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eDonkey Tells Congress It's Throwing in the Towel

An anonymous reader writes "Sam Yagen, President of eDonkey, testified at the Judiciary committee's hearing 'Protecting Copyright and Innovation in a Post-Grokster World'. It was there he told the committee that he is throwing in the towel. 'The Grokster standard requires divining a company's intent, the decision was essentially a call to litigate. This is critical because most startup companies just don't have very much money. Whereas I could have managed to pay for a summary judgment hearing under Betamax, I simply couldn't afford the protracted litigation needed to prove my case in court under Grokster. Without that financial ability, exiting the business was our only option despite my confidence that we never induced infringement and that we would have prevailed under the Grokster standard.'"

392 comments

  1. I never liked forced uploading by geomon · · Score: 1, Offtopic

    If you can shut it down its not true P2P, this is why Gnutella and Gnutella2 are superior.

    --
    "Rocky Rococo, at your cervix!"
    1. Re:I never liked forced uploading by dreamchaser · · Score: 1

      I don't see anything in the story submission that speaks to what is or is not P2P. It just talks to eDonkey's decision.

      Mod parent down offtopic :)

    2. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      I don't see anything in the story submission that speaks to what is or is not offtopic.

      Mod parent down offtopic :)

    3. Re:I never liked forced uploading by Thoughtform · · Score: 0

      It won't get shut down. Most of the servers are run by people not associated with eDonkey and are located in Europe or Asia to boot.

    4. Re:I never liked forced uploading by dreamchaser · · Score: 1

      I know you're being silly, but the topic is clearly stated in the thread title...;-)

      Nice try though.

    5. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      I know you're being silly, but the topic is clearly stated in the thread title...;-)

      DAMN YOU for being so ... reasonable!

      Nice try though.

      Thanks? ;)

    6. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      If you can shut it down its not true P2P, this is why Gnutella and Gnutella2 are superior.

      The story does not in any way suggest or imply that the eDonkey network can be shut down. This is a figment of your imagination.

    7. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      Well, hey, if you don't upload, it's not very P2P either, is it?

    8. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      The story does not in any way suggest or imply that the eDonkey network can be shut down. This is a figment of your imagination.

      Wow! A comment saying essentially the same thing as this post only nearly 20 minutes later. Can someone please mod this dork "Redundant"?

    9. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      A comment saying essentially the same thing as this post only nearly 20 minutes later.

      One says that the story doesn't comment on whether ED2K is a p2p application. The other says that the story doesn't comment on whether the ED2K network will survive. The two comments are barely similar.

    10. Re:I never liked forced uploading by Anonymous Coward · · Score: 0
      Most of the servers ... are located in Europe or Asia to boot.

      Why? Won't they boot on other continents?

    11. Re:I never liked forced uploading by Anonymous Coward · · Score: 0

      Well, not in North America, apparently...

  2. Who uses eDonkey anyway? by DrXym · · Score: 4, Informative

    I thought the open source and decentralized eMule was the tool of choice for the eDonkey network, with Shareaza and other tools following closely behind.

    1. Re:Who uses eDonkey anyway? by grub · · Score: 2


      eMule is the best one on the Donkey network but there's no company for the *AA cartels to sue.

      --
      Trolling is a art,
    2. Re:Who uses eDonkey anyway? by Tackhead · · Score: 4, Funny
      > eMule is the best one on the Donkey network but there's no company for the *AA cartels to sue.

      In other news, eDonkey throws in the towel while testifying in front of eLephant congress.

      Users of both products disgusted; form eMule party, nominate Hari Seldon as Presidential candidate, running on a platform that victory is inevitable.

    3. Re:Who uses eDonkey anyway? by Jugalator · · Score: 4, Informative

      Agreed, or to quote an eMule user having read that client's statistics:

      Upload/Download to/from eDonkey has been less than 5% for years.

      --
      Beware: In C++, your friends can see your privates!
    4. Re:Who uses eDonkey anyway? by DrXym · · Score: 1
      Upload/Download to/from eDonkey has been less than 5% for years.

      I not really familiar with the eDonkey network, was eDonkey packed with spyware? It would explain a lot if it was. I know Kazaa was too which prompted someone to produce a Kazaa Lite with all the spyware, ads, cookies, trackers, affiliate links and everything else ripped out.

    5. Re:Who uses eDonkey anyway? by Anonymous Coward · · Score: 0
      I though the Mule was fighting against Hari Seldon's Foundation...

      Or is it your contention that some deeper game was being played... a second level psychohistory that had to be kept secret from the Foundation...

    6. Re:Who uses eDonkey anyway? by Anonymous Coward · · Score: 0, Interesting

      Go grab "Psychohistorical Crisis" by Donald Kingsbury. Not the catchiest title, but you'll thank me later!

    7. Re:Who uses eDonkey anyway? by Jordy · · Score: 1

      The last time I looked, eDonkey by default no longer connected to the eDonkey2K server network (the centralized network emule connects to). eDonkey has its own p2p protocol similar to emule's KAD, but they are incompatible with eachother. Thus, the only way that emule users would see eDonkey users is if a user manually turned connecting to the eDonkey2K server network back on.

      --
      The world is neither black nor white nor good nor evil, only many shades of CowboyNeal.
    8. Re:Who uses eDonkey anyway? by halivar · · Score: 0, Offtopic

      "Foundation and Earth" seemed to indicate that even the Mule's interference was preplanned from the very beginning by Daneel Something-something (the robot from that series that start with "Caves of Steel"). "Prelude to Foundation" seemed to go further and suggest that Seldon and robo-dude colluded on the whole thing, and that the "inaccuracies" in Seldon's psychohistorical forumlas would be used to advance the real agenda. Whatever it was. I didn't care by that point because I hate needless cross-overs.

      Of course, I like to pretend Asimov never wrote FaE or anything after that, so take everything with a few moles of NaCl (or whatever; I think I flunked chem but I can't remember that semester).

    9. Re:Who uses eDonkey anyway? by bufalo_1973 · · Score: 1

      It's not from Asimov, but 'Foundation's triumph' is a good book (maybe not on par with Asimov's). And something that I like about this book is the chronology that goes from 'I, robot' (Susan Calvin is born, USRMM is created) up to 1054 years after the Foundation. The last date is the best thing of the book (IMHO).

    10. Re:Who uses eDonkey anyway? by Anonymous Coward · · Score: 0

      Yes, very good mods, a book set in Asimov's universe that explores the GP's question is offtopic. That's why I post AC. Cracktards.

    11. Re:Who uses eDonkey anyway? by madprof · · Score: 1

      Not exactly. eMule is just a much much better client than eDonkey.

    12. Re:Who uses eDonkey anyway? by salvorHardin · · Score: 1

      Foundation's Triumph?

      As deceased former mayor of Terminus, I refuse to endorse this publication.

  3. More Proof by Excen · · Score: 4, Insightful

    . . .that the U.S. government will bend over for the highest bidder.

    --
    "No beer until you finish your tequila!" -Leela's Dad
    1. Re:More Proof by werewolf1031 · · Score: 2, Insightful

      Parent got Flamebated just for stating his opinion. WTF. Hey, Jackass Mod who did this, get a farging clue! You don't mod someone down just because you dislike their opinion; if that's the case, then post to the thread with an opposing viewpoint instead of trying to censor a view you don't like.

      Personally, I think parent has a point, if somewhat crudely stated. Many gov't officials here in the U.S. accept "contributions" from large corporations or corporate interests (eg. *AA), and therefore are, in a behind-the-scenes way, obligated to promote the interests of those contributors. That's politics today. It's not right, that's for damn sure, but it is what it is. And as a result we have witch-hunts (hint: that's just my opinion, relax) trying to destroy P2P services, people like Yagen get screwed, etc.

      Instead of trying to sweep the problem under the rug by censoring an opinion you don't like, try debating it openly, or better yet, if you're a U.S. citizen, using your vote.

      Actually, the latter applies to any democratic country with corrupt politicians as well. Consider yourself (mildly) lectured. :)

  4. that why I use eMule by HelloKitty · · Score: 0, Offtopic

    eDonkey wasn't very good anyway. sorry to say. eMule rocks!

    1. Re:that why I use eMule by F_Scentura · · Score: 1

      On that subject, what's to become of the network? Can eMule continue to run without eDonkey?

    2. Re:that why I use eMule by HelloKitty · · Score: 2, Insightful

      Last I checked, eDonkey had adware. eMule is completely free. Because of that, who was using eDonkey anyway?

      p2p programs should be created by groups that love to code them, not by companies. nothing good will come of it (adware, pay per download, etc..) if a company runs the service.

      make it completely peer to peer, free download, and it will be good. any hint of money, no one will use it.

      if there is money involved, it better be a slick service with fast reliable downloads, it better suggest what I might like (and be right about it)...

      pure decentralized free-for-all p2p, like I said, IMHO be free, created by hobbiests not companies....

    3. Re:that why I use eMule by AceCaseOR · · Score: 2, Informative

      IIRC, there are a lot of ed2k servers out there operated by third parties. Those will still be around.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    4. Re:that why I use eMule by HelloKitty · · Score: 1, Insightful

      >> On that subject, what's to become of the network? Can eMule continue to run without eDonkey?

      couldn't eMule create servers and get people to run them?

      Does anyone know the legal of running a eMule/eDonkey server? is it legal, what does it _do_ (store, transmit, etc...), can it be run decentralized at all? how did edonkey run for so long with this server model without being litigated? (I always thought it was a combination of p2p and the server just brings the peers together)...

    5. Re:that why I use eMule by InvalidError · · Score: 4, Interesting

      eDonkey is only a client application, there are plenty of independent eD2k servers out there that will continue to operate without it.

      eMule also has it own kademlia network for distributed content indexing but it requires a server to fetch some clients to bootstrap off of - very much like Gnutella. If you do not mind hunting down a bootstrap IP:Port yourself and entering it manually, then you can use Kad without eD2k servers.

    6. Re:that why I use eMule by Anonymous Coward · · Score: 0

      American democracy is only open to the richest 5% of the world.

      Of course, who would want American Democracy?

    7. Re:that why I use eMule by F_Scentura · · Score: 1

      "can it be run decentralized at all?"

      That's what I wanted to know, I know there are huge 3rd party euro servers but while the Kad network is decentralized, I'm unaware of if the other network will still remain in operation somehow.

    8. Re:that why I use eMule by imsabbel · · Score: 1

      Those "huge servers" have nothing to do with edonkey, and dont even run their software.
      In fact, 90%-95% of the users on those servers dont even use edonkey clients.
      Also, the serverless network in emule is up and running for ages, so even if those servers were forced to be closed, it wouldnt hurt much.

      A typical emule user will notice absolutely no change with edonkey gone...

      --
      HI O WISE PRINCE. WHT TOOK U SO DAM LONG?
    9. Re:that why I use eMule by mpontes · · Score: 3, Funny
      couldn't eMule create servers and get people to run them?

      They already do that... for as long as I use eMule. eMule downloads a server list and connects to servers hosted by indivuduals, mostly. God, do people moderate at random to get rid of those extra mod points?

      --
      Bored? Browse Slashdot with a +6 modifier for Troll comme
    10. Re:that why I use eMule by Anonymous Coward · · Score: 1, Funny
      God, do people moderate at random to get rid of those extra mod points?

      I know this is irrelevant to the discussion, but I believe this is largely the case. I can only speak for myself, but I pick some discussions I have no interest in and thus likely no knowledge about, set the filter at -1, and look at random posts that aren't +5 until I get rid of the mod points.
      Modding in threads where I do have an interest and extensive knowledge isn't happening, because I'm going to post there.
    11. Re:that why I use eMule by FRiC · · Score: 1

      eDonkey's adware is optional, although the install process is a bit tricky. You have to click different buttons to decline the install, so it's very easy to install something by mistake. A lot of people still use eDonkey, or even Overnet, because of the incorrect way the newer versions handle unicode.

  5. Yay!!!! by Spy+der+Mann · · Score: 0, Offtopic

    Finally eDonkey will be freed from leechers and kilometric queues! :D

    Or to rephrase: I couldn't ever download anything from eDonkey so, who cares? I'm glad we got rid of such an awful "service".

    1. Re:Yay!!!! by BishonenAngstMagnet · · Score: 2, Funny

      Wait. One one hand, we're mad because the MPAA/RIAA won. On the other hand, we don't care, because eDonkey sucked... Uh...*explodes*

    2. Re:Yay!!!! by Jugalator · · Score: 1

      Finally eDonkey will be freed from leechers and kilometric queues! :D

      Or to rephrase: I couldn't ever download anything from eDonkey so, who cares? I'm glad we got rid of such an awful "service".


      Oh, I first thought you were referring to eDonkey's lack of credit system, which eMule has. :-)

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

      Are you kidding? I use emule on ED2k and can readily fetch things my friends on lesser p2p networks dont even know exist. The key is patience, i simply think a day ahead of what i want, and in a day, its there. I don't need crack-like instant gratification as some might, so to me edonkey is the best p2p net yet!

    4. Re:Yay!!!! by beefstu01 · · Score: 1

      I'm glad we got rid of such an awful "service"

      I can't comment on the status of eDonkey right now, but I need to say that many years ago (1999-2000ish, back before version 0.5), eDonkey was the best P2P application you could possibly use. It was one of the first (if not the first) to allow you to download from multiple sources. It was amazing, back when gnutella and the like sucked. The community of eDonkey was also second to none back then. If you ever had any problems, you'd just hop onto their forums and you could get some damn fine tech support in minutes. I'm pretty sure things started changing when eD2k started growing to be huge, but back in the beginning, it was the greatest P2P system by far. I'm very sad to see it go.

  6. Welcome by Mark_MF-WN · · Score: 4, Insightful

    Welcome to the capitalist world, where justice is something that you purchase by the hour, not something that you have an inalienable right to.

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

      Watch M$ litigate all other companies out of business.

    2. Re:Welcome by stlhawkeye · · Score: 4, Insightful
      Welcome to the capitalist world, where justice is something that you purchase by the hour, not something that you have an inalienable right to.

      Capitalism is not the enemy of justice here. Capitalism has been bypassed here.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    3. Re:Welcome by Anonymous Coward · · Score: 0

      there is no justice, never has been. The golden rule is as old as mankind and will forever be the rule.

      this is easily related to democracy.

    4. Re:Welcome by m50d · · Score: 0

      Capitalism is what makes the *AA buy laws and judges, under the capitalist system they have to do everything they possibly can to make money.

      --
      I am trolling
    5. Re:Welcome by iocat · · Score: 2, Insightful

      Capitalism is also what brought you all that content you're stealing.

      --

      Dude, I think I can see my house from here.

    6. Re:Welcome by pizzaman100 · · Score: 1

      Yes! We need to go to the old Soviet style gulag. They knew how to deal out justice without capitalism.

    7. Re:Welcome by greg_barton · · Score: 5, Insightful

      Capitalism has been bypassed here.

      Precisely. This is a wonderful example of the right wing using activist courts to promote their economic adjenda.

    8. Re:Welcome by Anonymous Coward · · Score: 0
      While you are right about the law being purchased, you are dead wrong about the meaning of capitalism.

      Capitalism is founded on the principle of voluntary association. A society where the law may be purchased -- where the principle of voluntary association may be arbitrarily overruled -- cannot possibly be considered capitalist. You might as well claim that conscription is a form of freedom.

      No, what we have in the US is not capitalism. Bastardized capitalism, perhaps, or corrupt capitalism, but capitalism in the true meaning of the word? Not even close. A better word to describe what you're getting at is corporatism.

      Don't worry, you aren't the first, or even the first millionth, person to misunderstand the definition of capitalism.

    9. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      Capitalism is not the enemy of justice here. Capitalism has been bypassed here.

      Capitalism, when unregulated, leads to consolidation of money into fewer and fewer hands. Have you ever heard the phrase, "it takes money to make money" used? It is more or less true. It is the person who finances a company or idea (who has the money to do so to start with) that makes most of the money on successful enterprises. Money has always been power. Money has almost always been able to influence governments.

      Capitalism allowed for wealth to gather into relatively few hands in the U.S., starting from a much more level playing field than ever before. People could go out and claim a chunk of land, and make something of it. Now the land (like most other wealth) is owned disproportionately by the wealth elite and by corporations. Corporations are nothing more than a legal structure (laws passed using the influence of wealth) that protects the owners from responsibility for criminal actions undertaken to make them even more rich. They have also been used as ways to avoid taxes (which those who are not rich have to pay) and to legally bind individuals into doing unethical things in order to make more profit for the shareholders. It is these giant corporate beasts, the product of and nearly ultimate incarnation of capitalism that has consolidated such wealth and influence to make the legal system no longer work for anyone without the same wealth to challenge them. You are seeing capitalism at work, to stifle progress. We're only about 50-100 years away from the point where the poor rise up, kill the rich, and wealth gets redistributed somehow, and it is not going to be pretty, unless something changes.

    10. Re:Welcome by iminplaya · · Score: 1

      But...the $64,000 question is...Who's doing the stealing???

      --
      What?
    11. Re:Welcome by IdleTime · · Score: 1

      You mean "Welcome to USA, the country where corporations have more protection than the citizens"

      This is just another example of the corrupt legal and political system we have in this country. It's on par with any 3rd world country and it's a disgrace!

      --
      If you mod me down, I *will* introduce you to my sister!
    12. Re:Welcome by gigoguy · · Score: 1

      Organized crime's major mistake is the use of physical intimidation to collect protection money from small business. Larger corporate interests are much smarter - lawyers are just as scary, and by profession know how to operate within the bounds of the legal system. "Pay us your monthly dues *cough* sorry, licensing fees *cough* or we won't be able to stop Bruno and his friends here from getting angry and messing up your shop! Get it?"
      Litigation>baseball bats

    13. Re:Welcome by Oligonicella · · Score: 4, Funny

      Whoever modded this insightful missed the joke.

    14. Re:Welcome by m50d · · Score: 2, Insightful

      I'm not stealing anything, and it's hardly like there was no music before capitalism.

      --
      I am trolling
    15. Re:Welcome by greg_barton · · Score: 4, Insightful

      I wasn't joking.

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

      What do you expect, the Bush's supported the nazi's during WWII. What makes you think they are any less facist today?

    17. Re:Welcome by jonbryce · · Score: 1

      I don't agree. Most artists don't do it for the money, they do it for love.

      Art that is done for money is generally crap.

    18. Re:Welcome by hawks5999 · · Score: 1

      Uhhh... yeah. Because Hollywood and record companies are the major contributors to the right wing. I'm sure Republicans feel indebted to MGM for... what? Legally Blonde 2?

    19. Re:Welcome by RWerp · · Score: 0, Flamebait

      You're saying just because you have one less way to download other people's work without paying?

      --
      "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
    20. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 2, Interesting

      Ahh, the wisdom of the anonymous coward making ad hominem attacks. OK, here are the facts, go ahead and tell me which one you dispute. The U.S. is a very capitalist nation. Corporations are the product of capitalism, being for profit legal bodies created by and for capitalists to promote their capitalism. Large corporations change the legal system using large contributions to politicians in exchange for laws favorable to them being created/passed. Corporations use the existing laws to stop smaller companies innovations from being successful, being available, and thus costing them money.

      Care to dispute any of these assertions 'O' font of knowledge? For the record I am neither a socialist, marxist, or capitalist. Maybe you've been sleeping for the last few hundred years and missed the current events. Capitalism stifles innovation and progress regularly. It also encourages it with (often) some measure of reward and by encouraging competition. Now tell me how the RIAA, a capitalist organization to the point of having overstepped U.S. antitrust laws and exceeded even it's lax policies to prevent complete consolidation, is encouraging innovation by bringing lawsuits against the creators of new technology (eDonkey) in order to bankrupt them with legal fees when they are obviously not breaking any laws? Do tell, I'm all ears.

    21. Re:Welcome by NotoriousQ · · Score: 1

      Then you did not get your own joke. Bummer.

      --
      badness 10000
    22. Re:Welcome by Anonymous Coward · · Score: 0

      I'm mostly water.

    23. Re:Welcome by NotoriousQ · · Score: 2, Insightful

      Capitalism vs. socialism is not the debate here. No matter where you look on the planet, the common person is excluded from decision making. People in power are the only ones that make decision. In a capitalist society money gets you power, in a socialist society connections/relations get you power.

      There has never been a time where the wealth got redistributed evenly. There is always corruption.

      In this case, capitalism is not what is causing the stifling, corruption does. If politicians were uninfluencable by money/power, would this happen?

      There is no need to distribute the wealth. Even if the wealth is highly accumulated, it will eventually change hands. What really needs to be stopped are laws sold to the highest bidder. Sadly, I am not aware of any single government on earth where that problem has been solved.

      --
      badness 10000
    24. Re:Welcome by Dobeln · · Score: 1

      Yea, I'd like to dispute this:

      The Evilest, biggest corporation known to Slashdotdom, Microsoft, was barely a blip on the radar 20 years ago. It proceeded to screw over the main corporate giant in the field, IBM, and establish dominance. The second evilest company in Slashdotdom, Dell, well, see above. Capitalism is a whole lot less inflexible than you think - as is stifling innovation. I agree copyright laws need an overhaul, but then again, copyright is a creature of politics and law, not of the market. (Most people who whine about the corporations buying those crooked politicans usually advocate turning power over to... yea, those very crooked politicians instead... sweet...)

    25. Re:Welcome by Anonymous Coward · · Score: 0

      Capitalism stifles innovation and progress regularly.

      No people do this. Individuals use the flawed legal system to gain an unfair advantage. This has noting to do with Capitalism. What you see att work with the RIAA etc is not capitalism, it's almost the exact opposite. It's unions and large cartels stifling capitalism, combined with a legal system that allowes this.

      Capitalism is all about the continued distribution of wealth, from the slow and lazy to quick, inovative and hard working. Anything the prevents this re-distribution goes agains the principals of capitalism.

    26. Re:Welcome by Arker · · Score: 4, Informative

      There is no joke.

      I'm assuming the 'joke' you perceive is the opposition of right-wing and capitalist.

      While it's true that the right-wing sometimes purports to be capitalist, it's debateable whether that's ever been the case. The claim seems to be cyclical, but the right-wing is just as often anti-capitalist, when capitalism is inconvenient for the ancien regime it is considered left-wing. The whole right-left political language goes back to the early days of the French assembly, when the conservative aristocracy sat on the right, and the liberal mercantile class of capitalists on the left, in fact.

      And the right wing party in America today is just as opposed to liberal capitalism as the left wing party, if not more so. Granted they like to claim the word, but watch their actions, not their words.

      No, that was no joke.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    27. Re:Welcome by Arker · · Score: 2, Insightful

      You've got it precisely backwards.

      It's the regulation that protects those who are already rich from competition, and guarantees that they continue to grow richer - not the lack of it.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    28. Re:Welcome by Anonymous Coward · · Score: 0

      Hallowed are the Orii!

    29. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      What you see att work with the RIAA etc is not capitalism, it's almost the exact opposite. It's unions and large cartels stifling capitalism, combined with a legal system that allowes this.

      You don't seem to know what capitalism is. It's simple, capitalism is defined as trade and industry controlled by individuals and not by the state. Imposing laws to stop cartels and unions is not capitalism, it is in fact opposed to capitalism. Of course capitalism does not work by itself which is why pretty much every government on the planet has a regulated capitalism where the government steps in, breaks up monopolies, and restricts and controls some industry and trade with some measure of socialism where the government collects wealth on behalf of the citizens and distributes it for certain purposes (relief of the poor, disaster relief, health care, education, etc.).

      Capitalism is all about the continued distribution of wealth, from the slow and lazy to quick, inovative and hard working. Anything the prevents this re-distribution goes agains the principals of capitalism.

      You are mistaken and need a dictionary.

    30. Re:Welcome by Anonymous Coward · · Score: 0

      sort of -- you'll note both essentially created new markets (mass-market software, mass-market pcs) and only vary vaguely broke into long-established niches in long-established niches. The popular arguments in favor of free-enterprise, largely laissez-faire capitalism were originally written at a time where barriers to entry were by modern standards extremely low; today, the typical new industry is going to be technologically-based and (unless you're doing pure software) have high costs of entry, and that goes much more so if you're not establishing an entirely new niche or industry.

      Consequently, the assumption that, say, an abusive monopoly or -- the more common modern variant -- collusive oligopoly will lose their monopoly or oligopoly to a wily upstart breaks down a bit...it may happen, but it will take quite some time and the incumbents' ability to stamp out such challengers is much higher than, say, Ricardo or Smith would have ever thought.

      It's in this sense that capitalism in its current form stifles innovation: high barriers to entry together with semi-collusive practice means many good ideas or potential competitors do not make it to market, ergo we have a market failure brining lack of innovation.

    31. Re:Welcome by David+Rolfe · · Score: 5, Insightful
      Squashing the commons is in the Intellectual Monopoly industry's best interests. This is is an example of the government being pro-business, but not an example of the government being PRO-CAPITALIST. That's why:

      "Capitalism has been bypassed here.

      Precisely. This is a wonderful example of the right wing using activist courts to promote their economic adjenda."


      ...is just so correct. It's not a joke. are you missing the big picture? Promoting the cartels is not capitalism. Anyone promoting the runaway expression-monopoly industry is promoting an agenda that is Corporatist but not Capitalist. I'll believe our current crop of Republicans are serious about capitalism the day they pass a bill (and attendant treaty re-writes) to push U.S. copyrights back to 14-years plus fee-based extension. It wouldn't hurt to see the corporate-welfare tax-holes legislated out either.

      I don't see how any capitalist or libertarian could be in favor of State-Granted lifetime Monopolies. It boggles the mind. State-Granted Monopolies! Wedding the Corporate to the State, the Military-Industrial complex. It reeks of anything but capitalism (and not to poison this post, it does reek of fascism).

      So in closing, where's the joke?

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    32. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 4, Insightful

      The Evilest, biggest corporation known to Slashdotdom, Microsoft, was barely a blip on the radar 20 years ago.

      First, this is the really real world. Second MS is still a relatively small corporation compared to the really big ones. Third, MS is owned by shareholders. How many MS shareholders were not rich before they invested in MS? Last time I looked at the figures something like 400 people in the top 1% of the wealthiest people in the U.S. were not born with a parent in the top 1%. Of those, none of them did not have parents in the top 5%. The U.S. still has more upward mobility than most of the world and the vast majority of the wealth in this country is owned by a small minority. Real upward mobility, is just a pipe dream. the top .5% controls about 25% of the wealth. The top 5% controls well over 50% of the wealth. Those numbers are increasing, not decreasing every year. The bottom 80%, that is 8 out of every 10 people are left to split less than 20% of the wealth. If you total up all the wealth owned by the bottom 40% of the households in the country you get a net total of nothing. Thats right, nothing, almost half the people are maybe a little bit ahead, or a little bit in debt but as a whole are completely broke. All this is from census data as compiled by Berkley University.

      It's time to wake up and realize that the U.S. is not a land of opportunity for the vast majority of people and the poor are constantly getting poorer. The middle class is steadily disappearing. The people running the corporations and who own most of the shares in them are wealthy and were born that way. Pretty much all of our politicians are wealthy and were born that way. The legal system, political system, and economic system is all heavily weighted against the poor. If you are not aware of that, then you have been living with your head in the sand. In a capitalist economy wealth consolidates, until there are a few very rich people and a lot of very poor people. Every respectable economic model shows that. We need some serious reform if we want to change that. That means electoral reform, economic reform, inheritance reform, and some serious government changes. The government is supposed to be for the people, but it really isn't much anymore. Every 4 years you can vote for one rich guy who will screw you over or a different rich guy who will screw you over. Until we fix that, there is no hope for change. The danger, of course, is that when the poor get too poor they revolt and the wealth and power get redistributed, but anyone who thinks we'll end up with a fair democracy from that is a optimist of the highest order. More likely we will end up with war and death and oppression for many years. It is better, in my opinion, to salvage what we can of our existing government, and try to give the people a vote again. I'd like to see mandatory, binding referendums. If I can get 10,000 votes my issue should be on the ballot and voted on directly by the people. This representative democracy is just not working out as it should anymore.

      Capitalism writes laws, because money is power. We need to remake the laws to insure the people have the power, since most of the money is in the hands of a very small minority.

    33. Re:Welcome by Anonymous Coward · · Score: 0

      So, in other words, "I see your ad hominem attack and raise you slippery slope and straw man".

      Nice try.

    34. Re:Welcome by David+Rolfe · · Score: 4, Informative

      The movie and record industry (well their giant corporate overlords, Disney, G.E., News, Sony, Viacom and TimeWarner) are fond funders of the Republican party and their candidates. In a sense you could construe this to mean "Hollywood and records companies are [...] major contributors to the right-wing." Haha you were being sarcastic... but didn't know you were actually basically correct. Maybe it would be more precise if you'd implied "stage-hands, directors, and garage-bands" aren't major contributors to the right-wing. The content-monopoly companies sure as hell are.

      To get you started:
      http://www.opensecrets.org/pacs/expend.asp?strID=C 00197749&Cycle=2004

      You can look up the rest at the same site. Basically, all companies give money to support their vest interests. The expression-monopolizers want more copyright extensions, so they'll support anyone that will give it to them. U.S. car companies want the most profitable vehicles, so they'll make sure they support anyone that won't raise milage standards, etc.

      So - while "they" don't feel indebted to Hollywood for Legally Blonde, they might feel indebted to them for their favorable contributions. http://www.opensecrets.org/pacs/category.asp?txt=C 2400&cycle=2004

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    35. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 1

      Umm, due to your definitive logical fallacy, failure to elucidate, your argument fails. You don't specify what you are referencing in my above post, thus your argument, if it even is one, is incomprehensible. Nice try yourself.

    36. Re:Welcome by Anonymous Coward · · Score: 0

      Nice response.

    37. Re:Welcome by bmetzler · · Score: 0
      You mean "Welcome to USA, the country where corporations have more protection than the citizens"

      Obviously, the eDonkey corporation didn't have more protection then the citizens.

      -Brent
    38. Re:Welcome by poopdeville · · Score: 1

      I'm sure the joke he sensed was with reference to activist judges, with whom the Republicans attempt to slander the Democrats.

      --
      After all, I am strangely colored.
    39. Re:Welcome by j-turkey · · Score: 1
      Your commends appear misinformed and seem politically charged.
      Corporations are nothing more than a legal structure (laws passed using the influence of wealth) that protects the owners from responsibility for criminal actions undertaken to make them even more rich.

      I'm sure that you've heard heard of The Sarbanes-Oxley Act? If not, please read up on it. Among other things, it makes senior executives criminally accountable for the actions of their company. However, I agree that the idea of a corporation does limit liability to the stockholders, but I think that I may have a contrary position to yours in that this is actually a good thing. If I buy stock in some publicly traded company, why should I be criminally and financially liable for what they do beyond financial risk of the value of the stock certificate itself? This is much of the basis for our stockmarket. Check this link out for more information. Without these protections, I (or any other American) would have a difficult time investing in any companies.

      They have also been used as ways to avoid taxes (which those who are not rich have to pay) and to legally bind individuals into doing unethical things in order to make more profit for the shareholders.

      As far as the rich not paying taxes, I find it to largely be a mistruth. The wealthy pay higher taxes as a percentage, and their total taxes paid are higher than anyone else. I know that you assume that wealthy folk are able to write everything off, but high salary individuals are subject to the AMT, or Alternative Minimum Tax. If you're complaining about companies being able to write off past losses against future earnings, this is in place in order to allow both startup companies to get off of the ground and struggling companies to recover and reorganize. Outside of this, who do you think really pays corporate tax? The company? This idea is laughable, since any smart business will pass the cost of their taxes onto the consumer. Maybe you're upset that individuals are allowed to pay themselves in company stock and defer it by waiting for the capital gains period to end. Anyway, I digress -- perhaps I'm misunderstanding you, and I can spend all day speculating on what you mean. What, specifically, are you upset about? Tell me what you mean.

      I have to say, however, that I'm not sure that I agree with any of your points. As a person without extravagent income, I'm not about to rise up and take over the country, and remain unconvinced that the rich are eating my lunch. Further, I don't want the government running all industries which require large infrastructure -- which you seem to allude to, since without private investment, I'm at a loss for ideas on how private individuals and businesses can possibly raise capital to start or grow large businesses.

      --

      -Turkey

    40. Re:Welcome by Just+Another+Poster · · Score: 1
      Now the land (like most other wealth) is owned disproportionately by the wealth elite and by corporations.

      You must be counting well over half the population of the US as "the wealth elite".

      We're only about 50-100 years away from the point where the poor rise up, kill the rich, and wealth gets redistributed somehow, and it is not going to be pretty, unless something changes.

      Commies have been saying this for over 100 years now.

      It's even less likely now than it was then.

    41. Re:Welcome by doubledoh · · Score: 1
      Capitalism is what makes the *AA buy laws and judges, under the capitalist system they have to do everything they possibly can to make money.

      Wrong. Capitalists are adamantly against monopolies created by government force. True capitalism doesn't allow government law to inferfere in the marketplace (like the government does when "protecting" the RIAA/MPAA or any other subsidized/lobbied industry).

      Real capitalists fight in the marketplace, not in the courts.

      --
      I think, therefore I doh.
    42. Re:Welcome by Arker · · Score: 1

      I'm sure the joke he sensed was with reference to activist judges, with whom the Republicans attempt to slander the Democrats.

      If so it's no more of a joke. It's quite the same situation, in fact. All of our politically appointed judges are 'activist' because both the Democrats and the Republicans would never consider nominating anyone that wasn't. They just want judges that are activist towards different ends. The Republicans are probably the more deceptive about it, though, loudly proclaiming their dislike of activist judges and talking about 'strict constructivism' and the like, but only in the contexts where it favours their policies. Where constructivism puts up roadblocks to Republican activism they won't tolerate it. Just look at the medical marijuana situation, for instance - where do those 'states rights' advocates on the Republican side suddenly disappear to when that's the issue?

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    43. Re:Welcome by meta-monkey · · Score: 1

      Your discussion of wealth is a little off here. First, the idea that "X% of the wealth is controlled by Y% of the people" is misleading.
      Who are these people who own all this wealth? They're called "mom and dad." The 30% of people who control 50% of the wealth or whatever are the people who, after 40 years of working, have paid off their homes, their cars, have a nice little IRA, etc. When you're 25 and just out of college, of course you have no wealth. You probably have student loans, a car loan, and in a few years you'll be $180k in the hole for your house, too. So, you're an engineer making $60k/year with benefits to start...and you're in that bottom 50% that has no wealth at all. But does that mean you'll stay there? Of course not. After you've worked for forty years and built some wealth, you'll be one of the evil rich, reviled by college students on Slashdot.

      Second, who cares who has how much wealth? There is not a finite amount of wealth in the world. You can always create more. It's not some kind of fixed pie, where if you gain wealth, someone else loses it. Wealth is created and destroyed all the time. You don't believe there's the exact same amount of wealth in this world today than there was 100 years ago, do you? Of course not. Every time we create something, we create wealth. Every time we destroy something, we destroy wealth. When a farmer turns seed into wheat, he created more wealth than he had before. When the baker makes it into bread, he creates wealth. When the sandwich shop combines it with meat and cheese, he creates wealth, and when I eat the sandwich, I destroy it.

      Finally, when people talk about capitalism on slashdot, they seem to be fixated on the huge mega corps, and the extremely wealthy. Who cares about these people? Look around your own town, and try to spot the wealthy. Look at all the businesses...they're owned by somebody. If they run those businesses well, they'll be wealthy. I started a small business three years ago, and I'm doing quite well. I'll never be a billionaire, but I don't care. I'll be quite happy to live in one of the really nice houses in town. If you want to live in one of those houses, too, it's not that hard. For instance, I know a guy who owns five Subway franchises. He lives in a very nice house. It took him a loan of about $70k to start up the first one. After it took off he bought another, and then another. How hard is that? A monkey can get a loan for $70k. How hard is it to run a Subway? Ever met a Subway manager? It ain't rocket science.

      Next time you want to rail against "the rich," just take a drive through the nice part of town. Those are the people who used our capitalist economy to achieve upward mobility. Want to know what evil thing they did to achieve it? Take a ride down main street. They're the people who took out a loan to open up shop, provide jobs to the people in your community, and provide you with goods and services. How horrible of them. Get over your envy and make your own wealth. You don't have to be Bill Gates or Michael Dell to be successful.

      --
      We don't have a state-run media we have a media-run state.
    44. Re:Welcome by Derling+Whirvish · · Score: 1
      It's time to wake up and realize that the U.S. is not a land of opportunity for the vast majority of people and the poor are constantly getting poorer.

      Nonsense. Over a million people a year cross over from Mexico and it shows no sign of slowing down. There are waiting lists in EVERY country in the world (excepting where prohibited like N. Korea or Nepal) to get in on the green card lottery conducted every year. We have to have a lottery there are so many wanting in. And there are waiting lists to get in the lottery! So many want in that they just bypass the legal system altogether and risk their lives in the Arizona desert just to have an opportunity to work off the books for less than minimum wage!

      You have no idea what conditions are like in the rest of the world. There's even a waiting list for U.S. green cards in more advanced countries like the UK, Germany, Canada, and France.

      It's not that our poor are getting poorer, it's that as they move up the ladder, even poorer people from even worse off countries move in to take their places. My neighbor is an illegal from Mexico who owns his own pool cleaning company. He moved here four years ago. He now makes more money per year than I do.

    45. Re:Welcome by doubledoh · · Score: 2, Insightful
      I don't see how any capitalist or libertarian could be in favor of State-Granted lifetime Monopolies. It boggles the mind. State-Granted Monopolies! Wedding the Corporate to the State, the Military-Industrial complex. It reeks of anything but capitalism (and not to poison this post, it does reek of fascism).

      Exactly. Most Libertarians (like myself) are adamantly against any state intervention. The argument amougst libertarians on the subject whether IP monopolies (copyrights & patents) should be protected (if at all). I have personally done some research on what the effects of absolutely NO state-granted IP monoplies would be. Surprisingly, I have found that one could seriously argue that ALL IP law is harmful to society, NOT helpful. Yes, there would be drastic changes to profit models, but once those changes were assimilated, additional benefits could be had and we would actually see much faster innovation in the marketplace. There would be less superflous and wasteful research and development--and corporate fat would be cut because there wouldn't be alot of room for it in the fast paced market. In short, companies that could normally *buy* a monopoly from the government, would now actually have to work for their money on a consistant basis. As a capitalist and business owner myself, I don't have a problem with this. I'm pretty sure the average consumer wouldn't have a problem either. Companies would truly have to compete in the marketplace over quality and execution of service, not over who can file patents the fastest, or who has the most expensive lawyers.

      Anyway, as soon as I finish my research I'll post an article somewhere and let the slashdot crowd have at it.

      --
      I think, therefore I doh.
    46. Re:Welcome by einhverfr · · Score: 2, Interesting

      It reeks of anything but capitalism (and not to poison this post, it does reek of fascism).


      Not to invoke Godwin's Law here, but this last phrase is very important and right on. I think it was Harry Truman who defended antitrust law because he said that corporate monopolies could become stronger than the federal government and pose a clear danger to American Democracy. He also used the term 'fascism' to describe the result of corporate monopolies.

      --

      LedgerSMB: Open source Accounting/ERP
    47. Re:Welcome by aeoo · · Score: 1

      Amen.

    48. Re:Welcome by Nefarious+Wheel · · Score: 2, Funny
      I don't see how any capitalist or libertarian could be in favor of State-Granted lifetime Monopolies. It boggles the mind. State-Granted Monopolies! Wedding the Corporate to the State, the Military-Industrial complex. It reeks of anything but capitalism (and not to poison this post, it does reek of fascism

      Precisely, and I agree.

      But it's also unconstitutional; since it's clear the U.S. government worships money, this is a clear violation of the principle of separation of church and state.

      --
      Do not mock my vision of impractical footwear
    49. Re:Welcome by Anonymous Coward · · Score: 0

      Exactly right. If there were no regulations (or government incentives, grants, etc.), there would be no economic advantage to being in bed with the government, since they wouldn't be able to help you out.

    50. Re:Welcome by TuringTest · · Score: 1

      I have found that one could seriously argue that ALL IP law is harmful to society, NOT helpful.

      Something that I've never understood is how do (internet-era) libertarians differentiate from Intellectual Property and all other kinds of property? I find that both have the same theoretical fundations. So should we made a different treatment just because of the undesired output of defending IP? If that is the case, shouldn't we also differentiate when other kinds of property have undesired results?

      --
      Singularity: a belief in the "God" idea with the "demiurge" relation inverted.
    51. Re:Welcome by doubledoh · · Score: 1
      I can see your point, and believe me, I have struggled with these questions myself. Indeed I'm still struggling. But the merits of eliminating state-sponsered IP protection are not limited to the curbing of all the negatives associated with enforcement. The benefits *could* extend to the fundamental ways businesses market products (and produce them). But that's not really the point. I think the ideology of truly seperating state from the market is more important despite the innitial pitfalls IP holders will discover as they adjust to the ultra-competitive marketplace. I think anyone wishing to maintain their intellectual "property" should be responsible themselves for their own protection schemes (ie, DRM systems). Let the market, not a few politicians, decide whether DRM schemes will work. If they don't work, let the corporations sweat, not consumers. The granting of copyright and patent monopolies is an *idea* which I think we should re-examine as being truly beneficial to society. Too many of us take it for granted that the state HAS to protect IP, but why should our tax dollars be devoted to protecting ideas? We don't send tax money off so the govt can distribute it to all the merchants of the world so that they can buy expensive locks and security systems and security gaurds etc. It is the merchants responsibility to secure their own goods, just as it should be the IP holders responsibility to protect their ideas (if they wish to). The same goes for patents. If a company is truly interested in protecting their patentable ideas, they need to be more secretive rather than saying "I thought of this broad concept first, now NO ONE can use it or improve upon its broad foundation." Allowing companies to patent IDEAS is just stupid because my tax money and my freedom is wasted in the process (court costs, limits to my freedom, etc). Let companies market their superior quality or superior service or their ability to come up with good ideas first and often...but do NOT allow companies to tie up the courts over IDEAS! If companies have to innovate faster and more ingeniously in order stay ahead of the competition that just *copies* them, then we can really only benefit. Some people will buy the cheap immitations for sure, but many will gladly pay a bit more for the company that consistantly produces new products with higher quality and better service/reputation. The bottom line is, companies will no longer be able to coast on their past success, they will have to continually succeed to stay ahead...and that is a GOOD thing.

      As stated, I haven't given it as much consideration as it deserves, but in light of the ever-expanding difficulty of protecting copyrights and the absurdy of today's patents, I think at the very least, exporling a whole new paradigm is in order.

      --
      I think, therefore I doh.
    52. Re:Welcome by floodo1 · · Score: 0

      actually corporations where created as public trusts initially. the first corporations where made to do things like build bridges and such. furthermore they had limited terms. and orginally corporations did not have the rights of a person.

      doesnt sound like "legal bodies created by and for capitalists to promote their capitalism".
      check out some history of corporations!

      other than that you're pretty much right tho!

      --
      I KUT J00 M4NG!!!
    53. Re:Welcome by mikedilger · · Score: 1
      I wholeheartedly agree with your assessment of corporations. Corporations and trusts (especially trusts) are shameful devices allowing criminals to (1) avoid liability and protect assets from fair and just criminal procedings, (2) obfuscate responsibility for actions (is the leader responsible, or the actor him/herself?).

      BTW, problem number (2), obfuscating responsibility, is inherent in ALL organizations, corporate or otherwise, and especially in the acts of a government: Is the soldier responsible for killing the Iraqi? Maybe it's Donald Rumsfeld's responsibility. Maybe it's yours(!) you tax-paying American murderer! After all, you hired Donald Rumsfeld with your tax dollars... so YOU are the "shareholder", you are the rich owner, behind the scenes, obfuscating your actions behind the veil of liability that you call "government".

      I don't see much difference between government and corporations. Both are just as evil.

      As for capitalism leading to the consolidation of money, I disagree, and I must remind everyone of something. Every trade within capitalism is voluntary on both sides. Every poor person has the option of choosing amongst a large number of opportunities, or foregoing them all. How can opportunity itself be bad? It cannot be. If a potential choice is bad, one always can forego that choice. How can other people's making of money ("it takes money to make money") affect this poor person's estate? It cannot, unless the poor person allows it to by making bad choices. Any smart poor person will only make trades when it benefits him/her... and the actions of other "rich people" do not take away or impinge upon this poor person's ability to get rich, even in the slightest.

      The only exceptions I can think of are (1) laws that restrict freedom, and (2) devaluation of money by allowing banks to loan out money that doesn't exist. These are the things that can and do hurt the poor in society. If you can agree about this point, then your movement to change the world for the better can have a very powerful ally.. old-school republicans and libertarians.

      Capitalism is inherent in humanity prior to any notions of money, banks, or government institutions. The concept of ownership is an instinctive, innate property of humans, that we in fact share with dogs, monkeys, bears, and many species of fish, who are also territorial like we are. Money is an emergent property of trade.

      Prior to money, people came to the marketplace to trade. Growing only coffee means you have nothing to eat... you need to trade some of your coffee for food. But what if the guy with food doesn't need coffee, but instead needs clay pots? Now you have to trade away coffee for clay pots, and then trade the clay pots for the food. What happens eventually is that people learn to use a medium of exchange, something that sells very well, e.g. salt or silver or gold, in order to get what they want more directly. Once a threshold of people choose the same medium of exchange, that medium becomes even more so a good medium of exchange, and rises to it's position as money.

      Because of this, capitalism (the joint concepts of private property including capital property, and of money for free trade) is not something that humanity can just shrug off, in e.g. becoming a new world order of socialists... it is instinctive, and solidly so. Any real solutions to the problems of America (corrupt power, injustice, etc), need to take all aspects of humanity into account.

      Sadly for us libertarians, that also means we need to accept that the powerful (silly) notions of authority and collectiveness that everyone else has are not going away anytime soon, and that our elegant solutions are generally inapplicable to broad society.

      Given the notions of property and of money, it's undeniable that some people will be richer, and some will be poorer. Some work harder, some are lazy (me, for instance). Some work smarter. Some are

    54. Re:Welcome by Anonymous Coward · · Score: 0

      Well, really, what did you expect? The majority of posters here are educated in the United States. Educated here they never learn the meaning of communism past that vague concept of some guy with a beard (Karl Marx? whoever...) and the former USSR, they wouldn't know socialism except it's a bad word that can often be used to conjure up mental images of China, and their only concept of fascism is a label you can slap on something you don't like and, if you're lucky, Mussolini. Capitalism, to these idiots, is a synonym for democracy. That's not democracy as it truly is but rather democracy as you hear GW Bush and other politicians use the term. ie. Democracy is (somehow) the guarantee of freedom, justice, and inalienable rights for everyone (well, at least for the rich folk).

      Even attempting to talk about true politics with 99+% of the population in the US is an exercise in clapping with one hand.

      The next time you get into a discussion with someone and they start throwing around words like neocon (are there neolibs yet?), communist, socialist, fascist, democracy, capitalist, etc. try asking them to define any of those terms. The best I've ever gotten was "Why do you suddenly want to debate definitions so much?". This from the same fellow who, when I asked him what it meant to him to be a Democrat, replied,"I'm not going to try to define my philosophy just for this discussion."

      You'll find that most people in the US, probably the world, are completely vacuous when it comes to knowing what they're talking about in the political arena.

    55. Re:Welcome by SilverspurG · · Score: 1
      Capitalism, when unregulated, leads to consolidation of money into fewer and fewer hands
      Complete and utter conjecture.
      Capitalism allowed for wealth to gather into relatively few hands in the U.S., starting from a much more level playing field than ever before
      Only through government contracts and government protection were the wealthy able to continually swindle the poor.

      There is no capitalism in a system of massive government regulation. Some day maybe you'll realize that. I'm sick and tired of listening to you ignorants preach against capitalism when we haven't had a system even close to capitalism since the early 1800s.
      --
      fast as fast can be. you'll never catch me.
    56. Re:Welcome by David+Rolfe · · Score: 1

      Something that I've never understood is how do (internet-era) libertarians differentiate from Intellectual Property and all other kinds of property? I find that both have the same theoretical fundations. [sic]

      In a contrast to Doubleoh's long response, I can just say this: "Intellectual Property" is not property. Things that are property are things that can be possessed, like your own person, your own labor, what you can wear, carry, sit on. Some libertarians even have philosophical misgivings about land-ownership (as in, what gives someone the sovereignty over a piece of ground that was there long before them and long after them, and is in no way 'theirs' anymore than they can muster violence to hold it). Expression-monopolies are relatively new anthropologically speaking (just a fact, not an appeal to antiquity/novelty fallacy). We already have (and have had for ages) legal, ethical and cultural structures to deal with contracts (trust) and plagiarism (fraud), why then do we need the additional State intervention? Well there's at least one good reason, and it's spelled out in our Constitution: "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". As long as limited-time expression-monopolies are fulfilling their mission -- promoting science and the useful arts -- I'm their biggest fan. Still, calling it Intellectual (arguably) Property (it's not) only belies its true nature: State-granted Monopoly.

      Slashbots would be irate if Microsoft was given an indefinite State-granted monopoly on boxed computer software (Real Property), so why should you feel different about expression?

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    57. Re:Welcome by Anonymous Coward · · Score: 0

      "Fascism should more appropriately be called corporatism, as it is a merge of state and corporate power."

      --Giovanni Gentile, the 'Philosopher of Fascism' under Benito Mussolini

    58. Re:Welcome by SilverspurG · · Score: 1
      As long as limited-time expression-monopolies are fulfilling their mission -- promoting science and the useful arts
      It's really too bad that you've missed the second part of the Constitutional statement concerning the mode of implementation: "by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries".

      Funny. I don't see anything in our laws securing anything to authors and inventors. Last I checked, the laws did little more than make it easier and easier to strongarm the authors and inventors into signing rights away. "You want to keep your job? Give up the IP. Sign the line." Shouldn't that be unConstitutional? Isn't the stated goal to secure the right to the author or inventor? Last I checked securing something to someone involved making it more difficult to take away.
      --
      fast as fast can be. you'll never catch me.
    59. Re:Welcome by Anonymous Coward · · Score: 0

      You can look up the rest at the same site.

      I did. Overall, Big Media favors Democrats over Republicans by about 2:1.

      http://www.opensecrets.org/industries/indus.asp?In d=B02

      Not that this is a bad thing. After the soft money ban went into effect, most of these donations are from individuals. Individuals should be free to support political candidates as they choose.

    60. Re:Welcome by dryeo · · Score: 1

      You have to remember that the main corporate giant (IBM) had just gone thru its anti-trust suit and were on their best behaviour. So partly the success of MS, Dell, etc is a direct result of the government acting against IBM.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    61. Re:Welcome by IdleTime · · Score: 1

      When talking about corporations in this context I mean companies with humongous legal departments and enough money to pursue a lawsuite from here to hell. It's obvious that eDonkey do not fit into that category, but film and music industry does.

      Don't be blinded by the fact that eDonkey is/was a company, it was a miniscule operation with little or no income, perfectly comparable with you and me in this case. So, yes, my claim still stands.

      --
      If you mod me down, I *will* introduce you to my sister!
    62. Re:Welcome by Scudsucker · · Score: 1

      Commies have been saying this for over 100 years now.

      You forgetting they actually did that? Along with a whole lot of other countries?

    63. Re:Welcome by Scudsucker · · Score: 1

      It's the regulation that protects those who are already rich from competition, and guarantees that they continue to grow richer - not the lack of it.

      In some cases yes - like your local utilities - but in other cases that's nonsense. Was there more or less competition in the telecom industry before the AT&T monopoly was broken up? How about the FCC's limits on media ownership?

      The only thing worse than overregulation is no regulation.

    64. Re:Welcome by Scudsucker · · Score: 1

      Your entire argument revolves around the idea that because other people have it worse and want to move here, nothing is wrong here. That is what is "nonsense".

    65. Re:Welcome by Scudsucker · · Score: 1

      The 30% of people who control 50% of the wealth or whatever are the people who, after 40 years of working, have paid off their homes, their cars, have a nice little IRA, etc.

      Um, no. Those people would be what is known as the middle class. The middle class does not control 50% of the wealth. Check out the nice L graph to see how wealth and income are really distributed.

      Next time you want to rail against "the rich," just take a drive through the nice part of town. Those are the people who used our capitalist economy to achieve upward mobility. Want to know what evil thing they did to achieve it? Take a ride down main street. They're the people who took out a loan to open up shop, provide jobs to the people in your community, and provide you with goods and services.

      Okay, now drive in the rich part of town. The vast majority of these people never had to work for their money, they inherited it from their parents. Go look at the graph.

    66. Re:Welcome by David+Rolfe · · Score: 1

      It's really too bad that you've missed the second part of the Constitutional statement concerning the mode of implementation: "by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries".

      Yes, I agree the that the full text of the commerce clause is relevant to the over-all debate. I was only trying to address my gripe with indefinite terms (readings of limited as "forever minus one year" make my blood boil).

      Anyway, I further agree with your sentiment (I think) that the powers granted to congress by the commerce clause aren't really being used to to create laws that follow its intent. That is, the authors and inventors may be getting screwed by the copyright cartels. However, that is not unconstitutional, and it might not even be illegal as the laws stand. First, copyright is not an inalienable or natural right, that's why we need special clauses for it in the first place. Second, in a fine country like ours, governed by the Rule of Law, we can make honest agreements backed by the weight of that law. If I sign a contract, that is my business. If I sign a contract to give up my monopoly to someone else, that is also my business (it may be bad business to do so).

      There are already laws against coercion. They should be brought to bear.

      In short, I see no reason that entering a contract is unconstitutional. I think a stickier related question would be something like "what if I invented another form of sentient life?" If this creation in-fact has inalienable rights, do I have the authority to hold monopoly over its procreation (for limited times)?

      What would really interest me would be a case before the court that challenged a copyright law on the grounds that it didn't promote science and the useful arts. I mean, even though it looks like inventors and authors are getting screwed in the current climate, they aren't really in the grand-scheme. These words are copyrighted; as their author I have life-plus-seventy to control them as I see fit. Like anyone else, any of my utterances or scribbles are completely mine (unless I give them away in a contract, or license them in someway). Now, is the law that gave me this power promoting science and the useful arts? Is it securing these rights for any reasonable definition of limited times?

      (Sorry for the small rant. Cheers.)

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    67. Re:Welcome by Scudsucker · · Score: 1

      It's time to wake up and realize that the U.S. is not a land of opportunity for the vast majority of people and the poor are constantly getting poorer. The middle class is steadily disappearing. The people running the corporations and who own most of the shares in them are wealthy and were born that way.

      I have a theory: the Great Depression forced a reboot of wealth in this country. The wealthy had most of their money tied up in banks or investments, the same as today. So when banks went bust and stock holdings became worthless, everyone started off on a much more equal foot when the economy got going again. This is why the average CEO made 40 times more than the average worker, for a while.

      But now money has had several decades to accumulate up to the top again, and now the average CEO makes 500 times what the average worker makes. A couple of things have changed though: during the Depression, much of the population in this country lived on family farms. You might not have any money but at least you were able to feed yourself. Now small family farms are almost extinct. The other thing to change is that much of our manufacturing base has moved overseas. So if we have another reboot - a stock market collapse or a meltdown in the national debt - the middle and lower classes might not come out as well as they did the last time.

    68. Re:Welcome by SilverspurG · · Score: 1
      I did agree with your overall sentiment in the original post. I was only surprised that you didn't devote more space to the inequity of the implementation of the laws since you were so close to it. Cheers.
      If I sign a contract, that is my business. If I sign a contract to give up my monopoly to someone else, that is also my business (it may be bad business to do so)
      In no fair situation would you ever want to sign your rights away to someone else unless they were compensating you quite richly for it. Using employee agreements as an example I have never seen an employee agreement which compensates me richly for the pages and pages of "The Company shall retain all rights to... ... ...". Realistically this means that, in some fashion, the company holds a supreme advantage in negotiating the agreement. Even as early as ancient England there were laws which nullified legal contracts which amounted to little more than legal strongarming. I know that, in the current US, their are laws against forming a contract under duress. There's no question that the courts have whittled "under duress" to be nothing less than a gun muzzle to the forehead. Realistically, though, I think we can all agree that employed vs. unemployed is enough duress to keep the vast majority of us in complacency. From another post, there's the L-curve. I'm pretty much convinced that, as long as you're under the $100k/year income mark, you're at a permanent disadvantage in terms of economic dealings especially in terms of employment.

      I've always said that the whole economic system is rigged.
      In short, I see no reason that entering a contract is unconstitutional
      I agree. But should a dispute over that contract ever make its way to a federal court, the least the Feds can do is say,"Sorry. That's just not in our jurisdiction" and send it back to the state. At best the Feds would say to the companies,"Well, in points 3, 4, and 5 of your contract, you're not really working to secure any rights to the author/inventor. In fact, you're seeking to secure them by default to the company. This isn't in line with the Constitution so we'll have to find in favor of the employee."

      If the courts ever remove their heads from their butts and pass a decision like that, setting a precedent to support the taxpayer over the corporate overlord, I'll probably have a heart attack in surprise.
      What would really interest me would be a case before the court that challenged a copyright law on the grounds that it didn't promote science and the useful arts
      That's a rather ambiguous pursuit. While it might make for interesting court debate to see what attorneys can pull out of their behinds it'll do nothing to get to the actual issue. Just whose interests are we protecting here? The author or inventor, or the corporation to whom the government has given an economic upper hand?
      --
      fast as fast can be. you'll never catch me.
    69. Re:Welcome by SilverspurG · · Score: 1
      I like your post, for the most part, but try the following change in your thought pattern.
      So when banks went bust and stock holdings became worthless, everyone started off on a much more equal foot when the economy got going again.
      The Great Depression was a larger edition of 1999-2001 in that there were people who knew it was going to happen and many of them were working to make it happen because it was profitable for them. The Federal Reserve had been created about 15 years earlier and the economy was growing accustomed to having a centralized authority which could shuffle the values of billions of dollars by moving a quarter point one way or another. After WW-I there were many changes which began in worker compensation and tax reporting. Since the Federal Government was also suddenly in debt to a consolidated group of bankers there were also many politicians who were working with ideas to pay off that debt and keep the bankers accountable to the government.

      But what good feudal lord would ever allow his tenants to escape their debt? There was an enormous balloon in the stock market in the years prior to 1929. I've heard that it was in the aeronautics industry and was a 1920s version of short-selling stock taken to astronomically (aeronautically?) ridiculous levels. I think that the government was hoping that using the tax money from these profits it could win the race condition against the bankers, pay the debt off, and put the government at least (if not the taxpayers themselves) in control. The bankers would have none of it.

      Just like in 1999-2001, there were some people who made themselves enormously wealthy in 1929. Just as in 1999-2001, the majority of us ended up losing enormous amounts of money, as a population, further indenturing us to the system which provides the currency. In 1929 people lost a greater percentage of their monetary assets since bank currency and account balances weren't the same part of their life as they are to us today. However, if they lost everything in their bank accounts, more of them still had land to eke it out on. In 1999, we lost a smaller percentage of our total bank account balances but a much larger percentage of us is hopelessly indentured to the established banking and currency system. So, just like with the debt for two wars and two hurricanes, we'll all shoulder the load to try to pay it off (hahaha. like that will ever happen). And, just as in 1929, those who write the rules will seek to alleviate their portion by passing the savings onto those of us who have no choice but go to work for less than $100k/year.

      The way it looks to me, somewhere around $100k/year is the current magic number. Once you reach $100k/year, the normal costs of daily living get to be a small enough percentage where you can reasonably save, in six months, enough money to be able to seriously negotiate with your employer. Under $50k/year and you're stuck working hopelessly paycheck to paycheck and even a $500 car repair may drain your residual savings. For someone making over $100k/year, a $500 car repair is an inconvenience, but they'll still be saving extra money that month and not cutting back on pizza.
      --
      fast as fast can be. you'll never catch me.
    70. Re:Welcome by David+Rolfe · · Score: 1
      If the courts ever remove their heads from their butts and pass a decision like that, setting a precedent to support the taxpayer over the corporate overlord, I'll probably have a heart attack in surprise.

      LOL. Seriously.

      Me: What would really interest me would be a case before the court that challenged a copyright law on the grounds that it didn't promote science and the useful arts


      SilverspurG: That's a rather ambiguous pursuit. While it might make for interesting court debate to see what attorneys can pull out of their behinds it'll do nothing to get to the actual issue. Just whose interests are we protecting here? The author or inventor, or the corporation to whom the government has given an economic upper hand?


      Well really that's just it. The constitution doesn't say "Corporation's Science and Corporation's useful arts". It says "Science" as in all of it, the entire field. As corporations didn't have a special legal status at the time of framing, their protection can't really be covered in any real debate over intent. It would be troublesome to reach a consensus, but I think there is a possibility that if you could get Science together that its components might agree that current copyright laws are hampering progress, voiding the condition upon which the laws are founded, making them unconstitutional. I think the debate for the "useful Arts" is different. I think enough rich voices might agree that their progress is just the way they like it. Either way, an interesting outcome would be that monopoly law had to be re-written w/rt Science (inventors and patents) and the useful Arts (authors and copyright).

      I basically agree with the rest of your post. The "less privileged" (i.e., middle class) are getting screwed. Middle class inventors and authors are getting screwed. There may be an argument that 'we' are getting coerced. If so, we have remedies for that. I mean the real, unavoidable truth is that people (including me) agree to these employment contracts. (I programmed for the county government. None of that code is mine. It's theirs, I gave it to them the day I agreed to take their money.) If we weren't agreeing to them they would change. There's any number of archived "Ask Slashdot" stories about taking your agreement to a lawyer, red-inking and initialing all the parts you hate, bringing it back signed and still getting the job. This isn't Wal*Mart jobs or what not, but neither are those (for the most part) creative positions.

      Anyhow, yeah the little guy is getting screwed. That's necessary for the power-elite. With out the little guy getting screwed, how's the Social Darwinism supposed to help the rich guys stay on top? (Sorry for the jab from the other thread :-D ).
      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    71. Re:Welcome by Rone · · Score: 1

      ...the poor are constantly getting poorer...

      By what measure?

      Are you claiming that significant numbers of people who used to be able to afford food and shelter can no longer do so? Or, are you merely complaining that not everyone can afford their own iPod and plasma TV yet?

      Details, man, details!

    72. Re:Welcome by SilverspurG · · Score: 1
      I think there is a possibility that if you could get Science together that its components might agree that current copyright laws are hampering progress, voiding the condition upon which the laws are founded
      Most true scientific researchers that I collaborated with in the pharmaceutical industry agree that current IP laws hinder progress. We're not in charge those. The MBAs sitting on the director's boards see things from a completely different viewpoint. Since they make enormous amounts of money they have a much larger influence on the way laws are written. I think the framers recognized that this was an issue, heck, they had seen it in painstaking detail in Britain. They tried to minimize the issue by minimizing the scope of the Federal Government in the 9th and 10th Amendments. One of the very first things that the very first Congress did (thanks to Slashdot's Cpt. Kangarooski for leaking this during a heated debate) was to decide that the 9th and 10th Amendments didn't really apply to them. I've heard this was also the point of contention in the Whiskey Rebellion, and it was certainly the point of contention for the Civil War (which wasn't so much about slavery as the definition of slavery and who has a right to set that definition). Nowadays, you can be employed for a ridiculous slave wage (or even slave salary) but not be protected at all.
      If we weren't agreeing to them they would change
      The system's rigged. That's why things don't change. It's the same old case of distracting the farmer to steal the chickens. We spend so much of our time paying taxes to feed the unConstitutional pork that we have no time or money to spend working for reform. I keep a small spreadsheet of the taxes which I can find in my expenditures and it's currently 67%. Granted I'm estimating for the tax cost which is passed to me by the shipping companies which bring groceries to my grocery store. They don't pay those taxes. At the end of the day, when I buy a bag of Tostitos, the price I pay covers their profit margin for those taxes so I'm the one paying it. Even if I remove that column, though, I'm still at 57%. Tax on wages, tax on every dollar I spend, tax on utility bills, tax on gas, tax on beer (that's really the last straw), tax on everything.
      There's any number of archived "Ask Slashdot" stories about taking your agreement to a lawyer, red-inking and initialing all the parts you hate, bringing it back signed and still getting the job
      And honestly, I don't believe a single one of them is any more credible than an urban legend. Either that or we'll find out that anyone who has won the employee agreement dispute is at an economic level where they can afford to walk away and keep looking for two more months. With unemployment and average current wages being what they are, most of us are happy as all heck just to get a job offer.
      Sorry for the jab from the other thread
      I figured it would take a post or two before the handshake could synchronize.
      --
      fast as fast can be. you'll never catch me.
    73. Re:Welcome by Clansman · · Score: 1

      "We're only about 50-100 years away from the point where the poor rise up, kill the rich, and wealth gets redistributed somehow, and it is not going to be pretty, unless something changes."

      Although much of the wealth is not redistributable and would vanish along with the system that was being destroyed.

      There is no "money" in the bank, just IOUs. "I promise to pay the bearer on demand one pound" it says on a scrap of paper in my pocket.

      So the only people who *can* redistribute it are the wealthy themselves through the continued existance of their system.

      this is one of the purposes of the state - maintain the system by encouraging redistribution without revolution.

    74. Re:Welcome by bmetzler · · Score: 1, Interesting
      Don't be blinded by the fact that eDonkey is/was a company, it was a miniscule operation with little or no income, perfectly comparable with you and me in this case. So, yes, my claim still stands.

      So all corporations are not corporations? Are then not all citizens really citizens?

      A poor corporation is really like a citizen, and a really "rich" person is actually a corporation in disguise?

      It's still all bunk, I think.

      -Brent
    75. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 1

      By what measure?

      The numbers I gave were indicative of wealth disparity, i.e. how the currency, stock, and property in the country are divided up. If you choose to buy into the fiction that our currency has real value that is increasing, you could argue that it does not matter since there is more total wealth. I'm not buying it though, and there are a lot of things the poor aren't buying either; like land and houses. Also, think about free time and the ability to retire. Today fewer people than ever have any hope of owning land and property, and that is the real measure of wealth in this country.

      Your light hearted comments about plasma TV's and iPods touches on another point. If technology is advancing, all people should benefit, but it is not clear that is really happening to the extent it should. We have the technology to easily grow all the food needed by the country for a mere pittance compared to the national budget, but still people even in America go hungry for lack of money to buy food. Construction technologies make the building of homes and housing easier than ever, but people still lack for shelter because they don't have enough money. Why is that, do you suppose?

    76. Re:Welcome by 99BottlesOfBeerInMyF · · Score: 1

      Sigh, first go read any text on economics written by someone with economic credentials. Second take a look at the history of wealth in the U.S. by reading through some census reports.

      After having accomplished this, come back here and express and intelligent and informed opinion. No, obviously we don't have a purely capitalist system because it is a theoretical system that can never exist. Yes, we do have a system that is closer to capitalism than pretty much any system that has achieved stability for more than about 50 years at a time. All of my statements of fact are pretty obvious from just looking at historical data and every model of capitalism I have ever seen shows that wealth accumulates more wealth within it until it reaches extreme consolidation. If you care to dispute that or anything else I said, provide a credible reference or a logical reason. To date you have not made one coherent argument. "Nu uh" is not exactly the kind of argument that is going to convince anyone here.

    77. Re:Welcome by m50d · · Score: 1
      Wrong. Capitalists are adamantly against monopolies created by government force. True capitalism doesn't allow government law to inferfere in the marketplace (like the government does when "protecting" the RIAA/MPAA or any other subsidized/lobbied industry).

      However, if a capitalist company can make more money by having a monopoly they are obliged to do everything they can to obtain one. Under capitalism companies can't have values or ethics, perhaps ironically they can't believe in capitalism. They are obliged to do everything they can to make money.

      Real capitalists fight in the marketplace, not in the courts.

      Real capitalists fight wherever they can make the most money out of it. That is the sole deciding factor.

      --
      I am trolling
    78. Re:Welcome by iocat · · Score: 1
      1) "Art that is done for money is generally crap"

      2) Most stuff that the xxIA get upset about you stealing on P2P is very popular music and movies

      3) Most popular music and movies are total shit.

      4) Thus, capitalism -- the raw pursuit of profit -- is the cause of most art stolen on P2P networks.

      5) People who decry capitalism while stealing via P2P should thank it for giving them something to steal

      6) My original, great-great-grandparent post was correct.

      --

      Dude, I think I can see my house from here.

    79. Re:Welcome by randomencounter · · Score: 1
      There is a differentiation that I use:
      If I give it to you, do I still have it?

      If the answer is no, protect it as property.
      If the answer is yes, it isn't property.

      Remember: The difference between theory and practice is that in theory there isn't one, but in practice there is.

      --
      Forget diamonds, copyright is forever.
    80. Re:Welcome by Just+Another+Poster · · Score: 1
      You forgetting they actually did that? Along with a whole lot of other countries?

      Commies have only obtained power through either conspiratorial coups, or by usurping popular non-communist revolutions.

    81. Re:Welcome by Scudsucker · · Score: 1

      Commies have only obtained power through either conspiratorial coups, or by usurping popular non-communist revolutions.

      Or by appealing to the poor and the desperate. Works great in countries with vast income disparities.

    82. Re:Welcome by Just+Another+Poster · · Score: 1
      Or by appealing to the poor and the desperate. Works great in countries with vast income disparities.

      The poor are not the ones who supported and took part in imposing communism.

  7. Why not just offshore? by Colin+Smith · · Score: 4, Insightful

    It's what everyone else is doing to get away from the expense and inconvenience of doing business in the US.

    --
    Deleted
    1. Re:Why not just offshore? by Anonymous Coward · · Score: 0

      Well, since a good part of the testimony before congress delt with the fact that these types of situations do move people offshore and hurt the US economy; I'm pretty sure that the man with a degree from Stanford had considered that once or twice.

      Tard.

    2. Re:Why not just offshore? by Anonymous Coward · · Score: 0

      The MPAA/RIAA has tentacles everywhere.. Soon no where will be safe from the oppres..er protecting of their business model...

  8. mp3 in the post-columbine era by VAXGeek · · Score: 5, Funny

    It's rather strange to load up an article which is talking about shutting down p2p with iPod nano ads all over the place. Now I don't know how to feel.

    --
    this sig limit is too small to put anything good h
    1. Re:mp3 in the post-columbine era by iminplaya · · Score: 0, Redundant

      iPod is not P2P.

      --
      What?
  9. To which Congress said... by Anonymous Coward · · Score: 3, Funny

    Feh. We don't really care if we put you out of business. You don't pay us!

    Do you feel owned yet? You will.

  10. Losing lawsuits due to lack of money?? by Anonymous Coward · · Score: 2, Funny

    now that's news!
    i'm shocked!

    (yes, this is sarcasm)

    1. Re:Losing lawsuits due to lack of money?? by It+doesn't+come+easy · · Score: 1

      Which proves victory via the US legal system is based on money, not justice.

      --
      The NSA: The only part of the US government that actually listens.
    2. Re:Losing lawsuits due to lack of money?? by Anonymous Coward · · Score: 0

      Which proves victory via the US legal system is based on money, not justice.

      Duh.

      Look at OJ Simpson, Michael Jackson, SCO, etc.

    3. Re:Losing lawsuits due to lack of money?? by It+doesn't+come+easy · · Score: 1

      SCO? SCO hasn't won yet. And assuming they scrape together the money to finish the fight, it doesn't look like they will win. In this case, the only injustice we will have if SCO runs out of money will be that we don't settle the UNIX copyright ownership once and for all.

      --
      The NSA: The only part of the US government that actually listens.
  11. And why not? by Henry+V+.009 · · Score: 0, Flamebait

    Why shouldn't he be sued? You've got to admit that he's doing something fairly shady. No reasonable person can claim anything except that his plan to achieve popularity with eDonkey was through facilitating illegal file-sharing.

    1. Re:And why not? by grub · · Score: 1


      No reasonable person can claim anything except that his plan to achieve popularity with eDonkey was through facilitating illegal file-sharing.

      Ah, but can you prove that in court?
      OJ got off with more evidence against him than you have on eDonkey.

      --
      Trolling is a art,
    2. Re:And why not? by Red+Flayer · · Score: 5, Insightful

      "No reasonable person can claim anything except that his plan to achieve popularity with eDonkey was through facilitating illegal file-sharing. "

      First, I disagree. Plenty of reasonable people could claim otherwise. What may seem obvious to you (and a lot of us other /.ers) may not seem obvious to other reasonable people.

      Second, it doesn't matter if he facilitates illegal file-sharing. What matters is if he expressly promotes illegal filesharing, or takes other affirmative steps to foster infringement.

      Justice Souter, from the Grokster decision:"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.""

      Whether or not his business plans hinged on ease of infringement to gain popularity -- if he didn't promote it, and if he didn't distribute eDonkey with the expressed intent of promoting illegal filesharing, then he would not lose the case.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    3. Re:And why not? by JordanL · · Score: 2, Insightful

      Why shouldn't he be sued?

      Perhaps because the cost of litigation in this country is so high and so prevelant that it actually is part of the barrier to entry into a market? I'm sorry, that isn't Capitalism.

      No reasonable person can claim anything except that his plan to achieve popularity with eDonkey was through facilitating illegal file-sharing.

      Way to completely ignor the entire legal concept of burden of proof which this entire country and all of our freedoms are based on.

    4. Re:And why not? by Red+Flayer · · Score: 5, Funny

      "Ah, but can you prove that in court? OJ got off with more evidence against him than you have on eDonkey. "

      If the file don't transmit,
      You must acquit.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    5. Re:And why not? by DistantShadow · · Score: 1

      What may seem obvious to you (and a lot of us other /.ers) may not seem obvious to other reasonable people.

      I put forth that if it is obvious to me but not someone else, then that person is not reasonable.

      -ds

    6. Re:And why not? by JordanL · · Score: 2, Funny

      I put forth that if it is obvious to me but not someone else, then that person is not reasonable.

      I put forth that you are now qualified to be a SCOTUS Justice.

    7. Re:And why not? by jallen02 · · Score: 1

      eDonkey put out the exact opposite. They made you click several times saying you would not use it for pirating copyrighted materials.

      J

    8. Re:And why not? by smcallah · · Score: 0

      OJ lost a civil suit on the same matter.

      The burden of proof is much lower in civil cases.

    9. Re:And why not? by m50d · · Score: 1
      if he didn't promote it, and if he didn't distribute eDonkey with the expressed intent of promoting illegal filesharing, then he would not lose the case.

      No, but he would have to fight it all the way through, which he can't afford. Before the grokster case he could hope for a summary judgement, because all he would have to do is show his program had substantial legitimate use.

      --
      I am trolling
    10. Re:And why not? by ckiller · · Score: 1

      What matters is if he expressly promotes illegal filesharing, or takes other affirmative steps to foster infringement.

      I guess it comes down to what is considered "illegal" for viewing (or listening to) on the intenet.
      In China, it is illegal to view news content which is against "national security" or "public interest

    11. Re:And why not? by Mulletproof · · Score: 1

      "No reasonable person can claim anything except that his plan to achieve popularity with eDonkey was through facilitating illegal file-sharing."

      While normal search engines facilitates the promotion of crack, hack and serialz sites/downloads. It's all about who's lining your pockets with liberal amounts of cash versus who.

      --
      You need a FREE iPod Nano
    12. Re:And why not? by Red+Flayer · · Score: 1

      Absolutely correct. But, the OP was saying that he was culpable because it is reasonable to believe that his intent was to gain popularity by allowing illegal filesharing, which is not how the law is interpreted.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    13. Re:And why not? by Oligonicella · · Score: 1

      "Second, it doesn't matter if he facilitates illegal file-sharing."

      Bzzt! Depends on context.

      From Webster's:

      facilitate
      1. to make easier or less difficult; help forward (an action, a process, etc.): Careful planning facilitates any kind of work.
      2. to assist the progress of (a person).


      If he assisted, he's complicitous. The pawn broker who assists the thief in selling stolen merchandise is an accomplice.

    14. Re:And why not? by Kohath · · Score: 1

      Why shouldn't he be sued?

      Because lawsuits, as they're currently setup, amount to a punishment. I can punish you by suing you, even if I have zero basis for my claim. That's wrong.

    15. Re:And why not? by Bodysurf · · Score: 1

      Ah, but can you prove that in court?

      You don't need to prove anything. The person that is irritating you just has to not have deep pockets.

      From the article:

      Another way to raise barriers is through expensive litigation. The cost of going to court is so high that it easily can sap away the assets a young company. This is why it is such an effective tool for large corporations with deep pockets. Suits, even under the most frivolous conditions, can foist debilitating legal expenses on any potential contender without a hundred million dollars in venture backing (and even then as the original MP3.com - who had $300 million in backing - found out before it went out of business).
    16. Re:And why not? by Red+Flayer · · Score: 2, Insightful

      " 'Second, it doesn't matter if he facilitates illegal file-sharing.'
      Bzzt! Depends on context.
      "
      "If he assisted, he's complicitous. The pawn broker who assists the thief in selling stolen merchandise is an accomplice. "

      Bzzt! Irrelevant to the case and the current interpretation of the law ex parte Grokster. Providing the means for illegal P2P filesharing (which is what we mean by facilitating, in this context) is not illegal. Promoting the use of your P2P system to illegally fileshare, however, is illegal.

      Please pay attention to the context if you are going to refute my argument based on the fact that it depends on context.

      "The pawn broker who assists the thief in selling stolen merchandise is an accomplice. "

      According to this example, and your interpretation of the law (as I can see it), then the pawn shop is violating the law simply by being in existence -- since, after all, any item in the shop could be a stolen good.

      The difference here is in affirmative action -- does the pawn broker affirmatively take action to assist the thief in illegal activity? If so, he is culpable. Complicity requires willful, knowing action.

      In the eDonkey case, there is no affirmative action on the part of eDonkey to promote illegal activity.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    17. Re:And why not? by fandog · · Score: 1

      Hah! That was good! Maybe shorten to:

      If it don't transmit,
      You must acquit!

    18. Re:And why not? by Red+Flayer · · Score: 3, Interesting

      I thought about it. The original Cochran quote was, "If it doesn't fit, you must acquit." The quote has been changed, even in Conchran's memoirs, to "If the glove doesn't..."

      I shortened "doesn't" to "don't" because "don't" is better for comedic flow, and because I wanted to drop a syllable to make up for the extra syllable in "transmit."

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    19. Re:And why not? by idokus · · Score: 1

      OJ lost the civil procedure, with the same amount of evidence in his criminal trial.

      Since it is the case of a civil nature (ie. (aiding to) breach of copyright) It's, I think, a civil trail.

    20. Re:And why not? by db10 · · Score: 1

      Much like clean air advocates should be sued for making a clear effort to keep mass-murderers and child-molestors alive. Facilitate indeed.

    21. Re:And why not? by Castar · · Score: 1

      Whether or not his business plans hinged on ease of infringement to gain popularity -- if he didn't promote it, and if he didn't distribute eDonkey with the expressed intent of promoting illegal filesharing, then he would not lose the case.

      His point was that it didn't matter if he won the case - he didn't have the money to fight the accusations. This is something I pointed out on Slashdot when everyone was saying "Oh, the Grokster decision isn't THAT bad." - it opens companies up for the possibility of lawsuits that they can't afford, win or lose. This puts a chilling effect on P2P development, and means that it'll be that much longer before someone comes out with a legitimate business plan using P2P, and kills off the music industry for good.

      The startup costs for new P2P media businesses just went up by a lot.

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
    22. Re:And why not? by Red+Flayer · · Score: 1

      Yes, and I agree.

      I was just responding to the OP, who misunderstood the law ex parte Grokster.

      Hopefully, the SCOTUS will realize that the current interpretation of the law has this effect, and will review their stance in the next few years when someone appeals; or, less likely, the legislature changes the law to prevent this situation.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    23. Re:And why not? by surprise_audit · · Score: 1
      if he didn't promote it, and if he didn't distribute eDonkey with the expressed intent of promoting illegal filesharing, then he would not lose the case.

      Except that, as we're all well aware, these days it doesn't matter so much whether you're technically legal; it matters more that you have the bankroll to go the distance against a faceless corporation that can afford to field a dozen lawyers and spin the case out for years. In that situation, your only hope is that you can convince the judge early on that the case has no merit, otherwise you can kiss your house and your lifesavings goodbye. Even if you win, you probably won't get them back.

  12. Does Grokster only apply in the US? by ewe2 · · Score: 1

    Given some of the Australian-US FTA requirements, I'd be surprised if they weren't trying to make it apply elsewhere. iTunes certainly isn't going anywhere here. WTF does the music industry think it's winning?

    --
    insecurity asks the wrong question irritation gives the wrong answer
    1. Re:Does Grokster only apply in the US? by CptNerd · · Score: 5, Insightful
      WTF does the music industry think it's winning?

      This: http://en.wikipedia.org/wiki/Pyrrhic_Victory

      --
      By the taping of my glasses, something geeky this way passes
  13. Actually... by Spy+der+Mann · · Score: 0, Troll

    I'm terrified of the thought that GNUtella might be the next one. Because gnutella absolutely ROCKS.

    1. Re:Actually... by Spy+der+Mann · · Score: 2, Insightful

      Gnutella sucks balls. I could never find rare content on Gnutella the way I could with eDonkey/Overnet.

      And with eDonkey out of the way, where do you think that content will move, hmmmmmmmmmm? :)

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

      Soulseek?

    3. Re:Actually... by Anonymous Coward · · Score: 0

      shhh!

    4. Re:Actually... by eht · · Score: 1

      eMule, an open source version of the client

    5. Re:Actually... by SYRanger · · Score: 1

      Agreed...

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

      This isn't about the ED2K network, this is a ruling regarding a (relatively, very unpopular) client which support the protocol. The ED2K network will remain the best source for hard-to-find files, with Soulseek coming in a close second for music.

    7. Re:Actually... by Jesus_666 · · Score: 1

      I hope the eMule download servers will last through the onslaught of eDonkey users all downloading eMule at the same time. Yes, all five of them.

      eDonkey has been insignificant for the last few years. eMule is much superior and had a much bigger market share (we're talking an order of magnitude here), so eDonkey folding is interesting only from a "the industry vs. the rest of the world" point of view. Sharing-wise, I doubt anyone will really notice.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  14. Stamina by fragmentate · · Score: 2, Interesting

    While many people don't use eDonkey (and the like) to pirate, the simple fact of the matter is that most do. Everyone suffers.

    It would take a company with an enormous amount of funding, and legal stamina to keep up with all of the litigation involved with something that can be abused so easily. The RIAA and MPAA (the most litigious groups) do have that stamina, funding, and will to carry out all of their pursuits.

    Hopefully artists will continue to open their music up to the masses. I think they stand to make more money (you know, they clearly do not make enough already) by publishing directly to these online music libraries (ala Yahoo, Rhapsody, iTunes, etc.).

    There are still the issues with software "sharing." There is blatant piracy there. I've seen my neighbors kids come over with CD's of burned software that they got "for free" from Kazaa. They put me at risk that way. I don't want that crap installed on my computer so I can be their next target and example.

    Will anyone miss P2P if it goes away? I won't even notice.

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

      "Will anyone miss P2P if it goes away? I won't even notice."

      Plenty of people would miss P2P if it went away, but that's not going to happen...
      Companies that make money based on P2P may go away, but that won't stop people from sharing.

    2. Re:Stamina by standbypowerguy · · Score: 1

      That's why open-source P2P apps are superior to closed-source, proprietary ones. Development is decentralized, there's no corporate "head" to place on the chopping block, and once the source is open, anyone can hack it. Power to the people!

      --
      This isn't the sig you're looking for... Move along.
    3. Re:Stamina by RexRhino · · Score: 1

      Will anyone miss P2P if it goes away? I won't even notice

      Um, music sharing software != P2P ... You won't even notice if BitTorrent disapears? Or many types of internet computer games?

    4. Re:Stamina by 'nother+poster · · Score: 1

      Will anyone miss P2P if it goes away?

      I will. Blizzard uses Bittorrent to distribute its patches for World of Warcraft, and I will be seriously hacked off if I can't get my patches and the servers lock me out because of that.

    5. Re:Stamina by 99BottlesOfBeerInMyF · · Score: 1

      While many people don't use eDonkey (and the like) to pirate, the simple fact of the matter is that most do. Everyone suffers.

      And you're ok with the innocent being punished for the crimes of the guilty? Anyone who does not intentionally violate copyrights, who is in any way harassed or punished is an innocent person being abused by the legal system. It is injustice and used to be something people cared about.

      I've seen my neighbors kids come over with CD's of burned software that they got "for free" from Kazaa. They put me at risk that way. I don't want that crap installed on my computer so I can be their next target and example.

      So you're not doing any copying, but you're afraid the legal system will punish you for the actions of others. Our legal system is supposed to founded on "innocent until proven guilty." If you did nothing then there should be no evidence against you. If you don't feel confident of that then something is wrong with the legal system, not with what other people are doing.

    6. Re:Stamina by gigoguy · · Score: 1

      >Will anyone miss P2P if it goes away? I won't even notice.
      Look, the pattern with most new media is such - first porn, then piracy, then legal commerce and artistic expression. We're almost there!

    7. Re:Stamina by jilles · · Score: 1

      You rightly observe that piracy exists. You imply by your style and wording that this is a bad thing and that the world would be better off if it didn't.

      Take away the moralism and the wishful thinking you can deduce the following:
      1) piracy apparently exists
      2) it is apparently extremely hard to fight legally
      3) and therefore it will continue to exist until either 1 or 2 change.

      We've already seen over the past few years that fact 1 is unlikely to change by itself (people like free, easy to get goodies) so that leaves us fact 2 to improve on.

      In a sense fixing fact 2 is what is happening in the US and a few other countries. However, so far, not to an extent that it becomes measurably effective (instead of obviously counterproductive). The rights of people and corporations are being constrained severely but the effect is 0. These measures have all sorts of negative sideeffects such as companies (even unrelated to p2p or piracy) taking their business elsewhere or going out of business (jobs lost, economy suffers), young people's lives being destroyed and millions of $ being pumped into the legal system instead of being invested more wisely.

      Conclusion: moraliststic pricks obsessed with piracy and out of touch with reality are wreaking havoc in our legal and economic systems. I personally think that is a bad thing, much worse than some highschool kids downloading stuff.

      --

      Jilles
    8. Re:Stamina by cdrguru · · Score: 1
      Sorry, but the idea that if someone else commits a crime and leaves you with the proceeds that you are innocent is completely wrong.

      Someone steals a car and sells it to you for $10. When the car is discovered you are going to lose it and maybe go to jail for receiving stolen property.

      Someone robs a bank and gives you $10,000 because you are a nice guy. Do you really think you get to keep it? Do you think you aren't going to jail or at least get some really nice community service sentance?

      Some kids drop off some pirated software and music on your computer. Do you think you are immune to prosecution and/or civil suit because you didn't actually do the downloading? Not hardly. You are at least an unwitting accessory. But if you know they are doing it and doing nothing about it, then you are absolutely an accessory if not accomplice.

    9. Re:Stamina by 99BottlesOfBeerInMyF · · Score: 1

      Someone steals a car and sells it to you for $10. When the car is discovered you are going to lose it and maybe go to jail for receiving stolen property.

      If the courts cannot prove you knew or suspected it was stolen, you are in the clear. You will lose it, but in that case you are the victim of a crime (fraud), not a victim of the legal system.

      Someone robs a bank and gives you $10,000 because you are a nice guy. Do you really think you get to keep it? Do you think you aren't going to jail or at least get some really nice community service sentance?

      This is the exact same situation as above.

      Some kids drop off some pirated software and music on your computer. Do you think you are immune to prosecution and/or civil suit because you didn't actually do the downloading? Not hardly. You are at least an unwitting accessory. But if you know they are doing it and doing nothing about it, then you are absolutely an accessory if not accomplice.

      If you don't know about it, legally you are in the clear. If they can't prove you know about it, you are legally in the clear. If you do know about it, but do not benefit from it in any way, you are in the clear (you have no obligation to report a crime). If you know about a crime and benefit from it (they give you copies of the games/music that you know are there), then you are guilty.

      If you reasonably fear legal action, and you have not broken any laws, then the legal system is broken.

    10. Re:Stamina by CrimsonSamurai · · Score: 1

      This is fairly interesting, as the games industry is in a similar situation. Innovation is stagnant because publishers are afraid to try publishing anything new, only established brands. Tools like Steam, which bypass the standard publishing model, could help smaller developers and more innovative games take off. I think you're right, if artists released their music directly to the iTunes Store or similar outlets, they could stand to make a lot more money.

  15. not enough money? by theodicey · · Score: 2, Funny
    Most startup companies just don't have very much money...

    That's funny, the spyware biz must be getting less profitable than Sam led us to believe.

    I suppose companies are no longer willing to pay to be the 500th popup ad server on a spyjacked box.

    1. Re:not enough money? by ZachPruckowski · · Score: 1

      I don't think the issue is income, it's the shear ratio of RIAA size to P2P guy size. Even if the P2P guy is profitable, the RIAA is about a million times bigger. They can afford an army of lawyers, and the P2P can afford like 1-2. The legal system, with all the filings and bureaucracy, can be used to crush the smaller guy. The thrust of this problem is that a case under Betamax could be crushed far easier than a case under Grokster, allowing for a lot more chances for the RIAA to bring it's superior assets to bear.

      Imagine it like a war. The little guy has a better shot at winning one battle or a few battles, but in the war, the side with the bigger warchest and material wins. Examples include the US Civil War and World War II.

  16. They just need to move to Canada by Pig+Hogger · · Score: 4, Interesting

    They just need to move to Canada, where the Supreme Court decided that file sharing is legal. Voilà! Problem solved!

    1. Re:They just need to move to Canada by RexRhino · · Score: 1

      True, but then there are Canadian content rules, censorship laws, language laws, etc., that are also a big problem to deal with.

      They would be better off going to the Caymen Islands, or the other places that run the online casinos.

    2. Re:They just need to move to Canada by temojen · · Score: 2, Interesting

      In Canada, using file sharing networks to share files that you have the right to share is legal (ie public domain or Creative Commons). Downloading music and movies (not software) is legal since you paid for it when you bought your blank CD, HDD, or MP3 player. Uploading music and movies you do not have the right to (ie Copyrighted and not Creative Commons) is illegal.

      Where are you supposed to download from if noone is allowed to upload? I don't know. You are allowed to lend a CD to a friend, and they're allowed to copy it (for personal use), but you're not allowed to make a copy and give it to your friend.

    3. Re:They just need to move to Canada by Jamu · · Score: 2, Funny

      There's only one major problem with this idea: They'd have to move to Canada.

      --
      Who ordered that?
    4. Re:They just need to move to Canada by Microlith · · Score: 1

      Where are you supposed to download from if noone is allowed to upload?

      You're supposed to upload your own works, not others. Suprise suprise, copyright still stands. Canada has -not- been given a free pass to violate copyrights by their courts.

    5. Re:They just need to move to Canada by temojen · · Score: 1

      The courts would not have bothered making a ruling if that were the case.

    6. Re:They just need to move to Canada by temojen · · Score: 1
      You are allowed to lend a CD to a friend, and they're allowed to copy it (for personal use), but you're not allowed to make a copy and give it to your friend.

      This ruling was what the uploading/downloading thing was based on. Notice that I did not say the CD was your own work.

    7. Re:They just need to move to Canada by Dixie_Flatline · · Score: 3, Interesting

      NO. Downloading music and movies is legal because it is legal. The tariff is there as something extra, but it has never impacted the legality of downloading musing and movies. The tariff is a transparent money-grab by the recording industry, and the government has recently recognized it as such, which is why if you bought an iPod in 2003-2004, you can apply to get the levy back.

      Leave the levy out of this. Levies never give you the right to do anything - it would not be legal to shoot people if there were a levy on bullets trying to compensate victims' families. The levy is there because the industry is greedy and antiquated.

    8. Re:They just need to move to Canada by Anonymous Coward · · Score: 1, Informative

      The courts and copyright board have made no such declaration, rather that uploading copyrighted material is legal as the copyright law clearly specifies that a person may use another person's equipement to copy the audio recordings of that person which is exactly what a P2P application does.

    9. Re:They just need to move to Canada by renehollan · · Score: 1
      They just need to move to Canada, where the Supreme Court decided that file sharing is legal. Voilà! Problem solved!

      Er, in Canada, the federal and provincial governments can trump the Supreme Court, by applying the "Notwithstanding Clause" in the Canadian Constitution.

      This is likely to happen (again) in Quebec, where the government has indicated its intent to pass legislation overruling the Supreme Court's decision that it is unconstitutional to prevent a patient from paying a doctor for service, where the patient would otherwise have to wait under the "free" universal healthcare system. The Court, has stayed its decision until the government decides whether to overrule it. (Foreigners, of course, can purchase all the health insurance, or direct medical services, they want, with no waiting, so this may not affect you. Only in Canada, do citizens come second.)

      The logic behind this absurd "Notwithstanding Clause" in the Canadian constitution is this: Judges are appointed, not elected, and so can not be the final arbiters of justice in a democracy. Naturally, this gives enourmous power to the legislatures and effectively renders the courts impotent.

      Contrast the U.S., where, though Supreme Court (and Federal District, IIRC) judges are nominated by the Executive branch (i.e. the President), and confirmed by the Legislative branch (i.e. the Senate) -- the People's elected representatives do get a kick at the can, so to speak, but only one.

      Another mechanism to keep judicial review in the hands of the elected represenatatives might be via judicial recall or impeachment, though existing decisions prior to such recall or impeachment should stand.

      --
      You could've hired me.
    10. Re:They just need to move to Canada by Anonymous Coward · · Score: 0

      I think the point was that writing file sharing software but not using it for anything was legal in Canada for now.

    11. Re:They just need to move to Canada by Pig+Hogger · · Score: 1
      This is likely to happen (again) in Quebec, where the government has indicated its intent to pass legislation overruling the Supreme Court's decision that it is unconstitutional to prevent a patient from paying a doctor for service, where the patient would otherwise have to wait under the "free" universal healthcare system. The Court, has stayed its decision until the government decides whether to overrule it. (Foreigners, of course, can purchase all the health insurance, or direct medical services, they want, with no waiting, so this may not affect you. Only in Canada, do citizens come second.)
      Hey, René, if you don't like it here, you can always move to the US where you'll be able to be as stupid as you want.

      Fortunately, here, we have decided to have reason prevail over primitive values that are so popular with your kind of stupid people (that is, those english morons who are too stupid to learn french).

      In Québec, we have been so much shafted by "free" entreprise that we have given ourselves a strong State to take care of everyone and make sure that no big guy screws the little guy.

      * * *

      So, finally, have you finish writing your totally universal Pascal compiler??? Do you still bang your head on the walls when you encounter a big hurdle???

    12. Re:They just need to move to Canada by renehollan · · Score: 1
      In Québec, we have been so much shafted by "free" entreprise that we have given ourselves a strong State to take care of everyone and make sure that no big guy screws the little guy.

      Except by the biggest guy of all: the government. The unemployment rate is what, again? The tax rate is what again? You wait how long for a tonsillectomy? Mon dieu! Vous etes fou: tres, tres fou.

      Behold: Communism in all it's glory.

      And, I'll start to learn French when les Quebecois realize it's "pommes du terre fritez", and not "patates frites"; "le weekend" and not "la fin du semmaine"; and "le parking" and not "la stationnement". Then again, I suppose you've never visited Paris, you know, that city in France, where they speak French?

      --
      You could've hired me.
    13. Re:They just need to move to Canada by Pig+Hogger · · Score: 1
      Vous etes fou: tres, tres fou.
      No, I'm french. We, the french, had no magna-carta, so we love big government. We trust big government. We don't trust entrepreneurs. And it's big government who gave us the cheapest electric power in the world (which also does not pollute).

      And we're happy at paying 50% income tax so we don't have to worry about being screwed by health insurance companies or robbed at gunpoint in the streets.

    14. Re:They just need to move to Canada by renehollan · · Score: 1
      And we're happy at paying 50% income tax so we don't have to worry about being screwed by health insurance companies or robbed at gunpoint in the streets.

      Tax yourselves, then. But, you won't tax me. I earn an honest wage, and support my spouse and children. (Funny how Quebec never reimbursed me against my taxes what it would cost to support them if they were on welfare.)

      But, tell me, how are you not screwed by the government when there is no doctor to see your sick kid, or hospital bed for your organ transplant recovery, or you have to wait in debillitating pain for routine surgery? How are you not screwed when the rate of violent crime against women in Canada is double what it is in the U.S. (I guess you're not a woman)? How are you not screwed when the extra taxes you pay for universal healthcare leaves you with waiting lists when the difference compared to a U.S. tax burden would pay for the best health insurance in the country? (About US$14k a year for family coverage)?

      Ah, fuck it: we each have what we deserve, and I'm happy with my lot.

      --
      You could've hired me.
  17. Who cares? I do by GroeFaZ · · Score: 2, Interesting

    While the Bittorrent protocol is clearly more modern, more fair (more upload usually does equal more download, unlike eMule), eDonkey and eMule clearly have their uses; whenever I was searching for Really Old Stuff like "classic" movies (>20 years), music, or games (both >5 years), OR something off-mainstream which might not be easily available otherwise, eMule has almost never disappointed me. It's like a huge P2P culture archive. I have not yet found a better source for satisfying such desires than eMule, but maybe I didn't look hard enough and someone might point me towards another P2P service that satisfies these needs?

    --
    The grass is always greener on the other side of the light cone.
    1. Re:Who cares? I do by PhotoBoy · · Score: 1

      Absolutely. I personally find I upload 5 times what I'm ever able to download on eMule but it is the only place to go if what you're searching for is rare or old. The breadth of data on offer is staggering and it's no surprise it is the most popular P2P app these days.

    2. Re:Who cares? I do by mpontes · · Score: 1

      Exactly. Bittorrent is awesome for mainstream stuff, but if you want something that almost no one has, eMule is the way to go, even if you have to wait for ages.

      --
      Bored? Browse Slashdot with a +6 modifier for Troll comme
    3. Re:Who cares? I do by Zphbeeblbrox · · Score: 1

      Exactly. Like those old Man From Uncle movies and TV series. Bittorrent? nope, Gnutella? nope, eMule? Yep. Rare hard to find content is easier to find on eMule.

      --
      If you see spelling or grammatical errors don't blame me. I tried to preview but IE here at work borked the CSS
  18. Companies just don't get it by Morgaine · · Score: 5, Insightful

    The way to make money off P2P is not to offer P2P services (a direct invitation for lawyers and other scum to line their pockets), but to *use* P2P to distribute your own data for next to nothing.

    It's a terrific delivery mechanism with an enormous benefit/cost ratio, so why not make that the basis of your business by delivering your own material over it, or delivering content belonging to other less technical providers under contract? You would be legally in the clear, while benefitting from absolutely minimal networking costs.

    --
    "The question of whether machines can think is no more interesting than [] whether submarines can swim" - Dijkstra
    1. Re:Companies just don't get it by RexRhino · · Score: 1

      I think it will work if there becomes some P2P standard like BitTorrent that becomes a part of web browsers.

    2. Re:Companies just don't get it by gordo3000 · · Score: 1

      as a major counterpoint that has been given on this site before,
      why in the world would I offer up for free my bandwidth to help a company have better distribution. I had better get a very hefty discount on the price of the product. furthermore, if I give a load of bandwidth, i would expect a much larger discount than someone else. It is only a great delivery method because you have millions of people right now giving away their bandwidth for free. but this could very well change as soon as the person is paying for the content.

      While bit torrent has these capabilities with just some slight extensions, it still is a very tenuous business model that is not nearly as straight forward as you seem to think.

    3. Re:Companies just don't get it by mpontes · · Score: 2, Insightful

      Exactly. I know I wouldn't give away my bandwidth just because a random company is feeling greedy and wants to save on bandwidth costs. You know how things work, it would be just like ebooks. If companies started using BitTorrent to distribute their commercial software, they wouldn't drop their prices by one cent. Bittorrent will never work for companies that want to make a profit. It's simple, if you could choose from donating to Microsoft or UNICEF, what would you pick?

      --
      Bored? Browse Slashdot with a +6 modifier for Troll comme
    4. Re:Companies just don't get it by 0rionx · · Score: 2, Insightful

      On the other hand, the inevitable cost-cutting trend (at least in the U.S.) is to cut services by putting more of the responsibility on the customer. Things that once were unthinkably unprofessional are now the norm. Consider the case of self-service gas stations (unless you live in Oregon) - by and large gas station attendants are a thing of the past. You swipe your card, you stand by your car and pump your our gasoline, no paid employees directly involved. Same thing with the self-checkout lines that are starting to appear at grocery stores and Wal-Marts. Companies have a relatively large incentive to make as many things DIY as they can get away with, and over time the public begins to accept the increased responsibility. Perhaps P2P bandwidth sharing will become the same way over time...

    5. Re:Companies just don't get it by gordo3000 · · Score: 2, Interesting

      except, self service gas stations and self checkout lanes both have major perks for me as a user. the self service check out lines give me an option of getting through the line much faster when I only have 1 or 2 items, a major improvement.

      Self service gas stations have always been cheaper than full service and most of the time I don't require the full service. Frankly, I"ll take the discount.

      on the other hand, I get nothing out of giving away my upload bandwidth. I don't necesarilly get faster transfers so unless it all comes to me cheaper, I'm not buying it as a distribution method.

    6. Re:Companies just don't get it by Ahnteis · · Score: 2, Insightful

      why in the world would I offer up for free my bandwidth to help a company have better distribution[?]

      Because it's either start downloading now at the cost of some of your bandwidth, OR wait 3 hourse in the fileplanet queue. No, I'm serious.

      I often go to Filerush.com because I know I won't have to wait in line.

    7. Re:Companies just don't get it by Knetzar · · Score: 1

      What if it's the only way to get the product?

    8. Re:Companies just don't get it by dcapel · · Score: 0

      Theres this network called Bittorrent. Guess what it was originally invented for?

      Linux ISO!

      Guess who uses it alot to distrubute data?

      Linux Companies!

      Some people have already figured this out :)

      --
      DYWYPI?
    9. Re:Companies just don't get it by Martin+Blank · · Score: 1

      why in the world would I offer up for free my bandwidth to help a company have better distribution

      Consider that, at least for games, the cost of adding in the bandwidth to handle the rush for new files would be better used for increasing server capacity. For the cost of a month of high-capacity lines, an additional server (sometimes two or three, depending on the link speed required) can be added in. For Linux distributions, it lightens the load on mirrors that have to be used by those behind firewalls, and allows distribution of larger content, such as DVD ISOs, that may not be permitted on mirrors for resource reasons.

      For other distribution sources, I agree that it's not so clear-cut. But in general, it's allowing savings by using otherwise unoccupied bandwidth, which for most people is nothing more than some extra packets going out at no expense.

      --
      You can never go home again... but I guess you can shop there.
    10. Re:Companies just don't get it by Anonymous Coward · · Score: 0
      The way to make money off P2P is not to offer P2P services (a direct invitation for lawyers and other scum to line their pockets), but to *use* P2P to distribute your own data for next to nothing.

      Ideally, a business model isn't based on something that is about to be outlawed.

    11. Re:Companies just don't get it by gordo3000 · · Score: 1

      but that is very different from paid-for content. You don't pay for the patches that you are downloading. So bandwidth is a way of 'paying' for the content(or ease of accessibility). Now the question is, if you were paying 50 dollars for a game, would you give up much of your bandwidth? woudl the game still be worth 50 dollars if the real price included a good chunk of your upload stream?

  19. ANYTHING can be used to commit a crime by ausoleil · · Score: 3, Interesting

    By your example, Xerox would have never made it out of the garage.

    A pen can be used for copyright vioations, as can a camera. How much ink is invested in illegal copying every year is anyone's guess. Cameras, the same thing.

    Yes, I know that those are ridiculous examples. However, under the Grokster standard, either of the latter could be considered instruments for wanton copyright violation (despite the ridiculousness of it) and be banned...if they were new technologies.

    Most any tool, be it software or hardware, is capable of being used illegally. That people do so is not so much a reflection of most tools but instead a reflection on those people.

    1. Re:ANYTHING can be used to commit a crime by ScentCone · · Score: 2, Insightful

      Most any tool, be it software or hardware, is capable of being used illegally

      True, but creating a piece of software and a network tool that, without question, is designed to find its primary audience among people that are seeking to pirate material... and to know that it wouldn't even be worth the bother to produce it otherwise... that's a lot different than making office copying machines, which have immediate, obvious, and overwhelmingly non-infringing uses.

      Mind you, I get involved in this sort of thread all the time, with respect to gun use. Guns are designed to hurl a piece of metal through the air at high speeds. But there is a huge market for that without needing, say, murderers to be the primary buyers. eDonkey, on the other hand, knew exactly who their primary audience was. Different situation.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:ANYTHING can be used to commit a crime by stlhawkeye · · Score: 4, Insightful
      Amen, brother. P2P software does not violate the law. Photocopies do not violate the law. Camera phones do not violate the law. Laws exist to mitigate between the conflicting desires of people. I want your lawnmower. You want to keep your lawnmower. Who wins? The law says you do. I want to own a gun. You're afraid of guns and think I shouldn't have one. Who wins? Well this one's not so straightforward, but having no criminal record or particular proclivity towards violence, I'd most likely get to have my gun.

      Things do not break laws. Corporations do not even break laws. Only people can. We have some errors in our legal system right now that hold things responsible for lawbreaking that cannot break laws. Corporations aren't things. They are federally-sanctioned legal entities that exist as legal fact on paper and in practical fact by a massive collective agreement that it is what we say it is. Corporations can't break laws any more than knitting circles can. But we allow people who break laws to hide behind them. Bad juju.

      And it's the same with file sharing. A computer network cannot violate a law. Nor can a network card, a hard disk, a mouse button, or anything else beyond the two people complicit in copyright infringement.

      Copyright infringement is like global warming. People are so goddamed polarized on the subject that having an honest intellectual debate is impossible. You've got the P2P advocates who all claim in unison they primarily use P2P for legitimate purposes when the majority of people who really that software are violating copyright. This is because the majority of users are not Slashdotters innocently swapping Linux distributions, they're high school and college kids with little disposable income and an insatiatble thirst for new music, missed TV shows, and movies they can't afford to go see.

      Then you've got the content cartels confusing us (on purpose) with flat out lies and mischaracterizations. Copyright infringement is not theft. There's another term that covers theft, and it's called... well... theft. Copyright infringement is a violation of somebody else's exclusive right to manage a particular piece of intellectual property in the manner they prefer, with some common sense exceptions called "Fair Use" that are defined on a case-by-case basis. And downloading songs isn't even a criminal offense unless you do a lot of it. No more than shoplifting a candy bar is.

      We need to stop blaming tools for the actions of people. It's not the drug's fault that you're stoned. It's that you decided to consume it. It's not the gun's fault that you murdered somebody. You decided to shoot it. This hellbent determination to excuse the actions of individuals by blaming their bad decision making on tools or circumstances has got to end at some point, or our tangled web of indulging and empathetic laws will result in a soup of legal abstractness that makes it impossible for anybody to ever do anything wrong. It will always go back to being the fault of some company that manufactured some product or tool that enabled a person to commit a crime, and since the corporation as a peopleless legal entity will be held responsible, we end up with a legal system in which individual people are never responsible for anything. That's going to suck.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
    3. Re:ANYTHING can be used to commit a crime by Kjella · · Score: 1

      Mind you, I get involved in this sort of thread all the time, with respect to gun use. Guns are designed to hurl a piece of metal through the air at high speeds. But there is a huge market for that without needing, say, murderers to be the primary buyers.

      The guns you can legally buy in the US? Bullcrap. Around here we allow pistols, hunting rifles, shotguns (2 shots max) and such too. They work quite well in any reasonable self-defense scenario you can think of, as well as for hunting and gun clubs. And around here self-defense means to defend your own life or the life of others against a direct threat. The rest, the police handles. So we don't go out on the front porch and shoots anything that moves.

      The United States is a place where you can buy sniper rifles, semi-automatic rifles and God knows what else that have no real use except to attack other people. Don't tell me you'd use a sniper rifle in "self-defense". Not to mention we've got our guns registered in a database, that keeps your average criminal from carrying a gun. Bank robbers and such always find a gun, but then you normally expect the police to handle that anyway.

      One of the more delusional excuses for this I've heard is that people have a right to defend their homes in war, armed revolution and the like. Bullcrap. The US civil population would stand as little chance as the Iraqi population if faced with the US Army (or a foreign army strong enough to defeat the US Army). Warfare has come a long way since the 1700s.

      Personally

      --
      Live today, because you never know what tomorrow brings
    4. Re:ANYTHING can be used to commit a crime by soft_guy · · Score: 1

      Mind you, I get involved in this sort of thread all the time, with respect to gun use. Guns are designed to hurl a piece of metal through the air at high speeds. But there is a huge market for that without needing, say, murderers to be the primary buyers. eDonkey, on the other hand, knew exactly who their primary audience was.

      That makes very little sense. The only purpose of a gun is to kill someone. P2P could be used, for example, by teachers to share "open source lesson plans".

      --
      Avoid Missing Ball for High Score
    5. Re:ANYTHING can be used to commit a crime by sapped · · Score: 1

      One of the more delusional excuses for this I've heard is that people have a right to defend their homes in war, armed revolution and the like. Bullcrap. The US civil population would stand as little chance as the Iraqi population if faced with the US Army (or a foreign army strong enough to defeat the US Army). Warfare has come a long way since the 1700s.

      The last time I checked the US army was not fairing too well in Iraq and that is against a population significantly less armed than most sections of the USA. You don't necessarily have to have direct shootouts on a daily basis to defeat an enemy.

    6. Re:ANYTHING can be used to commit a crime by zippthorne · · Score: 1

      No, by being so effective at killing people, the main purpose (and the overwhelming purpose for which they are used) is to threaten to kill someone.

      --
      Can you be Even More Awesome?!
    7. Re:ANYTHING can be used to commit a crime by EllisDees · · Score: 1

      >One of the more delusional excuses for this I've heard is that people have a right to defend their homes in war, armed revolution and the like. Bullcrap. The US civil population would stand as little chance as the Iraqi population if faced with the US Army (or a foreign army strong enough to defeat the US Army). Warfare has come a long way since the 1700s.

      Yes, it has. For instance, anyone in the US can legally buy these and these. One person with good aim could do quite a bit of damage with them, even against military equipment.

      --
      -- Give me ambiguity or give me something else!
    8. Re:ANYTHING can be used to commit a crime by slavemowgli · · Score: 1

      Shoplifting a candybar is not theft? I'm not sure I understand that, even though I otherwise agree with pretty much everything you've said.

      --
      quidquid latine dictum sit altum videtur.
    9. Re:ANYTHING can be used to commit a crime by soft_guy · · Score: 1

      Yes, muggings, etc. Good thing we have a lot of these on the street, otherwise the police would be out of work.

      --
      Avoid Missing Ball for High Score
    10. Re:ANYTHING can be used to commit a crime by shark72 · · Score: 1

      "However, under the Grokster standard, either of the latter could be considered instruments for wanton copyright violation (despite the ridiculousness of it) and be banned...if they were new technologies."

      I think two common Slashdot mistakes are exibihited here:

      • Making the assumption that everybody who is not engaged in the poster's line of work (in this case, supreme court justices) is foolish and/or naive (you didn't say this specifically, but a common sentiment around here is that since the SCOTUS couldn't understand the fact that Grokster is just like a pencil/camera/xerox machine, they are clearly clueless technophobes who did not do enough research.)
      • Relying on a one- or two-line summary as an accurate description of something.

      I'm aware that most people have better things to do with their time, but I think that anybody who's passionate about fair use, P2P, and the like should read the actual judgement rather than rely on a brief, misleading summary.

      The bad news is that it's 55 pages, but the good news is that you don't need to read very far before the xerography / pen / camera analogy falls down.

      Reading the judgement should also demonstrate that the SCOTUS did ask the right questions and does have an understanding of the technology. While it's our right and duty to challenge the rulings of the SCOTUS, let's not make the mistake that they lack cognative power.

      --
      Sitting in my day care, the art is decopainted.
    11. Re:ANYTHING can be used to commit a crime by ScentCone · · Score: 1

      That makes very little sense. The only purpose of a gun is to kill someone

      You need to get out more.

      I have used guns for:

      1) Working within my state's highly managed process for thinning out the grotesquely out-of-balance whitetail deer population (currently numbering, along the eastern seaboard, in the millions than before the colonists appeared 300+ years ago). I love eating lean (pretty much fat-free), un-medicated, delicious venison, and put as much as possible in the freezer every year. The local population is still out of control, so much of the counter-balance continues to be in the form of smashing in the fronts of cars - unpleasant for everyone, alas, and not legal to eat, which is a real waste.

      2) Hunting pheasants, quail, partridge, dove, turkey, ducks, geese - all manner of meat-on-the-wing that's much better tasting and better for you than anything you'd get from the grocery store (no matter now "organic" and "free range" they say a chicken is, it can't compare to a wild bird).

      3) On a farm, ridding pasture and crop land of invading populations of praire dogs, groundhogs, and similar pests. Given the unfortunate decline of natural predators, these kinds of animals again are out of balance. Their digs can break cattle's legs, promote horrible erosion problems, and greatly reduce the efficiency with which a farmer can make the use of a given acre of land and the water used to irrigate it. Traps and poison are bad ideas around crops and livestock, so it's precision shooting that works best, and it's an instant end for the animal. On a similar note, growing packs of coyotes are a real threat to livestock births, and farmers absolutely need to be able to control that population.

      4) Sporting use. Some people like to smack little white balls with clubs, some people like to throw pointy darts in bars, some people like to knock down wooden pins with big balls, and some people would rather watch large sweaty people wrestle over a football. Some people like archery. Personally, I like the applied physics, chemistry, history, and skill required to shoot targets. Trap and skeet are extremely challenging (see the Olympic team for a wild display of talent), and help hone skills used in the field. And if you haven't spent an hour with a .22 plinking rifle and $5.99 worth of ammo chasing a few cans around a dirt mound in a quarry someplace, you've missed out some fun.

      5) Self defense. I was very, very glad to have a gun at hand when a (as it turns out) drugged up crazy was trying to beat down our back door with a pipe in the middle of the night. The only thing that kept him out of the house (with his large steel pipe) during the seemingly eternal 10-15 minutes while we waited for the police was his visual recognition of the gun I was handling. I'm a large guy (6'-2", 250 pounds) and I watched three cops struggle with this guy. My 5'-2" wife was not amused. She is, though, an excellent shot, and likes to practice so that she wouldn't be unsure of how to handle a weapon under such circumstances. Firearms are used over 2 million times by civilians in the U.S. every year to deter or end violent or potentially violent episodes. Roughly half of the 10,000 people murdered each year in the country (many, many fewer than are killed by, say, negligent drivers) are killed by guns - up against nearly 100,000,000 guns owned. That's less than one hundredth of one percent of those guns - and the vast majority are those that are involved in crime are possessed and/or carried illegally anyway. The other tens of millions of legally owned, and regularly used guns are scarcely purchased to go out and kill people. Get a sense of porportion here. If you're really worried about destructive things that people buy, with which they then kill people, worry about knives. Two deaths here in my county in just the last couple of weeks - idiots (students!) killing people with knives over things like who spat at who. Incredible - and certainly no po

      --
      Don't disappoint your bird dog. Go to the range.
    12. Re:ANYTHING can be used to commit a crime by RexRhino · · Score: 1

      The difference is that you cannot PROVE that eDockey intended the software for illegal purposes. And how the law is supposed to work (yeah, it is not how it works any more), we are supposed to give eDonkey every benifit of the doubt that they intended the service to be used legally, unless you provide solid evidence otherwise (tape recordings of conversations, emails, chat transcripts, personal notes).

    13. Re:ANYTHING can be used to commit a crime by ScentCone · · Score: 1

      True. In Grokster's case, of course, there was ample proof of their deliberate intention to support infringment (and infringers). I would imagine that anyone putting together a new P2P client/system would go to a lot of trouble to document (a la in their charter, etc), and on every scrap of information that they produce, and on every screen that they render, that they strictly forbid use of the platform/tools for infringing purposes. That would make any suit re: inducement much more likely to be thrown right out.

      --
      Don't disappoint your bird dog. Go to the range.
    14. Re:ANYTHING can be used to commit a crime by soft_guy · · Score: 1

      Well, OK, you can use a gun to kill animals too. I personally like animals and don't want to have anything to do with killing them.

      --
      Avoid Missing Ball for High Score
    15. Re:ANYTHING can be used to commit a crime by ScentCone · · Score: 1

      So, you can't imagine any circumstance (say, on your private property) where an animal or group of animals you care about was being threatened? Whether by man or beast? So, do you care so much about animals that if your own favorite animal was being cornered by a rabid badger, you'd love the rabid badger too much to hurt it? How about your collection of milk-providing goats, being regularly slaughtered by coyotes? How about a suburbanized bobcat killing the chickens from wich you get your eggs?

      Do you love deer so much that you want them to live in hugely over populated numbers to the point where they destroy all of the sustainable grazing plants that could support them, thus leading to massive, miserable die-offs in the winter, and even more incursion of into roads and back yards?

      But more importantly, do you love family and friends so little that you can't imagine ever wanting to prevent them from being harmed?

      --
      Don't disappoint your bird dog. Go to the range.
    16. Re:ANYTHING can be used to commit a crime by soft_guy · · Score: 1

      I live in an apartment with one Betta fish.

      --
      Avoid Missing Ball for High Score
    17. Re:ANYTHING can be used to commit a crime by ScentCone · · Score: 1

      Which explains the conclusions you're drawing about how others can or should use what tools for what tasks.

      --
      Don't disappoint your bird dog. Go to the range.
    18. Re:ANYTHING can be used to commit a crime by shark72 · · Score: 1

      "The difference is that you cannot PROVE that eDockey intended the software for illegal purposes. And how the law is supposed to work (yeah, it is not how it works any more), we are supposed to give eDonkey every benifit of the doubt that they intended the service to be used legally, unless you provide solid evidence otherwise (tape recordings of conversations, emails, chat transcripts, personal notes)."

      That's a popularly held understanding, but it's not necessarily true. There's circumstantial evidence, and there's also the legal concept known as prima facie. And, there's what's colloquially known as the "laugh test." In short, the courts will often declare something to be a duck if it looks, acts, walks and talks like a duck, even if there's no signed "I am a duck" confession.

      I worked with the guy who wrote the first version of eDonkey during its early months of operation. He's anything but stupid. P2P piracy was in full swing then, and if he were to try to get into the witness stand today and claim that he didn't know that eDonkey would be used primarily for piracy, that he didn't intend it to be used for piracy, or that he didn't intend to profit from piracy (eDonkey has had ads from the beginning), he would quite simply be laughed at. There's way too much circumstantial evidence to allow him to try to pull a fast one and claim that he was entirely naive to the existence of P2P piracy at the time. If you wouldn't buy such a ridiculous story, you can bet that the courts wouldn't, either.

      --
      Sitting in my day care, the art is decopainted.
    19. Re:ANYTHING can be used to commit a crime by Anonymous Coward · · Score: 0

      Things do not break laws. Corporations do not even break laws. Only people can.

      Funny you should say that, because as it turns out, corporations are people too.

    20. Re:ANYTHING can be used to commit a crime by Anonymous Coward · · Score: 0

      We need to stop blaming tools for the actions of people. It's not the drug's fault that you're stoned. It's that you decided to consume it. It's not the gun's fault that you murdered somebody. You decided to shoot it. This hellbent determination to excuse the actions of individuals by blaming their bad decision making on tools or circumstances has got to end at some point, or our tangled web of indulging and empathetic laws will result in a soup of legal abstractness that makes it impossible for anybody to ever do anything wrong. It will always go back to being the fault of some company that manufactured some product or tool that enabled a person to commit a crime, and since the corporation as a peopleless legal entity will be held responsible, we end up with a legal system in which individual people are never responsible for anything. That's going to suck.

      If you'd been paying attention, you'd realize that this isn't the problem at all. It's not that people won't be held accountable for their actions, it's that rich people and big corporations are able to see to it that poor people and small companies are held liable for interfering with their profits. RIAA et al don't give a damn whether you're a small startup with a new product that happens to bring in unwanted competition or a 13 year old girl who simply didn't know any better, they will throw so many lawyers at you that you'll have lost your case financially before ever having a day in court.

      Your gun and pot analogies have the wrong context. We all know that the vast majority of us would be quickly convicted and thrown in jail if we were caught doing drugs or killing people. The implication here isn't that we'll all suddenly be able to blame gun and drug dealers for our crimes, it's that very rich people and very large corporations have the financial ability to walk all over the laws and rights of everyone else.

    21. Re:ANYTHING can be used to commit a crime by lhorn · · Score: 1

      The societies described by Orwell (1984) and Kafka (The Process) was in my opinion scary because there was no way to be sure you was truly innocent of all crime, because the definition of a crime was unclear.

      This ruling seens to me a step in the same direction...

      --
      accept no limits but time
    22. Re:ANYTHING can be used to commit a crime by stlhawkeye · · Score: 1
      Shoplifting a candybar is not theft? I'm not sure I understand that, even though I otherwise agree with pretty much everything you've said.

      It is theft. It's not a criminal offense.

      --
      "I have never won a debate with an ignorant person." -Ali ibn Abi Talib
  20. Hooray... by mc900ftjesus · · Score: 5, Funny

    Rich people win again!!! I like rich people because they're better than the rest of us. I think they should always get their way, because rich people are just better genetic material, it's true, ask them. The government knows it, it's just a matter of time before the rest of us catch on.

    There only needs to be one corporation: MicroHaliRIMPAADellAppleMartopoly. And it will pay regular people the same wages, but rich people will get more. And it will know what we're doing at all times (to thwart terrorists) and have total control of all media. Like real communism (not ideal communism). Kind of like what's happening now, but without hiding the fact that regular people are getting shit on.

    1. Re:Hooray... by TheReal_BarkMan · · Score: 1

      That name is far too long and hard to pronounce.
       
            Umbrella Corp. is available...

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

      ... two by two, hands of blue.

  21. Thanks God they allowed digital... by saigon_from_europe · · Score: 2, Interesting

    When I see how eagerly RIAA tries to prevent unpreventable evolution (i.e. P2P networks) I wander, if RIAA was so active couple of decades ago, they would probably try to ban digital coding of information, since it is now their main source of problems. I could bet that they cry for those old times when vinil was one and only. There was no sub-50$ vinil-burner then.

    --
    No sig today.
    1. Re:Thanks God they allowed digital... by mrtroy · · Score: 1

      When I see how eagerly RIAA tries to prevent unpreventable evolution

      See subject...

      You sound like a man that knows that evolution is an incorrect theory that should not be taught in schools.

      GOD IMPROVES TECHNOLOGY MAN...GOD

      --
      [I can picture a world without war, without hate. I can picture us attacking that world, because they'd never expect it]
    2. Re:Thanks God they allowed digital... by KeithIrwin · · Score: 1

      Actually, they didn't -allow- digital, they shoved it down consumer's throats. CDs were cheaper to press and were selling at higher prices than LPs, so the record companies wanted consumers to switch. But when CDs were first introduced, CD players cost hundreds of dollars and record players were fairly cheap. As a result, only a few hifi types were switching over.

      Record stores work on a different model than many stores. They don't have to buy the records outright. Instead they can buy them, but if they don't sell, they can return them to the record company and get the money back. (Book stores use a similar model as well.) However, the record companies wanted people to buy CDs and not vinyl. So they stopped accepting returns on vinyl. This meant that if a record store was going to get some vinyl records from a distributor, they had to be highly certain that the records would sell. But with CDs, they didn't have to worry. As a result, in just a few years time, the "record store" was replaced by the "CD and tape store" which later became the "CD store".

      We don't have CDs because consumers demanded them. We have them because the record labels forced them on record stores. Now, having made their bed, they're unhappy with it. Any problems which the record companies are having with file sharing, they should blame significantly on their startling lack of foresight. They told us that we should buy CDs specifically -because- we could make flawless copies of them. Then, when we do it, they get go run to congress in a tizzy.

      Keith

  22. Great model for Republican legislation by laupsavid · · Score: 0, Flamebait

    I'm sure our Republican Congressmen are thinking how great the Grokster legislation is working, then, and will use it as a model for many other situations where they want to make it impossible for new businesses to compete with old ones. I think at this rate, in 20 years or so the US economy will be on par with places like Serbia or Mongolia.

    1. Re:Great model for Republican legislation by Anonymous Coward · · Score: 0

      Mongolia's economy has been growing rapidly. I think if they have their way we will have to welcome our new Mongolian nomadic shepherd overlords.

    2. Re:Great model for Republican legislation by Schizod · · Score: 1

      I'm sure those rebulicans are doing everything they can to help Hollywood and all the pop stars. Those are 2 of the republicans biggest supporters.

    3. Re:Great model for Republican legislation by deathy_epl+ccs · · Score: 1

      Bribes are bribes, man, a politician doesn't care if a COMMUNIST bribes him, as long as his money's green.

  23. The P2P Revolution by kianu7 · · Score: 1, Interesting
    In the earlier days of the internet, trading warez was reserved for those with the right connections and technical know-how. The Peer-to-Peer revolution has changed all that. In the last couple of years, sharing music, movies, warez, etc. has become something that can be enjoyed by everyone...even the numbnut next door.

    We may very well be on the brink of returning to the earlier days. Fewer companies and/or individuals will be willing to put their name on a P2P product thus opening themselves up to this type of expensive litigation.

    "The days are growing darker." "The board is set, and the pieces are moving."

    1. Re:The P2P Revolution by cyber0ne · · Score: 3, Funny

      We may very well be on the brink of returning to the earlier days.

      The internet of 1997 with the connection speeds of 2005? Sign me up!

      Obligatory responses to this include multiple variations of:
      Me too!!1!

      --
      http://publicvoidlife.blogspot.com
    2. Re:The P2P Revolution by nurb432 · · Score: 1

      Except that going back to 'the old days' also kills the honest use of P2P concepts for the average joe, and small company who sees the advantages of that form of distribution.

      Oh, and dont forget the increased invasion of your rights..

      You need to think beyond your little world.. and see the REAL ramifications of what is going on.

      --
      ---- Booth was a patriot ----
    3. Re:The P2P Revolution by fabioaquotte · · Score: 1

      Me too!!1!

      --
      Fabio Aquotte
  24. Another Setback for US Technology by Cranst0n · · Score: 1

    All things considered, and adding in that some Senators are talking about eventually outlawing file sharing at all, ITs no wonder that the US is not the innovative/technologial leader it once was, and things are now looking even worse.

    Why sholud I try to come up with something when I know it will wind up bringing me to court from some other company? US Capitalism is slowly turning into communism. :(

    --
    Just realise the reality of the situation..... There is no reality.
    1. Re:Another Setback for US Technology by ScentCone · · Score: 1

      Why sholud I try to come up with something when I know it will wind up bringing me to court from some other company? US Capitalism is slowly turning into communism. :(

      I don't think "communism" means what you think it means.

      Regardless, there are thousands of small companies started every year. Most fail, usually because of poor management, overly optimisitic forecasts, and undercapitalization. But all sorts of small companies start, grow, and thrive in this country. Some end up buying out older companies, or merging with them, or just putting the older ones out of business. It depends on whether people with money to invest are impressed enough with the business plan. Simple as that.

      It's worth mentioning that small businesses sue both large, and other small businesses too - sometimes such suits are their business. But communism? Hardly. I don't see any taken-over-by-the-state, or productive people give up all of their output to non-productive people issues (um, other than taxes) at work in this particular topic.

      --
      Don't disappoint your bird dog. Go to the range.
    2. Re:Another Setback for US Technology by B11 · · Score: 1
      At the risk of being modded down, I must say that this adminstration, congress, and the courts have some kind of adversion to any technology more advanced than an abacus. I mean, they aren't doing much to support alternative fuels (big surprise, I know), they're letting advances in biotechnology happen elsewhere, and now any sort of innovation in p2p is also going to go off-shore. Is the Republican/Neo-conservative agenda really that important that they are willing to sacrifice our future on it?

      What happened to us? We were the country that put a man on the moon!

      --
      insert inflammatory anti-microsoft comment here
    3. Re:Another Setback for US Technology by Anonymous Coward · · Score: 0

      I don't see ... productive people giv[ing] up all of their output to non-productive people issues

      What about people who have vast wealth and live off the interest of their investments? These non-producers live off corporate profits. Corporate profit comes from the output of productive workers. When your money is "working for you", it really means someone else is.

    4. Re:Another Setback for US Technology by ScentCone · · Score: 1

      When your money is "working for you", it really means someone else is.

      You're right, but not in the way you think you are.

      When you have wealth, that gets you nothing unless you put it to work. The way that's done is through investment. That capital goes towards the formation and growth of businesses, and that's where jobs come from. Yes, someone else is working, but in most cases, they're working at jobs that wouldn't exist without that investment.

      --
      Don't disappoint your bird dog. Go to the range.
    5. Re:Another Setback for US Technology by Winterblink · · Score: 1

      Explain to me what's so innovative about creating a new file sharing network?

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
    6. Re:Another Setback for US Technology by Cranst0n · · Score: 1

      All depends on content and delivery systems. You could use a new compression scheme or deleivery scheme that you had come up with that works better/faster/simpler. The idea being is that you limit one area you wind up limiting all.

      --
      Just realise the reality of the situation..... There is no reality.
    7. Re:Another Setback for US Technology by Winterblink · · Score: 1

      Interesting, but (using your examples) you could develop items like those without needing to code a file sharing program. And truthfully, it would benefit the rest of the big amorphous thing that is IT more if they were developed separately, since the technology isn't dependent on anything else.

      --
      "I'm a leaf on the wind. Watch how I soar."
      -Hoban Washburn
    8. Re:Another Setback for US Technology by Cranst0n · · Score: 1

      The thing is, using a file swaping system is the easiest way to show how they work, and how well they work. Sure you could program it for say media delivery (AKA WinAmp/Windows Media), to work with an open standard, but it would take longer and be tougher to get people to switch.

      --
      Just realise the reality of the situation..... There is no reality.
    9. Re:Another Setback for US Technology by Anonymous Coward · · Score: 0

      That capital goes towards the formation and growth of businesses, and that's where jobs come from.

      Jobs come from the availability of exploitable resources, from raw materials to labor, combined with a plan to exploit those resources. Capital investment is a lubricant for this process, not the source. (Note, my use of the term "exploit" here is not intended to have negative connotations.)

      Yes, someone else is working, but in most cases, they're working at jobs that wouldn't exist without that investment.

      Sustainable jobs require profitability, which comes from efficient resource exploitation. Again, capital is a lubricant for this process, not the source of it.

  25. "Justice" In Today's World by nurb432 · · Score: 1, Troll

    He who has the bigger pocket book gets justice. He that doesn't, gets the shaft. its got nothing to do with justice, right or wrong, or even the law anymore.

    Dear citizens, we have lost.

    --
    ---- Booth was a patriot ----
    1. Re:"Justice" In Today's World by Thalagyrt · · Score: 1
      I don't know how you got modded troll, because honestly, this is what's happening in the US today.

      Corporations are picking on 12 year old girls, there's a new bill that if passed will allow the FCC and such to snoop on every bit of data going through the internet, and we're throwing away basic freedoms that our country was founded on in order to "stop terrorism." I'm sure most of you have read the PATRIOT act, and realized how scary it truly is. Now we're looking to expand on that even more? Welcome to the People's Republic of America, folks.

      I'm dead serious, if we don't get our act together I'm going to move to Canada or Australia, and I'm sure I'm not the only person here who's thinking that.

      --
      Buffalo buffalo Buffalo buffalo buffalo buffalo Buffalo buffalo!
    2. Re:"Justice" In Today's World by east+coast · · Score: 1

      we're throwing away basic freedoms that our country was founded on in order to "stop terrorism." I'm sure most of you have read the PATRIOT act

      Yeah, because the DMCA has nothing to do with this. Let's at least stay on topic.

      I'm dead serious, if we don't get our act together I'm going to move to Canada or Australia, and I'm sure I'm not the only person here who's thinking that.

      I heard a lot of this talk when Bush was up for re-election. I wonder how many left for other countries after making a claim like this. Believe me, this is a pretty hollow form of protest (claiming to take action and quietly sitting back once the battle has been lost). And from what I've heard here on /. Australia is in worse shape than we are when it comes to IP rights. I'll be honest enough to tell you that I don't know how true that is but I hear it being said over and over.

      In the fight for IP rights don't think that moving away is going to help your cause, perhaps for a very short season but I can tell you with absolute confidence that corporate interests take the place of human rights in nearly every country and I can not think of a single industialized nation where this isn't true ultimatly. We may win a fight or two but the overall victors will be those with the cas to back it up.

      --
      Dedicated Cthulhu Cultist since 4523 BC.
  26. Too bad Congress doesn't care by Gothmolly · · Score: 1, Funny

    This is the sort of thing a 12 year old kid says, when he doesn't get picked for the football team. Cries of "no fair" and "we know we're right but The Man is out to get us" won't stir any sympathy, since Congress is either 1)technologically clueless (since only terrorists do P2P) or 2)in the ??AA's pocket (since P2P = theft). Nobody is going to lose sleep over this.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:Too bad Congress doesn't care by Spad · · Score: 1

      Can't it be 1 and 2?

  27. Business plans aren't always obvious by lheal · · Score: 5, Insightful
    Whether or not his business plans hinged on ease of infringement to gain popularity -- if he didn't promote it, and if he didn't distribute eDonkey with the expressed intent of promoting illegal filesharing, then he would not lose the case.

    Suppose a for-profit hospital sets up a clinic in a high-crime area, despite the difficulty of operating a business there. Their business plan calls for them to make money from the crimes of their customer base. They report the evidence of crimes they find, but they can't police the neighborhood.

    A pawn shop in that same neighborhood sells guns and ammo, despite the difficulty of operating a business there. Their business plan calls for them to make money from the crimes of their customer base. They report the evidence of crimes they find, but they can't police the neighborhood.

    What do both of those businesses have in common? They both make crime more convenient. One sells the supplies, the other wipes up the mess (so you are less likely to die if your victim fights back). Both businesses serve the perps and the victims, and both discriminate as best they can between them.

    What do they have in common with EDonkey? Either they all need to be shut down for capitalizing on human frailty, or none of them do.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
    1. Re:Business plans aren't always obvious by Red+Flayer · · Score: 2, Interesting

      I'm not sure I'd take it so far -- but the concept is the same. Does the hospital promote violence to increase its bottom line? Does the pawn shop promote theft to increase profits? If so, the hospital or pawn shop would be guilty of a crime.

      Whether or not the businesses profit from illegal activity is irrelevant to this case. What matters is if they promote illegal activity.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    2. Re:Business plans aren't always obvious by Cyn · · Score: 1

      Wait, a *possible* criminal will say "eh, screw it, there's a hospital nearby" and shoot someone they otherwise wouldn't have? If people thought about the consequences of their actions, a lot fewer guns would be fired - so that's simply not the case.

      Similarly, people won't feel more likely to stroll down the street in the high crime area advertising their possessions because "well, there's that nice hospital close by to save my life in case I get shot."

      I'm sorry - even if the hospital is out to make a buck, unless they're also dealing guns or something - I don't see how they're affecting the crime rate. They might even reduce it by bringing in some legitimate jobs.

      The pawn shop, yeah - the ammo could easily be construed as a facilitator. The guns, unless they're skipping background checks - still yes, but not nearly as much so (convenience doesn't enter into it *that* much since you just need the one gun).

      What were we talking about again? eDonkey doesn't kill people, guns do.

      --
      cyn, free software and *nix operating systems enthusiast.
    3. Re:Business plans aren't always obvious by BorgCopyeditor · · Score: 1
      Wait, a *possible* criminal will say "eh, screw it, there's a hospital nearby" and shoot someone they otherwise wouldn't have? If people thought about the consequences of their actions, a lot fewer guns would be fired - so that's simply not the case.

      I don't think the analogy is terribly good, but here's my attempt to defend it, not in terms of individual decision-makers, but in aggregate terms:

      If there is no hospital to "clean up the mess," the streets will fill with dead bodies or visibly injured or crippled people. This will eventually be intolerable to the majority of people and they may take stronger steps to fight against those who fill their streets with broken bodies, thereby raising the opportunity costs for potential criminals. In the end, perhaps, crime goes down because there are no hospitals.

      I don't know if even I believe this, but I thought I'd give it a shot.

      --
      Shop as usual. And avoid panic buying.
    4. Re:Business plans aren't always obvious by lheal · · Score: 1

      It's not about criminals planning to get patched up after they get injured on the job. It's the actual effect of them getting patched up. They're free then to go pillage some more.

      Does having a hostpital encourage crime? Doubtful, except in the limited sense above. Do they profit from crime? Yes. Sure, there's more money in the suburbs, but that's not the point.

      Profiting from crime and encouraging it are two different things. One is legal as breathing, the other is not.

      And guns don't kill people; people kill people. Take away the guns, and people will use knives, or Drano, or 9.8m/s^2.

      --
      Raise your children as if you were teaching them to raise your grandchildren, because you are.
    5. Re:Business plans aren't always obvious by crabpeople · · Score: 1

      "What do they have in common with EDonkey? Either they all need to be shut down for capitalizing on human frailty, or none of them do."

      k but the "victims" here are corporations not people. corporations are have no morals, they respect money. thats all. this is where your analogy falls apart. not to mention the fact that jus because someone breaks the law, doesnt make the law right. Media corps deserve no respect. if you can't agree on that, then i dont think i can see eye to eye with you.

      --
      I'll just use my special getting high powers one more time...
    6. Re:Business plans aren't always obvious by Tim+C · · Score: 1

      If the hospital is drumming up trade with an advertising campaign along the lines of "Don't worry! Do your worst! We'll patch 'em back up!" or by actively harming people, or the pawn shop is advertising weapons with slogans along the lines of "Life was never so cheap" or "We'll supply the ammo, you supply the vengeance" then yes, they should face the consequences. Similarly, if eDonkey was advertised with campaigns along the lines of "Still paying for music? Chump! Download all the Top 10 tunes for free!", it too should face the consequences.

      I do agree that this is a worrying precedent though; how long before it's actually illegal to rip legally-owned CDs to mp3 for my iRiver? (Oh wait, I forgot - it technically already is in the UK)

    7. Re:Business plans aren't always obvious by douceur · · Score: 1

      Do you really believe that if the average person was unable to own a gun there would be as many murders as there are now? That is, would the number of murders by knife really equal the number of murders by gun? I think not.

    8. Re:Business plans aren't always obvious by lheal · · Score: 1

      In places where guns are outlawed, there is no decrease in the number of murder by guns, much less in the murder rate as a whole. Violent crime rises when the average Joe or Jane can't carry, and decreases when he or she can.

      The bigger issue is not the practical effect of the freedom to keep and bear arms, it's the philosophical point. Who is responsible for your freedom, you or the government? If it's the government, then you are not free at all. You may be safe, but you won't be free.

      --
      Raise your children as if you were teaching them to raise your grandchildren, because you are.
    9. Re:Business plans aren't always obvious by douceur · · Score: 1

      Do you have a reference to back that up? I'm not implying that you're wrong, but I'd be interested to see the numbers.

      As to your second paragraph, that's certainly one point of view, but I disagree with its practicality. It's rather naive to believe that every person can guarantee--or better yet, should be able to guarantee--his own freedom. The world and those in it are simply too selfish for that. It's simple social contract theory.

      So the question is what would you prefer (assuming, of course, that I'm not free as the world is now, which I disagree with regardless)? You find me a better system. Good luck.

    10. Re:Business plans aren't always obvious by CaseOfThaMondays · · Score: 1

      "In places where guns are outlawed, there is no decrease in the number of murder by guns, much less in the murder rate as a whole. Violent crime rises when the average Joe or Jane can't carry, and decreases when he or she can."-lheal

      Im not so sure its that simple. Japan has some very strict gun laws, pretty much no one is allowed to have a gun. murder there is far below the US. however switzerland has very lax gun laws, many people have automatic weapons in their homes, and murder there is about the same as Japan. Canada is slightly more strict than the US, but has much lower gun crime rates, and here in the US, we have relatily relaxed gun laws, and high gun crime rates. for some reason we have more crime than switzerland and japan, and canada, but we are the upper middle ground of gun control(lax, but not the most lax).

      my point is, gun crime is not related to gun laws. IMO gun crime is related to culture. Here in the US we glorify violence and guns, and we pay for it in high crime. many people see movies like Scareface and think "i wanna be like that". where Japan is heavily against violence and guns, and their crime is very low. in Japan, the few that are allowed guns are not allowed, in any way, to do something that might glorify the gun(such as modifications like custom handles and what not). when people commit murder, or are thinking about commiting murder, they arent really thinking about the law. so, to say murder is realted to laws, or gun control, is kinda over simplistic to me. if you feel you NEED to kill someone, you will find a way. the question is, "what makes you feel you NEED to kill someone?"

      most crime is a result of culture, not law. when you're commiting a crime, the law is the last thing on your mind.

      --
      thats pretty much my best post ever. I spent like 3 hours typing it.
    11. Re:Business plans aren't always obvious by Cyn · · Score: 1

      Interesting point, but are they scaled?

      Let's look at some Population rankings

      USA
          - Population: 295,734,134
      Japan
          - Population: 127,417,244
      Switzerland
          - Population: 7,489,370
      Canada
          - Population: 32,805,041

      Good lord, Japan really *is* packed to the brim.

      --
      cyn, free software and *nix operating systems enthusiast.
  28. I wonder if by zappepcs · · Score: 3, Interesting

    this is just a case of proving that the *AA really are bullying? If you can't afford to fight them (or just claim it) isn't that bad press for the *AA? Isn't this proof that they are attempting to rule what innovations should be allowed and which shouldn't? Doesn't this demonstrate that you can have a business or technology as long as it doesn't harm anyone else? at least not those with 150 year copyrights (even if your business isnt't designed to ruin them). Wow, those poor folk that owned train businesses! And those bad people that built horse drawn wagons. They got put out of business... shouldn't we pay their families restitution? .... Seems to me that this is the pinnacle of why software patents, DRMing, and such are stiffling innovation, and using monopolistic business practices.

  29. The Game Is Nearly Over by blueZhift · · Score: 3, Insightful

    As others have already posted, the p2p scene is only going to be pushed further underground now. Laws and lawsuits are not going to stop the swapping of copyright protected materials and of course the commercial pirates won't be stopped either. That being said, I think that p2p will disappear from the political landscape because anyone with a high profile service is going to be sued out of existence right away, leaving only the largely invisible underground.

    Out of sight is out of mind! *AA will declare victory since there's no point in chasing ghosts (as long as they keep quiet). And the politicians will also declare victory since there is no political hay to be made railing against something that's largely invisible and too technical for ordinary folks to care about. So if everyone is patient, the game will soon be over and those in the know can return to their regularly scheduled filesharing, legal and otherwise.

    1. Re:The Game Is Nearly Over by happyfrogcow · · Score: 1
      Out of sight is out of mind! *AA will declare victory since there's no point in chasing ghosts (as long as they keep quiet).

      No, they wont declare victory. They need someone to fight, someone to declare the enemy. They need "piracy" as an excuse to raise prices. Otherwise, they only have bad products as an excuse for slimmer profits.

    2. Re:The Game Is Nearly Over by gorbachev · · Score: 2, Insightful

      The game is nowhere near over.

      It'll be over when either of the two following scenarios come true.

      1. RI/MPAA tightens their control over the US politicians and more draconian laws get passed making potential IP violations federal felony offenses. The private prison industry experiences double-digit growth numbers year after year. Shareholders of content owners and private prison industries make a killing in the stock market.

      2. Massive civil disobedience finally changes the political landscape and US politicians stop catering their campaign donators as the courts are completely overloaded with IP lawsuits against 25% of the US population. IP laws will slowly stop being enforced and/or overturned by legislators.

      Obviously neither scenario will ever come true, and we'll be stuck in the middle fighting until hell freezes over.

      There will be watershed events in the RI/MPAA war on 12-year-olds that will temporarily shift the fight more towards either one of these scenarios.

      --
      In Soviet Russia, I ruled you
    3. Re:The Game Is Nearly Over by Khalid · · Score: 1

      RI/MPAA tightens their control over the US politicians and more draconian laws get passed making potential IP violations federal felony offenses. The private prison industry experiences double-digit growth numbers year after year. Shareholders of content owners and private prison industries make a killing in the stock market.

      I don't think this will ever happen, laws which are too harsh are never enforced, there is a basic principle in every judiciary (and democratic I might add) system is that the sanction must be proportional to the fault.

  30. This reinforces the scary big-bully attitude by toofast · · Score: 3, Insightful

    Small companies are bullied out of business because they can't afford to prove your point, although they haven't done anything wrong.

    Sad.

  31. The EndSolution by N3wsByt3 · · Score: 1

    "I've seen my neighbors kids come over with CD's of burned software that they got "for free" from Kazaa. They put me at risk that way. I don't want that crap installed on my computer so I can be their next target and example."

    You know what? Maybe you should snitch on those kids, and turn them over to the *IAA and police as the 'little criminals' they are! If you are sycophant enough, maybe you'll even get payed by the *IAA for snitching on your neighbours (and their kids). People in facist states have done that before, sometimes with considerable succes!

    Surely you will put your conscience at ease, knowing it's for the brats' own good; thanks to you, they will know that they are stealing the bread between the artists' teeth every time they download a song!

    --
    --- "To pee or not to pee, that is the question." ---
  32. That might not help for long by msobkow · · Score: 2, Interesting

    Going offshore isn't much protection if the US gets their way:

    http://news.zdnet.co.uk/business/legal/0,39020651, 39220179,00.htm

    Microsoft, *IAA, etc. know they can't win against offshore firms and open source under the current global legal system. They're pushing hard to have US laws (and presumably the US patent/copyright databases) applied globally.

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:That might not help for long by gstoddart · · Score: 1
      Microsoft, *IAA, etc. know they can't win against offshore firms and open source under the current global legal system. They're pushing hard to have US laws (and presumably the US patent/copyright databases) applied globally.

      And the rest of us are pushing back as hard as we can possibly manage.
      --
      Lost at C:>. Found at C.
  33. Corruption is the global standard by jimbro2k · · Score: 1

    It's what the US Congress, the Chinese Central Committee and the Russian Mafia have as their common link. Fortunately they currently see each other as rivals.
    Just wait until they form a cartel and start working more closely together.

    --
    There is not nearly enough love in the world, but there is far too much trust.
  34. Comment removed by account_deleted · · Score: 4, Insightful

    Comment removed based on user account deletion

  35. Why congress might care. by phriedom · · Score: 2, Interesting

    Exporting US culture is a pretty important part of the US economy and, less- tangibley, our politics. It is actually really important for the future of our country that Chinese and Indian people want to listen to Snoop-Dogg on their iPod and drink a Pepsi or a Coke and wear Levi's or Wrangler's or FUBU and Nike or Sketcher and watch Baywatch or The Dukes of Hazzard. And the Movies and Music are a really important part of that. It influences what the world thinks of the US.

    If the RIAA and/or MPAA are allowed to kill their competition in the US, they will drive the innovation off-shore, and possibly make themselves obsolete.

    We don't want the Chinese and Indians watching each other's movies and listening to each other's music. We want them craving all things American.

    --
    Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    1. Re:Why congress might care. by Castar · · Score: 2, Interesting

      How long is this going to be the case, though?

      It used to be a great thing for the US that our companies were successful overseas. More sales means more pay for the workers back home, and more taxes for the government. Everyone benefits!

      Now, however, very little production is done in the US. only a small proportion of a multinational corporation's jobs are in this country. And with tax cuts and corporate welfare, they might be getting more from the government than they're getting.

      Currently, the biggest ties we have to the corporations are as customers. The US still buys a lot of stuff, and so they have to keep us happy. What will happen, though, when China has as much disposable income? Will those corporations stick around out of loyalty, or will we see all of our investment as a country moving elsewhere?

      There will come a point where corporations start transcending national power. Governments are ceding more and more control and power away, and it will come back to bite them in the future. We're already seeing companies like Yahoo! disregarding US values and laws in their dealings. What if it were Lockheed Martin dealing with North Korea?

      Granted, this might not happen for a while. But before we sell our laws and resources to companies, we should think about the long-term. Will they still care about us once they can't make money from us?

      --
      I yearn for you tragically. A. T. Tappman, Chaplain, U.S. Army.
  36. Goodbye E-Donkey by sweetnjguy29 · · Score: 2, Funny

    I for one say goodbye to our E-Donkey overlords...and welcome our new congressional overlords into our bedrooms. *sigh* Can't I trade porn in peace?

    1. Re:Goodbye E-Donkey by Profane+Motherfucker · · Score: 1

      Usenet?

  37. Most Important Point/Take Home Message by Bodysurf · · Score: 3, Insightful

    "Another way to raise barriers is through expensive litigation. The cost of going to court is so high that it easily can sap away the assets a young company. This is why it is such an effective tool for large corporations with deep pockets. Suits, even under the most frivolous conditions, can foist debilitating legal expenses on any potential contender without a hundred million dollars in venture backing (and even then as the original MP3.com - who had $300 million in backing - found out before it went out of business)."

    The only way to combat the frivilous lawsuit is to be anonymous. Never let them find out who you are. Frivilous lawsuits can't really punish the person whose identity isn't known.

    1. Re:Most Important Point/Take Home Message by Anonymous Coward · · Score: 0

      Only terrorists want to be anonymous.

  38. And in other news... by Ingolfke · · Score: 2, Insightful

    a member of congress is overheard asking another congresswoman, "Who is this guy and how much did he contribute to my campaign?"

  39. The Point by Hershmire · · Score: 2, Interesting

    I think most every poster has missed the point here. The eDonkey people are making this claim in front of Congress to show them how the new court ruling/laws stifle the free market* in a certain area sector. If you are unable to start a business because you can't afford the legal costs to prove that what your business does is not illegal, then something is seriously broken. eDonkey is using this opportunity to say exactly that.

    Innocent until proven what?

    *Tangent: Does it not seem obvious that the RIAA is trying to pass blanket laws to kill "unauthorised" content providers, even if they are legit, in order to continue their monopoly? Aside from iTunes, they are the only ones who can afford to prove that yet-nonexistant music service is legit.

    --
    if(!toilet_paper) roll.replace(new roll); //Stupid roommates.
    1. Re:The Point by stubear · · Score: 1

      P2P services are NOT content providers, they are content distributors that bypass the content providers cut of the pie. The RIAA, or atleast their member companies, are the content providers.

    2. Re:The Point by deathy_epl+ccs · · Score: 1

      You missed the point, Stu. The RIAA's greater fear is that with these new methods of distribution, the MUSICIANS won't need them in the future (and many already don't). Their ultimate fear is not money lost to piracy, it is the complete loss of their control of the market.

      It's pretty common knowledge that for almost all professional musicians, album sales are NOT where the money is... touring is where the money is. So, to a musician, giving away the music will encourage people to see him in concert or perhaps he'll hook up with iTunes and get a much larger cut of his sales.

      The piracy thing is a red herring, but the RIAA has spent so much time pretending to fear the red herring that I believe many of them have fallen for their own propaganda.

    3. Re:The Point by stubear · · Score: 2, Interesting

      I didn't miss the point at all. Musicians are not benefitting from P2P, consumers are. P2P has no mechanism for limited dstribution of IP, period. Musicians will start by distributing a few songs on P2P in hopes of getting listenres interested and direct them to their website to purchae the album. Great so far, but the same mechanism which allows users to pirate music wholesale from the RIAA member companies will allow users to pirate wholesale the music from the musicians except the musicians will have even less clout to protect their work.

    4. Re:The Point by meringuoid · · Score: 1
      Innocent until proven what?

      Innocent until proven proletarian.

      --
      Real Daleks don't climb stairs - they level the building.
    5. Re:The Point by RoffleTheWaffle · · Score: 2, Interesting

      Good point on your tangent. Very good point as a matter of fact, and I'm glad you brought that up. That does seem exceedingly suspicious, that the RIAA and MPAA would go so far out of their way to ensure P2P technologies are soon made history, considering the known advantages and benefits they could reap from these technologies and products.

      With networking technology evolving by leaps and bounds and internet connection speeds skyrocketing, P2P technology has become a feasible substitute for actual publishing, with plenty of other added perks. It has already been proven time and again that piracy is not the cause of the financial woes that afflict the RIAA and MPAA, but rather, they are caused by sagging sales due to the slowing rate at which new content is released, and a sharp decline in the quality and diversity of said content. In fact, it has been strongly indicated on repeated occasions that people who partake in filesharing services are much more likely to purchase music and movies. (And as if that isn't enough, if my memory serves me well, didn't Warner Brothers or some other corporation recently begin collecting data from P2P networks as a marketing tool?) Why then would the RIAA and MPAA shoot themselves in the foot by waging war against filesharers and the networks and programs they use?

      You already said why. It's a threat to their monopoly. The more people catch on to P2P and related technologies, the harder it's going to be for them to keep a stranglehold on the content market as a whole. Hundreds of independent artists - musicians much moreso than film makers, obviously - use P2P technology to make their content available to listeners around the world, and market their content at almost zero cost to them, for example. P2P technologies could be used to create virtual content marketplaces that enjoy the absence of publishing and marketing costs, available to customers all over the globe and free of restriction. This is the kind of screaming-in-the-night pissing-your-pants nightmare scenario that the content monopolies that make up the RIAA and MPAA - the RIAA especially - have feared for decades. Piracy is simply an all-too-convenient scapegoat for their woes, and a cover for what may very well be their real plan. Conquer filesharing, and you conquer the online content market. Make it impossible for upstarts to enter this market, and you're the only one getting a piece of the pie. Hell, you get the whole damn thing. Fattie.

      My apologies if it seems rude for me to essentially restate your point; I simply wished to elaborate on it and throw in my own two cents. It's definitely something worth considering, perhaps at the cost of sounding like a conspiracy theorist. None the less, interesting stuff.

    6. Re:The Point by Hershmire · · Score: 1

      That's close to the meaning of my tangent, but not exactly what I meant to say. I believe the RIAA knows their current business model (CDs sold in stores) is dying, but before they commit to any kind of online distribution system, they want ot make sure they are the only ones on the market. Essentially, they are ensuring they have a monopoly before they enter the market.

      Paranoia? Probably. But if I know the music industry, they'll never submit to partnering with an already-existing P2P company. They'd rather make anyone but the content producer (i.e. themselves) illegal (or too expensive to operate) whilst slowly entering the market themselves. It's sick, I tell ya, and the only way to avoid it is to stop buying the shit they produce, and pirate the good stuff.

      There, I said it. Now, go! And break the law! Do it! You can sue me later. I'll be out of the country by then.

      --
      if(!toilet_paper) roll.replace(new roll); //Stupid roommates.
    7. Re:The Point by deathy_epl+ccs · · Score: 1

      will allow users to pirate wholesale the music from the musicians except the musicians will have even less clout to protect their work

      OK, so where the musicians were making next to nothing before, they will now be making next to nothing.

      What the RIAA is afraid of is that musicians will GIVE AWAY THEIR MUSIC and make their living off of touring... because the musician's primary living is ALREADY from touring - but the RIAA's cash cow is CD sales.

      I'm not sure if you're deliberately being obtuse or not, but the musicians whose bottom line will actually be affected by P2P are few and far between...

    8. Re:The Point by evilviper · · Score: 1
      will allow users to pirate wholesale the music from the musicians except the musicians will have even less clout to protect their work.

      "clout" doesn't protect your work. Nothing does. Your argument is pure bullshit.

      Yes, artists' entire works can be made available on P2P, and that is something they will have to live with. However, even if your work is copied more, that ALSO means a lot more CD sales. Artists never wanted to be able to strong-arm their fans, forcing them to buy the CD or not listen at all, only the RECORD COMPANIES insist on doing that, only the RECORD COMPANIES' profits depend upon being able to do that. Musicans are more than happy to allow their music to be copied, because it ALSO results in more CD sales. They aren't stupid enough to insist that they are losing money because of P2P like the RIAA continues to do to mask their own failures.
      --
      Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  40. Capitalism and the mind-controlling parasites by BorgCopyeditor · · Score: 4, Insightful
    Capitalism is also what brought you all that content you're stealing.

    No, my friend. That would be workers.

    Capitalism's Big Lie is that it is responsible for production. Once upon a time, this was true: capitalism freed productive forces from the grave inefficiencies and baseless impediments of the feudal system. But now it merely does a better and better job of siphoning profits to those who own, and contributes no productivity. It serves the interests of the parasites.

    --
    Shop as usual. And avoid panic buying.
    1. Re:Capitalism and the mind-controlling parasites by einhverfr · · Score: 2, Interesting

      Capitalism's Big Lie is that it is responsible for production. Once upon a time, this was true: capitalism freed productive forces from the grave inefficiencies and baseless impediments of the feudal system. But now it merely does a better and better job of siphoning profits to those who own, and contributes no productivity. It serves the interests of the parasites.

      Ah another Modernist....

      Modernism's big lie is that we are always socially progressing to something better. This is the foundation of Marxism and I would argue that it is fundamentally wrong. In the natural world, for example, evolution is adaptive rather than progressive (i.e. animals don't keep evolving to be better and better-- they keep evolving to adapt to their environment).

      Our current economy here is based on what I call Free Market Capitalism. Free Market Capitalism actually represents in some very profound ways, the fulfillment of Marx's predictions regarding the means to production being regarded as a common good. Free Market Capitalism regards the Free Market as the most important means of production and socializes it with things such as antitrust laws, the anathema of the Big Business Capitalism that Marx wrote extensively about.

      However, I don't think that one must develop big business capitalism in order to develop free market capitalism later (the Marxian assessment). I think that the institutions of Big Business Capitalism are simply the same as free market capitalism and that the only difference is the role of government. If a feudal government moves to create and protect a free market, they can do so without going through the intermediary stage of allowing large businesses to run amok with the economy. I would argue that this is *exactly* what is happening in China at the moment (though rightly at a glacial pace).

      While you do have a point that music and other content could still be produced in a non-Capitalistic society and that it is easy in a Pre-Napster world to confuse Universal, BMG, etc. with the artists, I don't think you can generalize this to other areas of the economy. Certainly, for example, the film studios rely on a larger level of corporate infrastructure than the rock musicians, so separating, say, Dreamworks from the films they produce is not as valid as separating Universal from the music CD's they produce.

      --

      LedgerSMB: Open source Accounting/ERP
    2. Re:Capitalism and the mind-controlling parasites by BorgCopyeditor · · Score: 1
      While you do have a point that music and other content could still be produced in a non-Capitalistic society and that it is easy in a Pre-Napster world to confuse Universal, BMG, etc. with the artists, I don't think you can generalize this to other areas of the economy. Certainly, for example, the film studios rely on a larger level of corporate infrastructure than the rock musicians, so separating, say, Dreamworks from the films they produce is not as valid as separating Universal from the music CD's they produce.

      I think I see your point, but I guess my assumption is that the kinds of things for which studio capital is necessary are also goods and services made valuable through labor of one kind or another.

      About history, I surely wouldn't argue it's moving inexorably forward, like the old Soviet and Chinese ideologues. Finally, I'm not sure how what you're calling "Free Market Capitalism" represents the communalization of the means of production, but if that's the result, that would be great. :-p

      --
      Shop as usual. And avoid panic buying.
    3. Re:Capitalism and the mind-controlling parasites by idesofmarch · · Score: 2, Interesting
      "But now it merely does a better and better job of siphoning profits to those who own, and contributes no productivity."

      How short-sighted!

      You forget that "those who own" and those who "don't own" are not permanent conditions. At one time in my life, I was a worker bee. Now I own a business. I advanced because I had the incentive to do so, and there is no doubt that I am contributing more to the economy of my town than I was before. I employ people. Without capitalism and it's incentives, I would not have done that - I would have been content to be a worker bee forever, and probably eventually slacked off when the realization of the futility of trying harder really set in. Incentive in life is everything. Capitalism is the only proven economic system because it taps everyone's selfish interests, you commie.

    4. Re:Capitalism and the mind-controlling parasites by einhverfr · · Score: 1

      Finally, I'm not sure how what you're calling "Free Market Capitalism" represents the communalization of the means of production, but if that's the result, that would be great. :-p

      As much as Microsoft would like to own the "free" market in the software world, we have laws to keep this from happening. The Free Market, though intangible, is very much a common good which is managed by the government as a collective representation of the workers.

      Note that everyone who is not retired would fit this definition of "worker." A wealthy businessman is also a worker. There are those who aren't honest (Ebbers, Fastow), but such is life and we try to keep them from doing too much damage to the *market.* Marx himself hinted at such developments when he stated that the institutions of past ages don't die (something like the past laying like a nightmare on the current generation).

      Prior to the development of strong regulation to protect the free market as a common good, we had the rise of huge, extremely predatory companies. The most obvious example that comes to my mind is actually AT&T. AT&T arose to market dominance because they were able to leverage their close association with several banks to undermine their competitors. For example, competitors who AT&T wanted to acquire might suddenly find loans called in early, and when they went bankrupt, AT&T would buy them out at rock bottom prices. In the end, they were the only ones left in the market. Yet Carnegie Steel and many other examples were also common during that period.

      Because we had not learned that we had to protect the market, the workers and the consumers suffered at the hands of huge, immensely powerful corporations (things are honestly not as bad as they once were in this regard). Now we have learned that the protection not only of the worker (via labor laws) but also of the market (via antitrust laws) are vital to maintain a sustainable capitalist system. Furthermore they are vital to further developing our prosperity as a nation because as you point out, monopolistic capitalism only benefits the parasites.

      My main point is that the free market acts as an intangible means of production in that if there is a market for something, we can expect that someone will produce it. And that it has been effectively socialized in that we prevent it from being owned by private entities via antitrust laws. That this has been done in the name of capitalism shows that capitalism is changing slowly and is not what it was 100 years ago. I have argued that this is the fulfilment of Marx's predictions rather than something that wholely supercedes them. But I concede that this is a point of interpretation.

      --

      LedgerSMB: Open source Accounting/ERP
    5. Re:Capitalism and the mind-controlling parasites by BorgCopyeditor · · Score: 2, Interesting
      you commie

      Profiteer!

      About incentive, I'm sure you're industrious, but do you think the poor are poor because they're lazy?

      --
      Shop as usual. And avoid panic buying.
    6. Re:Capitalism and the mind-controlling parasites by Hosiah · · Score: 1
      "You must eat food to survive. Climb buildings and punch open windows to find food."

      ___-excerpt from the forthcoming book: "Everything I need to know in life, I learned from playing Rampage".

    7. Re:Capitalism and the mind-controlling parasites by Anonymous Coward · · Score: 0

      So what you're saying is... Free Market Capitalism works in theory. In this society we have here, antitrust laws, the SEC, the FCC and federal legislators don't seem to help the worker or the consumer much.

    8. Re:Capitalism and the mind-controlling parasites by idesofmarch · · Score: 1
      Good question! I think a lot poor are poor because they are lazy. I think a lot of poor are poor because they work hard, but are short sighted or are too unwilling to take risks. I think some poor are poor because they got unlucky somehow in life. I think some poor are poor because they made some bad decisions.

      Of course, the poor you are hinting at are the ones who started out so disdvantaged, they did not have too much of an opportunity to climb out, even though they worked as hard as they could scrubbing floors all their life. I admit, these people are out there. However, about these poor, I say this - it is better to have our capitalistic system, where a poor disadvantaged person does have a realistic shot at making it (and making it big - look at Bill Clinton or Oprah or numerous others), than a system that coddles all the economic classes so much that no one really works hard and everyone becomes much worse off.

      One other thing, your use of the word "parasite" is really offensive. You should see just how hard most entrepreneurs have to work. A line employee puts in their 8 hours and they are done. The owner has to worry about making payroll, paying the IRS (and not just filing a return once per year, but monthly employment taxes and the like), watching costs, dealing with legal liabilities. And yes, they skim profits from the labor of their employees, but they burden all the risks associated with the business. Remember, if the business does not pan out, they are stuck with whatever debt it took to launch the business, and that debt is very often attaches to them personally, not just the business.

    9. Re:Capitalism and the mind-controlling parasites by einhverfr · · Score: 1

      In this society we have here, antitrust laws, the SEC, the FCC and federal legislators don't seem to help the worker or the consumer much.

      There are some things broken here but it is still better than it was a hundred years ago (it largely took Teddy Roosevelt, the great anti-big-business Republican that he was, to give antitrust laws teeth).

      But lets look at things. The SEC does help a great deal.

      The FCC, OTOH, I think often oversteps its bounds. Personally I think that the FCC made sense in the 1980's and did a fair bit of good but they are trying to overstep their ideal role in order to try to regulate the internet.

      Lesson number one is that nothing ever works as well as it does on paper.

      --

      LedgerSMB: Open source Accounting/ERP
    10. Re:Capitalism and the mind-controlling parasites by Nossie · · Score: 1

      yeah I found that quote funny myself :) Rampage rocks ! heh

    11. Re:Capitalism and the mind-controlling parasites by Anonymous Coward · · Score: 0

      Do you really think his use of the word "parasite" is any worse than your intentions when using the word "commie"? His words are no more offensive, and equally accurate.

    12. Re:Capitalism and the mind-controlling parasites by deaddrunk · · Score: 1

      But if you're the head of a corporation you only have to answer to shareholders and even if you get the boot you still get a huge payoff and are pretty much guaranteed another enormously well-paid job. Limited liability allows corporate officers to treat the law as just another business risk.

      --
      Does a Christian soccer team even need a goalkeeper?
    13. Re:Capitalism and the mind-controlling parasites by chaoticset · · Score: 1

      ...or, like any other system *cough*communism*cough*, it can be subverted by the stupidly greedy agents within that system.

      Nah, that couldn't be it. Capitalism must be evil.

      --

      -----------------------
      You are what you think.
    14. Re:Capitalism and the mind-controlling parasites by BorgCopyeditor · · Score: 1

      True enough. Maybe, then, the goodness of a political system could be gauged by the degree to which it makes abuses impossible, or at least practically prosecutable. I'm thinking of "sunshine laws" as one example.

      --
      Shop as usual. And avoid panic buying.
  41. Your triumverate sounds familiar... by Overzeetop · · Score: 1

    Oceania, East Asia, Eurasia anyone?

    --
    Is it just my observation, or are there way too many stupid people in the world?
  42. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  43. Re:Wow, that's a lot of oversimplification by Oblio · · Score: 1
    The trouble with this argument is that capitalism is ultimately self-defeating. All things being equal, a capitalist system with a truly laissez-faire government eventually gives way to monopolies; the rich get richer, the poor get poorer, and eventually there is no real capitalism because an elite few have so much of the wealth that the system breaks--innovation gets stifled instead of encouraged, hence trustbusting etc. The same thing happens in all "pure" economic systems--the only economic systems which have shown to be stable in the long-term is a mixture of "socialist" regulations and "capitalist" freedoms.


    This is garbage.

    .) If Capitalism is it's own goal, then it can't be self defeating without tying it to a regulatory structure. The fact that markets form in a vacuum should be evidence enough of its self sustaining nature. Assuming Capitalisms goal is to maximize utility, then you could say that it may never realize that, but "self defeating"? It doesn't make sense.

    .) Capitalism leads to Monopoly, ceterus paribus? Only with strong externalities. Most monopolies are artifacts of constraints on trade (one way or another). Certainly some industries have strong externalities, but not all do. A thin thread to hang the system upon.

    .) There are no pure economic systems except perhaps in microcosms. Its not like there are any command economies that you can point to that don't have markets somewhere.

    None of this is really to your point, which is that American Capitalism is a far cry from real Capitalism, and unjust at that. But for some reason, your initial claims really rub me the wrong way... I would prefer that the caveats on the benefits of capitalism be spelled out clearly, because they are real and they should be considered by people weighing the merits of economic systems.

    --
    Pax -- Ob
  44. Hehe... by Anonymous Coward · · Score: 0

    "You don't mod someone down just because you dislike their opinion..."

    No, you mod them down because they're jumping around like a stung cat... er... nevermind.

  45. Use Bittorent... by jim_oflaherty_jr · · Score: 2, Interesting

    If the market moves to using Bittorrent anyway, there is no "center" to sue. Sure, they can attack the current "developer". Then, a new (set of) developer(s)will take over and keep pushing the FOSS code base forward.

    Against such overt aggression by the RIAA, I think the only model is strategic passivity combined with highly tactical aggression spread out over many people and countries.

    Then the RIAA will have to play a very large and distributed version of "whack-a-mole" which they can never win.

  46. With Apologies by Hangtime · · Score: 1

    Justice for sale...sweet, yummy justice for sale

    1. Re:With Apologies by Anonymous Coward · · Score: 0

      What, you're saying there's still some available?!

      I thought Bush, Microsoft and the RIAA had bought it all...

  47. Cable ISPs rejoice!!! by gelfling · · Score: 1

    Now w/o all that illegal music NOT sucking BW they'll give me ginormous rebates RIGHT?????? RIGHT???????

  48. Capitalism? by stam66 · · Score: 1

    Well, a quote (don't know who said this) comes to mind:

    Capitalism is where man exploits man.
    Communism is exactly the opposite.

  49. Liability by RoffleTheWaffle · · Score: 5, Insightful

    It's interesting that so many folks would bring up the issue of accountability, really. As with any crime committed with the aid of an instrument or piece of technology of some kind, the instrument itself can not be held accountable for the act it was used to perpetrate. Common sense tells us this. If only common sense were applicable to the Judicial Branch of the United States government, perhaps we would see a sharp decline in incidents such as this.

    If I remember correctly, the Supreme Court recently ruled that a gun manufacturer - Smith & Wesson, to be exact - can not be held accountable if their products are used to injure or kill innocent people. When I read of this, I thought to myself, "Finally, common sense prevails!" Did I think that because I want to defend gun manufacturers? No; I've never liked guns, and I've never liked the people who make them, either. I became fond of that ruling because it embodies an important underlying concept: A device, even if it is designed for the sole purpose of causing serious and immediate bodily harm, can not be inherently evil. Therefore, the person producing these devices can't be made to answer for someone else's crimes.

    Sure, if a company was producing a dangerous product that didn't have any real legitimate applications whatsoever, they could - and probably should - be dealt with. However, the point remains: Here we have a gun manufacturer, whose products may well kill hundreds every year here in the United States alone, but it's not their fault that people are using their guns to commit serious crimes. It is the motive of the buyer and how the product is actually used that truly matters, not the product itself and the person who made it available. (After all, firearms have other places in our lives. Home defense, hunting, sport, or simply collecting guns, for example.)

    You can probably see why I almost shit myself when I first heard about the Grokster ruling. The Grokster ruling is, in itself, a shining example of the ass-backwards logic that exists in the courts these days. A gun manufacturer can't be held accountable if their guns kill someone, but it's Grokster's fault if I pirate a poorly compressed copy of The Boondock Saints using their product. Excuse me? Of course, it also goes to show where the government's priorities really are: satisfying campaign contributors and special interest groups. I know I'm really going off on a tangent here, but if you think about it, it makes a lot of sense. The NRA doesn't think gun manufacturers should be held accountable if their guns kill people, but the RIAA and MPAA think it's Grokster's fault if someone uses their products to pirate music and movies. Let's play a nice, fun game of 'Follow the Money', shall we? Wait. We don't have to. It's blatantly obvious.

    It's extremely unfortunate that any company can be made to buckle under this kind of pressure. Many new technologies are now endangered by the Grokster ruling, not because they can be eliminated outright, but because it takes so much time, money, and patience to deal with the courts that nobody in their right mind without a few million dollars and an army of lawyers would even try to defend their products.

    I just find it very strange that the Smith & Wesson ruling's logic doesn't apply elsewhere. Sure, if a product is defective, and that defect results in bodily harm or the destruction of property, that's the manufacturer's fault. However, if a product does not cause bodily harm or the destruction of property by its own volition, and must first be activated or otherwise utilized by a human being to present any kind of danger, it's the user's fault.

    Therefore, the proprietors of a filesharing network and the programmers who created the client software used to access said network can not be held accountable if other people utilize their network to engage in illegal activity. While I do believe that the network's owners should do what th

  50. Actually, it wasn't an oversimplification by brokeninside · · Score: 1

    The whole brouhaha is about a state sanctioned monopoly called ``copyright.'' Hence, capitalism is being entirely bypassed as the very precondition for the dispute.

  51. Fundamental assumption backwards by SuperKendall · · Score: 1

    Capitalism, when unregulated, leads to consolidation of money into fewer and fewer hands.

    How do you figure? The nature of money is to be used; Let us take your theory to the logical conclusion and say that one person finally gets all the money there is. What then, will he/she make a nest from it?

    No, instead money will be used to do a variety of things. A company that gets more money (generally) hires more workers. A person that gets more money usually spends it; In fact a real problem in the US is that people are generally outspending income as they make more (relying on future increases in income our house price).

    There are no good examples for you claim. History has prooven time and again that money is rather like water - if you try and dam it up it will eventually flow elsewhere or be unleashed in a torrent.

    I didn't read the rest of your comment but I can't imagine it went well with the base you were standing on.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Fundamental assumption backwards by dustmite · · Score: 3, Insightful

      How do you figure?

      Here's how: http://en.wikipedia.org/wiki/Gini_coefficient

      Oh look at the section titled "Development of Gini coefficients in the US over time":

      http://en.wikipedia.org/wiki/Gini_coefficient#Deve lopment_of_Gini_coefficients_in_the_US_over_time


      * 1970: 0.394
      * 1980: 0.403
      * 1990: 0.428
      * 2000: 0.462

      This is a FACT, it is BUSY HAPPENING, not some arbitrary abstract tinfoil-hat notion that might theoretically happen. A run-away Gini Coefficient is NOT sustainable.

      History has prooven time and again that money is rather like water - if you try and dam it up it will eventually flow elsewhere or be unleashed in a torrent.

      No, it hasn't, and it doesn't. If you try to "dam money up", what happens is that it becomes worthless - it loses it's value and the economy collapses. Money is a reflection of the amount of value, or "production" being generated by an economic system, and when production ceases (because the means of production are consolidated and regulated into a disproportionately tiny percentage of hands), that money no longer generates corresponding "stuff" that gives it meaning - everyone is just poor. For references, see, well, pretty much hundreds of countries at all times in history including today. You can print money, but you can't create money. You can only create "stuff". The bottom falls out of an economy when too many people are poor and too few people are producing - e.g. see the Great Depression - and when everyone is poor, it is not easy to get out of it, even if someone came along and gave you a few million dollars, there would be nothing you could do because nobody would be able to buy the products you'd try to produce with that.

    2. Re:Fundamental assumption backwards by 99BottlesOfBeerInMyF · · Score: 1

      Another poster has already put up a better reference than I was going to to prove my point. Here are some more facts that help to put the situation in perspective as to where we are right now (copied from another post I made to this thread).

      Last time I looked at the figures something like 400 people in the top 1% of the wealthiest people in the U.S. were not born with a parent in the top 1%. Of those, none of them did not have parents in the top 5%. The U.S. still has more upward mobility than most of the world and the vast majority of the wealth in this country is owned by a small minority. Real upward mobility, is just a pipe dream. the top .5% controls about 25% of the wealth. The top 5% controls well over 50% of the wealth. Those numbers are increasing, not decreasing every year. The bottom 80%, that is 8 out of every 10 people are left to split less than 20% of the wealth. If you total up all the wealth owned by the bottom 40% of the households in the country you get a net total of nothing. Thats right, nothing, almost half the people are maybe a little bit ahead, or a little bit in debt but as a whole are completely broke. All this is from census data as compiled by Berkley University.

    3. Re:Fundamental assumption backwards by Scudsucker · · Score: 1

      A company that gets more money (generally) hires more workers.

      A Republican fantasy. Companies hire more workers only if they figure to make more money by doing so. Anything else will screw with their efficiency and profit margins.

  52. Um, yeah.... the Moon called by ckaminski · · Score: 1

    It wants it's rocks back.

    And left a bill for trash disposal:

    * Flag $3
    * Rover $100
    * 6 descent stages $10,000
        * HAZMAT Fee $50,000
    * MaidsOnCall to clean up all those dirty footprints, $1000

    TERMS: 30 or we're turning off the tides. :-P

  53. Or, sell a cool client by usurper_ii · · Score: 1

    If Napster had quit hosting its service on its own servers and opened up instead, like OpenNap, and let other people host the files, it could have sold downloads of its top-notch client for 5.00 a pop and made how many millions of dollars? Yeah, it is obvious they thought they would make billions when they controlled it all...but we all know how that turned out.

    Usurper_ii

  54. Cooking your books by SuperKendall · · Score: 1

    Generational weath does accumulate over time - thus explaining as you noted that in the top 1% of people with money they all had parents in at least the top 5%.

    However that is a meaningless figure. First of all, the population base is growing so there are many more people adding in at the low end. Secondly the amount of money is increasing over time so even if a small number of people may cotrol a large percentage of wealth it does not mean much without saying how much ecenomic freedom the people in the middle have. That has increased quite a lot as the middle class has a lot of financial power they did not have before.

    Lastly, please read the section on the "Disadvantages of the Gini coefficient as a measure of inequality". There are a number of reasons why pointing to that number and saying "see!!!" make little sense. Here's a good one:

    Too often only the Gini coefficient is quoted without describing the proportions of the quantiles used for measurement. As with other inequality coefficients, the Gini coefficient is influenced by the granularity of the measurements. Example: Five 20% quantiles (low granularity) will yield a lower Gini coefficient than twenty 5% quantiles (high granularity).

    There are no details in the article on how this number was really calculated. Proof my Wiki is not enough to convince me I'm afraid.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:Cooking your books by 99BottlesOfBeerInMyF · · Score: 2, Insightful

      First of all, the population base is growing so there are many more people adding in at the low end.

      So because more people are born to poor parents it is ok that they are even less wealthy than their parents? I thought the idea that circumstances are a just entitlement went out with feudalism. Just because one person is born to a wealth parent and another to a poor parent does not make their disparity fair by any means.

      Secondly the amount of money is increasing over time so even if a small number of people may cotrol a large percentage of wealth it does not mean much without saying how much ecenomic freedom the people in the middle have.

      Both the numbers I posted and those from wikipedia were percentages of wealth in the country, not amounts of money. They account for currency, property, and stock.

      That has increased quite a lot as the middle class has a lot of financial power they did not have before.

      Got anything to back that up? Everything I've seen shows the middle class shrinking and the lowest class growing. Your assertion that the middle class has more financial power is not backed up by any numbers I've seen.

      There are no details in the article on how this number was really calculated. Proof my Wiki is not enough to convince me I'm afraid.

      The numbers were taken from the census data, so the base data granularity is pretty ideal. The calculated numbers, however, are presumably consistent with one another over time so the trend they show within the United States is self normalizing for that particular aspect of differentiation. In any case, you can calculate the numbers yourself or just look at the census data I posted and that for the last few decades. All the numbers are there plain to see. I've not seen any statistician or economist who has claimed that wealth is not consolidating in the U.S. and that the middle class is not shrinking. Do you have some sort of reference to a paper or numbers that you think imply this is not so?

      I can't even conceive of how you can argue that capitalism is working for a country when 40% of the households are completely broke and where a mere 5% of the population has more than half of the wealth, especially since all indications are that wealth is simply inherited, not earned through hard work, intelligence, innovation, or any other useful contribution to society. Go into any kindergarten classroom and give two kids 10 cupcakes each and ask the other 38 the kids to share 20 cupcakes among them. If they ask why tell them because those two kids were born to special parents. How many do you think will think that is fair? Sorry, the system is broken to have reached this state, and is not getting any better. Birth should not be an entitlement and everyone should have an equal chance at wealth and happiness regardless of who their parents are. If you believe otherwise, I'm afraid I can't respect that position, just as peasants everywhere have thrown down kings who claimed political power over them based on birth, so to will the peasants eventually throw down those who wield inherited money as power over them.

    2. Re:Cooking your books by Macadamizer · · Score: 1

      If they ask why tell them because those two kids were born to special parents. How many do you think will think that is fair?

      Where does it say that life is "fair?" Is it fair that one child might get cancer at a young age, or that one child might be able to run faster and jump higher than the other kids, or that one kid is black and the other is white? What if the kid born to rich parents is crippled -- does that even everything out?

      If "fair" is even something we should strive for, how do we define it? You are right, it's not "fair" that some kids are born to rich parents, or some are born in the U.S. instead of Sudan, or some are born healthy and other born with Down's syndrome -- how do we figure out what is the "fair" starting point for everyone? Is starting out with the same amount of money "fair?" What if one kid is born in a place with a higher cost for living -- doesn't that put him at a disadvantage compared to a kid who was born in a low cost-of-living area?

      Birth should not be an entitlement and everyone should have an equal chance at wealth and happiness regardless of who their parents are.

      How do you determine what an "equal chance" is? Even if everyone starts with the same amount of money in the bank, what if some kid is just smarter than everyone else? What if some kid is crippled? What if some kid had parents who were teachers, and got an "edge" in learning versus a kid who was born in a poor part of Alabama to high-school-dropout parents? How do you make everything "fair" to give all of them an "equal chance?"

      Or does "fair" jsut mean that everyone should have a trust fund, or noone should?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    3. Re:Cooking your books by 99BottlesOfBeerInMyF · · Score: 1

      Your argument boils down to, "it is impossible to make everything exactly fair so we should ignore unfair circumstances entirely." I reject your arguments utterly. I could just as well argue it's not fair that one person is born the son of a carpenter and grow up in a wood shop when another was born of a pig farmer and had to grow up on a pig farm. For this reason there is no point overthrowing a tyrannical monarchy since we can't equalize everyone's position in life.

      Fair means everyone should be given an equal opportunity, or as nearly equal as it is practical to create. Fair means one person should not be born into a situation where they never have to work, or think, can buy anything they can think of, are free to flaunt most of the laws and get away with it, and are free from worrying about hunger or hardship, while another person has to eat ketchup packets from fast food joints, has no hope of ever being out of debt, has no chance for a real education, and has no chance to ever be able to afford a home, without turning to crime.

      Can we make sure no one has any advantages over anyone else, no. But that also does not mean we should tolerate the kind of inequality based upon birth we see these days. Neither does it mean we should tolerate a system of government and economics that is designed to keep the rich and wealthy rich and wealthy, and make them even wealthier at the expense of the poor. Just because life cannot be made completely fair is no reason to not make it as fair as possible. And just to be clear, we're talking equal opportunity and a decent living for all. There is no need to try to equalize for height or intelligence or memory. This is a purely economic equation. While I believe those with special problems should be helped by society, the distribution of wealth is the specific problem we are addressing. It takes money to make money and in a capitalist system money consolidates. The poor are getting poorer and the rich are getting richer and all economic models show this will continue, despite the relative efforts and hard work of the poor. Any system that consolidates all the money and makes more and more poverty and makes incredibly wealthy people even wealthier as time passes is broken.

      Simply banishing all inheritance and dumping that money into paying off the national debt and then into tax reductions would be a good start. It would need to be paired with a law preventing people from giving away large sums of money to their children. Just capping the total amount of money you can give your child at $500,000 would result in billions of dollars a year going to the government instead of to a person who has never done anything to earn it. Obviously there are lots of complications, but the principal is pretty straightforward. It is certainly better to have more people actually contributing to society and doing something than it is to have them sitting idly and watching their existing money accumulate more money at the expense of the already broke lower classes.

      Or does "fair" jsut[sic] mean that everyone should have a trust fund, or noone should?

      Either no one or everyone having a trust fund would help to equalize things and break some of the spiraling capitalist accumulation cycle that is inevitably ruining the lives of most of the population.

    4. Re:Cooking your books by Macadamizer · · Score: 2, Insightful

      Your argument boils down to, "it is impossible to make everything exactly fair so we should ignore unfair circumstances entirely."

      And I guess you are only concerned that some people start out with more money than other people.

      Fair means everyone should be given an equal opportunity, or as nearly equal as it is practical to create.

      I would agree with this statement.

      Fair means one person should not be born into a situation where they never have to work, or think, can buy anything they can think of, are free to flaunt most of the laws and get away with it, and are free from worrying about hunger or hardship, while another person has to eat ketchup packets from fast food joints, has no hope of ever being out of debt, has no chance for a real education, and has no chance to ever be able to afford a home, without turning to crime.

      I don't agree with this. Again, you focus on one aspect of fairness -- money. But even if the "rich" kid doesn't have a trust fund, or isn't given an inheritance, this isn't going to change the fact that some people are going to grow up hungry -- unless you are talkking about a redistribution of wealth.

      And there are a lot of people who grow up in tough situations, and don't turn to crime. You seem to imply that "equal chance" means "equal chance to become uber-wealthy" -- the reality is, many people who work hard will, eventually, be able to afford a house. Maybe not a dream estate in Beverly Hills, but a house nonetheless. And most kids CAN afford to go to college -- they may have to take out student loans instead of getting mom+dad to pay or getting grants or whatever, but if they want to go to school, they can -- Junior College is an option.

      But my key point was -- life isn't fair, and I'm not sure that wealth redistribution (or even taking wealth away from the rich) is the way to make things more "fair."

      Neither does it mean we should tolerate a system of government and economics that is designed to keep the rich and wealthy rich and wealthy, and make them even wealthier at the expense of the poor.

      Wealth is not a zero-sum game -- just because one person gets richer does NOT mean that someone else has to be poorer.

      While I believe those with special problems should be helped by society, the distribution of wealth is the specific problem we are addressing. It takes money to make money and in a capitalist system money consolidates. The poor are getting poorer and the rich are getting richer and all economic models show this will continue, despite the relative efforts and hard work of the poor. Any system that consolidates all the money and makes more and more poverty and makes incredibly wealthy people even wealthier as time passes is broken.

      Just because some people are really, really rich doesn't mean that life is hell for everyone else. I guess it depends on what you consider to be a reasonable "outcome" of wealth. You seem to assume that if everyone is given a roughly "even" start, that everything will be okay, or at least, better than it is today. What evidence do you have that that would be the case, other than you don't like rich kids getting a "head start?"

      Just FYI, I never had a trust fund, I worked full time through my undergrad, masters and B-school, and took loans out to pay for law school -- but I don't resent "rich kids" any more than I resent people that are better looking than I am, or smarter, or are better atheletes. That's just life.

      Simply banishing all inheritance and dumping that money into paying off the national debt and then into tax reductions would be a good start.

      The reason why we have such a huge national debt is becuase our government does a lousy job of budgeting its money -- why do you think that a huge influx of new money would change anything? Why is the government better off having that money than private citizens? Will the government spend that money better, or more wisely?

      Just capping the total

      --

      "That's not even wrong..." -- Wolfgang Pauli
    5. Re:Cooking your books by Clod9 · · Score: 2, Insightful
      >Just because some people are really, really rich doesn't mean that life is hell for everyone else.

      Time to jump in. This is a really interesting back-and forth, but I think you both missed a couple of germane points. Neither of you will dispute that life is hell for a whole lot of Americans, right? I'm talking about the people who live in dirty strip motels, pay more in rent than I do because they don't have enough for a security deposit and don't have a credit rating, and work for minimum wage if that. There are lots of these people. I don't know how they got that way, but a major point was made by one of you early on: when the number of have-nots gets large enough, and the disparity is large enough, they will turn to violence. If you say "well, life's not fair", they'll only yell louder as they cut you off at the knees. If you see injustice, and don't do anything about it because YOU aren't being unduly affected by it, what kind of society will you get?

      The other thing I'll mention is, if it were just about money, and who has it and who doesn't, it would be fairly easy to deal with through redistribution of wealth, both voluntary (charity, etc.) and involuntary (welfare, publicly funded education, earned income credit, lots of other things we already have).

      The problem is that having money or a good job buys you into healthcare, and good attorneys, and several other things. If you can't buy into these things, then American society treats you like dirt. Don't get sick, and don't make any mistakes, and don't tick off any corporations, otherwise you get taken to the cleaners. And at the top end, if you have a lot of money, YOU GET TO CHANGE THE RULES TO SUIT YOURSELF. This is, in the end, counterproductive because the people on top will find themselves hated and targeted by people who are entirely willing to do violence. It'll be like the South American countries where the rich live in walled compounds, with security guards. (Well, we have that in America, too, but it isn't all that widespread.)

      All the rich would have to do is set up a system where poor people continue to do all the work, continue to zone out in front of the TV, their kids have a reasonable shot at wealth and a comfortable life, and they know they'll have a place to live and something to eat, and nobody would rock the boat. Poor people are unbelievably willing to put up with a bad lot. But the rich in this country won't be satisfied until they hold the ENTIRE pie, and can treat the rest as slaves. That will be their downfall. My prediction: it'll happen in under 100 years, maximum.

    6. Re:Cooking your books by Anonymous Coward · · Score: 0
      Fair means one person should not be born into a situation where they never have to work, or think, can buy anything they can think of

      If a parent wants to make sure their child never has to worry about finances or work a day in their lives, that is their right as a human.

      Anyone who tries to "prohibit" such needs to be killed.

      Just capping the total amount of money you can give your child at $500,000 would result in billions of dollars a year going to the government instead of to a person who has never done anything to earn it.

      Insofar as children are generally the rightful heirs of a parent's estate, and that the wealth produced by an individual rightfully belongs to the individual and not the State, anyone who tries to impose such a cap needs to be killed.

    7. Re:Cooking your books by Anonymous Coward · · Score: 0
      Neither of you will dispute that life is hell for a whole lot of Americans, right?

      Anyone with human-level intelligence contests that, Marxist fucktard.

      And at the top end, if you have a lot of money, YOU GET TO CHANGE THE RULES TO SUIT YOURSELF.

      Funny, all the wealthy people I know certainly haven't been able to "change the rules" worth shit, considering how much they're forced to pay in taxes.

      People who "think" like you need to be liquidated.

    8. Re:Cooking your books by 99BottlesOfBeerInMyF · · Score: 1

      nsofar as children are generally the rightful heirs of a parent's estate, and that the wealth produced by an individual rightfully belongs to the individual and not the State, anyone who tries to impose such a cap needs to be killed.

      Some people held very similar ideas in the not so distant past. Something like:

      Insofar as children are generally the rightful heirs of a parent's estate, and that the peasants ruled by an individual rightfully belong to the individual and not some usurper, anyone who tries to take over the governance of the peasants needs to be killed.

      ...then we chopped their bloody heads off and established more fair systems of governance. You think economics is any different? Wealth is power. Being born to one set of parents rather than another does not entitle you to position or power and if you think it does, well that is probably because you benefit from it. The people as a whole (you know the ones supposedly in charge) do not benefit from it, and there is no ethical reason to tolerate it.

    9. Re:Cooking your books by Clod9 · · Score: 1
      Wow! First time I've ever been called a Marxist. You're telling me that life is fine for everybody? That everyone who wants to make an upward change in their lifestyle, can do so?
      And I'm not even saying they deserve a break, or have a right to a better life. I'm only saying that eventually, if you ignore them, they will break you.

      All the wealthy people I know pay very little in taxes. They do things like have their S corporations buy them an SUV, and use its price as an offset to their tax liability as a "business cost". And these people, the ones I know, are peanuts compared to people who have real money -- people like corporate CEO's, whom I will never meet. THOSE people are the ones I'm talking about who change the rules. They "suggest" changes to corporate governance and tax laws that will allow them to rake off millions at a time, and back up their suggestions with campaign contributions. Why else do you think they make those contributions? Because they have a soft spot for an old friend who has gone into politics?

    10. Re:Cooking your books by Anonymous Coward · · Score: 0
      Insofar as children are generally the rightful heirs of a parent's estate, and that the peasants ruled by an individual rightfully belong to the individual and not some usurper, anyone who tries to take over the governance of the peasants needs to be killed.

      Corrupt, false and stupid analogy. Nobody has a "right" to rule over another.

      You think economics is any different? Wealth is power.

      Wealth does not enable a man to coerce others with the threat of violence.

      Being born to one set of parents rather than another does not entitle you to position or power and if you think it does, well that is probably because you benefit from it.

      Wealth in a society based largely on mutual consent with limited government doesn't give anyone power anywhere near that of a monopoly on the use of force.

    11. Re:Cooking your books by Anonymous Coward · · Score: 0
      Wow! First time I've ever been called a Marxist. You're telling me that life is fine for everybody?

      I'm didn't say life is "fine" for everybody. I'm contesting that it is "Hell". Living in a North Korean labor camp is Hell. Living in a strip motel is far from "Hell", and calling it "Hell" is about as ignorant as it gets.

      That everyone who wants to make an upward change in their lifestyle, can do so?

      Most people who haven't dug themselves into a hole they can no longer crawl out of can make upward changes in their lifestyle.

      And I'm not even saying they deserve a break, or have a right to a better life. I'm only saying that eventually, if you ignore them, they will break you.

      The only places where there is real danger of people breaking other people are in places where there is substantially more welfare programs, socialism, and "social safety nets".

      All the wealthy people I know pay very little in taxes.

      Then I doubt you know any wealthy people.

      They do things like have their S corporations buy them an SUV, and use its price as an offset to their tax liability as a "business cost".

      The wealthy people I know who own profitable companies take advantage of the tax breaks they can, but most certainly do not pay "very little" in taxes on their own income. Their S-corporations still have to pay property taxes, sales taxes, fuel taxes, compliance costs, etc.

      And these people, the ones I know, are peanuts compared to people who have real money -- people like corporate CEO's, whom I will never meet. THOSE people are the ones I'm talking about who change the rules. They "suggest" changes to corporate governance and tax laws that will allow them to rake off millions at a time, and back up their suggestions with campaign contributions. Why else do you think they make those contributions? Because they have a soft spot for an old friend who has gone into politics?

      Repeal corporate governance laws and tax laws then, and dismantle everything not explicitly spelled out in the Constitution. You can't lobby the State to do your bidding when it doesn't have that power in the first place.

      Oh, but that's right, you don't hate them for lobbying, you hate them for essentially begging the State to use lubricant when it rapes them.

  55. just one note by tacokill · · Score: 1

    "And downloading songs isn't even a criminal offense unless you do a lot of it. No more than shoplifting a candy bar is."


    ...and shoplifting a candy bar is most definitely a criminal offense. Do you really think it is not? Shoplifting (stealing) is shoplifting. And it IS illegal. Criminal, in fact.

    If you'd like to prove me wrong, just go down to your local convenience store and try it. I assure you, you will end up in the CRIMINAL justice system. You may only get a ticket (misdemeanor) but on the other hand, you may receive the harshest penalty allowed (jail). And yes, it can happen, although I admit the probability of you doing time for a candy bar is very very small. But to say it's not a criminal offense is just flat wrong.

  56. Re:The P2P Revolution buffering.... by Anonymous Coward · · Score: 0

    Welcome back, realplayer! woohoo!

  57. Free Market Capitalism by cappadocius · · Score: 1

    By "Capitalism" the poster means "Free Market Capitalism." The two terms are often used interchangably. A free market does not exist in the presence of trusts or monopolies, therefore the existence of cartels is said to be the antithesis of Free Market Capitalism, here shortened to just Capitalism.

    --

    omnia tua castra sunt nobis

    1. Re:Free Market Capitalism by 99BottlesOfBeerInMyF · · Score: 1

      A free market does not exist in the presence of trusts or monopolies, therefore the existence of cartels is said to be the antithesis of Free Market Capitalism, here shortened to just Capitalism.

      I can't say I've ever heard the term "free market capitalism" outside of speaking points from neoconservatives. I've not seen it used in a real economic text. I've heard "Free market economy" a lot though, which is, perhaps, what you mean? Can you provide a formal definition of "Free Market Capitalism" and a source? I suppose individual terms are not as important as concepts, but capitalism is a well defined term and can be found in the dictionary (unlike "Free Market Capitalism"). In any case, there is little doubt that whatever variant of capitalism exists in the U.S. today is responsible for the economic disparity and the formation of huge corporations that have undue influence over our political structures. Whatever we have, it is not working properly.

    2. Re:Free Market Capitalism by cappadocius · · Score: 1

      I've heard the term frequently, but can't recall if I have seen it defined in an economics text. Anyhow, you indicate that you do understand te meaning I am attempting to convey, and the point is that plenty of theorists would consider certain degrees of regulation as duties of the night-watchman state and therefore necessary pre-conditions for "true" capitalism, not as contrary to capitalism; but you have a point when you define capitalism more broadly: technically a corporatist state is capitalist as well.

      Whatever we have, it is not working properly.

      True enough.

      --

      omnia tua castra sunt nobis

  58. Put Tim Berners-Lee away too! by Anonymous Coward · · Score: 1, Funny

    hey! the guy invented the WWW. Which is obviously used to not only share files,
    download illegal movies and files - but is also used to spread illegal information!

    hang him! hang him!

    - THIS is the sort of thinking the RIAA and MPAA are going for. isnt it scary?(!)

  59. way to miss the point! by Erris · · Score: 1
    I thought the open source and decentralized eMule was the tool of choice for the eDonkey network, with Shareaza and other tools following closely behind.

    The numbers don't matter. The point is that the RIAA has managed to shut down their competitors, regardless of actual copyright violations or intent. If you want to start a music distribution company and use the internet for user feedback, you are shit out of luck.

    --
    DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
  60. You had to go there by hawks5999 · · Score: 1
    "It reeks of anything but capitalism (and not to poison this post, it does reek of fascism)"
    Sorry, but it does poison the post.
    1. Re:You had to go there by David+Rolfe · · Score: 1
      Haha, that you've provided your "joke" assertion no rigorous defense only makes my point. The fact that an aside about the hint of fascism scared you away is even more telling. However, I'm probably not alone in catching whiffs of State control and nationalism trumping all in today's political (and corporate) climate. From my perspective (bias): Libertarianism is the opposite of Authoritarianism (sovereignty rests in the individual, not the state); Capitalism is the opposite of Socialism. I despise the Socialist-Authoritarian state to the same degree that I despise the Capitalist-Authoritarian state, that is to say, how right- or left-wing you are is meaningless if you intend to deprive me of Liberty.

      Characteristics of Fascist Philosophy

      Fascism, especially in its early stages, is obliged to be antitheoretical and frankly opportunistic in order to appeal to many diverse groups. Nevertheless, a few key concepts are basic to it. First and most important is the glorification of the state and the total subordination of the individual to it. The state is defined as an organic whole into which individuals must be absorbed for their own and the state's benefit. This "total state" is absolute in its methods and unlimited by law in its control and direction of its citizens.

      A second ruling concept of fascism is embodied in the theory of social Darwinism. The doctrine of survival of the fittest and the necessity of struggle for life is applied by fascists to the life of a nation-state. Peaceful, complacent nations are seen as doomed to fall before more dynamic ones, making struggle and aggressive militarism a leading characteristic of the fascist state. Imperialism is the logical outcome of this dogma.

      Another element of fascism is its elitism. Salvation from rule by the mob and the destruction of the existing social order can be effected only by an authoritarian leader who embodies the highest ideals of the nation. This concept of the leader as hero or superman, borrowed in part from the romanticism of Friedrich Nietzsche, Thomas Carlyle, and Richard Wagner, is closely linked with fascism's rejection of reason and intelligence and its emphasis on vision, creativeness, and "the will."


      "fascism." The Columbia Electronic Encyclopedia, Sixth Edition. Columbia University Press., 2003. Answers.com GuruNet Corp. 29 Sep. 2005. http://www.answers.com/topic/fascism

      Maybe a little research about fascist desires to unite the State with its most powerful businesses will recontextualize my former comments in a way that is less offensive; At which point, you may be willing to address my only question -- why is the comment on examples of right-wing anti-capitalism a joke?
      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    2. Re:You had to go there by SilverspurG · · Score: 1
      You can quote from an encyclopedia all you like, but let's take the reality test, shall we? Point one:
      First and most important is the glorification of the state and the total subordination of the individual to it.
      How are China, the US, the former USSR, and Cuba any different in this respect? Answer: they aren't. Clearly this definition of fascism cannot distinguish between four supposedly different governments. Arguably, the four I've mentioned are really the same, but that consideration would probably be a little too much for most people. Point two:
      A second ruling concept of fascism is embodied in the theory of social Darwinism
      How is this different for rich kids taunting poor kids in any of the four previously mentioned nations? Again, this definition fails to distinguish between the four. Again, one can reconcile this by asserting that the four are really the same. Again, this is probably too much for most people indoctrinated in US schools to handle. Point three:
      Another element of fascism is its elitism.
      And again I'll have to ask how this is any different in any of the four aforementioned nations? Again, this definition fails. Again, this can be ameliorated by noting that the four really are the same in functionality. Again, this is probably too much for most people to handle.

      How about we quit using the word fascism as name-calling against things we don't like and just agree that, no matter what they say on TV, politicians under ANY system of government in ANY nation of the world are intent on creating a pyramid scheme with which they can fleece the middle and lower classes for their own personal benefit. Once you accept the truth it becomes quite easy to demystify why Congress pulls the crap it does.
      --
      fast as fast can be. you'll never catch me.
  61. Destroy the RIAA Today by bayers · · Score: 0, Troll


    Stop stealing copyrighted stuff. If enough people do that, the RIAA goes away.

    1. Re:Destroy the RIAA Today by Anonymous Coward · · Score: 0

      Uh... you can copy copyrighted stuff, you can violate laws and contracts regarding copyrighted works, but adding the word steal automatically makes your statement an oxymoron. Copyright infrignement is a crime ( a no-shit statement) but it ain't theft legally, and it can be well argued philosophically and logically likewise.

  62. looks like the system is working after all by alizard · · Score: 2, Insightful
    RIAA 1, technology 0... so presumably, a bunch of congresscritters patted themselves on the back for doing what their *AA campaign contributors wanted. The idea of new technology creating new jobs is so 20th century. It's about protecting obsolete business models with lobbyists and money... if the buggy-whip manufacturers had had comparable influence at the turn of the 20th century, our traffic jams would be composed of horse-drawn wagons.

    If we actually want a Congress that's pro-technology, we are simply as a group going to have to raise enough money ourselves to become the highest bidder, nobody's going to do this for us.

  63. It isn't so simple by Ogemaniac · · Score: 1

    There is a glaring difference between guns and P2P.

    In the case of guns, there is no existing (or even plausible) technology that would significantly reduce gun abuse without significantly increasing costs and decreasing their legal utility.

    This is not the case in P2P. Grokster, EDonkey and the gang could easily and for almost no cost implement basic copyright-protection algorithms. Nothing is foolproof, of course, but such algorithms could put a huge bit in the illegal swapping on their networks while barely affecting legal sharing. Yet these organizations choose not to do this. In fact, they do just the opposite - they deliberately design their networks in such a way as to make copyright protection difficult for them to implement, so they can whine that they can't do it.

    Imagine there were two types of guns. One is the regular type, that could be used for both legitimate purposes and crime. The second had some new-fangled technology that quite securely limited the guns use to legitimate activity only. You can be darned sure that the government would ban old-style guns in this case. The same logic should apply to P2P.

    Also, as a secondary argument, only a very small fraction of guns (less than 1%) are ever used to commit a crime. As for copies of EDonkey, it is probably closer to 90%.

    1. Re:It isn't so simple by Anonymous Coward · · Score: 1, Insightful

      How would you propose they implement copy protection systems while remaining open source? In order to be effective, they would not be able to make a FLOSS client because it would be trivial to remove. Also keep in mind that most of those systems are patented or a trade secret.

    2. Re:It isn't so simple by RoffleTheWaffle · · Score: 1

      You're missing the point. The point is, a definite double standard exists here that should not be ignored. Yes, guns are different than P2P software, but the principle remains: A device or product can not be inherently evil. The user and only the user should be held accountable for crimes committed using that device, regardless. (Additionally, before I go on, I'm very much opposed to the notion that guns cause violence. "Guns don't kill people, people kill people.")

      Is it possible for copyright protection schemes to be implimented over P2P networks? Yes. Is it practical? That depends on whether or not you want it to actually work. It would be difficult, considering all of the different ways that files can be disguised and modified to cover their identity, making the transmission of copyrighted materials 'under the radar' a possibility if the network remains open. There are also ways to copy music and movies that haven't even been explored yet that could render DRM technology useless. (I have a few in mind myself that I won't share here...) You would essentially have to run a closed library of files, which just might work. However, most P2P networks made for filesharing, including legitimate forms of filesharing, do not operate this way because of the difficulties and extensive costs that would be encountered in indexing and cataloguing every single file the network hosts. Are there other methods of going about this? Probably. In fact, I'd like to hear them, because at this rate, these protection schemes will need to be explored in order to protect future P2P networks and other technologies from legal liability. (Granted these methods should rely less on DRM and other potentially flimsy technologies and more on tried and proven solid cataloguing techniques. Why is pretty simple. DRM and copy protection technologies have a curious habit of getting pwned rather quickly, and once they are, you're back to square one.)

      But I digress. P2P technologies - as well as many other technologies not listed here - have a lot of potential that is being endangered by rulings such as the MGM vs. Grokster ruling. Perhaps I should make it clear right now that I believe that eDonkey and Grokster are not entirely free of fault, here. However... and I will return to my original point... A device or technology can not be inherently evil. More to the point, P2P technologies aren't the only targets on the RIAA-MPAA radar. No, they're simply the most noteworthy technologies under attack here. Thanks to the Grokster ruling - If my understanding of the ruling itself is correct - the producers of ANY technology that could possibly be used to pirate copyrighted material can be held accountable for the behavior of their users. The so called Grokster Standard further complicates proving the noninfringing uses of a product and introduces a whole new layer of liability and responsibility on top of all of the other restrictions and standards innovators and entrepreneurs alike have to abide by.

      So you see, this isn't even about eDonkey, or Grokster. It's about technological restriction, and a profound lack of common sense in our courts. The RIAA and MPAA are preemptively seeking out possible infringement platforms and attacking them with blanket laws. This stifles innovation and entrepreneurship severely. To think that in the future, if I want to run a streaming internet radio station, I might have to submit comprehensive activity reports and sign binding legal agreements with these monopolistic coroprate behemoths, just because my station has the potential to broadcast copyrighted material... Creepy, huh?

      To summarize, though, yeah, you have a bit of a point. However, you have to understand that solid, working copy protection schemes - or any solid, working scheme of any kind - are by no means easy to implement, nor are they cheap. It requires constantly evolving technology and a great deal of manpower to accomplish that go

  64. Re:Wow, that's a lot of oversimplification by SilverspurG · · Score: 1
    All things being equal, a capitalist system with a truly laissez-faire government eventually gives way to monopolies
    Complete and utter conjecture. For example, the only reason why the coal mining operations were able to keep the coal minors at near subsistence wages was because the Federal Government supplied them with troops for union busting exercises. We have never had truly laissez-faire capitalism in the US. The Federal Government has always been there to support the corporations in some form or another and it keeps getting worse every year.

    Where do you people learn this crap and why can't you see through it?
    --
    fast as fast can be. you'll never catch me.
  65. Billy S was right: by Wolfger · · Score: 1

    The first thing we do, let's kill all the lawyers.

  66. You won't stop the hardcore pirates by Ogemaniac · · Score: 1

    but you can make it a real pain in the butt for the common college kid, who are the bulk of the problem.

    Imagine a world with Grokster Offical Version and Grokster Hacked Version, the former with some DRM and latter without. The former is widely available and safe. The latter has to be pulled from spurious difficult-to-find websites and can get you into trouble. Worse yet, the RIAA and MPAA lay a pile of lawsuits on anyone distributing or creating the hacked version.

    Yes, the warez community will still bother with hacking, but far fewer of the average Joes will.

    1. Re:You won't stop the hardcore pirates by RoffleTheWaffle · · Score: 2, Insightful

      First and foremost, as I believe I stated in my initial reply, filesharers aren't even a real 'problem', but actually an asset. You can look it up all over the net. Studies upon studies have been performed, focusing on the buying habits of filesharers, and it's a proven fact: people who use filesharing networks buy more music. Most filesharers don't intend to download the music and keep it in that form forever, but instead use filesharing as a tool to sample music at no cost to the producer. Those are the average Joes, and hardly the people that need to be targeted here. Suing college students, the elderly, and computer literate pre-teens has yet to even make a dent in the filesharing habits of the people that partake in P2P networks, to boot.

      (Some interesting reading: http://www.theregister.co.uk/2005/07/27/p2p_users_ legal_downloads/

      http://www.guardian.co.uk/arts/news/story/0,1171 %201,1536886,00.html

      http://news.com.com/2100-1023-898813.html )

      On the other hand, hardcore pirates who, as you said, are nearly impossible to stop are a real problem. Bootleggers who participate in real piracy rings, selling content illegally, are a serious problem, and a real menace to the music and movie industry no matter which way you slice it. However, their specialty isn't sharing the music on a network. Their specialty is copying albums and movies bit for bit and selling the copies for a profit.

      I'm afraid that I can't see the logic in your argument. At the cost of sounding as though I defend pirates, I will admit that I strongly disagree with you. Piracy is an ugly thing, and I don't believe that someone should be allowed to sell another person's work without permission, but surveillance, DRM, and lawsuits are not the answer to this dilemma. If you can't see why already, fine. You're entitled to that opinion, none the less...

  67. Who shuts down? by timothykaine · · Score: 1

    I dont use an "official" client. I dont use an "official" server. Does this even affect me, besides the user-count? What do they do inbetween that severs/maintains this connection?

  68. Re: Facism, as usual. by David+Rolfe · · Score: 1

    Um. Yeah.

    I think it's pretty clear that in my and Eisenhower's opinion that a desire for the unification of state and enterprise is the precondition for tyranny. You can call it fascism, like Mussolini did when he unified the right-wing state and enterprise; you can call it Marxism like when Lenin unified the left-wing state and enterprise; you can call it whatever you want.

    How about we quit using the word fascism as name-calling against things we don't like and just agree that, no matter what they say on TV, politicians under ANY system of government in ANY nation of the world are intent on creating a pyramid scheme with which they can fleece the middle and lower classes for their own personal benefit. Once you accept the truth it becomes quite easy to demystify why Congress pulls the crap it does.

    I did not insinuate a whiff of fascism merely for name-calling. I've hope I've explained it. It's pretty straight forward really. Authoritarian state-run business, right-wing politics: Fascism. Authoritarian state-run business, left-wing politics: Marxism. Our political climate is right-wing (especially when taken in the global context of these terms). In fact, I outlined this right before I quoted the Columbia. (Sorry Godwin) I didn't bring up Nazis, the Third-Reich, make comparisons of certain leaders to certain mustachioed zealots, I only mentioned that any trend toward state-run capitalism reeks of fascism, just like any trend toward state-run communism (the ubiquitous welfare state) reeks of Marxism. I further went on to say that authoritarian governments, left or right, socialist or capitalist, fascist or Marxist, are all on the bottom of my list because their ideologies are meaningless without freedom. If the casual reader is unable to detect my nuanced use of the word, that's really their problem. I know you are just looking out for them when you admonish me for its use.

    (I've been getting a lot of flack lately for my deliberate, context and connotation considered word-choice. I haven't decided whether or not to tone it down. Cheers.)

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
  69. Re: Facism, as usual. by SilverspurG · · Score: 1
    Authoritarian state-run business, right-wing politics: Fascism
    As I know it, right wing means conservative, and a traditional conservative is in favor of smaller government at every turn. So how can we have authoritarian state-run business with minimalist government?
    Authoritarian state-run business, left-wing politics: Marxism
    Okay. Most of us call that communism but I'm not arguing. I agree with this one.

    You've really hit on the important point, though. Marxism/communism is about authoritarian states with respect to economies. Left wing politics are about using other people's money to help a (supposedly) subset of disadvantaged individuals. This is economic because it involves money. This is the sole defining characteristic of communism: economic redistribution. Most people never differentiate it from Socialism. Socialism can be differentiated from Communism through intent of the implementation. Communism intends to make everyone economically equal. Socialism intends to make everyone behave in a (supposedly) commonly acceptable manner. While socialism may use economic reinforcement (monetary penalties for misbehavior), socialism's intent is not to equalize everyone economically. Many communist governments will also employ socialist pursuits but communism doesn't necessarily mean that the government at all cares how the citizens behave, though, within acceptable limits (eg. murder).

    Communism and socialism are two often-overlapping circles, but there are implementations of both which could exlude the other entirely.

    So what of fascism? What _IS_ fascism? From what I've seen, every government labelled fascist has really been communist or socialist (or both). The only difference is that fascist governments tend to tell their people that the implementation is for the good of the people, whereas true socialist or communist states make no mistake that this is for the good of The State. In my opinion, fascist governments are any governments which lie to the people.

    Funny. The US federal government exercises most of the powers and behaviors of communist, socialist, and fascist governments. I agree that there's a minimal level which is common to any organized authority but, JEEBUS, we've reached intolerable extremes here.
    --
    fast as fast can be. you'll never catch me.
  70. Absolutely pointless by Ogemaniac · · Score: 1

    You are asking the wrong question. It is not "Do file sharers buy more music than average?" but rather "Do file sharers buy more music than they otherwise would if they didn't file share?". The answer to the former is yes, but that shouldn't be a surprise. The conclusion that music fans buy more music than average should not be a surprise. The average college kid with 4000 illegal songs on his computer probably still owns a couple dozen honest CDS, which puts him ahead of the average soccer mom or grandma, who owns three. However, the comparison group should be college kids from a decade ago (myself included), when CDs were common and file sharing not. I knew lots of people with hundreds of CDS, not a few. I sure don't see that now.

    The "sampling music" excuse is utterly lame. There are lots of ways to do it without filesharing and you know it. Honestly, it is easier than ever to find information about music before you buy than it ever has been.

    1. Re:Absolutely pointless by RoffleTheWaffle · · Score: 1

      What question was I asking? And just how lame is the 'excuse' I gave, which was actually just a portion of my source material? It may be lame to you, but it's very, very true. How do I know? It's very simple. I'm good friends or at least familiar with a great many of those damnable 'average Joe college kids' you seem so staunchly opposed to, and filesharing has made music enthusiasts out of many of them, whereas they were hardly even interested in exploring music beforehand. Unfortunately, I can't cite published source material for my own personal experiences.

      It's strongly implied that filesharers do indeed buy more music than they would if filesharing weren't available, because it provides direct exposure to unlimited amounts of content. They can sample tracks from hundreds of albums - and the albums themselves - before making a purchase, which is something that many folks I know personally used to only be capable of doing by sharing CDs. Albums don't come cheap, and while fifteen to twenty dollars may be a trivial expense to you, it's a purchase many folks would personally want to be quite certain of, given their budget. (If I was going to spend that much money at once, I'd make sure I was spending it on something I'd get a lot of use out of, no matter what it was.) That's often why I try to borrow albums when I can, and why a great many people download music so eagerly. Filesharing, combined with the rise in popularity of streaming internet radio, have both been working to greatly broaden the musical tastes of a great many listeners. I know this, once again, from experience.

      So why don't people use clip-sampling and other such methods to sample tracks? One, nobody wants to hear just part of a song, and I'll tell you right now, some songs start good and end really bad. (And vice versa.) Two, said services rarely provide clips from the whole album. Just how stupid is that? Anyone with even a remote interest in music knows that clip-sampling in its most common form is totally retarded. Meanwhile, filesharing is fast, easy, and gives you the entire track you're after. This is more than enough to entice most users into using it. Meanwhile, the difficulties encountered in clip sampling - and the half-assed attempts many companies make at hosting such services - repel many people, and frankly, I don't blame them. It's pitiful. Unfortunately, until now, clip-sampling was the most common and most widely accepted legal sampling method available, and as usual, the big content providers and publishers are now playing catch-up with technology. (As well as frantically chasing the Clue Train.)

      And so the lameness is nullified, and your argument demolished once again. Meanwhile, here's a real solution for the RIAA, as well as the MPAA, which we've neglected in this discussion. Make a complete library of all the material you've ever published, including any present-day material, available online using either a centralized downloading network or a distributed P2P network, which, might I add, dramatically reduces the amount of bandwidth required from a single person to operate a download site. Either make the songs available in a lower quality form this way, which would leave something to be desired, and further increase interest in purchasing the genuine article, or produce streams of content that would be difficult to retain and, once again, low quality. Popularize the service as a massive, free sampling network for music and movies - Don't just plop it down and say, "Hey, it's a sample." I'm talking a massive ad-campaign that will get people's attention - and make certain that it's going to be easy to use and actually convenient for users. More to the point, make sure it's quicker than the other networks out there, and does more for the user than your average P2P network. This could actually deliver results and give people much less a reason to illegally download, since a quicker, easier, legal alternative is available for all their sampling needs.

      Meanwhile, you conjoin th

  71. Re: Facism, as usual. by David+Rolfe · · Score: 1

    As I know it, right wing means conservative, and a traditional conservative is in favor of smaller government at every turn. So how can we have authoritarian state-run business with minimalist government?

    Ah! Well here's out misunderstanding. I didn't say conservative (as the word has a loaded meaning in the U.S. beyond economics). Conservatives like to believe they are classical liberals (they usually aren't these days, or they would all be big-L Libertarians). Saying "traditional conservative" is proof of its warped meaning. Anyway, the Wikipedia seems to have a good breakdown on right-wing as I use the term (it also discusses in the history section the muddying of the waters here in the U.S. as we have no true aristocracy, only lines of traditionally very-rich white people [the same families that end up in politics haha]). That is, right-wing is just a convenient term for anti-left. How did we get the word fascist, we got it from Italy (the only true fascist government... describing any communist/Marxist or socialist state as fascist is basically wrong) when Mussolini systematically oppressed the left-wingers. So anyway, there you have your contradiction, the right-wing Authoritarian state. If, to you, right-wing only means Republican or conservative then we really are not sharing the same conversation. Right-wing carries the baggage of Aristocracy/classism, statism/elitism, and socialist-antipathy besides just the liberal economics.

    I mean the short version is just as I put it, any anti-left (anti-socialist, thus right-wing) authoritarian government is fascist. I guess in that regard fascism doesn't imply conservatism or small government (small being almost meaningless here, but roughly "less-invasive" and "less-supportive" not necessarily smaller in apparatus). Anyhow, I shouldn't have said "State-run business" when referring to fascism, because the business isn't really run BY the state itself. When the citizen has committed himself to the state (willingly through nationalism, classism, elitism, or unwillingly by coercion or 'incentive'), he runs his business FOR the state at its discretion under its Law. There's no implication of state-ownership (like in communism). The effect of the business is that it is state-run (through its coercive policies, nationalistic allegiance, etc) even though it's not really run by the state. There's plenty of books about the rise of fascism in Italy. I only ever had to read one while studying WWII in school, so I'm no expert.

    Additionally, for all the crap Left and Right means:
    http://en.wikipedia.org/wiki/Left-Right_politics

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
  72. Totally OT: Taxes. by David+Rolfe · · Score: 1

    They don't pay those taxes. At the end of the day, when I buy a bag of Tostitos, the price I pay covers their profit margin for those taxes so I'm the one paying it. Even if I remove that column, though, I'm still at 57%. Tax on wages, tax on every dollar I spend, tax on utility bills, tax on gas, tax on beer (that's really the last straw), tax on everything.

    Yeah, I'm one of those nuts who thinks the Income Tax is a travesty. I don't mind consumption taxes, or property taxes, or even sales taxes, as for the most part they are voluntary. However, the "pay or get locked up" taxes, those are creepy. I mean Federal Income Tax wasn't even Constitutional until they screwed around with it ( I guess some argue it still isn't, but I'm not one of them).

    Finally, if I'm going to get income taxed to hell (or at all), I surely want corporations to pay at equivalent rates. When I hear that some company can lease a subway system in another country to have the subway company lease it back from them just to lower their U.S. taxes or that reincorporating in the islands somewhere cuts your rates... I don't know I just go crazy.

    Why can't I re-incorporate somewhere with lower income taxes? That's like saying immigrants only ever have to pay taxes to their country of birth. Wtf?

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
    1. Re:Totally OT: Taxes. by SilverspurG · · Score: 1
      I don't mind consumption taxes, or property taxes, or even sales taxes, as for the most part they are voluntary.
      I look at it overall. I don't mind ONE TAX. Just give me ONE TAX. Can't they figure out ONE TAX? We've all heard the saying "nickle and diming yourself to death" and that's exactly what our legislators are doing to us. They hide 0.5% here, and 0.1% there, and 15%, and 12% there... and none of us really knows how much we really pay because it's all tucked away here there and everywhere. Someone needs to tell them to get their budget under control and just get ONE TAX so that we can all see, plain and simple, what we're paying and what we're paying it for.

      Another dream, though. It makes perfect sense, if you're at the top of the pyramid scheme, to obfuscate the avenues.
      --
      fast as fast can be. you'll never catch me.
    2. Re:Totally OT: Taxes. by David+Rolfe · · Score: 1

      I think it would really bring home the cost of huge government if we did it this way:

      Chart the incomes of everyone. Figure out the cost of all government expenditure (plus interest payments on the gigantic debt). Divide this year's cost of government by the number of people with income above the poverty line. Send that bill to everyone. When the proletariat, er I mean middle class, revolts at the size of the bill compared to their per annum income, the system will change to use a sliding scale. The fat-cats and corps will complain, but no-one that received the huge tax bill could vote FOR the fat-cats (at last people would vote in their economic best interest). At which point all other taxes could go away... except sales tax, to rope the tourists. We'd get a sales tax dividend if somehow magically the government finally brought in more money than they spent.

      There's my two-tax pipe-dream.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    3. Re:Totally OT: Taxes. by SilverspurG · · Score: 1

      I hadn't considered tourists. I'm signing on with your two-tax pipe dream.

      --
      fast as fast can be. you'll never catch me.
  73. Re: Facism, as usual. by SilverspurG · · Score: 1
    when Mussolini systematically oppressed the left-wingers
    Just as today's US systematically oppresses any true right wingers/conservatives. If you even hint that you support the complete minimalization of government and strict adherence to the Constitution (with 9th and 10th amendments intact), you can find yourself labelled wacko, conspiracy theorist, and ridiculed in other less savory ways.
    Right-wing carries the baggage of Aristocracy/classism, statism/elitism, and socialist-antipathy besides just the liberal economics
    I've preferred to simplify things. I don't mind elitists. If they are elitist, but they're elitist without government help, they're still conservative and right wing. If, however, they have ever sought to use government authority to preserve their claim to elitism, then they are no longer conservative or right wing. If they only seek to use government authority when it suits them (most common), they are still using government authority, and therefore can no longer be conservative no matter what words come out of their mouths.
    <i>There's no implication of state-ownership (like in communism)
    In reality, though, is it any different? If the state owns your business directly, or you are beholden to them through taxes and regulations? At the end of the day there isn't any difference.

    The US differs from the (former) USSR only in a few extra levels of investors and banks between the regulators and the owners. If you think about the money pools, though, it's all about the same.
    Conservatives like to believe they are classical liberals (they usually aren't these days, or they would all be big-L Libertarians)
    Big L Libertarians are classical Conservatives, in that they believe to a minimalist government which does not exceed the powers as strictly outlined in the charter documents. We don't really have a truly conservative or right wing side in the US right now. Republicans are happy to use government when it suits them which makes them Liberal.

    Democrats feel that they can use government authority to help everyone equally. That's "liberal" about the rights and powers of government. Republicans make no attempt (well, recently they have for PR purposes) to use government to help everyone but they are still happy to use government when it suits to protect their business investments. In this fashion, they are still "liberal" about the rights and powers of government. One could say that Democrats are Stupid and Republicans are Evil in the Stupid and Evil show. To be less abrasive I'd say that one is foolish and the other is greedy.
    --
    fast as fast can be. you'll never catch me.
  74. Re: Facism, as usual. by Anonymous Coward · · Score: 0

    As I know it, right wing means conservative, and a traditional conservative is in favor of smaller government at every turn. So how can we have authoritarian state-run business with minimalist government?

    --------

    There is no evidence that any conservative government has been smaller than the previous government.

  75. This is real simple! by msormune · · Score: 1

    Since many of the people reading this thread probably are p2p lusers of sorts, why don't we combine out forces and create a p2p network which distributes only legal material. I'm absolutely sure that kind of network would get many, many, fine and outstanding users (*spoken with the voice of captain Lassard from Police Academy*) that would rush in and put up streams of their cats, dogs and small children. Not to mention those Linux distributions, which by golly already make up for probably 30 percent of all p2p activity.

  76. Re: Facism, as usual. by David+Rolfe · · Score: 1

    Big L Libertarians are classical Conservatives, in that they believe to a minimalist government which does not exceed the powers as strictly outlined in the charter documents.

    But we're also classical Liberals -- you're blowing my mind!

    me: There's no implication of state-ownership (like in communism)

    In reality, though, is it any different? If the state owns your business directly, or you are beholden to them through taxes and regulations? At the end of the day there isn't any difference.


    It may not be a difference, but it is still a relevant distinction. This is essentially what makes fascism different from communism. You are dangerously close to agreeing with me regarding the state of business in today's America -- a position you started this thread to discount: "The US differs from the (former) USSR only in a few extra levels of investors and banks between the regulators and the owners. If you think about the money pools, though, it's all about the same."

    That about does it for me. It seems like we are about to repeat the spiral. Let me put it this way before I agree to disagree -- Authoritarian Right-wingers (Fascists) want to redistribute the wealth to themselves, Authoritarian Left-wingers (Marxists) want to redistribute the wealth to everyone. Either the majority are serfs of the power-elite or everyone but the corrupt are serfs of the state (witness China's continuing transition from one to the other, haha). I can't call the U.S. government Marxist with a straight face, no one could; but as liberty diminishes, authoritarianism grows. If you can agree with that statement, then that puts us dangerously near the bottom of the Nolan chart. Either way, both Fascism and Marxism suck.

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
  77. Industry vs. Industry Corporations by David+Rolfe · · Score: 1

    I agree with your sentiment. However, I wasn't talking about the population that works in the TV/Movie/Music industry (if I were, I would have given the link that you did). I was talking about the big media companies themselves. http://www.opensecrets.org/pacs/category.asp?txt=C 2400&cycle=2006 That's why I chose the listing that I did. The company PACs are pretty evenly distributed, with an edge to Republican candidates.

    As a point of contrast between "the industry" and the industry's corporate overlords consider G.E. (a weapons contractor, among others). Here's the same corporation that is both providing you with corporate-media while at the same time equipping the most advanced fighting force on Earth. We bring good things to life. They have a vested interest in both the copyright cartels and continued military expansion and affect politics accordingly.

    I don't really want to get into a debate about G.E. or anything. I'm just saying that there's a difference between the people that work in the industry and voice of that industry in the halls of power (i.e., the corporate PACs and lobbyists). Regular Joes like me aren't writing legislation and getting it sponsored and passed by Congress -- but corporate lobbyists are.

    Maybe my distinction wasn't made clear in my previous post. If, so: apologies.

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
  78. Re: Facism, as usual. by SilverspurG · · Score: 1
    But we're also classical Liberals -- you're blowing my mind!
    Yeah. We're liberal about the people's rights and responsibilities, we're conservative about giving those rights to anyone else including government. I wish the media would help settle this duality. Just pick a side and let's start from there.
    Authoritarian Right-wingers (Fascists) want to redistribute the wealth to themselves
    Yes and that will happen in every implementation of organized authority. It's the fate of mankind to be susceptible to greed. So before we go pointing the finger and say "fascist", we need to think how that really is different from communists or socialists. There's no doubt that communism and socialism are grand ideas spawned by great benevolent men (well, maybe) but the reality is that, in implementation, those who are willing to sacrifice morals and values and benevolence to stab thier constituents in the back (for their own profit) will be the ones ruthless enough to rise to the top. That's the way life goes.
    Authoritarian Left-wingers (Marxists) want to redistribute the wealth to everyone.
    Yep. Marxist/communist.
    I can't call the U.S. government Marxist with a straight face, no one could
    Strip away the layers and layers of propaganda of what you think to be true about your rights and what really is true.

    I see it less in terms of what governments were supposed to be doing (economic equivalence, social equivalence, whatever) because everyone has a good PR pitch. If they didn't then they wouldn't be in business. You can't get the support of the masses by pitching to them that you're going to turn them all into indentured servants and then hand pick the ones who make it to positions of wealth and authority. Most people don't like that pitch unless you've guaranteed their ascension. So the truth is that the very first assumption you make when dealing with government is that, at some point, someone's lying about something to cover up their own personal profit motive.

    After that you start looking at governments not by definitions you read but by analyzing what they do and how they get it done.
    --
    fast as fast can be. you'll never catch me.
  79. Re: Facism, as usual. by David+Rolfe · · Score: 1

    Yes and that will happen in every implementation of organized authority. It's the fate of mankind to be susceptible to greed. So before we go pointing the finger and say "fascist", we need to think how that really is different from communists or socialists. There's no doubt that communism and socialism are grand ideas spawned by great benevolent men (well, maybe) but the reality is that, in implementation, those who are willing to sacrifice morals and values and benevolence to stab thier constituents in the back (for their own profit) will be the ones ruthless enough to rise to the top. That's the way life goes.

    And that isn't Fascism? You are again making my case. Lumping in the corrupt socialists doesn't undermine my point.

    me: I can't call the U.S. government Marxist with a straight face, no one could

    Strip away the layers and layers of propaganda of what you think to be true about your rights and what really is true.


    Are you, or are you not insinuating that the U.S. government is Marxist? I'll tell you what it isn't: conservative or libertarian.

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
  80. Re: Facism, as usual. by SilverspurG · · Score: 1
    And that isn't Fascism?
    Yes. It is fascism. It demonstrates that fascism is not a particular government by itself. Fascism is what happens whenever you corrupt any government scheme. When people get all worked up about fascists, they're really getting worked up over politicians who are lying about intent. Fascism is putting greed and personal profit ahead of the true duties of whatever government is in place be it communist, socialist, or a republic.
    Are you, or are you not insinuating that the U.S. government is Marxist?
    I am not insinuating anything. I'm labelling the US Federal Government as communist/Marxist. They exhibit all the same behaviors (economic redistribution) for all the same reasons (the public good and the good of the Nation) and, to top it off, they're fascist in that it's a lie. They don't actually care about the public good or the good of the nation. They only care about lining their own pockets first and everyone else, well, it's nice to have some good PR so maybe once in a while they'll let a few people in on the gravy train.
    I'll tell you what it isn't: conservative or libertarian.
    Indeed. No matter what the talking heads say there isn't a single true conservative movement to be found. There are isolated conservatives in Congress and the Senate. They have no real power against the majority of politicians and lobbyists who are milking the system for every dollar that we taxpayers are worth.
    --
    fast as fast can be. you'll never catch me.
  81. Re: Facism, as usual. by David+Rolfe · · Score: 1

    Well it seems that afterall we do basically agree on everything except one point... until the U.S. government "owns the means of production" I can't call it Communist or Marxist. In the meantime, I can say that it smells of fascism and exhibits socialist tendancies. These are things we already knew -- and agree upon. :-)

    Yay!

    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.