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MGM v. Grokster: Here's Why P2P is Valuable

Briefs defending Grokster's right to exist were filed yesterday in MGM v. Grokster, from Intel, Creative Commons [PDF], and many others. Among them, 17 computer science professors laid out the case for P2P, beginning with principles: "First, the United States' description of the Internet's design is wrong. P2P networks are not new developments in network design, but rather the design on which the Internet itself is based." Pointedly, the EFF compares this case's arguments to those made over 20 years ago in the Betamax case, which established the public's right to use video-copying technology, because of its "substantial non-infringing uses," even though many used videotape to infringe copyright. We'll soon see whether that right will extend to peer-to-peer software: the Supreme Court takes this up on March 29th.

92 of 732 comments (clear)

  1. Excuse me while I bang my head on the wall by ackthpt · · Score: 5, Insightful
    "First, the United States' description of the Internet's design is wrong. P2P networks are not new developments in network design, but rather the design on which the Internet itself is based."

    This is why I bang my head on the wall so much when I hear people get completely wrong simple things which really aren't technical, yet appear to excuse their manglings as acceptable because only wizards with great intellects can fathom it. Probably has a lot to do with the same mentality which says, "it's ok to give up some of my rights in these trying times, it's for the good of the country."

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Excuse me while I bang my head on the wall by fishbowl · · Score: 5, Insightful

      "it's ok to give up some of my rights in these trying times, it's for the good of the country."

      It is okay for you to give up your rights.

      It stops being okay when you try to give up MY rights.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Excuse me while I bang my head on the wall by garcia · · Score: 4, Insightful

      What I don't understand is why it even has to go this far. P2P applications are the same as any other network transmission medium.

      HTTP, FTP, SMTP, IRC, SCP, blah blah blah blah blah, can all be used to send files across the Internet to another party.

      P2P has its legitimate uses as does any other object. P2P has its illegal uses as does any other tool. Obviously the lawyers would have a field day if P2P was banned...

    3. Re:Excuse me while I bang my head on the wall by telecsan · · Score: 2, Insightful

      They didn't really get it wrong, though. P2P is the same idea as the internet (at least at a non-technical level). Free exchange of information between computers. Really, all napster did was combine a web-server, search engine, and client browser interface, and tailor it specifically to music. Imagine that the mp3's had been posted on a website, and that google built a separate search engine for music. How is that fundamentally different from what P2P software does? Yes, I understand how some of the solutions are technically ingenious (read bittorrent), but the innovation is going on to make it easier to use, not to fundamentally change the design of the internet.

    4. Re:Excuse me while I bang my head on the wall by DAldredge · · Score: 4, Funny

      But, judging from your low /. UID, you are a useless hippy who hates America and Jesus.

    5. Re:Excuse me while I bang my head on the wall by NoMoreNicksLeft · · Score: 3, Interesting

      It's not the protocols they worry about, but the people. P2P allows for alot of like-minded people to get together, not unlike a mass demonstration on the steps of the Capitol building. Just like the police would start arresting any large group of people (no assemblies of more than 3 people in any one place), they have to do the same online.

    6. Re:Excuse me while I bang my head on the wall by nine-times · · Score: 5, Insightful
      P2P has its legitimate uses as does any other object. P2P has its illegal uses as does any other tool. Obviously the lawyers would have a field day if P2P was banned...

      I've just been arguing this elsewhere. Claiming P2P networks should be banned because it's used to share copyrighted works is like claiming that HTTP should be banned because web pages are used to slander people, or that knives should be outlawed because knives are used for stabbings. And it doesn't end there, screwdrivers and pencils can be used for stabbings, hammers can be used for bashing people's heads in, and cars can be used for running people over.

      However, the designs of all of these tools are morally/ethically/legally neutral, as is the case with tools in general. Moreover, the internet is inherently a P2P system. There really isn't an inherent difference between "client" and "server", nor should there be. Because of this, I'm not sure how lawmakers/judges intend to draw a conclusive line between P2P networks and other network traffic, effectively censoring one protocol without destroying the Internet in general.

    7. Re:Excuse me while I bang my head on the wall by Taladar · · Score: 3, Insightful

      What is wrong with hating America and Jesus?

    8. Re:Excuse me while I bang my head on the wall by justforaday · · Score: 2, Insightful

      Summed up very nicely by Intel from TFA: "Digital technologies are by their nature copying technologies; there will always be a risk that any digital technology, however well intentioned its designer, will be put to infringing uses."

      --
      I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
    9. Re:Excuse me while I bang my head on the wall by demachina · · Score: 3, Interesting

      Its a little off topic, but there was a brief breath of fresh air for civil liberties monday when a Federal judge, appointed by George W. no less, found George W. and John Ashcroft had no constitutional authority to hold an American citizen indefinitely without charges or any due process. Jose Padilla, was arrested in the U.S. and had set a precedent where the Bush administration could arrest and detain ANY American citizen in perpetuity without any due process or even access to a lawyer. That is the definition of a police state.

      Of course the government will appeal in hopes of finding a friendly court, probably in Virginia. Last time this case made it to the Supreme Court they punted on a jurisdiction technicality and let the person rot in jail for a while longer while it was filed in South Carolina where Padilla, a civilian, is being held in isolation in a Navy brig. Padilla may be an Al Qaida member, and might have been planning terrorist acts but if there is any shred of our constitution left the government has to lay charges and prove it in a court of law, and not in front of a kangaroo court of a military tribunal.

      On a less happy note I found thisarticle nteresting about an obscure defense contractor called ESSI who with the help of George W.'s Uncle Bucky has rocketed to being a major defense contractor, and is specializing in war profiteering in Iraq, mostly thanks to sole source contracts steered their way by friends in the Bush administration. Uncle Bucky was apparently tipped off that the Pentagon was going to launch an investigation of how they were landing all these juicy sole source, no risk contracts, and dumped a half million in stock just before the bad news came out. It sure is great to be a Bush and friend of the Republicans these days

      --
      @de_machina
    10. Re:Excuse me while I bang my head on the wall by Anonymous+Custard · · Score: 2, Insightful

      It sure is great to be a Bush and friend of the Republicans these days

      Well yeah, there are certainly some benefits to selling your soul to the devil. It's a lot easier to move ahead by lying and stealing than through hard work. But I'd far rather be an honest, humble person than a rich cheater doomed to hell.

  2. Re:I'm not confident by ari_j · · Score: 3, Insightful

    1. Save the children! The Supreme Court is out to kill children, so it's safe to assume that they're also out to make mistakes in their rulings.

    2. Corporate lobbyists are always in the Supreme Court telling the justices how to rule, and the justices rule as the lobbyists tell them to.

    3. The sky is green.

  3. Re:I'm not confident by kidgenius · · Score: 5, Informative

    No, it's not the right to execute children. 44% said that is ok to execute people who committed these crimes as children. There is a huge difference. In Arizona, there are 4 inmates who now won't be executed. They all are now in their late 20's and early 30's. They are incarcerated for crimes they committed when they were not yet 18. I am not advocating capital punishment at all, but I do think that you should understand what was decided.

  4. P2P + BitTorrent by Virtual+Karma · · Score: 2, Insightful

    All we need is a P2P BitTorrent and it will do away the need for torrent hosting sites like LokiTorrent and SuperNova

    1. Re:P2P + BitTorrent by Tha_Big_Guy23 · · Score: 2, Informative

      They're working on it now... check out exeem.

      --
      If you're looking here for something insightful or thought provoking, you're probably looking in the wrong place.
    2. Re:P2P + BitTorrent by NoMoreNicksLeft · · Score: 5, Insightful

      No, you need anonymity. Without a strong anonymity model, everything else is pointless. You warez kiddies have ran from one lame layer 7 protocol to the next, like rats fleeing a burning building.

      And while we're on the subject of anonymity, you might want to do the anonymity at layer2/3, instead of some lame-ass protocol that will be too limited 6 months after it gets big.

    3. Re:P2P + BitTorrent by NoMoreNicksLeft · · Score: 2, Interesting

      If you and I setup an openvpn tunnel, that's sort of at layer 2, right there.

      If you then setup a tunnel to someone else, and dont tell me who they are, but route packets back and forth, I can ping a person whose identity is a mystery to me.

      If they in turn, connect to a 4th person, and we get the routing right, you can ping that person, who is anonymous to you, also.

      If we set up a sane, manageable architecture that minimizes the number of direct connections you need, we can build a large network, perhaps an entire /8, with only the tiniest fraction of them known to you. More so, some people would be 10, 15 hops away... very anonymous. You might make it a policy to only deal with those people, so that they can't have any good way of knowing who you are.

      We could have dns, websites, email, irc, and lord knows what else. We could make it a policy to choose only international partners... if you geoip them, and they're in the same country as you, don't let them in. That doesn't keep the FBI out (if you're in the US) but it makes them work harder. They'd have to rent a shell, and wait in the hopes that an american invites them, after all. If they do get lucky, well, they can arrest you, and cut off their only access to the network.

  5. Is this MGM versus P2P or MGM vs Grokster? by 91degrees · · Score: 3, Insightful

    P2P has been established as a useful technology. Nobody is denying this. Nobody wants it to be banned (at least they're not officially).

    Grokster is an application of P2P technology that appears to exist to allow people to swap copyrighted files without permission.

    They are not the same thing. MGM just wants Grokster and StreamCast banned. Not P2P itself!

    1. Re:Is this MGM versus P2P or MGM vs Grokster? by GeckoX · · Score: 3, Insightful

      What do you think the RIAA and MPAA have been up to these past few years? Protecting the proper use of P2P channels?

      You're either extremely naive, or you work for one of the **AA's.

      --
      No Comment.
    2. Re:Is this MGM versus P2P or MGM vs Grokster? by Ironsides · · Score: 4, Insightful

      If MGM manages to get Grokster and Streamcast banned, it is quite likely that it will be used as a precident to ban other P2P networks and technologies. This especially includes BitTorrent.

      --
      Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
    3. Re:Is this MGM versus P2P or MGM vs Grokster? by Shaper_pmp · · Score: 3, Insightful

      Granted, but this is a technical distinction that may well subsequently be lost when future judges look to this for precendents. Grokster is being attacked because people are using it to trade copyrighted material, but short of the *AA implanting everyone with DRM-enabled brainchips, to a certain degree this is/will be true of any P2P system, ever.

      Given this state of affairs, a decision against Grokster ("a P2P client which is used to trade copyrighted works") could well set a precedent that is used to take down any P2P system (given they'll all be used to trade copyrighted works some some degree).

      Additionally, the *AA has been pretty indiscriminate about attacking P2P wherever it arises - even BitTorrent is being attacked at its weakest link (the peer/file discovery process - Suprnova, Lokitorrent, etc). It seems pretty clear (to me, at least) that, given all P2P systems will invariably be used to share copyrighted works, the *AA are against P2P as a concept.

      The essence of P2P is that users can share what they like, how they like. If the *AA are against this unfettered use of P2P, they are against P2P.

      --
      Everything in moderation, including moderation itself
  6. Re:I'm not confident by calibanDNS · · Score: 5, Insightful

    This isn't true. Four of the nine justices were of the opinion that it is not unconstitutional to sentance minors to the death penalty, this doesn't mean that those justices believe that it is fine to execute children. It is the justices' duty to make decisions based on their interpretations of the constitution and laws, not based on their personal opinions. For evidenece of this, look at their decision in the Flag-burning case (I'm too lazy to look up the name of the case). Justice Scalia, who is opposed to flag burning, was the swing vote in the case which upheld our right to burn the US flag. If you ever get the chance to hear him speak, ask him about the case and he'll tell you that it was one of the toughest decisions he had ever made on the court at the time.

  7. Uh, dude... by ackthpt · · Score: 2, Insightful
    44% of the Supreme Court thought its fine to execute children. I'm not confident they're going to get this right, in the face of substantial corporate lobbyists.

    the first is a moral issue, which has little bering on corporate profits (except the sick little monkeys in the execute-minors-industry). This case has to do with fear. Fear of losing control of 'properties'* and fighting tooth and nail (and no small amount of kicking under the table) to strangle consumption of their goods. Get the crap out there in volumes and at fair prices and pirates will be a thing of the past. Withhold it and then even rip off consumers with alleged-Widescreen (cropped from pan-and-scan) and you get those around the cracks and seams who will provide for themselves.

    *most of which should have fallen into the public domain, by now, including a well known mouse caricature.

    --

    A feeling of having made the same mistake before: Deja Foobar
  8. Oral Arguments by ari_j · · Score: 2, Interesting

    Oral arguments in this case will be held March 29. I am strongly considering making the trip up to DC for this one, especially since it's on a day when I only have one class and, frankly, MGM v. Grokster is slightly more interesting than Criminal Law. But my newfound loyalty to class attendance (compare to my undergraduate days, when I actually had a class that I only went to for exams and to get the syllabus the first day (I got a B)) will probably trump any desire to hear what the Supreme Court justices have to say on the matter in their colloquy with counsel.

    Is anyone in the DC area going to go?

  9. If P2P is so valuable... by Mori+Chu · · Score: 4, Insightful

    If P2P is so valuable, then everyone who uses it to steal movies and music should realize that they're abusing something important. Those of us who use BitTorrent to get Linux distros and legal content don't really appreciate the fact that 30% of the entire Internet's traffic is from the transfer of pirated BitTorrent files, especially if that potentially leads to anti-P2P legislation.

    1. Re:If P2P is so valuable... by timjdot · · Score: 4, Insightful


      Another point is that people who otherwise could not get published by Sony and Viacom can now self publish. There are lots of sites with music and videos on the Internet other than those of the RIAA cartel. This is what they want to stop. If they can kill any distribution mechanism other than their own then they can stop progress. Ha!

      Unfortunately, these music companies have largely outlived their usefulness to society. Within a few decades we'll be able to preview new music by search engines rather than visiting the record store.

      The music industry is one generation behind the SW industry. I was diappointed to find I cannot write SW products for a living other than integration but do realize the over-supply of SW generally drives progress. Likewise, we'll see an over-supply of music. Related to this is the over-supply of food: if someone from the 1600's walked into a grocery store today they'd be flabergasted. That's how the music industry will look to us by the end of the century.

      MPIAA/RIAA is still trying to force people to buy buggy whips.

      --
      Expect Freedom.
  10. No, No, No by geoffrobinson · · Score: 5, Insightful

    44% of the Supreme Court felt that policy decisions, like this one, properly belong to state legislatures. Please read Scalia's dissent.

    I don't even want to debate whether it is cruel AND unusual (don't forget there is a conjunction) is a good or a bad thing. The point that people on both the right, left and center have to get into their collective heads: just because you like or dislike the results of a legal decision doesn't mean the legal decision was good or bad.

    I don't like X. X was outlawed by the decision. Therefore, the decision was good. Well, this past decision was shotty?

    You should be more worried that 6 justices (I'm including Conner) pretty much follow whatever whim they have and then try to back it up with shotty legal reasoning. That's why you should worry. I have no idea how those members of the court will judge something Constitutional or not. They are like boats set adrift on the ocean.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
    1. Re:No, No, No by UserGoogol · · Score: 2, Interesting

      I've always parsed it as cruel punishment and unusual punishment, just like saying "Import and Vintage cars park in the D lot." Although it's hard to say for sure, because English sucks.

      <rant type="creepy-technotopian">Curse those founders for writing the constitution in English! Natural languages are terrible at writing laws in them. Far too vague. We need to invent an artificial language to write laws in! Then they could be parsed by computers!</rant>

      --
      "Never attribute to malice that which can be adequately explained by stupidity." -- Hanlon's Razor
  11. EFF by Aaron+England · · Score: 5, Insightful

    This is why I contribute.

    1. Re:EFF by Just+Some+Guy · · Score: 2, Interesting
      I was an on-again-off-again member until somewhat recently. My state government (Nebraska) proposed an "anti-spam" law that would make it illegal to create or distribute software that's designed to hide the identity of the sender. I happened to be the author of a program expressly designed for this purpose, and under the definitions in the proposed law, I would be guilty of a low-level felony.

      Never mind that my program would be completely, utterly useless as a spam tool. It acts as an interface to the anonymous remailer network, with is only somewhat reliable at best, and could not possibly support the high volume of messages a spammer would want to broadcast. Nonetheless, I have a wife and kids and didn't feel like being the poster boy in the fight against a stupid law.

      So, I wrote an explanatory letter to the EFF to ask for their advice (and possibly their assistance) in killing the proposition before it became law. To this day, I've never received so much as an email in response. I know that my message was delivered (maillog said so), but when it was my back against the wall, the organization I've donated to for years (to the point of buying memberships as birthday presents for geeky friends) was nowhere to be found.

      I still like and respect the EFF - they do good things and I support their goals - but I'm no longer under the illusion that I can count on them when things go bad. Don't let my story stop you from donating to them, but neither should you go ahead and write that law- or patent-violating program with the expectation that you have friends who will step up to the plate for you.

      --
      Dewey, what part of this looks like authorities should be involved?
  12. You're honor, my opponent is an idiot. by Thud457 · · Score: 2, Interesting
    "First, the United States' description of the Internet's design is wrong. P2P networks are not new developments in network design, but rather the design on which the Internet itself is based."

    BURN!
    Fucking awsome!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    1. Re:You're honor, my opponent is an idiot. by timjdot · · Score: 2, Informative

      "First, the United States' description

      ... and for whom do the justices work again?

      As in the MSFT case, the US legal system has shown absolutely no concern for technical facts. (Remember the insanely ludicrous claim that Internet Browsing was part of the OS? Such BS should have been grounds for immediate loss of the case for MSFT - if you think you can boldfacedly lie in court, well, you must be in America, a land where even the President lies in court and gets off basically scott free.)

      Unfortunately, reason has little to do with the US court system. Thanks to idiots like United States District Court Judge Colleen Kollar-Kotelly. When we look back at the lack of advancement in the tech field in the last decade, she stands tall as a prime culprit.

      --
      Expect Freedom.
  13. I hate professors by jgalun · · Score: 3, Insightful

    This has nothing to do with P2P as a method of communicating data. This has everything to do with the providers of P2P networks providing reasonable safeguards against copyright infringement, which, like it or not, is the law of the land.

    Saying that P2P is an important network standard and therefore grokster cannot be held liable for what it enables with its software is the equivalent of saying that, since libraries are essential to the transmission of information, the government cannot request that the book "Practical Guide to Terrorist Attacks" be taken off library shelves.

    There is a difference between eliminating a transmission method and policing the items that are actually purveyed. For example, everyone lives in a house. But that doesn't mean that we can't be against crackhouses, or that we can't demand that landlords take precautions to safeguard against their property being used as crackhouses.

    If you are against copyright infringement, fine. If you don't think that the safeguards being proposed against copyright infringement over P2P networks are reasonable, fine. But don't pretend that this is an attack on P2P itself. The truth is that P2P networks have made absolutely no effort to provide even minimal safeguards against copyright infringement. The industries have every right to demand that P2P networks be held to the same standards that other transmission methods are held, and to claim that the very Internet is under attack is a red herring.

    1. Re:I hate professors by William_Lee · · Score: 5, Insightful

      "Saying that P2P is an important network standard and therefore grokster cannot be held liable for what it enables with its software is the equivalent of saying that, since libraries are essential to the transmission of information, the government cannot request that the book "Practical Guide to Terrorist Attacks" be taken off library shelves."

      Your analogy inadvertently argues for the opposite of what you and MGM are proposing. Many of us still believe that people have the right to publish books without government censorship or interference.

    2. Re:I hate professors by Kaa · · Score: 5, Insightful

      is the equivalent of saying that, since libraries are essential to the transmission of information, the government cannot request that the book "Practical Guide to Terrorist Attacks" be taken off library shelves.

      Newsflash for you. In the United States, the goverment CANNOT request that such a book be taken off library shelves. And that's a good thing.

      The truth is that P2P networks have made absolutely no effort to provide even minimal safeguards against copyright infringement.

      LOL. You know, the phone companies made absolutely no effort to provide even minimal safeguards against criminals using their equipment and networks to plan nefarious deeds. The federal government made absolutely no effort to provide even minimal safeguards against bank robbers using the highway system to get to the banks.

      The industries have every right to demand that P2P networks be held to the same standards that other transmission methods are held

      Aah, I see you are getting it :-) Since "other transmission methods" are not required to provide any safeguards, the P2P networks shouldn't be either. I agree :-)

      --

      Kaa
      Kaa's Law: In any sufficiently large group of people most are idiots.
    3. Re:I hate professors by garcia · · Score: 3, Insightful

      This has nothing to do with P2P as a method of communicating data. This has everything to do with the providers of P2P networks providing reasonable safeguards against copyright infringement, which, like it or not, is the law of the land.

      So creators of FTPd, HTTPd, SMTPd, NNTPd, etc should all have to write in "reasonable" safeguards to stop copyrighted material from passing over their software?

      Honestly, that can't work, I am free to move my copyrighted software from machine to machine to machine via FTP, HTTP, etc. That would put an end to the usefulness of these programs.

      BTW -- I have talked about "reasonable" before. What's reasonable? I suppose in this day and age being "reasonable" all depends on how much money was slipped into the pockets of our law makers.

    4. Re:I hate professors by GigsVT · · Score: 2, Insightful

      That's like saying the telephone companies should work with copyright holders to ensure no one sings a copyrighted song over the phone.

      There's a huge difference between cooperating with law enforcement, and being a form of corporate police for someone elses copyrighted works.

      --
      I've had enough abrasive sigs. Kittens are cute and fuzzy.
  14. Sigh.... by Viceice · · Score: 4, Insightful

    "First, the United States' description of the Internet's design is wrong. P2P networks are not new developments in network design, but rather the design on which the Internet itself is based."

    Exactly. I cringe every time I read about some clueless politician or corporate figure point to a fundamental part of the Internet and call it a new and emerging evil.

    For instance, the Internet was designed with redundancy in mind, when where a dead end is put in place, data can find another route to it's destination. Then you have some idiotic politician out to try and score points saying he wants the censor the whole of the internet of porn, free speech etc "for the sake of the children" Please.

    And then you have idiots in marketing who think that the Internet "Is a big untapped market" of people who are just itching to come to their dingy website spend billions.

    Sigh...

    --
    Sometimes I wish I was a plumber, then I'd know how to deal with other people's shit.
  15. Test by Goo.cc · · Score: 4, Insightful

    The problem for MGM is that Grokster, along with other file sharing services, doesn't actually infringe on anything, although they do provide an avenue for doing so. Using MGM's thinking, the Internet as a whole should also be eliminated since it can be used to distribute material illegally.

    Don't get me wrong; I am highly critical of those who wrongly distribute copyrighted material, but Grokster (in and of itself) is not to blame for this.

    1. Re:Test by the_2nd_coming · · Score: 2, Interesting

      using MGM's logic, we should not be able to own movies and allow our friends to see them

      --



      I am the Alpha and the Omega-3
    2. Re:Test by Goo.cc · · Score: 2, Interesting

      If they could prevent that, they probably would.

  16. Will We Get a Landmark Ruling? by Anonymous Coward · · Score: 5, Interesting

    This will be interesting, but I'm a little nervous about *where* the Supreme Court will take this one. Applying constitutionality to modern technology is a little tricky; Roe v Wade, for instance, gave us a ruling based on the combined interpretation of several amendments resulting in a "right to privacy."

    Are p2p networks covered by our right to gather? Our right to associate? Our right to privacy? Which amendments will apply to the laws being challenged?

    I certainly hope for a ruling favorable towards p2p. But not just for p2p--also because whatever ruling gets handed down will likely set a lot of precedent for other cases where corporate interests weigh in against developing technology.

    Free Sony PlayStation Portables from Gratis.

  17. Substantial non-infringing uses by Anonymous Coward · · Score: 5, Interesting

    I make it a point to make available on Gnutella the US Constitution, the Declaration of Independence, the Federalist Papers, works by Thoreau, Poe and Twain, along with mp3's of early jazz blues albums all of which is in the public domain. I consider this my contribution to "Substantial non-infringing uses", I encourage everyone to do the same.

    1. Re:Substantial non-infringing uses by thopkins · · Score: 2, Interesting

      The thing is that all of this stuff is availible on web pages already. P2P is used almost exclusively for copyright infringement, if it wasn't you could get the same stuff from a normal server. If you want legal software you can go to sourceforge or download.com or wherever it is distributed. If you want legal music there are places for that. Everyone who uses P2P knows that it is for illegal use. Yes, there are some legal transfers on P2P, but the vast majority are not.

      If the government shut down P2P this would not stop you from non copyright infringing transfers. People need to stop pretending that Napster and all of its descendents are not for stealing music and software, they are specifically meant for that.

    2. Re:Substantial non-infringing uses by thopkins · · Score: 2, Insightful

      I agree, bittorrest is very useful and actually has a lot of legal sofware. It is the exception; most every filesharing program is used by 99% of its users for illegal activity. If someone doesn't believe me, go and look for yourself.

    3. Re:Substantial non-infringing uses by atomic_toaster · · Score: 2, Insightful

      ...most every filesharing program is used by 99% of its users for illegal activity.

      The problem is that each country has its own copyright laws and laws regulating what is considered a crime over the internet. For example, here in Canada it's illegal to upload copyright files, but not illegal to download them. And when it's P2P, the argument can be made that nobody is uploading (since the P2P service is not being used to transport media to or or store media on a server or webpage) and everyone is downloading. The Internet is a means of international communication, and P2P networks serve not only the United States but the entire world. How can MGM argue that tools like Grokster and its like do not have the legal right to exist if the "illegal" actions that take place under services are not illegal everywhere? MGM could potentially argue that stricter bans/filtering/whatnot are necessary within areas in which downloading of copyrighted material is a crime, or that Grokster work with law enforcement in a way similar to phone companies, but that's about all.

  18. Is it legal to record off the radio? by timjdot · · Score: 3, Interesting


    If the Supreme Court is truly serous about Copyright Law then it will need to enact a heavy Copyright Infringement Tax on any goods being shipping in from China and other coutries where the Copyright Law is Totally Abused. Forget dinkering around with filesharing networks that cost pennies in relation to the world practice of not paying $10/movie like US citizens have to do to see the movie!

    When I was a kid people used to record tapes off the radio. Is that legal?

    If so, why not make a frieTunes that sucks songs off the Internet radio stations and, if you have a radio card, the radio? Just tell fT what you want and it trolls for it and then sucks it into your personal listening library.

    BTW, corporations are having a hard time adapting their business models to new technology. One thing history has shown is that countries that burn their fleets to hide exposure to the rest of the world (China) or ignore technology (battery in India) fell woefully behind. Allowing a supreme court to drive technology adoption is ludicrous.

    We all know that technology such as file sharing is not going to die. Some country will have copyright-bypassing DVD burners by the end of the year and then, again, China will sell movies for $1 while the USA people are gouged for $10 at the theater! So, then the US government-backed economists will tell us the cost of living is lower is why our jobs are making a mass exodus but have not the fortitude to admit they have enacted a legal system that financially attacks Americans/lets other coutries off scott free.

    Sadly, this is a case of extracting money from whoever can pay rather than enforcing legal justice. To continue to turn a blind eye on the rampant Copyright Infringements in Asia while attacking filesharing is like giving a speeding ticket to the guy late for work while failing to even investigate thefts (oh yeah, I'm wure we've all experienced this!!!).

    --
    Expect Freedom.
    1. Re:Is it legal to record off the radio? by hackstraw · · Score: 2, Interesting

      BTW, corporations are having a hard time adapting their business models to new technology.

      You should look at my cable bill.

      HDTV service, HD DVR, & broadband.

      That corp is getting almost 100% of my music, movie, and internet funds. The only thing they don't get paid for is when I see a concert in person.

    2. Re:Is it legal to record off the radio? by timjdot · · Score: 2, Informative


      My point is the Supreme Court will have to take on global tax structures to make fair laws.

      I see your point that China is a sovereign nation but you miss the point that China's growth is fueled by job loss in the USA and lack of proper tarriffs. As soon as goods from Chinese have the same absolute tax load as goods made here then I'll approve your assertion that they can continue to make illegal copies of movies if they want; but, right now, the US Government subsidizes job loss to China and importation of Chinese goods by taxing a worker in the USA about 10x to produce a widget what the tax would be to import the widget.

      The Supreme Court will have to tackle national import tax law to properly address this problem of Copryright as we do not live on an island.

      --
      Expect Freedom.
    3. Re:Is it legal to record off the radio? by Arker · · Score: 2, Interesting

      When I was a kid people used to record tapes off the radio. Is that legal?
      Short answer - no.

      Short and wrong. Recording radio broadcasts, even making your own mix tapes with them as long as you don't use those for commercial purposes, is and has always been legal. The record companies never really opposed that as far as I know. Broadcast radio tends to be their conscious tool, and the quality is low and gets lower with remixing - unlike digital media - all of which made the tape recorder much less threatening technology in the view of the record companies in its day than digital recordings are seen by them now.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    4. Re:Is it legal to record off the radio? by nsayer · · Score: 2, Informative

      He's right folks - when he was a kid (I'm assuming he was a kid before 1992), taping the radio wasn't legal. What changed? The Audio Home Recording Act legalized home taping, but also imposed serial copy management on digital media devices that weren't computer peripherals (the fact that the Diamond Rio was a computer peripheral was what, more than anything, saved it). The AHRA is the reason why "music" CD-Rs cost more than normal ones - the price difference is a tax paid to the copyright office - and why standalone CD recorders require them and computer CD-Rs do not.

    5. Re:Is it legal to record off the radio? by blamanj · · Score: 4, Informative

      First, the original poster didn't say whether it was recording for collection or for time-shifting. However, it shouldn't matter, because the District Court decision (which was the one appealed to the Supreme Court) found the following:

      The District Court concluded that noncommercial home use recording of material broadcast over the
      public airwaves was a fair use of copyrighted works and did not constitute copyright infringement. It
      emphasized the fact that the material was broadcast free to the public at large, the noncommercial
      character of the use, and the private character of the activity conducted entirely within the home.
      Moreover, the court found that the purpose of this use served the public interest in increasing access to
      television programming, an interest that "is consistent with the First Amendment policy of providing the
      fullest possible access to information through the public airwaves. Columbia Broadcasting System, Inc. v.
      Democratic National Committee, 412 U.S. 94, 102." Id., at 454. n8 Even when an entire copyrighted work
      was recorded, [p.426] the District Court regarded the copying as fair use
      "because there is no
      accompanying reduction in the market for 'plaintiff's original work.'"

  19. The Betamax Case by Nom+du+Keyboard · · Score: 2, Interesting
    It's not The VHS Case. It's The Betamax Case.

    I submit that Betamax has done more for this world than VHS ever will from this case alone. Thank you Sony! And I'm sorry the format didn't achieve better acceptance.

    I'm especially reminded of this ever time I do a visual scan on a VHS machine, that has never worked as smoothly and easily as Betascan[tm] did from its very first incarnation.

    RIP Betamax. Gone, but never forgotten!

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  20. Re:In order to win this by Ahnteis · · Score: 2, Insightful

    linux distributions?

    http://www.filerush.com

    Or are we talking specifically clients like Morpheus , et al?

    There are a LOT of conspiracy theory documents, etc on P2P networks (or there were last time I used one) that would certainly qualify as a free speech use.

    There are also loads of personal photos that people apparently want to share with the world.

    It's also a viable distribution method for independent artists.

    The list goes on and on and on.

  21. Re:NRA by ari_j · · Score: 3, Interesting

    This is a civil matter, and is not as explicitly provided for in the Constitution as is the right to keep and bear arms. The main question here is whether MGM can sue Grokster for contributory copyright infringement. Note that the NRA aims to achieve its goals by legislative lobbying rather than amicus briefs to the Supreme Court - the gunmakers immunity bill of last year that they supported, for example, would have prevented you from suing Glock if someone shot you with a Glock. The NRA is better at throwing money at a problem than they are considering anything but their one-track understanding of what constitutes a "problem."

    On a side note, the problem I had with that bill was that the courts should be making that distinction on their own, and the bill itself could have led to you being unable to sue Glock if you were shooting one and it exploded in your face. I am not an NRA fanboy, but I support many of the things they do nonetheless. This is just not their area of expertise.

  22. Re:I'm not confident by Anonymous Coward · · Score: 2, Insightful
    Justice Scalia, who is opposed to flag burning, was the swing vote in the case which upheld our right to burn the US flag. If you ever get the chance to hear him speak, ask him about the case and he'll tell you that it was one of the toughest decisions he had ever made on the court at the time.

    Well, that tells you something about him. It should have been a no-brainer: A flimsy piece of cloth is obviously not as important as our freedoms. If he had to struggle over that for more than 30 seconds, he's not fit for his position.

  23. Re:I'm not confident -- Oh, The Children, sob... by Nom+du+Keyboard · · Score: 4, Interesting
    44% of the Supreme Court thought its fine to execute children.

    And 100% of those "children" thought it was just fine to execute other human beings. Some of them even felt it was okay to execute other human beings because they were children still, and therefore the state couldn't do anything really bad to them.

    Those are not people I want to live beside afterwards. So just where are your priorities?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  24. From the Brief by The-Perl-CD-Bookshel · · Score: 4, Informative
    I believe that the most compelling argument made in the actual brief (the first link) is,
    "Second, amici address assertions that checking for infringement should be built into network design. On the contrary, certain functionality (such as using filters) should not be done at the network level. To order network designers to add functionality to the network to avoid liability is to force significant inefficiency into network design. Because leaving out such functionality may represent good engineering design, no negative inference regarding intent should be drawn if a designer chooses not to add this functionality."

    I was pointed there by Ed Felton in a response post on the brief's abstract page on Freedom to Tinker,

    "I'm curious what you think of the corresponding section of the brief (Section II, starting on page 6), which makes the argument at much greater length."

    I love getting some free Ivy League insight (as an aside, I go to Rutgers where we are always using information from our Ivy League friends).

    --
    I don't keep a lid on my coffee so when I walk around I look busy -me
  25. Re:NRA by CortoMaltese · · Score: 2, Funny
    P2P doesn't infringe copyright, people do.

    Oh wait, is it the IP packets after all?

  26. Re:Troll? by DAldredge · · Score: 2, Funny

    Thus proving that the mods are complete and total idiots. :)

  27. Re:In order to win this by cpt+kangarooski · · Score: 3, Informative

    No, they need merely show that P2P is capable of significant noninfringing uses. Actual uses are not required. It's trivial to meet that standard; this case is about changing the standard.

    --
    -- 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.
  28. Re:I'm not confident by Ironsides · · Score: 2, Informative

    I know some people that would do it free of charge to the state. That aside, there are also others who have commited murder on the day before their 18th birthday. As I understand it, the states that allow juveniles to be executed require this: That they have been at least 14 when the crime was commited, be tried as an adult, the prosecutor must seek to try them as an adult, and the judge AND jury must agree to the death penalty. At least that's how it is in VA. And the one reason why malvo didn't get the needle is because of the judge.

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  29. Re:Analogy time, boys and girls. by TuringTest · · Score: 2, Interesting

    Just for curiosity, which are the non-murdering uses for a gun?

    --
    Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
  30. not necessarily p2p by moosesocks · · Score: 5, Insightful

    Back in 1968, when DARPA was creating the internet, Paul Baran pointed out that there are potentially 3 different kinds of networks, a centralized 'star' type network, a distributed network (basically what the internet is today), and a decentralized network (p2p).

    Please click the link and look at the diagram. It's one of the single most important concepts vital to understanding the structure of the internet.

    This is nothing new. The decentralized design was chosen to maximize the price to redundancy ratio. A distributed network is too prone to failure and was not feasable back in 1968 (and still isn't today because of the basic economic structure in America. The internet will remain decentralized as long as the telcos own the phone lines.)

    --
    -- If you try to fail and succeed, which have you done? - Uli's moose
    1. Re:not necessarily p2p by SlayerofGods · · Score: 2, Informative

      Errr I believe you meant to say that the internet is a decentralized network and P2P is a distributed network.

      --

      Technology, the cause of and solution to all of life's problems.
  31. Frivolous abuse of the court's time! by gone.fishing · · Score: 4, Insightful

    P2P is a tool. It can be used for good or bad, it can be used for serious work or entertainment. But at the end of the day, P2P is a tool, just like a screwdriver, hammer, knife, or gun. The hands that you put tools in decide how the tool is going to be used. There is nothing enharently evil about a gun, it is how it gets used that makes the difference.

    I don't really want gang-bangers to have guns, but I think that having a police officer with a gun is usually a good thing.

    P2P should not be illegal, the act of piracy is already illegal. We do not need new laws, or even need the old laws "fleshed out" - they are perfectly adequate and can address the issue of piracy.

    1. Re:Frivolous abuse of the court's time! by StrawberryFrog · · Score: 4, Insightful

      P2P is a tool, just like a screwdriver, hammer, knife, or gun. The hands that you put tools in decide how the tool is going to be used.

      From reading up on gun control, that's a deeply flawed argument. A hammer is a fairly general purpose tool for bashing things. A screwdriver is designed for screwing in screws. With a little imagination it can be turned to other purposes - opening paint pots, stirring paint, stabbing people. An AK-47 Assault rifle is a tool designed for the purpose of killing people. It is quite difficult to put it to any other purpose, and while doing so, the danger of someone accidentally getting killed anyway is quite high.

      Napster 1 went down because the court was convinced that it wasn't a general purpose tool, but specifically a copyright-infringment tool. That's still the issue at stake.

      --

      My Karma: ran over your Dogma
      StrawberryFrog

    2. Re:Frivolous abuse of the court's time! by gone.fishing · · Score: 2, Insightful

      I am not a gun owner and have no stake in the gun control issue other than as I suppose an interested observer. But I take exception that a gun, even an AK-47 is only designed to kill people!

      An AK-47 is only one model of thousands. It is to a degree a specialized version of a gun and it's designers probably considered lethiality when they designed it. But even an AK-47 can be used for sporting purposes as a rifle to shoot targets. It can be used to kill "varments" and can probably be used to hunt some game in some states. In short, it has uses that do not involve killing people!

      The 30-06 (thirty ought six) was originally designed as an army rifle, so was the .308 - yet these two rifles are commonly used as big game hunting rifles.

      Pistols seem to be more designed to be killers. They can easily be concieled and can be better used in close quarters. Yet I've found them fun to shoot at targets, I've never used one in anger and while I don't own one, I can see why some people want them in their homes for self defense.

      As a tool, it is how you use it that matters. It is not always morally or legally wrong to take a life. Self defense is probably the best example of this, war is possibly another example (although I'd quibble about that in certain instances). Police officers carry side-arms knowing that they may some day be called on to use them, for self defense or to save another person's life. It is the person who makes the judgment call to use the tool, not the weapon.

      The Napster1 decision questioned the business model - and it was found defective. The current issue is not attacking just the business model but the actual protocol. When you think of the scope of what P2P involves, it goes beyond simple file sharing. It is the very bedrock of how computers talk to one another. In some respects, attacking the protocol is a little bit like trying to outlaw a language! At the very base level P2P of some sort is required any time two computers talk to each other. Web pages, IM, FTP, and email all use peer-protocols to get the job done.

      One of my biggest concerns is that a court won't quite grasp this detail or perhaps a luddite judge will understand it and decide to derail the net because of his personal fears. Stuff like this happens and it takes years to fix.

      Still all in all, this issue is a lawsuit filed by a business asking the court to protec their business. That part is understandable. But rather than finding and pursuing individual entities and proving their cause, which is their responsibility they are trying a short-cut. They want to outlaw the technology that makes so many good things. This makes them luddites, afraid of progress and change. They need to adjust to changes or be left in the dust. They don't need the courts to do this, they need a good, solid business plan.

  32. Re:Troll? by Daniel · · Score: 2, Funny

    I guess there isn't a moderation for "self-referentially ironic".

    Daniel

    --
    Hurry up and jump on the individualist bandwagon!
  33. ...and convenient... by abb3w · · Score: 2, Funny
    Those of us who use BitTorrent to get Linux distros and legal content don't really appreciate the fact that 30% of the entire Internet's traffic is from the transfer of pirated BitTorrent files, especially if that potentially leads to anti-P2P legislation.

    I'm sure we'll find a technical solution to the problems presented by this Tragedy of the Commons just like we were able to find a technical solution for the similar one with Spam.

    Oh, wait...

    --
    //Information does not want to be free; it wants to breed.
  34. Re:In order to win this by Ironsides · · Score: 3, Funny

    No no... I mean, what's being distributed in higher volume than copyrighted material?

    Porn

    --
    Fly me to the moon Let me sing among those stars Let me see what spring is like On jupiter and mars
  35. What about Usenet? by pandrijeczko · · Score: 4, Insightful
    Most people seem to view P2P as the technology for copyright violation and piracy but people have been doing this for years on the 80,000+ newgroups on Usenet - if anything, the amount of MP3s, movies, warez, etc on Usenet makes the selection available on P2P networks look pretty insignificant.

    The point I'm making is that for years, ISPs have been providing Usenet services to their subscribers, everyone knows that pirated material is on Usenet yet I've not heard of an ISP being forced to shut down the service due to pressures from the likes of the MPAA or RIAA.

    Just strikes me as curios, that's all...

    --
    Gentoo Linux - another day, another USE flag.
  36. Re:I'm not confident by poot_rootbeer · · Score: 3, Insightful

    44% of the Supreme Court thought its fine to execute children.

    What a provocative misstatement.

    4 out of 9 justices believed that there was no distinction in the law as it's written between a person who committed a crime at the age of 18, and a person who committed a crime at the age of 17.

    No one has suggested it's proper to strap an 8-year-old into an electric chair.

  37. Re:Analogy time, boys and girls. by xoboots · · Score: 2, Interesting

    "Analogy time! Knives:HTTP/FTP/etc::Guns:P2P. There's plenty of non-infringing (non-murdering) uses for both, but the latter group certainly makes it easier."

    So what? In the US, guns are still legal even though don't seem to have ANY legitimate use. The irony is that we are more likely to see P2P banned before guns are. After all, when the NRA comes to protest in numbers on your doorstep, you take notice. When a bunch of iPod toting teens show up, you probably think, "meh".

    "There was a guild of canon balls;
    Their motto was 'don't tread on me'."

  38. Re:Analogy time, boys and girls. by nine-times · · Score: 3, Insightful
    Just for curiosity, which are the non-murdering uses for a gun?

    Opening cans of beans? Noisemakers at a party?

    Just kidding, but that's why I didn't choose guns for my analogy. Guns are built to be weapons, i.e. hurt people and animals. That's what they're constructed for, and though I suppose you could use one for a door-stop, it's not a sensible use. Knives, on the other hand can easily be used as weapons, and the difference between a knife constructed to be a weapon and a utility knife or a steak knife is relatively minor, and they can often be used interchangeably.

    So P2P applications are more comparable to knives. The same way a knife will cut through rope, steak, or human skin just the same, P2P applications will distribute infringing material and free material just the same.

  39. Re:I'm not confident by MoneyT · · Score: 4, Insightful

    So the question becomes then, what is the difference between someone who is 17 years and 364 days and 23 hours old who brutaly rapes and muders a woman compared to someone who is 18 years 0 days and 0 hours old? When one becomes 18 is one magicaly more capable of understanding the right and wrong of a situation?

    If you actualy read anything, you would notice most of the disenting opinions beleived that competency should be established on a case by case basis. This ban effectively says everyone under 18 is not conpetent enough to know that murder is wrong.

    --
    T Money
    World Domination with a plastic spoon since 1984
  40. Read more of the briefs, please by Jim+Tyre · · Score: 4, Informative
    I'm glad to see that folks are talking about the CS Profs' brief -- after all, I'm the lead lawyer on that brief. '-)

    But I would suggest strongly that you look at many of the other briefs available on EFF's site. Respondents' Brief (the one by StreamCast and Grokster) is the most important, and there are many high quality amicus briefs. Eben Moglen, who wrote on behalf of FSF, has some great lines in his; and there are many other excellent ones.

  41. It's simple by dfj225 · · Score: 2, Insightful

    To me this should be a very simple case to rule on. The government shouldn't be concerned that certain companies are supposedly losing money. After all, it is not the government's job to ensure the wealth of certain people/organizations. What the government should be concerned with is the application of law and specifically if the law is being broken. By definition, technology cannot break the law. Therefore, I believe that the government has no choice but to keep the precident set with Sony v. Universal. Also, if they did decide to alter the law to make technology that is used for mostly illegal purposes outlawed, who is going to decide what technology fits in this category, and who is able to predict what new inventions will fit? If anything, a reversal in the Betamax ruling will make innovation difficult and only benefit corporations that are already insanely rich.

    Instead of concentrating on how to stop people from copying movies and music, the responsible industries should be concentrating on how to ensure that people are willing to buy their goods. I buy my digital music because it is easy, high quality, and has DRM that I can live with (from iTunes anyway). I also buy the movies I like because the format is always higher quality than what I can download. Who wants to watch some divx compressed screener on a nice home theater system?

    Movie and music companies should concentrate on what they do, make movies and music, not on stifling technology.

    --
    SIGFAULT
  42. Re:I'm not confident -- Oh, The Children, sob... by way2trivial · · Score: 4, Insightful

    I don't think it's age-I think it's citizenship

    as in, the goverment is empowered to execute citizens who wrong the goverment, and minors (non-voting folks that they are) aren't CITIZENS as such, they are chattel, with some rights, but damn few privledges, and in exchange for not getting those privledges, they are not liable to the same extent.

    What I want to know? if a minor is tried as an adult, and aquitted, does he get to vote? why not?? it's been acceptably proven that the individual in question is as responsible as an adult....

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  43. Re:Analogy time, boys and girls. by nine-times · · Score: 4, Insightful
    Guns are still essentially weapons. Saying "Guns aren't only used as weapons, because there's competitive shooting!" is kind of like saying, "cars aren't only used as a form of transport, because there's auto-racing!" Which is to say, even cars in auto races are transporting people, but they don't go anywhere because the point isn't the destination but a competition of the skill of using the transport. Likewise, in competitive shooting, guns are still being used as weapons, but you're competing at who's better at using the weapon.

    None of this is to say that guns are bad or should be outlawed. But think about it, it's essentially different to say, "Knives aren't only weapons, since they can also be used in weapon training and weapon competition," versus saying, "Knives aren't only weapons, since they're also cooking instruments."

  44. Probably just another milestone. by abb3w · · Score: 3, Informative
    Are p2p networks covered by our right to gather? Our right to associate? Our right to privacy? Which amendments will apply to the laws being challenged?

    As I understand it, the primary challenge is entirely interpretation of current copyright law, with its foundation in Article 1, section 8. To grossly oversimplify (and IANAL), MGM &c claim the technology is fundamentally for copyright violation, and that they should be able to collect damages from the Grokkers for the infringements; the Grokkers say it has substantial non-infringing uses, and that the actions of the users are the fault of the users, and go collect money from them.

    The proposed legislation to ban peer to peer would need to be challenged on 1st amendment grounds, but that's not the case before the court. MGM &c are not directly challenging the legality of the product, but merely claiming the maker has responsibility for its consequential use. It may touch on the issues, but that's not where the focus lies.

    --
    //Information does not want to be free; it wants to breed.
  45. Re:I'm not confident by wo1verin3 · · Score: 2, Insightful

    Slashdot is a forum for discussion, get over it.

  46. Re:No, it has to do with lack of expertise by geoffspear · · Score: 3, Funny
    On the other hand, David Boies seems to be pretty good at failing miserably in big cases (US v. Microsoft, Bush v. Gore, and now SCO v. everyone), so I'm not sure he's the best person to be taking legal advice from.

    If you want advice on how to get paid lots of money without showing results, though, he's your guy.

    --
    Don't blame me; I'm never given mod points.
  47. Re:Analogy time, boys and girls. by biglig2 · · Score: 4, Insightful

    Ah, well, if it's legitimacy we talk of, then it is a personal moral opinion. Enjoy yours!

    I would take some issue with your points though:

    1) a)the efficacy of a course of action is irrelevant as to it's legitimacy as a morally acceptible course of action. I cannot poop gold; but this is of no bearing to a discussion of whether I should or not.

    1) b)the fact that the US federal and state governments constantly try to get round the constitution's limits on their powers does not invalidate the legitimacy of that document. I have no doubt that any attempt to overthrow the US government from within would be met with crushing force. This is largely the point of the ammendment: to try and prevent the Govt. from supressing legitimate dissent with force. It has probably now failed. The Republic is probably now an Empire. What can you do?

    2) a)Most people in the world accept the principle that sometimes it is legitimate to use deadly force to act for the greater good. I think the Mahatma put it best when he said "I do believe that where there is a choice only between cowardice and violence, I would advise violence. Thus when my eldest son asked me what he should have done had he been present when I was almost fatally assaulted in 1908, whether he should have run away and seen me killed or whether he should have used his physical force which he could and wanted to use, and defend me, I told him it was his duty to defend me even by using violence." Obviously, he prefered when possible the third way, of non-violence, but he accepted that sometimes violence was, regretably, necessary.

    If you disagree with him, and do not believe that the use of force against other humans is ever legitimate, no matter how many Jews they gas, then indeed, guns are probably not legitimate. What did Monty Python say again? "Blessed are the meek! Oh, that's nice, isn't it? I'm glad they're getting something, 'cause they have a hell of a time."

    2) b)If it is acceptable for the police to have weapons to defend themselves, how much more so is it for the people to have weapons to defend themselves? Particularly since the police are under no legal obligation to do anything to protect the people. You seem to have accidentally suggested another legitimate reason, whoops!

    --
    ~~~~~ BigLig2? You mean there's another one of me?
  48. Re:I'm not confident by Saanvik · · Score: 2, Interesting

    You state that some people believe that there is a distinction between taking an innocent life, taking the life of the guilty, and accidental death. There is not.

    I agree that accidental death is different. There is no intent to kill. The other two are no different, though. Either knowingly killing someone is wrong, or it is not. A person may believe that the wrong avoided by killing someone makes it justifiable, but that does not change the underlying moral decision on whether killing is right or wrong.

    My belief is that the only time killing a person is justifiable is when it is done because there is no choice - the person must be killed to protect another person or people. If a person is in prison, they cannot harm other people. So, executing them is wrong. If that same person were out of jail and was attempting to kill someone else, the police would be justified in killing him to stop him.

    This has nothing to do with abortion. As another poster said very well, what is involved when deciding on abortion is deciding what makes a human. Becoming human is a process. Until that mass of cells that is created by the joining of the sperm and the egg becomes human, abortion is not killing. Since there is not a scientific or medical definition of when that happens, it is up to each person to decide. Therefore, under the law, abortion should remain a personal choice.

  49. Re:Analogy time, boys and girls. by lgw · · Score: 2

    But that's just the point. A responsible person hopes that by possessing a gun he will *prevent* violence against himself and his family through the *threat* of using the gun. Violence avoided, no murder committed.

    We used a huge collection of nuclear weapons for the same purpose during the Cold War. It was a scary time, but it worked out OK, and all life on Earth was repeatedly not extinguished in a nuclear apocalypse.

    The primary purpose of a gun is to prevent violence. This may involve one of the secondary purposes of a gun, which is killing people, but that is not the goal.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  50. P2P by RagingChipmunk · · Score: 4, Insightful

    It seems that the eventual legal answer will be a federal policy requiring content publishers to be licensed like radio. You and I may recognize that the www is bi-directional, but, at a higher level, websites are considered publishers. Before you flame me with "1st Amendment" bullshit, consider that there is nothing in the Bill of Rights that says you have a right to avoid licensing. Most major media have license requirements to some degree, so, the precedent is there. Even low level "consumer" publishing has license requirements: HAM, CB, CableAccess TV. Jurisdiction? Also, it can be said that, in the US, internet content is subject to FCC regulations, especially WiFi, and any data conduits subsidized by tax payer money. It will be a matter of time before some senator realizes there is a triple win here: a public schmooze fest of "decency on the web", content protection for hollywood [licensing introduces accountability] and a new tax avenue for these "licenses". In this case, it will no longer be about the "Pirates" trading the MP3s, but, about enforcement sweeps that lean on ISPs to prove their the webbies have valid licenses. Sucky days ahead!

    --
    The only PT Boat Journal on the web: http://www.PT171.org
  51. Re:I'm not confident by stanmann · · Score: 2, Insightful

    And if you want to know the law, check the code, don't go on a feeling or belief.

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  52. Re:Analogy time, boys and girls. by ThomaMelas · · Score: 2, Funny

    Wait a moment! Butterfly knives serve a very useful purpose. They make it easier to spot the people with no clue how to use a knife in a fight or as a tool.

  53. Applying "Most Use is Illegal" Argument to Email by Carcass666 · · Score: 2, Insightful

    The media companies are asserting that if a technology is primarily used for illegal activity, then it should be banned.

    Since there are statistics showing that a majority of email is now SPAM, which is illegal, shouldn't we have to shut down email as well?

  54. Re:Analogy time, boys and girls. by TGK · · Score: 2

    Vietnam: A well armed populace backed by the might of the Chinese army and supplied by the military industrial complex built by the Chinese and the Soviets before 1962

    Afghanistan: A well armed populace consisting of, among other, Osama Bin Laden. Armed by the United States of America and trained by the CIA.

    Any examples where there's not a superpowe involved?

    --
    Killfile(TGK)
    No trees were killed in the creation of this post. However, many electrons were inconvenienced.
  55. Re:Analogy time, boys and girls. by hankaholic · · Score: 2

    I would disagree -- two hundred years later, the only thing that makes me think that the use for a firearm would ever arise is still my government.

    My fellow citizens elected George Bush -- to paraphrase Catch-22, "everywhere I look is a nut, and it's all a sensible young gentleman like myself can do to maintain his perspective amid so much madness".

    It's a nation with enough sheep to blindly trust whatever is told them by whomever thumps their chest the hardest. Would that my government held themselves to the same standards they impose upon everyone else, I wouldn't wonder about the need to defend America from anything.

    Regarding the Department of Homeland Insecurity, FUDrakers, the lot of 'em, but when you've got the schools telling you from youth not to question the ones in charge, the local news tells you about how much better we all are now that you can't bring so much as a Bic lighter on an airplane, and the President of the Yoo-nited States himself telling you how much you're in danger, and that it's all Saddam's fault despite the lack of indicators that he did anything wrong at all other than be a general shit within the boundaries of his own country, it's understandable that those wanting to be good little citizens would gladly agree to show their papers when boarding flights, without question.

    Does the right to bear arms act to keep the government from etching away at personal freedoms? No, because while we might have the right to own arms, the right to bear them has been long tossed aside. In fact, one of the quickest ways to get arrested would be to bear a firearm while expressing your dislike for the general invasion of privacy and standing in a public setting.

    I guess the point is that the right to bear arms was intended by those who ran from a shitty government to protect us from a shitty government of our own, which is a noble cause. Heck, it's what they tell me America is supposed to be about -- allowing the citizens to enjoy personal freedoms unavailable elsewhere.

    On the other hand, I'd wager that most MP3 swapping networks were intended to provide routes for copyright infringement, no matter how much people stand up and cry "there are legitimate uses!"

    I don't think the two are that related, but people keep bringing up the gun-control thing in relation to P2P. It's interesting, though, that your reaction to my defense of the second amendment is so like the reaction of my government to those who defend of privacy -- by claiming that I don't need it (guns or privacy) unless I'm afraid of something, and that if I have nothing to fear I'd have no use for it.

    --
    Somebody get that guy an ambulance!