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Harnessing the Power of P2P, Looking Back

brajesh writes "It has been seven years since Napster, the first widely-used peer-to-peer music sharing service, was released, and it made a major impact on how people, used the Internet. NY Times has an article about Napster and how it quickly grew into an Internet phenomenon - not to mention the music industry's bête noire until it was shut down by the courts four years ago. The article also mentions Shawn Fanning, the creator of Napster and his new venture, along with other efforts like new version of Grokster, Apple's iTunes, trying to cope up with growing concerns of Copyright Violations and corresponding backlash against P2P file-sharing."

86 comments

  1. Sure it did... by Anonymous Coward · · Score: 2, Insightful

    and it made a major impact on how people, used the Internet.

    Sure it did. From that day on, people using the new protocol were all guilty before proven guilty. All people hear today are 'cutting sales', 'innovation', 'rootkit' for that matter. This is a new age I guess. And if you're not one of the 'big guys', it's not really fun...

    1. Re:Sure it did... by ScrewMaster · · Score: 1

      You forgot "stealing", "theft", "rampant piracy" and "defending the rights of the artists".

      And "hypocrisy", but that exists on both sides so I think it cancels out.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:Sure it did... by Landshark17 · · Score: 0

      and it made a major impact on how people, used the Internet.

      And how people use commas.

      --
      This sig is false.
  2. Hmm I wonder by synthparadox · · Score: 1

    I wonder how Shawn feels about letting loose the RIAA and the massive flood of lawsuits and etc that exists today...

    1. Re:Hmm I wonder by Powercntrl · · Score: 2, Informative
      I wonder how Shawn feels about letting loose the RIAA and the massive flood of lawsuits and etc that exists today...

      Like a sellout, perhaps?

      From above link:
      The creator of Napster has a plan to help file-sharing networks go legit and make money for the music labels.

      --

      ---
      DRM is like antifreeze, to the MPAA/RIAA it's sweet, to the consumers it's poison.
    2. Re:Hmm I wonder by TubeSteak · · Score: 1

      He's laughing all the way to the bank after stealing the idea from "The Real Napster" aka that guy from The Italian Job (2003)

      --
      [Fuck Beta]
      o0t!
    3. Re:Hmm I wonder by Anonymous Coward · · Score: 0

      You mean Seth Green? I see his name a couple times a day watching Family Guy and Robot Chicken... I think he's doing OK without Napster ;)

  3. Re:Wow by Kosher+Beef+Jerky · · Score: 1, Informative

    What 'repruhsent' is referring to (and what I was about to comment about) is that the article should read: "major impact on how people used the Internet." - The comma that is there right now is not only unnecessary, but actually completely incorrect. Try reading the sentence outloud, pausing at the comma. (Long enough to count to one.) When I read a sentence like that, it makes me retch. Additionally, there is the error at: "Fanning, the creator of Napster", which needs a comma after 'Napster'. It is not currently present. I recommend (additionally) that some of these sentences be shortened, or separated into multiple clauses with the use of a semi-colon. Additionally, I suggest reading "Eats, Shoots & Leaves" for more information (in an amusing medium) on the wonderful tool known as the comma.

  4. Summaries quality? by dorkygeek · · Score: 5, Funny
    Is it just me, or is the grammar of the summaries especially, bad on weekends?

    --
    Windows is like decaf - it tastes like the real thing, but it won't get you through the day.
    1. Re:Summaries quality? by hahiss · · Score: 0

      I don't know that the person writing that sentence is qualified to judge the quality of others' grammar.

      Get thee to a Chicago Manual. . . .

      --
      "Every decent man is ashamed of the government he lives under." - H.L. Mencken
    2. Re:Summaries quality? by Anonymous Coward · · Score: 1, Funny

      Nothing can save your lack of humour.

      Look up "irony".

    3. Re:Summaries quality? by LarsG · · Score: 3, Funny

      It, is just, you. ;-)

      --
      If J.K.R wrote Windows: Puteulanus fenestra mortalis!
    4. Re:Summaries quality? by TheRaven64 · · Score: 1
      I think you mean:

      Its just, you.

      --
      I am TheRaven on Soylent News
  5. Napster never lost his case, justice did. by k00110 · · Score: 4, Insightful

    Actualy if Napsters had has many lawyers and money as the Majors "babels", they would be where iTunes is right now. The ways laws work should be changed so people with the most ressources don't get an advantage over those without.

    1. Re:Napster never lost his case, justice did. by Anonymous Coward · · Score: 0
      You're giving them way too much credit.


      Napster never had any plans of "going legit." It was simply about piracy and trying to exploit the fame of being the first as much as possible. There was no business plan, there wasn't a plan to try to actally "sell" the music that was being stolen, there wasn't a plan to secure any of it. Shawn could have cared less.

    2. Re:Napster never lost his case, justice did. by RAMMS+EIN · · Score: 1

      ``The ways laws work should be changed so people with the most ressources don't get an advantage over those without.''

      Or rather, the way courts work. The combination of (1) spending more on lawyers increases your chances of winning, (2) the winning party still has to pay their own legal fees, and (3) court cases can be extended and extended again seemingly without bounds makes it very difficult for those with little money to win a case.

      --
      Please correct me if I got my facts wrong.
    3. Re:Napster never lost his case, justice did. by Anonymous Coward · · Score: 1, Informative

      That's not totally true -- Napster was quite open about their plans to blackmail the RIAA into paying them to go legit. Instead the record companies just sued them into the ground and took their trademark.

    4. Re:Napster never lost his case, justice did. by kesuki · · Score: 1

      well there is a simple solution they use in the NFL to help make profesional football more competitive... 'salary caps' if the amount of money that oj simpson could spend on his lawyers was limited by the dollar value that the state of california could spend on it's prosecution... well.. things mighta turned out differently.

      no reason to set caps on civil cases, since they're just about money, but for federal courts and criminal cases there really should be some kinda salary cap on legal fees.

      depending on how the caps worked prolonged cases would be even harder to pull off than a short trial. it might improve the morals and ethics of laywers if they weren't making obscene millions on protracted trials... it would be hard to figure out a good spending cap, and which court cases it would need to apply to, but if you really want a reform of the legal system salary caps on lawyers is the way to go.

  6. Captain Kirk? by XanC · · Score: 5, Funny
    and it made a major impact on how people, used the Internet.

    Is that you?

    1. Re:Captain Kirk? by Jerry+Coffin · · Score: 1
      Captain Kirk ... Is that you?

      What a waste -- I used up all my moderator points about 15 seconds before I saw this, but it's the funniest I've seen all day.

      New idea for Slashdot: ability to "borrow" against future moderation points -- if you see something that really deserves moderation, you can do it, but you have to pay "interest" on what you use -- using one point ahead of time takes up two points (or whatever) when you next get them -- and of course there's a limit on how far in debt you can go as well.

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
    2. Re:Captain Kirk? by PunkFloyd · · Score: 1

      I must say, this is one of the funniest /. comments I've seen in a while. Great job.

      -pf

    3. Re:Captain Kirk? by Anonymous Coward · · Score: 0

      ... and of course there's a limit on how far in debt you can go as well.

      We have that now. It's called zero.

  7. Napster had the most impact on the Net since WWW by saskboy · · Score: 3, Interesting

    I'd say that Napster shaped how people use the Internet. It was the greatest advancement in Internet use since the invention of the WWW for browsing. SETI@Home came out about the same time as Napster, and it paved the way for other distributed computing projects which have had some impact on the Internet's usage, but even the popular screensaver has been dwarfed by P2P sharing programs.

    I think SETI@Home would have been the biggest thing since sliced bread if they found a way to search for alien music online while looking for alien signals in space. And the Voltrons don't even have obscure earth copyright laws for downloaders to worry about, although their tenors do make your head explode if you crank the volume.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  8. sellout by Anonymous Coward · · Score: 0

    Shawn Fanning is a Communist sellout!

  9. Isn't it funny? by MightyYar · · Score: 3, Insightful

    Everyone who used Napster thought it was the coolest thing that had happened to music in a long, long time. How messed up is our system when something that universally praised met it's demise?

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    1. Re:Isn't it funny? by RAMMS+EIN · · Score: 1

      Maybe it's kind of like what happened in Iraq immediately after Saddam was removed from power. Suddenly, people massively started plundering, terrorizing neighborhoods, and killing their opponents. and no doubt some people gained a lot from it. Then, the new powers started cracking down on the unrest. Now, there is some unrest still, and the end is not in sight yet, but the massive lawlessness has ceased.

      The same development for Napster. When Napster came along, people started massively pirating music. The RIAA cracked down on it, and now the pirates are scathered over a multitude of smaller networks. The end is not in sight yet, but the massive surge in piracy seems to be over.

      --
      Please correct me if I got my facts wrong.
    2. Re:Isn't it funny? by MightyYar · · Score: 1
      There are some points where this analysis breaks down:

      1. No physical damage was inflicted, no one deprived of any property.
      2. No violence took place.

      Also, I take issue of the term "pirate" as applied to people who are not doing anything for profit. For instance, was I a pirate when I made a mix-tape for the girl I liked in 6th grade? I'd like to think not, but now I'm just arguing semantics - which side-steps the issue.

      I believe that laws should protect the interests of the electorate. The only people I heard complaints about Napster from were the IP stakeholders, and even they had to admit that it was a very cool technology. A lawyer friend of mine works for Time Warner, and she constantly was deleting the Napster install that her husband kept loading on to her laptop.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    3. Re:Isn't it funny? by Entropius · · Score: 1

      Back when I used Napster, I got a napster IM from a guy who had made one of the songs on my machine.

      He was quite pleased, and kept asking me what I thought of different parts, different effects, and the like.

    4. Re:Isn't it funny? by RAMMS+EIN · · Score: 2, Interesting

      ``Also, I take issue of the term "pirate" as applied to people who are not doing anything for profit. For instance, was I a pirate when I made a mix-tape for the girl I liked in 6th grade?''

      It depends on the law. In the Netherlands, for example, you are allowed to make a copy for personal use, and you're also allowed to lend your CDs etc. to friends (who are also allowed to make a copy for personal use). You are even allowed to make a copy on behalf of someone you know; this makes your mix tape perfectly legal. Downloading from the 'net also counts as making a personal copy, so it's legal as well.

      In the States, I understand, this is all very different.

      ``I believe that laws should protect the interests of the electorate.''

      You would expect so, in a democratic country. I think it's long past time for political reforms; there are many things wrong with the American political system, from a voter's point of view. Of course, that's just one arrogant European's opinion.

      --
      Please correct me if I got my facts wrong.
    5. Re:Isn't it funny? by Anonymous Coward · · Score: 0

      No one deprived of any property.

      Wrong. The people who worked hard to make the music people were getting for free were deprived of sales.

      Also, I take issue of the term "pirate" as applied to people who are not doing anything for profit.

      I take issue with people who think it is morally OK to take other people's work without their permission. The issue with Napster and all of the other piracy networks is that it results in the artists (and recording studios and...) being paid less for the work they have created.

      Now, as for the example of the person making a remix tape for a sixth grade music presentation--that is a completely differnet issue than taking an album I've bought, making mp3s of the album, and sharing it on the internet.

    6. Re:Isn't it funny? by Xarius · · Score: 1

      A lot of people in the past thought slavery was good too.

      --
      C17H21NO4
    7. Re:Isn't it funny? by Travelsonic · · Score: 1
      Wrong. The people who worked hard to make the music people were getting for free were deprived of sales.

      Sales aren't property, they are transactions or exchanges... in this case ones that have not even happened yet, and might not, even though that possibility is still in existance, you don't know (neither do I).

      I take issue with people who think it is morally OK to take other people's work without their permission.

      I could start a whole argument over "take" vurses "Copy" but I think that would be a REALLY bad idea both karma and reputation wise, so I will purge all of that from my brain right now... but I will say this, Beethove isn't giving concent on all these covers of his work, and it is morally acceptible... maybe that is because there are certain exceptions like fair use, and the expiration of copyrights that play a factor in that too though... ~_~ nevermind, I'm just about to make an ass out of myself.


      The issue with Napster and all of the other piracy networks is that it results in the artists (and recording studios and...) being paid less for the work they have created.

      I assume you mean networks used for piracy, right? Given the legal implementations for them that can be sough and all.... anyways, I disagree and think the problem really is about control. The lables can't possibly give a shit about those they claim to be representing (where does the lawsuit money go? How much th artists recieve from a single CD?)

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    8. Re:Isn't it funny? by ultranova · · Score: 1

      Maybe it's kind of like what happened in Iraq immediately after Saddam was removed from power. Suddenly, people massively started plundering, terrorizing neighborhoods, and killing their opponents. and no doubt some people gained a lot from it. Then, the new powers started cracking down on the unrest. Now, there is some unrest still, and the end is not in sight yet, but the massive lawlessness has ceased.

      Please explain how constantly killing people with car- and other bombs is not "massively lawless" ?

      And while you're at it, please explain what this has to do with Napster, which neither stole anything, nor harmed anyone, just helped people infringe on copyrights, many of which should had become public domain long ago ?

      The same development for Napster. When Napster came along, people started massively pirating music. The RIAA cracked down on it, and now the pirates are scathered over a multitude of smaller networks. The end is not in sight yet, but the massive surge in piracy seems to be over.

      Actually, I'm pretty sure that all of the current major networks are bigger than Napster was, since Internet usage has increased a lot since those days.

      Also, if the "massive surge" in copyright infringement is over, why are RIAA, MPAA and other Forces of Digital Darkness pushing for DRM ?

      Finally, please clarify: was your likening of RIAA and USA meant to

      1. Disparage the RIAA, making it look like the USA ?
      2. Disparage the USA, making it look like the RIAA ?
      3. Lend credence to the RIAA, making it look like the USA ?
      4. Lend credence to the USA, making it look like the RIAA ?
      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    9. Re:Isn't it funny? by RAMMS+EIN · · Score: 1

      ``Please explain how constantly killing people with car- and other bombs is not "massively lawless" ?''

      I said "massive lawlessness", not "massively lawless". Killing people is lawless, but it's not massively happening; not as massively as the plundering was, anyway.

      ``And while you're at it, please explain what this has to do with Napster''

      Plundering, terrorizing the neighborhood, and killing are illegal, and spreading music you don't have the rights to is illegal. The plundering, the terrorizing the neighborhood, and the spreading music all decreased and fragmented once enforcers started flexing theirs muscles. Obviously, there are great differences, but there's also a parallel, and that's what I was pointing out.

      ``Actually, I'm pretty sure that all of the current major networks are bigger than Napster was, since Internet usage has increased a lot since those days.''

      Perhaps. I know that back in the day, virtually everyone I knew who had Internet access was using Napster. Now, virtually everybody I know has Internet access, but I think only about half of them do filesharing, most who do do it much less frequently than before, and they don't all use the same service.

      ``Also, if the "massive surge" in copyright infringement is over, why are RIAA, MPAA and other Forces of Digital Darkness pushing for DRM ?''

      More power is always in their benefit. Also, again like the unrest in Iraq, it's not over yet.

      ``Finally, please clarify: was your likening of RIAA and USA meant to
      Disparage the RIAA, making it look like the USA ?
      Disparage the USA, making it look like the RIAA ?
      Lend credence to the RIAA, making it look like the USA ?
      Lend credence to the USA, making it look like the RIAA ?''

      5. None of the above.

      I just saw a parallel between the situations, and posted my thoughts, that's all. And, of course, I was responding to the parent's question how such a praised thing could meet its demise. People were given a chance to break the law, massively broke it, and control was tightened in an effort to stop them.

      --
      Please correct me if I got my facts wrong.
    10. Re:Isn't it funny? by Anonymous Coward · · Score: 0

      For instance, was I a pirate when I made a mix-tape for the girl I liked in 6th grade?

      My guess is you were a stalker. And a pirate. :-O

    11. Re:Isn't it funny? by MightyYar · · Score: 1
      Copyright is not a moral issue.

      Is whistling a tune you heard okay? Do you have permission to "copy" or "perform" it?

      Copyright is a simple matter of trying to encourage artists to produce - there is no natural right to an emitted sound wave, photon, or idea.

      Presenting someone else's work as your own - that is a moral issue, but that is not what we are talking about here.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    12. Re:Isn't it funny? by MightyYar · · Score: 1
      LOL. So, the two main arguments against my parent post so far have been:

      1. Napster was like the war in Iraq.
      2. Napster was like slavery.

      Please, I know you are trying to make a parallel to something concrete and physical, but Napster did not subjugate anyone, deprive anyone of the use of anything, or physically harm anybody.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    13. Re:Isn't it funny? by Anonymous Coward · · Score: 0

      Shut the fuck up you stupid bastard.

    14. Re:Isn't it funny? by Geoff-with-a-G · · Score: 1

      I think the point you're missing is that "popularity amongst its users" is not a very good benchmark for validity.

      The fact that I like doing something illegal doesn't mean that it should be legal.

    15. Re:Isn't it funny? by MightyYar · · Score: 1
      "Popularity amongst its users" was not my argument. "Popularity among the general public" was. I have only met two people that thought Napster was wrong (morally - just about everyone agreed that it was wrong legally). One is a contract lawyer and the other is a lawyer for Time Warner. Even then, the husband of the lawyer for Time Warner was using Napster. Maybe my sample population was slanted? Maybe, but I don't think so.

      The fact that YOU like doing something illegal - as you say - means squat. However, when the majority of people also like doing that something - well, that's what should determine law in a democracy.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    16. Re:Isn't it funny? by Geoff-with-a-G · · Score: 1

      However, when the majority of people also like doing that something - well, that's what should determine law in a democracy.

      It's not, actually.

      A majority that enjoyed owning slaves, segregating schools, etc. had those things taken away from them by a legally empowered minority. A minority chooses to get tattoos, but that doesn't mean we make tattoos illegal. The laws are determined based on larger realities and principles, not just what the population votes on. The fact that the majority of the people see being gay as morally wrong doesn't justify legislating against it. The fact that the majority of the people don't see copyright violation as wrong doesn't mean we should ignore copyright.

      You have to come up with better arguments for major public policy influencing billions of dollars than "everyone I know seems to agree that it's okay."

      Lastly, your sample is definitely biased. Your quote was "Everyone who used Napster". That's like saying "All murders I know think murder is morally okay." Of course the Napster users are biased in favor of Napster. I don't think a majority of the USA used Napster. Consider the percentage of people who even have broadband at all, and it begins to look pretty unlikely.

    17. Re:Isn't it funny? by MightyYar · · Score: 1
      You've gone back to comparing Napster to slavery and murders - at least you left out the holocaust.

      I made it clear in my last post that my argument is that most people think that sharing music is okay. Consider my "Everyone who used Napster" quote to be poorly phrased - my mistake.

      I am well aware of the deficiency of democracy, and will be happy to discuss alternatives that give minorities more voice. This web site has a number of voting methods that we could discuss. However, in this case we are not talking about murder, rape, or even theft. We are talking about modifying the economic rules under which the artificial construct called copyright should work. There is NO moral issue here - neither side has morality as their ally. My position is that the system cannot serve the interests of the general public if the general public thinks that the system is broken and largely ignores it. Creating a system that allows a service like Napster to exist in some form is what would best serve the public, in my opinion. Gone are the days when only the very rich can afford to distribute music, and our system needs to reflect that. We, the people, do not need them, the record companies, anymore - so why do we keep them around? Because they give money to congress, as far as I can tell. Or possibly, people have forgotten why we have copyright in the first place. It was not implemented to make people rich, though there's nothing wrong with that. It was implemented to encourage people to create, which I think is possible without 90-year terms, for example. Show me one media company that makes plans based on revenue models out through 90 years! How are we encouraging anything?

      Please, let's frame this discussion without comparing copyright rules to something as immoral as murder, theft, or slavery...

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
  10. Hmmmm by Sv-Manowar · · Score: 4, Insightful

    It's amazing how napster and the other p2p programs have really revolutionized the internet, before home pc's were common I knew no-one who would have over maybe 50 CDs. Now when I talk to anyone, they have a full iPod and tons of songs. Instead of hounding the net, the music industry should be celebrating how it has helped people find new bands and new genres that they like.

    1. Re:Hmmmm by issachar · · Score: 2, Interesting
      Absolutely. I just listened to the little music I had before. I almost never bought music and when I did, it was from second hand CD stores. Then P2P happened. I've got more music than I can listen to and my tastes have really expanded. (Of course I also went to college in the meantime, so that might have had an effect too).

      But P2P is a hassle. As easy as Limewire is, it's not as easy as I'd like it to be. (Although it is easier than going to a store and finding what I'm looking for).

      The napster subscription model works for me though. As long as they work out the small problems. I wouldn't have considered something like Napster before P2P. I wouldn't have felt any desire to have it because my musical tastes weren't that large.

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    2. Re:Hmmmm by Jerry+Coffin · · Score: 3, Insightful

      Instead of hounding the net, the music industry should be celebrating how it has helped people find new bands and new genres that they like.

      This would only make sense if the music industry really wanted to serve their customers -- and based on their actions, that's quite apparently not the case at all.

      First of all, I'm pretty sure that while the recording industry makes lots of noise about how much revenue they're losing due to P2P, they also have good enough financial analysts that when they're being honest with themselves, they realize that the real loss is essentially zero.

      First of all, the ability to actually search and find what you want to a large extent makes the recording companies irrelevant. Until recently, bands fell into two discrete categories: those with recording contracts, and those without. Anybody without a contract remained essentially a nonentity. Many bands were quite willing to sign virtually any possible recording contract, because even if they realized it was horribly unfair, they still ended up far better off than without it.

      Most of this derived from two things: distribution and promotion.

      With P2P, both of those are largely nullified. The P2P network provides absolutely anybody with essentially instant, worldwide distribution. Likewise, searching means people can find what they really want instead of depending on the record company promotions to tell them what they want.

      Now, it's true that the majority of what has been distributed over P2P networks has been material copyrighted by the record labels. Frankly, I doubt that's what they really cared about though -- what they cared about was the fact that if Napster (for example) had been allowed to survive for very long, there would have been a migration away from "their" music, and they would have faced utter irrelevancy.

      For them, this isn't a matter of boosting sales by an extra few percent -- it's a matter of outright survival. They probably also realize that it's really a losing battle. As an industry they're currently providing no value, and despite attacks on their intelligence, they're smart enough to realize that if they provide no value, they'll die.

      What they're doing right now is (I suspect) mostly a delaying tactic, trying to maintain some degree of relevance until they can figure out how to put themselves back onto the mainstream.

      I suspect iTunes (and its ilk) will be a large part of that. Contrary to implication elsewhere, while iTunes is certainly a way for people to download music, it's most assuredly not a p2p network. iTunes is a perfectly average centralized network where you're downloading music from ITMS' servers. It's centralized and controlled in almost exactly the same way as traditional music publishing was. In fact, in the long run it probably creates a situation even MORE favorable to the recording industry.

      With traditional brick and mortar distribution, the big distributors (Best Buy, Sam Goody's, etc.) had quite a bit of power over the recording companies. Most of this power derived from the fact that building thousands of record stores was expensive and difficult, so the supply of national distributors was fairly limited. The Internet and non-P2P record distribution like iTunes changes that: it takes virtually nothing to set up a reasonably usable international recording distribution network. ITMS is way out in front right now, but I'm pretty sure Apple realizes that there are thousands of other people with the capability and resources to put together a reasonably competitive offering in a matter of months.

      This means ITMS has virtually not power when they bargain with the record labels. Previously the record labels probably had something like 80% control over the music stores. I'd guess with Yahoo! Music, ITMS, MP3.com, etc., they see a chance to have more like 95% control, and they like that idea a whole lot.

      ITMS (for one) may seem a lot like Napster in a

      --
      The universe is a figment of its own imagination.
    3. Re:Hmmmm by daigu · · Score: 1

      The only thing the music industry celebrates is more money in their pockets - which is not happening according to their traditional models.

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


      First of all, I'm pretty sure that while the recording industry makes lots of noise about how much revenue they're losing due to P2P, they also have good enough financial analysts that when they're being honest with themselves, they realize that the real loss is essentially zero.


      It is very much the case. RTFA. The fact of the matter is this: Record sales are going down. Illegal P2P downloads are going up.


      First of all, the ability to actually search and find what you want to a large extent makes the recording companies irrelevant.


      You missed one minor technical detail: Musicians, producers, studio engineers, and session musicians actually like getting paid for their hard work.


      Most of this derived from two things: distribution and promotion.


      You forgot "paying all the people who work hard to make a great album of music".


      Now, it's true that the majority of what has been distributed over P2P networks has been material copyrighted by the record labels. Frankly, I doubt that's what they really cared about though


      Oh, it's very much what they care about. Case in point: Record companies did nothing to stop IUMA, who was delivering musicial content in mpeg compressed format before mp3 even existed.

      I do agree record companies went too far when they tried to stop the original Diamond Rio, however.


      For them, this isn't a matter of boosting sales by an extra few percent -- it's a matter of outright survival.


      You are 100% correct. If everyone downloads instead of pays for music, the record companies plain simply will not be able to survive. You can't keep a company afloat when your revenues are 0.


      I suspect iTunes (and its ilk) will be a large part of that.


      I suspect you are right. As a practical matter, the record companies will profit from downloadable music when everything is said and done. iTunes doesn't make Apple any money, but is a very profitable revenue stream for the record companies. When push comes to shove, most people do not feel comfortable getting music without permission; the video game/software industry has always thrived even though piracy has been around since day one.

      Things are changing; I agree that Sony went too far with their DRM. What annoys people is that the record companies treat all of their consumers like criminals; hopefully the backlash caused by Sony's antics will make the record companies completely rethink how they treat their customers.

      When the record companies stop being so heavy-handed and back down, many people who pirate content will no longet feel comfortable doing so. I do feel guilty for getting my music from allofmp3 instead of iTunes or the like; I was planning on making my content legitimate until I found out about Sony's stunt.

      One thing to keep in mind is that many, many people can make music. Very few can make music that is actually worth listening to. This is why people download the latest Gwen Stefani song instead of some garage band.

    5. Re:Hmmmm by sznupi · · Score: 1

      Music industry doesn't want to "help people find new bands and new genres that they like". The want to impose limited number of "artists" and genres, that's all.

      --
      One that hath name thou can not otter
    6. Re:Hmmmm by Jerry+Coffin · · Score: 2, Insightful
      It is very much the case. RTFA. The fact of the matter is this: Record sales are going down. Illegal P2P downloads are going up.

      That depends on who you listen to -- according to the RIAA (i.e. representing only the largest labels) sales are going down. NARM (representing record stores) disagrees -- they claim that although it's slow, there is actually growth in record sales.

      IOW, much of what's happening is that independent labels are growing at the expense of the major labels. The assertion that illegal P2P downloads in increasing seems completely unsupported. I'd guess that, if anything, the opposite is true: since Napster was shut down, illegal P2P downloads have slowed substantially.

      All of this also ignores the economy as a whole: the fact is that the economy in general slowed substantially around five years ago, and especially luxury industries have had flat to falling sales since then. IMO, P2P downloads are purely a red herring, and record sales would be down about the same (or even a bit worse) if nobody had ever invented "P2P" at all. Again, NARM takes this into account -- for example, though they it was "offset by cannibalization", they admit that "...sales were stimulated by file sharing". Also note that this is from 2000, when file-sharing was at its height.

      You missed one minor technical detail: Musicians, producers, studio engineers, and session musicians actually like getting paid for their hard work. [...] You forgot "paying all the people who work hard to make a great album of music".

      I didn't miss this at all -- I ignored it because it's irrelevant. An engineer, musician (session or otherwise), etc., working for an independent label doesn't do it for free either. Likewise, when a musician decides to publish directly, he's rarely doing it for the sake of charity either.

      In any case, a great album rarely needs much expensive production work. A great album is recorded, and transferred to its final form with a minimum of fuss or bother. The albums that are expensive to produce are mostly mediocre garbage made by "musicians" whose talent (if any) is in areas like synchronized dancing, not music.

      It's also worth noting that costs in this area are really substantially lower than they used to be as well -- as with many other things, computerization has made engineering/post product substantially easier and faster than used to be the case.

      Oh, it's very much what they care about. Case in point: Record companies did nothing to stop IUMA, who was delivering musicial content in mpeg compressed format before mp3 even existed.

      You're making a fundamental mistake here. On one hand, there's what they really care about. On the other, there's what they have at least some minimal excuse to take people to court over. The fact that something doesn't fall into the latter doesn't necessarily exclude it from the former.

      One thing to keep in mind is that many, many people can make music. Very few can make music that is actually worth listening to. This is why people download the latest Gwen Stefani song instead of some garage band.

      Sorry, but this is pure BS. The reality is that lots of people can came music that's actually worth listening to. Addding things up in my head, so far this year I've heard at least seven local acts who are every bit as good as Gwen Stefani, and IMO, at least one of them is substantially better. Unless you happen to live near me, and go to listen to local bands, you've probably never heard of any of them though.

      There are a lot worse examples than Gwen Stefani too. Face reality though: complete lack of musical talent hasn't stopped a lot of boy bands (to name just one class) from making tremendous amounts of money.

      --
      The universe is a figment of its own imagination.

      --
      The universe is a figment of its own imagination.
  11. Like Moop? by rolandog · · Score: 1

    Why don't all the artists gather and refuse to play?

    1. Re:Like Moop? by daikokatana · · Score: 1
      Because most artists nowadays are one-day-wonders, puppets of the industry, and therefor happy with the way things are going?

      The REAL artists, those who take pride in their music (whatever genre it may be) and who care about their fans have a hard enough time as it is.

      --
      http://jcsnippets.atspace.com/ - a collection of Java & C# snippets
    2. Re:Like Moop? by rolandog · · Score: 1

      I know,... I was making a reference to South Park... (your first reaction should've been "Who the heck is Moop?").

      But I agree,... the real musicians seldom get enough attention. Then again, a great example of a talented contemporary composer/musician can be found here.

  12. The New Napster... by issachar · · Score: 5, Informative
    Having just signed up for the new Napster a couple of days ago, I think they might actually have something worthwhile.

    The subscription model is good. I still don't trust buying something digital that I can't copy. I also tend to have tastes that change all the time. For $10 per month I get "everything". Even if the DRM is crackable, why would I bother doing it? I'm still going to want to get new music and $10 per month isn't going to break the bank.

    Napster downloads fast and it's simple. Limewire and the like are cheaper, but they're slightly more of a hassle and my time is worth something to me.

    It does have a few problems though...

    1. The subscription model breaks down unless they've got virtually everything I'd want to listen to. This means they need to have everything. Everything Independent music, foreign music, all of it. If it's just favoured RIAA stuff only or even worse, RIAA stuff without they're best music it'll fail.
    2. They've got 1 million songs available in the UK and the US, but only 700,000 in Canada? I asked them about it, and they said it was because of different music licensing in different countries. So... Fix it! That's an excuse not a reason.
    3. Having part of library unavailable for streaming/download and available only for purchase as tracks are sold in iTunes. Lame. If I wanted to buy music a la carte, I'd go with iTunes. Apple sells them for less anyway. That goes with point #1. The subscription has to be total or people will continue to use other P2P. And if they're using P2P, they might stop using Napster.
    4. Charging extra for letting you listen to your music on a DRM-enabled mp3 player. This should be basic service. It just looks greedy.
    5. The searching interface needs improvement. Too much clicking required.
    6. The software should not crash. Which it did when I was listening to my first song. It got messed so badly I had to use System Restore to get it back. No problems since then though. It might have had to do with upgrading to Windows Media Player 10. (I see no reason to do that again and confirm my suspicion.
    7. I hope they fix the problems. Overall, I like the service.

    --
    . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
    1. Re:The New Napster... by zoloto · · Score: 1

      It's pretty sad when people are used to, and almost accepting of things we shouldn't be. You even listed them all.

      1) too much clicking. this shouldn't have to be done period, only on signup of the service.
      2) crashes. having to use system restore to get back your computer and it's still acceptable (wtf???)
      3) having to use their DRM -bs enabled player and it's still acceptable (again, wtf???)

      This is not a service, based on your own review, that I would ever be willing to get into. Perhaps if they had a plugin for iTunes, WMP or WinAmp where the drm was transparent with an easy way to store your license in plaintext (gpg signed to your own email address, etc...), yeah - MAYBE.

      BUt the fact that this is acceptable to people in general disgusts me. Napster isn't as big as it used to be and never will be with the poor choices they've made. Music licensing across different countries need to change because as far as I'm understanding it... it's music. You can buy CD's anywhere legally and encode them to your hard drive for personal use; so what's the big deal?

    2. Re:The New Napster... by Anonymous Coward · · Score: 0

      I hope they fix the problems. Overall, I like the service.

      I hate to break it to you, but most of the problems you mentioned are in the "can't fix/won't fix" category. They can't get all the music you want because they can't afford the overhead. They don't have foreign music because, like every other music store, they have to deal with different licensing in other countries. (This is definitely not just an excuse -- if it could be solved, iTunes would have done it, which they haven't) The streaming vs. downloading issue is part of their fucked up business model -- they don't have the clout to change it; likewise with players. Since they don't have an iPod cash-cow, they have to scam you some other way. The interface and crashing......well, let's just say they're not Apple and never will be.

    3. Re:The New Napster... by issachar · · Score: 1
      I don't think you don't have to break it to me, you have to break it to the record companies. P2P isn't going to go away unless they get a better business model to replace it. The subscription model is one if they don't screw it up. If they don't screw it up, (or only screw it up very minimally, people like me will flock to the service.

      If they screw it up badly, then Limewire and all the networks like it will continue to thrive and they lose. I really hope they don't screw it up.

      About the foreign music thing. I'm actually referring more to the RIAA than Napster. It's their choice to license their music to Napster.com but not to Napster.ca. But doing so is a mistake if they want Napster.ca to thrive and make money for them.

      Or is there something else above the RIAA preventing them from licensing the same music to Napster.ca as to Napster.com. (I can't think what that might be).

      --
      . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
    4. Re:The New Napster... by toddestan · · Score: 1

      (This is definitely not just an excuse -- if it could be solved, iTunes would have done it, which they haven't)

      I'm sure it's a solvable problem, I'm just guessing that the number of foriegn tracks that people would purchase would be so low that Apple/Napster/etc. don't consider it worth the trouble.

  13. No, napster was wrong by RAMMS+EIN · · Score: 1

    ``Actualy if Napsters had has many lawyers and money as the Majors "babels", they would be where iTunes is right now.''

    No, it's in the way they set it up. iTunes worked with the labels to get a deal satisfactory for both parties. Napster ignored the label's wishes until the labels dragged Napster to court. Twist it how you will, but Napster shutting down and iTunes thriving is exactly how it should be.

    --
    Please correct me if I got my facts wrong.
    1. Re:No, napster was wrong by issachar · · Score: 1
      You mean with Napster working with the labels blessing? Because that's where Napster is right now.

      I'd say that the success of iTunes has a lot more to do with Apple's savy marketing and the quality of the product than the legal woes of the first incarnation of Napster.

      --
      . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
    2. Re:No, napster was wrong by illectro · · Score: 2, Informative

      Actually, there Napster and several other internet music companies (myplay, musicbank etc etc) all tried working with the labels and were universally stonewalled. The napster case was actually the catalyst that got the labels talking with the digital music companies, but by that time most of the 'legal' companies were in bad shape financially and folded. had built all the technology and sales models we see in the market years before the Itunes music store appeared and won all sorts of awards for innovation.

    3. Re:No, napster was wrong by mildgift · · Score: 1

      That deal would be: at $1 a song, you make almost no money on the transaction, therefore, few companies without loads of venture money would be able to compete.

      The small margins forces the online sellers to consolidate, until there is decent profit margin. This ultimately works out for the big companies.

  14. And history repeats itself by RAMMS+EIN · · Score: 3, Informative

    It's funny how history repeats itself here.

    Before Napster, people downloaded music from websites, and usually paid for it.

    Then Napster came, and it was a revolution. Suddenly, downloading music got big. Unfortunately, the widespread illegal practices on the network were used to force Napster to shut down.

    Many people have tried to set up services similar to Napster in spirit. Virtually all of these get attacked by the **AA sooner or later, usually resulting in them shutting down. That's the short cycle.

    In the meantime, many people have gone back to downloading music from websites. That's the long cycle.

    --
    Please correct me if I got my facts wrong.
    1. Re:And history repeats itself by Anonymous Coward · · Score: 0

      In the meantime, many people have gone back to downloading music from websites. That's the long cycle.

      By "many" do you mean something like twenty? Cause everyone I know that actually downloads music does so using kazaa, emule, or both.

  15. Files on P2P are NOT EXACT copies of the CDs by Anonymous Coward · · Score: 1, Insightful

    I don't see how they even have a case. First off CDs are recorded in PCM, files are usually traded in MP3, if you compare the files side to side they are totally diffrent. If you convert the MP3 to PCM you will still see that both files are not the same. When a copyright is applied it is applied to THAT recording, not the varations that are made by computers to make the file smaller. While my defense might not hold up in court, it makes everyone stop and think.

    1. Re:Files on P2P are NOT EXACT copies of the CDs by issachar · · Score: 1
      Not really. The copyright has never been on the exact bits. No-one has ever claimed it was unless they were trying to set up a straw man.

      Since the copyright was never about exact copies, proving that they're not exact bit for bit copies is irrelevent. (And just adds noise to the conversation).

      --
      . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
  16. Re:Napster had the most impact on the Net since WW by InterStellaArtois · · Score: 2, Funny

    I think SETI@Home would have been the biggest thing since sliced bread if they found a way to search for alien music online

    That's one for The Onion:

    Furious lawyers representing the Recording Industries Association of Neptune arrived on planet earth today to initiate litigation in response to the latest internet file-sharing phenomenon - Search for Extra-Terrestrial Music @ Home ...

    "12-years old or not", snarled Zgilrolivolgh, "this little pipsqueak is leeching off our deprived artists who can barely afford a breath of CO2 between releases".

    OK so maybe I shouldn't write it but the idea's there.

  17. P2P by phunster · · Score: 2, Interesting

    Most of the replies seem to be focused on music file sharing. This is a result of the RIAA and MPAA demonizing P2P in order to protect themselves without regard to the legal uses of P2P. I believe that P2P democratizes the Internet, it gives a developer the opportunity to distribute something that he/she has created without incurring the costs of bandwidth. It gives a new band without a recording contract a way to distribute their music. It gives a filmmaker without a studio "deal" an affordable way to distribute a film . In the 90s the mantra of many businesses was that by using the Internet a small business could look like one of the big guys and compete on quality, service and price. The fight to keep P2P alive is about a lot more than stealing. Their are many ways to prevent the illegal use of P2P without destroying it. Let's get on that bandwagon before it is destroyed so that a few very rich companies and individuals can protect their wealth.

    1. Re:P2P by RAMMS+EIN · · Score: 1

      Exactly. This helps large free software projects (Linux, Mozilla Seamonkey, OOo), too, because they can now offer large downloads at decent speed, without having to pay for enormous servers and bandwidth. To me, that's where the real wins of P2P are. Sure, I played with Gnutella a bit back in the day, but that was more for checking out the new technology than for the music.

      --
      Please correct me if I got my facts wrong.
  18. p2p is more than file sharing by Anonymous Coward · · Score: 1

    A big problem with the current genre of "p2p" editorials, here on /. and elsewhere, is that "p2p" has become synonymous with "file sharing", or "illegal file sharing". Whether the result of conspiracy or accident, the result is that the foundation stone of the internet, point to point communication, without central control, is being constantly disparaged. P2P, in the general sense, means that you and I, whether we are next door neighbors, or live halfway around the world, can negotiate and conduct transactions without some meddling intermediary. This is the real promise of the internet, the promise that that is being subverted by this constant barrage of "p2p" hype pieces.

    Point to point means you can deal with the artist directly. Point to point means Viacom, Fox, MSNBC, Sprint, etc. have absolutely nothing to do with how you communicate with your friends in India. With your purchase of Christina Aguilara's next hit. With the distribution of source code, virtual machines, software radios, and so forth.

    P2P is what we want. Don't let Big Media subvert the meaning of the word in furtherance of their own selfish self-centered centrist objectives.

    1. Re:p2p is more than file sharing by Anonymous Coward · · Score: 0

      I agree with your sentiment . . . how is finding p2p companies libel for something illegal that a user does different from finding gun companies libel for something a gun owner does . . . or car companies and car owners etc. IP and copyright are getting protections that people dont get. This seems dumb and dangerous, but then again so does most of what is happening in the world today.

  19. Re:Wow by Anonymous Coward · · Score: 0

    I'd stop reading slashdot if I retched every time I read a grammatically incorrect sentence. But that's just me.

  20. I don't get it... by ovit · · Score: 1

    So, Fanning's new venture Snocap, sounds like their trying to get people to pay for music on a p2p network?

    So, I get to pay for low bitrate, inconsistantly labled and unorganized music? What a steal!

    Is it just me or does it seem like this new venture hasn't a snoballs chance in hell of success?

          td

  21. To each their own.. The New Napster... by issachar · · Score: 2, Insightful
    Well, to each their own. I like the service. If you don't then I guess it's not for you.

    About the DRM. If you don't like it, that's your beef, but I see no problem in principle. Their DRM lets me download my music to a player and take it with me. I see no problem. iTMS lets you download your music to a player and take it with you. Again, no problem. I just prefer subscription to a la carte.

    I DO see problems with DRM in an iTMS style purchase model. If I buy a song I want to actually be able to do anything I want with it. (Use Winamp, whatever). But with Napster I'm not buying the music. I don't want to buy it. As soon as I'm unhappy with the service or I see something I prefer, I quit. In a model like that, DRM makes sense. Without DRM that model wouldn't be available to me.

    I doubt you'll get an iTMS plug-in because I suspect that Apple would have to agree to it. Why would they do that? They like the iPod-iTunes duo.

    About the too much clicking though, I think you misunderstood me. No clicking at all in an interface? That wouldn't work for me. I'm just talking about the fact that I have to click a drop down menu to indicate a search for artist or track or whatever, click again in the text box for my search terms, and click again to begin the search. iTunes has a single box that refines my search every time I type a character. Much nicer.

    --
    . --- If you're looking for free e-mail you won't find it here! http://www.noemailhere.com
  22. The change is in distribution, not the product by Simonetta · · Score: 1

    Napster changed the distribution of the product, but not the nature of the product itself. The product being, in this case, an unchangeable audio recording. The true revolution of P2P will happen when people start assuming that what they are downloading is not a finished selling product, but a musical piece that is constantly changing and in development. Present technology doesn't allow the recording to be changed after it has been 'solidified' into a finished product. Future technology may allow this to happen. For example, if you don't like the guitar solo in a song, you can't change it, delete it, rerecord it, and upload your version. The best that you can do now is paste your change on top of what is there already. Nor does P2P like Kazaa have any way to keep track of or let others know in detail what you have done to the recording. It can only transfer the actual file from one PC to another.
        The music industry has to get out of the 20th century mode of thinking that what they offer is a solidified unchangeable audio recording and start thinking in 21st century terms of marketing access to an artistic process. Their efforts to prevent the exchange of fixed recordings is bound to fail because of the nature of the new technology; its unlimited copying and distribution character of fixed unchanging files.
        What the music industry really needs to worry about is that someone else will develop a means to financially profit from the concept that music can become a mass-collaborative process instead of the distribution of disks with unchangeable audio recordings. Were that to happen, then the current music recording companies would become irrelevant to the new music scene. A new scene that doesn't depend around the 20th-century concept of superstars. If that happens, then they may find themselves in a position where they couldn't give away their musical product for free even if they tried.

  23. Not entirely their, fault, this time... by Zooka · · Score: 1

    November 20, 2005 - Breaking news from Ann Arbor, Michigan:

    The University of Michigan has announced, that as many as 60,000 commas have escaped from, a campus laboratory, some time late, Saturday night or early Sunday, morning. University officials are still, unsure, at this time how, the escape happened. They are currently, working together with surrounding communities, to control, the spread of the outbreak.

  24. Dont have to be exact copies. by nurb432 · · Score: 1

    Even if that argument were to gain traction, ( I do happen to agree with you on that one ) there is still the issue of 'unauthorized performances', which is also part of copyright law.

    It can bite you even if you played all the instruments yourself, and had nothing to do with 'copying'. Remember they are licensing content for 'private performances', not the medium/encoding formats.

    --
    ---- Booth was a patriot ----
  25. I for one plan on continuing its use by Anonymous Coward · · Score: 1, Informative

    I plan on continuing to use p2p as a method of distributing online content created by ....myself. I run a low-power website. If there is only one person trying to get content, then fine, ftp or http are fine. If there are more, (and at times more can mean tens of millions more), then neither my site, nor my ISP cannot handle the load. I created the content. I licenced it, and I get to distribute it if I want to. Bittorrent is an *OUTSTANDING* way for individuals to push content to the masses. The only people who don't want it, are those who own traditional means of content distribution and have a very very hard time sharing power with others. Bittorrent in itself isn't illegal. The content I put on it isn't illegal. I drive my car safely, others speed (I've seen them). I don't want you to take away my car because some people speed, and I don't want you to take away my Bittorrent because other people steal. Next thing you will try to take away someones gun because some people can use it to steal.

  26. Time to Unify P2P into a Module or Layer, yet? by ivi · · Score: 1

    - File-sharing programs & networks...
      - SKype's VoIP...
      - (etc.)

      There must be some commonality between
      the many P2P protocols out there, yes?

      Isn't it time, now, to handle P2P
      as a unified "layer" in Linux, etc.?

      There must be a way to make all the
      P2P programs run more efficiently,
      in less memory space than they do
      today...

      My 2 cents... hopefuly not -too- far
      Off-Topic to be considered by dev'rs.

  27. Don't forget BitTorrent y'hear! by John+Muir · · Score: 1

    Or downloading music "from" websites for free, courtesy of BitTorrent

    Damn, it's the best transmission system full stop, for the fully legal use I put it to as well! *cough*

  28. Re:Napster had the most impact on the Net since WW by 615 · · Score: 1

    Am I the only one in the world who didn't use Napster because I'd already discovered that other service and it was so much freakin' better? Does anyone know what I'm talking about? I can't remember the name of it, but it wasn't iMesh or any of the current P2P networks. No, these guys got shut down shortly before Napster did. They had a really nice client, and all kinds of content, not just MP3s.

    If I remember correctly, they cached the files on their servers, so if you had broadband, you got blazing fast download speeds. It had to have been around '99 or 2000, 'cause I was living with my ex at the time. Argh. It frustrates me to no end that I never hear anyone mention it in these Napster discussions. It was the bomb.
  29. A real problem by blackest_k · · Score: 1

    I was at a market today and there were maybe 20 or more stalls packed with ps2 xbox games, dvd's cd's full of mp3's. Dvd's generally go at £5 or 3 for £10. Quality seems to be quite high sleeve work tends to be reasonable.

    The question I really have is how does it make any sense to be prosecuting kids and blackmailing parents for file sharing for free. When adults are making thousands every weekend selling the content. I would guess people prepared to fork cash over for a pirate copy might be legitamately counted as a lost sale...

  30. Re:Napster had the most impact on the Net since WW by saskboy · · Score: 1

    Morpheus didn't come out until a while after Napster hit it big, and there was a Mopheus alike that was iMesh I think, although it might have been called something else. Those were the first 2 P2P programs that I used. Then Gnutella in 2000, using dialup.

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
  31. MOD PARENT UP by pixelcort · · Score: 1

    Yes, please.

    --
    http://pixelcort.com/
  32. MOD PARENT UP by pixelcort · · Score: 1

    Yes, please. Pretty please.

    --
    http://pixelcort.com/