tracker. The fact that the tracekr does not have the file is just an uninteresting technicality.

      Google just indexes all information it comes across on a public network, it has a clear common carrier status (though the caching might also have issues when the content cached is removed). Even when it directs to an illegal download the download does not really rely on google, google is just an arbitrary unrelated agent.

      The Google analogy is completely misdirected.

    3. Re:Lol doofus by Anonymous Coward · · Score: 0

      "the us might be another matter"

      shut the fuck up you wish you lived in this great country

      viva la bush!

      "ooh the patriot act is scary"

      have you read the damn thing? Bitchass.

  68. Difference is.... by Anonymous Coward · · Score: 0

    Difference is Kazaa, Shareaza, etc, have intrinsic search functions and you can easily and quickly find nearly all instances of files you are looking for.

    With Bittorrent, there are thousands of private tracker sites and you can't get into many of them without an account and logging in. Some, like Supernova are open. Even then however, someone has to create the torrent file and either 1) publicize it on the forums, or 2) enter it in the browsable/searchable torrent list for the site. You still have to go to each site, and search each one at a time. (Which brings me to a new feature I'm working on.. RSS feeds for new torrents, but I digress)

    Example: Consider one of the companies hired by MPAA to find their movies for download on the Internet. To search Shareaza, ed2K, or Kazaa for Chronicles of Riddick takes about 5 minutes. To search each Torrent site like Supernova would take days, and even then, there would be thousands of torrent sites 1) you don't know about or 2) can't get into. It is similar to the old days of protected FTP sites hosting warez... except if you knew the site was hosting warez, you could find it because people would post links to it and then you could C&D the site and get it shut down, even if you couldn't log in yourself. Since torrent files and trackers have no infringing content on them, you can't shut them down. You *have* to have actual access to the tracker and a copy of the torrent. Even if you have a copy of the torrent file, many torrents use keyed torrent files and will reject you if you are not on an authenticated IP for that member.

    Plus torrents usually only last a few days. So they have to check every site, every day whereas with other P2P apps that share every file in the download directory, many people don't remove the files from their downloads so they stay available.

    Even if you DO get into membership torrent sites, you will soon get booted because you are not uploading and sharing.

    Using a hacked BT client that downloads but not uploads, is almost immediately detected by trackers and other clients, and in many cases, the tracker and the clients will automatically snub you so you are tossed.

    Finally, torrents are often FAST. I've gotten some very high-quality XVid encoded stuff at near DVD quality downloaded at faster than realtime (400kBps) in a well populated torrent swarm.

    Like the story says... BT is creating headaches for **AA well beyond other P2P stuff.

  69. That reminds me of something by Anonymous Coward · · Score: 0

    "Copyright violations aren't a free speech issue."

    Its like when Howard Stern says "penis" and "vagina", he gets fined, and then FCC says its not a free speech issue.

    Do you realize how lacking in logic your argument is? The supreme counrt has already said that flag burning is a free speech issue. They were right.

    So what you're trying to do is redefine terms so you're right, because if you take the commonly accepted, logical view of things, then *of course* copyright are a free speech issue.

    Let me put it another way:

    Johnny: I know where to get free software. There's a guy giving it away in the truck in the parking lot

    You: You're a thief!

    Johnny: No, I'm not. I'm just telling you where you can get free software.

    You: Well, telling everybody is a crime.

    Johnny: No it isn't, its free speech

    You: This has NOTHING TO DO WITH FREE SPEECH!

    Rest Of World: ?????????

  70. About naive, short-sighted, idiotic people by Anonymous+Brave+Guy · · Score: 1

    No, not the MPAA, the illegal file-swappers.

    Morons like these are the reason I can't play the music CD I just bought (legitimately, from a local shop) in my car CD player. It's not a real CD any more, it just looks like one, because it's full of copy-protection stuff to block the morons spreading it all over the net without paying for it.

    A lot of the kids around here think they're very clever: "We'll just develop mass-market, instant, anonymous file-sharing tech and then they'll never catch us!" they cry. Newsflash, kids: if they can't beat your system for breaking the law with their current methodology, they will simply push for still more draconian legislation. It will probably start with making it illegal to run private networks capable of high-speed file-sharing without oversight (see the recent Internet 2 threads). That will quickly be followed by making any sort of anonymous data transfer illegal. (Or those two might be the other way around; it doesn't really matter.) Then there will be a legal requirement to use only "approved" hardware to play any sort of media, followed by a ban on any legacy devices that can circumvent the protections. When measures like these come in, those who are using things like torrents (or video recorders, or CD burners, etc. etc.) for genuine reasons will be the first ones to lose out.

    Copyright law is there for a reason, and however much some /. readers might like to wish otherwise, you are not allowed to copy music, films, etc. for free rather than paying for them like everyone else. If you do so, you will get slapped down, and the more arrogant you become the harder you will get slapped in the end. Now please grow up, and stop dragging the rest of us who are trying to do legal things on the Internet down with you.

    That is all. YHBT. HAND.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:About naive, short-sighted, idiotic people by Anonymous Coward · · Score: 0

      Let the **AA try that, they won't sell a single piece of shit. They will go out of business. With technology getting more and more advanced they simply wont be able to control what people are doing. Them seel be some locked-down netwrok card that can only access bullshit, I get new firmware for it... They will always lose out

    2. Re:About naive, short-sighted, idiotic people by antiMStroll · · Score: 2, Insightful
      An interesting perspective: it's the general population's fault the legal system is being distorted to support an outdated business model, and if they keep it up corporations will send more armies of lawyers and lobbyists to attack the very core of a nation's right to exchange information, effectively legislating federal regulation of all information transactions. So stop it because you want to play CDs in your car? And use the internet the way corporations tell you to use it? That low, omnipresent thrumming you hear is the millions who died for your nation's freedoms roto-tilling their graves.

      "Copyright law is there for a reason..."

      That reason is solely corporate lobbying. There was no public interest in or demand for changes like a 70 year extension.

    3. Re:About naive, short-sighted, idiotic people by Anonymous Coward · · Score: 0

      There is a man standing with his back turned to a large group of people in a relatively large room. The man is blocking their view out through the room's only window.

      One person, Bob, walks up to him and taps him on his shoulder trying to bring attention to the situation. The man turns around, uzi in hand, and mows down everyone in the room with a barrage of bullets.

      Bob killed them? Right...

    4. Re:About naive, short-sighted, idiotic people by mankey+wanker · · Score: 1

      I generally agree, but let's be fair and accept the fact that copyright exists so that "creators" can reap the exclusive benefit of having created something for at least a short period of time. In the main, I don't have a problem with that.

      The real problem is where something shared P2P supposedly hampers the sales of such a created product. I think there is much evidence to suggest that P2P sharing doesn't damage sales the way it is pretended. It's just that people will buy only what truly interests them - at $15 USD a pop for the average DVD or CD one must limit one's purchases to the essentials.

      In my time I have downloaded one of the LOTR movies and many episodes of Invader Zim. Would it surprise anyone here to learn that I have purchased all of the extended LOTR DVDs and all 3 of the Invader Zim DVD releases? I bet not. Having numerous Invader Zim AVIs clogging my hard drives did not in any way assuage my desire to purchase the DVDs practically the moment they came out. Quite the opposite. I am like that idiot child that keeps watching the same movie again and again - I could watch "Dark Harvest" a thousand times and still want to see it again! Why? Because I have head pigeons, okay?

      When I was younger we used to share music via cassette tape and movies via videotape. Sometimes a radio program would play both sides of a new album with commercials in between - I would sometimes tape those and listen to them until the tape was unusable. If the album was good I'd eventually buy a copy. That's how it worked: I would get to preview the material and then decide if I wanted to buy it. And the sky did not fall.

      Now I am sure the RIAA and the MPAA would love to pass legislation requiring us to buy Brittany's latest drivel, but I think it will never come to that. Sadly, we have to *WANT* to buy it. And once someone has heard Brittany's latest drivel - well, who would wish to buy it? Did they really think I was going to drop $15 USD for a CD on the weight of one tepid song or something? What a laugh!

      I know it's been said before but if the MPAA and the RIAA had any smarts at all they'd simply release "nearly" good copies of movies and music albums as they come out. Want the pristine version instead? It's $15 USD a pop at the local store...

      Sure, a lot of people will be satisfied with the crap quality version and never buy the full retail version. Here's the big secret: they never had that sale to begin with, that person never intended to buy the full retail version. Not ever. Boo fucking hoo.

    5. Re:About naive, short-sighted, idiotic people by Anonymous+Brave+Guy · · Score: 1
      So stop it because you want to play CDs in your car? And use the internet the way corporations tell you to use it? That low, omnipresent thrumming you hear is the millions who died for your nation's freedoms roto-tilling their graves.

      I don't want to use the Internet only the way the corporations demand. I want to use it any way the law allows. It is the file-swappers who are threatening to turn one reality into the other, and that is exactly my problem with a lot of the comments in the discussion of this story.

      "Copyright law is there for a reason..."
      That reason is solely corporate lobbying. There was no public interest in or demand for changes like a 70 year extension.

      If the movies being ripped today were 65-year-old films that had long-since recovered their costs, you'd have a case with that... but they're not.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    6. Re:About naive, short-sighted, idiotic people by Anonymous+Brave+Guy · · Score: 1
      The real problem is where something shared P2P supposedly hampers the sales of such a created product. I think there is much evidence to suggest that P2P sharing doesn't damage sales the way it is pretended.

      The thing is, a lot of people think that, but none of them ever cite it. Can you show us some genuine, statistically sound evidence that P2P is not harming record industry sales figures?

      In my time I have downloaded one of the LOTR movies and many episodes of Invader Zim. Would it surprise anyone here to learn that I have purchased all of the extended LOTR DVDs and all 3 of the Invader Zim DVD releases? I bet not. Having numerous Invader Zim AVIs clogging my hard drives did not in any way assuage my desire to purchase the DVDs practically the moment they came out. Quite the opposite.

      That is commendable, and if I were a media company exec I'd be looking at how I could help people like you.

      I know a few people like you who genuinely do just preview material and then buy it anyway. The problem with generalising this is that for everyone like you I know, I know of half a dozen people who just rip everything, and haven't paid for a CD or DVD in years, though they used to be frequent buyers. They know damn well that they're breaking the law, but they don't care because they don't expect to get caught.

      Now I am sure the RIAA and the MPAA would love to pass legislation requiring us to buy Brittany's latest drivel, but I think it will never come to that. Sadly, we have to *WANT* to buy it. And once someone has heard Brittany's latest drivel - well, who would wish to buy it? Did they really think I was going to drop $15 USD for a CD on the weight of one tepid song or something? What a laugh!

      That's an entirely fair argument. On the other hand, if you're going to accept that people can preview stuff effectively for free now, and not risk 15 dollars on something they might not like, then you also have to accept that the price of the good stuff is going to rise significantly to maintain the industry bodies' incomes. Personally, I'd rather they did that, and I'd accept the higher price in exchange for albums where half the tracks that weren't released as singles suck. But I'd expect to pay 20 dollars (or the UK equivalent, in my case) for those CDs instead of what I pay now. It would be nice to think that the governments would then investigate the media corps for price-fixing and force them to set more realistic price levels for their products, too, but that's a different discussion.

      Final thought: There was a discussion here the other day about Babylon 5, in which someone said they'd never seen the entire series. Someone replied with the address of a torrent. They were immediately modded into oblivion, with several replies asking the OP to buy the DVDs instead. Why? Because the fans know that (a) the show was nearly cancelled, (b) the guy behind it has never gone for milking the merchandise, (c) it didn't make a huge profit, but (d) it was one of the best s.f. shows in recent history, and they want to support it. That show was an excellent example of what could happen to good TV/movies/etc. when the budget is tight. Not everything that gets ripped on-line is a million-dollar-profit-clone.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    7. Re:About naive, short-sighted, idiotic people by cheekyboy · · Score: 2, Interesting

      The fight will happen forever until either side dies or admits defeat, and people doing it for love and freedom will do it forever, people doing it for a weekly pay check will do it only 5 days a week until they are sacked.

      Trust me, when the world gets to a massive Depression Mark II, (C) will be the least of concerns to both sides, FOOD will be #1.

      Now back to copying music, kids did it in the 80s, swapping mix tapes, did that hurt the industry? The industry doesnt deserve 500 billion status, they made the fake distribution model in such a way that it would maximize profits (like the mafia does), so they have no intention to switching to a zero cost model to give music to the people for 1/10th the price. Uber greed is uber greed, they had their 5 trillion $$$ worth of money for the last 50 years, time to give some back.

      Message to musos, make your money on concerts, not CDs, CDs are a free method to 'advertise' your concerts.

      --
      Liberty freedom are no1, not dicks in suits.
    8. Re:About naive, short-sighted, idiotic people by Saeger · · Score: 1
      They were immediately modded into oblivion, with several replies asking the OP to buy the DVDs instead. Why?

      That's simply an example of the copyright social contract being mutually respected, rather than futily enforced.

      --
      Power to the Peaceful
    9. Re:About naive, short-sighted, idiotic people by mankey+wanker · · Score: 1

      This isn't the only article I have seen BTW, but it is one I remember seeing before and that I could easily google up:

      ---------------------

      "UK music sees record album sales"

      Last Updated: Friday, 26 November, 2004, 09:58 GMT

      UK record companies are celebrating their best ever year for album sales, with a record 237 million sold in the 12 months to September.

      http://news.bbc.co.uk/1/hi/entertainment/music/4 04 4303.stm

      ---------------------

      I think what we had with P2P was a "perfect storm" of people downloading the history of music coupled with only crap being available retail. So sure, sales plummeted. The machine was broken and will likely stay broken - at least in part. I don't know much about the new breed of music artists but I am guessing it's going to be "put up or shut up" with music buyers - the music artists must truly be great or not expect many retail sales.

      And isn't that as it should be?

      And BTW, I wanted to note that the ability to preview an album was always a readily available feature of the best music stores and new releases were often available on radio stations also. I must insist that the idea is not new or unique.

      Sharing one way or another exists in social settings that we tend to ignore; like when you go to a friends house and find yourself watching a rented DVD or something on a cable movie channel with them. If you're like me, your friends constantly loan you stuff that they think is cool or make you a copy of it. If you are near a big city, go check the holdings at the local library. In the Bay Area of CA I can assure you that many books, magazines, comic books, music, and a shockingly large number of DVDs are readily available for loan.

      And like I said, those that will not buy were never going to buy anyway. There's your Babylon 5 scenario. If the person downloading the torrents likes what s/he sees they may well buy retail disks; if not the industry never had that sale in the bag any way.

      In my business I'd love to be able to go cry to congress that I had a sale in the bag but it just never happened somehow and then have them enforce the sale through changes to the IP laws. How sweet would that be?

    10. Re:About naive, short-sighted, idiotic people by mankey+wanker · · Score: 1

      Addendum: I forgot to mention that the lack of legit venues for one track online sales didn't help the music industry during the "perfect storm" part of my argument. Movies are surely suffering a similar fate right now.

    11. Re:About naive, short-sighted, idiotic people by Anonymous Coward · · Score: 0

      "Can you show us some genuine, statistically sound evidence that P2P is not harming record industry sales figures?"

      Let it harm them, and all copyright holders. I hope it is quite clear that I do not care about copyright holders' right to profit by erecting artifical barriers to the free flow of information. What I do care about is the creation of new ideas that copyright was designed to promote, a job it is no longer doing well or perhaps even now hampering the total number of ideas we could have if copyright were changed instead.

      "then you also have to accept that the price of the good stuff is going to rise significantly to maintain the industry bodies' incomes"

      Um, this is incorrect. Supply and demand: with a monopoly on the supply of information the copyright holder can set the price. With information flowing freely, the supply is increased which *decreases* the price.

      The only question is will the total number of ideas and creations be reduced, or will we adopt a new system where people be freely available to create many more new ideas on existing works without having to ask permission. Another system is that commerical use of copyright is kept, but people can copy for personal use. (i.e. only the band can preform the works, anyone can download them).

    12. Re:About naive, short-sighted, idiotic people by Anonymous+Brave+Guy · · Score: 1
      Supply and demand: with a monopoly on the supply of information the copyright holder can set the price. With information flowing freely, the supply is increased which *decreases* the price.

      Ah, I see, standard anti-copyright argument number 7. I counter with standard pro-copyright argument number 1: in your world, who is going to produce all this extra supply, when there is nothing in it to pay the rent? Certainly I can't imagine anyone writing the software my colleagues and I write for a living just for fun, though it plays an essential part in many essential applications in the manufacturing business.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    13. Re:About naive, short-sighted, idiotic people by warrax_666 · · Score: 1
      Certainly I can't imagine anyone writing the software my colleagues and I write for a living just for fun, though it plays an essential part in many essential applications in the manufacturing business.

      Such software will still be needed -- manufacturing, and the custom applications market in general, will always need custom applications (or customization of existing applications). Thus, people to write/customize such software will still be needed. Thus, someone will still pay people to write such software. It's just that people won't be paying for the software itself, but rather for the programmer effort to write it.
      --
      HAND.
  71. The sollution by gulfan · · Score: 0

    You know, if Hollywood just gave us direct downloads to all the movies for free, we really wouldn't have this 'Bit Torrent' problem.

  72. Well harlan does suck by Anonymous Coward · · Score: 0

    He writes one good episode of star trek, and then guy things the shit comes from his ass are gold bricks.

    Please spare me any drivel about his "early good stuff". Re-read it. His stuff really does suck.

    1. Re:Well harlan does suck by ScrewMaster · · Score: 1

      Can't argue with you ... I've been a hardcore sci-fi reader since I read my first story back in 1965 but frankly Ellison's work never really appealed to me. I tried to like it, I really did.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Well harlan does suck by julesh · · Score: 1

      He writes one good episode of star trek, and then guy things the shit comes from his ass are gold bricks.

      Please spare me any drivel about his "early good stuff". Re-read it. His stuff really does suck.


      Fair point, although I'd argue that the episodes he wrote for the Outer Limits and Babylon 5 were pretty good, too. I don't think he's a brilliant writer, although he does seem to inspire a lot of people. But he does seem to have an "attitude problem" -- from what I've seen about him he is very prone to going of on long rants.

      But how this is relevant to the present discussion, which is whether there is any legal recourse against ISPs who run USENET servers on which copyright material is stored, is beyond me.

  73. Re:Sharing hollywood movies IS LEGAL under the fai by Anonymous Coward · · Score: 0

    Ya, there is too much money involed in today justice. Justice should not be about money.

    It's clear with the law that sharing movies is legal.

    1-Fair use permits the public to use copyrighted material without prior permission, as long as the material is not fully reproduced.

    It's clear that movies on the internet are not fully reproduced, they are low quality reproduction missing a lot of details.

    2-Fair use can even aid the copyright owner, by helping people to decide in purchasing a work.

    People can watch the movies on internet before deciding to see them in theaters or buying them so they don't get riped-off.

  74. The Releasing of the Genie by Paul+Slocum · · Score: 1

    was standardizing distribution of all the content in high quality digital format. ;o)

  75. MOD PARENT DOWN by WillerZ · · Score: 1

    -1, title is bollocks.

    You said:
    Fair use permits the public to use copyrighted material without prior permission, as long as the material is not fully reproduced.

    Our Survey said:
    We want to download the entire movie, or there's no point.

    --
    I guess today is a passable day to die.
    1. Re:MOD PARENT DOWN by Anonymous Coward · · Score: 0

      You can still try.

      I first said :

      Fair use permits the public to use copyrighted material without prior permission, as long as the material is not fully reproduced.

      You said :

      We want to download the entire movie, or there's no point.

      I say :

      That's not what people download.

      1-Image quality is not as good. Size is not the same as DVD(5-9 gigs), they are compressed movies.

      2-People prefer to download smaller version such as 650 megs/1.4 gigs.

      2-Sometimes, some part of the credits are cut.

      3-The exact time the movie starts and ends is not the same as on the real movie.

      4-Sound quality is not the same

      To resume it up, people download copyrighted movies that are not fully reproduced and that's perfectly legal.

  76. 30 Second Fair Use by Anonymous Coward · · Score: 0

    Doesn't fair use allow you to distributed 30 second samples of audio and video? What if the bittorrent files were chunked by 30 seconds or less?

    1. Re:30 Second Fair Use by Anonymous Coward · · Score: 0

      Where you got that 30 seconds thing ? You can legally reproduce a movie and share it as long as it's not fully reproduced.

    2. Re:30 Second Fair Use by gabeman-o · · Score: 1

      http://www.dpi.state.nc.us/copyright1.html

      Music
      -Up to 10% of a copyrighted musical composition, but no more than 30 seconds
      -Up to 10% of a body of sound recording, but no more than 30 seconds

      Motion Media
      -Up to 10% of a copyrighted work or 3 minutes, whichever is less
      -Clip cannot be altered in any way

    3. Re:30 Second Fair Use by Anonymous Coward · · Score: 0

      Heh. That is a load of crap, if that were the case, then everyone would be sharing movies that were missing one second or one minute of credits to magically get around from being charged with copyright infringement.

    4. Re:30 Second Fair Use by Anonymous Coward · · Score: 0

      So if you cut the individual bittorrent packages down to 3 minutes worth of movie, each on a different person's hard drive...???

  77. hee hee by mattyrobinson69 · · Score: 1

    ironic really, as bit torrent was not designed to be used for copyrighted works yet is harder to stop than those protocols designed for distrobution of copyrighted works.

  78. Re:they need to tour constantly, by zmollusc · · Score: 1
    For bands to make enough money to survive by touring,they need to tour constantly, and doing this can be very very draining. So no, I reject the idea that artists make their money off of tours.


    You can substitute 'Office Workers' , 'Garbage Collectors' or 'Coal Miners' for 'bands' because they too need to do their job continuously, often until retirement age. And they have fewer groupies and roadies.
    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
  79. What we need... by alexandre · · Score: 1

    What we really need is p2p philosophy and encryption/privacy at every layer...We need to redistribute the net like it was originally intended...

    we need mesh networks so the net (at least locally) belongs to the people and we need freedom/freenet like network all around for every damn protocol...

    Let's make the net into something that is free of any censorship so we can all globally think together without having our thought controlled by bigCorp. Inc...

    William Gibson said it best:

    "Cyberspace. A consensual hallucination experienced daily by billions of legitimate operators, in every nation, by children being taught mathematical concepts . . . A graphic representation of data abstracted from the banks of every computer in the human system. Unthinkable complexity. Lines of light ranged in the non space of the mind, clusters and constellations of data. Like city lights, receding...."

    Let's save that dream :-)

    1. Re:What we need... by Cid+Highwind · · Score: 1

      What we really need is p2p philosophy and encryption/privacy at every layer...We need to redistribute the net like it was originally intended...

      we need mesh networks so the net (at least locally) belongs to the people and we need freedom/freenet like network all around for every damn protocol...


      The problem is that Freenet and other totally encrypted/anonymous protocols is that they offend the geek nature of early adopters. People who might latch onto Freenet right now are the same people who use open-source software because they want to know exactly what their computer is doing all the time. Freenet (and similar systems) don't allow that.

      Your node handles encrypted requests and stores encrypted chunks of data that you, the node operator have no access to. The odds are that 99.99% of it is plain old copyright-infringing mp3s and movie rips, but there is a slim possibility that you are helping distribute kiddie porn, viruses, spam, terrorist plots, and all sorts of other undesireable content.

      --
      0 1 - just my two bits
  80. Nice link by SimianOverlord · · Score: 1

    Hi,

    Sweden is in the EU, in the second tier of countries who aren't as closely involved in the process as say Germany or France, but who are signatories to treaties involving EU jurisdiction over nation's laws. at least I think so, please correct me if I'm wrong.

    At the moment places like piratesbay in europe are protected, but will this be the case forever? Recent attempts to make europes copyright laws more in line with America's seem to have stalled (with Poland doing the good deed last time I heard about it), but I'm not confident this will be the case forever.

    In this case, will EU legislation take precedence over Swedish law, meaning these type of sites will face lawsuits in their own countries?

    I could be wrong, but it gets a little less certain.

    --
    Meine Schwester ist sehr, sehr reizvoll - Nietzsche
    1. Re:Nice link by Ganennon · · Score: 1

      The Swedish government jumps when the EU tells them to, so I doubt Sweden would be an exeption if the EU decides to legislate in favour of organizations like RIAA.

      Perhaps sites like thepiratebay will move to Norway, since they seem to be a lot less friendly towards the pirate hunters.

  81. Argh! by wurp · · Score: 1

    There is no such thing as intellectual property. There is copyright law, trademark law, and patent law. Ideas are not property. We have some laws that are supposed to encourage advancement of human knowledge or prevent product misrepresentation. These laws let people have a monopoly on distributing ideas, but they are not property laws.

    1. Re:Argh! by the+eric+conspiracy · · Score: 1

      There is no such thing as intellectual property.

      LOL.

      Ideas are not property.

      Ideas are not protected by copyright, trademark or patent laws. A trademark is an identifying signature. A patent protects an implementation of an idea. A copyright protects an expression of an idea.

      Copyrights do not prevent reexpressions and distribution of the the reexpression of an idea. Patents REQUIRE full disclosure of the idea in a form that is by law not copyrightable. Trademarks are useless unless the mark is widely recognized.

  82. PeerGuardian dont trust it by Anonymous Coward · · Score: 0

    Dont rely on peer guardian to keep you safe.

    I got a warning from my ISP after they got a nasty gram from the MPAA. I had been running peerguardian and bit torrent d/l off of suprnova.

  83. They cheated the system by Migraineman · · Score: 4, Insightful

    (with a US bias ...) The file sharing backlash is, IMHO, an example of civil disobedience in response to the **AA organizations cheating the system. Copyright and Patent structures are a *temporary* monopoly granted to the author (and enforced thorough the legal system) in exchange for incentive to expend resources and take risks for the creative process. When the Copyright/Patent period expires, the work is supposed to fall into the public domain for the benefit of society. So, exactly when do the authors make good on their end of the deal? The Sonny Bono Copyright Extension-to-Infinity Act distills down to "effectively, never."

    There are two paths to changing the law - pursue it through petition to representatives, or pursue it through civil disobedience. Since the congresscritters appear to be bought and paid for, disobedience seems to be the only reasonable choice that remains. The file sharing folks aren't making a buck doing so. In fact, it costs them time and resources (electricity, disk space, bandwidth, etc.) to participate in the activity. The pirates who sell the materials are a different matter ...

    1. Re:They cheated the system by Sneftel · · Score: 1

      Yeah, right. We're downloading bootlegged copies of Ocean's 12 because we hate not being able to draw Mickey Mouse cartoons. Fight the power!!!

      --
      The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
    2. Re:They cheated the system by Anonymous Coward · · Score: 0

      Actually, there is at least one more path to changing the law. Kill all the lawmakers and make it up yourself.

      It doesn't always work, but if you succeed (aka if you kill all the mofos) you are guaranteed the ability to make up your own laws.

  84. Re:Sharing hollywood movies IS LEGAL under the fai by Yartrebo · · Score: 1

    Communist country? Where?

    I don't see any 'to all according to need' spirit in either corporations or copyright. Fascist dictatorship would be a more accurate description.

    In a communist country the corporations would not exist and power would be in the state (whether or not you have freedom would depend on it being a democratic communist country or a dictatorial communist country).

  85. So many legit uses-Barrel Spoiling-II. by Anonymous Coward · · Score: 0

    "If you wanted to do so, you could cite the percentage of internet traffic which bittorrent uses, some figures were even in the article."

    It's all relative. A 100 of 1 % is more significent, than a 100 of a 1000%. Also all the rest of the internet functioned quite well before there was P2P, and will function the same in it's absence (maybe better). The only "large section" being affected is the portion that's engaging in copyright violations. While legitimate users have both technology, and the law on their side.

    "Indeed. Wasn't suggesting they should be. But trying to shut-down whole systems of communication for fear that copyrighted stuff might be transmitted on them is a free-speech issue."

    Free speech was present before there was P2P, and in it's absence will still be. Besides even free speech has it's limits. e.g. libel, yelling fire in a theater.

    "My analogy was with speaking in public. You can read a copyrighted book in public. You can sing a copyrighted song. But restricting the ability to speak in public is not a valid solution to either of those problems. Similarly, restricting the ability to use BitTorrent is not a valud solution to the problem of people using it to share other peoples' video.

    Or to use a more specific example, I don't want MPAA-funded vandals interfering with my Debian and Mepis downloads, then claiming that what they're doing is legitimate."

    Then as an affected user, your ire (and efforts) should be directed against those that have chosen to abuse your chosen method of distribution, rather than against those who are pursuing recourse against those who have neither respect for them, nor you.

    1. Re:So many legit uses-Barrel Spoiling-II. by legirons · · Score: 1

      "Then as an affected user, your ire (and efforts) should be directed against those that have chosen to abuse your chosen method of distribution, rather than against those who are pursuing recourse against those who have neither respect for them, nor you."

      How did you come to that conclusion?

      If there's someone who is copying another person's video without their permission, I have no quarrel with either of those people. Suggesting I should fight them because they use a particular tool that I also use is just silly.

      I do however, have a problem with someone who looks at that copyright infringer, decides the tool Must Be Banned, and goes vandalising the internet, harassing the creator of the tool, and generally making a big nuisance of themselves.

      They have a problem with somone copying their work? Fine. Sort it out. But don't go accusing every BitTorrent user in the world of being a criminal, don't expect any help in your crusade against networking protocols, and don't write newspaper articles starting from the assumption that every bittorrented file is an illegal copy of a movie, like the article just posted to slashdot.

  86. Tracker doesn't know that file A is illegal by 2nd+Post! · · Score: 1

    It works just as well at sharing RedHat ISOs, trailers, software demos, music, movies, or games.

    Just like a VCR doesn't know if a tape is bootleg or not.

    So to be perfectly clear, a tracker has one single purpose, to make a file A downloadable for users.

    The issue of legality is purely a matter for the downloaders and the initial seeder. It could be argued that hosters, people running the trackers, can be told to take down trackers for illegal content, but that's no different than telling eBay to take down auctions for illegal content. eBay itself is not illegal.

  87. WTF is PG anyway? by Anonymous Coward · · Score: 0

    I don't get it, how is this different from a firewall? Does PG somehow say "cheese it the cops!" and put your pc's hands behind its back while it whistle's innocently until the MPAA kill bot passes over? What gives?

  88. Wrong by Q2Serpent · · Score: 5, Insightful

    You aren't allowed to upload 1 second of the material, since you don't own the copyright!

    Is it that hard to understand? They can distribute as much of it as they want, because they OWN IT. You, however, do NOT.

    1. Re:Wrong by c0p0n · · Score: 1

      What if the "bad guys" tracking for bittorrenters got a provision from movie studios to upload? After all they own the cited copyright.

      --

      Your head a splode
    2. Re:Wrong by gronofer · · Score: 1

      The studio could hardly claim that you had made an illegal copy, i.e. a distribution, when they actually made the copy themselves, using your machine. This copy would be perfectly legal, as they have a right to make copies of their own material. Hence in this scenario no copyright violation is taking place.

      In any case, one second would surely be fair use?

    3. Re:Wrong by accelleron · · Score: 0

      do imdb own the copyrights to all the trailers they upload? Apple Trailers? Any of the other 500,000,000 sites that offer trailers online? Trailers are also copyrighted material, albeit the studios are not so anal about it.

      --
      Genius may have its limitations, but stupidity is not thus handicapped.
    4. Re:Wrong by St.+Arbirix · · Score: 1

      What happened to the 30 second rule? I'm pretty sure you can legally make 30 seconds of a copyrighted audio clip available without requiring a license.

      I often wondered about the legality of taking a 3 minute song, giving 30 seconds to 6 different people, and then linking to it all. Maybe the rule only applies to the *first* 30 seconds. Maybe it's only 15 seconds. Whatever, it's certainly more than 1 second.

      --
      Direct away from face when opening.
    5. Re:Wrong by dissy · · Score: 2, Informative

      > You aren't allowed to upload 1 second of the material,
      > since you don't own the copyright!

      > Is it that hard to understand? They can distribute as much of it as they want,
      > because they OWN IT. You, however, do NOT.

      Actually, you are allowed to quote/use up to either 30 seconds or 10% of the original work under fair use laws.

      While there is no way to assure this in bittorrent, it goes to show even the pro-IP like yourself also seem to find copyright hard to understand...

      An additional point to be made, if the copyright holders intent is for their copyrighted work to be distroyed or become lost, then their copyright claim is invalid, and a criminal act as far as private contracts go.

      Thusly, the copyright holder can not simply do 'anything they want' with it just because they hold the copyright.

    6. Re:Wrong by Anonymous Coward · · Score: 0

      There is no 30 second rule. That was dreamed up by a bunch of people who thought it would be cool to give out different 30 seconds of a song to a bunch of different people and let them put it together themselves.

    7. Re:Wrong by Jeremi · · Score: 1
      You aren't allowed to upload 1 second of the material, since you don't own the copyright


      Actually, the "fair use" provisions of copyright law do let you distribute short snippets of someone else's work, under certain circumstances.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    8. Re:Wrong by cpt+kangarooski · · Score: 1

      In the US there is no rule like that at all.

      There is fair use, but that only covers what's fair. Which can vary wildly all over the place. It depends on the circumstances. But there's nothing that says even one second of reproduction is fair all the time.

      As for your example below, that would never fly. No one is going to be stupid enough to fall for that.

      --
      -- 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.
    9. Re:Wrong by cpt+kangarooski · · Score: 1

      Actually, you are allowed to quote/use up to either 30 seconds or 10% of the original work under fair use laws.

      In the US, this is patently false.

      I tell you what: you quote the specific language in the law or caselaw that says that that's allowed. You won't find it of course, because it's not there.

      What is allowed are fair uses. What's fair depends on the circumstances. There is no bright line rule. At best there are some factors that can be examined that help a court determine if a use was a fair use or not, but that's it.

      An additional point to be made, if the copyright holders intent is for their copyrighted work to be distroyed or become lost, then their copyright claim is invalid, and a criminal act as far as private contracts go.

      Are you on drugs, or just fucking stupid? That's the biggest bunch of bullshit I've seen around here in a long while. It doesn't even make sense, let alone that it's wrong, wrong, wrong.

      --
      -- 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.
    10. Re:Wrong by Anonymous Coward · · Score: 0

      Oh so they give it away for free over Bittorrent but not at BLockbuster? Hmm...

    11. Re:Wrong by Anonymous Coward · · Score: 0

      because they OWN IT. You, however, do NOT.

      Ownership implies possession. People who use physical-property arguments in regards to IP are fools. QED.

    12. Re:Wrong by CMF+Risk · · Score: 1

      The beauty of BitTorrent - everyone is just sharing their little "snippet" of a file...they all just happen to be different snippets

      =)

  89. Take a breath and count to 10.... by dougjm · · Score: 1

    IMHO....

    At first the internet was a big nerdy club and you _could_ fileshare etc but it was _so_ complex to do that only the really nerdy did, and i'm talking about people who never went outside a 2m radius of their 286, and so were unlikly to go and buy media anyway.

    The problems only started coming along when your average user realised that they could fileshare really easily. Incredibly high prices for cds, dvds etc coupled with the fact that a good portion of the material available was (still is?) drivil only added fuel to the fire and people started to justify the downloading of music files - your average user still doesn't believe you can download a film, again IMHO!

    Now a general change in habits of the western world (i may be a bit ignorant!) made it seem like people were buying less music and, while i belive thats not true, there are still conflicting reports on that subject. Add the relatively massive increase in P2P and the _corporation_ panicked, tried to shut down the software, sued the end users, etc but didn't stop and think.

    Apple did. I'm not a huge fan of the apple computer but i respect what they do and full credit to them, they launched a service that people wanted - not wanted, were crying for, and how succesful has the ipod and itunes been? Now there are loads of ways of buying cheap music over the internet legaly. How long before we get imovies?

    Whats my point? Well, i don't believe that you can shut down a network or 2 or 6 and the problem will go away. In the_modern_world the users are evolving much faster than the _corporation_ are. We want to have our cake and eat it and up untill a few years ago that wasn't possible but the technology exists to enable all the cake hording and scoffing that you can have but theres nobody making the cakes at the moment. The solution is to adapt the supply chain to give people what they want, no-one will use BT or any P2P if they have a viable legal alternative, won't they?

    doug

    --
    Reinventing the wheel since 1979
    1. Re:Take a breath and count to 10.... by P2Powah! · · Score: 1

      "Now a general change in habits of the western world (i may be a bit ignorant!) made it seem like people were buying less music and, while i belive thats not true, there are still conflicting reports on that subject." Conflicting, ya... they seem to be selling more CDs than ever everytime I visit shops selling music.

    2. Re:Take a breath and count to 10.... by ScrewMaster · · Score: 1

      Yes, and the movie studios just posted their most profitable year ever. Conflicting, hell. They're making more money than ever (and, I might add, have a higher overall profit margin than the vast majority of businesses of all sizes) and they still keep crying foul.

      Times change. Technologies change. I do not expect my government to spend vast sums of my hard-earned tax dollars propping up an antique oligopoly. This should be an example of George Guilder's "Creative Destruction" ... the new displaces the old. The new, in this case, is the advent of the Internet, the old are companies and organizations that are unwilling or unable to deal with the change. Many others have successfully adapted to the Age of the Internet, and profited immensely from their vision. Now, to be fair, when the Supreme Court told the MPAA, a couple decades ago, that video cassette recorders were something they were just going to have to live with, they did and managed to earn top dollar selling pre-recorded movies. But that was only after the were forced to accept the change! Recent actions by the media cartels have proven, conclusively, that they haven't learned a single God damned thing from past experience. Well, other than that this time around they went to Congress and spent their money a little more wisely.

      But that isn't the point. Arguments over whether file-sharing is amoral, immoral, illegal, or justified civil disobediance is simply irrelevant. It doesn't matter. It didn't matter when the automobile displaced the horse-and-buggy a century ago and put thousands of blacksmiths and bugger makers out of business. Creative destruction. It didn't matter when the string synthesizer came along (musician's guilds fought that one tooth and nail.) Ultimately, the question here is whether or not existing interests should have the legal power to eliminate the potential threat of new technologies and processes. That was the question answered by the Supreme Court in the famed Betamax decision, and Congress should have listened.

      --
      The higher the technology, the sharper that two-edged sword.
    3. Re:Take a breath and count to 10.... by Anonymous Coward · · Score: 0

      AHA!!, now you are beginning to realize the problem. They *AA's could give a crap if people are sharing their content. They are making money hand over fist and they know it. There are two causes for their panic.

      1). The internet makes it possible for just about anyone to distribute their content themselves, thus eliminating the need for the *AA's distributions models.

      2). I dont know why anyone ever mentions this but their whole world is under legal scrutiny right now. There is serious doubt that they have the rights to what they say they have. It has even been touched upon by the DOJ. This is why they are really scared. They will do anything they can to try and cover-up the fact that the majority of "their" IP is legally stolen also.

      So the problem is not p2p (p2p is only the curtain over the real problem), but the fact that for the last 50 years they have bent the law to its breaking point and they should be paying the price right now.

  90. So many legit uses-Barrel Spoling-Hiding. by Anonymous Coward · · Score: 0

    "Yes they are. Anything that reduces my access to information or my ability to send out informatiom is a restriction on free speech. (not being able to yell 'fire' is a restriction on free speech, albiet one that is generally a good thing)."

    No it isn't. The information legally isn't yours to begin with. Complaining that you can't be the recipiant, or the transgressor, and hiding the issue behind "free speech" is intellectual dishonesty.

    1. Re:So many legit uses-Barrel Spoling-Hiding. by Anonymous Coward · · Score: 0

      The information legally isn't yours to begin with.

      Nobody has a right to control infomation, except that which hasn't been expressed in any way. Once that is done, nobody can posess it exclusively. So the law is invalid(as is any law that grants special priviledges to anyone over another), and should be ignored. Remember, everyone is supposed to have equal protection under the law. Copyright cannot provide that.

  91. Prove it by Anonymous Coward · · Score: 0

    The reason they're resisting all P2P is because they want to be able to sell their shows multiple times through different formats, and to sell as a cartel. They currently own most of the distribution channels, so losing this control is the end of raping consumers.

    You think you're clever showing them how they could be rich by adopting the internet, you're not. Unless you can guarantee their control of internet distribution, they're just going to laugh at your ideas.

    Let's put this in /.'s perspective, if Linux owns 90% of the market, would you want BSD and other Free software to gain market share? It's the same mentality in different situations.

    Move on from showing how they can be rich by changing their business practices, and focus on ending support for their cause by buying and consuming their contents. If the /. crowd really despise the *aa for their tactics, then begin proving it. The time for talk was over, when they started buying politicians.

  92. Use the P2P networks to your advantage. by rice_burners_suck · · Score: 1
    You know, file sharing programs, protocols, and services remind me somewhat of those gopher games that you find in arcades... you know, the one where you have this huge mallet; when a gopher's head pops up, you hit it on the head, and it sinks back into its hole; then, another gopher pops up, and so on.

    The media companies can fight P2P technologies all they want, but by the time they waste the costs to get one closed down, ten more will pop up, and they will be even more difficult to fight than the last.

    Instead, has anybody in the media industries considered leveraging the existing network of P2P technologies and users to the benefit of their respective (but not respectable) organizations? Hell, by all means, make the software shareware and put it on the P2P networks; put movies on there, except you get videotape quality movies; put songs on there, except you get audiotape quality songs. Want it all perfect? There will be links that come with the file you download, which will direct you to purchase a "full" copy at a greatly discounted price. See, when you purchase a CD in the store, there is a physical case, a physical CD, some expensive 6-color printed materials, etc. This costs money to produce. But what does a download cost a company? Almost zilch. They get to keep nearly all of the money.

    How do you prevent people from uploading the "full" versions to the P2P networks? Easy. Sign the files with steganography, with a unique signature for each user; A movie is hours long and has tons of frames; you'll never even notice fucked up pixels, if there are only a few scattered throughout the film. When the user buys a movie, the movie company gets the credit card information. When the movie gets uploaded to the P2P networks, the movie industry will know who did it. BUSTED!!!

    1. Re:Use the P2P networks to your advantage. by P2Powah! · · Score: 1

      You said : "When the user buys a movie, the movie company gets the credit card information. When the movie gets uploaded to the P2P networks, the movie industry will know who did it. BUSTED!!!" What about the Niggerians ? :p

    2. Re:Use the P2P networks to your advantage. by Creepy+Crawler · · Score: 1

      ---You know, file sharing programs, protocols, and services remind me somewhat of those gopher games that you find in arcades... you know, the one where you have this huge mallet; when a gopher's head pops up, you hit it on the head, and it sinks back into its hole; then, another gopher pops up, and so on.

      It's called "Whack-a-Mole".

      SPUTUM, SubConscious (go BOB) and them do that to spammers. Hit 1 and 5 more pop up, and thats bad.

      --
    3. Re:Use the P2P networks to your advantage. by rice_burners_suck · · Score: 1
      What about the Niggerians ?

      Uh, HELLO?!?!??!!?!?! The RIAA, MPAA, and Microsoft will lobby (and get passed) federal legislation which will require the courts to assume anybody guilty of pirating intellectual property if the RIAA, MPAA, or Microsoft claim, or claim to claim, that the individual's credit card was used to process the transaction.

      Thus, you might never even listen to music, but some "Niggerian" as you stated will buy a song, upload it to a file sharing network, and the next thing you know...

      It's a clear black night. You just got home from a nice first date with a lady you met at work. You took her to a nice casual dinner, where you talked about your respective jobs, career plans, hobbies, and other things, while having a nice dinner. Everything seemed to go well, and she was receptive to having a second date in the near future. You dropped her off at home, and are now entering your house. Fifteen minutes later, you fall soundly asleep in your comfortable bed.

      Suddenly, at 3:00 am, you hear a knocking on the door. "PO-LICE! SEARCH WARRANT!"

      **## B*A*M ##**

      The front door is busted to splinters as ten swat officers and six police dogs enter your house, smashing up everything in sight. Before you can even open your eyes, they yank you out of bed and yell, "YOU'RE UNDER ARREST FOR MUSIC PIRACY!"

      Two months later, you're standing in front of the judge during your sentencing hearing. 60 years mandatory sentence, without the possibility of parole.

      You know you didn't pirate "Oops I did it again," that some Niggerian, using a credit card generator, bought that song, uploaded it to kazaa or whatever, and got you arrested. That doesn't matter now, because you're spending the rest of your life in a room that is too short for you to stand in and too narrow for you to lie down in, made of hard stones, without even a bed to lie on.

      All that because the RIAA owns your soul.

    4. Re:Use the P2P networks to your advantage. by Anonymous Coward · · Score: 0

      There are a few reasons this won't work -

      1. The person used cash...in that case, u may track down the store, but in a city like NYC, that's not useful. This is why I'm paying more and more with cash...

      2. What about a Netflix DVD ? They'll have to track down all the ppl who got that DVD...and each could claim it wasn't them.

      3. Converting an MPEG from ReplayTV format to standard VCD or DVD codec compatible format...there, you've gone thru an A to D conversion, followed by a digital down sampling...will the steganography survive that ?

  93. how about this. by Anonymous Coward · · Score: 0

    get a torrent that is distributed say.... monthly...
    called "latest torrent trackers", and distribute a zipped list of torrents as a torrent itself.

    In fact, the list itself could be encrypted, so you'd have to search for the "torrent list encryption key", also in bittorrent.

    Even more... the torrents could be named "Torrent with id AC65FB86EF67CABD76" so you never find out what the torrent is about until you download it...
    or if you have the "Torrent id dictionary" also downloadable via bittorrent.

    [joker]MUAHAHAHAHA >:) Don't you love those WONDERFUL TOYS!? [/joker]

    1. Re:how about this. by Anonymous Coward · · Score: 0

      And then someone will create a nice software program to wrap that process up in a user friendly bow and you will be right back to where you started.

  94. Not enough shares by MightyYar · · Score: 1
    I would speculate that they will have trouble suing users of BitTorrent. Most seeders have, what, 1 or 2 seeds going at once? Compare that to the 1000s of files that a sharer would make available via Kazaa.

    If the RIAA is suing people, it's much easier to sue someone for sharing $1000 worth of music vs. $20-$40 worth. I think they'd basically piss off any judge that wasn't a small claims court judge, no?

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  95. Ah, the naive ones are arriving by Anonymous+Brave+Guy · · Score: 1
    Let the **AA try that, they won't sell a single piece of shit. They will go out of business.

    Stop and think about this for a minute. The **AA aren't making money from the people they're suing, and no matter how you you try to rationalise it, it's a good bet that those people are costing them money. The whole argument about "suing their own customers" is one big straw man: they're not customers if they're not buying anything.

    If this all happens, the **AA will carry on selling genuine CDs, DVDs, etc. to those who pay for them, backed with huge, confidence-inspiring guarantees about "playable everywhere" and so on that Joe Consumer loves to hear. Suing a few teeny wannabes into oblivion along the way will be a small price to pay for them to save their business model, and when they have as much invested in that model as they do, you can bet your ass they're going to do anything they can to protect it.

    The bottom line is that they can't lose by trying to fight this.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Ah, the naive ones are arriving by roju · · Score: 1

      Downloading music and buying CDs aren't mutually exclusive events.

  96. Re:Sharing hollywood movies IS LEGAL under the fai by Zareste · · Score: 1

    Looks like someone got hit by a troll with mod points. Any meta-mods out there? I know it's never going to stop Slashdot's system of ruining posts by supporting troll-mods, but at least it'll help a smidge.

    --
    I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
  97. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 0
    Att administratören inte är ansvarig är lite förenklat. Detta är väl jsut vad som beskrivs i "lagen om elektronisk anslagstavla".

    Och det är väl att administratören ansvarar för vad innehållet. Men att länka till illegalt innehåll är ej det samma som att publicera det / eller ha det på sin hemsa/BBS/tracker.

  98. RE: something to ponder? by King_TJ · · Score: 1

    Straw dummy alert!

    Seriously, *no*, it's *nothing* like leaving a gun around for someone to use. It's this type of severely flawed analogy that brought us the silly concept of referring to copyright infringement as "piracy".

    The photocopier analogy makes much more sense, because it deals with the same basic issue. You put a device out there that is capable of duplicating information, and someone comes along and makes use of it.

    Guns are legally required to be registered to their owners, unlike copiers or computers, for starters. They're also capable of killing human beings due to improper use -- and last I checked, nobody was killed by their photocopier while running off copies?

    Also, I'd think in the case of products like BitTorrent, it might become a factor that you never really provided a complete copy of a given work to the receiver. The way BT works, you're normally just distributing portions of a file, while other systems help distribute the other pieces. Parts of files get passed around like a dealer dealing from a deck of cards.

  99. What is % of use on material that is legal share? by Anonymous Coward · · Score: 0

    What is the percentage of bandwidth used for Bit Torrent like protocols that people suppose is not content suspect to the litigious super-enforcers?

    If these protocols are being used by people who don't want to pay for their movies, then can't we expect that the music and movie mongers will want to sue and try to change it?

    It seems to me that there are a lot of people who demonize the need for hollywood to make money. And yet they are very quick to want to see the new movies even if they are stealing them.

    And so it is then that the total anarchists, who hate facists, compel the super-wealthy to create even more powerful forms of facism. Oh, the irony of it all.

    My suggestion: Look away from the TV.

  100. Re:Sharing hollywood movies IS LEGAL under the fai by Zareste · · Score: 1

    The 'according to need' thing has pretty much no place in communism. That's just a gimmic to keep people duped, much like the 'people have a choice' concept of democracy. Communism is essentially where the state owns what you have whether you worked for it or not. American - and just about all - copyright is where you buy a CD or hard drive but the company still governs what you're allowed to do with it. The company owns what you paid for.

    A system built on this principal means you get the bad aspects of communism in exchange for the good aspects of capitalism.

    --
    I am NOT a number! I am a - oh wait, I'm number 761710. Look! 761710!
  101. Some Red Herrings. by twitter · · Score: 1
    The effectiveness of your method have yet to be determined, but the ethics are piss poor. Music publishers have been some of the largest p2p uploaders. While their obviously spoofed tracks failed, watermarked files did not and are very common. The movie industry can do the same thing. Then, various forms of mal and spy ware can report on people using platforms that are so easy to crack. In order for this method to work with bit torrent, the publisher must load the network first. The ethics of offering your own content up for trade and then bitching when people take it is left as an exercise.

    It's not the content that they are worried about anyway, it's competition. Movie studios are nervous because they are not the exclusive providers of moving pictures anymore. Now anyone can make a movie and distribute it. This is something of a shock for an industry that naturally only had four or five members, was working on vertical integration and hoping to use DRM to hoplessly lock down distribution for themselves forever. Ha, ha, dumb fucks. Movie studios and the music industry know that their position in the world comes from having grasped and mastered obsolete technologies, and they are fighting their new competition before it is well known. The actual content, singing, stories, acting, lighting, beauty and bravado are as common as little theaters. The social implications of monoply story telling and song are also left as an exercise.

    Finally, I have to complain about the use of the phrase, "intellectual property rights." "intellectual property" is vague, intentionally misleading and bad enough. But "rights" is even worse. No one has a right to a government granted exclusive franchise, which is what a patent, a copyright or a trademark is. That exclusive franchise can never reduce ideas to real property. No one can ever own a name, a song or an invention the same way they own a pencil. The notion that you have the same kind of ownership and rights to a song as you do a pencil is childishly asinine and that notion's promotion has tremendous social consequences. Song, names and ideas are easy to share and can be enjoyed by everyone at the same time. The people doing all the worrying are not "anyone else who has an interest in protecting their intellectual property rights online." Free software authors, photographers, authors, musicians and many others have the same rights and use the same laws but love bit torrent. The only term that can really tie together copyright, patents and trademark is "exclusive franchise" and that, not basic freedoms, are what movie and music publishers are trying to protect.

    --

    Friends don't help friends install M$ junk.

    1. Re:Some Red Herrings. by Anonymous Coward · · Score: 0
      It's not the content that they are worried about anyway, it's competition. Movie studios are nervous because they are not the exclusive providers of moving pictures anymore.

      Oh please, that's hardly the case. The amount of legal, competing content being distributed on P2P systems is insignificant.

    2. Re:Some Red Herrings. by VistaBoy · · Score: 1

      No one can ever own a name, a song or an invention the same way they own a pencil.

      For names, you can have a trademark on it if it's unique. For instance, how many people were "sharing" the name Microsoft before Bill Gates started the company? Without trademark law, no company would be able to set up a reputation for themselves, because a bunch of other people would start selling stuff in their name. So please, tell us your utopian solution to that problem.

      As for songs, we're talking about original recordings here. It's not like a bunch of guys are making covers of these songs and spreading them around on BitTorrent. It's ripped right off the original CDs. Also, it's not like you're forced to listen to RIAA music. If you don't like what they're doing, stop listening to them. Simple as that. But don't start trying to download their music from P2P sources to get your fix.

      And for inventions, there is zero motivation for certain companies to make any kind of invention without patents. It takes enormous capital to create something, and patents help to keep the return higher than the investment. Yes, there's some problems with the current patent system, but don't take the baby out with the bathwater.

      Movie studios are nervous because they are not the exclusive providers of moving pictures anymore.

      You're confusing movie studios being afraid of competition in the market with common people downloading their movies off the Internet without monetary compensation towards the originators. These are two different issues. I think you're confusing the RIAA/MPAA's monopolies on record and movie media with the concept of intellectual property, calling both "exclusive franchise." You see, without intellectual property, you can't have any competition in the industry, because the industry would be DEAD. The only music in the world would be stuff made in people's spare time, because nobody would be able to make a livable wage making music.

      If every industry had no protection on their intellectual property, capitalism would fail miserably, because companies would just mooch off other companies' hard work and engineering. There would be no incentive to create a new product, because the instant you create it, every other company would start building cars exactly like it, or using the unique technology that you spent X amount of years perfecting.

    3. Re:Some Red Herrings. by Anonymous Coward · · Score: 0

      This is a logical fallacy called "begging the question." The question in this case being something like "what if their goal is to prevent 'legal, competing content' from ever developing in the first place?" If that's their plausible goal then they should target all legal means of distributing digital works as "contributory infringement." Which is what they are doing, nevermind that pesky First Amendment.

    4. Re:Some Red Herrings. by Anonymous Coward · · Score: 0

      And for inventions, there is zero motivation for certain companies to make any kind of invention without patents.

      And there is zero motivation for companies to invent anything after the first item with a patent. Take a look at our cars for example. Specifically the transmissions. After patenting the original continuously variable transmission, not only did the patent holder priced the license out of range of normal vehicles, all development stopped. The transmission was mostly used in race cars and heavy equipment until about a decade ago when the patent finally expired. Since then development has exploded, with many new designs for CVTs, plus the invention of the infinitely variable transmission. You can even buy consumer grade trucks and SUVs equipped with a CVT these days.

      So yeah, I'm sure that whoever invented the CVT only did it because they could patent it and then sit on their asses and rake in the dough for almost a couple of decades. I bet whoever it was never even built one.

  102. MOD PARENT DOWN-Reproduction Rights. by Anonymous Coward · · Score: 0

    "To resume it up, people download copyrighted movies that are not fully reproduced and that's perfectly legal."

    http://www.nolo.com/lawcenter/ency/article.cfm/Obj ectID/BABFA71E-97C9-479F-8A9D4C3DB2498663/catID/2E B060FE-5A4B-4D81-883B0E540CC4CB1E

    Look up "reproduction rights". The law makes no distinction based on "quality of", and the more of the originals present in the copy, the less fair use is a defense.

  103. RE: hashes by King_TJ · · Score: 2, Interesting

    Hmm.... that's an interesting argument you have there. I've actually never heard someone make that statement before, that a hash is a "derived work" of the original software.

    Might have some validity, but I think it's still a stretch. The original point (legally speaking, anyway) of concern over "derived works" was focused on people doing slight modifications to existing code and attempting to resell it as something new and original. (EG. If I have access to the source code to Outlook Express email for Windows and I change the screen colors and default fonts, some of the wording and dialog boxes, and put the folder list on the right instead of the left, I can't run around selling it as a new email product called "MailMaster 5000 Pro".)

    A hash, in and of itself, is a very small chunk of alphanumeric data that doesn't contain enough code to conclusively prove it was only able to be created by using a specific original work. (After all, I could write a small program to generate random hashes all day long and theoretically create one that happens to be identical to one made the "proper way", by generating it based on a specific file.)

  104. Yeah right! by Anonymous Coward · · Score: 0

    And when you try to pick up a hooker that turns out to be a cop, you're not guilty. Or when you try to sell drugs to an undercover cop... The accuser has to share the file in order to catch the defendant. As long as this is all being properly documented and the sharing is done specifically for finding copyright violators, the defendant doesn't have a leg to stand on.

    Do me a favor, send me a postcard from that dreamland you're in at the moment.

    1. Re:Yeah right! by mkldev · · Score: 1
      It's a little different there, actually. It's more like selling drugs to some two-bit thugs who then report you to the cops for selling drugs. If you sell to the cops, they are legally allowed to execute sting operations. It isn't always clear about private entities' rights to do the same.

      That said, it's probably a fool's bet if you actually tried to use that defense. :-)

      --
      120 character sigs suck. Make it 250.
  105. hudreds indeed by twitter · · Score: 1
    If you worry about the RIAA the solution is simple; get interested in bands that *promote* your right to copy their live work ... a hundred other, less famous acts I've haven't listened to yet.

    Wiki List which points to:

    this

    and that.

    This is going to become more common. As a recent Pew survey of musicians showed, most artists think of the internet as a way of getting their word out. 99.99% of artists have no real chance of landing on the RIAA monopoly push money train, regardless of merit. For them, you and I enjoying their music is pure promotion and about the only chance they have of their recordings becoming something that gets lost in the attic. Performance is demanding and few people have the inclination to tour for 30 years. Music is still a get it today because it will be gone tomorrow kind of thing.

    --

    Friends don't help friends install M$ junk.

  106. The [defense] You Can't [use] by Anonymous Coward · · Score: 0

    "I receive tons of hits from various groups sniffing about while I'm d/ling via BitTorrent (I run PeerGuardian) and I often wonder how culpable I am. While not all of my downloads are technically "legal," it's all stuff I'm pulling down because it's the only way I can get it."

    A common refrain aroud here.

    1) Obviously (except around here) no one's entitled to be entertained.

    2) The majority of the material found on P2P networks are actually quite easy to get through legitimate channels.

    3) None of the individuals who use this defense have approached the copyright holders with the business proposition of becoming middle-men themselves (supply) and fulfilling this supposed demand.

    1. Re:The [defense] You Can't [use] by evilmousse · · Score: 1


      yeah, joe teen burgerflipper in europe should stop downloading the daily show and instead gather a business plan and invest in distribution channels, good thinking.

  107. Don't some sites fish for psychos? by Anonymous Coward · · Score: 0

    don't you think that there must be sites on the internet where they fish for psychos? They set up these sights to lure in people with a violent or sadistic bend.

    They have these up and when they get a hit they watch what gets served back to what IP address. Then they make a little addition to their data base and send the satellites to bug the house where the content ended up. . .

    Or there are just a lot of sick people with too much time.

  108. Oh yeah? What about when.... by realitybath1 · · Score: 1

    the fbi warning is the cut out?.
    ;)

  109. Re:This is not the fair use by P2Powah! · · Score: 1

    This is the fair use :

    http://www.nolo.com/lawcenter/ency/article.cfm/obj ectID/C3E49F67-1AA3-4293-9312FE5C119B5806

    "Rule 5: The Quality of the Material Used Is as Important as the Quantity

    The more important the material is to the original work, the less likely your use of it will be considered a fair use."


    No distinction based on the quality you said? :p

  110. How to poison BitTorrent for Dummies by davidwr · · Score: 2, Interesting

    How to Poison BitTorrent for Dummies

    Target audience: RAII, MPAA, BSA

    Step 1:
    Get a DSL or cable account on every major ISP.
    Step 2:
    Join the torrent for every movie or song you want to poison. Repeat this for each ISP.
    Step 3:
    After you've downloaded the file, alter a few key bits every few dozen KB. You may need to use sophisticated methods so checksums match.
    To throw people off, host a few non-broken files of stuff that's legal to freely share, e.g. Linux distributions.
    Step 4:
    To fool technology like PeerGuardian, change your IP address every few days at random intervals.

    The end result:
    People unlucky enough to grab a segment from you will probably get at least 1 altered bit, resulting in a broken download. In the case of sound or video, it may not make it unplayable, but it will mark it as a bootleg copy.

    Step 5:
    Pay your ISP bills and compare this cost to the net increase in revenue, and realize you are in the hole.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:How to poison BitTorrent for Dummies by Lehk228 · · Score: 2, Informative

      step 6:
      discover that BT uses SHA-1 and not MD5 so you wasted all that time trying to corrupt peoples downloads while only forcing them to redownload a few hundred K at most.

      --
      Snowden and Manning are heroes.
    2. Re:How to poison BitTorrent for Dummies by Anonymous Coward · · Score: 0

      Uh, good job moron. That wouldn't even work.

    3. Re:How to poison BitTorrent for Dummies by Anonymous Coward · · Score: 0

      dumbass, go read a book.

  111. Okay, if they pretend to be a client.... by jeephistorian · · Score: 1

    If the **AA pretends to be a client, they open a connection and start to receive the file, would they not then have to also share it back to get the entire file (such that they can prove that the file is in fact illegal)? If they are then sharing it back, are they not now making a legal precedent to the effect that the file is now supported as free to share (since the copyright holder is also sharing)?

    **I really don't know what I'm talking about, but this sounded good at the time!**

    --
    Huh?
  112. Not exactly accurate by Changer2002 · · Score: 1

    Things that have legitimate uses can be made illegal without obtaining a permit to use the devices, if they're deemed to facilitate criminal activity. Possession of lock picking devices can get you in trouble in some places if you don't have permits to use them. Even though lock picking devices have legitimate purposes, for instance when someone gets locked out a locksmith uses them to open the door, their possession is still restricted.

  113. Re:I don't think BitTorrent will be much of a prob by DrAegoon · · Score: 1

    Your BBS analogy is flawed. The administrator of a BBS isn't liable because they weren't the ones to post the illegal material. They are providing a service that can be used for any number of purposes. Running a bittorrent tracker is different. A tracker for a copywritten work can only be used to facilitate distribution of said work. If the person running the tracker doesn't have the rights to distribute that work, they would be liable for infringement.

  114. Wireless Ignoramus by KrackHouse · · Score: 1

    We all need to drive to the houses of these guys, use their open wifi networks to download a few songs that we've copyrighted and then countersue. It'd make for a great rebuttal. I'm kidding of course, that'd be horribly unethical.

    --
    What if Digg added local news and a Slashdot inspired comment karma system? ---
    http://houndwire.com
  115. The value of 600MB-MPAA/RIAA versus the Soft Ind. by Anonymous Coward · · Score: 0

    This is something I never understood. If I download a 600 MB movie I steal $10, at most $20. If I download 600MB warez I can steal thousands or even tens of thousands of dollars. Yet BSA never sued individual downloaders while RIAA/MPAA sue people for a few bucks. Even though the software industry loses much more from piracy they never pushed for changing the laws or outlaw of P2P applications.

  116. Half the Point, and then some by Anonymous Coward · · Score: 1, Interesting

    I'd say you are missing half the point.

    The idea the something like PG is some 100% successful bastion of solitude is clearly bull.

    On the other hand, as such systems move into use they will tend to increase in efficacy.

    PG is orthoginal to a spam filter. But unlike spam, the Internet Address space is reasonably constrained.

    So Peer Guyardian like systems, as they develop, tend to partition off known "problematic" peers.

    The real problem will be with cross contamination. If an offender switches IP addresses, their previous actions on the old address leave the _next_ guy to get that address stuck out in the gulag.

    So addresses that cannot be changed easily (like _some_ government sites and larger corporate assets) can be rather effectively told to "stuff it" and left to play in their abreviated version of the internet. This could be quite effective over time.

    Copntrapositively, one should expect the poisioners to eventually have to adopt the tactics of the spammers. That is, the P2P track-and-poision outfits really need bot-nets of compromised machines to "borrow unused bandwidth" from widely distributed machines to use for the probing and poisioning.

    [Tinfoil-Hat]

    Consider for a moment a network of something like set-top internet enabled boxes (say X-Boxes, Tivos, Web-TVs, or DRM-infested Windoze) contolled by large companies. Suppose these boxes had idling deamons that did things like online updates, and were spread all over the country/world. It wouldn't take much to patch-in a bot to allow any consumer point-of-entry into the internet to be used for all-but-one-time check of a P2P server or a local machine.

    Consider also, those media-server boxes that let you play media files from your computer into your TV or sterio. How hard would it be for such a box to send out a single UDP datagram to the internet if it "felt like it" after it saw a "questionable media file"?

    If that box was _also_ online-updatable, how hard would it be to updiate-in a bit of local spyware to check up on a client, and then update it back out once a decision had been made.

    [/Tinfoil-Hat]

    Technologically speaking, we are in an easy-to-proliferate arms race. To some extent, failure to play the MAD game (using tools like PG etc.) is just rolling over for a good nuking.

    but like any good arms race, the tools of today are always flawed and will always need to be teamed up as an ongoing strategy. And lots of them will get very dated very quickly.

    So PG (etc) could/will reach a critical density, effectively increasing ones safety to a non-trivial degree. At which point the attack will have to change.

    That the enforcers will eventually need to play on the same level field as the least-legal denominator (spammers) is a foregone conclusion.

    Except that the enforcers will play the EULA card when the tiny portion of their customers who care, notice that their "private" systems are being used as weapons platforms (often directly against their owners).

    Sic Transit Gloria Mundi.

  117. Hollywood & this article misses the point agai by OneInEveryCrowd · · Score: 4, Insightful

    Here are some questions I wish the author of this article and some of the people he interviewed would address.

    Why can't "Hollywood" adapt to technological change instead of fighting it ? Why can an unemployed programmer sitting in his apartment out-inovate a handful of multi-billion dollar corporations ?

    Why do these wealthy CEO and entertainer types think they're immune from change ? I used to be a high paid COBOL guy, I had to adapt. Do any of these people expect me to feel any sympathy or support for them ?

    Why would people want to download in the first place ? Is it because ticket prices are too high, and the cost of soda and popcorn is almost offensive ? Do people in one country want to see the movie as soon as people in another country ?

    Is the loss of revenue real or imaginary ? Is their existence really threatened ? Are movie industry profits really sliding ? Are American high school kids really going to start staying home instead of going to the theatre ?

    Sorry if this sounds like a bit of a rant. I'm really tired of the pro-CEO slant in the mainstream media. If any journalists are reading this I hope you address these questions in your future articles. It would really make me alot more interested in what you do for a living.

  118. BitTorrent community by nodehopper · · Score: 1

    It is really in the BitTorrent communities best interest to try and police itself. BitTorrent is not anonymous and is in fact easier for authorities to track down abusers than certian other P2P programs. Maybe a disclaimer or notice needs to be added to the installer and GUI saying this. If the P2P crowd realized there are better alternatives to BitTorrent for the downloading of Copy Protected materials (which will never be stopped) then BitTorrent can go back to being a great way of distributing legal content.

    --
    "We will remember not the words of our enemies, but the silence of our friends. " Dr. Martin Luther King, Jr.
  119. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 1, Insightful

    Not if the tracker is a general "file swapping tracker", and the users of the tracker puts the torrent files there. Especially if the tracker says "do not put up stuff you dont have the right to distribute" :)

  120. What the law actually says by Damiano · · Score: 1

    Nice try, but that's essentially the same as what Napster was doing. Providing a central "database" where the material was linked.

    The only defense here for such a website is that DMCA-style laws and even old copyright laws provide a safe haven clause. This means that the copyright holder must inform them that the content is copyrighted and unauthorized for sharing.


    Umm.. IANAL, but I am a law student. While this certainly isn't legal advice:

    1) If you read the Napster decision the problem wasn't only that they hosted the central index, but that they actually profited from people using the software (via advertising). hosting a torrent doesn't mean you profit.

    2) Traditional copyright law has no "safe harbor" exception other than fair use. If you are distributing copyrighted material they can certainly sue you even if they have not asked you to remove the material. (Of course if they do ask and you refuse I can assure you that the judge will take that into account).

    1. Re:What the law actually says by cpt+kangarooski · · Score: 1

      1) If you read the Napster decision the problem wasn't only that they hosted the central index, but that they actually profited from people using the software (via advertising). hosting a torrent doesn't mean you profit.

      Well, the profit can be quite indirect, but that only addresses vicarious infringement. Contributory infringement requires no profit.

      2) Traditional copyright law has no "safe harbor" exception other than fair use.

      17 USC 512. Read it, learn it, feel ambivalent about it. Really there's tons of exceptions that in effect are the same thing. Also there's 17 USC 1008, but given what the terms used in there are defined as in sections 101 and 1001, it's rare to see someone qualify for it.

      --
      -- 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.
  121. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 0

    I apologize on behalf of the asshat grandparent. It's safe to say that your English is a lot better than his Swedish.

  122. Stop Downloading Klingon Academy! Stop it now! by superultra · · Score: 1

    "Some sites offer digitized broadcasts of 'The Daily Show With Jon Stewart,' computer games like "Star Trek: Klingon Academy . . ."

    Well I'll be damned. Bittorent has apparently done something Microprose couldn't do: distribute Star Trek: Klingon Academy.

    They couldn't give that game away free.

  123. Why don't they use it instead-Human nature. by Anonymous Coward · · Score: 0

    "If history has shown anything, it has shown that DRM will never stop those that want to circumvent paying. What DRM will do is impose restrictions on legitimate paying customers. That is bad business. Although it may take time, market forces will eventually correct and weed out those bad apples.
    "

    This will also weed out the most popular "apples", and eventually destroy any remaining quality.

    "I see no reason that DRM would be especially beneficial to marketing content. Why not just release free downloads with the first 5 or 10 minutes of a show? Much like some artists offer free/non-DRM downloads on their websites offering high quality snips or very low quality full versions of their songs to entice you to pay to get the real deal."

    This assumes that your solution is more desirable than the present full digital copy circulating.

    "While I understand what you are saying, I think the fundamental assumptions behind this line of thinking is just plain flawed. If you give people an easy and inexpensive way to get their fix without limitations, they will gladly pay for it."

    This assumes that "inexpensive" isn't percieved as a "limitation".

    "The key is cheap, easy and universal access. In my opinion, the first content provider that provides content matching these criteria will win."

    The fact that P2P networks persist in spite of the online presence of legitimate media content says otherwise.

    1. Re:Why don't they use it instead-Human nature. by div_2n · · Score: 1

      The fact that P2P networks persist in spite of the online presence of legitimate media content says otherwise.

      Wrong. They persist because they fulfill the criteria I set forth better than current paid models.

      If content providers would meet the criteria in the same way only better, they would prevail.

      More specifically:

      *Easy to find music
      *Easy to download
      *Low cost
      *Non DRM encumbered
      *Cross platform (many formats i.e. mp3, ogg)
      *Multiple qualities (low for portables, high for CD/DVD burning)

  124. Re: hashes by badasscat · · Score: 1

    Hmm.... that's an interesting argument you have there. I've actually never heard someone make that statement before, that a hash is a "derived work" of the original software.

    He probably works for SCO!

  125. Why not mis-name the torrents by Anonymous Coward · · Score: 0

    Mis-name torrents for the latest hollyweird films by giving them the names of files that are perfectly legal to download...like some Linux iso or out of copyright films. Then someone puts up a web page that lists the phoney names of the torrents and also what films they actually do contain. Then everyone could download the torrents and if the MPAA takes them to court they would need to prove to a jury that the downloader was aware that the Linux iso torrent s/he was grabbing and serving was actually their copyrighted movie. How could they convince a jury the user knew it was the illegal file and not the file the torrent said it contained??

  126. They are thieves by TheLink · · Score: 1

    The people who extend copyright laws are not just cheating.

    They're stealing. They are _stealing_ works from the public, by preventing them from entering the public domain.

    They are more thieves than those who are _copying_. People who make copies don't really reduce access to the work. Whereas copyright extensions and similar stuff do.

    People who make copies could reduce the copyright holder's access to money that is not the copyright holder's. But that is quite a different thing. After all that money is not automatically the copyright holder's.

    --
  127. Re:Wrong? Or right? by Commander+Trollco · · Score: 2, Interesting

    How do they own something that is merely a duplicate of something they own? That is what is messed about copyright, patents, and any sort of IP.

    * The claim of financial losses or damage is mostly inaccurate because it presupposes that the copyist would otherwise have bought a copy from the publisher. That is occasionally true, but more often false; and when it is false, the claimed loss does not occur.
    * The claim of loss or damage is partly misleading because the word "loss" suggests events of a very different nature--events in which something they have is taken away from them. For example, if the bookstore's stock of books were burned, or if the money in the register got torn up, that would really be a "loss." We generally agree it is wrong to do these things to other people. But when your friend avoids the need to buy a copy of a book, the bookstore and the publisher do not lose anything they had. A more fitting description would be that the bookstore and publisher get less income than they might have got. The same consequence can result if your friend decides to play bridge instead of reading a book. In a free market system, no business is entitled to cry "foul" just because a potential customer chooses not to deal with them.
    * The claim is begging the question because the idea of "loss" is based on the assumption that the publisher "should have" got paid. That is based on the assumption that copyright exists and prohibits individual copying. But that is just the issue at hand: what should copyright cover? If the public decides it can share copies, then the publisher is not entitled to expect to be paid for each copy, and so cannot claim there is a "loss" when it is not. In other words, the "loss" comes from the copyright system; it is not an inherent part of copying. Copying in itself hurts no one.

    * Originally written by Rolloffle (British Douchebag)

    --
    http://persianews.on.nimp.org/?u=Tar_Baby
  128. Head aches...BAH! by Anonymous Coward · · Score: 0

    I won't be happy until they have a stroke!

  129. spiderman is a really bad example by Anonymous Coward · · Score: 0

    there are good movies, but spiderman is just bad...

    mainstream shit for kids

  130. Downloading vs Uploading by cbr2702 · · Score: 1
    There is already a prevailing feeling (among the people I talk to, anyway) that even downloading is not morally acceptable.

    Morally? The morality here is pretty complicated but I don't see how uploading could be imoral but downloading not. The real question to me (and the courts) is the legality. In a simple electronic upload/download transfer, where and when does the illegal copy happen?

    --


    This post written under Gentoo-linux with an SCO IP license.
    1. Re:Downloading vs Uploading by aichpvee · · Score: 1

      I don't see what morality has to do with it either way. Though I guess it does have psychological rather than physical or tangible effects since you can't exactly hold digital data...

      --
      The Farewell Tour II
    2. Re:Downloading vs Uploading by Lord+Kano · · Score: 1

      The morality here is pretty complicated but I don't see how uploading could be imoral but downloading not.

      It's Clinton-think. In a world where someone can have sexual relations with you while at the same time you're not having sexual relations with them, you can claim anything.

      In such a world uploading can be immoral while downloading is not.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    3. Re:Downloading vs Uploading by Free_Meson · · Score: 1
      It's Clinton-think. In a world where someone can have sexual relations with you while at the same time you're not having sexual relations with them, you can claim anything.

      How is this Clinton-think? If "sexual relations" are defined as the touching of another's sex organs, then one person can have non-reciprocal sexual relations. Think of it like kissing -- you can kiss someone (on the hand, cheek, forehead, whatever) without them kissing you. In this case, you "sexual relations" someone by touching their penis or vagina. There's a difference between a word's actual definition, as used in a legal proceeding, and the definition you might use on the street. This is because legal issues require precision. Indicting someone for properly using the language as it is intended is daft.

      Of course I expect you're just a RW troll, but I thought I'd help you out just in case.

      In such a world uploading can be immoral while downloading is not.

      It depends on the law. Copyright law has rules against copying and distribution. Legally, if you are uploading you are distributing. If you are downloading you aren't. The real question, though, is who is copying. I think you'd have to say that the copying is taking place in the computer of the uploader, but as the copy is only completed in the downloader's computer, you may be able to make a case against him as well.

    4. Re:Downloading vs Uploading by rpdillon · · Score: 1

      The illegal copy happens when the uploader sends a copy of a local file over the line. At that moment, we go from having one copy to two. As far as downloaders, well, they just take that copy and place it on the hard drive - which is simply a transfer: the copy on the line disappears after saving. Hence, to prosecute, they love to go after folks uploading lots of files. In a case where you've only downloaded one file, the defense will have a strong case as I stated above. I can certainly see a found-the-illegal-copy-of-a-book-on-the-street type defense in this case.

      A smart prosecutor would suggest that the copy was only made at the downloader's request however, which could certainly muddle the issue, and would in fact be a good defense for uploaders: "I didn't make the copies! A program running on my computer did, and it only did because THAT GUY asked it to, not me!"

      I'm very keen on seeing how all this will play out in the next few years.

    5. Re:Downloading vs Uploading by Minna+Kirai · · Score: 1

      The illegal copy happens when the uploader sends a copy of a local file over the line. At that moment, we go from having one copy to two.

      That statement is only true if you take "uploader" to mean the computer or computer program hosting the file. But inanimate tools are not subject to criminal liability- the people operating them are.

      And in the normal use of P2P networks, the person who instructed the server software to make the copy is in fact not only the "downloader", but also the "uploader": that person, via her client-software, commanded the server to create the copy and send it to her.

      Whoever installed and prepared the server side intentionally helped create the copy, but he was not the person who made the copy.

      Compare with the physical world: if I lay a newspaper and a plugged-in Xerox machine on the sidewalk outside my house, I am creating an environment where copyright infringment is easy, but not committing any infringement myself. The "copy" doesn't happen until someone walks along and starts running off pages.

      It's the same as if I plant a bomb in a house, and you activate the detonator. You are guilty of murder, and because I helped, I am a material accomplice, even though I didn't commit the actual attack.

    6. Re:Downloading vs Uploading by Minna+Kirai · · Score: 1

      If "sexual relations" are defined as the touching of another's sex organs, then one person can have non-reciprocal sexual relations.

      But since that's not how it's defined... the rest of your example is wrong.

      you'd have to say that the copying is taking place in the computer of the uploader, but as the copy is only completed in the downloader's computer

      Whose computer it happens on is irrelevant- what matters is which human initiated the act. (Both people might be using a public/3rd party machine, for example). If I allow you to borrow my gun, you are the one guilty of any assaults committed with it, not me.

    7. Re:Downloading vs Uploading by rpdillon · · Score: 1

      Hmm, it doesn't seem you read the second half of my post before replying.

  131. Defeatist? by Famatra · · Score: 2, Interesting

    "No, not the MPAA, the illegal file-swappers."

    I got an idea then, change the law so that personal noncommerical use of copyrighted material is allowed to be coppied and the 'il' will drop out of illegal. It is the peoples' law, and it will be changed if the majority of people are 'criminals' under it.

    "they will simply push for still more draconian legislation"

    What is your arguement, that we give in to the harm done by the idea monopolists because they might do something worse in the future? Well, Neville, I have no doubt they are heading there anyway since their goal is nothing but the total control of information and ideas, so I suggest we not roll over but fight them instead.

    "Copyright law is there for a reason..."

    Yes, the reason was to promote the creation of new ideas. Now copyright has been perverted to stifile new ideas, and it appears to be getting more draconian every day. ...you are not allowed to copy music, films, etc"

    The law tells you we are 'not allowed' to copy and share information, and then the law must be changed to reflect our new digital age.

    "The more arrogant you become the harder you will get slapped in the end"

    You try the being meek and subserviant method while idea monopolists create a world in which information is despensed like gasoline, and you pay by the letter. I think i'll try fighting for the right to information ;).

  132. There are still problems suing by Julian+Morrison · · Score: 1

    - Recovery of costs has to be weighed against the huge expense if they lose the case. Unless (spoils of victory * victory probability) - (cost of loss * loss probability) is positive, suing is a bad gamble.

    - The whack-a-mole problem: if you target small fry, you could be winning cases wholesale and yet be losing the war to sheer numbers. Bittorrent allows everybody to be small fry.

  133. law by themusicgod1 · · Score: 1

    "I got an idea then, change the law so that personal noncommerical use of copyrighted material is allowed to be coppied and the 'il' will drop out of illegal. It is the peoples' law, and it will be changed if the majority of people are 'criminals' under it."
    Just like in Canada, a country where a good majority of the population at some point of time smoked/will smoke marijuana, marijuana is legal (/sarcasm)

    You're so full of shit. It is small lobbying groups with money and influence that can make this kind of change(making anything on the internet illegal), and if it's in their best interest to do so you bet they will.

    --
    GENERATION 26: The first time you see this, copy it into your sig on any forum and add 1 to the generation.
  134. Re:The solution is simple.... by Anonymous Coward · · Score: 0

    you mean like xp sp 2 does?

  135. "The Corporations" by bullitB · · Score: 1

    ...it only gets harder for the corporations to put the virtual, and legal, smackdown on file sharing.

    Just for the record, the makers of Kazaa, Morpheus, eDonkey, LimeWire and numerous other P2P services are also corporations. To repeat a lousy capitalist cliché, don't blame the entire corporate system when it's really just a few soon-to-be-out-of-business-due-to-their-own-stupid ity movie companies who are to blame.

  136. Why are you releasing it under open source? by Anonymous Coward · · Score: 0

    "PeerGuardian 2 will be open source, and will update automatically."

    I've always wanted to know individual's reasons why they release their software under an open source license. Shareaza also was released under open source, probably because it simply could not keep up with the pace of open source p2p applications.

    As well, esp with P2P, there is a trust factor people, especially myself, need to use it that closed source doesnt have. Same reason why I don't use closed source encryption programs, need trust to ensure nothing sly is going on.

    Myself, I like open source because I have no illusions of making money off anything I make (since I am not that great of a programmer ;) ) but like looking at what other people did and modifying it to do what I want.

    I also like the idea of sharing code, so I can get tools I need and the only thing I have to do is share as well.

  137. Re:Wrong? Or right? by cpt+kangarooski · · Score: 1

    How do they own something that is merely a duplicate of something they own?

    They don't per se.

    Rather, they are granted the right to prevent other people from making those duplicates. When you go ahead and make a duplicate anyway, you're infringing on their exclusive right (i.e. right to exclude).

    One of the forms of relief for the copyright holder is to have you enjoined from doing it again. Another is to destroy the unlawfully made copies. Another is for you to pay damages for having done it.

    But ultimately, it's the act that's illegal.

    But that is just the issue at hand: what should copyright cover?

    Which is a legislative queston. Courts don't know and don't care. They'll just take this law as it comes. You have a problem with the scope of copyright? Write your Congressman, they'll say.

    --
    -- 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.
  138. WiFi Drive In Warez! by telemonster · · Score: 2, Interesting

    I had this idea a while ago, it brings back the BBS community style.

    Hardware is cheap, people could build a box with a 200gb disk and 802.11g card and hide it on top of a large building or structure. Maybe a pay phone booth, or in an attic of a house. A high gain antenna could be used. These "nodes" could communicate host to host using internet (or another open wireless link, highly throttled).

    The clients would be anyone with a notebook computer and a directional antenna. Depending on the city, all one would have to do is point their directional at the site, and wala, warezsite! Think of it as pirate radio with a studiotransmitter link.

    Granted the nodes could be DOS attacked, or stolen, but people used to rm the stashes on the FTP servers in the golden days.

    In an office park, you could end up wtih "drive in warez" ... the downside is if the clients are in close proximity to the host, then license plates and physical busts could ruin the joy of having the latest crappy Eminim album. (Having seen Oceanse 12 yesterday, I was horrified to see Ice Cube in some new kids movie. WTF? From gats and crack to the next kids movie star, sheesh. I can see the two pack of DVDs in the bargain bin now, "A kiddie christmas comedy" and "Friday").

    Tune in next time for "slow bitrate warez trading via Shortwave radio"

    --
    Southeastern Virginia REPRESENT!
    1. Re:WiFi Drive In Warez! by P2Powah! · · Score: 2, Interesting

      Good idea, build cheap computers with solar pannels and hide them on the top of trees and you can trade warez secretly :)

  139. grrrr by ananoca · · Score: 1

    I just have to point out, that on the PeerGuardian website, it quotes: "... have never seen it's CPU usage raise over 00%".

    Please can someone correct the "it's"!. It doesn't boast well if they are incapable of simple grammar.

  140. Private means nothing. by EvilStein · · Score: 1

    What's to stop MPAA members from signing up with these "private trackers?"

    (Note: I've signed up with a few. All they wanted was my email address and a password.)

  141. Off Topic: grammar critique discussed by Changa_MC · · Score: 3, Insightful
    Although I dislike drawing this thread farther from the topic at hand, I feel compelled to continue on with this dicussion. I'd like to begin by pointing out the fact that this corrective post consisted entirely of fragmented quotes interspersed with sentence fragments, and quotation marks were used inversely from their indications; around original text rather than cited materials! Let us illustrate instead some proper corrective techniques.

    We can start by breaking down the original essay, to wit:

    "Man, you're so wrong."

    In my classroom this contraction would be inappropriate, but in an informal letter, it is acceptable.

    "The tracker only hosts the .torrent files, if that!"

    This is acceptable, since the suggested usage, "tracker hosts only..." implies that nothing else is on the server at all, whereas the original more correctly implies that the tracker does not host any other part of the specific transaction that interests us.

    "It's primary roll is to just keep a database of..."

    This is actually a mistake; "it's," is always a contraction for, "it is." What was meant here is ownership, so "its" is correct.

    The use of primary is admittedly confusing, since it implies secondary roles. Perhaps our author includes maintaining DNS position and such in the server's secondary roles. Certainly, the actual error in this sentence is the incorrect use of, "roll," where, "role," was intended. Perhaps our self appointed grammar expert could expand to definitions of common words as well?

    "...The information the bittorrent client's request from it"

    Similar to another mistake made previously. The use of, "client's," is incorrect since it implies ownership. Perhaps if we reworded the sentence this way: "the bittorrent client's request is only for the database of who is sharing, so that is the tracker's role."

    " ...Any copyright.."

    As was pointed out, this ought to be in the past tense, since the copyright in question would have already been issued.

    "...material, it just tracks those"

    A travesty of modern education is the use of commas where semicolons are more desirable. This is a typical example, and is common worldwide. Even the highly educated tend not to use semicolons where such items technically ought to be used.

    But again, our young grammar nazi^H^H^H^H expert failed to point out the most critical error here, which is the ending of the sentence.

    Overall, the English usage here was excellent although obviously informal.

    I am drawn to conclude that the original author's grasp of English is acceptable for a native speaker, whilst quite impressive in any other case. Whilst the individual writing the critique, in contrast, is simply an ignoramus with a giant lump of coal wedged up his sorry little ass.

    Thank you for your time and consideration, I hope we have all learned something here today.

    --
    Changa hates change.
    1. Re:Off Topic: grammar critique discussed by Idimmu+Xul · · Score: 1

      hey. changa mc

      you're pretty gay, am i rite?

      --
      The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
    2. Re:Off Topic: grammar critique discussed by Kombat · · Score: 1

      you're pretty gay, am i rite?

      "You're gay?" That's it? That's the best you can come up with? Didn't people stop saying that back in the 90's? Wow. That's pretty sad, kid. Be embarassed.

      --
      Like woodworking? Build your own picture frames.
    3. Re:Off Topic: grammar critique discussed by Anonymous Coward · · Score: 0

      you used a semicolon incorrectly in your first paragraph. after that glaring error, i couldn't bring myself to read any further.

  142. No, objective by Anonymous+Brave+Guy · · Score: 1

    Your point would have merit, if it weren't completely one-sided and conveniently ignoring vast amounts of the big picture that happen to disagree with your argument. For one thing, I defy you to conduct a genuine survey that shows the majority of people rip music/movies on the net, or even feel it is fair to do so, without sampling only, say, Kazaa users or the 16-21 age group.

    Next up, on the perversion of copyright: copyright does exist to secure rights for the creators of new works, and it does do that so that there is an incentive to create and circulate those works for the benefit of society. I'm not for an instant claiming that no-one has ever abused copyright; the protection of Disney's works for the apparently indefinite period is taking the ****. But not all recording companies and film-makers are like that, nor all authors of books, software developers, semi-pro musicians, etc. Ignoring the underlying principle of copyright, or just removing the law entirely without thought for the consequences, will damage these people a lot more than it will damage the RIAA/MPAA.

    Ultimately, the distribution problems will take care of themselves without any help from selfish law-breakers. If there is a market for on-line distribution, as clearly there is, then in time the providers will fill that market. It may take a little longer, but it's hardly copyright law that's stopping it.

    Basically, you are one of those people who think everything should be free, because. You give little or no thought to why these laws exist in the first place, nor the long-term implications of removing them. You buy the "information wants to be free" tag-line as though willing it to be true will make it so. You presumably don't have even a basic understanding of the economic implications of mass file sharing, and I imagine you also bitch when people use the term "theft" to describe copyright infringement. You place no value on the work of others, and want everything without having to make any sort of contribution yourself.

    As someone who pays for every CD he buys, only downloads tracks from legal sources, buys DVDs of good movies and rents from the video shop if he wants to preview before buying, and incidentally writes software for a living and his seen his (small, privately owned, good-to-its-staff) employer hurt as a result of gratuitous copyright infringement, I know where my vote will going, and people like you will be first at the cash machine to pay the fines.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:No, objective by Famatra · · Score: 1

      "Your point would have merit, if it weren't completely one-sided and conveniently ignoring vast amounts of the big picture that happen to disagree with your argument."

      And you are ignoring the *vast* amounts of people who file share, about 60 million people or more. If you have better numbers, cite them.

      "Ignoring the underlying principle of copyright, or just removing the law entirely without thought for the consequences, will damage these people a lot more than it will damage the RIAA/MPAA."

      The damage being done is the place is turning into a police state, with laws being pushed for so the government can sue individuals to make sure they pay for information or remain ignorant. The damage of a fully DRM society is more damage than copyright holders could ever hope to do, (if you call the free flow of information damage that is).

      "Basically, you are one of those people who think everything should be free, because."

      It nice that you seem to know me, however you are incorrect. I'm the type of person who doesn't want a DRM police state only to protect idea monopolists' profit models. In this digital age copying can take place quite quickly, and any aspiring musician or author who is thinking of going into this business only to make money may not succeed.

      "You give...You buy...You presumably...You place no value..."

      As nice as it is to have the focus on me, but I'd much rather talk about copyright. I'll save the speech about addressing the person, instead of the arguement, as being a logical fallacy.

      "his seen his (small, privately owned, good-to-its-staff) employer hurt as a result of gratuitous copyright infringement"

      That is unfortunate for you, however what is your solution, to take away everyone's computer away and impose government mandated DRM to protect copyright holders' right to profit? That is not a bargan i'm willing to do, and it is best if you and others learn that in the digital age, information will flow and a tune your profit models accordingly or go out of business.

    2. Re:No, objective by Anonymous+Brave+Guy · · Score: 1
      "his seen his (small, privately owned, good-to-its-staff) employer hurt as a result of gratuitous copyright infringement"
      That is unfortunate for you, however what is your solution, to take away everyone's computer away and impose government mandated DRM to protect copyright holders' right to profit? That is not a bargan i'm willing to do, and it is best if you and others learn that in the digital age, information will flow and a tune your profit models accordingly or go out of business.

      If everyone like my employer went out of business, you'd be in deep ****. As I've just explained to another poster, the odds of anyone writing the kind of detailed mathematical libraries we write for a living purely for their own entertainment are slim at best. And yet without those libraries, pretty much every major CAD package on earth would be seriously diminished. That's just a personal example, and the details of my employer aren't particularly relevant to this discussion, but the same holds true of any number of small software businesses that rely on copyright to protect them, as was its original intent.

      Without those businesses, DRM would be the least of your worries. Finding a working vehicle might be higher on the list, or finding health care more up-to-date than what we had in the second world war. But you go ahead, and argue that DRMing you out of Britney is a great loss if it makes you happy. Just don't blame the rest of us when the whole software development industry falls apart, and the only apps left in the world are cloned office suites running on a cloned OS or bespoke applications used by a single business. We'll all be much better off then, thanks to the likes of you.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:No, objective by Anonymous Coward · · Score: 0

      "the odds of anyone writing the kind of detailed mathematical libraries we write for a living purely for their own entertainment are slim at best."

      If someone needs it bad enough then they will pay for it. If they do not need it then they won't. What may happen is those that need it badly will pay for it, then everyone else will benefit from possibly having a copy.

    4. Re:No, objective by Anonymous+Brave+Guy · · Score: 1
      If someone needs it bad enough then they will pay for it. If they do not need it then they won't.

      And when 100 groups can collectively afford the expertise required to develop something of benefit to all of them, but no one individual group can if they're immediately going to give it to their competitors as well, then that development probably doesn't happen.

      Y'know, we could try some sort of mechanism to make it worthwhile to invest in that scenario. We could call it, I dunno, "copyright" or something. :-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  143. OK, economics 101 time (again) by Anonymous+Brave+Guy · · Score: 1

    Please read a basic book on economics. The implications of a technology that could distribute a new recording from a single source to every desktop PC in the world within a matter of hours are rather different from the implications of a copying technology that requires a significant amount of time to copy a whole album/movie and requires physical distribution on media that costs money. The standard "it's not theft, it doesn't harm the copyright holder" argument is mostly waste paper at this point, in case you missed it.

    While you're reading that book on economics, please do the case study on generating income as a practising musician. I know quite a few semi-pros (playing regular gigs with established local bands in their spare time) and a couple of full-time pros. I guarantee you that most of these guys don't make anything out of the gigs; sure, they'll get enough from the bars/pubs/hotels/whatever to cover their expenses and buy a few drinks after the show, but they'd never make a living from it, nor even pay for all the equipment and rehearsal time.

    In fact, the guys who gig for more than pure enjoyment all produce CDs that they sell at their shows, and rely on income from those for a significant amount of their profits. The high street price for CDs actually helps these guys stay afloat, because theirs go for a similar rate, making way more profit than the relatively expensive to produce merchandise. At a good gig with say 150 people in a large bar, they might sell as many as 50 CDs in a night, which makes them several times what they'd get for the gig itself from the bar management.

    I know at least one local group who played a short season of very popular gigs at local bars, sold loads of CDs after the first one, but hardly any at the next four. Was that because they had exactly the same audience five times? Doubtful, because the gigs were 30+ miles apart. So why do you think the drop happened? (Clue: their stuff showed up on P2P within 48 hours of the first gig.)

    Now, you'd like to go up to these guys, and suggest to them that they stop making CDs and just rely on concerts for income. Do I have to do it with a straight face and in a sincere tone of voice as well?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
  144. Re: something to ponder? by rhombic · · Score: 1

    "Guns are legally required to be registered to their owners, unlike copiers or computers, for starters."

    Actually, no. In most places in the US (outside of some major cities and a few east-coast states) there's no mandatory licensing of firearms. Even in those limited places with mandatory licensing, it's usually only handguns. Long rifles and shotguns, by and large, are unregulated. B/c I've inherited or purchased the firearms I do have long before background checking, there is absolutely squat-all record of them by any government agency.

    Not that that invalidates the rest of your arguement, but blasting somebody else for making straw man arguements while makeing unfounded (and incorrect) assertions isn't exactlty convincing.

    --
    1984 was supposed to be a warning, not an instruction manual.
  145. You should be a lawyer by multiOSfreak · · Score: 1
    But when your friend avoids the need to buy a copy of a book, the bookstore and the publisher do not lose anything they had.


    Man, that is some good shit. If you're not a lawyer, you should consider a career change.
  146. Letter of Marque by dbIII · · Score: 1
    Since they're also uploading, they'd have a hard time arguing that you're breaking their copyright - they're helping distribute their copyright material ...
    Do you really think that matters to people that send out automatic cease and desist emails? Making baseless demands and threats of legal action are illegal in most countries - as is tax avoidance, which is certainly practised by many MPAA members. It's your tax dollars at work with these silly laws, not theirs.
  147. shut the fuck up by Anonymous Coward · · Score: 0



    Kano-

    You are a ridiculous fucktard. Every issue always comes back to Clinton with you. Who gives a shit if he got a blowjob from some chick?!?! I certainly don't.

    Tell your hero to shut up with his "Bring them on" bravado while our National Guard troops are getting their asses blown up in unarmored Humvees. Reference.

    1. Re:shut the fuck up by Lord+Kano · · Score: 1

      Every issue always comes back to Clinton with you.

      Only issues that involve intellectual dishonesty.

      Did I bone your girlfriend or something? You seem to really have it out for me.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  148. Take a breath and go back 10 years by dbIII · · Score: 1
    Apple did ... they launched a service that people wanted - not wanted, were crying for
    Lets flash back ten years to 1994. A local record store here made arrangements with a "Independant" record company to burn their tracks onto custom CDs. The customer paid, the record company got paid, the artist got as much as they would have got for any of their work the record company sold. The parent company came in, made noise about it being the end of the record industry as we know it, and shut it all down. It took ten years and a group outside of the record industry for this idea to be re-implemented, we are talking about conservative slow moving dinosaurs here. Even Eminem proves that they still have the same "Elvis had to be white" mentality of half a century ago.
  149. Re:Newgroups? by dbIII · · Score: 1
    I believe Harlan Ellison successfully sued somebody who was posting copies of his stories to alt.binaries.e-books
    Yes, but the silly luddite wanted to get USENET completely shut down in the days before it was effectively shut down by spam. The defence could have been equally applied to try to shut down email or a telephone system. I like his stories, buit he is still a luddite trying to break what he doesn't understand.
  150. Why BitTorrent is Fast by billstewart · · Score: 2, Informative
    The reason it's fast is that _everybody_ who is using BitTorrent to download a file is also contributing their upload resources to the community of people who want to download that file, and if people leave BitTorrent running after they've finished downlading they're also contributing. This means that you're not limited by the bandwidth of a single server like you are with FTP/HTTP, and you're not limited by the bandwidth of a single peer like you are with Napster, and because you're downloading from multiple peers, you can take advantage of the fastest peers as opposed to just the average or slowest peers.

    There are times that single-stream downloads can be faster - if you're downloading from a fast lightly loaded server that has more bandwidth per user than your Internet connection, that's as fast as it gets, while if you're running BitTorrent on an asymmetric connection like ADSL or cable modem and the community of people who want the same file is still mostly downloading, then your download speed ends up limited by your upstream bandwidth until lots more people have the file. But it's pretty common for BitTorrent users to leave their clients uploading after they've finished downloading, particularly for big downloads that run overnight (because if it finishes before you get up in the morning, it keeps running.) There are exceptions - not just greedy leeching downloaders, but also people who download when the community has a lot of spare capacity and low demand, but that's when it's really not a problem.

    Because BitTorrent doesn't need a fast server to support a lot of downloaders, there's also more material that can be published. If you're running your own tracker for the material you're publishing, that does take some bandwidth, but it's a lot less than actually downloading the file to lots of people.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  151. if you suppress upload your download suffers by SethJohnson · · Score: 2, Informative



    Bittorrent is fast as hell because it spreads big data like a virus. If one person were to offer a DVD rip of Spiderman2 on Kazaa or Limewire, how many people are going to really be able to download a 1.5 gig file before the original person decides their bandwidth would be better used by gaming or some other activity? Of those people who successfully got the original file, how many are going to also allow uploads of it and so on? Probably not a lot. In the Bittorrent model, the original host for the file only needs to send the 1.5 gigs of data out a single time. If several other people download it at the same time, then they take the place of the original host and provide peices of it for download. And so on. It's a pyramid scheme that actually works.

    At least it works when people aren't throttling their upload speeds, which is what you are seeking to do. In fact, if you examine your logic, you'll recognize that you are self-defeating in your quest to suppress your upload transmissions. If everyone does that, then your original complaint of slow download speeds will only be exacerbated.

    1. Re:if you suppress upload your download suffers by StikyPad · · Score: 1

      Will only be whaterbated? I have to throttle my upload to about 85% of the limit to ensure ACK packets can still be sent out, otherwise my download times suffer.

  152. Re:Hollywood & this article misses the point a by MikeBabcock · · Score: 1

    How long till Apple releases iVid?

    Downloadable feature-length (or shorter?) movies.

    If I could buy those movies online and download them with BitTorrent I probably would. They'd better be cheaper than the DVDs though.

    --
    - Michael T. Babcock (Yes, I blog)
  153. Anyone else? by traskjd · · Score: 1

    Does anyone else finding it somewhat odd that we have threads like this that are basically bitching about how hard it is to steal IP?

    You have a couple of people who have their own views that IP should be free, but I'm willing to bet that it's

    I know that it's often mentioned that the ethics behind how the parties find users who are downloading material are often questionable but does anyone else find it just as ethically questionable that you can have open and frank discussions on one of the webs more popular sites about how unfair it is that you can't just steal that parties material?

    I realise this probably won't be modded up and that there will be plenty of people who can come up with a million reasons why I'm wrong (fair use if you already own the content but it's protected etc) but seriously, I doubt that's more than a couple of people per thousand that is pirating material.

    - traskjd

  154. cache. by oliverthered · · Score: 1

    Their just holding a 'cache', is you ISP,phone company, work etc.. breaking copyright laws whenever you view a web page, eveything on the internet is copyright, not just the things that end up in p2p networks.

    --
    thank God the internet isn't a human right.
  155. 'Light' DRM is only a temporary respite by gidds · · Score: 2, Insightful
    While 'light' DRM is obviously far more useful than the heavier kind, it's still not a solution, and can't ever be.

    AISI, there are essentially two kinds of DRM: one that allows you to do specific things, preventing everything else, and one that prevents you from doing specific things, allowing everything else. Now, the specific things are arguable in each case, but it's that 'everything else' which ends up causing the biggest problems.

    'Everything else' includes all the changes in technology which will occur in future, the great new killer apps and uses that haven't been invented yet, along with progressive improvements to existing apps uses. But it also includes all the tricks and loopholes that we, er, sorry, naughty evil hackers can use to bypass the DRM. So you can't allow free access to 'everything else' for future-proofing without also allowing it for evil hackers.

    The upshot of this is that DRM will only allow specific things and prevent everything else, and in doing so, ensures that even if it's not a huge nuisance now, it will be in the future. All DRM ends up being heavy eventually.

    --

    Ceterum censeo subscriptionem esse delendam.

  156. distribution. by oliverthered · · Score: 1

    copyright aside, they really need to get rid out the outdated distribution laws. As it stands If I download something of p2p even if I'm not in breack of copyright I'm breacking distribution laws. The kind of laws that prevent shops from buying stright from the sweat shop instead of Nike.

    This law allows the copyright holder the ability to price fix and control how their product enters the market place, it's what makes those $100 trainers $100 even though they only cost $1 to make.

    --
    thank God the internet isn't a human right.
  157. Once they do this, though, they are distributing t by oliverthered · · Score: 1

    Wrong, you can switch off upload in BT, or at least hack the client so your freeloading.
    It will take a while to downlaod though.

    Also, their allowed to distribute the file but you are not. So even if they participate you will still be distributing without the conscent of the copyright holder.

    --
    thank God the internet isn't a human right.
  158. Re:Once they do this, though, they are distributin by Porn+Whitelist · · Score: 1
    If they distribute the file to me, they can't say my copy is infringing, as I obtained it from the copyright holder, who gave it to me knowingly.

    The command-line client (at least under linux) has lots of options - no need to hack it. Just run the client w/o a response file.

    Now, they will know that I've obtained a copy from them (albeit in this case it is now a legit copy). The next problem is for them to prove that I've distributed it to someone else. Kind of difficult, since they can't even watermark the file they've given me without it being different from the file everyone else is getting - so I wouldn't be able to distribute it to an existing torrent even if I wanted to. And neither would they.

    So what are they going to do? The only thing they can do is a "honeypot". But then, they're distributing their own copyrighted material, so they can't say I'm violating their copyright in making a copy of something they've offered me a copy of.

  159. Re: hashes by slimyrubber · · Score: 1
    (If I have access to the source code to Outlook Express email for Windows and I change the screen colors and default fonts, some of the wording and dialog boxes, and put the folder list on the right instead of the left, I can't run around selling it as a new email product called "MailMaster 5000 Pro".)
    Why not? A lot of linux distros are doing that!

    (note, j/k)
    --
    [ I can not bring myself to believe that if knowledge presents danger, the solution is ignorance ] -- Isaac Asimov
  160. PISH by Anonymous Coward · · Score: 0

    Pish and Tosh
    Since when did Hollywood make a film worth looking at?
    Yeah sure, drain my bandwidth for 2 weeks to download your placement ad slops
    See the BLACKACTORS wear JVC trainers and **AUDI** BATHCAPS
    I would rather put my VIRIN MEGASTORE purchaed CD on my BANG & OLDFART stereo than look at that tripe on my 501" SONY PLASMA SCREEN
    Oh its not like they scan your IP traffic or anything.........

  161. Re:Once they do this, though, they are distributin by oliverthered · · Score: 1

    It's called entrapment, the police may not be able to do it but I think it's ok for the RIAA to do it.

    Setup two clients, one distributing copyighted material and the other just downloading.
    As soon as someone connects to download the material get their ip and use the other client to try and download material from the person who's just connected to the first client.

    If the person who's connected to the first client is offering up the material you've just sent them then their in breack of distribution laws (not copyright though)

    --
    thank God the internet isn't a human right.
  162. Acknowledge the Inevitable by Anonymous Coward · · Score: 1, Insightful

    Millions of people are downloading, for free. That price is hard to beat you know. And it's not only free as in beer. DRM is a PITA no matter how you look at it. It's an ad-hoc constraint on something never intended to be constrained.

    The way the Internet works today, free P2P downloads will always be cheaper, in terms of convenience as well as price.

    Millions of people have already tasted the forbidden fruit; don't expect them to turn back.

    Rather than trying to change reality to fit the law, how about changing the law to fit reality? Copyright obviously doesn't give a dime to pirated artist. we need something better. Piracy is the symptom, not the disease.

    As a sidenote to the whole copyright discussion, what will we do when we can reproduce food etc as cheaply as information today? Ban that as well, because it will change our world?

  163. The [ weak defense] You Can't [use] by Anonymous Coward · · Score: 0

    "yeah, joe teen burgerflipper in europe should stop downloading the daily show and instead gather a business plan and invest in distribution channels, good thinking."

    Former "Joe Teen Burgerflipper" is quite capable of implimenting the Non-"Obsolete Business Model" being suggested to the current "obsolete business model" holders.

    Now if he can't, why should the current "obsolete business model" holders even try?

  164. ABC Limits Upstream Bandwidth by clbyjack81 · · Score: 1
    ABC (Another BitTorrent Client) has a global upload setting that allows you to limit your uploading to a specific value (ie 15 KB/s) as well as discontinue uploading automatically at a set time after file download completion. You can also queue downloads. Well worth the download, in my opinion.

    --
    Cole's Axiom: The sum of the intelligence on the planet is a constant. The population is growing.
  165. Re:Wrong again by Anonymous Coward · · Score: 0

    when you often download 1 second of video on certain formats you get nothing at all as far as viewable content... It just won't play because it just flakes out because you need the whole frigging file (yes some formats work fine, but ever try to download a file for a few minutes and try to watch it? it may not even play) . It's like breaking a dvd into peices and melting it and then making copies of the plastic parts and the copy right owner gets pissy even though they only proof that they have that it is there work is that you labeled it as such.

    The main problem for them is that Bittorrent downloaders are leachers mostly and just download the movie and immediatley disconnect. They aren't going to be online permantly so that movie companies can just poll one a week for something and see if it's still out there. (except the seeders).

    Then again if people were smart they'd name the files being downloaded something else and just have some key to figure out what the file name was.

  166. DRM is death by Anonymous Coward · · Score: 0

    Just say NO to DRM! Do not weaken!

  167. Explain Why IP Blacklists Are Useful by EventHorizon · · Score: 1

    It sounds like PeerGuardian blacklists a huge portion of the IPv4 address space under the guise of providing protection from the RIAA/MPAA.

    Can someone please explain why that is useful, and not harmful?

    Given that PeerGuardian is freely availible, its address list is freely availible. What prevents the RIAA/MPAA from just obtaining addresses that are NOT on the list (I'm pretty sure they can afford a new cable modem each day)? How do you compensate for the false blocking of "legitimate" high performance peers which use one of the >1e9 blacklisted IPs (1/4 of the IPv4 space)?

    It sounds like PeerGuardian is just another troll security app, possibly designed to bundle spyware and/or whore itself out for attention, ad revenue, etc.

    Sigh. I guess self-delusion is as popular as ever.

    Be suspicious of all security software, especially if it lacks OpenBSD support

  168. I'd like to read the article, but... by Jafafa+Hots · · Score: 1

    peerguardian blocks that site.

    --
    This space available.
  169. What if... by a+whoabot · · Score: 1

    ...what if, instead of trading movie data in which algorithms are used to play, you trade complicated(large!) algorithms which then "play" data that already exists on your computer.

    Would this be copyright infringement? You're not trading the work, you're trading a tool to create a simulation of the work. Just like a tool like Windows or BitTorrent can be used to commit copyright infringement, so can this.

    Perhaps a better example...

    Say in the future when the internet has grown much larger: it has just taken on such a massive proportion. Say there's a billion fansites for the movie Pulp Fiction, each one with a still from the movie, certainly fairuse: a single still from a movie on a fansite. (For the sake of this argument, let's just assume they're fair use). That if you traded an algorithm(MUCH less complicated than the first one!) that could collect all the stills from these sites? Again, would distributing this algorithm be copyright infringement?

    Say you had a very large computer with much storage space. You then develop some algorithm which can generate a long string of random data forever. Constantly, and at some amazing speed, creating new data. The algorithm can also allow a user to select a beginning and ending position in the string to extract whatever string of bits as a seperate "work" and then apply whichever DivX and mpeg and jpeg codecs they have. This algorithm can effectively create movies, images, songs that seem intelligble. And, at such a rate that when people create works, they have already been creating in a way not significantly distinguishable to be a different work, by this machine. I could already create this algorithm/program, wouldn't be too hard, although I couldn't use it to create such an amount of data considering resources. But I could create the algorithm. Considering such a situation, it doesn't look like an algorithm for creating a work is sufficient to achieve a copyright on the work it can create. If it was I'm sure someone would do this and gather a monopoly on all possible future works.

    From this I link to my original question: are algorithms like the ones described in the first two questions copyright infringing? If they are, then, considering the inverse, how is the algorithm in the third example not copyright creating?

    But, let's say the largest copyrighted work is some movie that's 10 hours long for argument. It can be stored with significant semblance in some avi file that is 10GB big, say. I think the current suits have shown that avi files of movies with significant semblance are copyright infringing. Say, though, that you had a file of just 10GB of totally random data. This theoretical, largest copyrighted work can be played from this file with some algorithm and all other copyrighted works can too, with various algorithms. Is trading this file copyright infringment? It's just random data.

    If the conclusion of the first three examples and questions is that trading an algorithm that can play from "random" data works with significant semblance to copyrighted works is not copyright infringement, and the conclusion of the last example is that trading random data is not copyright infringment, then...what the hell is copyright infringement?

  170. Wrong As well fucktard by Anonymous Coward · · Score: 0

    Actually, there is no "fair use", period. If you copy anything, no matter what the source, unless you're the copyright holder, you're breaking copyright law. The common excuse is "well, I need a backup in case the original is ruined". Well, if you buy a car, you can't just "Steal" another car for backup. If something happens to the car that you own, or if you want one for backup, you have to purchase a new one. If you don't like those restrictions, write your own damned music, otherwise shut up. Music is not essential to live.

    1. Re:Wrong As well fucktard by cpt+kangarooski · · Score: 1

      Actually, there is no "fair use", period.

      No, that's also wrong.

      Fair use is codified at 17 USC 107 and was originally created by and applied by the courts as far back as 1841. No one credible doubts its existence.

      If you copy anything, no matter what the source, unless you're the copyright holder, you're breaking copyright law.

      Also wrong. First, not everything is copyrighable subject matter. Second, not all copyrightable subject matter is in fact copyrighted. Third, numerous exceptions exist as to copyright, as can be readily determined by perusing 17 USC 107-122, for example. Fourth, copyright holders can authorize others to engage in otherwise infringing activity.

      To be honest, the other guy was closer to the mark than you are. You're way off.

      --
      -- 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.
  171. Re:Once they do this, though, they are distributin by Minna+Kirai · · Score: 1

    It's called entrapment, the police may not be able to do it but I think it's ok for the RIAA to do it.

    By legal definitions, this is not "entrapment", although by natural English-language meanings.

    Police officers cannot commit entrapment, but they can for example buy cocaine from someone and then arrest him for it, which is not much different from downloading P2P files to find out who's sharing them. To be a legal defense, entrapment must be much more involved than just quickly asking someone to do a crime.must be more in

  172. Re:I don't think BitTorrent will be much of a prob by Anonymous Coward · · Score: 0

    Number of peers/seeders/leechers 961824/216876/745265
    Number of torrents 59577

    Yeah, the admins sure are the ones who've uploaded all those torrents...

  173. Fair Use? by L0k11 · · Score: 1
    Morally? The morality here is pretty complicated but I don't see how uploading could be imoral but downloading not. The real question to me (and the courts) is the legality. In a simple electronic upload/download transfer, where and when does the illegal copy happen?

    When you upload in Bit Torrent its highly unlikely that you would upload the entire file to someone (unless seeding) most of the time you would only send small chunks of files... could this potentially allow you to claim fair use? As you are only really sending other people "samples"...

    --
    "Those who cast the votes decide nothing. Those who count the votes decide everything" -- Josef Stalin
  174. Re:Once they do this, though, they are distributin by oliverthered · · Score: 1

    Entrapment would be giving someone a kilo of coke.
    Then getting someone else to try and buy it off of them.
    And then arresting them for dealing coke.

    --
    thank God the internet isn't a human right.
  175. Re:Hollywood & this article misses the point a by TiggsPanther · · Score: 1

    Those are a lot of good questions. I wish that people within the industry itself would answer them, but here's some best-guesses.

    Why can't "Hollywood" adapt to technological change instead of fighting it ?

    The technological changes threaten their business model, and they can't/won't accept this.
    The various distribution industries (print, music, movies) sprung up and thrived because they could do what no-one else could. The reasons they could thrive, however, are increasingly obsolete. There's no way they could embrace modern technology and maintain their current prices and control - and they seem rather reluctant to give those up.

    Why can an unemployed programmer sitting in his apartment out-inovate a handful of multi-billion dollar corporations ?

    Simple difference in focus. A programmer trying to make data transfer more efficient makes sense. To people in the entertainment industry, however, something like BT runs totally against their way of thinking so they'd probably not even consider anything like it happening.

    (added numbering mine...)

    Why would people want to download in the first place ? [1]Is it because ticket prices are too high, [2]and the cost of soda and popcorn is almost offensive ? [3]Do people in one country want to see the movie as soon as people in another country ?

    1. Sometimes yes. Plus it's not just the ticket price. Unless you live within walking distance of a cinema there's often the price of parking or public transport to factor in.
    2. Yes. Overpriced food and overprice and oversized drinks are a pain. Pay four time the price you want for twice the drink you want, then needing to visit the bathroom before the film ends without the ability to pause the show.
    3. Definitely. Things are getting better. Several years ago we'd probably still be waiting for The Incredibles to be released here in the UK until February. There did used to be a three-to-six month lag.
      It's not as bad now, but they still seem to think that people don't mind waiting. They also tend to advertise films months in advance, and then wonder why people download a copy when the American release happens a month before the UK one.

    There are also one or two factors that they don't think about. Like what if people don't want to actually go to a cinema.
    I have social anxiety issues. I loath crowds, and tend to panic in the presence of too many people. Obviously this makes popular films a bit of a trial. I did wait to see the Incredibles when it came out officially, even though I could have probably downloaded it instead. I'd been ready to see it weeks earlier. I chose to stay legal...
    ...then ended up in a crowded cinema full of noisy kids and little available space. At one point I wondered if staying ethical had been worth it.

    Is the loss of revenue real or imaginary ? Is their existence really threatened ? Are movie industry profits really sliding ? Are American high school kids really going to start staying home instead of going to the theatre ?

    I'd say these questions are less straightforward. There probably is a loss of revenue and profits are probably. And of course their existance is threatened. Even if there was a legal internet-based alternative it would threaten the current model - which probably explains why they haven't embraced it.
    If I'm honest I'd have to admit that such filesharing is probably one of the contributing factors to any difficulties "Hollywood" may be having. However I'd say that Hollywood itself is probably source to some of the other factors. Expensive stars, huge SFX budgets, and advertising... Yes, spend huge amounts of money on full-cinema-screen trailers before the film's even finished production and that's going to eat into your profits somewhat. Plus if you hype it too early the people are goi

    --
    Tiggs
    "120 chars should be enough for everyone..."
  176. Re:switch to another product by zmollusc · · Score: 1

    ............ and they will be replaced by other companies with lower overheads.

    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
  177. owning what? by kardar · · Score: 1

    Reducing ideas to real property - no you can't, but you can pretend. If you believe in property rights at all, it's important to act as if intellecutal inventions that aren't physical objects are real for the purposes of justice. That's the concept of "IP" - of course it's not a physical object that you can touch, see, etc..., but that characteristic in and of itself should have no bearing on whether or not it is treated as property, and whether it can be "owned" by someone.

    Look at some tribal societies across the world and throughout history, where there was (is) no concept for ownership of land. These societies might argue something along the lines of "No one can ever own a mountain, a valley, or a prairie. The notion that you can own a piece of mother nature is absurd". See? Drawing the line at the real vs the not real isn't the right thing to do.

    The right thing to do is to look at your societies' laws concerning property rights of physical objects, whater those might be, and then apply those property rights to intangible objects. That's the logic, and it's quite simple, really. Doing the right thing with regards to property rights sometimes goes against the types of self-interested instincts that we naturally have as human beings - if these self-interested tendencies are to somehow be tapped and turned into something beneficial to society in the realm of the intangible, it follows that they might as well be tapped and turned into something beneficial to society in the realm of the physical, as well - that is, if it's such a good idea that there be no property rights for intangible objects, then that very same "good" idea would also need to apply to physical objects, like it does (has) applied in some societies throughout history.

    Seeing as how many cultures have held the view that it is impossible to own land and other physical objects, it is not a question of physical vs intangible as much as it is a question of what property rights the culture that you live in finds are appropriate in general, across the board. It's not exactly something that people want to hear, but sometimes that's the way life goes.

  178. Re:Once they do this, though, they are distributin by laughingcoyote · · Score: 1

    IANAL, but my read on this issue is:

    1. The legality of -downloading- is still indeterminate, as thus far no one's been sued. (In fact, no one's -actually- been found against for uploading, they've all settled. However, chances are, if anyone tried to defend it in court the **AA in question would almost certainly win, which is likely why all the lawyers have advised settlement.)

    2. If they just want to bust people for uploading, they could probably do that by logging into a torrent and getting you to send bits of the file to them. However, they would have to GET data, and a program like Peerguardian/Protowall would likely keep them from being able to do so, since it blocks all known "bad" IP's. Seeing your IP address wouldn't be enough, that doesn't prove distribution, only that you're connected. They would have to get data from you that they could identify as infringing. The size of that data, however, likely wouldn't matter-distributing a few KB of the file still shows you're involved in distribution.

    3. If they wanted to go after people for DOWNLOADING, however, they're probably screwed so far as Bittorrent is concerned. The posts saying that they are the legal copyright holders and have the only right to distribute are correct, at least so far as US law is concerned. HOWEVER, if they log onto a tracker and distribute them, that distribution is lawful, and therefore you have every right to have every bit they send you, since it's being sent either by the copyright holder or a licensee thereof. Effectively, this would be similar to the MPAA putting a link on its website saying "Download the entire Lord of the Rings trilogy here for free!" and then suing everyone who clicked it and made the download. That would be laughed out of court. Since they or anyone they authorize to distribute (whether just for tracking purposes or anything else) is, by definition, a licensed distributor, then they are choosing to distribute the file to you via that medium if they log into a torrent and begin to upload it. (Or if they make it available on Kazaa, for that matter.) I suspect this is why there have been no lawsuits so far over downloading-I'm not sure if entrapment comes into play here, but it's easy to say "They're the authorized distributor, and if they know I downloaded it, they distributed it to me, therefore I have it legally!"

    4. It wasn't in parent, but I saw somewhere about the "police breaking down your door and finding the evidence on your hard drive." Police do not break down your door to discover evidence of a civil offense, and thus far, have been largely unwilling to criminally pursue anyone but large pirate syndicates who are making and SELLING pirated copies. Quite frankly, they're right in this, the police and FBI have better things to do with their time. (Of course, the argument could be made that the RIAA and MPAA could also make better use of their time and money to make and market products that people would WANT to buy, instead of every tenth movie being halfway worthwhile and 40-45 minute CD's on discs we all well know can hold about 80 with one or two radio songs and the rest "filler." They might also consider lowering the price of their products. You know-making better products, lowering price, the stuff non-monopolies have to deal with every day.)

    --
    To fight the war on terror, stop being afraid.
  179. Industry assumptions by gilesjuk · · Score: 1

    They seem to assume every pirate copy is a lost sale, it's not the case. Plus cinema "pirate" copies are a symptom of how weak some blockbusters are, people would rather watch poor quality camcorder recordings than spend their money to watch the latest dross.

    The fight of the home cinema vs the multiscreen cinema has also begun. TV affected cinema visitor numbers and so widescreen was born as a gimmic to attract more visitors. DVD, widescreen TVs, projectors and 5.1/6.1 sound at home has shifted the balance again.

    Lets face it, cinemas can be noisy and for real film ethusiasts it's annoying to have some kid sluping on a drink when you're trying to listen to the dialog.

  180. You don't have to Share... by TheKarateMaster · · Score: 1

    If for some reason you were cheap enough to NOT want to upload said file, you can get a firewall (I use the free ZoneAlarm). When it says btdownloadgui.exe is trying to act as a server, deny it permission. The one time I did try this, there was no upload, so barring strange coincidences, this is how to stay legal.

    That said, don't do it. Don't ruin BitTorrent.

  181. Unprotected Wireless Access Points by Anonymous Coward · · Score: 0

    In the apartment complex where I live, there are atleast 5 OPEN access points available to me.
    If I connected to those, and then ran P2P software, how could they trace it to me ?
    I myself don't know where these access points are, so it'll be impossible for them to know where I am, especially since they'll not even know to look till they get sued by the RIAA.

    I'm not saying I do this, I'm saying it's the perfect decoy.

  182. Re:Once they do this, though, they are distributin by oliverthered · · Score: 1

    2. 'all known "bad" IP's'
    Dial up, or just use a new IP, the ip had to be 'known' first.
    Also you have to get at least 15 seconds of a file (i think?), your allowed to distribute clips and quotes without breaking copyright.

    3. I don't think they can go after anyone for downloading, since the server is sending me a copy it is breaking the law, but they can go after you if you try and redistrubite.

    --
    thank God the internet isn't a human right.
  183. Re:they need to tour constantly, by Nodatadj · · Score: 1

    Touring however is not their job.
    Their job is making music.

    And touring really is a 24hour a day experience, and again, seeing as this is supposed to be the way small indie bands make their money, they don't usually have very much of a road crew.

    To give an example, Explosions in the Sky, who toured Europe for 4 months solid, played their shows every night for those 4 months, gave so much energy in the performance that they would collapse on stage by the end (including the drummer), then after a 5 minute breather were back on stage to dismantle the equipment and pack up...

    If that is the only way for a musician to make a living, then something is sick and wrong.

  184. Oh no's! by Mechasloth431 · · Score: 1

    Unawesome, I hate how people can currupt anything. Bittorrent was a brilliant and beautiful idea and product however certain unamed places use it for evil and such. I hope no one blames Bittorrent that would make me have to decapitate someone with a spoon

  185. Re:they need to tour constantly, by zmollusc · · Score: 1

    Oh, so it is examples you want? A relative, a civilian worker in kuwait is currently doing a 4 month stint on 12 hour days, 7 days a week and it is 120 F in the shade (if any). Over 100 straight days before you can even ask for a day off.
    Ok so nobody forced him into it, the point being that musicians don't have the worst of it by a long chalk and stand a chance of making some real money if they are lucky. The ordinary working stiff, if he is really good at his job, will be able to do his job until he drops dead.
    Your job is whatever you can get people to pay you to do.

    --
    They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.