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New Round of P2P Lawsuits from Hollywood

An anonymous reader writes "There is a new story on ZDNet about more lawsuits against P2P file sharers. The catch is that Hollywood is using the log files off Bit Torrent sites like Suprnova and LokiTorrent."

442 comments

  1. Oh goody. by DMouse · · Score: 4, Interesting

    Let's sue the customers. Because that so worked for the music industry. Instead of accepting that networked transfer of information is the new reality and going with it. There are so many ways of making money here. But no, have to defend the old way. Man, they have NO VISION. No wonder Hollywood is addicted to creating formulaic movies. Risk aversion is fatal in creative industries, ya'know.

    *face desk*

    1. Re:Oh goody. by adam.conf · · Score: 2, Insightful

      Well with theater profits plummiting, the movie industry has few methods other than movie sales to generate a profit; and just because it is easy to do something illegally does not> mean that it is legitmate to do so, or that it is in some way unacceptable to defend yourself against these illegal actions. And just so you know, customer generally implies people who paid. These people did not.

    2. Re:Oh goody. by Anonymous Coward · · Score: 0

      Congratulations. You've rehashed everything already said on this subject here on Slashdot.

      Next up: Why Apple should give OSX86 away for $40/$20/$10/free and several rebuttals as to why it's a bad idea.

    3. Re:Oh goody. by Anonymous Coward · · Score: 0, Flamebait

      Reality check. Providing copyrighted material for upload without explicit permission by the publisher is illegal. They are violating copyright law over which Federal government has full jurisdiction as provided by the Constitution. The proper course of action is to present suits against the infringers directly. Whether or not you think this is a valid medium or transmission is entirely irrelevant, the intent is clear.

      If the publishers wish to utilize the medium to provide subscriptions to material which is DRM protected, so be it. Don't expect them to throw you free or cheap bones because you're a cheap shit. They don't owe you a damned thing. If the publishers wish to cover their ears and cry, "lah, lah, lah," so be it. It's their loss entirely and you have absolutely no legal or ethical recourse to make that decision for them.

      You don't not arrest someone for stealing a car because they may have purchased a car in the past. The claim that these people are customers is bullshit; they are infringers, plain and simple. May the law smack them down accordingly. I'd love to see one of these law suits make it to the criminal courts just to watch you fuckwits get hit with the full extent of what copyright affords the publishers. You simply don't have a leg to stand on.

    4. Re:Oh goody. by Seumas · · Score: 1, Insightful

      Well, if you're downloading the movies from BitTorrent, you're not exactly a customer anymore than a shoplifter is a customer at a store. I mean, he might buy stuff now and again just like we might watch a movie now and again, but . . .

      What I don't get is, since they have said they couldn't (or wouldn't) go after downloaders, exactly how is this going to work? Has it been deemed that downloading via torrents is inherently the same activity of UPLOADING, even if you terminate your connection before you've fully uploaded the file? or rather, how can they be at all sure that you have ever uploaded the entire file back to the community? I could have a 500:1 upload ratio on a file, but that doesn't mean i haven't just been uploading the same 30 seconds worth to everyone.

    5. Re:Oh goody. by DMouse · · Score: 5, Interesting

      Yes. Because the world is neatly dividable into those good people who buy everything, and the bad people who pirate everything. Yes. Really. The world is that simple.

      Did I mention that the last three computer books I have purchased, I read a chunk of them online before hand? Or that I buy cds based on what i have listened to off the web? Or that the movies I go to in the cinema are influenced by the recomendations of my friends, some of whom are downloaders?

      Moron.

    6. Re:Oh goody. by LiquidHAL · · Score: 3, Interesting

      the movie industry has few methods other than movie sales to generate a profit that would be correct if only they didn't make huge amounts of cash on DVDs, soundtracks, merchandising, promotional tie-ins, and TV/Cable showings. there is simply no evidence to correlate a decrease in theater tickets sold to pirating. There are too many unmentioned variables to consider.

    7. Re:Oh goody. by aussie_a · · Score: 1, Insightful

      They are violating copyright law over which Federal government has full jurisdiction as provided by the Constitution. The proper course of action is to present suits against the infringers directly.

      Then arrest them, and allow hollywood to sue them for actual damages done (not theoretical damages over people who may have theoretically bought a movie). How much money/physical goods did Hollywood have, that was then taken away by the filesharers? Allow them to be reimbursed for that.

      If it's against the law, then charge these people.

    8. Re:Oh goody. by DMouse · · Score: 1
      you're not exactly a customer anymore than a shoplifter is a customer at a store


      If you are going to astro turf, at least come up with a new line. That line was old the first time i heard it over decade ago.

      It saddens me that you guys are fighting a pointless rear guard action here, instead of coming to the community and asking how we can work together on building new business models.

      Hint: Long Tail.
      Hint: Filtering.
      Hint: Time poor internet professionals.
      Hint: Your movies suck. We have gotten used to the industry lying to us. Now you are reaping what you sowed.
    9. Re:Oh goody. by Mad+Merlin · · Score: 5, Insightful

      Illegal does not imply morally wrong. Not all laws are justified or "correct".

    10. Re:Oh goody. by balthan · · Score: 1

      They are violating copyright law over which Federal government has full jurisdiction as provided by the Constitution.
       
      Life of the author + infinity doesn't quite seem like "limited Times" to me.

    11. Re:Oh goody. by Raul654 · · Score: 2, Insightful

      "Providing copyrighted material for upload without explicit permission by the publisher is illegal." - no, actually, copyright infringment is a civil tort (notwithstanding the ludicrious new laws congress has been considering lately)

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    12. Re:Oh goody. by jarich · · Score: 0, Flamebait
      Then arrest them, and allow hollywood to sue them for actual damages done (not theoretical damages over people who may have theoretically bought a movie). How much money/physical goods did Hollywood have, that was then taken away by the filesharers? Allow them to be reimbursed for that.

      When we catch shoplifters we don't just ask them to pay for the stuff they stole right? When you catch someone in your house stealing your stereo, do you just ask them to pay for it?

      Stealing content online feels anonymous and somehow ~okay~. But it's not. It isn't civil disobedience. It's illegal and it's wrong. The penalties will exceed the cost of the unsold movie ticket to help impress upon people that it's a Bad Thing to get caught stealing.

      And it's most certainly not anonymous.

    13. Re:Oh goody. by Anonymous Coward · · Score: 2, Informative

      U.S. Copyright Law {Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. Section 2319} Federal law protects copyright owners from the unauthorized reproduction, adaptation, performance, display or distribution of copyright protected works.

      Penalties for copyright infringement differ in civil and criminal cases. Civil remedies are generally available for any act of infringement without regard to the intention or knowledge of the defendant, or harm to the copyright owner. Criminal penalties are available for intentional acts undertaken for purposes of "commercial advantage" or "private financial gain." "Private financial gain" includes the possibility of financial loss to the copyright holder as well as traditional "gain" by the defendant. Under U.S. copyright law, "financial gain" includes bartering or trading anything of value, including sound recordings. The definition of "financial gain" includes receipt of anything of value, including the receipt of other copyrighted works. This language ensures that criminal liability will not turn on the technicality of whether the infringing copies were sold for money, as opposed to other valuable benefits.

      Where the infringing activity is for commercial advantage or private financial gain, sound recording infringements can be punishable by up to five years in prison and $250,000 in fines. Repeat offenders can be imprisoned for up to 10 years. Violators can also be held civilly liable for actual damages, lost profits, or statutory damages up to $150,000 per work.

      Two important legal concepts, especially pertaining to the Internet, should be kept in mind--contributory infringement and vicarious liability.

      Contributory infringement may be found where a person, with knowledge of the infringing activity, induces, causes, or materially contributes to the infringing conduct of another. For example, a link site operator may be liable for contributory infringement by knowingly linking to infringing files.

      Vicarious liability may be imposed where an entity or person has the right and ability to control the activities of the direct infringer and also receives a financial benefit from the infringing activities. Vicarious liability may be imposed even if the entity is unaware of the infringing activities. In the case of a site retransmitting infringing programs, providing direct access to infringing works may show a right and ability to control the activities of the direct infringer, and receiving revenue from banner ads or e-commerce on the site may be evidence of a financial benefit.

    14. Re:Oh goody. by shmlco · · Score: 2, Funny
      Your movies suck.

      Well, that's certainly a valid reason for spending a hour or so downloading them off a torrent and then a couple of hours watching one. I mean, time poor internet professionals really need to waste MORE of their time, right?

      And just out of curiosity, what new business model (paid content) works when people think that they're entitled to it for free?

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    15. Re:Oh goody. by damiam · · Score: 1

      IANAL, but I don't believe you have to upload the whole file. Fair use lets you reproduce a small sample for review purposes, and anything after that is infringement. Even if you only upload a couple minutes of a movie, you're still legally liable.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    16. Re:Oh goody. by sleeper0 · · Score: 0, Troll

      If you are going to astro turf, at least come up with a new line.

      [...]

      Hint: Your movies suck. We have gotten used to the industry lying to us. Now you are reaping what you sowed.


      For someone who is claiming someone else's argument is tired and worn out you sure don't waste much time spitting out the same tired and worn out lines that make you feel better.

      What you are saying is that because you don't like the product instead of paying for it, you copy it and watch it for free - because it's terrible? Or that you download a DVD from a torrent because your busy high stress life doesn't allow you enough time to go to the store like the people of the carefree 90's who mostly didn't have to work and lived off trust funds?

      Just admit to yourself (and others) that you like copying things you would otherwise have to pay for. It's freeing, honest with yourself which is healthy, and best of all doesn't make you look like a moron while you rabidly try to defend yourself in public as some kind of modern day digital robin hood.

    17. Re:Oh goody. by damiam · · Score: 1

      Being old doesn't make it wrong. And not everyone who points out the stupidity of statements like "they're suing their customers" is astroturfing.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    18. Re:Oh goody. by EzInKy · · Score: 1


      Well with theater profits plummiting, the movie industry has few methods other than movie sales to generate a profit; and just because it is easy to do something illegally does not> mean that it is legitmate to do so, or that it is in some way unacceptable to defend yourself against these illegal actions. And just so you know, customer generally implies people who paid. These people did not.

      Well, there's a problems here. How is a person supposed to know that a file is copyrighted before he downloads it? It's not like these files show a big (C) on the them. Besides, even if they did, how is downloading a copyrighted file any different from picking up a copyrighted book lying in the street?

      --
      Time is what keeps everything from happening all at once.
    19. Re:Oh goody. by CriminalNerd · · Score: 0
      Yet those laws are the basis of how society runs AND how it's supposed to run. Nothing is perfect and laws are no better but they try to be as fair as possible. If you read the book "Utopia," you would know that lawyers and other people in the legal profession are considered to be one of the biggest bugs/scum (Was that too harsh? =P) of the world because they make money off of the LAW. That's exactly what the MPAA is doing (suing people about movies that just about doesn't hurt them in any way) and it isn't doing them any good. As far as I'm concerned...Hollywood should just die and independent film makers should just take over. It really is boring to see sequels for the same movies and almost no creativity these days. They complain about revenue loss? They should just put a sock in it and make new movies.

      Also, maybe it's just me but when I used to download movies, I would download movies that I would have never paid for anyways (just to sample it/them). I'm not sure if that's the case with the rest of the populace, but if many people download like I did, then the MPAA has absolutely nothing to worry about "loss of income." Besides...I wouldn't waste space AND bandwidth on movies that I don't want to touch with a c foot pole. =P

    20. Re:Oh goody. by drsquare · · Score: 3, Insightful

      You think people have a moral right to download copyrighted material? You think that making downloading films illegal isn't justified? What world do you live in?

      The sense of entitlement on this site is astonishing. Now apparently it's immoral to have copyrights. The film industry should just let everyone into the cinemas for free because people have the moral right to take things for free rather than paying.

      Jesus the shit that gets modded up on here... Was Slashdot always this bad? When did the freeloading teenagers take over?

    21. Re:Oh goody. by Anonymous Coward · · Score: 0

      Except if it GPL related. Then it's completely ok to punish them to the full extent of the law, saying they should be run out of business.

      Confused? Good.

    22. Re:Oh goody. by Anonymous Coward · · Score: 0

      You think people have a moral right to copyright? I've got news for you. Coyright is an artificial, temporary monopoly whose intended purpose is to enrich mankind by encouraging creators to produce more work. It's even flipping spelled out as the only reason for copyright in the Constitution!

    23. Re:Oh goody. by ZakuSage · · Score: 1

      A car and a movie are differnt things. As long as distributers are too busy with their hands up their asses pulling out new lawsuits rather then making watching a movie better and easier (read: putting them up for download, even with a fee), then there's going to be people like me downloading them from P2P networks. Legality be damned, I just want to watch a movie without leaving my house, or bothering with a DVD, comfortably, on my computer.

    24. Re:Oh goody. by icedevil · · Score: 2, Interesting

      When we catch shoplifters we don't just ask them to pay for the stuff they stole right? When you catch someone in your house stealing your stereo, do you just ask them to pay for it?

      Do I get replacement cost? If so then hell yes! If a burglar gave me $400 for the home theater system I bought 4 years ago then I can buy a much better system now. The current system is fine, but hey free upgrades are great.

      Stealing content online feels anonymous and somehow ~okay~. But it's not. It isn't civil disobedience. It's illegal and it's wrong. The penalties will exceed the cost of the unsold movie ticket to help impress upon people that it's a Bad Thing to get caught stealing.

      blah blah blah, if the person "stealing" the movie/music/software would never purchase it then its not stealing. There is nothing that was actually stolen, you have lost no goods.

      Personally, I have purchased thousands of dollars worth of movies and music over the years but have not spent a dime on either since the RIAA and MPAA have started suing casual file traders. I will continue my boycott until they cease such practices.

      Given the current state of movies and music in the US I don't think I'm missing out on too much.

    25. Re:Oh goody. by Mad+Merlin · · Score: 1
      You think people have a moral right to download copyrighted material? You think that making downloading films illegal isn't justified?

      Read my post again and you'll notice that I didn't say any of that, you merely assumed it.

      He argued that it's wrong to download things because it's illegal, I pointed out the problem with that argument.

    26. Re:Oh goody. by EzInKy · · Score: 1


      You think people have a moral right to download copyrighted material? You think that making downloading films illegal isn't justified?


      How can a person know if a file is copyrighted and doesn't have a license that allows free distribution until after that file is downloaded?

      --
      Time is what keeps everything from happening all at once.
    27. Re:Oh goody. by TheDugong · · Score: 2, Insightful

      This is why the go for the people sharing, not downloading, is it not?

    28. Re:Oh goody. by acceleriter · · Score: 1
      Oh, please fucking spare me. The GPL uses copyright law to defeat copyright law. Being for the enforcement of the GPL and against copyright aren't contradictory positions. It is a clever legal hack that in order for the GPL to be invalid, so must be copyright. The copyright cartel and their apologists like you get all pissy when they realize copyright has been hoisted with its own petard.

      And where's the fucking FBI when entities like Sveasoft and Sony flagrantly violate the GPL? In America, one gets all the justice one can afford.

      --

      CEE5210S The signal SIGHUP was received.

    29. Re:Oh goody. by Hungus · · Score: 0, Troll
      What world do you live in?
      the same world where we kill people because we don't want to be bothered with their existence (Theresa Schiavo) and we kill the weakest amongst us for convenience sake (abortion).
      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    30. Re:Oh goody. by macdaddy357 · · Score: 1
      Hey Hollywood! P2P "pirates" provide us a valuable service, and that is why you want them shut down. They are sneak previewing movies, and warning the rest of us at the water cooler when they are not worth our time or money. We are nolonger fooled by fake movie rewiews.

      Don't worry, Hollywood! Fewer and fewer will be watching your movies for free in the future. Since we now know that Hollywood movies have been steadily going to hell, we know that movie piracy will soon end, since your crap will nolonger be worth watching at all, free or otherwise.

      --
      How ya like dat?
    31. Re:Oh goody. by jarich · · Score: 1
      blah blah blah, if the person "stealing" the movie/music/software would never purchase it then its not stealing

      This is referred to as situational ethics. While operating in this mode, you can do or steal anything you like as long as you have an excuse.

      Let's examine the sentence... if the theif wouldn't have bought it anyway, it's not stealing. Wow... Perhaps it's not a lost sale, but it is stealing.

      Remember, stealing is a legal definition, not a personal one. You can disagree with it all day long and you haven't changed anything.

      Here's a question for ya... the enjoyment and entertainment you receive watching these videos, listening to these songs... (I know, it's hip to pretend you don't like it cuz it's popular, but you ~did~ download it.) So that enjoyment you recieved, where did that come from? From the hard work of the artists, crews, etc? Should they be paid for that work?

    32. Re:Oh goody. by DMouse · · Score: 1

      I never said I pirated. In fact, I said I go to the movies, in the cinemas. Ten points for being able to read. Pretty much every week.

      But, then again, it is just easier to assume that the person who disagrees with you is one of those evil file pirates. Because that would be congruent with your understanding of the world.

      It is sad that you missed the constructive criticism component. Oh well. Bring on the new video podcast reality.

    33. Re:Oh goody. by Spectre_03 · · Score: 2, Interesting

      It goes so much deeper than that, since the assumption is ALWAYS that it is also illegal to download something.

      Since when was it illegal to download something?

      Just because it is on the net it is automatically ASSUMED that it's illegal to download it. Well news flash, but if I already OWN the film/work, then I have the COPYRIGHT to download it all I like.

      This is not nor ever has been a black and white argument nor is the world ever black and white.

      Both the greedy B@$T@RD$ that @$$ume that it's illegal to download anything as well as the cheap SOB's that leech everything need to shut up.

      But as we should all know right now that if we paint it black and white we all fit into one of the two categories.

      So which are you?

      an SOB or an @$$?

      I on the other hand fit right in the middle. Why do I download the few I have, because I already have them, but I would like to put them onto my server to stream them over my network onto my PS2 when I want instead of having to get up and put in the damn disk.

      And why don't I rip them myself?

      Because every one I have ripped doesn't work but every one I have D/L'ed has. I am still trying to figure out how to Rip my DVD's to Divx, until then, I'll D/L and be glad to ignore the rest of the ignorant one's that assume everything is illegal along with the greedy one's that want my money 4 times for the same stuff.

      But you can both answer me this, why is it if you have your way I have to buy a movie 4 times to get it in all the formats I want it in? Can someone tell me that one?

      GET REAL, Copyright is what it is, get off your pocketbooks and get onto a real revenue model, or go broke, I could care less. I'll stick with my books over the crap that the Hollywood/Music industry's are pushing out these days.

    34. Re:Oh goody. by Anonymous Coward · · Score: 0

      gee, if only there were more people willing to review things. we could call them "movie critics" and they could show clips on tv!

      and what do sample chapters and promo mp3s have to do with anything? they're perfectly legal.

      dufus

    35. Re:Oh goody. by Entropius · · Score: 0

      Regardless of whether it's illegal or ethical, copyright infringement is not stealing, which requires depriving someone of property.

      I find it ironic that the penalty for actual theft is much less than that for copyright infringement.

    36. Re:Oh goody. by Anonymous Coward · · Score: 0

      If I bought a CD/DVD and lost it and then download that same CD/DVD then in their eyes I have committed infringement.

    37. Re:Oh goody. by name773 · · Score: 1

      odds are that most movies are copyrighted

      common sense

    38. Re:Oh goody. by shmlco · · Score: 1
      "I just want to watch a movie without leaving my house, or bothering with a DVD, comfortably, on my computer."

      WTF? You can't leave the house, so no Blockbuster or grocery store rentals. Also can't bother with a DVD, which takes out Netflix. And apparently can't watch a movie on anything but a computer, which means Comcast, Dish, and PPV is out. Huh. Pretty clever how you eliminated all the options there.

      Then again, how about MovieLink and CinemaNow? Downloadable movies, with a fee, watchable on your computer.

      Or is there some OTHER excuse ^H^H^H^H^H^H reason as to why we have to personally accommodate your lazy butt???

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    39. Re:Oh goody. by DMouse · · Score: 1

      Oh wow. You are willing to listen? *amazed*

      What business model works when content is free? Lets think for a moment. Ah yes. Search. Google is turning into the worlds biggest media company on the back of free content. Recomendation engines. Helping me, the time poor internet professional, find interesting stuff amongst the hordes of boring stuff. It's all already up on The Long Tail weblog...

    40. Re:Oh goody. by DMouse · · Score: 1

      But you admit some are. Heh.

    41. Re:Oh goody. by sleeper0 · · Score: 1

      It really doesn't matter what you personally do or don't do. If you are trying to justify movie piracy because "the product is crap" it's a very poor logical basis.

    42. Re:Oh goody. by illumina+us · · Score: 1

      Don't forget that it's the same world that a simple shell script could land you in the same cell and for the same time as someone who raped/killed another.

      --
      -illumina+us "I put on my robe and wizard hat..."
    43. Re:Oh goody. by drsquare · · Score: 1

      What the hell does that have to do with being able to download it? By that logic, you can take anything, as property is an artificial monopoly.

      Every law is artificial, and your Constitution is superceded by the Berne convention.

      As for the other poster:
      How can a person know if a file is copyrighted and doesn't have a license that allows free distribution until after that file is downloaded?

      That's the most ridiculous thing I've ever heard. Do you think these pirates are downloading mysteryfile.mpeg, only to find (to their horror) it's copyrighted, whereby they delete it immediately? Come on, Slashbots will use any stupid reasoning to try to justify piracy, just grow up.

      Face the facts: copyright law isn't going anywhere. Piracy is illegal, always will be illegal. Crying everytime someone gets sued for breaking the law doesn't make piracy any less unethical.

    44. Re:Oh goody. by shmlco · · Score: 1
      "...a shoplifter is a customer at a store. If you are going to astro turf, at least come up with a new line. That line was old..."

      I thought most people who downloaded stuff would never buy it (become customers) anyway? The stuff sucks, but they download it and won't buy it, so they're not customers, but if they like it they might buy it, so they might be customers, but it sucks, so they won't, and there needs to be a new business model, in which there are no customers because people want sucky products for free.

      I am SOOOOO confused.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    45. Re:Oh goody. by TLLOTS · · Score: 2, Insightful

      For most people they're far more likely to listen to believe their friend when they hear a movie is good than they will if they hear some random person they don't know claimed that Movie X was the best!

      As for sample chapters and promo mp3's, I'm not sure if that was what the grandparent was referring to, it could well be that they infact downloaded various ebooks/mp3's illegaly, but their content encouraged him to go out and purchase legitimate versions.

      It shouldn't be a hard idea to grasp, it's something I've done myself quite recently, where a friend gave me a pirated copy of Sin City which after viewing at home I chose to see it at theatre's despite the cost. Given what I knew of before I had been given that copy, it's entierly likely I wouldn't have seen it at theatre's at all, as what was shown on tv regarding it (reviews, movie clips) didn't give me a sufficient idea as to the content of the movie, and therefore I could not be sure if it would be worth seeing at theatre's.

    46. Re:Oh goody. by DMouse · · Score: 1

      Since when has logical basis had anything to do with human behaviour? Jesus man, get with the program.

    47. Re:Oh goody. by Seumas · · Score: 1

      As much as I like to quote that myself, I have to admit that if someone came and ripped off my website or art or some other content that I produced and represented it as their own or gave it away, I would be upset.

      Really, I think that copyright infringement, theft - whatever we want to call it - is just as wrong when it's done to the big guys as it would be when it happens to the little guy.

      There is not necessarily any real justification for it, other than a manifested hate and dislike for the RIAA/MPAA/Hollywood/Corporations in general. And don't get me wrong - I'm all for hating them and watch movies acquired from bit torrent as much as I possibly can (I haven't been to the theater since 1998 to watch X-Files), but I won't try to justify it in any way other than I hate them and want to see shit for free.

      I bought Equilibrium on DVD. If you make a high quality movie, I will pay for it. Your half assed crap will just get downloaded and deleted after a viewing, because that's all it's worth.

      And we can reasonably argue that whoever produced The Pacifier is guilty of small increments of murder by chewing away small niblets of time from millions of suckers who paid to see that piece of crap.

    48. Re:Oh goody. by Anonymous Coward · · Score: 0

      why is this still such a big deal? dont know about everyone else, but I have not downloaded anything in a long time...why? there is nothing coming out worth the space on my HD or my time to watch it.

    49. Re:Oh goody. by DMouse · · Score: 2, Insightful

      In small words, just for you. The hollywood movie system has had a habit of producing crap movies, and then buying their gross on the first weekend of release with lots of marketing.

      But, sometimes, a product gets made that is really quite good. Like say firefly. Some friends download it. We sit around, watch the first couple. Go out and buy the DVDs. Watch the DVDs religiously. Get involved in communities pushing the upcoming release of Serenity. Go to the previews.

      See a pattern here? It's all about finding the occasional signal in the wall of noise. And the nature of the meta communication that happens around the file downloads is helping to spur winner takes all for good content.

      It's not the p2p file downloading which is tanking the industry, its the communities forming around movie sharing that is doing the current industry in.

      This move will actually make the survivors stronger, because good content will again matter. Instead of who has the top name actors and the marketing budget.

    50. Re:Oh goody. by shmlco · · Score: 1
      So I, as a theoretical movie producer, am supposed to spend a hundred million dollars making a new movie so that... people can search for it?

      You need to help me here....

      Oh, wait. Google makes money by embedding ads on all their pages. I see. So I'm supposed to put 30 minutes of ads in my two hour movie? I thought that was called television?

      Still confused.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    51. Re:Oh goody. by icedevil · · Score: 1

      Let's examine the sentence... if the theif wouldn't have bought it anyway, it's not stealing. Wow... Perhaps it's not a lost sale, but it is stealing.

      Remember, stealing is a legal definition, not a personal one. You can disagree with it all day long and you haven't changed anything.


      Although it might be a legal definition, it still implies loss. If the individual gets said item without taking something tangible from the owner and would have *never* legally purchased the item then nothing is lost. You did not lose money, you did not pass go, and you certainly didn't collect $200. If the law actually prevented crime then the owner of the software would see no difference in revenue (if there was a difference it would be a loss in my opinion). However on that particular subject, I will point out that the software companies are not suing random file traders because they realize that people who would not purchase their software will pirate it and it may benefit them in the future.

      I would also like to point out that laws are not carved in stone and are subject to change. Just because a law states something does not mean its right in an ethical sense. I do believe that the people who make said productions deserve a cut however I do not believe the consumers should be charged a ridiculous fee without having any real idea on the quality of the film/music. Some companies have taken steps to remedy this issue however their DRM systems generally prevent me from utilizing their media on my system, so I will not support it.

      Here's a question for ya... the enjoyment and entertainment you receive watching these videos, listening to these songs... (I know, it's hip to pretend you don't like it cuz it's popular, but you ~did~ download it.) So that enjoyment you recieved, where did that come from? From the hard work of the artists, crews, etc? Should they be paid for that work?

      Perhaps you missed something but I said that I had purchased thousands of dollars worth of music and movies. Not downloaded, *PURCHASED*.

      And to ultimately finish, I said I was boycotting the RIAA and MPAA. Did I miss something? Does that secretly mean that I do not give them money but still download their works?

      If so then I apologize, but the truth of the matter is that I have not watched any new movie or listened to any CD released in the last year or so.

    52. Re:Oh goody. by Seumas · · Score: 3, Interesting

      I'll tell you a business model that works.

      I'm not willing to pay $16.99 for a CD in a store.
      I'm not willing to pay $99/track via iTunes.
      I'm willing to pay ~$1.00/CD for tracks from mp3search.ru

      What does this say? Well, I (and many other people) are not willing to pay what the RIAA or Apple say music is worth, but I'm willing to pay something - even though it seems an insigificant amount - rather than wasting my time downloading off of p2p.

      An artist could charge $1/album if they released them online and that would be about as much (or more) than they would have gotten through the traditional industry distribution and production channels. Granted, there's a good chance most of us wouldn't know who they were without the pumping done by their RIAA masters, but that's a little bit beside the point.

      I'm not willing to pay $5 parking, $20 for two tickets and spend several hours of my time round trip to go see a movie that may end up being complete crap in a theater with a sticky floor, shifty seats and annoying audiences. I'm not willing to pay $25 or $30 for a DVD, either. Especially since I'm only going to watch it one time.

      But you know what? Give me a site that I can download any movie from as soon as it is released into theaters (including all of your back-archive) for $3 each in high quality with DRM - but capable of being viewed on whatever hardware I want to for up to, say, 72 hours - and you'll have yourself a happy, frequent customer.

      For the record, I also don't buy books anymore unless I have to. I can't find the justification in charging $10 for a flimsy PAPERBACK *FICTION* book that will give me all of a few hours entertainment.

      On the other hand, with rare exception, I'm willing to pay $40 to $50 for a videogame, because I'll get plenty of use out of it and I'll have a VERY good time in the process. Of course, I have a mac now, so that's kind of a moot point. But... I sure kick ass at multi-player-text-editing!!!

    53. Re:Oh goody. by DMouse · · Score: 4, Insightful

      Assumption 1: you need to spend a hundred million dollars to produce two hours of entertainment to capture my attention.

      Assumption 2: you do this in one off hits.

      Both of these assumptions are based in the manufacturing reality, where spools of film had to be manufactured, transported, and then shown in specially built cinemas. Both of these assumptions are now completely bogus.

      In fact I prefer listening to podcasts, which have a budget in the order of $50 an hour, to watching the latest block buster crap, with it's $50 million an hour budget.

      Why? Because the podcasts are closer to my interests, they treat me as an intelligent, thinking, emotional human being, not a pair of eyes to be dazzled with tits and explosions.

      Story telling. It's an amazing tradition. Something I'm hoping Hollywood rediscovers sooner, rather than later.

    54. Re:Oh goody. by hunterx11 · · Score: 1

      You have a decent enough point that there's no need to surround it with irony and personal attacks.

      --
      English is easier said than done.
    55. Re:Oh goody. by Anonymous Coward · · Score: 0

      "You think people have a moral right to download copyrighted material? You think that making downloading films illegal isn't justified?"

                The physical and non-physical are different. To pretend they are not is literally like calling an orange an apple. But lets forget about that obvious fact because you're too busy reading the Talmud, Bible, or Koran. ANd the RIAA and MPAA have made a good little robot of you.

            I would suggest moralistic people as yourself can't see past the tip of your nose. If you give the state the power to enforce the ability to trace and track this stuff do you think they will only monitor the "wrong' data? Anything they don't monitor will automatically be used for this purpose for downloading. What do you think your holiness will be the next thing the authorities will do?

            Give it a year or two when TOR, I2P, and freenet are under attack will you realize the kind of power you are giving them. Perhaps you wish the state to undermine the 4th Amendment in every conceivable meaningful way? Why do you think the forfathers thought privacy was a good idea?

            People like you are just as "good" as those that supported banning alcohol in the 20s that only causes the organized crime element to explode.

            Pure evil through stupidity.

    56. Re:Oh goody. by DMouse · · Score: 1

      Heh. I'm a cranky coder on friday afternoon, with a hang over, and misbehaving code. Oh, and I'm an australian. Everything comes with irony.

      Sorry about the personal attacks.

    57. Re:Oh goody. by EzInKy · · Score: 1


      odds are that most movies are copyrighted


      You won't know if a file is a movie, music, program, or pure garbage until it's downloaded, let alone if it is being distributed without permission.

      --
      Time is what keeps everything from happening all at once.
    58. Re:Oh goody. by shmlco · · Score: 2, Interesting
      Okay, seriously. What you're suggesting still implies that people have to pay for content (e.g. "Go out and buy the DVDs.")

      Which means that complete and unrestricted sharing is still out. (Anderson even agrees in the Tail article.) So we still need something "loose" like FairPlay (Apple's iTunes DRM) for movies so that content can be produced and paid for. Especially as we move to completely electronic distribution.

      Second, not everything can be a Serenity. Some movies will still suck, no matter what. But hey, people talk, no one buys tickets, and the movie sinks. (Personally, this is why I think sales are down. More independent internet reviews, blogs, and communities mean that the word gets out faster.)

      Third, not everything can be a Serenity. Or a Million Dollar Baby. Or even a Batman Returns. In fact, without a large pool of profitable and semi-profitable movies being made, there probably would NOT be a Serenity movie. The harder it is to recoup your investment, the more risk-adverse you tend to become.

      Which in turn only makes the problem worse. You need enough profit to cover the flops and bad bets, and to make it worth risking your dollars in the first place. And really, do you think that the producers, directors, actors, and everyone else involved all WANT to make a bad film?

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    59. Re:Oh goody. by Silkejr · · Score: 1

      Word.

    60. Re:Oh goody. by akac · · Score: 2, Interesting

      Doing something wrong does not justify that you purchased it later.

      The only moron is the one calling others who make perfectly good remarks of their own opinions a moron. Only a moron would call others names just because you don't like their ideas or opinions. Even if the written letter and spirit of the law is on their side.

      The fact is that you can steal something and then pay it back later - you still stole and still would be found guilty in every single possible court in the world.

    61. Re:Oh goody. by Anonymous Coward · · Score: 0

      You're either a fucking moron, a **AA Goon, or both.

    62. Re:Oh goody. by shmlco · · Score: 1
      "Both of these assumptions are based in the manufacturing reality, where spools of film had to be manufactured, transported, and then shown in specially built cinemas. Both of these assumptions are now completely bogus."

      So now I shoot digital and not film, and transmit instead of ship... so what?

      I still need sets, crews, lights, directors, actors, actresses, makeup, effects people, grips, and writers. I still need to move all these people to a location, house, and feed them. I still need to rent the locations, file for permits, and hire security.

      What, digital productions? Yeah, a complete crew of ILM software engineers and artists and computer systems and software is cheap, no doubt about it.

      And I still need music, sound, editors, and post-production. As far as that goes I still need PRE-production, scripts, storyboards, and animatics.

      Yes, costs are coming down. But the ones you mention are probably the least of the production costs. And for every, say, Good Will Hunting that's made on the cheap cheap and succeeds, there's a hundred others who are made on the cheap... and look like it... and worse, act like it.

      An analogy would be the reduction in equipment and recording costs in music, with the end result of more garage bands getting into the act. But you know what? The majority of those garage bands are still just that.

      You may be right about one thing though. If enough of the costs come down (yours and mine) studios may take more risks on good material...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    63. Re:Oh goody. by koreaman · · Score: 0

      so the fact that you bought them in the end made it any better?

      "Yeah, I stole their single from the music store, but that made me want to buy the album with real money, so it's OK!"

    64. Re:Oh goody. by Anonymous Coward · · Score: 0

      I reject the notion that these people have done anything "wrong." The biggest wrong here is allowing corporate america to dictate ethics to the nation.

    65. Re:Oh goody. by DMouse · · Score: 1

      Let me change the wording of your first sentence for you. What i'm implying is that people still want to pay for content. Yes, yes I do. But on different terms. I want a relationship, not a constant stream of one night stands.

      I don't think DRM is required. Heck, it's not even long term effective. It actually reduces the ability of people to evangalise you. Because it is not your back catalog that is important now, but your future catalog.

      Yes, blogs are toasting movies. I live in australia. I know the stinkers three months before they are released, thanks to the US screenings.

      As to the risk adverse reaction to only build conservative movies, that is a fatal mistake. Because you wind up building fewer and fewer movies, but your hit rate doesn't change.

      The real reaction is to make more movies, for less. A lot less. That way you get the breakout movies that cost 7k to make that still gross 100 million.

    66. Re:Oh goody. by surprise_audit · · Score: 2, Insightful
      the penalty for actual theft is much less than that for copyright infringement.

      Do you suppose that might be because when something is stolen, a single owner is deprived of the thing, whereas when something is illegally copied, the original owner loses out on selling multiple copies of the thing??

    67. Re:Oh goody. by DMouse · · Score: 4, Insightful

      Well, think of it this way. The fact that I got addicted to firefly has sold at least three box sets and ten serenity tickets. In most marketing text books the original content would have been called a "teaser", because it was low quality et al.

      But, if you had your perfect world, where i couldn't get access to the pirate firefly content, you know what would have happened? I would have gotten addicted to something else. A web comic series, say...

    68. Re:Oh goody. by shmlco · · Score: 1
      So you're a cheap bastard. So what? I'm not willing to pay $50,000 for a car either. But some do.

      But I don't, in turn, go out and steal the car just because I think the price is too high. (YES, YES, I know, it's not "stealing" and it's a copy of a car. Go back down to your parent's basement.)

      Where was I? Oh, yeah. The real point here is that, A) as you suggest, we need some economic alternatives to creation, production and distribution that work for all involved (artists/consumers). And B) we need to use them, and stop stealing the other stuff. All theft does is justify the **AA's position that tougher laws are needed.

      BTW, for an alternative that's cheaper, does what I suggest, and not RIAA, check out MagnaTune.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    69. Re:Oh goody. by Anonymous Coward · · Score: 1
      "Providing copyrighted material for upload without explicit permission by the publisher is illegal." - no, actually, copyright infringment is a civil tort (notwithstanding the ludicrious new laws congress has been considering lately)
      no, actually, copyright infringement can be a criminal offense. http://www.usdoj.gov/criminal/cybercrime/17-18red. htm
    70. Re:Oh goody. by Seraphim_72 · · Score: 1
      Dear Dr,

      What he is trying to point out is that copyright as it stands is never what it was supposed to be. I hereby invent the word "Julurgeth". It is the name for my WoW character. It is a new word, unique, all mine. Even posting it makes it mine under the current law. Now, let us say I last for another 70 years, current law says my copyright lasts for death + (90,120, I don't know, fill in your local law here) And in the mean time 200 years later the Cure for Cancer is invented, named (you guessed it) "Julurgeth" in internal memos, and the product is "Julurg" .... "No time to juggle your health, ask about Julurg." ... And my great great grand daughter says "The scourge of Mankind, Cancer, will wait. I own the copyright on the words "Julurg" and "Jururgeth", pay me a royalty, here is proof of my 200 year old copyright on the word "Julurg", that everyone 130 years ago said was dead.

      The deal is that Copyright has become the Jaywalking of the "New Millennium". Is it illegal? Yup. Should I care? Nope. Profit is never a 'right'. And stupidity should be it's own reward.

      Crying every time someone gets sued for breaking the law doesn't make piracy any less unethical.
      You are right, I also don't cry for the unethical practices of the music, pharma, and movie industries - What? Two wrongs don't make a right?

      Realize what they are rebelling against - control. But now, for once, it is the hands of change that are in the hands of the masses.

      Sera

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    71. Re:Oh goody. by DMouse · · Score: 1

      Okay, come into my world for a second. I write software. Back in the bad old days, to write software, you hired a team of programmers, testers, ui designers, documenters, and so on. You designed, developed, and then boxed the software. You shipped the boxes to stores. And hope it sold. Not too much, otherwise places would run out of stock. But also not to little, otherwise you wind up with returns. And if you did really well, you'd get to do it all over again with a sequel. Version 2.

      But now we have a new reality. Software on the web. You start developing your idea, and you throw up an early version, get feedback from some alpha users. You throw in the revisions, and your changes are up same day. And you continue to get feedback as more people come to using your software. And you keep rolling out the changes. You still wind up with the full software development team, but you release your software every day, instead of once every 18 months.

      Can you release a movie everyday? No, not if you define a movie as a 2 hour product. But a web application isn't a boxed software product, but it is the same creative team, using pretty much the same skills, just using the new distribution medium...

    72. Re:Oh goody. by DM9290 · · Score: 2, Insightful

      " You think people have a moral right to download copyrighted material?"

      You have a MORAL right to do whatever you want to do, unless that action causes greater harm than good.

      The question is.... does an owner of intellectual property have a MORAL right to monopolize that IP to the point of dictating what other people may do with their own physical property?

      Saying they do, don't make it true.
      Making it law, doesn't make it true either.

      "The film industry should just let everyone into the cinemas for free because people have the moral right to take things for free rather than paying."

      This is a straw man attack. No one is arguing that. That is a matter of tresspassing on someone elses land (inside their building no less). NOT a matter of immitating something you have seen somewhere. i.e. COPYING.

      "When did the freeloading teenagers take over?"

      I've never downloaded a single movie or song. I've spent over $3000 on my DVD library, and something over $2000 on my CD's. I visit the theatre between 3-6 times a month. But your arguments on morality are way off the mark.

      --
      No one has a right to their *own* opinion. They have a right to the TRUTH.
    73. Re:Oh goody. by Anonymous Coward · · Score: 0

      You forgot your pseudo-meta-tag

      [/religious fanaticism.]

    74. Re:Oh goody. by shmlco · · Score: 1
      One of your comments interests me, "I want a relationship, not a constant stream of one night stands." But have you considered that it's also why many movies depend on known actors and actresses? People build relationships with them. They like them, get to know them, become old friends, and want to see them from time to time. And that's why getting those people is still going to cost more money than I think you were planning on spending.

      With that in mind, a $7,000 movie in all likelyhood isn't going to be much of a movie. You can probably get down to $5-10M range these days, but that's cutting it close. I mean, look at the LOTR series. It took eight YEARS to make those suckers. Some things just are not cheap.

      Finally, I disagree regarding DRM. Even at $5-10M, that's a major investment for someone to make in the pure hope that somebody, somewhere, sometime, might decide to pay them back -- after they've already received the value given. Anderson (long tail) has a point there, in that you probably need just enough to prevent casual copying.

      Maybe Apple will do it right. They certainly came close with tunes and FairPlay.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    75. Re:Oh goody. by Guspaz · · Score: 4, Interesting

      These people did not.

      That's the problem, though, isn't it? I'm going to totally ignore any ethical questions and look at this from a technological standpoint: torrent site log files are not proof of infringement.

      The MPAA has a bunch of IPs that they identified via the log files as downloading the torrent files. The problem is that the torrent files are just metadata, they don't have any copyright content in them. Downloading such a file doesn't mean a user committed copyright infringement, only that they might have. Certainly users may have downloaded a torrent file but never did anything with it. That is, just left it sitting around or deleted it.

      Normally in a court case this might not be a problem. But the MPAA isn't sueing people, they're sueing john does. They have the IP addresses, and they are sueing the people behind those IP addresses. The MPAA needs to prove to the court that these IP addresses commited copyright infringement in order to get the names of the people out of the ISPs via a court order. But since the only information they have is that the IPs downloaded torrent files, they have no direct proof.

      IIRC, in Canada it was ruled that such things were NOT enough to force the ISPs to give up customer/IP matches. I wouldn't be surprised if the courts in the US denied the MPAA's requests to get these IPs turned into names either.

      Am I saying it's impossible? Well, no, the US courts have a tendency to not rule logically when it comes to such issues, as the cases often go before judges that really have no idea what is going on. Why is this the case? I don't know, it could be any number of reasons, but my bet is that either the US court system is overburdened and these types of cases can't get assigned to the proper judges because there aren't enough judges, or that the MPAA chooses their judges carefully.

    76. Re:Oh goody. by shmlco · · Score: 2, Insightful
      You just described television. Just as big a production, release this week's episode, feedback, produce, next week's, and so on along the arc.

      A movie, OTOH, and to use your analogy, is a commercial shrinkwrapped product. Of one piece. Like a book, it has a start, middle, and "the end". There may be sequels, but they too, are self-contained.

      What holds true for one model and process may not neccessarily hold true for the other.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    77. Re:Oh goody. by DMouse · · Score: 1

      I think you misunderstand me when i say "relationship". The "relationship" I form with the stars in a film, is by definition, pathological. It is one sided, unrequited. That isn't a relationship. It's stalking.

      No, I want to enter into a relationship with the provider of my entertainment, be that my cinema, my dvd supplier, my cd store, et al, such that they come to know me. I'm the most important person here. Because I hold the cash.

      Realistically, the halo of angelina and brad, is marketing fodder. They have to be careful to maintain their image, because that is part of their bankability. But that decreases in strength as blogs etc route around the press.

      It's an investment for a one off hit. For a serial it is working capital. You are still thinking about making one offs. Think further out along the curve.

    78. Re:Oh goody. by Jason1729 · · Score: 4, Informative

      No court in the world recognizes "copyright infingement" as theft. In the example being discussed, nothing was stolen and paid back later.

    79. Re:Oh goody. by DMouse · · Score: 1

      Point of note. Shrink wrapped software is dead. No one does it anymore. Apart from MS. Which is losing to google. Notice the pattern?

    80. Re:Oh goody. by Pofy · · Score: 1

      >Besides, even if they did, how is downloading a
      >copyrighted file any different from picking up a
      >copyrighted book lying in the street?

      The difference is in the creation of a new copy. The one "uploading" is infringing in that he is making the work available for the public, the "downloader" in that he is the one making a new copy. One or both of these activities can be infringment of copyright depending on country. Typically, the uploading is infringement in more countries, while downloading can be ok since many countries allows for making copies for private or personal use. Some countries (well, at least Sweden) have added restrictions recently that when making a copy for private use, the original from which it is made, have to be lawfull. Since the original offered for download on the net usually is not offered with authorization from the copyright holder, they are not considered lawfull and one can't use the "I make a copy fopr private use".

      So yes, there is a difference a copy is created in one of the cases, while not in the other.

    81. Re:Oh goody. by Hallucienda · · Score: 1

      agreed

    82. Re:Oh goody. by hairyfeet · · Score: 5, Insightful
      They just don't seem to get that the low quality of the average "ripped" p2p item makes for an excellent teaser/promo.

      I got into Joss Wheadon and bought the entire Buffy/Angel series on dvd because i got to watch a half dozen eps of each on p2p(No WB where I'm at,No cable either).That equals a very big payoff to them thanks to p2p.The same goes for games.I bought the entire Mechwarrior series because of a ripped version of Mech3.

      While i don't agree with dvd iso's i don't see anything wrong with the "ripped" versions.They are either lower quality(Videos) or have features removed/missing(games) and are a great way to check out something that if your only choice was shell out cash you'd probably never try.

      There is so much money they could be making.Imagine a p2p channel with all the movies over 5 years old for 19.99 a month,Or a channel with all those great games from the 9x era, All you want for 19.99 a month.If they didn't use DRM in return for no support I'd be happy to sign up.Instead they just keep beating the dead horse while wondering why no one wants their latest formula crap.Greed+stupidity+lack of vision=lousy business.Just my 2 cents.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    83. Re:Oh goody. by hairyfeet · · Score: 1
      here you go,A link to my favorite site--http://www.all4you.dk/FreewareWorld/links.ph p?search=dvd+to+divx&la=xx--The program you need is fifth from the top.Enjoy.

      And for all those /.ers out ther,Try freeware world team.All the great freeware apps you could ever need+a GREAT search engine.Just type what you need the app to do and they'll find it for you.Wonderful site.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    84. Re:Oh goody. by deaddrunk · · Score: 1

      However there are several alternatives to buying a $50,000 car. There are precious few to be had from the content companies. Here's an real example. I want to watch the last series of Babylon 5. I don't want to pay a lot of money for something I'm only going to watch once, none of the video rental shops carry it and I have no idea when any of the channels over here in the UK will show it again if ever. So what's my legal alternative? There isn't one apart from maybe ebay and I'd rather have a reliable way of getting something that I'd quite like to see (even though it may very well suck). That's the real appeal of p2p, not theft or cheapness (although I'm sure those are a significant factor too) it's the ability to get stuff that you would otherwise have to wait on the content providers to let you see.

      --
      Does a Christian soccer team even need a goalkeeper?
    85. Re:Oh goody. by shmlco · · Score: 1
      "Shrink wrapped software is dead. No one does it anymore."

      Yeah, JUST Microsoft. And Adobe. And Intuit. And Macromedia. And Autodesk. And McAfee. And Symantec. And Red Hat. And Act. And SPSS. And Corel. And Jasc and Extensis and Trend Micro and ScanSoft and Roxio and Veritas. Not to mention id and Electronic Arts and Edios and LucasArts and Activision and Vivendi and Blizzard and Sierra.

      And a few other "minor" players who do other things, but also sell off-the-shelf software like Apple and Sun and IBM and Oracle and Computer Associates.

      Yeah, there's only, what, about half a TRILLION dollars worth of yearly software sales tied to companies that don't do it anymore.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    86. Re:Oh goody. by shmlco · · Score: 1
      Not that it will make a difference but Amazon.co.uk has NetFlix-like to-your-door DVD rentals... including Babylon 5.

      So yes, you have a legal alternative.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    87. Re:Oh goody. by tarunthegreat2 · · Score: 2, Interesting

      Wow this is a great point - it's not people - it's IP addresses. I would think they would at least have to gather evidence that a particular person was using that particular IP (proof said geek was in his momma's basement, e.t.c.). Or am I totally clueless?

      ..US courts have a tendency to not rule logically when it comes to such issues, as the cases often go before judges that really have no idea what is going on. Why is this the case?

      Probably because there are more lawyers than software engineer explaining things to them or more lawyers with some software law. Basically I think analogies and actual studies of who downloads what e.t.c - I don't think these have been covered as thoroughly as they should be. OTOH, you have the DMCA...so why look at anything else, as in, that's the law ergo judges will interpret that and use that for their rulings. And we all know how logical and rational the DMCA is...

    88. Re:Oh goody. by DMouse · · Score: 2, Insightful

      Every single one of those vendors is an old vendor. Selling versions in excess of at least version 5. Where are the version 1 shrink wrapped box versions? Where are the new software startups who are selling shrink wrap software?

      Apart from the two to ten person teams rolling out software on OS X, I don't know of any.

    89. Re:Oh goody. by FireFury03 · · Score: 5, Insightful

      Well, I've said this before:

      Most people, given the choice, want to pay a reasonable price for a legit copy of something. However, currently the pirated material is often "better" than the legit version (for some values of "better").

      For example, the distribution mechanism for illegal movies is better:
        - You don't have to drive to get to see the movie
        - You don't have rediculously overpriced food pushed at you
        - You don't have to put up with 30 minutes of adverts before watching the show you paid an overpriced fee to see (goes back to the "reasonable price" thing above)
        - Not so much an issue these days but it used to be that a lot of movies were released here in the UK long after they hit the US - I can't see how they can complain too much about people getting impatient to see something they've hyped up (still applies to TV though).
        - You don't get accused of being a copyright infringer when you're infringing copyright, whereas you do if you go to the cinema or buy a DVD.

      And yes, I fully agree with you about music - almost all the CDs I buy these days have been (partly at least) downloaded first so I could hear if what I was buying was worth it - the only people who lose out from that are the crap acts who aren't worth buying.

    90. Re:Oh goody. by BackInIraq · · Score: 1

      there is simply no evidence to correlate a decrease in theater tickets sold to pirating.

      Common sense would suggest that pirating might lead to some loss in ticket sales. However, you're right that there is little evidence that it leads to a significant loss in ticket sales.

      This isn't music piracy. The generally crappy quality of pirated movies that are still in theatres available online is no substitute for the real thing. I should know...my only access to current movies for the last 10-11 months has been pirated movies out of Asia, usually just burned DVD copies of the same vids you'd get from BitTorrent. They suck. I gave up watching them after about a month, and now I just wait for the "real" DVD release, at which point I either buy it or borrow it.

      If the studios want to argue that pirating movies online hurts DVD sales, I might be with them on that...but it does very little to affect ticket sales. Even DVD sales aren't affected nearly as badly as music sales, as there are other features on the DVD you are generally missing out on, and storage is generally an issue as well (movies being quite a bit larger than albums).

      If anything, I see this as an attempt to stem the tide of downloading before it can really take a chunk out of DVD sales. It hasn't done too much damage to DVD sales yet, and I don't imagine it would ever do that much damage to theatrical releases, but they have the opportunity now to avoid the mistakes the record companies made and now allow (illegal) online downloading to get a foothold.

    91. Re:Oh goody. by mrchaotica · · Score: 1

      You're truly an idiot, aren't you?

      Real, tangible property isn't artificial. The very thing that makes it property is the fact that only one person can posess it at a time. Scarceness is the defining attribute of property.

      In contrast, information is not scarce. It's inherently copyable -- in fact, every possible use of information requires copying it! What's artificial is restricting that copying.

      To be honest, I don't give a shit about what the Berne convention says about copyright; I care about what the US Constitution says. And it recognizes that free exchange is the natural state of information, and explicitly states the justification for artificially restricting that free exchange.

      The only justification for copyright is to "promote the progress of science and the useful arts," not to provide entitlements to creators. If you think otherwise, you are WRONG. It's that simple!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    92. Re:Oh goody. by qwertme · · Score: 1

      "the freeloading teenagers take over" the young will always "take over" that's how it works.

      I find your post interesting because it makes me think that maybe in the rich society we live in this might be a form of wealth redistribution. (From presumably rich corporations to poorer teenagers)

      It's just an idea. I don't care either way

    93. Re:Oh goody. by EzInKy · · Score: 1


      So yes, there is a difference a copy is created in one of the cases, while not in the other.


      Yes, I understand they are making a copy. That stil doesn't answer the question as to how a person can determine whether downloading a particular file is legal or not without seeing what data that file contains.

      Suppose, for example, someone posts a torrent or multipart rar named "aliens" and another person who is interested in UFOs comes across it while researching extraterrastials. Since the topic is close to his heart he decides to download and view it only to discover that instead of videos of little green men he has "stolen" a movie that stars Sigourney Weaver.

      Now, are you going to tell us that this guy should be punished? People are going to inadvertantly violate copyright law constantly on the internet, there's no way around it unless the sharing of everything is made illegal. The whole idea of prosecuting people for downloading is ridiculous.

      --
      Time is what keeps everything from happening all at once.
    94. Re:Oh goody. by MSZ · · Score: 2, Insightful
      I would also like to point out that laws are not carved in stone and are subject to change.
      Remember the "Gold Rule"? Who has gold, makes the rules. If the laws were for people, there would be no DMCA and probably very limited copyright. Certainly most of the people believe that it's OK to download and share stuff - why isn't law following the public view? But laws are against people and for corporations. Shows clearly who's country is this (and it applies to most countries - in US it's just more obvious).
      --
      The moon is not fully subjugated. I demand a second assault wave preceded by a massive nuclear bombardment.
    95. Re:Oh goody. by GraemeDonaldson · · Score: 1
      You won't know if a file is a movie, music, program, or pure garbage until it's downloaded, let alone if it is being distributed without permission.
      Yes, it'd be much easier if files were named for easy identification, something like "Star Wars Episode 3.avi", instead of some random name.

      Oh wait...
      --
      I think, therefore I am. I think?
    96. Re:Oh goody. by phulshof · · Score: 1

      "Finally, I disagree regarding DRM. Even at $5-10M, that's a major investment for someone to make in the pure hope that somebody, somewhere, sometime, might decide to pay them back -- after they've already received the value given. Anderson (long tail) has a point there, in that you probably need just enough to prevent casual copying."

      That argument's used over and over again, and it's a false one. The large scale of copyright infringment isn't casual copying; it's copying a copy of which the DRM has already been stripped. DRM simply has no influence whatsoever on copyright infringement. As such: I, as a loyal customer, do not wish to be bothered with DRM that prevents me from using the product I bought in any legal way I choose. If you chose to treat me like a criminal using a protection that mostly affects loyal customers rather than infringers, then I see no reason to be your customer.

    97. Re:Oh goody. by KrazzeeKooter · · Score: 1

      Sure, Pick the one rant that anyone brings up morals and call us all a bunch of "entitlement" bigots. This is about many, many things. But I'd like to think it's about business and innovation and that's what 99.99% of posts I'm seeing are about. But I will indulge you on the moral issue.

      "When did the freeloading teenagers take over?"

      Oh, btw, there's your moral entitlement... you stuck your foot in it, or mouth. A culture has a duty to make itself available in some way shape or form to all members of society, without some sort of balance of equality democracy stands no chance. I live in this country where we believe in people, and therefore I want the people who control my future to be well educated to have access to all form of IP, not to be treated like second class citizens... Cars are good, computers are good... but if our society becomes overly dependent on things that not all the the world has access to than we break down... and I do mean world... because increasingly we recognize that not only in this country is this true, but in the world at large... we suffer when South America and South Africa struggle. We hurt when regions are destabilized... So... we think about these global issues and then we act locally by "stealing" IP.

      So playing the devils advocate, let's just exclude the poor, the children, or arbitrarily the rest of the world, places our brilliant companies have decided are to poor to bother releasing material... but it's not DVD's and CD's, it's books and software too... So how long has slashdot been full of entitled bigots you say, well since they had to break the law in order to play DVD's on linux. Since yiddish was no longer a viable language for inclusion in the Microsoft operating system. Since because we used this operation system or hat operating system we couldn't play this media or that software. Since we had to reverse engineer codecs, software, formats and all manner of technology in order to function as humane beings.

      Do you use linux and play DVD's you hypocrite? How would you like it if some corporation determined that you were no longer an economically viable being. Because you spoke the wrong language, used the wrong operating system or lived in the wrong country or because you were in some way physically, mentally, or economically challenged.

      Yeah, that's fucking moral entitlement. You bet your ass it is.

      We're not talking about "everything should be free" this exactly the sort of polar/extreme B.S. framing of the debate that creates the problem. On the one hand they (the corporations we most like to bitch about) are talking codified law including regional encoding, DRM (digital rights management)... a "perfect world" where technology goes beyond law and determines exactly how content can be used in every worldly situation. Like ANYONE can fucking determine that stuff and put it into code... no amount of genius can. None. Are you noticing some similarity with fascism and communism here?

      What kind of absolute B.S. is it that we should have so much faith in those at the center to do what is right!? Why should we sit around and let them build systems and infrastructure that allow them to carry out "perfect law" when history has proven all such attempts to be tyranny as is so clearly visible right now.

      Make no mistake about it that's what they're talking about, that's what apple's fair-play is, or Real media or Microsoft's DRM... these are the topics of the new DVD formats.

      On the other hand what we're saying we absolutely MUST break these format's in order for the culture to stay humane and law to stay in the hands of human beings accessible to the human beings.. to encode it in technology is to remove the accessibility of law from the people.

      Their road is tyranny and our road is NOT anarchy, not by any stretch. So keep spreading around the "everything should be free B.S." Keep mischaracterizing the debate. It does all the good.

      So, we're fighting tyranny, only in this tyranny of capitalism (our new modern

      --
      I am a monkey. This is slashdot.
    98. Re:Oh goody. by Kjella · · Score: 1

      While i don't agree with dvd iso's i don't see anything wrong with the "ripped" versions.

      To be honest, I don't remember the last time I saw a ripped game. Today they are straight up CD ISOs, nothing removed. When I'm moving now I'm getting myself a 20/1.2Mbit line. In theory, I could download a CD in less than five minutes. Ripped games were never about "trial", they were about "I can get this in 3hrs instead of 30hrs on my ISDN line".

      As far as ripped video goes, have you looked at HDTV (source) videos lately? They are at least as sharp as they will be when they come here to Europe on PAL television, and half the size of a CD.

      The only real downside to most people are playback. How do you think HD-DVD offers HDTV in 15GB when DVD can't even do a long SDTV movie like LotR in 9GB? Massive improvements in codecs that are also available to rippers.

      If you want trial versions, you have to actively search them out. Don't delude yourself into thinking that most of what is being traded today is anything like "trialware".

      Kjella

      --
      Live today, because you never know what tomorrow brings
    99. Re:Oh goody. by EzInKy · · Score: 1


      Yes, it'd be much easier if files were named for easy identification, something like "Star Wars Episode 3.avi", instead of some random name.

      Oh wait...


      I've seen stuff like sw3-atotc.rar that claim to be a movie named "Star Wars Episode Three" while perusing binary groups and such, but anyone can claim their files contain one thing when in fact they contain another. Plus, believe it or not, their are people who have never even heard of the movie and download it just to see what a "Star Wars" is!

      The fact is the only way to find out if a file's distribution is illegal is to download it and look at it's contents.

      --
      Time is what keeps everything from happening all at once.
    100. Re:Oh goody. by xiando · · Score: 2, Interesting

      What do you mean "the movie industry has few methods other than movie sales to generate a profit"?

      Why can they not make huge piles of money using BitTorrent when the adult entertainment industry embraces and utilizes the supreme BitTorrent technology in order to generate sustainable, legal returns?

      Could it be that the movie industry simply have failed to accept the new technological area we are in, and therefore also fail to understand that it is oh so incredibly wise to give away some content in order to sell other content which is available for download and purchase on-line?

      Could it be that hard media technology like the CD and DVD are already replaced by BitTorrent and other on-line solutions?

      The main-stream movie industry could be making a lot of money using BitTorrent and other P2P technology. The adult industry understood this years ago. Just look at http://hardcoretorrents.com/ and http://xiando.com/torrents/ to understand that BitTorrent can, when used wisely, be extremely good for you, your health and your shareholders.

      I agree that all kind of illegal action is very bad. But no illegal action is indicated by a person having visited or used a website, even if some parts of that site may or may not have had illegal content. BitTorrent is a perfectly legal protocol and it is also perfectly legal to use BitTorrent sites, and this is specially true now because all the bad illegal torrent sites which once existed are now closed and shut down even though most of them were only trackers and did not host any illegal content at all. It is legal and safe and good for you to use BitTorrent and torrent sites and it can entertain you and make your life better.

    101. Re:Oh goody. by drsquare · · Score: 1

      You're thinking of trademark.

      As for the rest of you pack of rabid nerds, you're just confirming what I already suspected: you secretely hate copyright law and want to be able to download everything for free. I mean come on, today I woke up to nearly a dozen replies, all of them whining about copyrights, without actually saying anything.

      I mean, if you've got an opinion then state it, but all you do is throw red herrings about how 'illegal != immoral' or how 'piracy != theft', without actually giving a solid opinion.

      Download all you want, just don't try to justify it because it makes you look stupid.

    102. Re:Oh goody. by bentcd · · Score: 1

      Copyright law doesn't give you the right to impose a profitable business model upon the copyright holder. If the holder chooses to conduct his business in such a way as to drastically reduce his earnings, then it is his right to do so.
      It may be stupid of him, but the law is on his side.
      Not long ago, a Swedish movie maker sued TV4 (I think) in Sweden for having shown one of his movies with commercial breaks in the middle. He claimed that this was a violation of his rights as the creator of the work and that this resulted in a significant reduction in quality of the end product. The courts found in the movie maker's favour even though showing the movie on national broadcasters with commercials is presumably more profitable than not doing so.

      --
      sigs are hazardous to your health
    103. Re:Oh goody. by Toby_Tyke · · Score: 1

      They'll probably just change the name.

      --
      "I realise this is not a very popular opinion but it's the truth, and there for needs to be said" -Bill Hicks
    104. Re:Oh goody. by Kombat · · Score: 1

      Let's sue the customers.

      OMFG, will you guys please stop using that tired, cliche red herring. They're not "suing the customers." By definition, a customer is someone who pays to consume your product. The people downloading these movies for free are not paying for them.

      There are 2 groups of people here. Those who know right from wrong, and who play along with the rules in our capitalist little society, and pay to see the movies in theaters. The other group think they're entitled to this stuff for free, scoff at people who pay for stuff that's so easy take for free. They're the ones downloading the movies. They're the ones being sued. Since they never pay for movies, they're not "customers."

      I will concede that there is likely a small group of individuals that overlap into both groups, who both download the occassional movie, and see movies in theaters every now and then. Those who pay to see one movie in the theater in a year, while downloading 20, cannot count themselves in this group.

      It's unlikely that many of the individuals being targetted by these lawsuits are in this middle group. The lawsuits, from what I understand, target high-volume traders, who are habitual infringers. These are typically not the type of folks who head out to the theater twice a month (i.e., the MPAA's "customers").

      So stop calling them customers. They're not.

      And for all you pedantic, nit-picking scumbags out there, notice that I deliberately avoided using the words "steal" or "thief" anywhere in my post. So f*** off with that idiotic non sequitur.

      --
      Like woodworking? Build your own picture frames.
    105. Re:Oh goody. by xiando · · Score: 1

      It may be wrong to say Most people, given the choice, want to pay a reasonable price for a legit copy of something.. My understanding is that Most People want everything Free, but are willing to pay a reasonable price for a legit copy. This is why I agree with your arguments for what could be named the modern "Internet Home Video Distribution Protocol" (=bittorrent and such things).

      But this has nothing to do with illegal movies. There may have been a few sites with illegal movies long ago but most such accusations against the innocent BitTorrent users are false claims and evil rumors spread by corporations who feel threatened by new technology and it is only a question of modern distribution vs traditional distribution. BitTorrent is not, and never way, in any way involved in MPAA or RIAA illegalities. http://hardcoretorrents.com/ and other BitTorrent sites are perfectly legal.

    106. Re:Oh goody. by Danathar · · Score: 4, Interesting

      Doing something illegal does not mean it's wrong. It' JUST means it's illegal.

      Your morals don't HAVE to coinside identically with what society deems is right via Law. If you decide to do something that you believe is right and it happens to be illegal then the only thing you need to understand it the consequences for your actions (possible imprisonment).

      There are some Laws that I disagree with, but am definitely not going to risk imprisonment. There are other laws that I might think of violating because I don't believe in their moral correctness AND decide to actually commit because the risk seems low (like say...purchasing something after pirating it)

      [disclamer] Of course my morals are in complete agreement with ALL the laws in my country and I would NEVER think of breaking ANY of them.

    107. Re:Oh goody. by mdwh2 · · Score: 1

      Common sense would suggest that pirating might lead to some loss in ticket sales. ... The generally crappy quality of pirated movies that are still in theatres available online is no substitute for the real thing.

      Indeed, common sense would also suggest that after seeing a good film, but only on a poor quality download, they might want to go out and see it on the big screen whilst they can, thus giving some increase in ticket sales.

      With no hard evidence, it's impossible to say which is true.

    108. Re:Oh goody. by JoeBar · · Score: 2, Interesting
      Wow this is a great point - it's not people - it's IP addresses. I would think they would at least have to gather evidence that a particular person was using that particular IP (proof said geek was in his momma's basement, e.t.c.). Or am I totally clueless?

      This is what I wanna know. Has anyone successfully used the "I have a wireless network, some random neighbor or drive-by hacker was using my internet connection to do this -- not me"?

    109. Re:Oh goody. by Harry+Coin · · Score: 1

      Copyright used to be a moral balance between the output of our culture, and the rights of creators to be compensated for their work. Creators were permitted to profit from their work for a limited time (originally 28 years), and in exchange for this privilege, the work passed into the public domain for all people to benefit from.

      Unfortunately, moneyed interests have bought legistlation from our corrupt government to extend the duration of copyright to ridiculous extremes (life of author + 70 years for authored works, 95 years for works for hire). In effect, the culture that you experienced during your lifetime is inaccessable to you, as you will likely be dead before it falls into the public domain.

      Furthermore, the DMCA was also purchased from congress, which allows copyright holders to completely redefine the already limited terms under which copyrighted material can be used, as long as they use a fig-leaf worth of encryption which is illegal to peek under. This will also prevent vast amounts of cultural materials from even being usable when they fall into the public domain, as the encryption will still be in place.

      The purpose of copyright was to build the public domain of our culture, and to make creative work a viable occupation. The copyright holders have skewed that balance to an unreasonable extreme, and are currently reeducating the public to believe that the public domain either does not exist, or shouldn't.

      Given this situation, with no sense of balance, yes copyrights are immoral.

      --
      That's pre 7-11 thinking....
    110. Re:Oh goody. by holiggan · · Score: 2, Insightful
      Same here, except it was Futurama.

      I live in a country that thinks it's very hip and cool, but it's more like a 3rd world country (no offense to them!)... So, basically, between low coverage and monopolistic practices, I only have 4 (four!) TV channels.

      Anyway, I read about Futurama on the net, and I downloaded a couple of episodes (shame on me!). I got adicted! :D So much that I bought the whole 4 seasons on Amazon! (Yeah, we don't have much TV series on DVD on the retail stores around here either). And I got some seasons of South Park too! And now I'm waiting for "Penn & Teller's B*llshit" to arrive!

      And you know what? If it weren't for P2P, I wound have never get contact with those shows and I would never bought the DVDs...

      Like someone said, P2P would be a awesome way to distribute low-quality "teasers" of TV shows. It worked for me, and I believe it worked for many more people.

      Family Guy is another example. I never saw it (I intend to download an episode or two to try it), but I read that the DVD sales were great. I guess that one might presume that an portion of those sales were directly related with people downloading episodes and enjoying it.

      Maybe the media industry (music, movies, TV, and games) should start listening to their customers, instead of the army of lawyers that they have. And by saying "listening" I really mean "LISTENING", as in opinion polls and stuff.

      And the games industry should really wrap their heads around the whole emulation scene. I mean, emulating a PS2 is wrong, but I sure would pay for the change to have (for example) a thingamajig that I could hook to the TV and get me to play a bunch of Megadrive games or SNES games (you know, like they did for the Atari, the controler-thingy).

      Sorry for the long rant, but it ticks me that we the paying customers are being treated as thiefs, when we are actually willing to pay (and paying!) for the entertainment. Just listen to us, for real, and don't try to ram your both arms and legs up our collective asses...

      --
      "A sysadmin is a cross between a detective, a police officer, a gardener, a doctor and a fireman"
    111. Re:Oh goody. by Anonymous Coward · · Score: 0
      Maybe if the movie industry would cut back the actors' salaries to a more realistic figure, there wouldn't be such a problem making a profit.

      Do we really need to give Brad Pitt or Bruce Willis $20 mil per movie? These salaries are disgusting. It would take the average middle class guy pullin 50k 400 (yeah four hundred) YEARS to earn what that guy makes on some crappy movie in 3 months. Hell it would take the President 100 years to earn that at his base salary. How fucking out of line is that?

      They're out of control. There are gazillions of actors out there who would gladly work for 50k or 100k per movie. They should institute some kind of salary cap, like they do in sports. Then they wouldn't have to worry about needing to make $200 mil on a movie to break even and charging $10 bucks a ticket at the theatres. 60-70 bucks for a family of four to see a movie and have some popcorn and soda on a Friday night is goddamn outrageous.

      I hope the movie industry and all these fucking brainless actors and actresses all go up in flames. But unfortunately it'll never happen because of all the idiot sheep reading The Enquirer and Star magazine drooling over George Clooney's cute butt and just waiting to fork over 10% of their weekly $400 check they earn at the local hair salon.

      F em all

    112. Re:Oh goody. by Haeleth · · Score: 1

      However there are several alternatives to buying a $50,000 car. There are precious few to be had from the content companies. Here's an real example. I want to watch the last series of Babylon 5.

      Um, if you want a $50,000 car, there is no alternative to buying it. All the alternatives - a cheaper car, buses, trains, hitch-hiking - involve not having a $50,000 car. Therefore, despite your nonsensical claim to the contrary, there are also plenty of legal alternatives to buying the last series of Babylon 5, of which the simplest is watching something else instead. You don't need a $50,000 car to get around: so if you don't want to pay $50,000, you can still get around by some other means. Similarly, you don't need Babylon 5 to be entertained: so if you don't want to pay for a box set, you can still get entertained by other means. Why is this concept so difficult for you to understand?

      Leaving aside the technical differences between copyright infringement and theft, I really don't see how your attitude is any different from the attitude of a thief: you want something, you don't want to pay for it, so you decide to obtain it illegally instead. Or "steal it", as most people say.

    113. Re:Oh goody. by Anonymous Coward · · Score: 0

      Of course you realize how open this is to disinformation. The torrent web sites log files only show up downlaoded the torrent, but that does not prove they downloaded the content (a minimum of some log at the tracker would be required).

      So, hit up Google for filetype:torrent and start collecting torrent files. You know, for research purposes and stuff.

      If they threaten to sue, file suit back for a frivolous lawsuit. Suggest to your lawyer that this be made a Class Action lawsuit on behalf of all the John Doe's. Force discovery of all the IP addres (and resulting information) of all current and potential John Doe's which are members of the class. Win. Force MPAA to now use their money to identify all the John Doe's to notify them that they can be members of this class.

      And finally, get articles written in major publications about this "Racketeering". Post references to Slashdot.

    114. Re:Oh goody. by Lagged2Death · · Score: 1

      There are 2 groups of people here. Those who know right from wrong...

      I will concede that there is likely a small group of individuals that overlap into both groups...

      Have you got anything besides strength-of-conviction and high-horse moralizing going on here? Why are you so sure that this is the case? Have any numbers? Any studies?

      Or are you just certain that your own experience and circle of friends is a perfect reflection of the entire planet's population?

      This "pirates aren't customers" idea is the industry line, after all. And the industry isn't exactly known for its honesty. The content providers have habitually distorted and misinterpreted their own sales data, have been found guilty of countless payola scandals and price fixing, use contract policies that are actually illegal in other businesses, etc, etc and on and on. Why would you believe a single word these people say, at this point?

    115. Re:Oh goody. by Anonymous Coward · · Score: 0

      Too bad your rant completely falls apart on this sentence:

      "It's unlikely that many of the individuals being targetted by these lawsuits are in this middle group. The lawsuits, from what I understand, target high-volume traders, who are habitual infringers. These are typically not the type of folks who head out to the theater twice a month (i.e., the MPAA's "customers")."

      This is just a complete fallacy. Those that download large numbers of movies are movie fans. Those that pay large amounts of money to the film-studios are... ... movie fans! It's really not rocket science, but if it were the only thing your argument just showed is that you aren't much of a rocket scientist.

      Also, before attacking a single line you just happened to see pass before your eyes while scrolling down to the reply button, maybe you should have read some of the posts you hurried past. There's close to half a dozen posts above yours giving perfectly valid (real-world!) examples that those downloading the movies are indeed customers, and some of the best ones too.

      You madam/sir, have your head up a very dark and stinking place. Good thing too, you can kiss and make out with the hollywood bozos, they're in the same spot.

    116. Re:Oh goody. by Bodysurf · · Score: 1
      "Certainly users may have downloaded a torrent file but never did anything with it. That is, just left it sitting around or deleted it."

      Or the logs may have been forged. Or the file may have been corrupt. Or the file may have contained a review of a movie or a trailer. Or someone may have trojanized the person's system. Yadda, yadda, yadda.

      One is more than welcome to argue all those possibilities in the civil litigation process.

      It will only cost you a few thousand dollars in attorney fees to do so. THAT'S THE BIG PROBLEM.

    117. Re:Oh goody. by HTH+NE1 · · Score: 1

      so the fact that you bought them in the end made it any better?

      "Yeah, I stole their single from the music store, but that made me want to buy the album with real money, so it's OK!"


      As opposed to people being paid to work somewhere where the music is played and deciding to buy it? Or hearing it for free on the radio? Seems the difference is your argument requires the misappropriation of a physical object.

      Last I checked they still sell devices in retail stores which will record music from radio signals to non-DRMed media! And they don't have to be hacked to do it; that ability is part of their intended design!

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    118. Re:Oh goody. by cdrguru · · Score: 1

      Why are you a customer???

      It is free for the taking out there, so don't be a chump. The "new way" is there is absolutely no way for them to make money from this stuff - it is distributed for free. Period. Other people grab it and make it available to you. You have little or no risk, so take it while the taking is good.

      There is no point in "being a customer" while it is free - you are being a chump. Therefore, they are not "suing customers" - they are trying desperately to squeeze out the last dime from a revenueless business.

    119. Re:Oh goody. by HTH+NE1 · · Score: 1

      That stil doesn't answer the question as to how a person can determine whether downloading a particular file is legal or not without seeing what data that file contains.

      Indeed, while it would be illegal to, say, download a song by Madonna on P2P, it would not be illegal to download a file that purported to be that same song by Madonna but was instead a loop of her saying, "What the fuck do you think you're doing?"

      She or her agents made that recording available for P2P. Even though she does still retain copyright over it, she has released it for distribution over that media. Any copies made over P2P of that WTFDYTYD recording are implicitly legal as the original "infringement" is in fact the copyright holder who cannot infringe the copyright of their own work.

      It's like posting to Usenet and getting upset that millions of copies of your (by Berne Convention automatically copyrighted) message get made without your explicit permission. By posting to a medium where copying is inherent to the automatic function of the medium, you've given implicit permission for such copying.

      IANAL

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    120. Re:Oh goody. by HTH+NE1 · · Score: 1

      And just out of curiosity, what new business model (paid content) works when people think that they're entitled to it for free?

      Advertisement.

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    121. Re:Oh goody. by Anonymous Coward · · Score: 0

      love your sig... but you left out a few -- paranoid schizo, porn addict, and just plain old nosey busybody

    122. Re:Oh goody. by Nerdfest · · Score: 1

      Why? Because the podcasts are closer to my interests, they treat me as an intelligent, thinking, emotional human being, not a pair of eyes to be dazzled with tits and explosions. Hey, some of us _really like_ tits and explosions.

    123. Re:Oh goody. by Anonymous Coward · · Score: 0

      Is it morally acceptable to undermine the system of law in general by disobeying the laws that are more restrictive than your convenient morals?

    124. Re:Oh goody. by Guspaz · · Score: 1

      That's not the big problem, because here in Canada, it was the high paid lawyers of the incumbent ISPs like Bell Canada that argued such things. They won, and Bell didn't have to give out names for the IPs.

    125. Re:Oh goody. by ivan256 · · Score: 1

      Is it morally acceptable not to undermine a system of law that forces laws on you that unduly restrict your freedom?

      There is a thing called Civil Disobediance for a reason. The point of our society isn't for us to all fall into line and behave as we are supposed to. The point is for us to all be able to tolerate and mutually benefit from each other to some extent. The concepts of lawfulness and morality are completely disjoint, and it's a damned good thing too. If it weren't we couldn't have things like freedom of religion.

    126. Re:Oh goody. by deaddrunk · · Score: 1

      No I've done without because I don't agree with piracy. My point, which you have totally ignored in your desperate need to put me down, is that the convenience of being able to watch what you want when you want to is an enormous (and quite possibly enormously profitable) reason why p2p is so popular. Babylon 5 was an example you dumbass not the whole story. The sooner the content providers open their fucking eyes the better for everyone including them.

      --
      Does a Christian soccer team even need a goalkeeper?
    127. Re:Oh goody. by deaddrunk · · Score: 1

      Good point, although I'd rather just pay a one-off fee than a monthly one. However the ability to download it and watch it the same day would be even better.

      --
      Does a Christian soccer team even need a goalkeeper?
    128. Re:Oh goody. by Hungus · · Score: 0

      Amazing how badly the truth hurts isn't it? If you do not like something someone says mod t with troll of flame-bait that way it can't hurt you anymore. The truth of the matter is that our society has lost its way and that matters of morality and truth have been replaced with whatever you want them to be. Fortunately the truth or its resolution have not changed.

      Keep modding me down when you manage to get my Karma dropped below normal I will stop posting on slashdot. Until then I will continue to espouse the truth in this forum.

      --
      Bad Panda! No Bamboo for you! In matters of importance ACs will not be responded to. Want to say something critical,OK
    129. Re:Oh goody. by Seraphim_72 · · Score: 1

      I am not thinking of trademark, and I thought I was being quite plain. I don't secretly hate copyright law, I actively openly hate it. And perhaps if you go back and read my post you will notice that I was tring to explain something to you. I would hardly call that "whining"(sic). What has happened is that us "pack of rabid nerds" are arguing philosophy while you want us to be mired in the concrete thinking that you seem to want to be in. But go ahead and believe in your moral absolutes. If you really want to believe that 'illegal=immoral' (and thus 'immoral=illegal') then I will gladly sit on the bench next to the jaywalkers, those who tickle women in Virginia, those who kiss on a train in Wisconsin, those that make an ugly face at a dog in Oklahoma, and all the other amazingly dated and silly lawbreakers out there.

      You will also note that I never said I downloaded anything, so take your hate elsewhere.

      Sera

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    130. Re:Oh goody. by hairyfeet · · Score: 1
      I think the reason that is is because all the old guys got popped.It takes a lot of skill to squeeze a 1.5 gig game to 145 meg and make it work.Today you get 19 year olds who run clonecd and think that makes them a hacker.

      But there is still good money to be made on older movies/games.Where i live there are a LOT of folks who can't afford 3.6 GHZ monster gaming rigs and the stores don't carry titles for older machines hardly anymore.

      If anyone at /. is good at writing scripts and using DOSbox and are interested please email me at Hairyfeet AT direcwayDOTcom because i think i have a good idea for a shareware disc that would make some cash on ebay.There are hundreds of great games that still have life in them.

      And as for searching out "trial" versions-I've tried that,But even the stinky poo games always seem to have one good level on them,And guess which one they use as the demo? ;)

      --
      ACs don't waste your time replying, your posts are never seen by me.
    131. Re:Oh goody. by crankyspice · · Score: 1

      No court in the world recognizes "copyright infingement" as theft.

      Really? You might want to tell that to the L.A. Superior Court; just got this off the wire:

      • Los Angeles - - Los Angeles County District Attorney Steve Cooley announced today that the state has charged Jed Frederick Kolbes, who operated a major Internet hub that facilitated copyright theft online, under California conspiracy and conspiracy to commit grand theft laws. Kolbes today pled guilty to the charges.

      Seems they recognize even vicarious copyright infringement as 'theft' in at least one court.

      Where'd you get your J.D.?

      --
      geek. lawyer.
    132. Re:Oh goody. by DMouse · · Score: 1

      I suspect your interests will continue to be covered by hollywood for some time :-)

    133. Re:Oh goody. by DMouse · · Score: 1

      I like going and watching movies on the big screen. In fact, I am waited with baited breath for the introduction of the digital cinemas so that there will be the possibility that we will get to re-watch the classics on the big screen. Casablanca, for instance, I would happily pay my $15 to see...

    134. Re:Oh goody. by crabpeople · · Score: 1

      "You think people have a moral right to download copyrighted material? You think that making downloading films illegal isn't justified? What world do you live in?"

      The world where I think that if someone produces culture, the culture should be able to access it?

      let me re post a classic slashdot (tm) post because really, no one has said it better than this guy

      http://slashdot.org/comments.pl?sid=05/01/08/16152 29&threshold=1&commentsort=0&mode=nested&cid=11297 906

      Theyre stealing from ME - by dmayle (Score: 5, Interesting) Thread

      Ive been waiting for just such an article as this to point out something that
        Ive recently come to realize. Everytime theres a copyright article on
      Slashdot, there is the inevitable discussion on piracy, copyright
      infringement, and stealing. In going over all of the arguments, Ive come to
      realize that it is stealing, only everyones got it backwards, the *AA, et al,
      are stealing from ME

      The U.S. constitution makes it clear that works protected by copyright belong to
      the public, and granting of copyright should apply only to authors and inventors
      to promote the Progress of Science and useful Arts.

      Well, each time Congress extends the length of copyright or strengthens patent
      law, theyre stealing from me, theyre stealing from you, and theyre stealing
      from each person in this country who could gain anything from that work, even if
      its just 90 minutes of enjoyment from watching an old movie for free. I, for
      one, am outraged, and now that Congress has turned to looting from me for the
      benefit of the few who are wealthy and powerful, I will feel no remorse when I
      download music, or copy DVDs.

      Its high time we started taking back our country, and if you think that control
      of information isnt the most important thing we have to fight for, then youve
      never studied oppressive regimes. So, copy a DVD for your family, download some
      MP3s, and help to start a revolution (in thought)

      --
      I'll just use my special getting high powers one more time...
    135. Re:Oh goody. by shmlco · · Score: 1
      "Advertisement"

      Sorry, you forgot you're on /., the home of "it's my right to install ad blockers so I never see anything that might help pay for the free information I'm receiving."

      Also the mantra of the Tivo crowd.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    136. Re:Oh goody. by Jason1729 · · Score: 1

      What is "copyright theft"? It sounds like a different charge than "theft". Do you have the number of the charge in the California Code?

    137. Re:Oh goody. by KarmaOverDogma · · Score: 1

      While in most cases it would be a moral deficit to say downloading copyrighted materials is not morally wrong, there are a good many things that annoy me and other slashdot users about copyright law:

      1) Copyright law is way too long in most cases. Why in the world does steamboat willy need to still be protected? Why does singing "Happy Birthday" to my child in a restaurant have to subject me to criminal prosecution (it probably wouldn't happen to me, I know, but it did happen to the Girl Scouts by ASCAP)?

      2) In many instances for Copyright violation, the penalty is, IMO, unjust. If you steal a video from the store, you comitted a misdemeanor and will likely get fined and maybe probation unless you are a repeat offender and/or an asshole (then you may also go to jail). If you illegally upload the same single copyrighted movie that costs, say, $14.95, you may have committed a felony and can go to jail for several years. Inequity anyone?

      3) **AA seems to have a thing about maintaining complete control over content distribution, even if it means buying a politician to manufacture a new law and not making a good faith effort to find alternative ways to compete. Also, if you look at the history of the RIAA in particular (read the book Hit Men by Fredric Dannen) their complaints about lawbreakers is akin to the pot calling the kettle black.

      Now I know none of this can excuse what is the illegal behavior of obtaining copyrighted media that doesn't belong to you, or redistributing it illegaly. Now matter how you pack it, in most cases (like what you complain about in your post) a crime is still a crime. But all crimes are best understood in conext, lest we (you) forget why they happen in the first place.

      What my above listed opinions are for is putting some of the /. slant in some perspective

      --
      uR iGn0ranc3, Their Power
    138. Re:Oh goody. by Danathar · · Score: 1

      Your sentence becomes weaker (as in it does not clearly describe your position) by using words such as "system of", "in general" and "convenient". You should jettison words and phrases like that as they don't really add to what is being said (argumentatively) other than emotional baggage.

      As to the question of is it morally acceptable? Only you can answer that question as only you are responsible for your actions.

      People ban together in groups/tribes/countries because they share some common ideas like morals, religion, ect...if the majority of people in a group/tribe/country that you reside with does not agree with your core beliefs, and you can't convince them through non-violent means, maybe you should move to another group/tribe/country that DOES agree with your core beliefs.

    139. Re:Oh goody. by holiggan · · Score: 1

      Yeah, I know, but I was trying to keep the sig PG13 ;)

      --
      "A sysadmin is a cross between a detective, a police officer, a gardener, a doctor and a fireman"
    140. Re:Oh goody. by cfuse · · Score: 1
      No court in the world recognizes "copyright infingement" as theft.

      Not yet. But the RIAA/MPAA are lobbying as hard as they can.

    141. Re:Oh goody. by Anonymous Coward · · Score: 0

      your sig=new keyboard thanks....haven't had a good laff in a while!!!! "Brought to you by Windows ME--When the gift of crabs just isn't irritating enough"

  2. Imagine... by DrifterX79 · · Score: 5, Funny

    that after all this time they figured out how to use log files to their advantage

    1. Re:Imagine... by epiphani · · Score: 5, Insightful

      Dear MPAA:

      Please explain how the logs you cite prove I downloaded your movie. The logs show a 28k ".torrent" file. I was unaware that your movies could be compressed to such a degree! I would now like to direct you to my large DVD collection.

      Fuck You,
      Your Customer.

      --
      .
    2. Re:Imagine... by jack_csk · · Score: 2, Insightful

      Exactly.
      The httpd-access.log can only prove that your computer had download the torrent. It may serve as a supplementary information on where you got the torrent for that illegal download. Only the dumbest jury will find it persuasive to prove an illegal movie download / copyright infringement.

    3. Re:Imagine... by man_of_mr_e · · Score: 2, Informative

      While it's true that the http logs only show that you downloaded a torrent, they also kept tracker logs as well. They know exactly how many bytes you downloaded, whether you "finished" the file, etc.. (that is, unless you were using a client that didn't accurately report that information).

    4. Re:Imagine... by Anonymous Coward · · Score: 0

      I sure hope easynews doesn't keep log files...

    5. Re:Imagine... by ericdano · · Score: 1

      Its the threat of a lawsuit that will make people scared, and pay out.

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    6. Re:Imagine... by Spectre_03 · · Score: 1

      I would now like to direct you to my large DVD collection.

      THe point being that those downloads may not have been illegal, but an easier way to get the content in a different format?

      I posted above about this, but maybe I want the dang thing in DivX/Xvid format, for my PS2 that I can stream it to from my file server so I don't have to load the disk when I want to watch it. I just browse to one of the movies I ALREADY own and watch it. No fuss no muss, and, NOT ILLEGAL!!!

      Who would have thought that downloading something just might NOT be illegal, I certainly wouldn't have pondered that idea...it's amazing what the law's don't cover and what we can get away with even when we have no right to obtain that search warrant due to "no probable cause". Since when did downloading == probable cause? So I download something, I MUST certainly be stealing it. When did our legal system lose our right to privacy and fair use and go straight for the two dollars that the industry "lost". The money they are losing is their own fault. But I digress, and go back to reading my tech books instead of watching/listening to the mindless drivel pumped out of the "entertainment" industry.

      I will freely admit one thing, in general, the best entertainment I have been provided as of late is watching the "entertainment industry" die a slow death of their own greed and causal. (Notice I Said in general? Yes I do enjoy some of it, but very little...)

    7. Re:Imagine... by ZosX · · Score: 4, Insightful

      That is if the tracker is hosted on the torrent site. Most of the time this is not the case. Typically all the originating site is providing a torrent which connects you to the tracker site. So the parent is correct. In 90% of the cases you are just downloading a 28k .torrent. Hardly infringement unless they can prove that you downloaded the whole file and went on to seed. See, it isn't the downloading that they typically look at, its the distribution. They want to go after the people setting up seeds and trackers a lot more than the casual person that downloads last week's episode of Deadwood.

      Personally, I would love to buy things on DVD like Deadwood, but when I went out and priced Season 1, they wanted $100 for it. Since I already payed HBO to watch their channel for the whole season, I couldn't justify spending $100 to watch it again. I ended up missing the last few episodes of seson 2 and they expired on On Demand, so I was left with two choices: Wait 6 months and pay $200 for both seasons or download them all for free. It wasn't a really tough decision for me, especially considering how much more I could use the $200 for better things. I could see if it were to be like $40-50, but come on. They would probably sell a whole lot more if they dropped the price too. I mean that works out to a little less than $10 an hour for entertainment. That's more expensive than a movie ticket, nearly twice as much.

      Great series though! I can't wait to see if they do a season 3 and I really hope they pick of the pieces of Carnivale because the season 2 finale was a really cheap way of ensuring there will be a season 3. All that buildup to the most anti-climatic ending of a series I've seen in a long time.

    8. Re:Imagine... by man_of_mr_e · · Score: 1

      While it's true that many of the trackers were hosted off site, there's also the fact that the website itself monitored the trackers (so you could see how many seeders, leechers, etc..) and this information may well have been logged as well. In fact, they could have very well been logging everything the tracker knew.

      I'm just saying, don't assume they don't have that information. It's quite possible, they do.

    9. Re:Imagine... by Sancho · · Score: 1

      It's not stealing, no matter how much they want you to think that it is. It's copyright infringement. You did not have the RIGHT to COPY the file.

      Of course, until Bittorrent, it was unreasonable to target downloaders. With Bittorrent, if you download, you also upload. What they're suing you for, then, is the uploading of the file. It just so happens that you were uploading it so you could download it (strange as that may sound).

    10. Re:Imagine... by ericdano · · Score: 1
      Ok, so, say they did keep everything. Tracking Stats, bytes transfered, etc. How can anyone say it was you?

      So you have a huge list of IPs. Ok, some of them might be static. Most are dynamic. You would need information from the ISP to get who was using that IP at that time. And what if it was spoofed? What if the logs were wrong? Is there a second source to verify anything?

      I mean, if you did get sued, and you said it wasn't you, isn't the burden of proof on the MPAA and the RIAA? I see so many outs that it seems like a huge waste of time and money to actually take it to trail. I think the "fear factor" is the thing that is working. You hear about these lawsuits. You wonder....you fear downloading that torrent off that site, even though you want it.

      It's also like Microsoft saying they are secure, or an "innovator" or whatever.

      The fear thing has me NOT doing Bittorrent anymore other than my addiction to Bleach fansubs ;-)

      --
      It's either on the beat or off the beat, it's that easy.
      I moderate therefore I rule!
      --
    11. Re:Imagine... by man_of_mr_e · · Score: 1

      Indeed, you probably could win a lawsuit against the MPAA if you really wanted to. But it would probably cost you a lot more than they offer to "settle" with you for. Probably 2-3x as much, if not more.

    12. Re:Imagine... by ZosX · · Score: 1

      That's why you declare pauper status (if you can) so your court filing costs become free. Then you file massive 50 page responses, challenge their discovery process, and as the parent said, place the burden of proof on them. The more 50 page filings their lawyers get the faster they will drop the case. If they cannot prove that it was my IP and that I was the person responsible for downloading a movie, well then, they really don't have much of a case do they? This is precisely why the RIA and MPAA have been going towards the top of the pyramid because they would have a hard time proving that and end user was stealing their stuff, and in the end it really isn't worth all of the legal fees to get a small judgement that may or not be paid. I don't think I would ever settle. Not for the $10,000 or so that they have been settling with people lately. You sure as fuck don't get fined $10,000 when you walk into a store and steal a DVD, nor do you get jailtime. How is this any different?

      I've been thinking about opening up a wireless AP so in case the lawsuits ever start rolling in I can absolve myself of all responsibility. How the hell can I be responsible for what my neighbor is doing on my network with an open, unlogged AP?

      If the responsibility falls on me as a network provider than ISPs are responsible for peer-to-peer and I think there are court cases that demonstrate that they are in fact not responsible.

      Case law helps tremendously. It also helps that I used to be a legal assistant. :)

    13. Re:Imagine... by Anonymous Coward · · Score: 0

      One word: TRACKER
      You sent a message to everyone you were connected to including the tracker that said "completed".

      Interestingly enough, they didn't need the logs to get this information. With enough computers (~100 would do) they could probably see 90% of the people connected to a decent-sized torrent by just connecting themselves.

    14. Re:Imagine... by Anonymous Coward · · Score: 0

      I'm surprised that nobody seems to remember that most BT web sites also run their own trackers. Trackers can have logs and whey know who downloads what chunk of data.

    15. Re:Imagine... by Anonymous Coward · · Score: 0
      The logs show a 28k ".torrent" file


      Not so. Many trackers are PHP based and run on apache. Your bit torrent client periodically "calls home" to the tracker and reports stastics, most importantly the hash, bits uploaded and bits downloaded. Also wether the file has been completely downloaded. This information is all transmitted as a HTTP get from the client to the tracker/webserver.

      The largest trackers probably don't log all this information (because of the extra resources 50,000+ clients connecting every few minutes would cause), some almost certainly will.

      Many trackers also store all this information in a database to track user ratios and such like.

      This isn't too relevant to suprnova because they got rid of their trackers and became purely a torrent site. But many of the other torrent sites are sure to have kept some of these logs.
    16. Re:Imagine... by man_of_mr_e · · Score: 1

      Indeed. Most people don't have the familiarity with the law that you do, and simply would not know what to do, or even HOW to file a 50 page legal brief (much less dozens of them). Further, you have to consider the other expenses, including time taken off of work to defend the case, etc..

      However, even if you do ALL that, and it still goes to court, you're still going to be dealing with a judge who likely doesn't understand technology and will treat an open AP as the same thing as an open swimming pool or something where someone is hurt or killed, YOU would be considered responsible because you allowed people to use it.

      What's more, the more technical knowledge you display in defending yourself, the more it will count against you that you SHOULD Have known better.

    17. Re:Imagine... by code_elite · · Score: 1

      Unfortunately, Carnivale was cancelled. I couldn't find an official confirmation on hbo.com, but Google turns up a lot of related information.

  3. suprnova? by MikeSty · · Score: 0

    When did it come back!?!!

    Thanks hollywood schmoes for alerting me of this!!

    1. Re:suprnova? by rkhalloran · · Score: 1

      Sadly it hasn't: turning over their log files was apparently part of the settlement for them and Loki not being hit with a seven-figure lawsuit for 'contributory infringement', and the studios' lawyers have just now got around to parsing them.

      They probably figure this is how to get back all that money they lost on the War of the Worlds remake and The Island, by suing a bunch of customers. Brilliant...

  4. I hate to say this about IP lawsuits... by amalcon · · Score: 4, Interesting

    GOOD!

    BitTorrent is all but DESIGNED to be traceable. Maybe this will make people finally notice. That would (hopefully) do a lot to legitimize it.

    --
    -Amalcon
    1. Re:I hate to say this about IP lawsuits... by Alex+P+Keaton+in+da · · Score: 2, Interesting

      From the article... "BitTorrent creator Bram Cohen has warned in the past that using his technology to distribute material illegally is a "dumb idea," because the file-swapping tool is not designed to hide the identity of anyone using it."
      So it is sort of like waving to the camera while robbing a bank. Don't be surprised if you get caught. I doubt these were slashdot posters of computer people, likely frat boys and jocks that didn't know any better....
      My favorite stories, which happen a lot up here (Ohio) in the winter, are when the police catch thieves by following their tracks in the snow, from the scene of the crime, right to their house. Seems like the MPAA is doing a high tech version of this...

      --
      And All I Ask is a Tall Ship And a Star to Steer Her By
    2. Re:I hate to say this about IP lawsuits... by scenestar · · Score: 0

      No offense, but you sound like someone who does the suing.

      --
      perpetually dwelling in the -1 pits
    3. Re:I hate to say this about IP lawsuits... by Anonymous Coward · · Score: 0

      i thought he sounds like a moron.

    4. Re:I hate to say this about IP lawsuits... by name773 · · Score: 1

      nah, it's more like robbing a bank without a mask and simply paying no attention to the cameras

      except that so many people do it, and so few people even read the logs.

      the anecdote made me feel warm and fuzzy inside :) thanks

  5. Usenet? by Neo-Rio-101 · · Score: 4, Funny

    So, um, when is Hollywood going to go after Usenet?

    *crickets chirp*

    --
    READY.
    PRINT ""+-0
    1. Re:Usenet? by Anonymous Coward · · Score: 0

      So, um, when is Hollywood going to go after Usenet?

      SHUTUP SHUTUP SHUTUP!!!!!!! They probably didn't know about it until now...

    2. Re:Usenet? by jcnnghm · · Score: 1

      Yes, please don't tell that about the safe haven.

      --
      You don't make the poor richer by making the rich poorer. - Winston Churchill
    3. Re:Usenet? by AndroidCat · · Score: 2, Funny

      Could they grab the chickenhead posting his entire Star Trek video collection to alt.binaries.scooter ("pictures of scooters and related items") first? That would make me very happy!

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:Usenet? by rk2z · · Score: 2, Interesting

      Seriously though how hard is it to get caught using newsgroups, I assume that while the quantity of people using news groups is considerably less than the number of people using p2p services so that is probably the main reason, but does anyone know how hard it would be to figure out who is downloading what? Wouldn't your ISP have to actively snitch one you? Sounds like a good way to waste company resources and piss off your customers.

      --
      This is a sig, there are many like it, but this is mine.
    5. Re:Usenet? by Neo-Rio-101 · · Score: 1

      Sorry, I should correct myself...

      When are the going to go after the sneakernet?

      *crickets chirp*

      --
      READY.
      PRINT ""+-0
    6. Re:Usenet? by Kythe · · Score: 2, Informative

      Moreover, they'd have to keep logs (several major Usenet service providers, such as Giganews, explicitly say they don't) and since the copyrighted material is being hosted on their servers en masse, it seems to me that their own liability would be quite a bit higher.

      Of course, this could be used to leverage them into giving up any logs they do have. But I rather think that it would open a can of worms, especially for big ISP's: it's one thing to give up logs that show infringement by a customer or two upon being subpoenaed; it's quite another to get sued yourself. And if the **AA goes after Verizon, Comcast, Giganews, etc., they're going to have a fight on their hands. Thus far, the **AA's seem more interested in picking on those who can't defend themselves.

      --

      Kythe
    7. Re:Usenet? by Anonymous Coward · · Score: 0

      Shhhh... Ixnay on the uusnettay

    8. Re:Usenet? by Nursie · · Score: 2, Funny

      Shshshsh!

      Remember the first rule of Usenet - You DO NOT talk about Usenet.

    9. Re:Usenet? by Anonymous Coward · · Score: 0

      i thought that was fight club ...... ut oh

    10. Re:Usenet? by celerityfm · · Score: 1

      I've said it before and I'll say it again, the only possible explanation for the continued existence of USENET in the form we know it, is that it's probably one of the best sources of leads for capturing child pornographers. My theory is that governments won't let anyone touch it because they fear losing those leads.

      --
      ...unfortunately no one can be told what The Mat^H^H^HGoatse is...they must experience it for themselves...
    11. Re:Usenet? by Skraut · · Score: 1
      As soon as they make a sequal to Don't Copy That Floppy

      They've been rehashing all the other trash this year, when will we see "Don't Copy That DVD 2: The Revenge of Don't Copy That Flopy"

      --
      Introducing Microsoft Vacuum 1.0 The first Microsoft product that doesn't suck.
    12. Re:Usenet? by computational+super · · Score: 1

      Hehe - I've wondered about this myself. When you look at the "feature list" of a lot of Usenet service providers and they include things like "we don't keep any logs!", "we protect your anonymity completely!", "pay anonymously by money order!" and "even your ISP won't be able to tell what you're downloading!"... I have to wonder if it's the FBI hosting the servers in the first place. That would be funny, though, 'cause lots of non-illegal stuff that the FBI would be a tad embarrassed about being involved with passes through those servers, too...

      --
      Proud neuron in the Slashdot hivemind since 2002.
  6. Legal? by wlan0 · · Score: 3, Interesting

    In what ways is it legal for them to use the logs of Suprnova and Lokitorrent?

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

      In what ways is it illegal to use those logs?

    2. Re:Legal? by LupusUF · · Score: 1

      "In what ways is it legal for them to use the logs of Suprnova and Lokitorrent?"

      the article says that they got the LokiTorrent server logs via a court order. Though, this case does not involve the use of these logs...they may/will use them in the future. Since the courts gave them the logs, I doubt they would find it to be illegal to use the logs.

    3. Re:Legal? by wlan0 · · Score: 1

      Where did they get them? Are they not property, intellectual property of the owners of both these sites?

    4. Re:Legal? by slavemowgli · · Score: 4, Insightful

      For that matter, why did those sites keep logs, anyway? That seems like a pretty dumb idea to me really; there was at least one case in the past where a site (Cryptome?) was subpoenaed for httpd access logs but came back saying that they didn't keep any.

      I don't want to advocate copyright infringement, but if you do it, then you at least shouldn't do it in a blatantly amateurish way...

      --
      quidquid latine dictum sit altum videtur.
    5. Re:Legal? by Muerte23 · · Score: 5, Interesting

      One thing though, would this be admissible with regards to hearsay laws?

      If I make a list of random IP addresses and add random movie titles, can I be subpoenaed and those logs used to sue people?

      It's not like the police came to someone's house and found a movie on their computer - an internet lowlife had that person's IP address on their server. Was it created by a bot?

      Where's the proof? Does there need to be any? I understand that civil cases have a lower standard of guilt, but does anyone know for sure?

      m

    6. Re:Legal? by Anonymous Coward · · Score: 0

      Where did they get them?

      From a court order, of course. All legally approved.

      Are they not property, intellectual property of the owners of both these sites?

      I would assume, given the above, that they have the express permission of the authorities/courts to use said logs as they see fit.

      Next question, please.

    7. Re:Legal? by Anonymous Coward · · Score: 0

      Even if they have your IP, how long do ISPs that assign dynamic IPs keep track of who had what IP at what time. You wouldn't think that they would keep logs indefinetely.

    8. Re:Legal? by epiphani · · Score: 1

      As someone who has intentionally turned off access logs because 800 megs of daily logs is stupid, I agree. I cant exactly imagine that suprnova kept consistant logs for very long - its a huge data warehousing project.

      --
      .
    9. Re:Legal? by cpt+kangarooski · · Score: 3, Informative

      One thing though, would this be admissible with regards to hearsay laws?

      Without getting into the details of what hearsay is and isn't, I'd say that your typical everyday logs will likely fall within the business records exception to the hearsay rule, and be admissible for the truth of their contents. Depends on the circumstances surrounding their making, of course.

      If you're in a situation to make logs of this sort of activity, however, you might want to reconsider whether or not you want to do so.

      Where's the proof? Does there need to be any? I understand that civil cases have a lower standard of guilt, but does anyone know for sure?

      Well, evidentiary issues (such as whether the logs are inadmissible hearsay) deal with whether the jury ever gets to know the logs exist, and gets to know what they say. If they're inadmissible, the jury doesn't get to know about them, and can't make a decision based on them.

      If they are admitted, however, the jury gets to decide for themselves whether or not they trust them. They can always disbelieve them.

      However, the burden of persuasion in civil cases (i.e. any case brought by RIAA, MPAA, etc.) is one of a preponderance of the evidence. If it is at all more likely that something is true than it is false (a 51% rule) then it's considered to be true.

      --
      -- 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:Legal? by Bodysurf · · Score: 1

      Ask the people who were sued by DirecTV on the sole basis of purchase records, but no proof the stuff was actually used, whether logs are good enough.

      Bottom line is those sued are screwed.

    11. Re:Legal? by Dash'n'SlashDot · · Score: 1
      Um, surely I can't be the only one that makes this connection, but whatever.

      Step 1) Connect to tracker for a movie file with VANILLA Bittorrent client.

      Step 2) Check the peer list.

      Step 3) TADA! Here is a buch of IPs of people who are on the tracker distributing said copyrighted work!

      Who needs logs from any site(if there are any) when you can make your own. =P

    12. Re:Legal? by shmlco · · Score: 0
      "Are they not property, intellectual property of the owners of both these sites?"

      Since the computer that logged those events has no intellect, no. It's simply a record, and records can be subpoenaed.

      Of course, the better question is why so many people are trying to find the smallest loophole to squeeze through.

      I mean, the shoplifting scenario works perfectly here. Somebody thought they could boost a cd/dvd from the store without getting nailed by security.

      They were wrong.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    13. Re:Legal? by spiritraveller · · Score: 2, Informative

      Without getting into the details of what hearsay is and isn't, I'd say that your typical everyday logs will likely fall within the business records exception to the hearsay rule, and be admissible for the truth of their contents. Depends on the circumstances surrounding their making, of course.

      Fed. R. Evid. 801(a)
      "A 'statement' is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion."

      Fed. R. Evid. 801(b)
      "A declarant is a person who makes a statement."

      A statement created by a computer program (without human intervention) is not hearsay because it does not contain any human statements.

      However, a proper foundation would have to be laid in order to admit it. This would require an expert who could examine the program and testify as to how it functioned.

    14. Re:Legal? by pediddle · · Score: 1

      Well, the one thing about access logs is they gzip quite nicely. If your site is big enough to have 800 megs of logs a day, shouldn't you be able to afford a nice place to put them?

    15. Re:Legal? by Sancho · · Score: 1

      Logs help them target the biggest offenders easily. Or at least, the IPs that offended the most (but with always-on connections and ISPs that don't force new IPs with each dhcp request, it amounts to the same thing).

      Of course, if you got a list of movies you allegedly pirated and you knew that you hadn't pirated one, it might be possible to get the case thrown out if you got your ISP logs and saw that you weren't the leasor of that IP at that time, but more likely, they would just reopen the case and refuse to settle.

    16. Re:Legal? by nunchux · · Score: 1

      I would think they aren't using the site logs, but rather checking the IPs as a file is being shared (Azareus. for example, lists IPs of all your peers.)

      Could be wrong of course.

    17. Re:Legal? by mrchaotica · · Score: 1
      But if they're part of the swarm, they're distributing the file themselves. In that case, shouldn't there only be two possibilities? Either:
      1. they DO have permission to distribute the file themselves, in which case aren't they implicitly giving permission to everyone else on the swarm?
      2. they do NOT have permission to distribute the file themselves, in which case aren't they themselves committing copyright infringement?
      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    18. Re:Legal? by cpu_fusion · · Score: 2, Interesting

      You're absolutely correct: the law is not prepared to deal with digital "logs" as evidence. The simple fact is that any set of bits written on a hard drive could be FORGED and placed there by a hacker with absolutely no trace as to their true source.
      Its a huge problem with "digital evidence" that judges, juries, and lawyers just don't completely understand. But we, as techies, understand all too well how an exploit can compromise a machine, be used to plant something, and then every trace cleaned up. Sure, there are ways to counter this, like creating hard-copy logs on a printer as they are generated, but seriously -- who does that for their weblogs? That's a lot of paper.
      People are rotting in jail right now because the law and the courts are behind the times. Technology is outpacing law in every way and the reactive nature of the legislative process is going to continue to ruin lives.
      Having had an uncle go to prison because of exactly this kind of crap, it makes me bitter when I see people worrying about being sued because of bits sitting on a hard drive somewhere; bits that, again, could have been planted as easily as legitamately created.
      It's only going to get worse; technology isn't slowing down, but the legal system is.

  7. A few points by the_macman · · Score: 5, Interesting


    From TFA: Hollywood lawyers are hoping that the fear of exposure will dissuade more people from trying to download movies for free online. "Internet movie thieves be warned: You have no friends in the online community when you are engaging in copyright theft,"

    I love how the MPAA resorts to terrorism to get it's point across.
    Terrorism - n. The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.

    As with previous lawsuits filed by the MPAA and the Recording Industry Association of America, this round of cases is aimed at anonymous "John Does" identified only by their Internet addresses. The defendants' true identities will be sought through a later court process.

    Translation: We really have no proof of who downloaded the material but we're gonna goto court anyways

    1. Re:A few points by Anonymous Coward · · Score: 0

      While your post contains quite a bit of incendiary rhetoric and a ill-placed definition, you still come across as an asshat.
      What they are doing is not terrorism; they're simply going after people that are illegally distributing copyrighted movies, AKA thieves.

      This is entirely legal, just like it would be legal for you to call the police to look for the guy that stole your car, or robbed your house.

    2. Re:A few points by Wehesheit · · Score: 0

      except in those 2 cases someone was actually measureably deprived of something.

      --
      This P.I.G. will walk on the water, This P.I.G. will walk on the sea, This P.I.G. will walk whereever he wants.
    3. Re:A few points by Anonymous Coward · · Score: 0

      And in the last case the infringer still broke a Federal law that Federal Government was afforded by the Federal Constitution. The publisher did lose something; their lawfully protected right to decide how their work is distributed.

      Game Over. Thanks for playing.

    4. Re:A few points by Pollardito · · Score: 1

      that's a pretty broad interpretation of terrorism, since in the most cases people associate it more with violence or physical force and not "legal force". maybe even so broad that posting a "trespasser's will be shot" sign or "beware of dog" is more of a terrorist act than this is

    5. Re:A few points by Anonymous Coward · · Score: 0

      Translation: We really have no proof of who downloaded the material but we're gonna goto court anyways

      I don't know about modern BASIC syntax, but in my day we preferred GOSUB to GOTO.

    6. Re:A few points by Engineer+Andy · · Score: 1

      The level of intimidation, when a company or body can sue you to oblivion / ruin your reputation is pretty high.

      not quite on par with blowing things up, but in terms of how it can make your day less filled with sunshine, it is a little more scary than finding decaf in the kitchen at work.

      --
      "And we have seen and do testify that the Father sent the Son to be the Savior of the World" 1 John 4:14
    7. Re:A few points by LividBlivet · · Score: 1

      Hollywood lawyers be warned : you have no friends.

      Period.

    8. Re:A few points by jonwil · · Score: 1

      Assuming it can be prooved that the logs are genuine & accurate and were not faked, then using logs to identify people who committed these acts is just as valid as using fingerprints or DNA evidence to convict someone who committed a crime.

    9. Re:A few points by Anonymous Coward · · Score: 0

      no, they have plenty of friends. the ones with deep pockets.

    10. Re:A few points by Kjella · · Score: 2, Interesting

      From TFA: Hollywood lawyers are hoping that the fear of exposure [to legal prosecution] will dissuade more people from trying to download movies for free online. "Internet movie thieves be warned: You have no friends in the online community when you are engaging in copyright theft,"

      I love how the MPAA resorts to terrorism to get it's point across.
      Terrorism - n. The unlawful use or threatened use of force or violence by a person or an organized group against people or property with the intention of intimidating or coercing societies or governments, often for ideological or political reasons.


      a) Legal prosecution is not unlawful. In fact, it is the very basis of the justice system that instead of blowing your head off because I feel it is justified, you get a fair and impartial trial according to the laws agreed upon by our elected representatives.

      b) If we are talking about "casual pirate" intimidation, it is purely an economic threat. Quite frankly, I don't see how that could be considered "use of force or violence". If people decided to boycott the MPAA, that would be an economic threat. Is that too terrorism? It could have been considered extortion except...

      c) It is a liability suit. In other words, they do not approach you unless they have a claim that you have inflicted damage against them as the copyright holders. If I demanded money not to turn you in to the MPAA, that would be extortion because I'm not the one holding the claim. Assuming the claim is legitimate, they have every right to ignore it, settle it or pursue it to the full extent of the law.

      Granted, there is a considerable amount of "Settle this or we'll rack up $$$ in lawyer's fees", plus a horribly disproporional valuation of the goods (97 billion dollar lawsuits anyone?) but those are flaws of the US legal system and copyright law. Now some at least here on slashdot feel those are corrupted, but none the less the MPAAs actions are completely legitimate as it is today.

      "(...) this round of cases is aimed at anonymous "John Does" identified only by their Internet addresses."

      Translation: We really have no proof of who downloaded the material but we're gonna goto court anyways


      Translation: Because there's still some shred of privacy left, a copyright holder (read: everyone) can not obtain the identity of an Internet user just by making a spurious claim of copyright infringment. Once they have the court order, they could in theory demand further searches (read: raiding your house) to determine who the actual perpetrator is. So far, the subscriber information has been considered enough to get a "preponderance of evidence". Feel free to provide counter-evidence if you like...

      Kjella

      --
      Live today, because you never know what tomorrow brings
    11. Re:A few points by grimJester · · Score: 0

      Another oddity here is the new term "copyright theft". WTF is that?

      Seems like they are just muddying the waters with terms and slogans that are technically false or just meaningless, like the old "copyright violation is theft", "piracy is theft", "downloading is theft" etc.

      So, if I have engaged in an act of copyright theft against company A concerning movie B, does this mean they no longer have the copyright for movie B?

    12. Re:A few points by Anonymous Coward · · Score: 0

      "Internet movie thieves be warned: You have no friends in the online community when you are engaging in copyright theft," Internet movie thieves: I'll be your friend... as long as you have the movie I'm looking for.

    13. Re:A few points by QCompson · · Score: 1

      And what do you suppose is the appropriate punishment for one of millions of people that were responsible for that oh so horrible loss of the publisher's right to decide how their work is distributed? The price of the movie? The price of ten movies? A thousand movies? Perhaps you would prefer jail time for these scoundrels... 10-20 sound good to you? The publisher may have lost a little intangible something, but the point is the punishments are way out of line in respect to the infringer's behavior.

  8. Downloading Torrent Links against the law? by Anonymous Coward · · Score: 2, Insightful

    Links are all you can download from those sites.

    1. Re:Downloading Torrent Links against the law? by gaurzilla · · Score: 1, Insightful

      Agreed. Downloading a torrent file isn't proof that you actually used it. Maybe you're just some strange strange guy who likes to collect .torrent files. Maybe you're mirroring the website for your friends in China who may not have direct access to it. Maybe you're .. er .. out of ideas.

    2. Re:Downloading Torrent Links against the law? by Lisandro · · Score: 1

      Links are all you can download from those sites. Yes, but those sites host BT trackers, and most people uploading torrent links usually use tracker provided by the site. Their usage is what's logged.

    3. Re:Downloading Torrent Links against the law? by genooma · · Score: 1

      Maybe you downloaded the torrent file and canceled it half-way through, I know I did it more than once.

    4. Re:Downloading Torrent Links against the law? by crashelite · · Score: 1

      ummm if u are using certain versions of Bittorrent u can turn off the hash info that transmits back to the tracker how much u download... that and also you have to download the whole thing of the file for it to work (in most cases because people compress them into sit zip or other files) and it does not always keep track of completed or not... of all this it most likely will not hold very well in court for the mpaa and riaa

      --
      (yes i know i suck at spelling fell free to correct my grammar and/or spellin i dont care, im still not going to change
    5. Re:Downloading Torrent Links against the law? by Sancho · · Score: 1

      But since civil suits are based on a preponderance of evidence..... I don't think a single juror in the world, given adequate and correct information on Bittorrent and how it works, would assume that someone is collecting .torrent files based on the logs of a webserver. They're going to assume that you're using the .torrents for the intended purpose, and the MPAA doesn't have to prove that in order to win a court case (nevermind that everyone's just going to settle anyway)

  9. Re:Another ZDnet Story? by Yehooti · · Score: 4, Insightful

    The Sneaker Net may still be alive. Except it's now on DVDs instead of floppies. Is Blu-Ray next?

  10. Solution: Offshore all Torrent sites to Asia by Anonymous Coward · · Score: 2, Interesting

    The simple solution would be to offshore all Torrent sites to Asia, in countries such as China, India, Malaysia, Thailand, Sri Lanka, etc. Such sites don't require that much bandwidth so they can even be hosted in backwards African countries such as Chad, Niger, Congo, etc.

  11. Oy! by marlinSpike · · Score: 5, Insightful

    And I was so looking forward to offset my higher fuel prices by downloading the summer's blockbusters (have there been any?)...

    1. Re:Oy! by Anonymous Coward · · Score: 0

      Only in the sense of a "blockbuster" being a "huge bomb".

    2. Re:Oy! by Repton · · Score: 1

      You could always offset your higher fuel prices by reading a book instead :-)

      --
      Repton.
      They say that only an experienced wizard can do the tengu shuffle.
  12. Log files? by imidan · · Score: 2, Insightful

    The article is a bit sparse on technical details. Are they talking about using log files from web servers that distribute .torrent files? Because downloading the .torrent file, itself, isn't proof that a user has gone any further than that, which means no infringement is demonstrated.

    Or is there a log file, somewhere, like the tracker, that keeps track of who's connecting and what they're getting? What if you don't succeed in downloading the entire movie? Are you still infringeing, even if the data that you've got is unuseable without the parts you haven't got?

  13. Maximum age for logfiles 24h ? by Anonymous Coward · · Score: 4, Interesting

    How about the logfiles, are they really there,
    and how old were they ? 24h, 2d or what.

    Dear former admins of supr.nova or else who got raided,

    please publish your policy how you dealt with the logs, and even if they really exist,

    so that your former users can start saving money for a good lawyer or spend the money for a glass of champagne.

    1. Re:Maximum age for logfiles 24h ? by LilWolf · · Score: 1

      Sites like suprnova and lokitorrents had large amounts of users and tens of thousands of torrents to keep track of. The log files must have grown at a very fast pace, so I doubt they kept more than a few days worth of logs..if any. Lokitorrents probably kept a very close eye on how much you uploaded/downloaded, but I doubt they kept track of what you downloaded(beyond the few days a log file could have been kept).

    2. Re:Maximum age for logfiles 24h ? by markov_chain · · Score: 1

      I wonder how they intend to extort those logs from a website ran out of Slovenia...

      --
      Tsunami -- You can't bring a good wave down!
  14. My Next Venture by ndtechnologies · · Score: 1

    After I revolutionize the music industry....movies are my next goal...

    --
    I have nothing clever to put here...
  15. From TFA by Anonymous Coward · · Score: 4, Informative

    The group previously said in February that a Texas court had ordered that the server logs of one big site, called LokiTorrent, be turned over to Hollywood investigators. An MPAA spokeswoman said that none of Thursday's suits were related to that action, however.

    OP didn't RTFA in the first place.

  16. Re:Solution: Offshore all Torrent sites to Asia by marlinSpike · · Score: 2, Funny

    Finally... something nobody will get pissed off about when it's offshored!

  17. This is stupid. by Spy+der+Mann · · Score: 3, Funny

    If people only downloaded GOOD movies from the net, they'd have much more free time and wouldn't be caught so easily.

    RTFReviews.

    1. Re:This is stupid. by Anonymous Coward · · Score: 0
      If people only downloaded GOOD movies from the net, they'd have much more free time and wouldn't be caught so easily.

      Of course they wouldn't be caught - they wouldn't be downloading anything!

      Actually, I'll have to admit that I found "Batman Begins" to be quite good - for once I didn't feel ripped off when I walked out fromo the cinema.

  18. Question and answer time! by Anonymous Coward · · Score: 1, Insightful

    Q: Why do trackers keep logs?

    A: Because they want their users to go down with them!

  19. Re:Solution: Offshore all Torrent sites to Asia by imboboage0 · · Score: 1

    Actually, they do require bandwidth. I know that http://demonoid.com/Demonoid stopped public signups, due to a lack of bandwidth. Now, you have to be invited by someone with a username there.

    --
    Honesty may be the best policy, but by process of elimination, dishonesty is the second best policy.
  20. Lawsuits by erica_ann · · Score: 4, Interesting

    So let's see here...
    Guns kill people, we sue the gun maker

    The coffee is too hot, we sue McDonalds

    We eat at fast food and we sue the fast food chains for making us fat.

    We record music off the radio onto a cassette tape, it is ok to listen to in the car.
    We download it off the internet, we get sued.

    We watch a movie off a DVD and resell the DVD a place that sells used DVD's we get our money back from buying it and the Motion picture people don't get a second dime.
    We download it and we get sued

    So, does that mean that the ISP's connection we used should get sued too since we used that ISP's connection to get to the internet to Download what someone else put up there?

    Does that mean we should sue Microsoft for making a majority of the operating systems used to DL the files we get sued for?

    Does it ever end or have we just turned into a lawsuit happy world?

    1. Re:Lawsuits by gaurzilla · · Score: 0

      Does it ever end or have we just turned into a lawsuit happy world?

      Make that a "lawsuit happy" bunch of developed nations. We don't find much of this happening in India.

    2. Re:Lawsuits by RembrandtX · · Score: 1, Offtopic

      Just a few facts about the McDonalds case that everyone LOVES to cite as a friviolous law suit:

      There is a lot of hype about the McDonalds' scalding coffee case. No
      one is in favor of frivolous cases of outlandish results; however, it is
      important to understand some points that were not reported in most of
      the stories about the case. McDonalds coffee was not only hot, it was
      scalding -- capable of almost instantaneous destruction of skin, flesh
      and muscle. Here's the whole story.

      Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of
      her grandson's car when she was severely burned by McDonalds' coffee in
      February 1992. Liebeck, 79 at the time, ordered coffee that was served
      in a styrofoam cup at the drivethrough window of a local McDonalds.

      After receiving the order, the grandson pulled his car forward and
      stopped momentarily so that Liebeck could add cream and sugar to her
      coffee. (Critics of civil justice, who have pounced on this case, often
      charge that Liebeck was driving the car or that the vehicle was in
      motion when she spilled the coffee; neither is true.) Liebeck placed
      the cup between her knees and attempted to remove the plastic lid from
      the cup. As she removed the lid, the entire contents of the cup spilled
      into her lap.

      The sweatpants Liebeck was wearing absorbed the coffee and held it next
      to her skin. A vascular surgeon determined that Liebeck suffered full
      thickness burns (or third-degree burns) over 6 percent of her body,
      including her inner thighs, perineum, buttocks, and genital and groin
      areas. She was hospitalized for eight days, during which time she
      underwent skin grafting. Liebeck, who also underwent debridement
      treatments, sought to settle her claim for $20,000, but McDonalds
      refused.

      During discovery, McDonalds produced documents showing more than 700
      claims by people burned by its coffee between 1982 and 1992. Some claims
      involved third-degree burns substantially similar to Liebecks. This
      history documented McDonalds' knowledge about the extent and nature of
      this hazard.

      McDonalds also said during discovery that, based on a consultants
      advice, it held its coffee at between 180 and 190 degrees fahrenheit to
      maintain optimum taste. He admitted that he had not evaluated the
      safety ramifications at this temperature. Other establishments sell
      coffee at substantially lower temperatures, and coffee served at home is
      generally 135 to 140 degrees.

      Further, McDonalds' quality assurance manager testified that the company
      actively enforces a requirement that coffee be held in the pot at 185
      degrees, plus or minus five degrees. He also testified that a burn
      hazard exists with any food substance served at 140 degrees or above,
      and that McDonalds coffee, at the temperature at which it was poured
      into styrofoam cups, was not fit for consumption because it would burn
      the mouth and throat. The quality assurance manager admitted that burns
      would occur, but testified that McDonalds had no intention of reducing
      the "holding temperature" of its coffee.

      Plaintiffs' expert, a scholar in thermodynamics applied to human skin
      burns, testified that liquids, at 180 degrees, will cause a full
      thickness burn to human skin in two to seven seconds. Other testimony
      showed that as the temperature decreases toward 155 degrees, the extent
      of the burn relative to that temperature decreases exponentially. Thus,
      if Liebeck's spill had involved coffee at 155 degrees, the liquid would
      have cooled and given her time to avoid a serious burn.

      McDonalds asserted that customers buy coffee on their way to work or
      home, intending to consume it there. However, the companys own research
      showed that customers intend to consume the coffee immediately while
      driving.

      McDonalds also argued that consumers know coffee is hot and that its
      customers want it that way. The company admitted its customers were
      u

      --

      --Ne auderis delere orbem rigidum meum, non erravi pernicose!
    3. Re:Lawsuits by Anonymous Coward · · Score: 0

      great copy'n'pasting.

      if only there would be some relation to the topic.

    4. Re:Lawsuits by Anonymous Coward · · Score: 0

      So the lady spilled the coffee on herself, due to her own stupidity/negligence.

      The coffee is hot. Anyone with half a brain knows this.

      Are you going to sue Gilette becuase you scraped a patch of skin off your face, causing pain and suffering (and disfigurement), due to incompetent use of a razor?

      This lawsuit is frivolous. Just becuase she wasn't as greedy doesn't make it any less of a frivolous lawsuit.

      Be responsible for your own fucking actions!

      I hate cold coffee and slimeball lawyers.

    5. Re:Lawsuits by euniana · · Score: 1

      The coffee is too hot, we sue McDonalds This has been debunked so many times. The fact is that McDonald's deliberately left the temperature that high, knowing fully well that most of their customers drank their coffee immediately (McDonald's being a fast-food restaurant), so they wouldn't have to use better-quality beans. They also knew that paying complaining customers was cheaper. The woman got third-degree burns trying to drink her coffee in an unmoving vehicle. She didn't even remove the lid. She only sued after McDonald's refused to pay even half of the medical bills. Also note that the judge found her partially at fault and reduced the amount of damages paid to her. This was not a greedy or frivolous lawsuit. It was an action against corporate greed and negligence, the kind that Slashdotters seem to despise the most. But hey, some people just think we need to live in the jungles where every product has to be so unsafe that everything could potentially blow up in your face, so the corporations can cut back the safety procedure costs and reduce the prices. Wouldn't Microsoft love to sell software that crashes regularly no matter how carefully you handle it? Oh wait, they already do. At least they don't have to pay people like McDonald's had to.

    6. Re:Lawsuits by Anonymous Coward · · Score: 0

      In India, the money simply doesn't exist to siphon off of each other.

      Spill some hot curry (ok, bad analogy) on your crotch? Too fucking bad.

      This greediness that people have and their lack of self-responsibility is sad, especially when you compare it to countries where people are starving on a daily basis.

      Sick.

    7. Re:Lawsuits by Anonymous Coward · · Score: 0, Insightful

      No, it hasn't been debunked.

      The lady SPILLED COFFEE ON HERSELF. What kind of idiot holds a drink between their legs, especially a hot liquid? This is begging for a Darwin award.

      End of story!

      Why did McDonalds keep their coffee hot? Becuase people WANT HOT COFFEE. They want their COFFEE TO STAY HOT FOR A WHILE.

      My parents told me when I was a child that certian things in the kitchen are DANGEROUS. This included the pot of coffee!

      McDonalds isn't responsible for some stupid lady's lack of common sense.

    8. Re:Lawsuits by euniana · · Score: 1

      Coffee hot enough to sear your throat when you drink it? McDonald's is a fast-food restaurant for heaven's sake. They KNOW most of their customers drink their coffee immediately. It was negligence, clear and simple.

      So when you go into the kitchen, you fully think the new stove you bought the other day could blow up any moment because the kitchen is dangerous, and that if it did, it would be your own fault rather than the manufacturer's?

      Stop defending McDonald's using high temperature to mask inferior beans and stop forcing your preferences on others. Your preference for throat-searing coffee comes after safety. Your need to see Darwin awards for your entertainment comes after safety.

    9. Re:Lawsuits by Anonymous Coward · · Score: 0

      The point of the whole article above was that McDonald's was not being responsible for their actions. She tried to settle with McDonald's for $20,000, the cost of her medical bills. McDonald's refused, despire factual eviednce that suggested McDonalds knew and did not care that their coffee could cause 3rd degree burns at that temperature.

      McDonald's knowingly put hteir customers at risk just, even after complaints. That's the same as a drug company (say Merk) for knowingly putting out a drug (oh...say Vioxx) on the market that turned out to be deadly. When they tested it, it was revealed it could cause pernament damage and/or death, and they didn't care. Yeah, they should be sued. They were negligent bastards. And so was McDonald's.

    10. Re:Lawsuits by Anonymous Coward · · Score: 0

      That's the most fucking retarded analogy I've seen. First, anybody with half a brain knows coffee is hot, yes. Most people do NOT know that it can cause 3rd degree burns. Jesus, you think people would order it if they knew that it was so hot it could disfigure you? That's like accidentally eating a hot chile included with your General Tso's chicken and then finding out that this particular chile is so hot that it pernamently and irreversibly burns the insides of your stomache lining.

      And for what it's worth Gilette's razors cannot cause the same severe disfigurement caused by a 3rd degree burn. For anybody that knows anything about medical science, burns of that severity cause disfigurement and require plastic surgery to correct. I defy you to try and use a Gilette shaving razor (as shipped) to cause the same amount of damage. That's because Gilette took the proper precautions and engineered the product to not be harmful in its intended use. As this article states, the lady could've been burned in her mouth and lips just by drinking the coffee.

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


      Would you also like them to label hamburgers as a choking hazard?

    12. Re:Lawsuits by Anonymous Coward · · Score: 0
      Complete rubbish. It might only take 1 second for water at 160 deg. Fahrenheit to cause a 3rd degree burn, yet fresh coffee IS SUPPOSED TO be at 200+ deg. Fahrenheit.

      So while 250mls of fresh coffee could easily give me 3rd degree burns if I poured it onto my crotch, freshly made coffee had better be hot enough to cause 3rd degree burns - if I were stupid enough to spill it on myself - or else:
      • it either ain't fresh and I'm sending it back, because it's probably been sitting in some container stewing into tire-flavoured crap
      • or it's been made with water that's too cold in the first place, and will therefore taste like ass, and I'm sending it back.


      Oh, and try shaving your eyeballs with a gilette razor - that will cause horrendous damage, and is a similar abuse of a product that's quite safe if used by non-morons.

    13. Re:Lawsuits by Anonymous Coward · · Score: 0

      Doesn't windows media violate the DMCA

    14. Re:Lawsuits by Anonymous Coward · · Score: 0

      Someone should sue you for being a stupid moron.

    15. Re:Lawsuits by CRC'99 · · Score: 1
      --
      Sendmail is like emacs: A nice operating system, but missing an editor and a MTA.
    16. Re:Lawsuits by espressojim · · Score: 1

      Ya know, Mc D's held the coffee at much hotter temperatures than the industry standard. So hot that it rapidly degrades in taste.

      However, they have to deal with people like you, who want it hot, not fresh (or can't tell the difference. McD's coffee is complete shit anyway.)

    17. Re:Lawsuits by Kjella · · Score: 1

      So, does that mean that the ISP's connection we used should get sued too since we used that ISP's connection to get to the internet to download what someone else put up there?

      In the USA you can not. They have been granted an exception to copyright law (see section 506 for details), assuming they do certain things like answer to cease & desist letters etc.

      Other countries have had varying practise. I can tell that here in Norway an ISP was fined for providing access to kiddie porn groups - which basicly shut down access to binary groups with all major norwegian ISPs.

      We record music off the radio onto a cassette tape, it is ok to listen to in the car.
      We download it off the internet, we get sued.


      Timeshifting of a legitimate broadcasd - Reproduction of an illegally distributed song

      We watch a movie off a DVD and resell the DVD a place that sells used DVD's we get our money back from buying it and the Motion picture people don't get a second dime.
      We download it and we get sued


      Right of first sale - Reproduction of an illegally distributed movie

      Don't make it more complex than it is.

      --
      Live today, because you never know what tomorrow brings
    18. Re:Lawsuits by Anonymous Coward · · Score: 0

      Guns kill people, we sue the gun maker

      If any other product was released which caused death or serious injury when used as intended, you would be able to sue the manufacturer. If the manufacturer knew this was the case, especially if this was in some way intentional, such as leaving off safety features to save money, you would be entitled to big money from them. Guns are designed to kill people. Face facts, if somebody made a gun that shot targets but not people, a large chunk of the market wouldn't buy it because of this feature. Don't give me any of this "guns are designed to accurately fire bullets" nonsense, it's perfectly obvious that the bullets will hit something.

      It takes a big leap of logic to say that somehow, because guns are designed to kill, that the manufacturers are not responsible. It's perfectly understandable that people who have lost loved ones aren't going to make this jump. People are not just looking for deep pockets.

      This isn't intended as an anti-gun rant to annoy the armed and dangerous*; no doubt they will try to shoot this down anyway. It's merely illustrating that there is a way of thinking in which anti-gun cases do not at all look "lawsuit-happy".

      * j/k

    19. Re:Lawsuits by Anonymous Coward · · Score: 0

      > Most people do NOT know that it can cause 3rd degree burns.

      Are you trying to tell me that you didn't know that HOT LIQUIDS can seriously burn you?! And that "most people" around you are also ignorant of this fact? What kind of a retard colony are you living on?

    20. Re:Lawsuits by kurtmckee · · Score: 1
      The coffee is too hot, we sue McDonalds

      I'm absolutely sick of hearing that argument. Read the blasted case, would you? The lady suffered third degree burns because the coffee was approaching 200 degrees Fahrenheit. She also first attempted to settle with McDonald's if they would just cover her medical costs (which included skin grafts), but McDonald's offered a paltry $800, at which point she took them to court to recoup the medical costs.

      You can read about it on Wikipedia.

    21. Re:Lawsuits by computational+super · · Score: 1

      Ummm... did you read your link? The Wikipedia article you linked to says exactly what the "OP" says. An old lady spilled hot coffee on herself (I now know that she wasn't driving the car, but that doesn't mean she didn't spill it on herself), sued McDonalds, and was awarded $2.9 million which was later reduced to about $600,000. That's pretty outrageous for being to stupid to handle coffee. Way to make the OP's point for him.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    22. Re:Lawsuits by doombob · · Score: 1

      This line of reasoning sometimes disturbs me. There are definately legitimate bases for some of the lawsuits out there. For instance, if I owned a gun company and promoted them as "Guns! Get your kids one for Christmas!" or "Guns: every psychopath should have one and shoot somebody!" then yes, I deserve to be sued if a kids shoots off a toe or something. It's just that the courts have had some problems recognizing who's at fault in many of the grey areas out in the real world.

    23. Re:Lawsuits by Anonymous Coward · · Score: 0

      Hi There!

      To paraphrase you, did *you* read the link. the *whole* link, and nothing but the link? I wonder...

      From the Fucking Link:

      "Injuries Suffered

              * Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns over six percent of her skin. She remained in the hospital for eight days while she underwent skin grafting. Two years of treatment followed."

      Two Years. Two years of skin grafts. Third Degree Burns. Excruciating Pain. I have drunk coffee for many years, since I was 12. I have split coffee on myself, a good many times. I have never, ever suffered anywhere near a third degree burn. So would the vast majority of people who have spilled coffee on themselves.

      The term here is product liability. If you have an electrical cord which shorts when put under unusual load, you can't argue "it's electricity! It'll shock you stupid old people!" You happen to be liable due to your product not being safe. Especially when you have a history of complaints, like McDonalds.

      I hope you never get subjected to the amount of pain that poor old lady had to go through. But I do wonder about callousness of your character.

    24. Re:Lawsuits by ocelotbob · · Score: 1

      I love the fact that the trial lawyers neglect to emphasize that she was engaging in reckless behavior by putting the coffee between her legs. Face it, Ms. Liebeck was an idiot who deserved what she got. They have these things called cup holders for a reason, she should have used one. I have no sympathy for idiots.

      --

      Marxism is the opiate of dumbasses

  21. A way out? by gaurzilla · · Score: 4, Interesting

    You could download the torrents from a public computer (no login) at your school/library, and then actually perform the downloading at home. How can that be traced back to you?

    1. Re:A way out? by imboboage0 · · Score: 2, Funny

      Well now that they know YOU do it.....

      --
      Honesty may be the best policy, but by process of elimination, dishonesty is the second best policy.
    2. Re:A way out? by wk633 · · Score: 2, Informative

      Your IP address is available to anyone you're in the process of sharing with.

    3. Re:A way out? by gaurzilla · · Score: 1

      So you suggest that the Hollywood copyright police sit around on bittorrent hosting their own "stolen" movies, or masquerading as torrent peers, waiting so that you'd connect to them and that they'd record your IP?

      Uh... maybe I'm missing something.

    4. Re:A way out? by freakasor · · Score: 2, Informative
      Uh, they download the same torrent you do, connect to the tracker, and NOW they have proof that someone at your WAN IP address was uploading the file. They then take said IP address and sue the controlling ISP for the name of the person using it at that time, you, who feels safe because said person downloaded a torrent file from a public computer instead of their home computer.

      They don't
      sit around on bittorrent hosting their own "stolen" movies
      because all they have to do is connect to the tracker and ask for its list of IP addresses, and just like any other good distributed file sharing system, it gives away the list of IP addresses so that a client can connect to all of the other clients.
  22. Walk softly and carry a big lawyer by imunfair · · Score: 3, Interesting

    I don't think the issue for them is the file sharing anymore - they've just figured out that it's a cash cow to go around suing people who most likely can't/won't mount a successful defense.

    I wonder if someone could counter-sue them for defamation of character or whatever if they were mistakenly sued by the RIAA...

    I bet they'd think twice if they started losing money on suing people. I think if they do goof up they should have to award the person 100 times as much as the person would have had to pay them. You'd see them get real careful about who they sued real fast.

    They don't really have anything to worry about except making money anymore, the government is doing all the dirty work running around strong-arming other countries into cracking down on piracy (Don't crack down.. we won't trade with you...) ... sorry just had to throw that in :)

    1. Re:Walk softly and carry a big lawyer by galdosdi · · Score: 1

      "Could someone countersue," you ask? Actually, about a year ago I remember reading in the New York Times about some elderly woman who got sued by the music industry in their own big wave of suits, and who countersued under the federal anti-racketeering act, RICO-- the theory being that the industry was racketeering by using these letters and lawsuits to intimidate people into paying up thousands of dollars in settlements. Anyone know how that ended up turning out?

    2. Re:Walk softly and carry a big lawyer by mrtroy · · Score: 1

      I wonder if someone could counter-sue them for defamation of character or whatever if they were mistakenly sued by the RIAA...

      You obviously dont watch enough Judge Judy or Jude Joe Brown or Judge Mathias.......

      Defamation requires a party to LIE about another party which results in some sort of loss. They could simply say they really did think you were stealing music, and it wont result in any losses for you to claim anyways.

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
  23. Oh yeah? by humberthumbert · · Score: 0

    Why don't you share some of your VISION with us? If you're one of those whining on about buggy-whip makers and new business models, I would like to invite you to come up with a business plan, or, just a simple outline based on one of the "...so many ways of making money here..." that you seem to be hoarding.

        Don't be mistaken, I'm no MPAA supporter. In fact, I fly the Jolly Roger flag (wink wink). You want the MPAA to change their ways and back off?

        Simple. Quit buying their shit. That means no DVD purchases, no movie tickets. Nada. I read all the complaints about crappy movie theaters in the earlier article but guess what? Slashdotters still swallow that shit up anyway. We're supposed to be smarter than that right?

        And no hypocrisy please. Movies cost money to make. Music cost money to make. You either want to pay for them or you don't. I don't. But I don't whine about how I would give them my money if only blah blah blah.

        I say fuck them all to hell.

    1. Re:Oh yeah? by dmaxwell · · Score: 1

      iTunes show a little bit of the Vision the parent poster mentioned. Convienient, correct, sanely tagged downloads from fast easily searched servers for a reasonable price. In time, such a thing could be more ubiquitous that DVDs are now. Of course, they'll have to rein in this urge to make it as obnoxious, hostile to the customer, DRMed to dogs and back if the intention is a product people will actually fork over money for. Come to think of it, just enough DRM to appease the control freaks but removable by those with a little time and savvy might be a bit of Vision as well.

    2. Re:Oh yeah? by BewireNomali · · Score: 1

      but dude, Apple isn't making money off downloads. They use iTunes to sell iPods. Forget about downloads... the studios would get killed.

      They need some kind of DRMed bit torrent client to kill bandwidth issues - and serious download penetration into the living room for there to be money in it now.

      --
      un burrito me trampeó.
    3. Re:Oh yeah? by humberthumbert · · Score: 0

      Yes, iTunes is alright, sorta, but they aren't making the shitloads of cash the movie/music moguls are used to.

          It's all about scarcity and control. We will NEVER have non DRM'ed media as the norm until society fundamentally changes and businesses and govt are runned by upright, decent folks.

          Yeah, right.

          No compromises. Remember Rorshach.

          What we don't need, are hypocrites trying to justify their thieving behavior. Be proud to be a pirate. Wanna break the law? Stand up and do it. You have no god given right to media.

          Don't even get me started on how we should be mining asteroids by now instead of fighting over scraps of "valuable" resources...

    4. Re:Oh yeah? by E8086 · · Score: 1

      "and serious download penetration into the living room for there to be money in it now."

      It's called "on demand" enough cable and satellite providers offer it. What needs to be determined is the value of this to the consumer and the content producers and providers. Most of it is $5 for 24hrs of use, I and I'm sure enough other paying consumers think that price is a little high, considering for 3 of those you can buy a new DVD.
      It all comes down to pricing and availability/ convenience. How much is it worth to be able to quickly obtain a movie once? The providers may say $4.99, but the consumer may say, "I'm only going to watch it once, I'll give you 99c for it." There you have a consumer willing to pay, but considers the posted prices unreasonable.

      What happens when someone records it when it's on tv, non-pay-per-view, and the legal time-shifted copy they have becomes corrupted, can they legally download another? What happens if the copy you made gets corrupted, can you download a recording someone else made because yours doesn't work anymore or what if it's not of the highest quality and want to use someone else's version? Or I have it on VHS and can't afford a tv card but want to watch it on my pc? Yes, lots of questions and the industry's answer is sue now, ask questions, maybe in court.

      I'm going to stick to my tv/pvr card for tv and movies, if it's on tv I can make a legal recording for myself and used CDs for my listening pleasure.

      offtopic-
      Anyone know of a place selling used CDs of the Indiana Jones soundtracks, not the cheap "trilogy" collection or imported eds? They're not even on ebay

      --
      F7 doesn't work, ignore spelling and grammar
  24. Copyright theft by P0ldy · · Score: 5, Funny
    "Internet movie thieves be warned: You have no friends in the online community when you are engaging in copyright theft," MPAA Senior Vice President John Malcom said in a statement.
    Someone stole your copyrights? Maybe that person's running a few trackers and is distributing the works as [s]he sees fit!
    1. Re:Copyright theft by dratox · · Score: 0, Offtopic

      And at first glance, "copyright theft" merges to look like "copyleft"

  25. Copyright Violation - NOT THEFT by craznar · · Score: 1

    I'm getting really pissed off at these record/movie companies misrepresenting the truth.

    The simple fact is - it's called copyright violation, not theft.

    And when they bloody wake up to the new technology, then people will start giving them money for the stuff.

    I'm still waiting to pay for 50 or more songs that they WILL NOT LET ME BUY.

    --
    EMail: 0110001101100010010000000110001101110010 0110000101111010011011100110000101110010 0010111001100011011011110110
    1. Re:Copyright Violation - NOT THEFT by lucas_picador · · Score: 1

      It's actually called copyright infringement.

    2. Re:Copyright Violation - NOT THEFT by craznar · · Score: 1

      The infringement is the thing, the violation is the act.

      As in, when I violate their rights - an infringement is the result.

      --
      EMail: 0110001101100010010000000110001101110010 0110000101111010011011100110000101110010 0010111001100011011011110110
  26. MOD PARENT UP by suitepotato · · Score: 0

    Dead on absolutely correct. It isn't just that this is the way these creeps at the *AA have always behaved, it is that they and their abuse of the legal process only encourage it. I believe I once heard that there's a saying in South America that goes that corruption proceeds from the top down. Basically, the people learn to think it okay from the actions and examples of those above. Why shouldn't we sue when it has become a way of making money, a business method and tool, of major companies?

    No wonder SCO thinks what they do is perfectly sane and rational.

    --
    If my grammar and spelling are off, I am [distracted/tired/careless] (take your pick)
  27. Don't give in... by spiritraveller · · Score: 4, Insightful

    This new approach makes it a lot harder for them to win at trial. All they have is a file that lists some IP addresses.

    In the previous cases they hired people who connected to p2p filesharers and observed what exactly was being shared.

    Not a single one of their previous cases has gone to trial. It's not cost effective for them to go to trial even when they can win!

    The formula is simple...

    1. Send threatening lawyer letters to people you believe to have violated your copyright...
    2. Wait for a response...
    3. Look for an admission of guilt...
    4. Profit!

    1. Re:Don't give in... by Anonymous Coward · · Score: 0
      It's not cost effective for them to go to trial even when they can win!

      I'm not so sure about that. The damages they can sue for are enormous. Normally they settle out of court for a lot less, but if you took them to court they could hit you for the entire large amount. If a lot of people started going to court, after the first few trials the precedent would be set and I imagine the cases wouldn't last too long, so the legal fees probably wouldn't be too high. If they could win, they would probably make money.

    2. Re:Don't give in... by CurbyKirby · · Score: 1

      It's not cost effective for them to go to trial even when they can win!

      This is true for both sides of many disputes. How many high school/college students do you think have the resources to fight the RIAA/MPAA? Would you take out a second mortgage to make this particular point? If so, make your IP show up in those logs and wait for your chance to shine.

      If you go to trial and lose, you're probably even worse off than having paid whatever arbitrary amount they want. I haven't seen what the EFF is up to lately but are they willing to defend these cases for free?

      I appreciate the sentiment of "Don't give in" but I doubt how feasible it is.

      --

      --
      "Extra Anus Kills Four-Legged Chick" -- Headline
  28. mpaa by Anonymous Coward · · Score: 0

    Movies suck anyway.

  29. Oh Man... by thunderpaws · · Score: 2, Interesting

    It will be such a shame to give up watching super compressed ripped video with 2 channel stereo sound, and be forced into paying for a full home theater expierience. Of course Hollywood would never get any cash from me for so many of the movies available anyway. There are quite a few films that do poorly at the box office, but are popular as rentals and downloads. Maybe if Hollywood looked at the download stats along with rental figures, they might find they could generate interest in moving some product sooner onto commercial cable TV. I would enjoy watching something like "With Out a Paddle" with commercial interuptions, rather than paying cash to rent or buy it. Hollywood needs to broaden their customer based rather than push customers away.

    1. Re:Oh Man... by damiam · · Score: 1

      You're behind the times. These days (given a suitable connection) you can download the full DVD images in their original quality. Or so I've been told...

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
  30. Let me be the first to say... by Anonymous Coward · · Score: 2, Funny

    Oh Shit.

  31. Holy analogy, Batman! by Anonymous Coward · · Score: 0

    Guns kill people, we sue the gun maker.

    Comparing guns and gun-related deaths to file swapping doth not a good analogy make.

    The coffee is too hot, we sue McDonalds.

    That woman lost her case, and got a fraction of what she was asking for in "damages".

    We eat at fast food and we sue the fast food chains for making us fat.

    In this case, the consumer is doing something and then suing for a perceived bad "result". In the MP/RIAA case, the "consumer" (user) is doing something, and the "victim" is suing. Completely different scenarios.

    We record music off the radio onto a cassette tape, it is ok to listen to in the car. We download it off the internet, we get sued.

    In most cases, the RIAA sues the uploaders, not the downloaders. However, you're closest on this one. 1 point for trying.

    We watch a movie off a DVD and resell the DVD a place that sells used DVD's we get our money back from buying it and the Motion picture people don't get a second dime. We download it and we get sued.

    Of course, if you're selling the DVD, chances are you (or someone) bought it in the first place for $N. If you download it, chances are -- though someone will cry "I downloaded it because ripping it is too hard/time-consuming/costly!" -- you didn't own it to begin with. $N - $N = $0.

    So, does that mean that the ISP's connection we used should get sued too since we used that ISP's connection to get to the internet to Download what someone else put up there?

    No. And clearly, they're not suing the ISPs, are they? They're suing the people who are swapping movies, not the channel providers.

    Does that mean we should sue Microsoft for making a majority of the operating systems used to DL the files we get sued for?

    There is lobbying to prohibit P2P programs, not OSes. See the ISP argument above.

    Does it ever end or have we just turned into a lawsuit happy world?

    It never ends. Welcome to America.

    1. Re:Holy analogy, Batman! by EvanED · · Score: 1

      That woman lost her case, and got a fraction of what she was asking for in "damages".

      Um, no. While the final terms were sealed, the latest public ruling was over $500K paid to her. It's safe to assume that the sealed settlement was at least most of that. Even if her lawyer took most (unlikely, I think 40% is fairly standard if the case was pro bono) she still made out quite nicely finanically.

      (And all this ignores the fact that she at least originally only wanted medical expenses, and only refused because McDonald's didn't give. She didn't ask for suffering or punative damages until the suit.)

  32. and /. is next by jspectre · · Score: 2, Funny

    congratulations! every one of you who complains about hollywood's ingenious move to sue their own customers will find yourself at the end of a lawsuit when they sue /. for their log files!

    enjoy your freedom of thought while it lasts!

    --

    abcdefghijklmnopqrstuvwxyz

    1. Re:and /. is next by Anonymous Coward · · Score: 0

      you are so confused!

  33. knowledge is power by circletimessquare · · Score: 4, Interesting

    here's circletimessquare's method for defeating riaa/ mpaa AND be an upstanding member of the p2p world:

    caveat emptor: this recipe assumes you are in a jurisdiction and dealing with content that is only illegal to UPLOAD (music files, for example, in the usa)

    1. use emule, great program
    2. load it up with porn, gigs of it. you don't even have to look at it. the point is to have something, anything, lots of it, that other people want to download and that you won't get in trouble for sharing (heh, sorry porn makers)
    3. share the porn all the time. you'll have hundreds downloading from you in no time and be greatly appreciated
    4. now, you've suddenly found a strange desire to download hillary duff (!?), so go ahead, search for it (assume you're getting it from someone in sweden and not hurting whoever is making it available)
    4. find the the hillary duff file with the most sources (for quick download)
    5. stop all of your other downloads
    6. suck down hillary duff in a minute or two (heh)
    7. get it out of your shared file immediately

    why does this work?

    the file you are snarfing is so fleeting, and you've crowded it out with a long queue of people waiting to download jenna jameson gone wild volume 2 and other such sleaze, that you're simply never going to wind up being the source for anything on the mpaa/ riaa's radar. it's a drop in a sea of masking porn

    knowledge is power, use it wisely

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:knowledge is power by cpaluc · · Score: 1

      grep -i duff logfile

    2. Re:knowledge is power by idlemachine · · Score: 1
      it's a drop in a sea of masking porn

      For a human manually reading through log files, yes.

      But don't you think they'd automate this process? A script generally isn't going to be distracted by titilating filler material and miss that single tell-tale line in a massive log.

    3. Re:knowledge is power by Anonymous Coward · · Score: 0

      Wouldn't hillary duff porn be illegal since shes still under 18?

    4. Re:knowledge is power by EvanED · · Score: 1

      load it up with porn, gigs of it. you don't even have to look at it. the point is to have something, anything, lots of it, that other people want to download and that you won't get in trouble for sharing (heh, sorry porn makers)

      Hate to break it to you, but that porn is just as copyrighted as the music. I don't think I've ever heard of someone suing over sharing porn, but nevertheless you should be aware that from a purely legal standpoint, what you're doing is no more right than if you were sharing the latest song or movie. It's just that you're far less likely to be called on it.

    5. Re:knowledge is power by Zangief · · Score: 2, Funny

      That{s why we need (and for other reasons) Creative Commons Pr0n.

    6. Re:knowledge is power by Anonymous Coward · · Score: 0

      I work at the University of Michigan IT office and they have an automated system where copyright holders submit "DMCA violation" notices via XML. These get translated into emails and sent to the helpdesk people who get take the IPs and connect them into actual names of students. Right now, the university just tells the student they have to delete the copyrighted material they've been caught with. As long as they agree, (and it's a first offense) they don't get their internet disconncected, or their personal information revealed to the holder. Penalties for second/third offenders become more severe.

      I don't actually work at the helpdesk, but i've seen some of the dmca requests. One of the ones i glanced at was actually someone who had downloaded gay pornography (male). The filename was included in the abuse email. So yea, I wouldn't say all porn is so innocuously copyright-free.

    7. Re:knowledge is power by bloo9298 · · Score: 2, Funny

      Oh, they're already working on the "Open Sauce" porn series. Eric Raymond is up first, with some transexuals and hermaphrodites. The title is the "The Bazaar and the Bizarre".

    8. Re:knowledge is power by tqft · · Score: 1

      If you were sharing porn in wholesale quantities I would be more concerned with a visit from some of the financial beneficiaries of these products.

      Not all of them are upstanding members of the community who would use a lawyer to sort out the problem.

      They may have a more sensible view and regard it is as market expanding to let the older items fertilise the market for new products, but they could turn nasty.

      Not all pornographers are connected to organised crime, probably not even most, but you don't want to find out the wrong way.

      --
      The Singularity is closer than you think
      Quant
    9. Re:knowledge is power by ZorbaTHut · · Score: 1

      Why not just hack your emule client and disable uploading?

      Just curious.

      Seems a bit simpler and more reliable, that's all I'm saying.

      If you want upload credits you could even find something to allow you to enable uploading for specific files.

      --
      Breaking Into the Industry - A development log about starting a game studio.
    10. Re:knowledge is power by Jtheletter · · Score: 1
      Damnit man, a 'sea of porn' is your solution to everything!

      You may be on to something there.... ;)

      --
      -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
    11. Re:knowledge is power by hackstraw · · Score: 1

      knowledge is power, use it wisely

      "Knowledge shared is power lost."

      -- Aleister Crowley

      Seriously. When everyone is a criminal in the eyes of the establishment, the only real crime is stupidity.

    12. Re:knowledge is power by lundbergaj · · Score: 1

      Better yet, use a p2p program that lets you keep shared files separate from the ones you've downloaded. Thus, you can have your share full of things you're "safe" sharing but are still desired by others. I think you're right that there's little chance of getting in trouble for what you download, as they'll only be able to trace that if the enforcer is sharing the file they don't want shared.

    13. Re:knowledge is power by inhalentbroom · · Score: 1

      Don't the eMule servers keep logs?

  34. Re:Solution: Offshore all Torrent sites to Asia by epiphani · · Score: 2, Informative
    --
    .
  35. Unsecured WAP by quokkapox · · Score: 5, Insightful
    How on earth are they going to prove that the "John Doe" who was using a particular IP address was actually doing the downloading? There have to be countless apartment buildings nowadays with clueless, naive, rich grannies who got a wireless router to go with their spiffy new laptop which they actually only bought to get online and read emails from the grandkids.

    Surely some of these WAPs are located in buildings where the neighbors are leeching free broadband using granny's DHCP server and downloading all sorts of copyrighted torrents.

    I wonder how many of these innocent granny types are going to be getting nice subpoenas from the MPAA. If they are senile and ignore them they might get default judgements when the case goes to court. Is the MPAA going to take away their money/home/valuables when they win by default?

    Hell, my own home WAP was temporarily wide-open and unsecured for a while when I first set it up. Do I deserve to get potentially sued for being temporarily clueless?

    --
    it's a blue bright blue Saturday hey hey
    1. Re:Unsecured WAP by Anonymous Coward · · Score: 0

      granny fetish?

    2. Re:Unsecured WAP by quokkapox · · Score: 1
      granny fetish?

      I was trying to name the most innocent-sounding person who might be accidentally sharing their wireless connection.

      I had forgotten about all the free access points at coffee shops, etc. If you only run bittorrent when you are online at starbucks, are you impervious to MPAA/RIAA legal threats?

      --
      it's a blue bright blue Saturday hey hey
    3. Re:Unsecured WAP by siliconjunkie · · Score: 1

      If you only run bittorrent when you are online at starbucks, are you impervious to MPAA/RIAA legal threats?

      If you are using some random, unprotected AP whilst sitting at *$'s, then yes, you are. If you plunked down the coin to use the for-pay hotspot that they offer, then your credit card number could potentially be used to trace you (and you should assume T-mobile...or whoever...most likely has that on file)

    4. Re:Unsecured WAP by flakac · · Score: 1

      I wonder how many of these innocent granny types are going to be getting nice subpoenas from the MPAA...

      None. The MPAA cannot subpoena anyone. They can however ask a court to do so.

    5. Re:Unsecured WAP by AZURERAZOR · · Score: 1

      One of our illustrious... Free flow of information programmers should just develop a 'virus' that uses the SETI principle for idle computer time. The perfect Alibi... Jeez Mr MPAA butthole lawyer... I can't say I know how that content got to my hard drive...

      Defense 1337 expert testifies... There was a trojan horse program that selected random content from the internet to download during idle computer time to be less intrusive... there would have been no way for the user to know...

  36. What the fuck? by Anonymous Coward · · Score: 0

    I hate to be the priorities guy, but you want to offshore Torrent sites to Chad, Niger, Congo, etc, so we can (semi-legally) get our jollies in free music/movies/whatever while the locals are starving in the streets? Corporations are not the only entities capable of being greedy...

  37. Re:Solution: Offshore all Torrent sites to Asia by briancurtin · · Score: 0

    i just registered via the register link on the front page

    --
    My UID is a palindrome, that must be good for some type of prize.
  38. Waiting for this to happen ... but - by bizitch · · Score: 1

    Now what can they do with the logs?

    Due to the nature of bittorrent - where everyone uploads a little here and a little there - are they going to name everyone (by IP address)in one massive slap suit?

    Unless they can nail (and prove) who the initial seeder is, they would have to go after EVERYONE who participated in the torrent - no?

    Of course, lawyers are total pond scum and can come up with something for sure - but I dont get how they can nail me for uploading segment 3415, 1298 and 8129 out of 8902 of any particular file

    --
    ---- "Logoff! That cookie shit makes me nervous!" - A. Soprano
  39. distributed by PhYrE2k2 · · Score: 1

    Suprnova if I understand was distributed amoung many mirrors... I'd imagine these weren't kept and merged nicely.

    -M

    --

    when you see the word 'Linux', drink!
  40. Oh man- by Anonymous Coward · · Score: 0

    6. suck down hillary duff in a minute or two (heh)

    In Soviet Russia, Hillary Duff sucks down you!

  41. Semantics, shemantics, blah blah blah. by Anonymous Coward · · Score: 0

    I'm getting really pissed off at these record/movie companies misrepresenting the truth. The simple fact is - it's called copyright violation, not theft.

    Yeah, yeah. So when you receive your notice from the RIAA/MPAA, simply cross out all instances of the word "theft" and replace them with "copyright infringement". In the end, you're still getting a letter demanding $100K in damages for your actions, and you're still going to court.

    That's a whole lot better, now isn't it?

    1. Re:Semantics, shemantics, blah blah blah. by craznar · · Score: 1

      Well - of course it is.

      Theft is a criminal act, copyright infringement is a civil act.

      I'll also ask them why they wouldn't take my money before when I wanted to buy their stuff.

      Then I'll sell all my CDs, DVDs etc to pay them.

      --
      EMail: 0110001101100010010000000110001101110010 0110000101111010011011100110000101110010 0010111001100011011011110110
  42. What will the logs actually contain? by adrenaline_junky · · Score: 3, Insightful

    It seems to me that the logs from SuperNova can contain two things:

    1) The IP addresses of people hosting bittorrents
    and
    2) The IP addresses of people being redirected to download from the above people

    In both cases I fail to see how there can be any effective legal case. Unless the MPAA actually went to the sites in question and downloaded the files, they can't prove that "Matrix.avi" was actually the movie Matrix. And they certainly can't prove that the downloaders ever actually completed their downloads, regardless.

    I call "bullshit". No way any guilty verdicts can ever be reached here.

    UNFORTUNATELY, however, with the FUCKED UP legal system in the U.S., some people might not have the resources to actually hire a lawyer to point this out, even though doing so would guarantee an innocent verdict. So expect a few po' folk to negotiate settlements...

    1. Re:What will the logs actually contain? by terminal.dk · · Score: 1

      I agree. We need somebody to download the OS X for x86 first release that was on the Internet.

      The one that booted into Linux and displyed a goatse.cx picture.

      Show that in court to convince the judge that things are not what they pretend to be. Case closed.

    2. Re:What will the logs actually contain? by BackInIraq · · Score: 1

      I call "bullshit". No way any guilty verdicts can ever be reached here.

      Except, since copyright infringement isn't theft (as we so vehemently, and in my opinion accurately, argue around here), there is no guilty or not guilty. The word you're looking for is, I belive, "liable."

      They're not charging you with theft, they're suing you for damages. And all they would need is to download enough of the file to ascertain that it is extremely likely that Matrix.avi is, in fact, The Matrix, then they could check the tracker logs to see how much you seeded of that file. Now they've got an IP, and they've got you sending a gig of Matrix.avi.

      But how do they know it was really YOU at that IP, you ask! They don't need to...if the ISP says that it was your account with them using that IP at that time, it was "you enough." Unsecured WAP at your house? Guess what...you could still theoretically be held liable. Then it's up to you to figure out who was using that WAP and sue them for damages. That's how the legal shit rolls downhill in the US.

      Oh wait...I'm not a lawyer, and any or all of what I just said could probably be bullshit. But I do know that civil trials and criminal trials are two totally different animals. I know that O.J. was found not guilty of murder but still found liable in a wrongful death suit (unless I'm mistaken, again). I know of somebody who didn't have enough evidence, according to the DA, to pursue a rape charge, but still won a civil case against the perpetrator (or rather, the perps homeowner's insurance company, since it happened at his house), and recieved a sizable settlement for damages. Funny how these things work.

    3. Re:What will the logs actually contain? by Kjella · · Score: 1

      But I do know that civil trials and criminal trials are two totally different animals. I know that O.J. was found not guilty of murder but still found liable in a wrongful death suit (unless I'm mistaken, again). I know of somebody who didn't have enough evidence, according to the DA, to pursue a rape charge, but still won a civil case against the perpetrator (or rather, the perps homeowner's insurance company, since it happened at his house), and recieved a sizable settlement for damages. Funny how these things work.

      That is one of the most difficult points of the legal system, where the civil suit deals with the same issue as the criminal suit, and the only way the liability could arise is on the basis of those actions. There are essentially three solutions:

      1) Make civil suits "beyond a reasonable doubt", which is at best difficult (damn difficult to get legal damages = lawlessness), and at worst impossible because often the parties are quite equal, there's no real prosecutor/defender scenario.

      2) Make civil suits like criminal suits only if there's been a criminal case, which would create bad incentives against criminal cases (better to get one by a lower standard than neither), and what if it lead to a criminal case after the civil one? And people could speculate in making a criminal case and reasonable doubt to get away from otherwise lost civil cases.

      3) Create a state of "probably, but not beyond a reasonable doubt guilty", in short called "liable". It's a PITA for everyone, the winner often take it as a conviction, the loser feels it is "guilty after being proved innocent", the courts and press need to tiptoe around to avoid actually saying he is guilty, because in legal terms he isn't, and yet liable.

      Nobody has found an ideal solution. Feel free to suggest one.

      --
      Live today, because you never know what tomorrow brings
  43. I have a list... by E8086 · · Score: 2, Interesting

    I have a list! A list of 57 communists in the State Department. (or was it RIAA/MPAA?)
    err...I mean a list of seemingly random numbers grouped in four sets of one to three numbers separated by periods and I have no way of proving the authenticity and/or credibility of the list or tell you anything about it and only vaguely explain how it was made and I got it. But I will say that you're on it but I won't let you look at the list to verify that you're accually on the list.

    Sure, that will work. Yes, I'm sure enough people who visited those sights did so for legally questionable reasons, but they may have had forums, like slashdot, but also having .torrent files. That would be like guilty through association. or something like that. Showing that a list created by people doing illegal things showed someone visited a website doesn't carry much weight with me. For all we know the operators of those sights could have made a list of every IP in California or Texas and turned that over.

    --
    F7 doesn't work, ignore spelling and grammar
    1. Re:I have a list... by dchallender · · Score: 1

      I use a nice configurable non IE browser, amongst the near endless tweaks is the ability to set to background download (or not) links from a site, so if I choose to go to taht link its "instant" as already downloaded. Say I had this feature set on a site where I knew I would be browing a lot of the pages, forgot to turn it off and went to another site that happened to have a link to a torrent.... By the MPAA logic I am guilty, whereas all I have done is forgot to turn off a bandwidth sucking feature of my browser, and have downloaded a torrent "tracker" file but never used it in any way.
      --
      Regards Dave
      Generated by SlashdotRndSig via GreaseMonkey

  44. Bankruptcy through Trials by kilox · · Score: 0

    Okay..let them try to sue a few hundred thousand people. They will probably find that the legal costs will quickly surpass the piracy costs. Heck, let them sue every last bit-shared until their bankrupt. That'll show them their flawed logic.

  45. Re:Solution: Offshore all Torrent sites to Asia by YrWrstNtmr · · Score: 1
    ...offshore all Torrent sites to Asia, in countries such as China, India, Malaysia, Thailand, Sri Lanka
    ...they can even be hosted in backwards African countries such as Chad, Niger, Congo, etc.

    Define that 'offshore' situation.
    The physical location of the hosting server?
    The mailing address of the corporation?
    The legal presence of the corporation?
    The owners legal place of residence?
    The owners physical presence?

    Unless you're talking about ALL of those...somebody is gonna get screwed.

    Are YOU ready to move to the Congo?

  46. You're missing the point by HBI · · Score: 4, Insightful

    They are suing customers because they want to pressure Congress into passing laws criminalizing file sharing beyond the extent which it is right now. They figure the people sued will complain to government. Their lobbyists will deflect the complaints by saying they'll stop if they get what they want legislatively. Otherwise, they'll whine, they will be put out of business eventually.

    The politicians cave and we lose more rights. It's really rather masterful if you think about it. In a really evil way.

    --
    HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
  47. me = dumb? by neurokaotix · · Score: 1

    Perhaps I am simply ignorant but how does downloading something result in copyright infringement? Wouldn't the downloadee actually be responsable for that and not the downloader?

    --
    "...if people respected copyright more, like you guys do with the GPL so religiously, [the DMCA] wouldn't be necessary."
    1. Re:me = dumb? by Yrrebnarg · · Score: 1

      Yeah, you probably are dumb. It's illegal to copy copyrighted material without permission of the owner...that means uploads and downloads. As for downloadees, I haven't ever heard that term...

    2. Re:me = dumb? by Anonymous Coward · · Score: 0

      Uhm no, it depends on where you live. Here in Holland it's perfectly legal to download copyrighted stuff without the consent of the copyright holder. Our equivalent of your SOCUS has confirmed that a couple of years ago.

    3. Re:me = dumb? by TeknoHog · · Score: 1

      It depends on the local law. In Finland it's legal to download anything you find on the Net. The illegal part is distributing something without permission.

      --
      Escher was the first MC and Giger invented the HR department.
    4. Re:me = dumb? by neurokaotix · · Score: 1

      Well, that answers my question. In my example though downloadees were the people you were downloading from.

      --
      "...if people respected copyright more, like you guys do with the GPL so religiously, [the DMCA] wouldn't be necessary."
  48. you make a movie, you make a few million dollars, then you die. way to go, hollywood.

  49. If they are stupid enough to keep logs... by Snaller · · Score: 1

    ...that's what you get. Learn it.

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
    1. Re:If they are stupid enough to keep logs... by Anonymous Coward · · Score: 0

      LOGS ARE FOR FLUSHING!

  50. Turnabout by ShagratTheTitleless · · Score: 0, Insightful
    Stealing content online ... It's illegal and it's wrong.

    Certainly it's illegal, and it *should* be wrong and yet I don't think it is wrong. Let me try an analogy: Murder is wrong. Killing someone who is trying to murder you is not wrong. I believe the movie industry is at war with consumers so I feel it is justified to be at war with them. I would like to have a hi-definition digital video recorder. The industry is trying to make sure it can only record what they allow and degrades analog outputs. I would like to watch ultra high resolution movies on my computer but again they plan to degrade signals to non "secure" monitors. They have attacked people for decrypting DVD content that they have legally purchased. They have planned to fuck over people who bought early HDTVs by refusing hi-res content since they may have a non secure signal path. They insult movie goers with anti-piracy ads. Who the fuck but a paying customer is going to see those guilt trips on film-stock? Myself I don't care to download movies. I just rent from the cheapest place I can find and my disgust has led me to many fewer DVD purchases.

    --
    Sometimes at night I imagine the darkness is filled with horrible things with too many teeth, like Julia Roberts.
  51. Copyrights need to be re-considered by babagee · · Score: 1

    Many people in this world do not believe that they are doing anything morally wrong when they download a copy right material. Why is that? I believe that people have not bought into the legitimacy of the copyrights. Copyrights may have and perhaps they still do serve a legitimate benefit to society but the benefits have been lost or forgotten. Can you imagine how difficult it would be to create a brand without copyright protection? Brands do give people consistency in product and service without having obvious copycats providing inferior product or service. I can understand why a corporation needs copyright protection that lasts for a long time. Should there be limits on that as well? Copyrights are also there to encourage and induce artist to crate products (music, shows, movies) for their own good and that of society. I think this where the problem lies. The Copyright to protect an artistic work lasts virtually for ever. Would the Beatles or Elvis have been less motivated to create if the life of the copyright was only 5 or 10 years? I think not and most of the people feel the same way. How much do we need to pay these guys before we the society have paid them enough for their efforts? I believe this question needs to asked by all lawmakers around the world in order to maintain some sense of law and order in this field. If a product that can cure cancer, require nearly a billion dollar to develop over 10 years before any return on the investment and that product only gets a 17-year protection (really 7 years since it may have taken 10 year to develop the drug) then why does a copyrighted material need virtually unlimited protection?

    1. Re:Copyrights need to be re-considered by Anonymous Coward · · Score: 0

      Please learn how to write in paragraphs.

    2. Re:Copyrights need to be re-considered by kwark · · Score: 1

      Copyrights may have and perhaps they still do serve a legitimate benefit to society but the benefits have been lost or forgotten.

      Hmmmm, the benefit of the (to me applicable) copyrightlaws is that it is those that give me permission to freely copy works for my own personal and private use.

      YMMV

  52. Keep your own log by BCW2 · · Score: 2, Interesting

    Show up in court with your computer that has 8 different versions of Linux (all downloaded) with up to date torrent patches. Oh you thought that amount of traffic had to be movies? The counter suit will be for 10x what you tried to get.

    --
    Professional Politicians are not the solution, they ARE the problem.
  53. How about this defence: by Associate · · Score: 1

    Say you found a distributor that was offering the movie/music/whatever at a price reflective of the quality. And that you further were unaware that the distibutor was not an authorized dealer.
    Maybe if instead of complaining about how bad the movies we see are, we tell the theater management we want a refund. Then Hollywood could really see in real numbers what the issue is.

    --
    Someone hates these cans.
  54. Betrayal by Kaorimoch · · Score: 4, Interesting

    The ultimate betrayal. First Lokitorrent collects donations for a legal defense fund, then rolls over for the MPAA and contributes all the logs to them for downloaders. His idiocy costs the community even today. I must admit, its enough to scare people using current sites away if they think they are getting logged for later. Anyway, I hope all the other sites keep NO logs after this event.

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

      I'm glad some peeps remembered this. LokiTorrent said it would go to the courts for P2P, took the money and ran.

      Lots of peeps were curius what happened, so afterwards, the isohunt guy did an official search for a court verdict against Loki and it turned out that it never went to court. Loki took the money from the Ads and the contributors and retired.

      Anyone know where he lives :)

  55. why do they need to get logs? by v1 · · Score: 3, Insightful

    If you connect to a swarm, you soon get a list of alll peers in the swarm. Why do they need to get log files from the servers when they could have sampled all the swarms at any time and gotten a complete list live? (AFAIK this is what they did with suprnova before it got closed, because ppl got letters from RIAA a few weeks before it was closed)

    Only thing I can figure is they are technically inept and can't figure out the protocol so they have to rely on logs? Or there is some information or coalation/summary in the logs they are interested in?

    --
    I work for the Department of Redundancy Department.
  56. Why Not Offer A Competing Service by Bin+Naden · · Score: 2, Insightful

    People like to watch the latest movies from the comfort of their homes. What about doing like iTunes and offer them an internet showing of the movie for let's say 5 bucks a movie? You get better quality than torrents, faster downloads, no people getting up in front of the camera all the time all from the comfort of your home. The movie studio saves on distribution costs and get extra income from the geek crowd who would never dare be seen in the bright daylight but prefer to bask in the warming glow of a computer monitor. Everyone wins.

    --
    There should be a "-1:Groupthink"
  57. I call BS on the "suprnova logs" claim with reason by plasmacutter · · Score: 3, Interesting

    Suprnova closed down on it's own. The MPAA/RIAA were never involved. No law in it's hosted nation at the time allowed any of these organizations to lay hands on the logs. The admins responsible destroyed the site and began working on exeem.

    Any questions or comments?

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  58. Heh by msimm · · Score: 1

    Thats a double-edged sword. If you keep no records (or few) you protect your users from things like this, if you keep no records your torrents get swamped by leechers and you lose your users (the ones you want anyway).

    Bittorrent never was intended to shield users like this.

    --
    Quack, quack.
  59. it may be unpopular but... by xenomouse · · Score: 4, Insightful

    It may be a good idea to switch to trusted file-sharing. Remember the days of old (pre-napster) when one had to search out a good ftp site or hotnet server, contact the admin by email, etc. Did you ever worry that the admin was some RIAA/MPAA agent setting a trap? Did you worry that an RIAA/MPAA agent was sniffing packets between you and that ftp server? Did you even know that the RIAA/MPAA existed for a purpose other than putting warning labels on your entertainment?

    Too many of us have bought into the "my way, right away" mentality, in which if we can't find what we want in less than five minutes, someone's done us wrong. To many, this is a way of life, and they have stopped caring (to the point at which they routinely risk the longterm health of themselves and their society) who provides them a service or product just as long as it is provided right away. Now, i appreciate the immediacy of (some) file-sharing utilites as well as the broad range of content available on their networks, but is the risk really worth it? Why would anyone in their right mind risk a heavy fine for downloading dukes of hazard or the latest jason mraz album? Anyone who uses any of the top five file-sharing protocols takes that risk each time they download something that someone in california happens to care about.

    If you really want the "phat loot," make sure you know who's providing it to you, or at least make sure they can never find out who you are. I've found that the best way to get anything free is to personally know someone who has direct access/control over it. Next chance you get, go visit the helpdesk or IT department or whoever's responsible for installing software onto the machines where you work/go to school. If you don't have a job or go to school (get a job, hippy!) then go visit the local community college during the next open house (and then visit the IT dept). Those people are (or will shortly be) your friends. Chat it up with them, talk about your favorite video game/author/movie/pet - you will have something in common with them (it's inevitable, Mr. Anderson). Any place with a respectable IT department has either site licenses or several extra licenses for just about anything you could ever need/want. Guess what... if you need a software package - and your newfound friend has a few extra on hand - he will share with you (unless he's a total tightwad).

    As for movies and music... be honest with yourself. The tripe that has come out within the past few years (White Chicks? You got Served?? Catwoman???) is far below you, and you don't need to watch the whole movie (or listen to the whole cd) to figure that out. Invariably, any movie or music worth experiencing is also worth at least a rental if not an outright purchase - otherwise, don't waste your time. Indie movie makers and musicians probably don't care (and might even like it) if you download their stuff, so go wild on that one.

    Trust is good. Patience is good. We could all use a little more.

  60. IRC by CriminalNerd · · Score: 0

    All of this hub-bub over Bittorrent downloads. If the MPAA is intent on suing everybody involved in their problem of "loss-of-revenue" why don't they go after the IRC servers next? Jeez. You think that they would just shut-up already. What's the point of suing other people for sharing movies? I mean...Look at Yahoo! Music. Every piece of music you can get for a LOW LOW price. What makes movies any more different? Sure they might be a bit more costly, but I doubt that it is enough to amount to a (near-class) lawsuit.

    1. Re:IRC by rdoger6424 · · Score: 1

      Near-class? What's that? A class lawsuit is 2 or more people.

      --
      "Hello 911? I just tried to toast some bread, and the toaster grew an arm and stabbed me in the face!"
  61. Court Filings? by Anonymous Coward · · Score: 0

    Does anyone have access to the actual court filings? Someone must have a Pacer account, most likely the complaint was filed (as usual) in the Northern District of California...if so, please to be posting a link.

  62. Google Delivers Ad's Relevant to Your Content by craznar · · Score: 1

    Is this a co-incidence .... google is relevant to this content.

    Of course it is - how else do you find the cracks and serialz :)

    --
    EMail: 0110001101100010010000000110001101110010 0110000101111010011011100110000101110010 0010111001100011011011110110
  63. Wow... by PorkCharSui · · Score: 2, Insightful
    Did anyone actually read the article?

    The group previously said in February that a Texas court had ordered that the server logs of one big site, called LokiTorrent, be turned over to Hollywood investigators. An MPAA spokeswoman said that none of Thursday's suits were related to that action, however.

  64. The real world... by Anonymous Coward · · Score: 0

    Unfortunately here in the US the intent to steal somthing is just as bad as stealing itself. If i get caught caught TRYING to steal a product from a brick and mortar store, the fact that, in actuality, i never left the store and "stole" the product has little relevance in court. Any judge in this country is still going to give you a penalty for the attepmted theft.

    Couple this with the fact that thanks to the RIAA and MPIAA (or their lawyers respectively) it has been deemed (decided by the courts, establishing precedence) that intellectual property rights are the same as physical property rights.

    This means in effect that even though you didn't download the WHOLE movie (and because of that weren't able to view it) you attempted to, which is damaging enough and proves intent.

    Whether or not this is a "slam dunk" conviction or not could be argued indefinately, but I don't think that they are as far out on a limb as we'd like to think they are.

    Hell, enough lawyers and money can get you off for anything including child rape and pre-meditated murder!! (thank you Michael Jackson and OJ Simpson). I'm pretty sure both Arts Associations have enough money to pull this one off if they really want to.

    If they can prove identity, which it doesn't seem to be a problem using IP addresses in todays courts, i'm sure that they could get a conviction if they really want to.

  65. Mod Parent back down. It's a TROLL!! Duh! by KeithIrwin · · Score: 1

    Sheesh. I mean, come on, there's no way this is serious. He attributes all sorts of outlandish ideas to the previous poster, none of which were in any way said or implied. He only stopped just short of "You think that all movie executives should be beheaded?"

    He's just trying to get a response.

    Keith

  66. let's force RIAA to sue themselves by Anonymous Coward · · Score: 0

    How stupid should the torrent websites be to strore the logs. There's no law that forces you to do any logging on any websites, as far as i know.

    Besides, i do not see how logs can be admissible in court, since they are simply text files which can be changed. I would add IP addresses of RIAA people in them, that would be fun to watch them suing themselves.

  67. So what's up with the Tor network? by ZosX · · Score: 2, Interesting

    When will they start allowing UDP traffic so we can get bittorrents anonymously?

  68. Good damn post ! by zymano · · Score: 1

    These lawsuits are going fucking unchallenged.

    All it takes is some victories.

  69. How did you get modded up? by jgoemat · · Score: 2, Insightful
    Do you really think it is morally wrong? People aren't 'TAKING' things for free, they are COPYING them. Copyright is not a moral right of someone, it is a right established by the government to assist in the development of the useful arts. It is not 'PIRACY' or 'THEFT'. That means taking something, not copying it. Taking something is removing it from one place and putting it in your posession. Copying is not the same thing.

    If someone copies something I did, it in no way diminishes what I have done. I could more easily argue that keeping knowledge from people is morally wrong than putting people in jail for sharing knowledge is wrong.

  70. I have such a friend... and he'll probably be sued by Kamiza+Ikioi · · Score: 5, Insightful

    He's a big Star Wars fan (as in actually owns figures, not just a movie fan). He's seen the latest one 5 times that I know of. At a minimum of $8 per ticket, he's given the franchise $40 + drinks/popcorn/milkduds. This is on top of the 3 or 4 collectable box sets of the originals he owns (mucho dinero). He also got one of the downloaded copies of Episode 3. He hates the quality of it, but it's a piece of Star Wars history to him.

    I on the other hand saw the movie once, really liked it, but won't fork over any more money to see it again. I'll wait for someone to loan me their DVD to watch.

    Now, who should the studios more likely sue, him or me? What's ironic though is that if I'm correct, I'll be the one 100% legal. He'll be the one committing a crime, even if Hollywood benefitted much more from him. It's people like my friend that they are in business at all.

    Give them a dollar, and they'll suck you dry. I'm almost scared to use anything but cash at the theater for fear of what other craziness they may come up with next if they had my name on a reciept.

    --
    I8-D
  71. Tracker Logging by Anonymous Coward · · Score: 0

    It seems that alot of people are wondering about why torrent sites keep log files. That is the way they were designed. Its not so much about keeping them for days on end, but to keep track of seeds/peers, login accounts, user data, uploader information, tons more data...there has to be logs to keep track of it. If there were no logs there would be no way of tracking the users on the site, the uploaders on the site, how many people are downloading/uploading, and the speeds of them as well. All the torrent sites are built with admin functions where they can tell all this data.

    As far as i know, all this is kept track of in a SQL database. They are not so much talking about apache logs, or "tracker logs", its the actual database that keeps the whole torrent site running. With having everything in a database it is also easier to delete the system logs on the server, and just dump the database to a file and give it to the MPAA/RIAA, or whoever, and delete certain peoples names out of it. They will never be able to figure out what was deleted from the database protecting whoever, and giving evidence against everyone else.

  72. The upside by Traiklin · · Score: 1

    The Upside to all this is that no matter what Downloading a file will give you a prison sentance longer then if you just went out and ended someones life. so we all have a decision to make Download the latest movie? or Go out and kill someone you serve less time for killing someone then if you download/share copyrighted material and as we all know, That is the TRUE american way.

    1. Re:The upside by Legion303 · · Score: 1

      What the fuck are you babbling about?

    2. Re:The upside by Traiklin · · Score: 1

      The punishment for Copyright infringment is worse then if you were to kill someone. People have gotten 25 years in prison for copyright infringment as the minimum. Murder will net you 20 years in prison as the minimum.

    3. Re:The upside by Legion303 · · Score: 1

      Copyright infringement is a civil offense.

    4. Re:The upside by Legion303 · · Score: 1

      It's been pointed out to me that there are two exceptions to this: When someone willfully infringes copyright for monetary gain, or when someone commits 10 or more acts of infringement in a 180-day period where the value of the copyrighted material is over $2,500, then it becomes a criminal offense.

      http://www4.law.cornell.edu/uscode/html/uscode18/u sc_sec_18_00002319----000-.html

      The law sets the maximum possible penalty for the second *and subsequent* offenses under this law to 10 years. Please tell me who received 25 years as a result of violating this law, assuming they're in the US.

  73. Re:I have such a friend... and he'll probably be s by mcrbids · · Score: 1


    Give them a dollar, and they'll suck you dry. I'm almost scared to use anything but cash at the theater for fear of what other craziness they may come up with next if they had my name on a reciept.


    Bzzzzzzt!!!! I call bullshit. You had me until you wrote the above quoted bit.

    Come on, man. You're afraid to use a credit card? That might, you know, indicate a legitimate purchase? Do you even have a credit card? Does your "friend" even exist, or is he merely part of that public face you'd like to be known by here on Slashdot? What's the last movie you saw (ahem) AT the theater?

    Give me a bag, I have some used dinner you might need to take a look at...

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  74. Re:waving to the camera by CProgrammer98 · · Score: 1

    Or the dumwit who robbed a CCTV surveillance store Hilarious, but in this case, as the store owner pointed out, "The incident was "the biggest boost to business imaginable"."

    --
    And the people shall be oppressed, every one by another, and every one by his neighbour Isaiah 3:5
  75. Coincidence by Widowwolf · · Score: 1

    I wonder if this has any association with the article that was just released..seems like a coincidencee..there are no such things as coincidences!

    --
    ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
  76. Deadwood by Anonymous Coward · · Score: 0

    Great series though! I can't wait to see if they do a season 3...

    Huh? That fucking cocksucker is just to goddamn profane! People -didn't- talk like that back then, and it gets boring after about 10 minutes. Good idea, shitty writing...

    1. Re:Deadwood by ZosX · · Score: 1

      Well they had to make it accessible. If they really talked like it was the 1860s people would be going "huh?"

      I think its a great piece of writing personally. The monologues that Swearigen does with the indian head are fantastic.

  77. Crazy people across the atlantic by mholt108 · · Score: 1

    I just read this article ... man you have one scary ass country ... read on:

    From http://www.404audio.com/forum/viewtopic.php?t=1481 4

    Last night, I was booked to play an event about an hour outside of Salt Lake City, Utah. The hype behind this show was huge, they presold 700 tickets and they expected up to 3,000 people total. The promoters did an amazing job with the show.. they even made slipmats with the flyers on them to promote in local shops.

    So, we got to the show around 11:15 or so and it was really cool. It was all outdoors, in a valley surrounded by huge mountains. They had an amazing light show flashing on to a mountain behind the site, the sound was booming, the crowd was about 1500 people thick and everything just seemed too good to be true really. Well...

    At about 11:30 or so, I was standing behind the stage talking with someone when I noticed a helicopter pulling over one of the mountain tops. I jokingly said "Oh look, here comes big brother" to the person I was with. I wasn't far off.

    The helicopter dipped lower and lower and started shining its lights on the crowd. I was kind of in awe and just sat and watched this thing circle us for a minute. As I looked back towards the crowd I saw a guy dressed in camoflauge walking by, toting an assault rifle. At this point, everyone was fully aware of what was going on . A few "troops" rushed the stage and cut the sound off and started yelling that everyone "get the fuck out of here or go to jail". This is where it got really sticky.

    No one resisted. That's for sure. They had police dogs raiding the crowd of people and I saw a dog signal out a guy who obviously had some drugs on him. The soldiers attacked the guy (4 of them on 1), and kicked him a few times in the ribs and had their knees in his back and sides. As they were cuffing him, there was about 1000 kids trying to leave in the backdrop, peacefully. Next thing I know, A can of fucking TEAR GAS is launched into the crowd. People are running and screaming at this point. Girls are crying, guys are cussing... bad scene.

    Now, this is all I saw with my own eyes, but I heard plenty of other accounts of the night. Now this isnt gossip I heard from some candy raver, these are instances cited straight out of the promoters mouth..

    - One of the promoters friends (a very small female) was attacked by one of the police dogs. As she struggled to get away from it, the police tackled her. 3 grown men proceeded to KICK HER IN THE STOMACH.

    - The police confiscated 3 video tapes in total. People were trying to document what was happening out there. The police saw one guy filming and ran after him, tackled him and his camera fell, and luckily.. his friend grabbed it and ran and got away. priceless footage. That's not all though. Out of 1,500 people, there's sure to be more footage.

    - The police were rounding up the staff of the party and the main promoter went up to them with the permit for the show and said "here, I have the permit." The police then said, "no you don't" and ripped the permit out of his hand. Then, they put an assault rifle to his forehead and said "get the fuck out of here right now."

    Now.. let's get the facts straight here.

    This event was 100% legal. They had every permit the city told them they needed. They had a 2 MILLION DOLLAR insurance policy for the event. They had liscenced security guards at the gates confiscating any alcohol or drugs found upon entry (yes, they searched every car on the way in). Oh, I suppose I should mention that they arrested all the security guards for possession.

    Oh another interesting fact.. the police did not have a warrant. The owner of the land already has a lawsuit against the city for something similar. A few months ago, she rented her land for a party and the police raided that as well. And catch this, the police forced her to LEAVE HER OWN PERSONAL PROPERTY. That's

    1. Re:Crazy people across the atlantic by Anonymous Coward · · Score: 0
      You're wandering off-topic, but I'll reply anyway. I'm anonymous; I got karma to burn.

      The system fucked up last night...

      The system worked fine. It's worked the same way since before history began. If you piss off the Man, you had damn well better be prepared to deal with Him, and if you're not prepared for that, you'd best step lightly. The real fuck-up is that no one but the Man understands that it works both ways.

      The police were brutal in this case because they realized something that the crowd didn't: They were going against over a thousand angry people by themselves. If the crowd had realized this, not even dogs and assault rifles would have saved the police from being massacred.

      The only crime that I see being described in that article is the pathetic docility of the crowd, but what do you expect from the sheep in Utah? If the police want to try that shit in my neighborhood, they'd better bring tanks.

    2. Re:Crazy people across the atlantic by mholt108 · · Score: 1

      They were going against over a thousand angry people by themselves.

      Ya ... oh well, i guess it is just a bit shocking ... yeah, just a bit shocking... ill get over it.
      m

    3. Re:Crazy people across the atlantic by Anonymous Coward · · Score: 0

      Just be happy there's an ocean between you and that sort of thing...?

      It sucks, but as we say in America, "Well, what're ya gonna do?" (the unspoken answer being, of course, "Nothin'.")

  78. Re:I have such a friend... and he'll probably be s by Anonymous Coward · · Score: 0

    Well, while the original poster might be presenting a different face that he wishes to be known by here on Slashdot, you are, without doubt, a complete and utter asshole.

    Thanks for helping make the world such a pleasant place to live in, you cocksucker.

  79. Server logs... by purplepaste · · Score: 2, Interesting

    BitTorrent clients periodically ping the tracker (announce url) with statistics that include the number of bytes uploaded and downloaded to/from other peers. Standard web server logs would record this data, as it appears in the querystring. So it would be possible to determine from the logs whether a specific IP had downloaded the complete torrent, how much data they had shared, and an estimate of how long they had continued to seed the file.

    Absolutely stupid that the admins of these sites kept the logs. Suprnova was possibly the largest torrent site on the web, somebody really dropped the ball.

    1. Re:Server logs... by xiando · · Score: 3, Insightful

      BNBT, as used on http://xiando.com:6969/, does not log anything if you leave these settings blank in bnbt.cfg:

      bnbt_access_log_dir =
      bnbt_error_log_dir =

      BNBT is very fast and does not store any non-needed information about anything. It logs how many people have totally completed the file but does not waste the oh so valuable storage space available to store who happened to transfer what ages ago. This tracker is easy to install and uses virtually no resources.

      Suprnova used a completely different tracker and perhaps it logged a lot of useless information. That would have been very stupid and unwise, specially because they had no control what so ever over the content available there (at least, that is the general attitude all the now closed sites hid behind).

      Detailed logs over the tracker usage would not be need or required or desired so it sounds highly unlikely that any logs would contain anything useful to anyone or even exist. Detailed logs over tracker usage would generate a huge amount of data useful for no practical purpose what so ever, so it is highly unlikely such logs were ever created.

      Logs over the website usage are useless for any legal purpose because whatever the hash of a torrent and it's purpose when used with a bittorrent client, it still remains a simple torrent file with some hash code in it - perfectly legal to download by anyone. This is probably just some big pr-stunt to try to make people think bittorrent is bad. BitTorrent it not bad, it is excellent and you should try it today.

    2. Re:Server logs... by Guspaz · · Score: 2, Insightful

      Notice the use of the words "sites like". The MPAA isn't using Suprnova's log files because Suprnova shut themselves down, and didn't have any reason to give log files to anyone.

      Webserver logs wouldn't record the information you refer to, because the trackers usually run their own web server; you're not going to have it as part of your standard Apache log.

      Furthermore, even if you did have webserver logs from the tracker, it is still not direct proof. I can send requests to the tracker that say whatever I want. I can send a requset to the tracker indicating that I have uploaded 100GB of data even though I'm not even running a BitTorrent client.

      Log files are really not going to help them here, the only way to prove it would have been if they connected directly to the swarm and seen if the IPs sent them any copyrighted data. Since the swarms are long dead this won't work.

  80. Re:Waiting for this to happen ... but - by Anonymous Coward · · Score: 0

    Of course, lawyers are total pond scum

    What the hell!??
    How does that follow?

  81. Usenet getting to easy to use by bxbaser · · Score: 1

    Hopefully there will always be an easier way to download stuff that will attract the masses and make them way more noticable.
    The thing that killed file sharing online was that anyone could do it, was way to easy to use.
    First computer for christmas no prob download napster type a song name in and you are music pirate.
    Total time from newbie to pirate average of 4 days.
    Lots of people have had a comp for years and dont have a clue what usenet is.
    However now its getting way to easy to use , with things like nzb files, par files easy to use clients.

    I long for the old days when usenet was the uncharted wilds and people would be driven away cause you actually had to work at getting anything.

    1. Re:Usenet getting to easy to use by Overzeetop · · Score: 1

      I'm actually quite suprised that the newsaggregator services, especially easynews, hasn't been a target. I mean, really, they're storing the goddamned binaries on their servers and sending them out - even zipped up if you like - for 30-45 days. Not that I'm complaining ;-)

      --
      Is it just my observation, or are there way too many stupid people in the world?
    2. Re:Usenet getting to easy to use by celerityfm · · Score: 1

      But every ISP that has usenet service does the exact same thing.

      As I mentioned in another post, there's something going on thats protecting USENET and all those ISPs...

      --
      ...unfortunately no one can be told what The Mat^H^H^HGoatse is...they must experience it for themselves...
    3. Re:Usenet getting to easy to use by Overzeetop · · Score: 1

      Maybe I'm just out of the loop, but easynews actully decodes the files and offers them for direct downloads. Most nntp services are just storage and retransmission of (undecoded) bits which must be reassembled/un-uuencoded(or whatever) by the end user. Easynews decodes and thumbnails (for images/video). Its a fine distinction, but one which might be significant.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  82. would be eaiser to sue for porn by bxbaser · · Score: 1

    Im sure i would pay up in a second if they threatened to take my to court for pirating "Overweight lesbian midget transvestites gone wild 3"
    No offense to anyone reding this that may have starred in previous mentioned movie i applaud you. You are doing a service to the overweight lesbian midget transvestites community.

  83. please stop instant messageing me by bxbaser · · Score: 1

    To the overweight lesbian midget transvestite that keeps trying to instant message me please stop i didnt really see you movie i was just joking.

  84. -0-0kl9-kjFF??--?? by Anonymous Coward · · Score: 0

    Well to be perfectly honest I'm not a paranoid net surfer, but I can keep things a secret if need be. What use is an investigation if my HDD has been sanitized? Haha nothing, the RIAA and their cronies suck, no logs, no recoverable data, no nothing.

  85. Re:I have such a friend... and he'll probably be s by Anonymous Coward · · Score: 0

    I usually assume that anyone posting with a slashdot user name is an idiot and/or an asshole. You seem to fit the assumption nicely.

    I know about a dozen people who downloaded the Ep. 3 telesync. Every single one of them saw the movie in the theater at least once. The previous poster's comment about using cash at a theater signals paranoia, not bullshit, as surely as your comments indicate that you're an asshole.

  86. oeh.... by paanika · · Score: 1

    Then please make Software/Games/Music/Movies etc cheaper and much more available. Like a big internet shop, wich has cheaper commodities than in the regular shop,and which also sends goods internationally to everyone in the world, and the so called ultimate internet shop would be runned by MPAA/RIAA/BSA, and everyone will be happy and nobody won't cry and plaint, that MPAA has sent a arraignment to sb...

    --
    Ubuntu user.
  87. "Terrorist" acts are almost always lawful by Anonymous Coward · · Score: 0

    It's just that the laws aren't necessarily yours.

    Suicide bombers believe they will go to heaven precisely because they are following their laws. MPAA executives may believe the same. There's no difference.

    1. Re:"Terrorist" acts are almost always lawful by Anonymous Coward · · Score: 0

      Sadly, one difference is that the MPAA executives will probably survive the event.

  88. the 'lokitorrent logs' aren't used by Errtu76 · · Score: 1

    The catch is that Hollywood is using the log files off Bit Torrent sites like Suprnova and LokiTorrent.

    FTA: The group previously said in February that a Texas court had ordered that the server logs of one big site, called LokiTorrent, be turned over to Hollywood investigators. An MPAA spokeswoman said that none of Thursday's suits were related to that action, however.

    PS: totally unrelated, but the word i had to type to confirm i'm not a script was 'slaver' .. hmm

  89. Big log by slushbat · · Score: 2, Interesting

    This reminds me of an old girlfriend of mine. Sometime after we parted she got into dealing amphetamines for extra cash. Not being the sharpest tool in the box, she was caught at it after a while. She was so popular with everybody when the police found her diary with dates details and names of all her friends.

    --

    Don't put off until tomorrow what you can leave until the day after.

  90. Re:Waiting for this to happen ... but - by Anonymous Coward · · Score: 1

    but I dont get how they can nail me for uploading segment 3415, 1298 and 8129 out of 8902 of any particular file

    An alcoholic with a law degree from Devry could demonstrate a conspiracy case there.

  91. On a serious note by nurb432 · · Score: 1

    Downloading a torrent doesnt prove you actually downloaded/shared an entire copyrighted file..

    It might show intent, but it would never *prove* you carried it out.

    --
    ---- Booth was a patriot ----
  92. SMS kills movies that suck by SgtChaireBourne · · Score: 1
    Or that the movies I go to in the cinema are influenced by the recomendations of my friends, some of whom are downloaders?
    Or that many choose to visit the cinema based on reviews from their friends. Now that everyone has SMS on their phones, it's easy to warn your friends about really shitty films. There were a lot of articles last year and the year before on this. The drop off was something like 40%-50%.

    How about facing the fact that not only is a good portion of Hollywood's current business model outdated and destined not to survive the Internet, but that also the films being squeezed out are real dogs that few find worth paying for.

    --
    Beta is broken and the link to classic doesn't work. Stop wasting our time or there won't be anybody left here.
    1. Re:SMS kills movies that suck by DMouse · · Score: 1

      Yes, people are getting a lot more chatty about films, from sms to blogs, and the current buy the gross marketing ploy is dead.

      But if the film makers come down from their ivory towers and get amongst it, they can use these mediums to hype their movies. I knew I had to see both Morgan Spurlock's Supersize Me and Zach Braff's Garden State because I was following them on their blogs, and I could feel from the community that both had real stories to tell.

      For too long hollywood has valued the shallow (name actors, special effects) over the deep (a real story). It's just that story telling is the real difference between a dog and a standout film.

  93. I repeat... by Requiem18th · · Score: 0

    Lawrence Lessing once said that we live in a bumper sticker society. Well I've got a sticker for you "Why free Shakespeare?"

    Why is Shakespeare free for anyone who wants to copy, modify or perform it on stage?

    Du'h, Because its copyright has expired!

    That's begging the question, why should its copyright expire anyway?

    Because it is old.

    So what? It still sells! No matter how old it is, the characters don't grow old and the places don't get reduced to ruins.

    But it has become part of our cultural heritage!!

    Really? Nowaday more children recognize Darth Vader than Hamlet, more people nowaday have seen the complete Star Wars saga than the complete work of Shakespeare, by that standards it should be free now, just like Shakespeare.

    But Star Wars belongs to George Lucas. There is no one to receive payment for the works of Shakespeare.

    Not true. The London publishers are still around. Shakespeare sold them the copyrights so it morally belongs to them. They have every right to claim their money back.

    But Lucas needs the money to produce new pictures!

    And the London Publishers need their money to further publishing more wonderful books. Anyway, its their money, they want it back.

    They don't need money! Shakespeare is old stuff!

    Are you are implying that every popular work that is old; that means -not new- should belong to the public domain? That includes every pop song not to mention virtually every copyrighted work.

    No, these are new, ask anyone!

    The works of Shakespeare are new for many people today, and will be new for every generation to come.

    But we need the work of Shakespeare to build upon it, to make new versions and interpretations.

    Then why is it legal to collect and distribute the unadulterated original works? Or performing them in theaters? And why do you need them anyway?

    Because many independent young actors, not to mention million dollars selling blockbuster productions depend on Shakespeare being free!

    At the expense of Shakespeare? Pirates! If you need a cultural heritage you have The Bible, I heard it is still free, Shakespeare isn't, it is copyrighted stuff.

    But copyright should not be forever!

    What about forever minus a day? Just kidding, copyright is forever. Shakespeare is the original author, it belongs to him. He sold the copyrights to the London Publishers, the rights belong to them, forever. Or are you saying that Shakespeare somehow cased to be the original author?

    No, all I'm saying is that the works of Shakespeare belong to the world.

    You have failed to provide any good reason for your case.

    But our fathers made it free for us. They wanted free Shakespeare!

    So all I need to do is wanting free movies for them to be free? You should have said it before! I will go download one right away, then I'll show it to all my neighbors!

    No! that is theft! You must acquire a licensed copy from a licensed provider for licensed uses only. Because it is copyrighted, that's why.

    Could you give me a good reason for it to be copyrighted?

    I can give you plenty!

    One that doesn't apply to the works of Shakespeare too?

    I've got it! Copyrighting Star Wars serves the "public good", not copyrighting Shakespeare serves the "public Good" too! You totally don't get it! It's all about balance!

    And by "public good" you mean American Publishing Corporations that pressed strongly for it? I totally get it now! It's all about BS! If any, people should be buying from the London Publis

    --
    But... the future refused to change.
  94. You have a valid point and are making sense. by trezor · · Score: 1

    Please stop doing that. This is slashdot.

    And, as you know, copyright will either be abondoned entirely due to total civil disobidience or it will only be extended even further.

    The part about "benfiting society" was forgotten the very instant copyright holders realized there were more money to be made by bribing politicians. This is definitely not going to change anytime soon.

    What I'd like to see, is the copyright cartels or congress, whoever, having the balls to officially legislate the public domain away for good. If the public domain was actually removed from existance, I'd like to see people justify copyright as a whole.

    --
    Not Buzzword 2.0 compliant. Please speak english.
    1. Re:You have a valid point and are making sense. by gkoczyk · · Score: 1
      What I'd like to see, is the copyright cartels or congress, whoever, having the balls to officially legislate the public domain away for good. If the public domain was actually removed from existance, I'd like to see people justify copyright as a whole.
      IMHO, that is one of the reasons why corporations are so busy spreading the 'intellectual property' meme around. When the general public has it firmly in their heads that ideas/expressions are always someone's property (like cars or lawn chairs), no justification will be needed whatsoever.
  95. Re:I have such a friend... and he'll probably be s by Kjella · · Score: 1

    Well, it follows from simple economics that the price/demand curve is such that there's a lot more people willing to get a pirated copy at $0 than there are rabid fans who must have the illegitimate copies as well.

    And face it, nothing in this world works like that. If I've been a good customer of the bus company for years, I still expect to get a fine when caught without a ticket. You don't earn "brownie points" you can use to break the rules later.

    As far as the ad value goes, the truth is that seeing a pirated copy gives away too much. Trailers, reviews, recommendations are good, seeing the whole thing is bad. I think the most I've ever seen one movie is three times. Once at the cinema, once when I bought the DVD, and once much later. Each spaced well apart. If I saw the movie around release, there's no way I'd go to see it all over again. That'd be a straight loss for MPAA.

    Music is different, that I can listen to many times. Though I want it in MP3 format (I got a CD/MP3 player, and I drive quite often a 5hr drive back to my home town), nothing else is acceptable. To make a twist on Apple's motto, if I can't rip & mix, they can burn.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  96. Re:I call BS on the "suprnova logs" claim with rea by Anonymous Coward · · Score: 0

    Still the admins could have made some additional bucks by selling log files to the MPAA for megabucks.
     
    Even better, they could have made up a log file and sold it.

  97. Summary conflicts with Article. by NewStarRising · · Score: 1

    "sharers. The catch is that Hollywood is using the log files off Bit Torrent sites like Suprnova and LokiTorrent."

    No They are not.

    FROM THE ARTICLE:
    "The group previously said in February that a Texas court had ordered that the server logs of one big site, called LokiTorrent, be turned over to Hollywood investigators. An MPAA spokeswoman said that none of Thursday's suits were related to that action, however."

    When even the submitters don't read the article, and the editors don't check it AT ALL, then we know this is no longer "News for Nerds, Stuff that Matters", but is now "Sensationalist Lies, Innaccurate Rubbish".

    --
    b3 4phr41d 0f my 4bov3-4v3r4g3 c0mpu73r kn0wI3dg3!
    MadDwarf
  98. Re:I have such a friend... and he'll probably be s by hobbit · · Score: 1

    I have such a friend... and he'll probably be sued
    I have a friend who crosses the road... and he'll probably be run over.

    286 lawsuits out of... how many filesharers again?
    --
    "Wise men talk because they have something to say; fools, because they have to say something" - Plato
  99. Bittorrent means permission by bbc · · Score: 1

    If the MPAA, as the representatives of the copyright holders, are using Bittorrent, they are giving permission to copy the movies that they claim are being illegally copied. It would seem an untenable position to claim copyright infringement for a work that you offered up for free copying in one and the same breath.

    (IANAL. This is not legal advice.)

  100. I'm surprised... by Phil+John · · Score: 1

    ...none of those internet pirates got a contract out on Loki's head, if they could afford $30k in bs lawyers fees they could certainly get him "whacked" so to speak.

    --
    I am NaN
  101. Re:Solution: Offshore all Torrent sites to Asia by Anonymous Coward · · Score: 0

    1: yes
    2,3: not a corporation. a warez group. i.e. a few teenagers and an irc channel.
    4,5: takes some effort, but the whole thing can be done anonymously. the money trail is the trickiest bit... probably best to put notes in the post.

    legally the owner would be the tech in thirdworldistan who was paid to set up a machine with sshd and a net connection then leave it alone.

  102. Re:Another ZDnet Story? by 2008 · · Score: 1

    Blu-ray? Nah. USB hard drives (or ipods), laptops or good old LAN parties... though optical discs are good for posting (I guess you'd call that stampnet?).

    --
    I quit!
  103. Re:I have such a friend... and he'll probably be s by Kamiza+Ikioi · · Score: 2, Informative

    It's a hypothetical statement to make a point, though it is also a statement about a payment option I may opt for in the future if the MPAA continues on their current path. Or, did you not read "almost". Nor did you make the connection, probably obvious to everyone else, about how movie/library records can be used in criminal investigations, and a CC receipt would give your name, whereas cash wouldn't.

    Ever since they made it a federal crime to video tape in theaters, how long before the MPAA starts pushing for a database of movie goers to connect to the IP numbers (and subpoena'd names) they see in P2P programs. They won't sue anymore. If you are caught sharing the same movie you went to go see, well, then, you had to have been the video taper, and thus, you'll go to federal prison. But, why stop there, if you support P2P and don't download movies, I'm sure they can get the Piracy Czar on your ass anyways.

    I don't have a credit card, I have a debit card, which can act as a credit card. Last movie I saw at the theater was Batman Begins. The last DVD I saw was A Walk to Remember (not by choice). The next movie I plan on seeing on DVD is Constantine. My sign is Gemini, and I like long walks on the beach. You asking me out, or you trolling me?

    Public face on Slashdot? This is my public face everywhere on the Internet. I am the Ikioi. This is the same me that is on my personal site I8-D. This is also me, and this, and this, and this. Your slashdot face is the top result on a search for your name, and you have no real info in your profile.

    Let me guess, because you have a low UID and I have a high UID you thought that'd I'd make a good newb target to troll on. Sorry to disappoint you, but my online presence, and recent mod history, is better than your's pal. Try trolling the 900,000's.

    --
    I8-D
  104. Again I must ask this very simple question by SigNick · · Score: 1

    No administrator has provided a reasonable answer to this simple question: Why did those site administrators log all downloads and why were the logs kept for months?

    One site admin said that all downloads were logged to stop hacking. I don't know what WWW server they used but it must have been unbelievably crappy one if simply downloading served files could have caused a security break. Or why else would he have logged all the downloads and kept them for six months?

    Since the site administrators knew that most, if not nearly all material available via their services were not legal to redistribute they must have thought that any log files could be used against their users. Were the logs still made to save their own butts in case they were caught i.e. to rat in order to save their own skin?

    To this date, forums that focus on exchanging P2P links downright admit logging all IP addresses and storing even deleted posts (even if this is not specifically mentioned, by default in most databases and even e-mail programs "deleting" a post or other data simply marks it as hidden, the DB needs to be compacted to truly remove "deleted" data).

    Since linking to copyright material is considered as copyright infringement with the same (and absolutely insane) penalties at least in the USA and Australia, are there any active projects taken to ensure that for example anonymous posting of ed2k links will be possible?

    With the press concentrating more and more on sports, money, scandals affecting at most a couple of people, trifling matters and generally focusing on making more and more money I feel that there must be a secure, anonymous way to share information, even information that the men and women with money don't want to be published.

    --
    Capitalization is the difference between "Helping your uncle jack off a horse" and "Helping your uncle Jack off a horse"
  105. This is one reason I don't pirate music or movies. by doublem · · Score: 1

    Movies, I just wait for the DVD on netflix, or in the case of an import not on netflix, borrow it from a friend who collects that stuff like mad. (I have a few)

    Music? Well, if all goes well, I'll have a gift certificate for iTunes, but other than that I listen mainly to the CDs I already have or podcasts playing "Podsafe" music.

    Ages ago, when I was at Financial Campus, the Network admin had an MP3 server that was constantly downloading music. I ended up hearing some new music that way and buying the CDs.

    I don't really have the time, energy or resources to mess with things like lawsuits, so unless a band makes their music legally available in a way that is convenient for me, I'll never end up buying one of their CDs.

    The last CDs I bought were of performers I either heard on Podcasts, were distributing their music legally, heard through iRate or saw at a house concert.

    I don't listen to the radio, because most of it is crap, and I'm not going to bother with satellite radio. I already have broadband, an audible.com subscription and netflix. If you can't be bothered to make your media available through those channels, you'd better be selling a book, or you won't get any of my discretionary spending.

    Which reminds me, I need to get around to ordering that Platypus Rex CD.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
  106. Pirates steal. Astonishing! by Anonymous Coward · · Score: 0

    sucker!

  107. The Trojan Defense by Anonymous Coward · · Score: 0

    I remember a while back, a man was on trial for having some sort of illegal porn on his computer - either visiting an illegal kiddie site, or downloading some movie or another. Anywho, at his trial, his lawyers crafted what they called the "Trojan Defense". They basically argued that while it may have been his IP address on the log sheets presented as eveidence, there was no evidence that it was actually he who was acting. It could have been a trojan virus for all they knew placing him as the victim.

    In this age of computer insecurity, how difficult is it for a court to convict someone who could have been acting as a proxy?

    1. Re:The Trojan Defense by computational+super · · Score: 1

      In fact, he was acquited.

      --
      Proud neuron in the Slashdot hivemind since 2002.
  108. Re:I have such a friend... and he'll probably be s by hackstraw · · Score: 1


    I know a guy who lived to be over a hundred years old, and until the day he died he smoked cigarettes, drank a 1/5 of liqueur, and drove over 100mph every time he got the chance.

    He died at the age of 103 from an nerve infection that was caused by being hit on his big toe with a horseshoe that hung over his doorway for good luck.

    I don't believe in horseshoes anymore.

  109. The Web by Anonymous Coward · · Score: 0

    Of course, reading anything on the web - even copyrighted material - involves making a new copy.

  110. ok so how do they know? by Anonymous Coward · · Score: 0

    how do they know that what you downloaded was a movie? what is their burden of proof? say you download a file called 'gladiator.mov' that doesnt necessarilly mean you downloaded the Russell Crow gladiator movie does it?

    How do you prove who was sitting at the computer at that specific date and time?

    this just seems really ridiculous.

  111. Hollywood's Goal by DickBreath · · Score: 1

    Hollywood's goal is NOT: to get you to like the movie, nor to entertain you.

    Their goal is to get you to pay to see the movie, even if you hate it. Once you've paid for the ticket, they are no longer interested in you or what you think.

    Now adopt this thinking, widely throughout the organization, and for a long time, even to the point where it affects the creative people, and what do you suppose will eventually happen? Combine with high ticket prices and high confession prices. Combine with emerging alternatives for entertainment. Now what will happen?

    --

    I'll see your senator, and I'll raise you two judges.
  112. Doesn't have to be porn by Anonymous Coward · · Score: 0

    See Michael Crawford's Links to Tens of Thousands of Legal Music Downloads.

    CTS knows Mike, I'm curious why he didn't link to this?

    I'm also wondering when CTS started making sense (he was funnier when he didn't take his meds..;) ...and no, I'm not Mike. CTS can most likely guess my real ID from the "meds" joke tho.

  113. Usenet the Force Luke... by adnausium · · Score: 1

    To MPAA RIAA: "This is not the P2P client you are looking for" *wave of hand*

    --
    Don't ya hate it when the correct spelling of your favorite screen name is taken?
  114. So Where's Pat Robertson On This? by Skeetskeetskeet · · Score: 0

    I'm watching the 700 Club to see if he calls for the assasination of MPAA and RIAA leaders!!!

    --
    Yeah, my karma sucks....but so do the mods.
  115. Squeeze play was Re:Don't give in... by rkhalloran · · Score: 1

    Their strategy, unfortunately, relies on finding people who look like they've downloaded tons of material, threaten them with a six-figure lawsuit that would take a five-figure legal bill to defend, and in the end squeeze them for a few thousand. Lather, rinse, repeat.

    Not bad ROI for a few threatening letters, eh?

    If a bunch of these folks combined forces and resources, they probably *could* get the cases thrown out for shaky evidence, but the studios are relying on that not happening.

    Seems odd: I can timeshift a TV show on my VCR without issues, if I stole the $50 DVD season-pack from the local Big Box Store it'd be a low-grade misdemeanor, but downloading it makes me liable for a five-figure fine? Isn't there some rule about proportionality in the legal system?

    1. Re:Squeeze play was Re:Don't give in... by Feztaa · · Score: 1

      Isn't there some rule about proportionality in the legal system?

      There is! You're simply misunderstanding what it is that's proportional. The fine for violating whatever law is proportional to the value of the bribes of the lobbyists pushing those fines.

  116. stealing money or 'stealing movies' by BadMackTuck · · Score: 1

    Does anyone else remember when LokiTorrent first got 'sued'? They (he, actually) took donations to fight in the name of p2p in court. Somewhere in the order of $30k. I can't find it now, but someone did a little research and found that he had never actually been served... he also never went to court. Now, I know that stealing $30k is illegal. Much less of a gray area surrounds the 'illegal' download of media.

    1. Re:stealing money or 'stealing movies' by Traiklin · · Score: 1

      I remember that, the Donation page also changed every now and then (and I don't mean it increased) one day I checked it about about 10 am, it was at just over $4,000, then I checked it later in the day it was at $3,500. Right there is when I knew something wasn't right. Everyone thought he was really going to help fight the P2P thing but a lot of people got sceptical about it when he started selling his website and then said he was doing it "To see how much it was really worth" that threw up a lot of bullshit flags from a lot of people.

    2. Re:stealing money or 'stealing movies' by BadMackTuck · · Score: 1

      just glad i didnt donate any. i wish i could remember the guys name... oh yeah, it's edward webber

    3. Re:stealing money or 'stealing movies' by Traiklin · · Score: 1

      yeah, everyone was more then happy to cause they figured he was genuine about it. They weren't really fighting to keep piracy alive just to keep the torrents going cause they were a genuine form of distorbution (and they wanted the RIAA and MPAA to lay off everyone and just embrace torrents and offer their own versions). after he took the money and ran everyone wanted his head.

  117. Re:I have such a friend... and he'll probably be s by FragHARD · · Score: 1

    > And that my friend is why I always wear steel toed boots.

    --
    FragHARD or don't frag at all
  118. Random Legal Defenses by Anonymous Coward · · Score: 0

    I always wondered if this would work: After you get sued, you go out and actually buy all the movies you have been accused of stealing.

    Then you claim that you owned them all along. (Lose the receipts.) You explain that you were only downloading the movie files because you wanted to have backups -- and you couldn't figure out how to make backup files on your own. (Aren't DVDs -like- encrypted or something? Say you couldn't figure out how to get around that.)

    Maybe you were planning a road-trip, and didn't want to take a suitcase stuffed with DVDs. You wanted a bunch of movies for your laptop, so you were just downloading movies you actually owned.

    Aren't you innocent until proven guilty? Wouldn't your accusers have to prove that you didn't actually own the DVDs? Maybe you could say that you bought them used from your friend. After you had all these backups, you decided that there was no point to keeping the DVDs or cases, so you just threw them away.

    Maybe you didn't want your girlfriend knowing how much you were spending on movies, and you had nowhere to hide the cases or discs --she's nosey and goes through all your stuff-- so you trashed them. Or maybe you and your friends got really drunk one night and started playing a Shinobi-inspired throwing disc game. (Remember that sweet bonus level where all you do is throw ninja stars?) Anyway, all your DVDs got killed.

    Or, if that wouldn't work, maybe we could all chip-in and buy a huge van packed with DVDs. Then if you get sued, then van goes over to your place and lets you borrow the movies you stole. Then you can take them all into the courtroom and say that they are yours. After the trial, we put the DVDs back into the van for the next unlucky guy.

    Or maybe claim that you buy movies from your friends. For every instance you are accused of illegally downloading a movie, claim that at that time a friend had sold you the movie. Later you sold the movie back to him and erased the corresponding movie file.

    Then we just need a big list of people who own different movies who are all willing to say that they sold (and later bought back) a bunch of random movies to (and from) total strangers.

    Maybe it's kind of like file sharing, only with the physical media.

  119. i got nothing but respect for mike by circletimessquare · · Score: 1

    but he's talking about LEGAL downloads

    i'm talking about downloading black eyed peas and not getting caught

    and i'm sorry, i have no idea who you are, everyone tells me to take my meds ;-P

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  120. mnb Re:Oh goody. by Anonymous Coward · · Score: 0
    I think the reason that is is because all the old guys got popped.It takes a lot of skill to squeeze a 1.5 gig game to 145 meg and make it work.Today you get 19 year olds who run clonecd and think that makes them a hacker.

    No - it is because scene rules evolved as average connection speeds increased.
  121. Re:I have such a friend... and he'll probably be s by Suicyco · · Score: 1

    Your friend should get the DVD quality version of ep3 thats available all over. Its from an actual dvd source from pre-production.

  122. WTF is podcast. by Anonymous Coward · · Score: 0

    Where's the gay lingo to non-retarded speech translator when you need one?

  123. Is a cam job a derivative work? by sparrish · · Score: 1

    Another interesting angle is that most first-run films being distributed illegally are cam jobs shot from within the theater. It stands to reason that the actual file that said person distributes would be significantly altered from the original version (i.e. audience noise, the occasional head or shoulder entering the frame, etc.), and could then be deemed a derivative work. That said, the recorder would certainly be in violation of the copyrighted material that they filmed, but given that the recorder offered the material for free, they would be the only one responsible for the illegal distribution. Now certainly none of this would hold up in court, but I do think it is an interesting concept. If someone takes a camcorder to a movie theater and "shoots a documentary" of their theater experience, that is then unlawful distribution of a film. Hmm. If I were to download, say, a .torrent file stating that it was The Fantastic Four, I have no idea whether the torrent itself is even the real movie, or if it is someone's claymation rendition of the film, or their "moviegoing" documentary, or what? The bottom line is that the film industry is shooting themselves in the foot by charging exorbitantly high prices to go to the theater, not to mention the theater owners' charging $12 for popcorn and 5 bucks for a soda. They are encouraging rebellion. If you pay a couple of actors $6 million dollars each to be in your movie, then pay a fortune for special effects, marketing, etc., you are creating a product with an unreasonable expected ROI. They then tell the theater owners that they have to run the movie for two weeks in order to even get the reels, and they wonder why people are pissed. If you make a good movie and charge a reasonable price to see it, you'll make a lot of money. If you make a movie that may or may not be good, then expect to charge people a fortune to find out, you should expect people to find another way to see it. I'm certainly not advocating copyright infringement, but the movie studios and MPAA shouldn't be labeling people as criminals, and then playing the innocent victim.

  124. Free Advertisements by HTH+NE1 · · Score: 1

    You misunderstand. I'm not talking about advertisements on free content, I'm talking about advertisements as free content. People don't expect to pay for the ads they receive, yet they can still derive entertainment value from them.

    Now one could reasonably say that web-based ads aren't entertaining. There's not much you can do with an animated GIF and Flash ads are used to make them harder to ignore == more annoying.

    But I am also part of that TiVo crowd and I will still watch an ad if it looks like it will be interesting. I'll replay good ads to friends, and sometimes even really bad ones ("You ever think you might have hworms?"). And I capture some to my computer and burn them to disks.

    I expect my advertisements for free, which is why I don't visit adcritic.com since they went to a pay subscription model, pricing themselves for the advertising executive market (because they have to pay for their bandwidth so must charge to recoup their expenses--it was too popular to remain free).

    --
    Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?