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130 Filesharer Homes Raided in Germany

Flo writes "Today, 130 homes have been raided in Germany under the allegation of filesharing. Law enforcement agencies had been monitoring an eDonkey-Server for two months. 3500 identified users are being investigated. Searches took place when users shared more than 500 files. Partners of the music industry helped identifying copyrighted material, but monitoring of the servers was solely done by law enforcement."

431 comments

  1. Easy to guess what's coming by Henry+V+.009 · · Score: 4, Funny

    I invoke Godwin. Thread closed.

    1. Re:Easy to guess what's coming by Who235 · · Score: 4, Informative

      From Wikipedia:

      "There is a widely recognized codicil that any such deliberate invocation of Godwin's Law will be unsuccessful."

      Better luck next time. . .

    2. Re:Easy to guess what's coming by panxerox · · Score: 1

      Wow, lota riaa shills on tonight.

      --
      "It's so convenient to have a system where everyone is a criminal" - A. Hitler
    3. Re:Easy to guess what's coming by commodoresloat · · Score: 1
      First, they came for the Germans, but I didn't...

      Wait a minute...

    4. Re:Easy to guess what's coming by Anonymous Coward · · Score: 0

      the law doesn't say to close the thread -- it just says that eventually nazis will be mentioned in indefinitely lengthed threads.

    5. Re:Easy to guess what's coming by Anonymous Coward · · Score: 1, Funny

      Only a Nazi would say that.

    6. Re:Easy to guess what's coming by strider44 · · Score: 1, Flamebait

      Better luck next time. . .

      Don't be a smart arse. You're lucky you aren't living in Nazi Germany - you'd be sent straight to a concentration camp for crap like that.

    7. Re:Easy to guess what's coming by gEvil+(beta) · · Score: 4, Funny

      Why do you have to be such a Godwin Nazi?

      --
      This guy's the limit!
    8. Re:Easy to guess what's coming by shenanigans · · Score: 2, Informative

      That's because Godwin's Law is a descriptive law, not a normative law.

      It describes what happens when a thread goes on long enough, and says that eventually someone will compare the other side to Nazi germany. It never says that anything should happen, that would be a normative law.

      You can't invoke Godwins law any more than you can invoke the law of gravity.

    9. Re:Easy to guess what's coming by Anonymous Coward · · Score: 0

      I invoke the law of gravity on your karma!

    10. Re:Easy to guess what's coming by Anonymous Coward · · Score: 0

      From the jargon file: http://www.catb.org/jargon/html/G/Godwins-Law.html

      "As a Usenet discussion grows longer, the probability of a comparison involving Nazis or Hitler approaches one." There is a tradition in many groups that, once this occurs, that thread is over, and whoever mentioned the Nazis has automatically lost whatever argument was in progress.

      It all depends on what the tradition is on slashdot (me not been here long enough to know)

      But as it is a deliberate trigger or Godwins then it doesn't auto-end the thread.

    11. Re:Easy to guess what's coming by shenanigans · · Score: 1

      See, told you it wouldn't work :-)

    12. Re:Easy to guess what's coming by Anonymous Coward · · Score: 0

      How the hell is that flamebait? Stop throwing away your mod points.

      It's pretty fucking funny. Go to Sprawl*Mart and buy a sense of humor. NOW.

  2. Oh, no! It's red! by Kagura · · Score: 0, Redundant

    What should we do? Tell us, O Slashdot!

  3. But... by The+MAZZTer · · Score: 2, Funny

    But noone mentioned the Nazis... aw shoot, I guess I just did. :/

    Thread closed, sorry folks.

  4. I invoke my Triple-S Rule by OverlordQ · · Score: 4, Insightful

    Searches took place when users shared more than 500 files.

    I hereby invoke my Triple-S Rule which stats: Sharing Shit (they) Shouldn't

    News flash: Break the law, and you might get caught.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 0

      Break the law, and you might get caught. yeah well, at least you can still find yourself a good hooker online... www.wheresmyho.com

    2. Re:I invoke my Triple-S Rule by SetupWeasel · · Score: 2, Insightful

      Break the law and you may get caught, if you are a consumer. If you are a business, you get to settle out of court for pennies on the dollar.

    3. Re:I invoke my Triple-S Rule by Mistshadow2k4 · · Score: 2, Insightful

      Settle? Most of them never even have to settle. Somebody tell me again why regular citizens shouldn't be allowed to break the law while corporations do so whenever they please.

      --
      I dream of a better world... one in which chickens can cross roads without their motives being questioned.
    4. Re:I invoke my Triple-S Rule by DrEldarion · · Score: 4, Insightful

      That statement is ridiculous - it should be the opposite. "Somebody tell me again why corporations should be able to break the law when regular citizens get busted for it."

    5. Re:I invoke my Triple-S Rule by pintomp3 · · Score: 1

      news flash: law enforcement being used to protect private interests (not that two wrongs make a right)

    6. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 0

      nah, I like mist's version better.

    7. Re:I invoke my Triple-S Rule by Bega · · Score: 1

      So I guess if I'm sharing the HVSC, I'm quite the suspect for investigation? Seems logical to me.

      --

      THIS IS THE INTERNET. PLEASE PICK UP YOUR SERIOUS BUSINESS SUIT AT THE FRONT COUNTER.
    8. Re:I invoke my Triple-S Rule by m874t232 · · Score: 1

      Well, that's all just fine, except that Germans already pay up the wazoo to the music industry for their computer systems and blank digital media (even those that are used for other data). Even if the music industry didn't sell a single track in Germany, they'd still get huge amounts of money from German consumers.

    9. Re:I invoke my Triple-S Rule by IAmTheDave · · Score: 1
      That statement is ridiculous - it should be the opposite. "Somebody tell me again why corporations should be able to break the law when regular citizens get busted for it."

      Both are equally rediculous in the simple fact that corporations are afforded the rights of a human being but are held to different, much lower, much more forgiving standards.

      GP post is worded well to show the rediculous nature of this unbalance. Not that Santa Clara County v. Southern Pacific Rail Co. isn't rediculous itself.

      --
      Excuse my speling.
      Making The Bar Project
    10. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 0

      And what exactly does "pay up the wazoo" mean, you cretinous fucknut?

    11. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 1, Interesting

      a) because politicians (who make and pass the laws) are financed by businesses. We only get to elect whoever has been financed by businesses first.
      b) because destroying a corporation would also destroy a lot of tax revenue and livelihoods of many employees.
      c) increasing the risk of "difficult" litigation to the businesses decreases the opportunity for successful businesses to appear.

      It's not a perfect world, mate. And politcal corruption is the worst kind because it corrupts the topmost politicians.
      In (loosely citated) words of Michael Moore (Fahrenheit 911) - when the business gives your president 100 millon dollars a year (in bribes) and your state budget just a few , then who's your daddy?

      When you find the cure to corrupting power, please do let us know!

    12. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 0

      Please, it is "ridiculous". You've butchered not only the spelling but the pronunciation.

    13. Re:I invoke my Triple-S Rule by IAmTheDave · · Score: 1
      Please, it is "ridiculous". You've butchered not only the spelling but the pronunciation.

      Bon Echo has built in spell checking. Until then, please refer to my sig.

      --
      Excuse my speling.
      Making The Bar Project
    14. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 0

      "pay up the wazoo" means "pay anything", of course - this is Slashdot, after all: Most of the teenagers here don't get large enough allowances to actually buy their music, so they just use their parents' Internet connection to steal it.

    15. Re:I invoke my Triple-S Rule by kimvette · · Score: 2, Informative

      It means that with these suits, they get to tear consumers new wazoos!!

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    16. Re:I invoke my Triple-S Rule by Anonymous Coward · · Score: 0

      FYI, most of HVSC consist of copyrighted material. Music from mid-eighties computer games is every bit as illegal to share as music performed by Britney Spears. Copyright law doesn't treat old material differently than new material. HVSC is not a legal source for music downloads.

      cheers/
      Lars

  5. This confirms it. by The+MAZZTer · · Score: 4, Interesting

    Law enforcement officials ARE running servers. I think this has been mentioned on Slashdot before... at least I think someone traced a server group to Sony or the RIAA or something.

    1. Re:This confirms it. by Anonymous Coward · · Score: 1, Insightful

      NEWSFLASH: Sony and the RIAA are not law enforcement agencies.

    2. Re:This confirms it. by HaloZero · · Score: 5, Insightful

      Let me be exceedingly clear on this point.

      The RIAA and the Sony Entertainment Corporation are NOT LAW-enforcement agencies. They are entities designed to make money. In making said money, they have the means to buy government influence.

      This is called corruption, even while the coporation continues to screw the consumer.

      The ethical debate we - as citizens, consumers, potentially file-sharers, and ultimately the ones with the votes - have to deal with is: which is more, or in this case less ethical? Corruption at a federal or even International level, or Copyright Infringement?

      That is a choice I leave to you.

      --
      Informatus Technologicus
    3. Re:This confirms it. by jrockway · · Score: 4, Funny

      > NEWSFLASH: Sony and the RIAA are not law enforcement agencies.

      What country do you live in?

      --
      My other car is first.
    4. Re:This confirms it. by Anonymous Coward · · Score: 0

      No it would be corruption if when sony or RIAA told law enforcement of the breachs and said law enforcement then said it is stupid. The Law is the Law, right or wrong the police et al are compelled to enforce it when a breach is presented to them. You seem to be suggesting that it is corruption??? Do you rally want police to choose which laws they want to enforce and which they will ignore????

    5. Re:This confirms it. by einstienbc · · Score: 1

      I think the grandparent implies that it is such corruption that had such laws brought forth in the first place.

      --
      If you die horribly on television, you will not have died in vain. You will have entertained us.

      --Kurt Vonnegut

    6. Re:This confirms it. by shark72 · · Score: 0

      "The ethical debate we - as citizens, consumers, potentially file-sharers, and ultimately the ones with the votes - have to deal with is: which is more, or in this case less ethical? Corruption at a federal or even International level, or Copyright Infringement?"

      Why even set up a straw man here? Big companies buying government influence is bad. Copying somebody else's work against their wishes is also bad. It's not an either/or, and certainly not a situation where two wrongs make a right.

      "That is a choice I leave to you."

      The implication here is, of course, that if you're against copyright infringement, then you're for corporate corruption of government.

      --
      Sitting in my day care, the art is decopainted.
    7. Re:This confirms it. by Anonymous Coward · · Score: 0

      In soviet russia, we take big pride in copying your copyrighted material.
      But we also take big pride in screwing our customers, I mean consumers..

    8. Re:This confirms it. by Jah-Wren+Ryel · · Score: 1

      NEWSFLASH: Sony and the RIAA are not law enforcement agencies.

      Correct, they are lawsuit engagement agencies.

      --
      When information is power, privacy is freedom.
    9. Re:This confirms it. by pembo13 · · Score: 1

      So often such stupid sentiments are post anonymously.

      --
      "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
    10. Re:This confirms it. by professionalfurryele · · Score: 2, Informative

      Erm, the police do choose what laws to enforce and what to ignore. Pretty much any crime on an ordinary citizen has zero chance of being solved. That would suggest to me that more resources should be devoted to that. If that means completely ignoring copyright infringement, instead of completely ignoring muggings, burglary, etc, then that is something I can live with.
      Bottom line, the police only care about organised crime, crime involving rape or death (got to keep the proles happy somewhere) and crime that their politician overlords have dictated is important. And what is copyright infringement such a serious crime? Because our politicians are bought and paid for.

    11. Re:This confirms it. by marbella · · Score: 1

      Usually big companies do as they please. :-(

    12. Re:This confirms it. by voice_of_all_reason · · Score: 1

      Why, actually, yes. I want everyone to uphold only just laws.

    13. Re:This confirms it. by rbanffy · · Score: 1
      -- My other car is first.

      Loved that

    14. Re:This confirms it. by joeljkp · · Score: 1

      Lots of people believe that indiscriminately sharing someone else's copyrighted material is wrong and should be illegal.

      --
      WeRelate.org - wiki-based genealogy
    15. Re:This confirms it. by sabre86 · · Score: 1

      Its important to note that "wrong" does not imply "should be illegal." Also, its not someone else's material -- its someone else's copyright to that material. You can't own an abstract concept.

      Furthermore, sharing copyrighted material -- even indiscriminately -- is legal under many circumstances. Fair use, material that the author has stated he wants indiscriminately shared, etc. Even when it's not legal, its not immoral -- the copyright system (at least in the United States) is a practical compromise to encourage artistic innovation. Copyright explicited limited in duration. Though, as someone said earlier, thats not how the laws have worked out. The current system is unquestionably broken and unjust, and disobeying is a reasonable act of civil disobedience.

      Even if the laws were more limited, copyright is still a bad idea, partly because its existence as a concept allows for it to be abused to the extent we see today. Also, copyright is a method for limiting the spread of information. Despite its good intention, providing economic incentive for creative works, it is a first stone in the road to hell. Information control is necessary for thought control and that is exactly where the perversions of the copyright concept -- the DMCA, DRM, criminal sentences for copyright infringement, moral rights -- lead. To think of something requires that you copy it in some sense. Books, files and patterns are functionally extensions of our memories and our minds. Thus, the concept that someone can own abstract information or content or control the right to copy it implies that that someone may control your thoughts of that content.

      The short stoy: copyright seemed like a good idea at the time, but the levels of abuse we see today make it too dangerous to keep around. There are other incentives, some of them econmic -- look at webcomics like Something Positive -- for creating new works. There is no reason to risk my freedom of expression -- even the expression of someone else's words or thoughts -- or worse, my freedom of thought for a mere economic incentive.

      --sabre86

    16. Re:This confirms it. by Anonymous Coward · · Score: 0

      Well said. Also worth noting is that something being the beliefs of "lots of people" does not mean it should necessarily receive the force of law behind it. The canonical examples are state religion and Hitler winning in a popular election.

    17. Re:This confirms it. by deblau · · Score: 1
      which is more, or in this case less ethical? Corruption at a federal or even International level, or Copyright Infringement?

      Phrased another way, which society would you rather live in: one with no laws against copyright infringement, or no laws against corruption?

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  6. firewall domestic/national peers? by Adult+film+producer · · Score: 1

    If you're american, just shut off all peer connections from your comrades in the states.. connect to japanese/canadians/europeans.. I'm sure they'll be happy to share files with you.

    1. Re:firewall domestic/national peers? by cgadd · · Score: 1

      you don't read so well? The server in the article wasn't in the states, it was in Germany.

    2. Re:firewall domestic/national peers? by jginspace · · Score: 1
      firewall domestic/national peers?

      And how might this be done? You lose points for replying 'dns'. Also whois data is no quarantee and the free geo location services are unreliable. (The free ones seem to be just an aggregation of whois data.)

    3. Re:firewall domestic/national peers? by jginspace · · Score: 1
      The server in the article wasn't in the states, it was in Germany.

      1) I think the point being made was clear.

      2) I don't think the article says where the server was; it just says the Germans had 'access' to it. Check Google News for more sources in English.

    4. Re:firewall domestic/national peers? by Baseball_Fan · · Score: 4, Insightful
      If you're american, just shut off all peer connections from your comrades in the states.. connect to japanese/canadians/europeans.. I'm sure they'll be happy to share files with you.

      I don't think that would help. They can nail you for sharing files, even if the people you are sharing with are outside the USA. I don't believe law enforcement has to prove the other party downloaded anything, just that you were sharing.

      What if someone in Germany was sharing a popular MP3. I download it in the USA. Does that make it less of a crime than if I downloaded it from someone sharing in the USA.

      But to the point. These laws are stupid. File sharing is no different than what many people did in the 80's when they made tapes of music and shared it. Or taped music off the radio. I remember when radio stations used to not speak when a song started, so you could make a good copy. Now, the RIAA is going nuts and calling it theft. I always believed theft is those guys who profit selling pirated copies. But giving it away for free because you liked a song is not the same thing. Too bad the law disagrees with me. It makes me believe the RIAA used lots of cash to buy legislators to vote their way, after all, running an election is expensive.

      If you ask me, the RIAA is a bunch of jackholes. Long before they started suing, they invaded the p2p networks and made available bad copies of mp3's. People would download them, and then realize it was 3 minutes of a screeching sound. I stopped buying music around that time and I remind myself just how friendly those big music companies are. I guess it wasn't good enough when I used to buy CD's and listen to the occasional MP3 on-line. Now they can live without my money.

      And look at the trends with television viewing. Everything is going digital, so you won't be able to make a copy of anything. No more VHS, even TiVo is having a new flag which will force anything recorded to be deleted in 7 days (if the station uses the flag). And to top it off, when you want to fast forward commercials, guess what TiVo does? A pop up box with an advertisment is shows. Geez, isn't that why I'm fast forwarding. Lets face it, we live in a world where movie theaters force us to watch 30 minutes of commercials before they start the movie we payed $10 to see with the $6 popcorn and $6 soda. And when the DVD comes out, we are forced to watch previews of the FBI warning screen without the ability to fastforward. And a year later, the same DVD is released with special features.

      They exists to rip us off. If they just wanted sales, they would treat the customer with respect. But there are too many people, and there is always someone willing to buy.

    5. Re:firewall domestic/national peers? by Adult+film+producer · · Score: 1

      I really have no idea but maybe there's a public DB of ip blocks sorted by their country of ownership somewhere on google? I would start off by blocking everybody, then building a whitelist isp's that looked foreign..

    6. Re:firewall domestic/national peers? by RaNdOm+OuTpUt · · Score: 4, Funny

      [T]he RIAA...invaded the p2p networks and made available bad copies of mp3's. People would download them, and then realize it was 3 minutes of a screeching sound.
      No, they were perfectly good MP3s. That's what people call "music" now.

      --
      13. Any legal action is absolutly excluded. (Pi World Ranking List rules)
    7. Re:firewall domestic/national peers? by countach · · Score: 1

      >I don't think that would help. They can nail you for sharing files, even if the
      >people you are sharing with are outside the USA. I don't believe law enforcement has
      >to prove the other party downloaded anything, just that you were sharing.

      The point is, it's a lot harder to catch you if you're sharing over national borders. German police may try and catch naughty Germans, but the chance that they would be organized enough to share the information to other countries, and figure out all the legal issues is much less likely for a minor-ish crime like copyright infringement.

    8. Re:firewall domestic/national peers? by KDR_11k · · Score: 1

      First result on Google.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    9. Re:firewall domestic/national peers? by KDR_11k · · Score: 1

      Ack, forgot the closing quotation marks again.

      http://ip-to-country.webhosting.info/

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    10. Re:firewall domestic/national peers? by Deliveranc3 · · Score: 1

      What if someone in Germany was sharing a popular MP3. I download it in the USA. Does that make it less of a crime than if I downloaded it from someone sharing in the USA.

      Since they are busting people for sharing not downloading yes...

      Also now it's a good idea to start buying drugs from Mexicans get them to throw them across the border to you...

      We welcome your business!

    11. Re:firewall domestic/national peers? by shmlco · · Score: 4, Insightful

      "File sharing is no different than what many people did in the 80's when they made tapes of music and shared it."

      I beg to differ here. Making a copy of a tape or record and giving it to a friend is "sharing". Making 10,000 copies and giving them to 10,000 friends [sic] is "publishing".

      Moreover, sharing had a built-in limitation because it had a cost: the tape. How many high-school kids in the '80s bought 10,000 tapes, made copies, and then just gave them away to strangers?

      Sorry, but publishing is not fair use.

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    12. Re:firewall domestic/national peers? by NoMaster · · Score: 3, Insightful
      People would download them, and then realize it was 3 minutes of a screeching sound.
      This is nothing new. You're probably just too young to remember Yoko Ono...

      --
      What part of "a well regulated militia" do you not understand?
    13. Re:firewall domestic/national peers? by 0x0000 · · Score: 1

      I can't speak to suitabilty for firewalling (perhaps the Chinese govt could help, there;)), but I have found this list - http://www.iana.org/assignments/ipv4-address-space - to be quite useful in a couple instances of trying to determine where a give class A block is registered.

      If I understand this,
      RIPE == Europe
      APNIC == Asia/Pacific
      AfriNIC == Africa
      ARIN == US

      There is probably more to that, but I leave that as an exercise for those enquiring minds that want to know...

      --
      "The Internet is made of cats."
    14. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      According to the Heise.de Article, the server was in Köln/Germany.

    15. Re:firewall domestic/national peers? by Rakshasa+Taisab · · Score: 1, Informative

      That is just an arbritary limit you decided upon. (Unless you weren't including the plural of friend in your argument, but since this is /. I'll just assume you have no comprehension of that concept)

      So making a copy to a friend (1) in sharing, and making copy to a second friend (2) is also sharing, same for that other friend of yours (N + 1). Now, by this we can deduce that it is ok to make copies to infinitly many friends.

      --
      - These characters were randomly selected.
    16. Re:firewall domestic/national peers? by Calydor · · Score: 0

      I'll admit to not remembering the cost of a tape back then, but do the math on what it costs to have computer, net connection, etc. compared to the tapes. I'm sure you'll find that at least a couple of thousand tapes have been paid for then.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    17. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      10000 sharers would make 10001 criminals equally guilty,
      how would that make any one of their acts more severe than sharing to just one.

      P2P does have a cost, many times that of blank tapes,
      perhaps anyone bying broadband is guilty of preparing to crime since
      leaving it unused would be plain stupid.

    18. Re:firewall domestic/national peers? by Lars+T. · · Score: 2, Insightful

      So driving 1 mph isn't speeding, 2 mph neither, and to not break your little "no arbritary limits" rule, driving 100 mph through a domestic area shouldn't be speeding either.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    19. Re:firewall domestic/national peers? by RossumsChild · · Score: 1

      Everything is going digital, so you won't be able to make a copy of anything.

      Uhhh. . . you might want to revisit your understanding of "digital" sir.

      In fact, you weren't able to make a perfect copy of anything *until* things started going digital.

    20. Re:firewall domestic/national peers? by LunaticTippy · · Score: 1
      I suspect this won't help.

      There are RIAA type operations in most developed countries, and they probably aren't above sharing information amongst theirselves.

      --
      Man, you really need that seminar!
    21. Re:firewall domestic/national peers? by Volante3192 · · Score: 1

      So driving 1 mph isn't speeding, 2 mph neither, and to not break your little "no arbritary limits" rule, driving 100 mph through a domestic area shouldn't be speeding either.

      So taking your analogy, it's legal for 1 person to drive 25 mph in a domestic area, and it's legal for 2 people to drive 25 mph in a domestic area, therefore it's legal for n+1 people to drive 25 in domestic areas.

      So, by your analogy, everyone can give out 25 copies, and taking account the population of the planet, on average, everyone can get 25 copies of the same thing.

      Not that I've ever seen anyone drive 25 in a residential area, usually it's 30-35.

    22. Re:firewall domestic/national peers? by Suzumushi · · Score: 1

      The point I believe he is making is that digital media allows for copy prevention mechanisms that analog media could not.(DRM, broadcast flags, encryption and other general anal leakages from the RIAA and MPAA) Digital media, if compared on a scale of interoperability and usablity (is this a word?) is actually worse than the old analog tapes.

    23. Re:firewall domestic/national peers? by tpemble · · Score: 1

      What happens when I give a song to my friend, who gives it to his neighbor, who gives it to his girlfriend, and so on. How is this different than all of them getting the same song from me? Sure, in the days of cassettes, there is a certain amount of quality loss.. but not so much with digital recordings.

    24. Re:firewall domestic/national peers? by Spaceman40 · · Score: 1

      One problem: this is Slashdot - we don't have infinitely many friends. :)

      --
      I [may] disapprove of what you say, but I will defend to the death your right to say it.
    25. Re:firewall domestic/national peers? by kentrel · · Score: 1

      That's the stupidest analogy I've ever read - did you actually compare file sharing\publishing to driving cars?

    26. Re:firewall domestic/national peers? by Kijori · · Score: 1

      He was just pointing out how stupid the other user's post was.

    27. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      you seemed to have missed the point of the other's post... which was that it's illogical for 1 shared copy to be ok but not 10,000. if it is ok to share with one friend than what is the cut off as to how many friends is no longer ok? 5? 17? 100? 10,000?

    28. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      Costs me a pc, an overpriced internet connection, a cd-burner and some media to burn to. Albeit relatively cheap, its not free either.

    29. Re:firewall domestic/national peers? by Lars+T. · · Score: 1

      No, I compared his stupid analogy to an stupid analogy you would understand.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    30. Re:firewall domestic/national peers? by kentrel · · Score: 1
      No, I compared his stupid analogy to an stupid analogy you would understand.

      I rest my case.

    31. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      I happen to agree with that argument, actually. But I've been clocked at 149mph in a construction zone but got off with a verbal warning. :)

    32. Re:firewall domestic/national peers? by HermMunster · · Score: 1

      That made me laugh harder than I have in years. Thanks for the Yoko Ono comment.

      --
      You can lead a man with reason but you can't make him think.
    33. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      Its ok only if you use a 12 dbi directional antenna to share files from your neighbor's un-protected access point connected to his DSL.

    34. Re:firewall domestic/national peers? by rtb61 · · Score: 1

      They are not pubishing they just to share it with one person at a time and they are expecting that person to only listen to a stream of it and not record it. That is the expectation and belief and all P2P file sharers who own a legitimate copy and want to allow other people to digitally make use of that copy for stream and not record (one at a time) when they are not using it. It is not the responsibility of the sharer to ensure that the other P2P users stick to the commonly accepted belief and principle of how P@P networks are used. Try and prove this belief false in court against any individual who claims it as their belief about how P2P networks functions.

      --
      Chaos - everything, everywhere, everywhen
    35. Re:firewall domestic/national peers? by NameCritic · · Score: 1

      Ahhh and then there is the whole new thing with the patent from Phillips where if something is copied, you can't fast forward through the commercials. The ability to do so is disabled. It will even disable your ability to channel surf during the commercials. Basically disabling your remote control. You Vill Vatch All of Our Commercials. Ve have our Vays!

      --
      Chris McElroy aka NameCritic http://www.blogs.pn
    36. Re:firewall domestic/national peers? by Anonymous Coward · · Score: 0

      regarding your .sig:

      If that's all you think the United States Constitution is good for, it's your own damned fault. Go live in some other county, if you aren't alreday doing so.

  7. This actually happened to me a few weeks ago by Anonymous Coward · · Score: 5, Funny

    Last week I was sitting around, screwing around on fark.com, when there was a knock at the door. My mom awnsered it, and it was an individual claiming to be from the RIAA, along with two county sheriff's deputies. My mom (stupidly) let them in, and the deputies came into my room and proceeded to throw me to the ground while the RIAA guy started looking around on my computer. I demanded to see a warrant and informed them that they did not have permission to search my belongings, but they said that they didn't need one due to some new state law (I live in Missouri). Anyway, they eventually found my stash of MP3s and my mom got scared and said "you're moving with your auntie and your uncle to Bel-Air" I whistled for a cab and when it came near the licensplate said fresh and had a dice in the mirror. If anything I could say that this cab was rare, but I thought now forget it, yo home to Bel-Air! I pulled up to a house about seven or eight, and I yelled to the cabby yo, home smell you later. Looked at my kingdom I was finally there, to settle my throne as the prince of Bel-Air.

    1. Re:This actually happened to me a few weeks ago by Qzukk · · Score: 0

      he prince of Bel-Air

      Dammit, the containment field has been breached! Everyone, run for your karma! 4chan is leaking onto slaWHERE IS SARAH CONNOR?

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    2. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      California uber alles! The governator for Prez! Do androids dream of electric sheep? mmm... electric sheep... WTF?

    3. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      O RLY?

    4. Re:This actually happened to me a few weeks ago by All_Star25 · · Score: 1

      NO U

    5. Re:This actually happened to me a few weeks ago by iron-kurton · · Score: 1

      Goddamnit you had me going until the mom got scared part. That and the funny tag. I was getting all worked up again... Geez, I gotta do something to relax a little. What's that you say? Fark.com? Roger that.

      --
      Change is inevitable, except from a vending machine -- Robert C. Gallagher
    6. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      around snacks, nevar relax

    7. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      Dammit, the containment field has been breached!

      Calm down, no need to get all paranoid about a few inexperienced newcommers.

      [size = 26][color = blue]Welcome to slashdot![/color][/size]

      Wait a minute, where am I?

    8. Re:This actually happened to me a few weeks ago by Ravear · · Score: 1

      man this is the type of stuff I come to slashdot for :D

    9. Re:This actually happened to me a few weeks ago by lolocaust · · Score: 1

      You should really go to 4chan for that sort of stuff, granted theres a bit more noise, but that's where gems like this originate from. SEE ALSO e3 the chatlog from a couple of weeks back.

      --
      Why does my post history abruptly stop? I want to laugh at the stupid things I posted as a kid.
    10. Re:This actually happened to me a few weeks ago by m50d · · Score: 1
      Lameness filter encountered. Post aborted!

      (USER WAS BANNED FOR THIS POST)

      --
      I am trolling
    11. Re:This actually happened to me a few weeks ago by kyjl · · Score: 1

      No.

      NOnoNOnoNOnoNO.

      What happens in 4chan, STAYS in 4chan!

      --
      Perl, n. A language spoken by Eskimos.
    12. Re:This actually happened to me a few weeks ago by void24601 · · Score: 1, Insightful

      You sir, are a prince amoung men!

    13. Re:This actually happened to me a few weeks ago by blue+inferno · · Score: 0

      HOLY FUCKING SHIT EPIC WIN

    14. Re:This actually happened to me a few weeks ago by MeanJeans · · Score: 1

      That was fantastic. Thank you. LOL

      --
      =====
      imagetweak.netWeb-based image t
    15. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      jesus christ bel air is the best meme ever

    16. Re:This actually happened to me a few weeks ago by shdwtek · · Score: 1

      That was great.

    17. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      4chan has started making trouble in our neighborhood :P

    18. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      What's odd is that I actually half expected that...

    19. Re:This actually happened to me a few weeks ago by kimvette · · Score: 1

      Oh man you had me going until I got to and my mom got scared and said "you're moving" then I looked and saw you had a funny tag. I kept reading though, because a) you suckered me and b) it was pretty darn funny. Your post makes me think that /. should run daily contests for "funniest post of the day."

      Your post is definitely the funniest post I've read on here all month, let alone today. The Yoko Ono "screeching MP3" post would be a close second for the day. :)

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    20. Re:This actually happened to me a few weeks ago by cparker15 · · Score: 1

      Wow, can they really ban Anonymous Coward?

      --
      Have you driven a fnord... lately?

      You must wait a little bit before using this resource; please try again later.

    21. Re:This actually happened to me a few weeks ago by Frightening · · Score: 1

      [Offtopic]

      My grandma (few years ago) was once alone at home when the fedex people came along with my new video card. She locked the door twice and told them to slip a note under the door, and when thy did she told them to go away. Robbers she thought. Had to go get it myself.

      Your momma needs similar training.

    22. Re:This actually happened to me a few weeks ago by Anonymous Coward · · Score: 0

      Anonymous Coward does not forget

  8. Not much sympathy by LifeNLiberty · · Score: 0, Troll

    I'm as liberal as the next guy, but people who steal things understand the risks involved, or if they don't, they deserve what they get simply out of ignorance. Actively sharing that much is flaunting illegal activity, and when you do that, you're gonna get caught. I think the RIAA is stealing from us as much as we from them but unfortunately their stealing is legal, and in any case two wrongs don't make a right. That's not saying that I disapprove of piracy, just that if people get caught its not like they can make a case that what they're doing doesn't deserve punishment.

    1. Re:Not much sympathy by goldspider · · Score: 1

      I'm officially Godwining all "Filesharing isn't theft" threads.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    2. Re:Not much sympathy by cution · · Score: 1

      Unfortunately you're confusing stealing, where the property owner actually loses something, and copyright infringement, which, arguably, is quite a different thing.

    3. Re:Not much sympathy by LifeNLiberty · · Score: 1

      Copyright Infringement in this case is stealing, though I believe there is equal fault in both sides because the insane markup by the RIAA is tantamount to Grand Larceny, if the artists marketed the songs direct and you shared them, however, that shouldn't be legal, as the author deserves some proceeds from their work.

    4. Re:Not much sympathy by 4D6963 · · Score: 1
      I'm officially Godwining all "Filesharing isn't theft" threads.

      Huh?? I thought the Godwin law was all about comparisons to Hitler and the 3rd Reich?

      --
      You just got troll'd!
    5. Re:Not much sympathy by Anonymous Coward · · Score: 0

      2 wrongs dont make a right, but what makes 'our' stealing wrong? I dont believe it is.

    6. Re:Not much sympathy by cution · · Score: 1

      I fail to see how it's equal to stealing in this case, in ANY meaningful way, when the people who are downloading copies of the music probably weren't going to buy it in the first place.

    7. Re:Not much sympathy by LifeNLiberty · · Score: 1

      I suppose I agree with you, I was just thinking out loud. It isn't right for the artists to get no compensation, and I guess I feel that if its made entirely legal people will download even if they would've bought otherwise sometime, there has to be a system whereby the artist gets compensated for their work but we can still abandon the cruel world of DRM and lawsuits, and I just don't know how to create that for music. For software its alot easier, corporations need to buy corporate licenses, but corporate software should be available to everyone else for free, since people would obviously never buy $1,000 software, there should at least be a way for them to learn it and try it out, and since corporations have the money to pay for licenses and would rather that than paying lawyers in lawsuits, they pay for licensing, in that case I think there is a solution, but i just don't know about music.

    8. Re:Not much sympathy by cution · · Score: 1

      And you're 100% correct, it isn't right for the artists to get no compensation, but I don't think they get very much from CD sales. Granted, it gets their name out there, but I think that most of their money comes from live touring (although I'm not an expert by far). If that's true, which it may or may not be, it seems like the only way the current model helps the artists is by getting their name out there. But I'm probably wrong and look like a jackass.

    9. Re:Not much sympathy by LifeNLiberty · · Score: 1

      I don't know the answer, but I think they deserve compensation for the song still. I think they deserve all the compensation people give them in fact, and I think the record companies should be completely cut out. Technology has gotten to the point that artists could publish their own music, I don't see why more people don't do that and keep the profits from selling it downloaded online. Or even make a new association to distribute music that benefits the artists, not record companies, something nonprofit.

    10. Re:Not much sympathy by Admiral+Ag · · Score: 5, Insightful

      > I'm as liberal as the next guy, but people who steal things understand the risks involved, or if they don't, they deserve what they get simply out of ignorance.

      People who use the law to defend industries for which there is no longer any need are enemies of the people. ;)

      The recording industry should just die. File sharing is the best thing to happen to music since the invention of the LP (it completely rekindled my interest in popular music after years of apathy, and the same goes for many of my friends). Copyright is supposed to be about the interests of the consumer. Well, it's quite clear that the interests of the consumer are served better by the free exchange of music than by having to financially support an industry.

      People will still make and distribute music if they aren't being paid (for all sorts of reasons). If you don't want to, you don't have to. But don't crap on the listeners who have no need to support an outmoded business model. No one has any moral right to make money from music, just as no one has any moral right to make other people pay every time they tell a story you told them.

      File sharing is like marijuana - you just aren't going to be able to stop people from doing it.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    11. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      Godwin's law is an analogy about inevitability. As in, it's inevitable that these stories start a long flamewar about the meaning of "stealing" or "theft".

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    12. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      I fail to see how it's equal to stealing in this case, in ANY meaningful way, when the people who are downloading copies of the music probably weren't going to buy it in the first place.

      I don't think the guy who stole my car battery was planning on buying one for himself. That doesn't make sense.

      Anyway, the "Probably weren't going to buy it" standard is ridclously low, because why would anyone buy something if they could get it for free? (and with almost no chance of legal reprecussions.) I'll happliy admit that I've bought music only after a fruitless search on the P2P networks and not all of us pirates are poor starving students oppressed by the high cost of CDs.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    13. Re:Not much sympathy by Anonymous Coward · · Score: 0

      I think the RIAA is stealing from us as much as we from them but unfortunately their stealing is legal, and in any case two wrongs don't make a right.

      Illegal and wrong are not the same thing.

      If a law is unjust, then we should break it. Obeying an unjust law is both morally wrong, and cowardly.

      If you don't want to download music, thats perfectly fine. If you don't want the music industry to take your freedoms away, then don't buy their products. Let them go bankrupt so they can't make the government do this sort of thing to you.

      Have a music addiction? With very little effort you can find plenty of excellent music from indie artists in any genre.

    14. Re:Not much sympathy by cution · · Score: 1

      What I meant was that, saying something is being stolen in this case is saying that the artist is losing money they wouldn't have made in the first place. They certainly aren't losing music, since it's copied for free anyway. I can't see that the artist is losing anything, so I don't consider it atealing.

    15. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      Big assumption on your part. Of course they lose money. But who cares?

      I'm sick of all the moral justification BS around here. Piracy is great because you can get free stuff by ripping off an abstract wealthy corporate entity, and there's a very low likelyhood of getting caught. Despite all the "Rage against the RIAA" and "Copyright is Immoral" hysterics you here around here, that's the bottom line that most of us pirates agree with.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    16. Re:Not much sympathy by dreadknought · · Score: 1

      I'm not an expert, either, but I have heard that that's true. What I've heard is that artists have to pay the labels back for the cost of producing, packaging, distributing, and marketing their albums (arguably could easily reach millions of dollars for all this). I've also heard that it takes two to three platinum albums for the artist to finally break even and start making money from CD sales.

      The reason I say "I've heard" is because I don't always believe everything I read, and especially what people tell me, because it really bugs me when people start spouting off like they know something when really they only "heard" something from somewhere else.

      --
      What you reap is what you sow
    17. Re:Not much sympathy by Anonymous Coward · · Score: 0

      Well that's the problem. You're as liberal as the next guy.

    18. Re:Not much sympathy by Mr.+Slippery · · Score: 5, Insightful
      Copyright Infringement in this case is stealing

      No, in no case is copyright infringement stealing. They are two completely different things. (If you broke into my house, took the masters of the songs I'm working, and copied the stolen data, that would be both copyright infringement and stealing, but still two seperate acts.)

      as the author deserves some proceeds from their work.

      Perhaps. That doesn't means that a state-created artifical monopoly on the act of making copies is, or ever was, a good way to see that authors and creators get paid; any more than making people sing royalties for singing in the shower would be pratical, moral, or just.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    19. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      Ah, the very articulate "I don't like paying for it so therefore it should be free" argument. Which is just "I don't like paying for it so I don't" plus a heap of bullshit to help one stay a "good boy" and sleep better at night.

      Well, I prefer my hedonism straight-up, thanks. Fuck the interests of the consumer -- file sharing is great because you can get free stuff!

      As for the RIAA's, your 1998-era "business model" argument needs some work. They do offer all you can eat plans for $10/month or whatever, which is probably reasonable for law-abiding citizens. The consumer interest point they fucked up the most was not mandating some sort of device interoperability for this stuff.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    20. Re:Not much sympathy by theLOUDroom · · Score: 1

      I'm as liberal as the next guy,

      Well I'm the next guy and I say your not that liberal.

      First off, copyright infringement is neither stealing nor piracy.

      I think the RIAA is stealing from us as much as we from them but unfortunately their stealing is legal, and in any case two wrongs don't make a right. That's not saying that I disapprove of piracy, just that if people get caught its not like they can make a case that what they're doing doesn't deserve punishment.

      This logic is retarded. Basically your opinion is:

      It's illegal, therefore they deserve to be punished, regardless of whether what they did was morally wrong, but the big guys can do whatever they want. (Price fixing is NOT legal BTW, nor are Sony's recent acts of computer crime.) That view is ANYTHING but liberal. You're about as conservative as they come buddy. You haven't said a single liberal thing here.

      You're literally saying, "Go against the establishment and you don't deserve my sympathy."

      Here's a question for you:

      How many homes were raided when they found out that the RIAA was illegally price fixing? How many people went to jail?

      --
      Life is too short to proofread.
    21. Re:Not much sympathy by Brandybuck · · Score: 1

      Well I'm the next guy and I say your not that liberal.

      Well I'm the guy next to him, and I say you can't spell.

      --
      Don't blame me, I didn't vote for either of them!
    22. Re:Not much sympathy by KDR_11k · · Score: 1

      I don't know about you but I've met quite a few people who would otherwise have bought many CDs and DVDs but decided they'd rather download everything instead. Hell, these days my father will demand an explanation when I buy something legally that I could download instead. WTF?

      Sure, not everyone would have bought stuff instead and probably nobody would have bought EVERYTHING they downloaded but there are people who download things they used to buy.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    23. Re:Not much sympathy by KDR_11k · · Score: 1

      Technology has gotten to the point that artists could publish their own music, I don't see why more people don't do that and keep the profits from selling it downloaded online.

      Probably because record labels love to make contracts that say they own the songs and the band is not allowed to distribute them without paying money to the label.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    24. Re:Not much sympathy by KDR_11k · · Score: 1

      2 wrongs dont make a right, but what makes 'our' stealing wrong?

      The law? The set of rules the people agreed upon as the universal standard of right and wrong?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    25. Re:Not much sympathy by KDR_11k · · Score: 1

      People who use the law to defend industries for which there is no longer any need are enemies of the people. ;)

      No, they just follow the rules the people have defined. If the people don't agree with the laws they made they should change them.

      Copyright is supposed to be about the interests of the consumer. Well, it's quite clear that the interests of the consumer are served better by the free exchange of music than by having to financially support an industry.

      I don't think people consider all short and long term implications of every action they take. In this case the thinking is "I get something for free". I don't think these people would agree with abolishing copyright law if they realized what that meant.

      People will still make and distribute music if they aren't being paid (for all sorts of reasons). If you don't want to, you don't have to. But don't crap on the listeners who have no need to support an outmoded business model. No one has any moral right to make money from music, just as no one has any moral right to make other people pay every time they tell a story you told them.

      If you want to contribute free music people can share, feel free to do so. Noone's stopping you and noone's stopping those who share that music. Just don't "liberate" music from people that DON'T want to contribute to this.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    26. Re:Not much sympathy by flooey · · Score: 1, Insightful

      Copyright is supposed to be about the interests of the consumer.

      Actually, it's quite the opposite; copyright is about the interests of the artist. The point is to give an artist the ability to make money on what they create, so that artists have an incentive to go on creating, thus encouraging the progression of the arts. The individual consumer's interests are not central to the idea of copyright at all.

    27. Re:Not much sympathy by laughingcoyote · · Score: 4, Insightful

      I don't think the guy who stole my car battery was planning on buying one for himself. That doesn't make sense.

      Neither does your analogy. If I steal your car battery, you no longer have it. On the other hand, if I can make a copy identical to the one you have, you've still got yours and I've got one too.

      Hasn't this been gone over frequently enough? Copyright infringement may be illegal in many countries (whether or not it should be), but that doesn't make it theft, any more then the widespread prohibitions against drunk driving make that theft.

      --
      To fight the war on terror, stop being afraid.
    28. Re:Not much sympathy by shark72 · · Score: 2, Informative

      "First off, copyright infringement is neither stealing nor piracy."

      I'll avoid the "stealing" issue here (lest we get into "stolen thunder," "theft of service," and other colorful but inaccurate phrases) but "piracy" is what's known as a homonym, or what some call a homophone. I think you're thinking of piracy in the sense of "piracy on the high seas" but it has a separate definition relating to unauthorized copying of copyrighted material (type "dict piracy" into the Firefox URL window if you don't believe me -- and amazingly enough, this definition goes back some 300 years). Slashdotters aren't confused by the fact that "bark" is both a tree covering and the sound a dog makes, but lots of Slashdotters are tripped up by "piracy" -- so you're not alone.

      "How many homes were raided when they found out that the RIAA was illegally price fixing? How many people went to jail?"

      The price-fixing settlement is not what you think it was. I believe you're of the understanding that it was record companies colluding to keep their prices in line with each other. The reality is that it was Universal (not the RIAA -- the RIAA is a trade group to which Universal belongs) that was caught attempting to set the price of their product at the retail level. Here's how it went down:

      1. Best Buy and Wal-Mart started selling CDs as loss leaders (selling at sub-optimal margins, or even at a loss) to get consumers into their stores. They could do this because they didn't need the profit on the CDs to pay the rent.
      2. A few dedicated CD chains (Tower Records, TWE and one store the name of which I forget) complained to the record companies. Unlike Wal-Mart and Best Buy, they didn't have a vast store of high-margin clothes and electronics. They simply could not match Best Buy and Wal-Mart's pricing on CDs.
      3. Universal set up what's known as a MAP program with these retailers. It stands for "Minimum Advertised Price" and it's still prevalent in many industries. With a MAP program, a manufacturer helps pay for a retailer's ads (called co-op ads) with the stipulation that the advertised price not fall below a certain minimum. Of course, the retailer can still sell a product for whatever price works for them, but if they advertise a product from a vendor with whom they're on a MAP program, they have a price minimum.
      4. Best Buy and Wal-Mart got wind of this, and complained to the government. The government then bitch-slapped Universal.
      5. Best Buy and Wal-Mart had the last laugh. They still sell CDs for cheap. Tower Record subsequently filed for bankrupcy, and has been sold a few times since.
      6. Lots of other industries -- including the computer industry -- still happily use MAP programs. For instance, this is why you rarely see the Bose SoundDock listed for less than retail. I could list dozens of other examples.

      When Universal was running the MAP programs, it only affected you, the consumer, if you had bought CDs at Tower or TWE during that period.

      The winners here are Best Buy and Wal-Mart. The losers are the dedicated music chains like Tower, and the indie record stores that must fight to stay in business in the wake of Best Buy and Wal-Mart, who don't need to worry about making a profit when they set their pricing on CDs. The price-fixing settlement was good news for you if you subscribe to the "What's good for Wal-Mart is good for America" theory, or if you're a fan of the homgenous music that the big box retailers sell. It was bad news for you if, like me, you're a fan of indie record stores. The lesson here is "don't piss off Wal-Mart or Best Buy."

      Universal admitted no wrongdoing when they agreed to the settlement. Since I work in the computer peripherals industry, where we still use MAPs, I've got to agree with them here.

      I wish I could tell you that the price-fixing settlement was what you thought it was; it would fit in with the whole "record companies are evil" thing. But you're off-base here.

      --
      Sitting in my day care, the art is decopainted.
    29. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      Maybe you should read the whole thread, I was reacting to cution's point about moral justifications, not equating infringement with theft.

      Hasn't this been gone over frequently enough?

      Yes, and you've reiterated a boring discussion for no good reason.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    30. Re:Not much sympathy by Admiral+Ag · · Score: 1

      > Ah, the very articulate "I don't like paying for it so therefore it should be free" argument. Which is just "I don't like paying for it so I don't" plus a heap of bullshit to help one stay a "good boy" and sleep better at night.

      You're missing the point. The greatest thing about the internet is that it makes the distribution of content virtually free. I can sit their and just absorb as much information as I want to (I am one of those addicts who endlessly surfs Wikipedia). Who among us could honestly say that this vast amount of free information has not enriched their lives? It's the worlds biggest and most easily navigable book and deals with virtually every topic known to humankind (from sites about Aristotle to sites about breast aesthetics (ratemyjugs or whatever that site is called).

      Before the internet, information was often a pain to get. With the internet I, as an information junkie, can mainline it. And what's better is that I don't have to do this alone, but I can share it and talk about it with other people who have the same interests (whether that interest be Aristotle or breasts).

      The same goes for music. I own well over a thousand CDs (closer to 2 thousand I think). But filesharing exposed me to all sorts of wonderful music I had never heard, and enabled me to get rare stuff without having to wait for a CD to arrive in the mail. Excluding the fact that it was free, Napster was still the best thing that's happened to music in years. But the fact is that it has to be free for people to extract the maximum benefit. Information wants to be free, and it is alawys much better for everyone if it is.

      The RIAA and their ilk are deliberately trying to control the distribution of music, which no one person or organization should be allowed to control. They are directly attacking the freedom that makes being a music lover right now much better than it ever was before. They have no right to ruin this just to support an industry that we don't need.

      We don't need them to record music. Artists can do that themselves, and release it for free if they want to. They've always made more money from concerts, belly-button rings and T-shirts anyway. For the artist, a recording is basically a form of advertising live performance. If the record companies get off their backs, then they won't have to worry about being screwed and can record music on their own terms. Besides, with current computer technology the price of recording a decent album is low. Indpendent filmakers spend more on their pet projects.

      We don't need record companies to distribute music. If I am an artist I can put it on my site and let the public decide. If people like it, it will spread virally. It will cost me virtually nothing.

      We don't need record companies to "find" artists for us. Anyone who wants to can release their music and the public will decide who makes it. That is vastly more efficient than getting some idiot like Simon from American Idolatry to decide for us.

      We don't need record companies to publicize music. The internet is incredibly efficient at spreading ideas. Look at some of the viral memes that have spread just because of the internet.

      What else is left for record company employees to do, other than support the cocaine industry?

      Nothing. They are vampires, and the stakes are being sharpened.

      Why destroy the ability to freely access and share music if there is no need?

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    31. Re:Not much sympathy by hairyfeet · · Score: 3, Insightful
      Two words---Clear Channel.If you aren't being screwed by a big label,You ain't getting played on the air.My last band tried to get played on the air,And the DJ knew all about us before we got there.He said Quote "I love you guys,And your fans call here all the time requesting yor single,But it is the damn clear channel.Please tell them that no matter how much they call we can't play unsigned bands,PERIOD.I could lose my job playing something that isn't on the list."

      They own the airwaves,they own the big venues.You either bend over or you don't get to play anything bigger than your local club.They are plenty of bands out there that are selling out 300-700 seat venues every night and selling their cds as fast as they can print them but because they won't take .35 an album (I've known guys that signed and yes,That is how bad they screw new acts) you will most likely never hear from them.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    32. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      And I think you miss the point that us Average Pirates don't give a crap about your hippie perfect society BS. We don't need to imagine an alternate future to live with ourselves for downloading MP3s -- much like we don't need a moral framework to justify exceeding the speed limit on the freeway.

      In fact, most of us pirates rather like the RIAA, MPAA, and proprietary software companies because their marketing can help inform us what stuff to download. So, no, despite Your Magical Internet, information doesn't necessarily want to be free, it wants to be packaged and marketed to consumers, and ripped off by us cheap bastards.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    33. Re:Not much sympathy by larry+bagina · · Score: 1
      You see a girl on the street:

      1) You talk to her, she thinks you're funny, you go home and have sex.

      2) You zap her with a stun gun, drag her behind a dumpster in an alley, pull down her panties, tell her to shut up or you'll kill her, and have sex.

      You probably don't see the difference there, either.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    34. Re:Not much sympathy by shark72 · · Score: 1

      You raise some interesting points. You also raise some additional questions:

      "We don't need them to record music. Artists can do that themselves, and release it for free if they want to."

      You're actually referring to the subset of artists who have the either the means or the talent to record, mix, engineer and produce their own stuff, right? Do you have a suggestion for musicians who don't happen to have the cash or the skills? Are they SOL in the future world where record companies don't exist?

      "They've always made more money from concerts, belly-button rings and T-shirts anyway. For the artist, a recording is basically a form of advertising live performance."

      Here, you're excluding the artists who, for whatever reason, can't or won't tour or perform live, right?

      I get a big kick out of Zero 7, D'Nell and Ultra Nate, but the odds are basically nill that I'll ever be able to see them in concert, and I certainly won't buy a t-shirt. So, I supported them by buying their stuff on the iTMS. And the only reason I was able to learn about them was because a record company gave them a chance and got their stuff produced and got it out there. If I'd subscribed to your viewpoint and simply helped myself to their stuff for free, would this have benefited them?

      "We don't need record companies to distribute music. If I am an artist I can put it on my site and let the public decide. If people like it, it will spread virally. It will cost me virtually nothing."

      You're not the first to claim that the Internet eliminates the need to do sales or marketing. Do you believe this holds true for other industries? For example, would you advise, say, the Ford Motor Company to cease all marketing and advertising, and just rely on word of mouth?

      "What else is left for record company employees to do, other than support the cocaine industry?"

      I don't understand what you mean here. I haven't met very many people who worked in the record industry, but I've met a few. One was a graphics designer who did freelance stuff for a few tiny indie labels in the bay area. Another was a guy who ran his own ten-person label. He paid himself something like $20K a year. Neither of them used cocaine. Do you believe that they are in the minority as far as folks who are in the music business? For example, do you think the guy who runs Magnatunes does coke?

      --
      Sitting in my day care, the art is decopainted.
    35. Re:Not much sympathy by KDR_11k · · Score: 1

      If a law is unjust, then we should break it.

      No, if a law is unjust you should change it. If enough people try to do so it will happen. But if most people think it is just you won't and shouldn't succeed (what with this being a democracy and all). Breaking a law signifies that YOU don't like it (or that you don't care about the result of breaking it). That does NOT mean that most people disagree with it.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    36. Re:Not much sympathy by Admiral+Ag · · Score: 1

      I'm sorry. For a moment I thought you were something more than a shortsighted, selfish cretin. My mistake.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    37. Re:Not much sympathy by laughingcoyote · · Score: 2

      Maybe you should read the whole thread, I was reacting to cution's point about moral justifications, not equating infringement with theft.

      And I did. If you had read carefully, you'd note I was stating your analogy was inaccurate and meaningless. Just because something would not be a justification for theft does not mean it might not be a justification for copyright infringement.

      Yes, and you've reiterated a boring discussion for no good reason.

      Actually, that was intended as a rhetorical question, but I would answer definitively in the negative. There is an ongoing and concerted effort to equate the sharing of information (which has been responsible for all human innovation and advancement) with theft (which is generally a societal drain). Unfortunately, far too many still accept this without question-the cavalier throwing around of the term "theft" in relation to information sharing is very prevalent.

      --
      To fight the war on terror, stop being afraid.
    38. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      The vast majority of pirates are shortsighted, selfish cretins and not utopian IP Warriors such as yourself. However you wouldn't know it reading slashdot. I'm just representing the mainstream, hedonistic viewpoint.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    39. Re:Not much sympathy by Admiral+Ag · · Score: 1

      > You're actually referring to the subset of artists who have the either the means or the talent to record, mix, engineer and produce their own stuff, right? Do you have a suggestion for musicians who don't happen to have the cash or the skills? Are they SOL in the future world where record companies don't exist?

      No. There are plenty of people who manage to produce their own films this way. Some of them are even good. But, although signficant, the financial barriers to producing a decent bit of recorded music are not so high that someone who really wants to can't do it. And new technology means that the barriers are lowering as we speak.

      I'm saying that recorded music should really be treated as what it in most cases is: advertising for concerts and other sales. Advertising is customarily given away for free to people who don't want it. Free music as advertising will be consumed by those people who do want it, and better still, they won't resent it and it will make them want to buy other stuff. It's not difficult to understand unless you are a music exec whose livelihood is tied to the old system.

      Hell, it costs more to make and broadcast a crappy TV ad than it does to record a song and release it for free on the internet (as a form of advertising your gigs). There's no good reason why music production could not be organized this way, and the RIAA and company have not made a convincing case that it would necessarily be bad for the consumer.

      If two guys can make a thing called a "personal computer" and get financial backing for what seemed to be an amateur hobbyist's toy, there is no reason why some kid can't record some songs as promo for his gigs and make millions (or even millions licensing the song to other money making enterprises).

      > Here, you're excluding the artists who, for whatever reason, can't or won't tour or perform live, right?

      That's cool. I don't claim that the new way will be perfect. But I think that overall, the fact that music will be freely swappable by anyone and its attendant benefits far outweighs the fact that a minority of people will no longer be able to make a certain type of music and make money from it.

      > You're not the first to claim that the Internet eliminates the need to do sales or marketing. Do you believe this holds true for other industries? For example, would you advise, say, the Ford Motor Company to cease all marketing and advertising, and just rely on word of mouth?

      Why? Ford makes large material items which you have to get up and go to purchase. A couch potato can download music instantly. It's just a fact that the viral nature of the internet tends to spread ideas and content very quickly. We don't really need someone to trumpet this at us. A network model of information awareness (where we tell each other) is just different than a broadcast model (where someone else tells us). Both work.

      > I don't understand what you mean here. I haven't met very many people who worked in the record industry, but I've met a few.

      That wasn't a serious comment. Just a stab at a stereotype. :)

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    40. Re:Not much sympathy by Admiral+Ag · · Score: 1

      I think I see the difference.

      Girls who like doing things like (2) and all the other bondage stuff are more fun, right?

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    41. Re:Not much sympathy by Anonymous Coward · · Score: 0

      I'ts a shame when copyright infringement as a civil issue (except now in Germany aparently) is converted by double talk into the crime of theft (when someone is deprived of goods they once owned)

      Neither do you "own" any physical copy of a CD - just a licence to listen to it, when you buy an album.

      If you buy second hand CD's or some books, more often than not, you are "infringing" on the rights of the licence holder - just because you may think this is silly, it doesn't make it not so.

      It goes to show, if you repeat something enough times in a press release, it becomes considered the truth. What a pity.

    42. Re:Not much sympathy by Anonymous Coward · · Score: 0
    43. Re:Not much sympathy by larry+bagina · · Score: 1

      yeah... The thrill of doing kinky stuff outweighs the fact that she's a skank. Illegally downloading music outweighs the fact that it's britney spears.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

    44. Re:Not much sympathy by clambake · · Score: 1

      Copyright infringement may be illegal in many countries (whether or not it should be), but that doesn't make it theft, any more then the widespread prohibitions against drunk driving make that theft.

      It DOES, however, make them all child molestors.

    45. Re:Not much sympathy by professionalfurryele · · Score: 2, Insightful

      Erm, when the politicians that are supposed to represent the people don't set rules that are agreed upon by the people then your point kinda loses it's edge. Many Western democracies are two party systems where both parties are bought and paid for by large industries with effective monopolies. At that point the law is meaningless.

    46. Re:Not much sympathy by professionalfurryele · · Score: 2, Insightful

      I'm afraid that the world has changed. George Orwell imagined a world in which the law was set up solely for the perpetuation of the state. Aldous Huxley imagined a world in which apathy was the primary tool of control. The modern corporation seems bent on taking the worst of these two worlds and making it our future. And short of revolution, there is not much we can do about it.
      It turns out that actually as well as buying politicians it is possible to buy the general public. And once a system is big enough that statistical errors are small, you can make that public elect who you want, and who you want will then give you the laws you want. Modern politics in the West is bought and paid for, you are living in a 60's fantasy that wasn't true then and isn't true now.

    47. Re:Not much sympathy by ArsenneLupin · · Score: 1
      Godwin's law is an analogy about inevitability.

      But not any inevitability.

      If a shoplifter is caught in the act of stealing from shelves, but is then accused of raping the president's wife (or some other unrelated crime), it's quite inevitable that he will say "what the fuck" and that his lawyer will point out that the accusation does have zilch to do with the crime. However, this inevitability doesn't mean that Godwin's law is involved.

    48. Re:Not much sympathy by NutscrapeSucks · · Score: 1

      Hopefully you can understand how the OP's usage of "Godwin" is relevant and your example isn't. If not, too bad for you.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    49. Re:Not much sympathy by EzInKy · · Score: 1


      "If a law is unjust, then we should break it."

      No, if a law is unjust you should change it.


      If a law is not being broken there is no reason to change it.

      --
      Time is what keeps everything from happening all at once.
    50. Re:Not much sympathy by ArsenneLupin · · Score: 1
      Hopefully you can understand how the OP's usage of "Godwin" is relevant and your example isn't. If not, too bad for you.

      What's this? "Argumentation by insult" or what?

      Or just your garden-variety non-sequitur?

      So far, no post in this part of the thread has mentioned the dreaded H-word, so Godwin does not apply.

    51. Re:Not much sympathy by Anonymous Coward · · Score: 0

      I am forever confused as to why people bitch about the industry, their tactics, thier artists, and their music ... they bitch about the prices and the filler tracks and the 3:30 pop crap singles ... and then they go and create, in the *AA's twisted minds, a demand for the very content they're complaining about by pirating it.

      Let me clarify: if you want to send the *AA a message then don't purchase, don't pirate, don't rent. Any of the above says "Hey, we want your content." And they will continue to produce. They will continue to abuse their power as well as the law so long as there is a 'demand,' whether it's from BitTorrent or Best Buy.

      There are hundreds of thousands of independant musicians out there, many who make music for little or no money. Some of it's craptastic, some of it's better than anything that will ever come from one of the Big Five music mills. Sure, it can be hard to find but that's the [small] price you pay for not being spoon-fed by Top 40 Radio. But when you do find them, support them.

    52. Re:Not much sympathy by Ilex · · Score: 1
      No, if a law is unjust you should change it.


      I don't know about you but i just don't have that kind of money lying around.

      Remember that these laws are bought. Their not here because "we the people" wanted them.

      The government passed these laws regardless of what people think. The only response to oppressive laws is civil disobedience and if you get caught you will be Persecuted.
    53. Re:Not much sympathy by the_Bionic_lemming · · Score: 1

      because why would anyone buy something if they could get it for free?

      Two words.

      "Bottled Water"

      On a side note - when Napster was rocking, I was buying two to three cds a week. Since they shut Napster down I have purchased only 4 cds = All of them from patchouli.net .

      --
      _ _ _ Go for the eyes Boo! GO FOR THE EYES!
    54. Re:Not much sympathy by DerWulf · · Score: 1

      This is such an insightful post. The mod who modded this flamebait should be ashamed. Mod, you are not doing your job. You are using your mod points to punish someone for a statement that only expresses the reality of copyright laws. It's just the run of the mill justification (in the true sense of the word) for why they exists. In no way can this even be interpreted as taking a side in this debate.

      --

      ___
      No power in the 'verse can stop me
    55. Re:Not much sympathy by DerWulf · · Score: 1

      First of all, even if everything you said where true, most "pirates" (Yaaarrr) don't share your reasons. For them, downloading is only about not paying money for things they want. Nor is "sharing" as put forth by you a meaningful concept for the larger part of the "file sharing" community. It's not about showing your friends what kinda music you like. I do that with my pandora.com favorties. It's not about discovery or deep discussions. You type in "Finding Nemo" and incidently, while it's downloading, your program also uploads stuff to others, strangers and not friends. Most would turn it off if they could since it messes up your ping in WoW so much.

      Also, I totally disagree with what you are saying about artists and record companies. Is anyone forcing artists on record lables? Aren't they free to sell their stuff online and give concerts and sell little button pins already? Why are so few famous artists doing it then? Why does every garage band strive to get on a lable? Has the RIAA death-squats that takes out independant artists?

      --

      ___
      No power in the 'verse can stop me
    56. Re:Not much sympathy by KDR_11k · · Score: 1

      In the end all power comes from the people. Without support from the people no government can exist, not even despotism. Let's think of the US: If 30 million people vocally protested against such a law, would it still remain?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    57. Re:Not much sympathy by Anonymous Coward · · Score: 0

      And new technology means that the barriers are lowering as we speak.

      You have got to be kidding...new technology is changing to raise those barriers as we speak. Have you heard of HD/digital TV, Treacherous^H^H^H^HTrusted Computing, or the Draconian Media Culture Assault?

      1. Digital equipment is, in many cases, an order of magnitude more expensive.

      Once upon a time, you could edit film by splicing reels with a pair of scissors. Then it required 2 VCR decks and an extra $2 tape. Now it requires a $2000 computer with a Windows license and an $800+ software package that both call home and thus require monthly internet access. Ever tried pricing DL DVDs or, even better, what do you think a Blu-Ray burner's going to run? Have you noticed how much shorter the lifespan of that more expensive digital equipment is compared to that of years back?

      2. Treacherous Computing is going to simultaneously restrict your choices to the most expensive and open your system to abuse by outsiders.

      Remember when we heard Vista was only going to accept signed code? Suddenly, that book you would've written with Open Office costs another $200 to produce because you need Word. If GIMP's only made it this far under an open environment, forget about a reasonable alternative to Premiere. Free and open source software is going to be stillborn if this comes to pass. This pushes the barrier up because, not only are you restricted to expensive products, you're also forced to upgrade the entire system when the only available version doesn't run on your machine. And don't forget about those non-transferrable licenses you'll be re-buying!

      And that's before we even get to the restrictions place on any content you create. What if some future iteration of Sony malware randomly encrypts part of the drive and you can't get the key? What if you're forced to buy a license to use some format? What if your audience has to pay for a license to view your content? What if the government decides to unpublish vast swathes of displeasing information...including yours?

      3. The DMCA is making it even hard for an independent to start, by giving current media overlords unrestricted control over the availability of all technology.

      If you've been following along, the CRT TV might as well be dead. I've thought about opening a production facility to make them, because the replacements are both inferior and more expensive. And, yet, I would buried in lawsuits and stifled before getting off the ground. Why? Because they want to sell LCDs and damned be anyone who dares compete with them!

      Someone who, say, wanted to replace their Betamax or Laserdisc would be in the same position. Sony and Philips haven't made either for years, so the lost sales argument goes out the window. I don't know about Philips and LD, but you can bet Sony would fight a new Betamax player to the death out of what can only be explained as the purest of spite and hatred for their fellow man. And this state of mind is pretty prevalent in business, believe it or not.

      Hasbro/Takara goes after people reproing replacement parts/decals for 20 year old toys, Nintendo (I know, it pains me too) fought Famiclones long after the NES had been retired, Fox shuts down fan sites left and right and only escalates the practice when they cancel a popular show (how dare they not like what we tell them to like). King Features and, I think, either Warner or Paramount are content to bicker over Popeye until the negatives turn to dust. You want an tragedy of the commons, well there it is.

      Just wait until DVD goes the way of the dinosaur. If those discs actually last 50 years, what kind of inane law will you be breaking to play them after, say, 2011 when the next re-buy-your-whole-collection-because-we-said-so format that replaces HD/BR drops the "legacy" DVD support? Let's see:

      -busted for CSS decryption, whether it's to pull the video or build your own compatible

    58. Re:Not much sympathy by KDR_11k · · Score: 1

      If a law is broken that isn't a reason to change it either, else we wouldn't need the Police.

      Politicians are elected by the voters. Campaign financing helps but it can't replace the voter. If they receive enough complaints from their representees they have to change their tune. Especially since each representee that is complaining usually represents quite a few representees that are too lazy to tell the politician directly. Demonstrations are a way of telling the politicians that you want a law abolished.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    59. Re:Not much sympathy by Anonymous Coward · · Score: 0

      Umm, it seems you have a slight wording mistake in your last sentence there, fella. To more accurately reflect your post, in intent as well as content, it should most likely read "I'm just trolling."

      If you insist on the original version being correct, then I must conclude you're just an ass. Since I think trolls in general fits the same description, either is fine with me. What you may think, or not think, about me, I couldn't care less about, so just toddle off, will ya? Thanks.

    60. Re:Not much sympathy by Anonymous Coward · · Score: 0
      as the author deserves some proceeds from their work


      And the public deserves to have the work way before 95 years expires in exchange for compensation. Trust me it will be 115 years in 2024 if Disney has its way.

      As far as I am concerned, it is a violation of the Constitution to keep extending copyright expiration everytime some corporation wants their mouse to be protected for another 20 years.
    61. Re:Not much sympathy by Suzumushi · · Score: 1

      Yes, but a right and a wrong don't make a right either...

    62. Re:Not much sympathy by EzInKy · · Score: 1


      If a law is broken that isn't a reason to change it either, else we wouldn't need the Police.


      True. It is a matter of degree. You would be hard pressed I think to point out instances where a law that had been nearly universally obeyed was repealed.


      Demonstrations are a way of telling the politicians that you want a law abolished.


      Most successful demonstrations such as burning bras, making salt, consuming alchohol, keeping your seat on the bus, etc, involve civil disobedience.

      --
      Time is what keeps everything from happening all at once.
    63. Re:Not much sympathy by SillyNickName4me · · Score: 1

      Actually, it's quite the opposite; copyright is about the interests of the artist. The point is to give an artist the ability to make money on what they create

      No, the point is to put the artist in a better position to recoup the cost of producing and make some money also. This may sound like hair splitting, but the way you put it sounds a bit too much like an implicit right to make money on a creation, there is no such right.

      , so that artists have an incentive to go on creating, thus encouraging the progression of the arts. The individual consumer's interests are not central to the idea of copyright at all.

      No, but neither are the interests of the artist according to your own explanation of what the constitution says.

      One could argue that while it is not intended to serve the interests 'the consumer' as an individual, it is intended to serve the interests of 'consumers' of works of art as a group

    64. Re:Not much sympathy by drspliff · · Score: 1

      "File sharing is like marijuana - you just aren't going to be able to stop people from doing it."

      But on 100 times the scale and much wider popularity.

      For [a non disclosed reason] I was sitting in the back of a police car being driven to the police station... The conversation I had went something like this:

      Copper: Who was playing on the stereo at your house?
      Me: Oh, whatsername.. [popular artist]
      Copper: Oh neat, I downloaded her new album last week, have you heard it yet?
      Me: Yes, I downloaded it but haven't listened to it yet..
      Copper: My collection gets like that some times..
      and so on..

      Now if we'd been talking about marijuana instead, I doubt it'd been like this:

      Copper: Is that weed I smell here? Whoah that smells really strong!
      Me: Yeah, we're all sharing it around school!
      Copper: Oh cool, I had some [local favourite weed type] last week, its great
      Me: Nice, I bought a few grams of that, but haven't tried it yet

      While marijuana is is still considered illegal by many people, sharing and copying music is something which has been is instilled in us all. Just as most people don't keep a pound of hashish and sell it, most people aren't sharing music with thousands of people.

      So I guess the [music] 'dealers' of today are relatively similar, but their motivation is either ideological (keeping the music free man) or 'my penis is bigger' syndrome :)

      Go figure...

    65. Re:Not much sympathy by laughingcoyote · · Score: 1

      If you live in the United States, at least, you are absolutely...wrong! But your misconception is very widespread.

      United States Constitution, Article I, Section 8:

      The Congress shall have power...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; (emphasis added)

      Now, couple things to consider here. Firstly, the US Constitution clearly states you're wrong. Copyright is intended to advance the ART, not the ARTIST, nor the corporation who promotes them. If science and the useful arts can be advanced without a bit of copyright protection for the artist or scientist, that purpose is fulfilled (note this is a "Congress may" provision, not a "Congress must", copyright is not a right at all!). If a five-year (or two-year, or two-day) copyright would incentivize creativity as well as a ten-year or a 95-year one, we should use it instead.

      Secondly, a span longer than a human lifetime (in the case of copyrights) or a span far longer then the planned-obsolescence cycle (in the case of patents) is not in any meaningful way a limited time-it is the entire useful life of the work and then some.

      Copyright is not, in theory or practice, about the interest of the artist.

      --
      To fight the war on terror, stop being afraid.
    66. Re:Not much sympathy by theLOUDroom · · Score: 1

      Universal admitted no wrongdoing when they agreed to the settlement.

      And they settled becuase they did nothing wrong?

      What it comes down to is that large corporations can commit crimes that would carry signifcant jail terms for an individual, but get off virtually free and clear as a corporation.

      As for piracy, existence in a dictionary does not mean that the term is not a politically motivated mischaracterization. I'm sure you could dig up plenty of 300 year old racial slurs, but that doesn't mean they are the right way to refer to the groups they describe.

      The price-fixing settlement is not what you think it was.

      It's JUST what I think it is, a company breaking the law and getting off with a slap on the wrist.

      --
      Life is too short to proofread.
    67. Re:Not much sympathy by professionalfurryele · · Score: 1

      And most people are pretty stupid and relatively simple to model. They behave in a manner that is predictable and controllable. Our governments are now so big that increasing campaign contributions on a candidate significantly over and above that candidates opponents is usually sufficient to get that candidate elected.
      It isn't a matter of if X many million people protested would a law still remain. Our system controls us like cattle so that you are lucky if you can get X many thousand on a big issue.
      Heck even if it was 1 million Britons protested against going to war in Iraq, we have a population of 50 million, thats 1/50th. 30 million is about 3/25 of the US population, those two numbers are about the same order of magnitude. Didn't make a blind bit of difference!
      What we need is a system that prevents people voting if they don't have requisit levels on knowledge on a subject, and considerably more referendums. Not to mention more local government. The goal of the federal government should be defence and ensuring that entities larger than local government do not interfer with the aforementioned. It's possible you could argue that nationalised services could have funding aportioned at the national level. What you should have is socially restrictive law making at the national level (i.e. the federal government can set taxes, but they cant make things illegal). What you then have enshrined at the national level is protection of citizens rights. Then laws are set locally.

    68. Re:Not much sympathy by ruckenheim · · Score: 1

      I do agree more or less with everything you have said so far but one thing I simply can't let sit as a turd in tonic: "No one has any moral right to make money from music". WTF? So being a musician is not really a job in your definiton as no one have *any* moral right to make money from it? Why are musicians morally wrong in making money from what they do? The guy on the street playing a guitar is morally wrong if he wants people to throw him a dime for his efforts? If then, what about other creative fields? Any moral right to make money from other art-related occupations? Painters, sculptors, architects, graphic designers, comedians, or, race drivers for that matter. Are all creative jobs morally wrong if actual money is made from them? After reading your posts, I get the feeling you are opposed to any kind of "making money". True? Being a musician is a skilled profession like any other. It takes years and years of trainin gto become a good one. Personally, I'm all for artists making any kind of amounts of gazillions if they can. It's honest, hard work. Even for Britney. What I don't like is the so-called "music industry" stealing from artists: A really good record deal will pay the artist arond 20% of CD sales. This deal may include distribution cost beared by the record label (most often it won't). It may also include marketing cost on behalf of the label (most often it won't). It can even include expenses towards mixing, producing the music (most often it won't). If the artist is really big in terms of sales (madonna-big) the deal MAY include costs involved in shooting the MTV-ad (in common terms, the "video"). I imagine how other business would function under that structure: "ok, jack. You can drive a Bus in this city. Just remember, YOU need to buy the seats, gasoline, air, repairs etc..) I believe P2P piracy to be the best thing that WILL happen to not only artist but also to an industry which has worked inself into the moral bracket of pimps, real estate dealers, politicians, coke dealers etc. The industry HAS to reinvent itself from A-Z. It won't stand as is. And along with that reinvention will come better terms for artists as well - its well out there in the future, but for now the discussion has started within the industry. Kicking in people's doors will never, ever, never, ever solve anything for the record labels. Ever. You can fool some people some 'the time...

      --
      Freedom's just another word for nothing left to lose
  9. Much better than new laws by moquist · · Score: 2, Insightful

    This is excellent news. The IP rights-holders appear to be responsibly investigating the actions of people violating copyright law.

    I'd rather have a million more Jane Doe lawsuits and investigations like this one before DRM achieves greater legal backing than (in the United States, anyway) the DMCA already gives it.

    Copyright holders have always had the right to take legal action against copyright violators, but they made a tactical error when they chose to fight Napster instead of the users, and when they attempt to pass laws instead of civilly enforcing existing laws.

    1. Re:Much better than new laws by HaloZero · · Score: 5, Insightful

      Raiding the home of a citizen is in no way, shape, or form 'civil', regardless of their level of infringement.

      --
      Informatus Technologicus
    2. Re:Much better than new laws by Anonymous Coward · · Score: 0

      This is excellent news. The IP rights-holders appear to be responsibly investigating the actions of people violating copyright law.

      I'd rather have a million more Jane Doe lawsuits and investigations like this one before DRM achieves greater legal backing than (in the United States, anyway) the DMCA already gives it.


      Okay, sure.

      What the heck stops the school bully from taking your lunch money AND making you do his homework?
    3. Re:Much better than new laws by Anonymous Coward · · Score: 0

      They just got a new law and it's not pretty.

    4. Re:Much better than new laws by drsmithy · · Score: 1
      I'd rather have a million more Jane Doe lawsuits and investigations like this one before DRM achieves greater legal backing than (in the United States, anyway) the DMCA already gives it.

      Personally I'd rather have no copyright at all and a DRM free-for-all. Then the market can decide what solution is best.

    5. Re:Much better than new laws by Anonymous Coward · · Score: 0

      The "IP" rights holders are as a class completely guilty and have been for years of violating just a ton of laws yet not a one of them has ever lost a private personal penny or been threatened with jail time.

        As an industry they collude to keep prices jacked up. They have been engaging in payola and bribery for decades. They conspire to trick the talent into extremely lopsided business contracts, then in numerous cases won't even honor their commitments there.

        So called "law enforcement" is a lopsided joke, totally skewed in favor of the power brokers and serial gougers and technology monopolists.

        for example,you don't hear of the CEOs at bigmusic, inc's home getting raided and him hauled off in handcuffs because his company got caught bribing disk jockeys to screw up the billboard stats, even if it has happened numerous times. They might get a fine, which total cost of said fine then gets passed on to the next set of sucker customers to pay, then *that's it*, that is all that ever happens to them.

      When it is a level playing field with "the law" and how police and prosecutors treat people, then maybe you might have a more legitimate point, but as it stands now it is typical fatcat golden rules, those who have the gold to bribe off -and yes I mean BRIBE OFF-the judges and cops and prosecutors and legislators get to set the rules. Until thenm, I consider all of them to be in league with each other to maintain outright large scale criminality, to perpetuate consumer fraud on people, to corrupt and distort the so called "law", and as such, they deserve no respect nor sympathy, and I am starting to lose much respect for most of the talent out there, because they have had ample time to realise that signing on with any of the big music cartel member corporations is signing on with the mafia, so they are choosing that business model.
      I don't file share, but I have no symnpathy for the ones who claim they are being infringed on when they associate themselves with that cartel, none, they got in bed with crooks to try and make the big easy dollars and as such are part of the problem in the first place.

      file sharing would never have taken of to the point it has IF people weren't so convinced that they had been gouged for years and years, but they ARE. Poll around, see how many people think what these boys want to charge for legit is anywhere close to a fair price based on the tech avaialble today to make digital copies.

        All I see file sharing as right now is (mostly) a little righteous civil disobedience payback. People got shafted for years and years, finally they just ignored the shafting part. Think prohibition and finally how ludicrous it got.

        In short, if you are connected to an **AA in any manner, screw YOU, you are part of an ongoing criminal eneterprise which is outmoded, has outlasted it's usefulness, and is engaged in bribery and massive corruption to try and justify gouging level prices (andf the continuation of any necessity for ANY middleman distribution/skimming) that would make enron traders feint with disbelief..

        I don't care what happens to you any more, your cries of "foul" are hollow and petty. As to the laws in general on "digital rights", who ISN'T an outlaw anymore? File sharing is just part of a much much larger battle with international corporations basically replacing elected governments,look at the article, the police were 'directed" by the criminal mob members, and this mix of entities passing as a fair pseudo government goes by a bonafide name, and that name is fascism. And who cares what happens to fascists? You can NEVER appease a fascist, they could have 100% of your money and then want you to go into future-debt for more. They could have total control over your person and still demand you tell them you love them. There is no help for that sort of megalomania. They are *pigs*. Gluttons. You cannot give one inch on this.

    6. Re:Much better than new laws by Joebert · · Score: 1

      Smithers !, release the hounds.

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    7. Re:Much better than new laws by Jambon · · Score: 1
      This is excellent news.

      Here we go. The hipocracy of Slashdot at it's worst. First you decry the stupid copyright laws and how companies are abusing their power. Then people get caught, and you act all righteous and say, "Oh, well they shouldn't have been doing that. They got what they deserve." And you get modded up. You can't claim that laws are unfair, and then say that people deserve the punishment that those laws lay out. In a legal sense, yes they "deserve" it, but in a logical one, no.

      I'd rather have a million more Jane Doe lawsuits and investigations like this one before DRM achieves greater legal backing than (in the United States, anyway) the DMCA already gives it.

      Wait, you'd actually prefer to have the RIAA suing millions of people than have DRM? Seriously, these people are facing thousands of dollars in fines for an action that maybe made the industry lose a couple hundred, at worst. I don't want DRM either, but in no way do I think suing people is going to help. The magnitude of the punishment in no way fits the crime.

      Copyright holders have always had the right to take legal action against copyright violators, but they made a tactical error when they chose to fight Napster instead of the users, and when they attempt to pass laws instead of civilly enforcing existing laws.

      Civilly enforcing? Raiding someone's home for copyright violations seems a little extreme. Maybe if they were selling the songs commercially they'd have a reason to do that, but for non-commercial filesharing that's a bit over the top.

      Also, do you really think if everyone stopped pirating that we'd get better deals for music? Do you think the music industry would reward us for not pirating? Nope. If anything, we'd get worse prices on music. They will shove down our throats whatever they can get away with. So, in a sense, piracy is an act of civil disobediance to laws which are unfair. It happened in China, where they are now selling legal DVDs for $1.50 to combat the 75 cent version people can get on the street.

    8. Re:Much better than new laws by moquist · · Score: 1
      Here we go. The hipocracy of Slashdot at it's worst. First you decry the stupid copyright laws and how companies are abusing their power. Then people get caught, and you act all righteous and say, "Oh, well they shouldn't have been doing that. They got what they deserve." And you get modded up. You can't claim that laws are unfair, and then say that people deserve the punishment that those laws lay out. In a legal sense, yes they "deserve" it, but in a logical one, no.
      I never said that all copyright laws were stupid. Your objection therefore has no merit; it is also uncharitable, of course.

      Wait, you'd actually prefer to have the RIAA suing millions of people than have DRM?
      No; that's not what I wrote. I would rather have those standard, old copyright laws enforced than have legally backedDRM. I don't care if we have DRM, as long as I'm not legally restricted from bypassing it for legitimate, legal reasons such as fair use (including personal backups, time & space shifting, etc.).

      I want current copyright law to be enforced for two primary reasons:
      1. casual copyright violaters will clean up their acts, diminishing the copyright holders' claims to damage, and making it more difficult for them to talk governments into additional DRM-backing laws
      2. The People will be better able to recognize the unreasonableness of current laws and begin to demand that exceptions for Fair Use be included in all copyright-related laws

      Civilly enforcing? Raiding someone's home for copyright violations seems a little extreme. Maybe if they were selling the songs commercially they'd have a reason to do that, but for non-commercial filesharing that's a bit over the top.

      You're right. I posted too quickly, primarily to make the point that enforcing regular old copyright law is better than creating new DRM-backing laws.

      Also, do you really think if everyone stopped pirating that we'd get better deals for music?
      No again, and that's not related to the point I'm trying to make.
    9. Re:Much better than new laws by KDR_11k · · Score: 1

      The "IP" rights holders are as a class completely guilty and have been for years of violating just a ton of laws yet not a one of them has ever lost a private personal penny or been threatened with jail time.

      You realize that the standard to become an "IP rights holder" is really, REALLY low? Drew anything in art class? Wrote a story? Recorded yourself making an ass of yourself on a webcam? Congratulations, you're the proud owner of a new IP. Anyone can own a copyright. Anything you think up and write down (or otherwise make permanent) is yours.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    10. Re:Much better than new laws by Ulrich+Hobelmann · · Score: 1

      Especially if you take into account the actual damage, which is - at most - as high as the number of CDs you could *actually* have bought with your income.

      A raid is very likely much more expensive than that. Who pays it? Oh, you, and the taxpayer.

      I love the way today's government makes us pay for our own slavery and fascism.

    11. Re:Much better than new laws by Anonymous Coward · · Score: 0

      >I love the way today's government makes us pay for our own slavery and fascism.

      Keep on loving it because that's what it's going to do for the rest of your life.

    12. Re:Much better than new laws by Anonymous Coward · · Score: 0

      > You're right. I posted too quickly, primarily to make the point that enforcing regular
      > old copyright law is better than creating new DRM-backing laws.

      You still haven't spelled out the process of how the former will preclude the latter.

  10. er... by VonSkippy · · Score: 0

    Das ist nicht gut.

    1. Re:er... by EtherC · · Score: 2, Funny

      Eigo igai no gengo wa dame da yo!
      ...are? (x_x)

    2. Re:er... by Kagura · · Score: 1

      ya, yeongeo malgo darun woegukeo haji mara juo! muo ung? o_O

    3. Re:er... by SinGunner · · Score: 1

      nanda omae? boke!

    4. Re:er... by KDR_11k · · Score: 1, Insightful

      War aber vorhersehbar. Sonst hätten se ja nicht diesen Urheberrecht Zusatz gebaut. Macht die natürlich nicht weniger 'nen Haufen Arschlöcher die hier dauernd die Gesetze für so'nen Scheiß verschärfen. Das alte Urheberrecht war vollkommen ausreichend, alles danach is reine Korruption.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    5. Re:er... by Anonymous Coward · · Score: 0

      HAIL HITLER!!!

    6. Re:er... by Anonymous Coward · · Score: 0
      HAIL HITLER!!!
      It's "Heil Hitler!" you uneducated buffoon, though it proves once again that Nazis are complete morons, unable to spell their own slogans.
  11. Sneakernet by Technician · · Score: 4, Interesting

    It looks a lot of filesharing is going back to sneakernet like it was in the 1970's.

    I wonder if they raided any homes with a wireless AP being leached by a neighbor. That could be fun when they can't find evidance.

    --
    The truth shall set you free!
    1. Re:Sneakernet by Anonymous Coward · · Score: 0

      You know what else is fun? Your spelling.

    2. Re:Sneakernet by DigiShaman · · Score: 1

      The 70s? Hell, I've been using the sneakernet meathod since the early 90s. Even BBSs were to slow for me before I had net access in 97. Trouble was, blank CDs and CDR drive weren't cheap, so I ended up caughing up $10 per CD to be burned (help pay my friend for the blanks and drive).

      Now days, I just keep a 1GB USB flashdrive on my keychain. If their PC or lappy supports USB2.0, transfering files are quick and painless ;)

      --
      Life is not for the lazy.
    3. Re:Sneakernet by Joebert · · Score: 1

      I wonder if they raided any homes with a wireless AP being leached by a neighbor. That could be fun when they can't find evidance.


      I was talking with a friend about somthing along theese lines a few days ago.
      When they mentioned their wireless access didn't require a password, I insisted they should apply one, because it's just too easy of a proxy since the need to crack a password saves seconds usefull to hijackers.

      They seemed to think that computers have their own ID, or IP address that would identify who actually did what from the network.

      I'm not one to say they don't, but consider this, some 16 year old kid would jump at the chance to get a free laptop just for going into a store & buying two of them with a wad of cash would they not ?

      --
      Wanna fight ? Bend over, stick your head up your ass, and fight for air.
    4. Re:Sneakernet by Saint+Fnordius · · Score: 1

      Naw, you're thinking too complicated. Granted, the heyday of the sneakernet was in the 1980's to 1990's, but most sneakernet trading happened with copying vinyl to cassettes and copying VHS tapes. I had about a hundred floppies of Apple II and Commodore 64 games (which I sold in 1990, fool that I was!), but I still have boxes of "pirated" movies in my basement (actually, mostly time-shifted or otherwise under fair use, but I'm using the Jack Valenti term).

      The Sneakernet is still in use, and I use it for the larger updates or other legal/alloweds: I download at work and USB-stick/iPod to transfer to my home setup. Besides, when swapping music or films, the Sneakernet enjoys a far higherlevel of trust than a faceless P2P.

      There is a new variation of P2P emerging, though, with the e-mail dropboxes like yousendit.com et al. It will be interesting to see how that evolves, since most of these transfer services don't keep copies, deleting the files as soon as the FTP transfer is complete.

    5. Re:Sneakernet by meringuoid · · Score: 1
      I still have boxes of "pirated" movies in my basement (actually, mostly time-shifted or otherwise under fair use, but I'm using the Jack Valenti term).

      Time-shifted a hell of a long way, then... you're supposed to tape it, watch it at a later date and then tape over it with something else. Archiving it in your basement isn't really time-shifting. Unless you genuinely haven't quite got around to watching that stuff.

      As for the sneakernet... yeah. I gave up on P2Ps a while back, too many broken files left by seven years of dropped connections. I carry around a 40G mp3 player (the good old iHP-140) and whenever I'm around a computer with a decent media collection I hook in and start trading. A USB2 connection beats hell out of any broadband ;-)

      --
      Real Daleks don't climb stairs - they level the building.
    6. Re:Sneakernet by Technician · · Score: 1

      Even BBSs were to slow for me before I had net access in 97. Trouble was, blank CDs and CDR drive weren't cheap,

      In the '70's there were no blank CD's. It was compact cassette. Good Maxell or TDK tapes were only a couple bucks each. Blank T120 Videotape in the early 1980's were $15-$20 each. I remember paying $150 for a package of 10 blanks. Pre-recorded tapes were about $60, so piracy and sharing was common.

      Now that movies are less than the price of the old price for a blank tape, they sell a lot more movies. Too bad the music industry hasn't caught on. If they would sell CD's for $3-$5 they could kill a lot of the incentive to copy instead of buy.

      Per capita, the industry still sells about 2 albums per person per year. Older people simply don't buy them anymore so they sell mainly to the 14-26 year old group. I don't buy CD's simply because of DRM, over compression, content, and price.

      They don't market to my demographic at all. It is their loss. My entertainment dollars go to other items of more value to me.

      --
      The truth shall set you free!
    7. Re:Sneakernet by Anonymous Coward · · Score: 0
      That could be fun when they can't find evidance.

      Yup, barrels of fun for the innocent victim. Hell, I think it'd be cool to be raided by the DEA on false pretense. Doors busting down, guns firing recklessly, family absolutely terrified -- now THAT would be fun.

    8. Re:Sneakernet by Andrewkov · · Score: 1
      I don't buy CD's simply because of DRM, over compression, content, and price.

      Does that stop you from downloading them too, or just buying them?

    9. Re:Sneakernet by Technician · · Score: 2, Interesting

      Does that stop you from downloading them too, or just buying them?


      If it has DRM and compressed to sound loud instead of preserving dynamic range, I have no use for it. CD's used to have dynamic range. Now much stuff hits over 95% of peak within the first few seconds into a song and remains there for the rest of the song. CD's used to have dynamic range and used good engineering pratices for low distortion, low noise and good fidelity.

      Now much stuff is over compressed to the point where the drums amplitude modulate the rest of the stuff. The term the engineers used is pump it up. Yuck. I would rather have a linear recording so I could crank it up if I wanted and compress it to pump it up if I wanted.

      Downloading DRM lossy compressed files is not an investment in music.

      Lossy compressed files are ok for finding new artists. The video that made the rounds of the crazy annimated Christmas lights is a good example. I haden't heard of the Trans Siberian Orchestra up to that point.

      Too bad the RIAA's position on the video is piracy of the soundtrack even though the band loved his show and gave him free tickets to their concert.

      The band has the right ideas of proper fair use. If you try the same thing and don't pay royalties, you could really get into legal hot water for that type video.

      --
      The truth shall set you free!
    10. Re:Sneakernet by smellsofbikes · · Score: 1

      As one of my friends, who is a *bigtime* file-sharer and file-trader, says, "never, ever underestimate the bandwidth of a FedEx truck full of hard drives." That's how they've been moving music for the last five years, by boxes filled with 120 gig HD's and CD's.

      --
      Nostalgia's not what it used to be.
    11. Re:Sneakernet by Anonymous Coward · · Score: 0

      Just store everything in truecrypted volumes and choose a good pass. They won't be
      able to find any evidence either.

  12. I'm not surprised about this happening in Germany. by Rahga · · Score: 2, Informative

    Tired of blaming Disney and the US government for extending copyright protections? You had the wrong target anyway... the US and the rest of the world usually falls right behind Germany's lead in extending their terms to reach back until 1919 and the Treaty of Versailles. That milestone saw Germany lose Asprin and all sorts of intellectual property, and they've been fierce in protections ever since. International trade agreements means that everyone has to play by aproximately the same rules in this space, and decent copyright terms are now long dead.

  13. English article by Anonymous Coward · · Score: 5, Informative
  14. "is" by Anonymous Coward · · Score: 0

    I don't think the definition of "is" is what you think it, well, is.

    Do the bookstores sell dictionaries on your planet? If so, then you don't get to redefine words at your leisure.

  15. Why the police were involved... by kn0tw0rk · · Score: 1

    (from what I could understand of the poorly translated article) the police were involved because there was illegal/criminal material being shared (kiddie-pr0n), and the people sharing music were just a bonus.

    I couldnt see where in the article that the server was being run by RIAA(or similar organisation) as another poster suggested.

    Is copying music a criminal or civil offense in Germany? And do their police get involved in catching breakers of civil laws as well as the breakers of criminal laws?

    --
    See my art -> http://herbevore.deviantart.com
    1. Re:Why the police were involved... by KDR_11k · · Score: 1

      I think the recent changes to copyright law indeed make copyright infringement a criminal offense. In TFA (untranslated) the state attorney states that it's a criminal offense (at least when referring to those who shared over 500 files which are the 130 mentioned, they also talk about 3500 other identified users that shared less).

      The reference to kiddy porn was in the sentence "The police expects to find all the usual stuff you find on filesharing networks in the logs, including child pornography".

      Also the IFPI Don claims that it's difficult to build up a legal music downloading service as long as this many illegal services exist. I'm sure he might want to explain that to Steve Jobs since that guy doesn't seem to have gotten the memo.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    2. Re:Why the police were involved... by Zatic · · Score: 5, Informative

      Copying for private use neither a criminal nor a civil offense in Germany, as long as the source is not an evidently illegal one (ie a movie before its released on DVD - or filesharing).

      Copying from an illegal source is a civil offense. So law enforcement still isn't involved at all.
      However, distributing copyrighted material is a criminal offense (up to 3 years in prison). And since one can't really download without uploading, law enforcement must investigate any complaint by the copyright holders.

      What the attorny said was that "they expect to find all kinds of material, ranging from music to child pornography".

      The server also wasn't run by the International Federation of the Phonographic Industry (IFPI), but was monitored by them with a "custom developed software".
      Also, the operation of an edonkey server is legal in Germany.

    3. Re:Why the police were involved... by Anonymous Coward · · Score: 0

      Additionally:

      In Germany you have to pay a special tax which will be forwarded to the music industry, when you buy Computers, DVD-Recorders, DVD-Burners, Cassette/Videorecorders, all kind of mediums which 'could' be used for music. This tax was initially created to allow private copies.

      However now we pay them and are not allowed to make copies any more. strange world.

    4. Re:Why the police were involved... by RPoet · · Score: 1

      Copying for private use neither a criminal nor a civil offense in Germany, as long as the source is not an evidently illegal one (ie a movie before its released on DVD - or filesharing).

      How does that criminalise file sharing? If I make a copy of a DVD I bought legally, that copy is a legal copy. The transitive property applies, and file sharing becomes legal.

      What the attorny said was that "they expect to find all kinds of material, ranging from music to child pornography".

      Of course they have to invoke "child pornography" to stem mass protests over the raids.

      --
      "Oppression and harassment is a small price to pay to live in the land of the free." -- Montgomery Burns.
    5. Re:Why the police were involved... by Zatic · · Score: 1

      That was actually the case for many years in Germany. Using Napster was never illegal, since the general consensus was that you could not know that a file you downloaded does not originate from a legal source.

      However, since 2003 (or maybe even before that, I am not sure about this), German copyright law states that sharing copyrighted material ist only legal among family and close friends. Thus, a source that is distributed to anonymous internet users doesn't qualify as a legal source anymore. At least that is how I understand the current situation.

      In the case of a DVD things are even more complicated. As I mentioned in an earlier post, in 2003 it became illegal to copy (effectively) copy-protected material. Although there is no clarifying judgment on this yet, a judge might think that CSS is an effective copy-protection and and almost every DVD would therefor not be a legal source. This is the most stupid part of German copyright law and for 3 years now nobody can really decidedly say what an "effective copy protection" is.

  16. Balanced and fair response by Petrushka · · Score: 4, Insightful

    Hmmmm yes, raiding people's homes is clearly a fair and balanced response to allegations of copyright infringement.

    1. Re:Balanced and fair response by EvanED · · Score: 1

      Yes, how DARE those police investigate credible leads of crimes being committed and undertake searches justified by probable cause!

    2. Re:Balanced and fair response by shark72 · · Score: 3, Insightful

      Do you have any suggestions for an alternative? Should the authorities simply ignore claims of copyright infringement? Or perhaps use the honor system -- call the suspects on the phone and ask them if they've been sharing gigabytes worth of copyrighted material?

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Balanced and fair response by Threni · · Score: 2, Insightful

      > Yes, how DARE those police investigate credible leads of crimes being committed
      > and undertake searches justified by probable cause!

      Crimes? There are proper crimes that need investigating. If you ask people whether they think taxpayers money should be spent tying up the legal system and criminalising people who are just copying music, most people don't agree. Have you never taped music from a friend? Do you think you should have your door kicked in? It's against the law to copy music but I don't think it's immoral, and there's certainly no victim in the way that the laws were put in place to protect.

      The sort of punishment that fits the `crime` of copying music would be something like slowing people's net connection or something - not state sponsored theft of their PC, fines and criminal records.

    4. Re:Balanced and fair response by professionalfurryele · · Score: 1

      Yeah because they took this amount of effort when I was assaulted. And when there is a burglary... oooh they just go mad investigating here, investigating there. And half the time they know who might be responsible, but do nothing because 'oooh citizens say so' is not good enough. Of course the MPAA or RIAA say so is more than good enough, because yeah they are credible sources of information.
      Police don't bother to investigate any real crime anymore. As far as they are concerned, if it isn't organised crime resulting from some ridiculous prohibition, or a 'crime' almost all ordinary citizens with the means commit, they couldn't care less. I know of tens of vagrants in my area who by rights should have a criminal record longer than the Trans Canada Highway, yet nothing is done about them. But middle class white boy who decides he is going to get Britney Spears latest song over peer to perr is priority number one. Last time I checked, he aint going to mug me.
      I gave up on the police a long time ago. There is no justice in the West any more.

    5. Re:Balanced and fair response by Anonymous Coward · · Score: 0

      >Of course the MPAA or RIAA say so is more than good enough, because yeah they are credible sources of information.

      No, but they're millions of euros' worth in capital, jobs and tax revenue. You are not.
      Do you really believe the police, as part of the government, should invest money, time and resources on ordinary peones who aren't worth it?

      >There is no justice in the West any more.

      There has never been anywhere. There's only money. Deal with it.

    6. Re:Balanced and fair response by aftermath09 · · Score: 1

      true dat.

      I also wonder how much time, effort and money was involved in these raids (130 homes times how many police at each location?)? Who exactly would be paying for these officers to "monitor" and then spend the time to coordinate and raid the homes? wouldn't that be the tax payers?

    7. Re:Balanced and fair response by RexRhino · · Score: 1

      It is not only nessicary that a law be "moral", or for there to be some sort of problem... but it is also nessicary that the law be practicle and protect the innocent.

      What happens if a file sharer figures out how to spoof your IP to the software that is being used to detect "piracy"? When the police come to your house, take your computer and fine you, are you gonna say "well, it is all good - I don't want the record companies to lose money!". What happens when you file share free music, and they don't distinguish between pirated material and material that is licenced for free distribution, and they take your computer and fine you? What happens when someone figures out how to use your wireless hub to download pirated files, and they think it is you? What happens if the government "unofficially" decides to enforce the law only on those with a certain color skin, or those below a certain income level.

      Every law contains danger to the average law abiding citizen. You have to balance out the danger of this kind of "enforcement" with the danger of people sharing music. Seeing as there is a terrible danger of a police state... and seeing as no-one has been able to show file sharing hurts the music industry... I would say that any reasonable, intelligent person has serious reason to be concerned about this kind of enforcement.

    8. Re:Balanced and fair response by Braino420 · · Score: 1

      Do you have any suggestions for an alternative? Should the authorities simply ignore claims of copyright infringement? Or perhaps use the honor system -- call the suspects on the phone and ask them if they've been sharing gigabytes worth of copyrighted material?

      No, those are terrible ideas (sarcasm is fun for everyone). I believe the parent is referring to outdated copyright laws. I believe it was originally meant to deal with large cartels that would mass distribute CD's with copyrighted content on them, not some pimply teenager (or old woman) that stumbled upon a very easy way to get the music they wanted to hear. This kind of stuff is destroying people's lives; they get hit with very large fines that they really have no hope of paying off.

      Sure, raiding the old cartel's warehouse was the right thing to do in the past... But come on, some little kid could be doing this stuff without even having the intent that the cartels had in the past. They aren't even making any money off of it!! Which was probably the justification behind the MASSIVE fines.

      Maybe the thinking is that these kids will set an example to everyone else that is sharing copyrighted music, but obviously it's not working.

      I'm not justifying copyright infringement, but I believe they are coming down waaaay too hard on these kids. They could simply deny the kids access to a computer and cut out the means of distribution, or cut out the internet for them, or confiscate their harddrives and not give them back. Do you all seriously believe this is causing thousands of dollars of damage per person to the RIAA?

      People need to be educated about this and about how there are other ways to listen to music for free without stealing from the RIAA. But that's not what the RIAA wants, they want their money. Of course it's easy to sit back and say, oh well, they shouldn't have done that; copyright infringement is wrong, but so is destroying someone's life because of it.

      --
      They call me the wookie man, I guess that's what I am
    9. Re:Balanced and fair response by EvanED · · Score: 1

      There are proper crimes that need investigating. If you ask people whether they think taxpayers money should be spent tying up the legal system and criminalising people who are just copying music, most people don't agree.

      Then MOST PEOPLE need to call into their government and have the laws repealed.

      Because while the laws are on the books, it is the police's DUTY to investigate. Or would you have the police and prosecutors decide which laws are worth enforcing?

      Look, I'm not arguing that copying music is a horrible offense morally. But right now, it's a non-trivial crime in Germany (with potentially 3 years in jail, which puts it on par with a more severly graded misdemeanor in the US).

    10. Re:Balanced and fair response by Xebikr · · Score: 2, Insightful
      Should the authorities simply ignore claims of copyright infringement?
      In a word? Yes. The authorities should concentrate on circumstances where actual harm is being done. Like shoplifting, mugging, political bribes, etc.
    11. Re:Balanced and fair response by apoc.famine · · Score: 1

      They are concentrating on political bribes...why do you think they are busting copyright infringers instead of focusing on organized crime and drug/human trafficing?

      --
      Velociraptor = Distiraptor / Timeraptor
    12. Re:Balanced and fair response by Hatta · · Score: 1

      Do you have any suggestions for an alternative?

      Change the law, or refuse to enforce it. There is no just way to enforce an unjust law.

      --
      Give me Classic Slashdot or give me death!
    13. Re:Balanced and fair response by Petrushka · · Score: 1

      Yes. Copyright infringement should be a civil matter, and not a criminal offence. Funny, I seem to recall that's how things actually once were.

    14. Re:Balanced and fair response by halcyon1234 · · Score: 1
      Do you have any suggestions for an alternative? Should the authorities simply ignore claims of copyright infringement?

      Yes, they basically should. Copyright infringment without profit is a civil offense. It's all about contracts and lawsuits. The "authorities" shouldn't be involved any more than they should be called if someone reneges on a contract.

      The only time it becomes a criminal offense is when people are selling or renting the material. At that point, the RIAA should do what any other citizen does when they see a crime occuring: Call the police, give a statement, then fuck off and let the police investigate. The RIAA shouldn't be in any position to do an investigation on their own, and then demand the police kick in the door of a citizen on their (the RIAA)'s word.

      Can you imagine what would happen if you ran into a police station, waved about some papers, claimed your neighbour was a drug dealer, and demand that they immediately be arrested and jailed on your word alone? And then you did that every single day for five years?

      Cry wolf?

      So yes, the police force should ignore the claims. If the cases are civil in origin, the police should direct the RIAA folk to the claims court down the hall, where they can file a lawsuit. If The RIAA folk claim something criminal is going on, then they should fill out a form like the rest of us, and that form will be attended to in good time.

      And then the crimes should be handled in a triage manner. Rapist on the loose? Priority. Hold up at the 7-11? Priority. Anything going on that can actually cause harm to the public? Priority? Once all that has been taken care of, then they can investigate the claims made by the RIAA. If their fair and balanced investigation warrants a warrent, then they can go knocking on doors.

  17. Re:I'm not surprised about this happening in Germa by iSeal · · Score: 4, Insightful

    Yes, but likewise you don't hear about Germany applying pressures to the USA for copyright extensions. Though they might be worse nationally, the extention propositions have always come from internal corporate lobbying pressures; and not a sense to "catch up with the rest of the world."

    It's sad really, as its meant the death of one of humanity's greatest intellectual achievements: the public domain. I equate it to the extermination of public libraries; sacrificing the bettering of society for the sake of saturating the corporate coffers. Of course, when politicians in charge of copyright reforms in the US are themselves bribed (via election funds) $300,000 by entertainment conglomerates, how can we expect any differently.

    I'm not saying that corporate concerns should have no say in law-making; I'm saying that the laws that are being designed right now should have more of a balance.

  18. Screws it up for everyone by Joebert · · Score: 0

    Law enforcement agencies had been monitoring an eDonkey-Server for two months.

    eDonkey ? Figures, it's always the jackass...

    --
    Wanna fight ? Bend over, stick your head up your ass, and fight for air.
  19. I am curious... by Danga · · Score: 1

    How do they prove you were sharing the whole file? As far as I know p2p works by downloading from multiple connections and unless they dedicated a single connection to each of the 3500 or so people they charged can you still get charged if you don't deliver the whole shared file? I know some p2p apps check for junk data, so what if you insert N amount of junk data into what you are sharing which makes it unusable on its own? One situation I can think of is if you were sharing JPEG images have 90% of people sharing portions of the image data as well as ALL the data in between the JPEG markers (I picked the majority sharing this data since its the majority of the data) and 10% of people only sharing the markers and offsets to the next markers with the rest of the data in between being junk random data. You could use some other flag to indicate which of the two types of data the people are actually sharing so the application wouldn't download too much known junk data. Either data downloaded from a single peer on its own is basically unusable and on its own could not be used to render an image, could something similar be done for MP3s and does anyone know the legality of it?

    --
    Hey, there is only one Return and it's not of the King, it's of the Jedi.
    1. Re:I am curious... by Anonymous Coward · · Score: 0

      I don't use filesharing networks, but the way I understood it was that distributing pieces only applied to the bit torrent system.

      Second, I don't think it matters whether you share the whole file or not. In the US we have laws that allow "fair use" which allows this use of qoutations and such to be used for review or criticism. However, I don't think that this would count as "fair use," because even though your distributing only a small piece of the copyrighted work, your doing it with the intent and purpose of helping someone obtain the whole work. "Fair use" is not define soly by the amount of the work your are copying. Fair use is define by a set of very general guidlines, which allow room for judges to make interpertations.
      fair use US copyright

      Here are the guidlines:

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
      (2) the nature of the copyrighted work;
      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
      (4) the effect of the use upon the potential market for or value of the copyrighted work.

      See only one of the items involves the how much of the work is copied. I would think that 4 would override 3 in this case since the effect of the use is the same as copping the whole thing.

      And of course all this only applies to US law. The laws in Germany may be quite different.

    2. Re:I am curious... by Anonymous Coward · · Score: 0

      Well.. you're looking at it a little differently than you should be, I think.

      Most of the time, music is legal to RIP for PERSONAL BACKUPS ONLY. I mean, as long as you're not doing anything you're not supposed to with it... which, well, I'm not certain, but if it's like movies and stuff, you can't publicly display them, especially for money.

      Back to the point, it doesn't matter if you muck up the file with junk data, the fact that you're still sharing the data(which is a digital copy of the copywritten music), in *part* or in full, you're still sharing copywritten data. On top of that, by modifying the oringinal file in any way.. including compressing it to MP3 or another format, in itself, could *technically* be considered illegal if you wan't to be a dick about it. So basicly the only digital backup you'd be allowed to make would be copy a CD so if the original gets scratched you have another copy.

      However, also keep in mind, as well as file format compression modifies the original (copywritten) data, so does inserting junk data to 'throw off' sensors and what not.

      What I'm ultimately getting at is if you go about these things in a foolish nature, the more likely you are to get stuffed up the ass in the end. Don't go sharing more than 500, or 5000 files on friggin' eDonkey, like a moron. Hell, I'm on a slow connection, so I disable uploading anyway. But if somebody asks me for a song they've had stuck in their head or an album they lost when their friend broke their CD or their harddrive fried, I fork it up.. because I'm a nice guy. :P

    3. Re:I am curious... by KDR_11k · · Score: 1

      How do they prove you were sharing the whole file?

      Simple. That's what the search warrant is for.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    4. Re:I am curious... by Anonymous Coward · · Score: 0

      If it works then there is no difference. Getting off on an excuse like this would be akin to slicing someone's neck open and then charging their heart with murder for pumping all of their blood out the slit artery.

  20. SSS? Reminds me more of the SS. by Anonymous Coward · · Score: 0

    > I hereby invoke my Triple-S Rule

    I thought the German secret police were just the SS?

    Anyhow, Nazis/Godwin aside, the term "steal" implies that it was removed from someone's posession (i.e. they no longer have it any more). But "Infringing upon Stuff they Shouldn't" (ISS) sounds too much like a space station.

    Now here's an even more interesting comparison: how many of those were leeched wireless connections? You see, I'm guessing the people who had others infringe via their wireless will get busted anyway. Even though when people are caught doing simple web browsing on a *company* wireless AP they shouldn't connect to (even though it's open and broadcasting an SSID), there the individual gets busted yet again.

    It's funny that the laws prevent an individual from making themselves into a one-person corporation, because it would unduly shield them from liability. As if it helps any that normal corporations shield even more people from liability. Oh, and did you know that under US law, you can't boycott a company for "economic" reasons (i.e. because it's too damn expensive)? I'm just waiting for some lawyer to come up with a way to exploit *that* one.

    I'd complain even more that too many of those damn Libertarians seem to want not to end this sort of corporate exploitation, but merely to ensure that everyone has an opportunity to engage in it, but I'm already on a wild, anti-corporate rant, so I'll shut up now.

  21. People, people this is a good thing.... by Anonymous Coward · · Score: 0, Funny

    these are German filesharers, remember?

    Imagine how many illegal copies of David Hasselhoff "singing" were just taken out of circulation.

    1. Re:People, people this is a good thing.... by LittleBigLui · · Score: 1

      too little, too late.

      --
      Free as in mason.
  22. Criminalization of society by Eloquence · · Score: 5, Insightful
    DSL with downstream up to 16 MBit is now very common and cheap in Germany. This means that, theoretically, you can download almost a complete song per second. Affordable hard drives store up to 500 GB -- which translates to roughly a full year of uninterrupted listening pleasure. Burn your songs on DVD at 4.7 GB -- almost 5000 minutes -- per disc. My point: Today's technology makes "mass pirating" as easy as exchanging 20 grams of polycarbonate. It's something every kid with a computer can do. Not to mention that even those who just wanted to download something may have become uploaders without realizing this -- virtually all file sharing programs share the stuff you receive.

    Those who argue "Serves them right, they knew it was a crime" don't realize just how bizarre this whole situation is. You have police come to your house, take your computer away, and you'll get fined with thousands of Euros for something which is utterly trivial. If this is taken to an extreme, it's even worse than the "war on drugs": You don't even have to leave your house to be labeled a criminal.

    The music industry has this funny idea that they can scare consumers into using iTunes and similar networks. This will work -- for a while. But when you have all the technologies mentioned, copyright infringement that is undetectable will become prevalent -- because you just download 1 GB from your friend via IM, or swap DVDs (or soon HDDVDs), or use IRC and FTP. And it's not like you have to be a technology savvy guy to do these things. My mom can use IM, when she gets broadband, she can swap files.

    So, what you are left with is completely arbitrary enforcement on some services, scare tactics that work against some, while the underlying "problem" keeps getting "worse" because of technology (hardware, software). Just wait until the next file sharing application with a built in "how anonymous do you want to be?" slider comes along.

    The problem will only go away when those who make music embrace sharing as a way to popularize it. Those who like it, will pay. What will work better in the long run -- scaring people into paying? Or letting them choose to? If the industry doesn't realize the answer and tries to criminalize society instead, it's time for people to force them to. I really hope that initiatives like the Swedish "Pirate Party" are successful in working towards the decriminalization of non-commercial copying.

    Marijuana is legal in quite a few countries. It can happen.

    1. Re:Criminalization of society by Cee · · Score: 3, Interesting

      I would mod you insightful if I had mod points. However:

      Marijuana is legal in quite a few countries. It can happen.

      I'm not American and I don't have that much insight about "the war on drugs", if it's good or bad. But some people (like me) are generally pro-filesharing and anti-drugs. To mix these two domains opens up the whole guilt-by-association-door. "See, fileshares think that marijuana should be legalised." But still, I agree with the spirit of your last sentence, anything can happen.

    2. Re:Criminalization of society by Eloquence · · Score: 1

      I would agree that it makes sense for advocacy groups like the "Pirate Party" to limit themselves to the domain of IP law. However, I also think you should do some more reading about the war on drugs and its consequences. America isn't the global leader in incarcerating people for no reason. It's OK to oppose drugs -- there are different strategies of decriminalization -- but I hope you will agree that locking up thousands and thousands of people is not the way to deal with the drug problem. And let me not even go into the whole tobacco+alcohol vs. marijuana issue. There is no excuse for ignorance of the facts, however.

    3. Re:Criminalization of society by KDR_11k · · Score: 1

      Those who argue "Serves them right, they knew it was a crime" don't realize just how bizarre this whole situation is. You have police come to your house, take your computer away, and you'll get fined with thousands of Euros for something which is utterly trivial. If this is taken to an extreme, it's even worse than the "war on drugs": You don't even have to leave your house to be labeled a criminal.

      However they won't take this action unless you share music which you only do by either adding a directory filled with copyrighted MP3s (or other file format) or downloading such MP3s (apply this to any copyrighted material anyone big might care about if you please). Staying away from those files will prevent you from being a target.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    4. Re:Criminalization of society by m874t232 · · Score: 1

      Sorry if you don't get it, but the two issues are related.

      Of course, there are also differences: drugs harm its user, while music (usually) doesn't.

    5. Re:Criminalization of society by Desolite · · Score: 0

      most people can download fast... but how often can you find someone that can upload fast?? the only time i've ever downloaded at my max rate (1.67 Mbyte/s in my case) was off a government server for america's army.

    6. Re:Criminalization of society by redelm · · Score: 4, Insightful
      Fully agreed. Any law that is widely and perhaps unknowingly broken can only be enforced sporadically, and therefore arbitrarily. This is a fundamental threat to freedom. A totalitarian regime makes everyone a criminal so they can punish arbitrarily. And more importantly, shape behaviour by the mere hint of punishment. Prior restraint.

      Very respectfully, I would have hoped that Germany had learned from its recent experience with the Stasi, and their predecessors from 70 years ago.

    7. Re:Criminalization of society by MikeBabcock · · Score: 1

      Taking out my hunting rifle and killing the paper boy is utterly trivial too.

      Doesn't mean anyone should do it.

      --
      - Michael T. Babcock (Yes, I blog)
    8. Re:Criminalization of society by SlayerofGods · · Score: 1, Informative
      The problem will only go away when those who make music embrace sharing as a way to popularize it. Those who like it, will pay. What will work better in the long run -- scaring people into paying? Or letting them choose to? If the industry doesn't realize the answer and tries to criminalize society instead, it's time for people to force them to. I really hope that initiatives like the Swedish "Pirate Party" are successful in working towards the decriminalization of non-commercial copying.
      That's pretty naïve IMO. If itunes (for example) had two buttons 'Buy this music and help out the artist' and 'download for free' you honestly think people are going to buy it? People want stuff for free. The only reason people still do buy music/videos/games whatever is because a)they don't trust the network b) simply haven't heard of it or c) it's not easy to use (because it's fulled with junk or what not). If you remove the criminalization of those networks you've basically removed all 3 hurdles.
      --

      Technology, the cause of and solution to all of life's problems.
    9. Re:Criminalization of society by Eloquence · · Score: 1
      I agree that decriminalizing file sharing would make iTunes obsolete -- any non-profit organization could offer a free, better service. I disagree that this would mean that artists necessarily no longer get paid. Let's establish two facts:
      1. New artists benefit from their work being shared freely. Their primary goal is to get their name out.
      2. Established artists have fan bases that are loyal to them.

      In category 1, micropatronage seems like a good strategy. People are happy to make voluntary donations to an up and coming artist they like, esp. the kind of people who listen to new and indepedent music. In category 2, donations may also work, but artists have another option known as the Street Performer Protocol. They can choose to release their next work only when a certain amount of donations has been reached.

      Finally, it is important to note that music artists only receive a very small amount per CD sale ($1 or less seems like a frequently circulated figure for typical CDs). This is the amount that needs to be matched in any new model, not more, if you want to support a claim that the new model hurts artists. Of course the labels do significant marketing and production work, but arguably, new media can take over many if not all of these responsibilities.

      Of course, this is what labels really have to fear: that artists become completely independent of them. The main reason this evolution hasn't happened more naturally already is the dominance of television as the culture-defining medium of the masses. TV is a centralized medium where large corporations have access and define the content. This, of course, excludes those who do not sign with major labels quite effectively. As we transition to Internet culture, where you have decentralized mass phenomena, this is beginning to change, and I anticipate that either way, the development outlined above is what we're going to see in the long run.

      Decriminalization of non-commercial file sharing would therefore merely accelerate a natural development that is the consequence of technological change. Unfortunately, many people have accepted that labels and publishers represent "culture", which has given these companies nearly unrestricted access to politicians to prolong their own existence.

      I think that the argument is much stronger in the case of movies. Of course you can make nice movies on a small budget, but a LOTR trilogy you can't. And it's not like the whole world knew who Peter Jackson was when he started the project -- it was a high risk investment, given that he could have f'd it up completely (cf. Gigli). Right now the movie industry is still well-protected by the very experience of watching a film in a cinema, but that may not last forever.

      If the movie industry gets into trouble, I can potentially see independent filmmakers slowly rising through the ranks of low budget stuff with the help of micro- and macropatronage, but to see this as a given would be naive indeed. The best protection for high quality immersive content is probably interactivity. If you stream content directly to a client, and you make the content they see dependent on their actions, copying that content will not be useful to anyone else. For instance, how do you copy World of Warcraft or Second Life? These are immersive, interactive communities, with more and more logic on the server side. Making data streams user-specific may work even for passive video using techniques like foveated video in combination with direct retinal projection. Anything which you can burn on a DVD, however, is doomed to be burned onto DVDs.

    10. Re:Criminalization of society by SlayerofGods · · Score: 1

      There's nothing stopping you from doing a micropatronage/Street Performer Protocol type system right now. A small band can easily set up a website and rely on donations from fans.
      But the fact is you simply won't make as much money that way (the greedy nature of humans and all that)
      So if I want to set up a website and charge X dollars for my music why should you be allowed to undermine my chosen system of distribution? You may not agree with the system but is it not my right to choose how I share/sell my music? After all it is MY music.

      If your system is truly superior why not let the economic forces play out rather then trying to impose your vision of the future on others?

      --

      Technology, the cause of and solution to all of life's problems.
    11. Re:Criminalization of society by Eloquence · · Score: 1
      It's not a free market, dear Slayer, because the government grants you a monopoly of distribution and provides you with law enforcement to protect it. You are using taxpayer money for your method of distribution, in order to punish those who share your work. How about some government funds for a centralized micropatronage system to level the playing field?

      Is it understandable that the music industry acts the way it does? Why, yes, certainly it is.

    12. Re:Criminalization of society by SlayerofGods · · Score: 1

      Comparing music to a physical product is a faulty argument. They are not controlling the distribution of all music or any other product. Only assuring me control over my artistic creation, a creation that would never have existed if not for the creator. And you seem to act like big business is the only one that benefits. If, for example, someone were to bypass the street performer protocol you mentioned early and get a copy of what they were tiring to sell and distribute it. The 'street performer' would be guaranteed the same recourse against the people that stole it as someone selling their product on a per unit basis.

      It's not the governments job to level the playing field only to enforce the laws. They didn't set up on the recoding labels, those came along naturally so how would it be fair if they set up a centralized micropatronage system? (not saying they shouldn't just pointing out the obvious) Regardless though, why does the government need to even set up such a system. Such a website could be made in a matter of weeks.

      The whole problem with your argument and others like yours is you seem to think that you're some how entitled to other peoples work. That they should be forced to make it available to everyone.
      While as nice as your utopian/communist world be, where everything is free and people share freely. It completely overlooks the rights of the people out there making the work in the first place. They worked hard for their creation and should have a right to say how it's used.
      You know what I always find ironic is these are generally the same people that whine and bitch every time some company uses Linux in a closed source project; like their right to control their project's use is some how more important.

      Anyway, I'm off work now so we'll probably have to pick this up the in the comments about the next crack down of file sharing ;)

      --

      Technology, the cause of and solution to all of life's problems.
    13. Re:Criminalization of society by sheldon · · Score: 1

      This will work -- for a while. But when you have all the technologies mentioned, copyright infringement that is undetectable will become prevalent -- because you just download 1 GB from your friend via IM, or swap DVDs (or soon HDDVDs), or use IRC and FTP. And it's not like you have to be a technology savvy guy to do these things. My mom can use IM, when she gets broadband, she can swap files.


      It's interesting, because P2P was supposed to be undetectable when people began promoting it a few years ago. Granted, it's a bit harder to monitor than a single server, but as evidenced here in Germany you just following the spider web.

      The industry recognizes that a certain level of copyright violation is going to occur. Copying a disc from a friend, for example. However that level of piracy doesn't scale so well... or rather it means that you'll at least sell one disc for every say 5 copies.

      The only alternative you seem to offer is no enforcement.

      What is it that you really want? DVDs that play commercials every 5 minutes, so you can get them for free?

    14. Re:Criminalization of society by Eloquence · · Score: 1
      Not sure if you'll still read this, so I'll just make a couple of brief points:
      • You're forgetting that it was copyright law that was created first, not record labels. You seem to treat copyright as some kind of "natural right" that basically has always existed, and some companies took advantage of it. The modern institution of copyright was created because politicians believed (not all of them, mind you) that a legally granted monopoly such as copyright may be necessary in order to incentivize creation of intellectual works. It was initially very limited (14 years in the US); it is the corporations that arose that used copyright to their advantage which lobbied to extend it further and further as technology for copying improved. Today, it is effectively infinite for modern works since most of us will not see any work that is created today go into the public domain unless the author puts it there.
      • It is very much the government's job to level the playing field, not just to "enforce laws" -- hence antitrust, subsidies, etc. The government creates laws in order to improve society, which was exactly the initial motivation to create copyright. The government has not tried any other model yet in spite of rapid technological change.
      • Certainly anyone can set up a micropatronage website; however, it is broad acceptance and support which make the whole model work, so government support would be one way to try out this model on a large scale.
      • You've got it the wrong way around. It is not that people think they are "entitled" to copy other's works, it is that they feel the actual entitlement granted to copyright holders through copyright law should be limited because it no longer serves its original purpose. Again, copyright is not a natural law whose existence cannot be questioned.
      • As for calling a world without copyright, or with alternative compensation systems, "communist", that depends on the implementation. I think the following analogies are accurate:
        • Traditional copyright = "state capitalism" as defined by libertarians (government supports business through the creation of laws)
        • Abolishment of copyright, legally enforced copyleft (right to access source code etc.) = communism
        • Abolishment of copyright = free market capitalism (libertarianism)
      Indeed, you will find that many libertarians oppose the institution of copyright on principle for this very reason. I think RMS and some elements of the Free Software / Open Source scene would be inclined to support a more communist model of copyright where everyone is forced to share their changes to other people's work in a modifiable form (source code for programs, 3D models for 3D graphics ..), at least when they distribute it. The GPL embodies this principle. Personally, I use the public domain for source code I write, though I believe the distinction between proprietary and free is far more important than the one between copyleft and BSD / public domain.

      I'm not a libertarian, mind you, but when it comes to copyright, I think that is where my stance falls.

  23. Sneakernet by dj245 · · Score: 3, Interesting
    This is true. At my university the IT department is, shall we say, "not amused" by students using a whole lot of bandwidth, even if it is all inter-college communications (these clowns still haven't upgraded from 24 port 10bt hubs in the dorms yet). So there exists a couple of very large CD folders (40 cds apiece) left behind by a graduating senior. One is labeled simply "The Porn", another "The Games". These travel all over the dorm, people take a cd or two, add a cd or two, and eventually return borrowed cds when they are done with them.

    This may seem rather archaic, but the IT department is so paranoid about getting in trouble with the **IA that they busted a 5-person DC++ network last year.

    --
    Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
  24. Honestly from the article ... by icepick72 · · Score: 1
    "Today a very important day for the music industry" is, said John Kennedy,

    Well then may the force be with him.

    1. Re:Honestly from the article ... by pintomp3 · · Score: 2, Funny

      the police force certainly is..

  25. Depends on if you agre with the law by MarkByers · · Score: 0

    That statement is ridiculous - it should be the opposite.

    I guess that depends on whether you think the laws are fair or not.

    Are you saying that all laws are fair? How about the 'Hand over your encryption keys or go to jail?' law in the UK.

    Shouldn't we take each law on a case by case basis and determine whether or not it is OK to break that law in certain circumstances, rather than just saying that anyone who breaks a law is automatically evil and should be punished?

    Yes, I know it would be better if the law makers made this decision this for us, but they have proved thir incompetence/corruption (probably the first) already and I no longer trust them to decide what is right or wrong.

    --
    I'll probably be modded down for this...
    1. Re:Depends on if you agre with the law by Kabuthunk · · Score: 1

      Looking at every law on a case-by-case basis wouldn't work all that well. The court systems are already backed up beyond recognition. The last thing we needs is a million other lawsuits hitting the courts to back things up for the next 20 years.

      --
      Planet Zebeth - Metroid with a twist
  26. Re:SSS? Reminds me more of the SS. by KDR_11k · · Score: 1

    Anyhow, Nazis/Godwin aside, the term "steal" implies that it was removed from someone's posession (i.e. they no longer have it any more). But "Infringing upon Stuff they Shouldn't" (ISS) sounds too much like a space station.

    He said "sharing".

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  27. What happened? by Anonymous Coward · · Score: 0

    You use to be cool, German! :'(

  28. Same here by wolf369T · · Score: 0

    In Romania, same thing happened last week. WTF?

    1. Re:Same here by Anonymous Coward · · Score: 0

      Mod me troll of flamebait (if not both), but here in Spain we have the impression that most criminals acting here come from Romania. Everyday I see in the news how many romanians were arrested for mugging and scams. I was almost mugged by two guys who were clearly romanians in Barcelona!

      Don't take me wrong, I'm from South America, and I've been living here for just a year, but that's the impression I get. I know that there are criminals from everywhere but that's the impression I got. I still don't know if it's a "collective prejudice" from the spaniards, or something like that.

      I know it's not fair to label a entire country population as criminal, it's like thinking that in Brazil you only have forests where mulattas dance samba or that in Argentina everybody wears bombachas pants.

    2. Re:Same here by wolf369T · · Score: 1

      Mode me offtopic, but I found this offensive. What's the connection between Romanian criminals in Spain and filesharing? How many legal mp3 and divx do YOU have at home, mister? Sheesh, some people...

    3. Re:Same here by zidohl · · Score: 1

      > Everyday I see in the news how many romanians were arrested for mugging and scams.

      Because when they do anything criminal it's emphatized that they're from Romania, while if they're not foreign there's nothing said about it so you won't think so much about it.

      On-topic:

      Blaiming Sony for making piracy illegal is one thing, but they have the ability to do this because of the consumers. As a member of society, you can't choose what laws to follow and not as it pleases you, because you think some laws are unfair. With this logic to back up piracy you can't prosecute anybody because they can claim the law they have violated is unfair.

      Some argue that arresting people for piracy is not a good way to use the limited resources the police have, because there are still people out there with guns killing people. While i agree with the argument that there are more important things to focus on, it doesn't mean that they can stop prosecuting peolpe for violating laws that doesn't physicly harm other people. This way you shouldn't prosecute people for theft before every heavy criminal is "off the streets".

      Comparing piracy to setting free slaves isn't fair. Where slavery endangered lives and health, piracy does not and cannot be justified in the same way.

  29. Numbers seem off... by Israfels · · Score: 3, Insightful
    Forgive the bad google translation:
    TFA:
    Altogether it came up to the early afternoon to 130 house searches in the entire federal territory, zirka 100 computers and large quantities further evidence was therefore guaranteed, among them thousands of CDs.
    Does this mean that of the 130 homes they invaded, only 100 even had a computer to take as evidence? What if there was more than one computer in some houses? I really doesn't seem like that percentage justifies the home invasions of a good number of possibly innocent people.
    1. Re:Numbers seem off... by Zatic · · Score: 1

      I don't get this either. I talked to an attorney about this once, and he told me that they usually take everything that looks even remotely like a computer.

      The only explanation I have is that the police didn't get a search warrant for the whole house/flat. After all, private domicile is protected by German constitution, so a judge might only issue a search warrant for, say, the workroom and the living room. The police could than see the guy watching DVDs in the bedroom and would have no right at all to even take a step into it. They would have to get another search warrant for the whole flat.

      That's why German police always introduce themselve with "May we come in?" :-)

    2. Re:Numbers seem off... by arose · · Score: 1

      Thousands of CDs == thousands of euros of copyright tax...

      --
      Analogies don't equal equalities, they are merely somewhat analogous.
    3. Re:Numbers seem off... by Lord+Kano · · Score: 1

      That's why German police always introduce themselve with "May we come in?" :-)

      If they don't have a warrant, American police do as well. When the BATF came knocking at my door, they asked to be let in as well.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  30. Solved! by kirkb · · Score: 5, Insightful

    So this must mean that Germany has solved all of their problems with child porn, identity theft, extortion, and all of the other shady activities that can happen online, right?

    Because there's no way that they'd place corporate trademark and copyright issues ahead of the safety and security of their citizens, would they? On the taxpayer's dime, too?

    --
    Slashdot: come for the pedantry, stay for the condescension.
    1. Re:Solved! by Zatic · · Score: 2, Informative

      Germanys law enforcmement agencies have in fact large departments dediceted to shut down child porn and the like. And I am sure they know quite well who the real criminals are. However, if they get a legal complaint from a copyright holder, they simply have to investigate.

    2. Re:Solved! by Anonymous Coward · · Score: 2, Insightful

      I'm not comfortable with raiding homes either, but saying that worse crimes occur is not a fair criticism. Which other crimes would you like them to ignore? We can forget about extortion and identity theft while child porn and rape continue, right?

    3. Re:Solved! by MooUK · · Score: 1, Flamebait

      Major problem with your comment:
      You're saying something similar to saying "People are still being murdered, so we should ignore rape and theft until we've caught all the murderers."

    4. Re:Solved! by Anonymous Coward · · Score: 0

      Of course it's fair criticism.
      There is no right to make obscene profit (what the RIAA et al claim is being damaged here, and don't give me that old flannel about 'hurting the artists': I *am* an artist), but we *do* have the right to walk around unmolested. If the police and government were truly for the benefit of the citizens they clame to protect and represent, this type of crime would be placed *way* down the priority list.

    5. Re:Solved! by g1zmo · · Score: 2, Insightful
      Major problem with your comment: You're saying something similar to saying "People are still being murdered, so we should ignore rape and theft until we've caught all the murderers."

      Another major problem:
      You're equating copyright infringement with murder and rape. If we're following those lines, then don't forget jaywalking. Throw that in there with rape and murder too. And speeding, minor in posession, and expired vehicle registration. They all deserve the same amount of attention from law enforcement.
      --
      I have found there are just two ways to go.
      It all comes down to livin' fast or dyin' slow.
      -REK, Jr.
    6. Re:Solved! by MooUK · · Score: 1

      That's taking things a bit too far in the opposite direction, I think...

      However, the argument "There's people still doing bad thing X, so we should ignore anyone doing less bad thing Y until people stop doing X" doesn't make sense.

    7. Re:Solved! by ejp1082 · · Score: 2, Insightful

      The argument goes more like this:

      We have a finite number of resources to dedicate towards law enforcement. Are the most grievous crimes, involving physical safety and security of the citizenry, sufficiently under control that we can dedicate public resources to going after something as minor as filesharing?

      It seems to me that there's a lot of more serious issues that could use those dollars, from violent crimes to homeland security and even *real* piracy - the guys *selling* bootleg CDs and DVDs, before we should consider using time and money to go after teenagers using P2P apps.

    8. Re:Solved! by MooUK · · Score: 1

      Now that's a much better way of putting it.

  31. BBC Coverage by Anonymous Coward · · Score: 1, Informative

    Police act on German file-sharing

    Police in Germany have charged 3,500 users of a file-sharing network in the biggest single action against the illegal distribution of music online.

    BBC story here
    1. Re:BBC Coverage by QJimbo · · Score: 1

      "Internet piracy has hurt the whole music community in Germany, with legitimate sales falling by a third in just five years."

      Last I heard I thought record sales were going up? Unless I'm much mistaken.
      Also one thing I find intruiging is the services that get targetted, it's been Bearshare, Kazaa and now eDonkey. What about Bittorrent? Noone seems to be going for that one yet... Is there something that makes it harder?

  32. Don't share shit, that's good, dickhead. by twitter · · Score: 4, Insightful
    I hereby invoke my Triple-S Rule which stats: Sharing Shit (they) Shouldn't. News flash: Break the law, and you might get caught.

    Fuck you and your RIAA buddies. If you give me the choice between P2P retrieval of legitimate content and my RIAA music collection, I'll wipe my non free music in a heartbeat. It's crap like this that tightens my resolve to avoid non free music. I can get all I want from archive.org, magnatune.com, others like them, artist CDs bought at the club and etunes. You pigopolists and your old commercial shit are on the bottom of my list.

    We can debate the morality of surrendering to government sponsored ownership of culture, but the practical path is to not help by sharing non free material. Government mandated broadcast monopolies and many other bogus laws lead directly to the creation of the big three music publishers. As the owners of the previous convenient means of sharing music, radio, the publishers have co-opted a large part of our culture. No one really won that one, least of all artists and those actually making the music. The best way to fight it is not to purchase or share RIAA shit.

    Lack of hassle is another reason to delete it all. The accused should be presumed innocent, despite having their doors kicked in. As I pointed out, there's plenty of free content out there by people who want you to share. Much of it is easiest to get by bit torrent and other P2P services. If possesion of RIAA shit is the incriminating evidence, you might be better off without it. That way, I won't have some dickhead like you tut tuting in my face about how I'm getting what I deserved.

    That's kind of what they want - RIAA only or nothing RIAA for you. They are forcing you to chose. If everyone gave them what they wanted, the world would be a better place.

    --

    Friends don't help friends install M$ junk.

    1. Re:Don't share shit, that's good, dickhead. by Anonymous Coward · · Score: 0
      Fuck you and your RIAA buddies. [...] You pigopolists and your old commercial shit are on the bottom of my list.

      Wow, someone forgot to take their meds today.

    2. Re:Don't share shit, that's good, dickhead. by aaandre · · Score: 2, Insightful

      Please mod parent up. Just because he's passionate ("Fuck you and your RIAA buddies...") doesn't mean he doesn't make a lot of sense. Thank you.

    3. Re:Don't share shit, that's good, dickhead. by dave1212 · · Score: 1

      Hear, hear. Well said.

    4. Re:Don't share shit, that's good, dickhead. by osolemirnix · · Score: 4, Interesting

      The problem I see here and that most readers seem to be overlooking, is that the RIAA/music industry representatives "helped" the police to decide wether a user actually shared copyrighted content. So assume you you share, but only free/legal stuff. But you share a lot, so at first you are on their radar. Then some music industry rep searches through the stuff you shared to determine if it's legal or not. Assume he is wrong (on purpose or not). As a result, the police will break down your door with a search warrant, seize all your computers, CDs, and DVDs as evidence and it will take months for you to see them back. In the meantime, try to prove that you are innocent. Even if they eventually figure out that you are innocent, they have effectively scared you from using P2P sharing (regardless of legal content). That because the music industry isn't only hurt by the legal songs shared, they are hurt and afraid by the principle of P2P distribution, it fundamentally challenges not only their business model but their whole "raison d'etre". That's what is really outrageous about this action.

      --

      Idempotent operation: Like MS software, wether you run it once or often, that doesn't make it any better.
    5. Re:Don't share shit, that's good, dickhead. by octopus72 · · Score: 2, Insightful

      This way of performing investigation is, IMO, still much more fair to users than practices preferred by music industry. Police forces, as opposed to various RIAA/MPAA-like organisations, do have the right to collect legitimate evidence and were probably even authorized by copyright holders to share copyrighted material in this investigation, if needed. Important bit is that their evidence is less likely to be falsificated. Sincerely, I don't understand how RIAA/MPAA logs can be any evidence, even in US courts, because they can write whatever they want and present it to court.

      German police also contacted RIAA to verify if data is copyrighted. Well, you can bet that in USA they wouldn't even bother before knocking on your door.

      Massive Edonkey sharers are likely to be targeted by this kind of operation (i.e those who share 500+ files). Bittorrent is much harder to track in that way, because it doesn't have a central database with each shared file (per server) so it's much harder to find people who are sharing HUGE amounts of material online. Therefore operations like this won't change a bit.

    6. Re:Don't share shit, that's good, dickhead. by Anonymous Coward · · Score: 0
      Hey, I hope the next time I use "fuck you" and "shit" in order to make a point I get modded up to +5. That's really great. Because everyone knows it's imposible to create a coherent argument without insulting the person I'm replying to. Yes, let's all take ourselves down to the level of uneducated teenagers on IRC and Digg. Yes, opinions are much more credible with a healthy dose of invective.

      These types of moderations are really weird.

  33. Sometimes I wonder... by autOmato · · Score: 3, Interesting

    Sometimes I wonder what will the MPAA/RIAA/GEMA/etc. do, when all file-sharers are locked up in prison, all music and film is DRM-restricted, CD sales are still declining and nobody goes to see blockbuster movies anymore...

    1. Re:Sometimes I wonder... by Opportunist · · Score: 1

      They'll never catch everyone. So it's evident that the remaining few are actually going to be something akin to "drug barons" of filesharing, because they evidently cause a lot of people to not go to movies... or something like that.

      Hell, logic has left this part of reality a while ago, why am I trying to find some there?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:Sometimes I wonder... by Anonymous Coward · · Score: 0

      Sometimes I wonder what will the MPAA/RIAA/GEMA/etc. do, when all file-sharers are locked up in prison, all music and film is DRM-restricted, CD sales are still declining and nobody goes to see blockbuster movies anymore...

      They can always go back to their old jobs; provided they are still physically able to break kneecaps.

    3. Re:Sometimes I wonder... by Anonymous Coward · · Score: 0

      Well, since they seem to think they have a god-given right to make a profit, they will probably bribe some politician to pass a law mandating purchase of 1 DVD or CD per week.

  34. "What's the difference...?" - Joshua by larzluv · · Score: 5, Insightful
    Many, sadly here on Slashdot, too, subscribe to the thought that "artists *deserve*" this-or-that. That it's their "right" for such-and-such. Okay, let's accept that for a moment. Then riddle me this:

    [1] (Forget your employment contract, as most of you conveniently forget the actual contract between an "artist" and a (typically) Media Giant.) Do -you- have a "right" to royalties for a work you performed for your employer? This is a "moral" question to you all. Not a technicality one. Please answer accordingly.

    [2] Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following:
    A picture painter?

    A portrait photographer?

    A code monkey working at corporation X?

    The guy who mows your lawn/cleans your pool?

    A waiter at the restaurant you ate at? (LAST WEEK!)

    The gal who sized and sold you your suit?

    The grease monkey who fixed your engine's knock?

    A singer at a bar?

    Old Kids Down the Block?

    Movie Star Y?


    [3] After you've answered "Yes!" (because if you didn't, then you can't POSSIBLY see file sharing as "stealing", you dolt!), please explain WHY?

    [4] If I'm passing a street performer and, though I enjoyed the performance they gave, I didn't donate into their hat, do you consider me a "thief"? (I'd be the first to feel a heel, and "rude", but that's not the question!)

    [5] What's the difference between:
    A street musician singing a song? (I can listen, but don't don't donate.)

    A singer singing outside of a bar to attract customers? (I can listen, but don't go in.)

    A singer singing inside of that same bar, but I can still hear them?


    [6] WHY "should" an "artist" receive recurring payments for a job performed ONCE, while a, uh, bricklayer, trash-man, flight attendant, hooker, cab driver, teacher, mechanic, PC repair tech, etc., etc., ..., etc. NOT?




    If you STILL feel inclined to hold your misguided, fanciful, but NOT-thought-out *beliefs* after reading this, and choose to reply... I don't know if you're more stupid or brave...

    (Is it "brave" to be steadfastly wrong? ;)
    --
    "To err is human, to totally fsck things up requires an election." - L.W. Hale
    1. Re:"What's the difference...?" - Joshua by hacksoncode · · Score: 1
      Well, basically speaking, IP rights are a solution to the problem that information wants to be free. A clever hack, if you will, and not a true "right" in the natural rights sense.

      The result of this immutable law of nature is that people won't expend much effort to produce it, because something that is free has no value and people rarely expend much effort on production of valueless things (I'm using the technical economics definition of "value" here).

      The workaround to this problem is to (in theory temporarily) grant them the right to commercially exploit a work of information creation exclusively.

      So as you see, it's not really a question of natural rights, like speech, liberty, etc. It's a question of a sensible societal tradeoff. In a sense, IP protection is a "public good" much like parks and libraries (heh, heh, he said "libraries"). Again, using the technical economics definition of "public good" here.

      There doesn't appear to be such a problem with non-informational products of people's labor. Those are quite adequately dealt with by a free market.

    2. Re:"What's the difference...?" - Joshua by shark72 · · Score: 3, Insightful

      "Many, sadly here on Slashdot, too, subscribe to the thought that "artists *deserve*" this-or-that."

      ... straw man...

      "That it's their "right" for such-and-such. Okay, let's accept that for a moment."

      Excellent suggestion. Creators of works of art do have rights, as codified by law.

      "Do -you- have a "right" to royalties for a work you performed for your employer? This is a "moral" question to you all. Not a technicality one. Please answer accordingly."

      The difference between your working day and the working day of a typical artist is that you can probably go to your office and read Slashdot all day, and you'll still get a paycheck this week. And next, and the next after that. By comparison, novelists, poets and musicians are among the three lowest paying profession. An average McDonald's employee brings in more than the median income for poets, musicians and writers.

      "Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following:"

      ...followed by a list of jobs where work is much easier to find, and the pay is much higher, than for most artistic professions. That's the difference.

      "If I'm passing a street performer and, though I enjoyed the performance they gave, I didn't donate into their hat, do you consider me a "thief"?"

      Of course not. The street performer sets the terms: watch my performance. Pay if you like, or don't. Likewise, an artist sets their terms. Some musicians release their music on a payment-optional basis, much like that street performer. Others don't. You're not violating the terms if you don't tip the street performer. Likewise, you're not violating the terms of the musician who releases MP3s with a voluntary donation system, and you opt not to donate. But if that musician releases their stuff only on a for-sale basis, and you pirate it, you're violating their terms. Do you understand the difference?

      "WHY "should" an "artist" receive recurring payments for a job performed ONCE, while a, uh, bricklayer, trash-man, flight attendant, hooker, cab driver, teacher, mechanic, PC repair tech, etc., etc., ..., etc. NOT?"

      The U.S. Constitution puts it pretty succinctly: to promote the progress of science and useful arts. If you feel it's a great inequity that a poet or a novelist enjoys the advantage of royalties while a cab driver must go to work each day to get paid, try the thought experiment of which you'd rather try to make a living at for a year: creating and selling your poetry/prose/music, or driving a cab.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:"What's the difference...?" - Joshua by Anonymous Coward · · Score: 0

      I don't "think" that your "post" is "wrong", but it's so "long" and a tad bit "confusing" but I guess you are "right".

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

      Well said.

    5. Re:"What's the difference...?" - Joshua by BenjyD · · Score: 1

      Other posts have already pointed out most of the flaws in your argument, but I'll add one more point.

      There are lots of things where you make an investment up front in the hope of generating an income stream in the future which is worth more than the investment. Releasing recorded music is no different. Renting out property, for example - why should I pay the landlord any more than the cost of upkeep of the property?

      By protecting the products of the musicians' investment, you give the musicians an incentive in invest.

    6. Re:"What's the difference...?" - Joshua by Admiral+Ag · · Score: 1

      > Well, basically speaking, IP rights are a solution to the problem that information wants to be free. A clever hack, if you will, and not a true "right" in the natural rights sense.

      > So as you see, it's not really a question of natural rights, like speech, liberty, etc. It's a question of a sensible societal tradeoff. In a sense, IP protection is a "public good" much like parks and libraries (heh, heh, he said "libraries"). Again, using the technical economics definition of "public good" here.

      This is the accepted view, but I think that it doesn't apply so much in the case of music that most people want to buy (which is essentially identical with the music that people want to download illegally).

      As someone else said, music is a high risk and low pay occupation. People are prepared to have a go at it for various reasons. One is that they simply like doing it, the other is the chance at great wealth, and the rest is "attendant benefits". The latter two only accrue if you are one of the few major success stories.

      I don't see that making music free would necessitate even successful artists being poor. For groups like the Stones, their music is just a way of advertising a tour (that's why we get lamer releases and compilations when they tour). Why not just go the whole hog and treat it as advertising, but advertising that people actually like.

      But the other benefits of being a successful musician are motivation enough. What teenage muso hasn't dreamed of the endless train of groupies he would fuck if he made it? And there's fame in general.

      As long as there is no shortage of fame junkies in our society, there will be no shortage of music. Lots of people are already willing to spend money and time for the chance of being a famous musician. Our society might run into shortages of computer engineers, science teachers et al. but I can tell you that there will never be a shortage of actors and musicians.

      --
      "by that I mean people who don't sit on slashdot all day wondering why everyone else isn't building robots" DECS
    7. Re:"What's the difference...?" - Joshua by Kojiro+Ganryu+Sasaki · · Score: 1

      I can't really figure out from your post what your opinion on this exactly IS, but there are several kinds of copyright opponents.

      I am the kind that supports the right for people to share music and stuff online for free, but i oppose commercial infringement.

      If you can share stuff for free, there's really no reason (apart from some kind of "freedom" argument) to support commercial infringement. Commercial infringement now is where the real problem lies because as an author you cannot self publish at high quality without investing money in it. A corporation CAN do that however, so they would just snoop around until they find a book they like and then publish making money on someone else's work. This is where it's going to have an impact on society. Sharing online is perfectly fine by me.

      Now the dedicated copyright opponent will argue that this would lead to better quality printing. Well it's certainly possible, but many creators would simply stop producing and releasing anything to the public, not because people can download their stuff for free, but because corporations can make money of their work without paying them anything.

    8. Re:"What's the difference...?" - Joshua by headLITE · · Score: 3, Insightful

      There's a fundamental flaw in your argumentation regarding the notion of viewing illegally downloading music as stealing from the artists (you can only steal material goods) and another one regarding the notion that there's a right to royalties (there's not). However, you seem to overlook the fact that there is copyright.

      [1] (Forget your employment contract, as most of you conveniently forget the actual contract between an "artist" and a (typically) Media Giant.) Do -you- have a "right" to royalties for a work you performed for your employer? This is a "moral" question to you all. Not a technicality one. Please answer accordingly.

      In Germany, I do own the copyright for work I create for my employer. This is because copyright cannot be revoked or given away here. However, my contract, which you so conveniently suggested to ignore, does state that my employer has exclusive usage rights for everyhing I create for them. In other words, I myself chose to get a regular monthly salary instead of payment by actual work done. I could have chosen the latter and become a contractor.

      [2] Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following:

      Before I answer this question, I want to ask one myself: Is there actually a right for royalties? No! Neither in Germany nor in the US nor in most European nations.

      There is, however, copyright. Copyright means, in its essence, that I may decide who gets to use works I create.

      As an employee, I decided that my employer is to get exclusive usage rights for works I create for him. Had I not explicitly granted these rights, my employer would have no legal way to use anything I create.

      This is similar with music. The copyright holder says I can have a copy of their music if I respect their copyright and don't share it with dozens of people I might not even know. I can either agree to this implicit contract or not. However, if I don't, I myself have no right to the work of someone else, since said contract is the only way for me to get it in the first place. This is because copyright says I get to choose who can have a copy of my work.

      A picture painter?
      A portrait photographer?
      A code monkey working at corporation X?
      Movie Star Y?
      A singer at a bar?


      I rearranged these examples so that the preceding block contains those where someone may actually create something new. Copyright only applies to these. All of them have the same choices I had to sell their work.

      The remaining examples are not of creative work. There is no copyright for mowing my lawn. It's simply work I pay for and as such, out of this discussion.

      The guy who mows your lawn/cleans your pool?
      A waiter at the restaurant you ate at? (LAST WEEK!)
      The gal who sized and sold you your suit?
      The grease monkey who fixed your engine's knock?
      Old Kids Down the Block?


      [3] After you've answered "Yes!" (because if you didn't, then you can't POSSIBLY see file sharing as "stealing", you dolt!), please explain WHY?

      As I previously explained, there is no right for royalties, so your question is moot. None of those people has any right to any royalties. All of those from the first block (those that actually create something new) can choose any model to sell it they want.

      However, I don't see file sharing as stealing: Stealing is the transfer of material goods with the primary result that the one they're stolen from does no longer have them. Downloading music illegally therefore is not stealing - the copyright owner still has all of it regardless of who else has a copy.

      The law illegal downloaders are breaking is copyright law. Copyright law states, as previously noted, that the creator of any creative work is the sole entity to decide how anybody else might use it. In the case of illegal music downloads, the copyright owner (either the music industry or the artist, depending on regional legis

    9. Re:"What's the difference...?" - Joshua by Lars+T. · · Score: 1

      Many, sadly here on Slashdot, too, subscribe to the thought that "people *deserve*" this-or-that. That it's their "right" for such-and-such. Like the "right" to get entertainment for free.

      --

      Lars T.

      To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

    10. Re:"What's the difference...?" - Joshua by clifyt · · Score: 2, Insightful

      At one point I was a signed artist and I still have a lot of contacts in the industry having recently contributed in the background to a semi successful remix type compilation for a major (not my normal thing, and heck most of my work is in academia these days) -- I might be a shill...

      1. Do -you- have a "right" to royalties for a work you performed for your employer?

      No -- no one has a right to anything except life and liberty -- at least in my country. We do have a right if as part of our employment contract says so though. I've been lucky, over the last few years, I've opted to be paid up front for my work and I could care less if I even get credit -- I was paid for it already. Occasionally I will take points -- but I consider them a bonus for performing work that helps out my employer. But any artist that wants royalties have every moral right to expect them if that is what their contract states (and the contracts are ALL very clear as to how the money is coming and what effects it -- if you get $2M to record an album and you spend $4M -- that extra will come out of your future earnings).

      2. Do you see a difference in the "right" for royalties - future compensation on work done "today" - of the following (lots of unrelated fields):

      Yes -- if that's what they agreed to. I've known several portrait painters that retain copyright. If you want to duplicate the photo, you must go through them. Of course, as their subject, they cannot duplicate it without your permission -- so its not one sided.

      Folks like Waiters are almost always paid this way -- you don't negotiate the wages until AFTER the meal. These people get paid maybe $2 an hour in the US -- and I've known quite a few that never even cash their salary checks because its just not worth it to them (especially when estimated taxes are taken out). Thee isn't a law (that I know of) that states *YOU* have to pay them at all if you didn't care for their service -- and I'd been with folks that routinely recalculate checks that have automatic 18% gratuity added and pay less solely because of the principle -- these are the same folks that would make certain that these waiters and waitresses get 30% of its not thrown in their face. Again, its entirely up to the person how much you are going to pay and that is the risk they take when they take this position (if there was a law that stated we had to pay them or explain why and submit it to the proper authorities -- I might reconsider :-)

      3. After you've answered "Yes!" (because if you didn't, then you can't POSSIBLY see file sharing as "stealing", you dolt!), please explain WHY?

      File sharing is theft because you don't have the right to distributing someone's artistic work without his or her permission. This is a moral imperative. It's not a technical copyright law. I think copyright law is a bit wrong -- I don't like Life + 70 years. I think life is good enough. After you are dead, you don't have a choice in the matter. At the same time, +70 allows some of your wishes into death still help your family (I just think it should be shortened -- maybe life +20).

      But yes, file sharing is theft from a moral perspective if you do not have the permission to do so.

      As an artist, I encourage others to allow reasonable sharing. It's in our best interest to have everyone hear everything we make. Errr...sorta. I don't allow anyone to hear my own personal work these days as I've been burned once in public and I won't do this again :-) But good stuff that folks actually want others to hear -- why not? But here is where file sharers and artists differ -- what is REASONABLE sharing. I have the reasonable expectation that I can make a few copies of songs for friends. I think iTunes has it right where you can make only 10 copies of a complete album before it says no. Other promotional performances (i.e., Live or special remixes that are not expected to be commercial in nature) -- maybe a lot more -- maybe putting them on the

    11. Re:"What's the difference...?" - Joshua by Anonymous Coward · · Score: 0

      File sharing IS NOT THEFT. It is copyright enfrignement. By confusing the terms, you open the door for people to misunderstand the subject and pass laws that restrict actions based on the wrong presumptions.

    12. Re:"What's the difference...?" - Joshua by Digital+Vomit · · Score: 1
      The U.S. Constitution puts it pretty succinctly: to promote the progress of science and useful arts.

      It's quite clear that modern copyright laws do the exact opposite.

      Pointing to a statement like this as if it supported your position is simply intellectually dishonest. It's like when false Christians point to Bible verses to support murder and hatred (e.g. The Crudases, slavery, bigotry, etc.) when it supports no such thing.

      --
      Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
    13. Re:"What's the difference...?" - Joshua by clifyt · · Score: 1

      Legally it is copyright infringement (if done without permission).

      Morally it is theft.

      There is no confusion...its just like if someone who is raped as a youth says that they had their Childhood Stolen. No, their childhood was not taken away from them from a legal sense (discounting the rape aspect which IS) -- but there was something taken -- and that is theft.

      So don't be an idiot (and no, I'm not comparing file sharing to rape -- I'm using an example, but I have a feeling you eff'n idiots that like to hide behind their anonynimity to post bullshit don't have a clue -- at least when I'm anonymous, its just because I don't want to deal with idiots like yourself :-)

      Please consider my comment on this subject here as much of a troll as the one above me and mark it accordingly (I am no karma whore).

    14. Re:"What's the difference...?" - Joshua by SillyNickName4me · · Score: 1

      except when they only sing a song created by someone else

      And that is where you are wrong (both with the specific bit that I quoted, as with the similar conclusions about who does and doesn't 'create' things).

      You mention copyright more then once. Have you ever noticed how copyright on a song and copyright on a specific performance of that song are seperate? A 'performance' definitely creates something new, abeit based on the performer and the piece being performed.

      There is one more fundamental flaw to your post however.

      Grandparent is talking about how certain groups get repeated payment for a single bit of work and others do not.

      You defend this situation by pointing at copyright.

      Copyright in no way provides the reason for this differentiation, it merely provides the means by which this difference is encoded in law.

      Please try again when you can explain WHY we have copyright, without ending with a circular argument, and without just pointing at the need to 'reward artists'.

    15. Re:"What's the difference...?" - Joshua by JesseMcDonald · · Score: 1
      Of course not. The street performer sets the terms: watch my performance. Pay if you like, or don't. Likewise, an artist sets their terms. Some musicians release their music on a payment-optional basis, much like that street performer. Others don't. You're not violating the terms if you don't tip the street performer. Likewise, you're not violating the terms of the musician who releases MP3s with a voluntary donation system, and you opt not to donate. But if that musician releases their stuff only on a for-sale basis, and you pirate it, you're violating their terms. Do you understand the difference?

      Just out of curiosity, would you consider it reasonable for a street performer to set the terms differently, perhaps on a non-payment-optional basis? Perhaps by putting up a sign or some such, so that anyone passing by who isn't wearing sound-blocking earplugs would be violating the terms by failing to pay? The means employed by every other profession in setting the terms of a sale is ultimately based on the scarcity of physical property (which doesn't apply to copies) or labor (by choosing not to perform the work in the first place, which isn't happening here). Someone who performs work without any promise of payment in any other profession is not considered somehow "entitled" to compensation from everyone who may benefit.

      As for the rest ("the poor, starving artists deserve to be subsidized"), I have only one, simple response: if the conditions aren't to your liking, get out. Find a more profitable line of work! There are just too many "artists" today, drawn in by the lottery-like "star" system, competing for a limited (and decreasing) slice of the entertainment market share in the midst of a stagnating economy. What did they expect? Did they even bother to investigate the market before choosing art as a career? The arts in general are not exactly known for being reliable, profitable lines of work for most of those who choose it. Only those with the exceptional charisma, skill, and determination manage to turn a significant profit.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
    16. Re:"What's the difference...?" - Joshua by shark72 · · Score: 1

      No intellectual dishonesty is intended. The discussion of the effects of copyright law as it exists today, vs. how it was envisioned by the framers of the constitution, is an interesting one -- but it's lateral to the Q&A. He asked "why should artists have the right to set the terms by which their work can be copied?" and I answered, quoting the constitution: "to promote the progress of science and useful arts."

      Referring to your assertation: I know several people (and I'm talking actual people, not large corporations) whom copyright law has helped. I really don't think I'm alone here. Unless one has a very small social circle, even by Slashdotter standards, the average person likely knows a few people who make money off of their ideas.

      I think many people subscribe to an ideal that abolishing copyright law would bring about a new enlightened age; I think that it would simply shift the economic scales more toward those who are already good at copying -- e.g. it would be a lot easier to get a cheap t-shirt or DVD featuring Mickey Mouse, since every factory in China would be able to produce and export them without restriction. There are already plenty of artists who give their work away for free, and there always will be. Copyright law is not putting a stranglehold on our ability to enjoy and appreciate free art. Allowing me to get that Mickey t-shirt for $5 instead of $20, or to help myself to a copy of any CD I like, is not going to significantly increase my quality of life. But pushing artists and writers even further down the socio-economic hierarchy would have grave implications. I think one can judge a society on how it treats its artists. Taking away rights from a group that are already among the lowest-paid would not be a good step for our society. The fact that I have to pay $0.99 if I want my own copy of a Pussycat Dolls track? That doesn't bother me. I'll pass, thanks. The fact that the right to set their terms likely encouraged them to get into the entertainment business? I'm all for that. If they've made somebody's life happier, then good on them. The system has worked.

      Taking a more pragmatic view, I'm aware that intellectual property is among the USA's biggest exports. Whether we it or not, the taxes that our film studios, software companies and book publishers pay are a significant reason for the quality of life we enjoy. Even if we don't care much for the livilihoods of individual artists, taking deliberate steps to set our economy back a few notches is too large a price to pay for free Slipknot CDs for every teenager.

      --
      Sitting in my day care, the art is decopainted.
    17. Re:"What's the difference...?" - Joshua by poot_rootbeer · · Score: 1

      The difference between your working day and the working day of a typical artist is that you can probably go to your office and read Slashdot all day, and you'll still get a paycheck this week. And next, and the next after that. By comparison, novelists, poets and musicians are among the three lowest paying profession. An average McDonald's employee brings in more than the median income for poets, musicians and writers.

      While true, I don't think that has anything to do with why our laws give creative artists the opportunity to collect residual royalties for their work, but not a brick-layer or a hooker.

      It is easily recognized that the creation and distribution of a artistic work has lasting cultural and societal benefits beyond the initial efforts of the artist. A piece of music or a painting can bring enjoyment to countless people, long after it's been written or recorded or painted; the same cannot be said about a cab ride after the cabbie has finished his driving.

      The question is one of fairness. How long after the creation of a work should an artist continue to benefit?

    18. Re:"What's the difference...?" - Joshua by Damvan · · Score: 1

      But as a civil engineer, countless people enjoy the fruits of my labor long after I have been paid. Things such as the buildings and infrastructure upgrades that I design. Based on your argument, shouldn't I receive royalties as well? Nothing much, how about a penny every time someone flushes the toilet and utilizes that wonderfull sewage treatment plant I designed? That plant has long lasting societal benefits beyond my initial effort.

    19. Re:"What's the difference...?" - Joshua by kocsonya · · Score: 1

      So, how does it exactly "promote the progress of science and useful arts" that after Walter Disney has been dead for most part of a century, the Walt Disney Corporation is being paid if someone puts Mickey Mouse on a cup and actually the named corporation has a right to ban anyone the right to create copies of Mickey Mouse, i.e. they could ban your kids to draw it and show it to you?

      I don't think that progression of the art of an artist can be promoted much further when, to put it bluntly, the artist has turned into a lump of rotting meat six feet under.

      If you want a system that pays the *artist*, I'm with you. A system that pays corporations and individuals who had absolutely nothing to do with the artistic creation of the work is, however, unfair at best. The publisher did not create the art, it merely published it. It provided a service to the artist, to disseminate his/her work. Why should the public pay the publisher for what the artist created, long after the artist is dead? Why should the public accept that if the publisher decides that the work of the artist is not financially feasible for them, then it can no longer be obtained by the public? Isn't it strange that the artist himself/herself, *the creator of the work* can not copy his/her own work without the permission of the publisher?

      The current copyright system has absolutely nothing to do with the progression of arts (or science, for that matter). It has to do with one and only one thing: making money.

    20. Re:"What's the difference...?" - Joshua by Anonymous Coward · · Score: 0

      OK, I'll bite. I happen to support filesharing, but the parent's argument is FAR from foolproof. (Good job listing though!) All the parent's examples depict services for which the service providers receive an initial fee. As I understand it, musicians do not receive initial fees from media giants for their works. The musicians get recording advances which are subsequently recouped out of royalties. Yes, the media giants are glorified middle men, but without sales revenue, the artists cannot get paid for recorded material AT ALL, flat fee or not. Basic economics: If nobody buys, nobody gets paid. period. That's a big difference! Filesharing might be good publicity to promote live music, but the parent is complaining about multiple payments for recorded material. Even as publicity, filesharing doesn't work for studio bands that cannot recreate their material live. The parent seems to want media giants to magically pay the artists and then lose major revenue to filesharers so that he can download songs without feeling that he is screwing the artist directly.

          As for street musicians, they are imposing their music upon you, so it's tough shit for them if you like it but don't donate. However, by downloading an artist's work, you are ACTIVELY seeking out the material. If you like it and make frequent use of it, then MORALLY, it seems to me that you should pay for it somehow (i.e. buying an album, donating money, or paying for a concert.)

  35. Interesting language use by Anonymous Coward · · Score: 0

    OK, people broke the law, get busted, may be punished. Nothing terribly interesting there...

    What *is* interesting is the use of language. Note that they don't say "illegal file sharing"... they just say "file sharing", under the implicit assumption that all filesharing is illegal (rather than, say, using a torrent to grab the latest linux distro, or sharing photos). Likewise it seems to be assumed that if you offered music, it must be illegal (rather than, say, new bands trying to get an audience by distributing their work). I'm not sure if it's intentional on behalf of the author or not, but it says a lot about how well the **aa has "educated" the media to make the "right" assumptions.

  36. Nope by Alphager · · Score: 1

    This series of raids is the outcome of a joint operation of several different nations. 60'000 people were caught sharing illegally in a period of 2 months. 3500 of those were germans. 130 of those were heavy users and got raided.

  37. Sad by grumpygrodyguy · · Score: 0, Flamebait

    So much for european countries being more socially evolved than america

    --
    The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
    1. Re:Sad by Anonymous Coward · · Score: 0

      Yah, Europe has always been following the footsteps of America. They're just a couple of years late every time. I sincerely hope the French won't elect Bush as their president next year ;).

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

      Don't know, but I've heard the French vice-president just got a brand new shotgun.

  38. And in the meanwhile... by Mofaluna · · Score: 1

    the RIAA oligopoly keeps on violating every anti-trust law on the planet :s

  39. And here i thought... by Wazukkithemaster · · Score: 2, Interesting

    ... Those crazy Europeans paid VAT taxes on all blank media because people just kind of assumed it would be used for piracy. (I hope thats not the real reason, I really, really do.)

    --
    Live according to the Categorical Imperative. If the Categorical Imperative tells you not to live by it... ignore it
    1. Re:And here i thought... by sql_noob · · Score: 1

      But that would turn piracy legal if you paid, right?

    2. Re:And here i thought... by Zatic · · Score: 3, Interesting

      I have to disappoint you. While it isn't exactly a tax, there is charge on media and copying devices like cd recorders, but it is transfered directly to a fund which then destributes it to the artists. The sad thing is, this charge was introduced specifically so that law enforcement wouldn't have to deal with copying too much and that strict laws wouldn't be even necessary. Right now they are discussing much stricter laws (making even private copying illegal), a higher charge on media (up to 5%) AND they are busting people in their homes anyway.

    3. Re:And here i thought... by loraksus · · Score: 1

      Give an inch.... they take a mile.
      What it basically comes down to is that there are enough corrupt politicians pretty much everywhere in the world for abusive legislation to get passed. These people, combined with the politicians who don't actually care about the issues to educate themselves is why we have problems. Not too many geeks going into politics....

      --
      1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
    4. Re:And here i thought... by Technician · · Score: 1

      Those crazy Europeans paid VAT taxes on all blank media because people just kind of assumed it would be used for piracy.

      I know in some places they have royalty fees on blank media. For example there is one on audio CDR discs. I think that is why they don't bother the downloaders. They are trying to cut off the uploaders. They don't want their product diluted. They taxed the media for when you make a copy of a CD you already own for your car.

      --
      The truth shall set you free!
    5. Re:And here i thought... by SillyNickName4me · · Score: 1

      They taxed the media for when you make a copy of a CD you already own for your car.

      First of all, it is a levy, not a tax. It is intended to compensate for private copying.
      Second, unlike what you believe, you do not have to own a legal source for your copy, but you are only allowed a single personal copy made in such a way from each specific work. For example, it is completely legal for me to borrow a CD from someone (or a library, or why not rent it..) and make a personal copy of it on a CDR for which this levy has been payed. This copy stays legal also after I return the original. I am however limited to making that one copy, and I cannot make it for anyone other then myself.

      This levy does not give you the right to distribute.

    6. Re:And here i thought... by Zatic · · Score: 1

      This is not entirely true. You can in fact borrow a CD from a library, make a copy from it, return the CD, and continue making further copies from your copy and even give them to friends and family.

      They in turn can again make copies of the copies you gave them, give them to their friends and so on...
      If you don't happen to have a CD burner, you can even go to a friend of yours and ask them to burn the CD you borrowed. Since you can share it with friends, they of course can again keep a copy for themself and share it again with friends and family.

      This is all perfectly legal as stated in article 53 UrhG (German copyright law).

      It is not legal to distribute the media or to give copies to strangers (or to sell them, of course). General concensus is that up to 7 copies for friends and family does not qualify as distributing, but that is not written down in law and a judge might decide otherwise.

    7. Re:And here i thought... by SillyNickName4me · · Score: 1

      The post I replied to seemed to be about Europe in general. Of course it doesn't work like that as your post shows clearly, the actual law and its implications differ from country to country. The situation as I described it is true for the Netherlands, and likely some other parts around Europe, but isn't generally true for Europe as a whole either.

      Another interesting difference I noticed is that German law seems to explicitly deal with 'illegal' sources, whereas Dutch law doesn't care about the status of the source whatsoever (at least for now)

      On another note.. the levy on recordable media here is insane compared to Germany (I spend a lot of time in Berlin).

      But good to know that when in Germany and using localy bought media, I can actually make copies for family and relatives there.

  40. "Piracy" is -not- "Theft" by larzluv · · Score: 1

    For practical purposes, the term "piracy", as applies to copyright, should be left to its older, but less romantic usage: large scale duplication and sale in lieu of the real article. The reason this is illegal is the original intent of copyright (speaking as an American about our Constitutional notion of copyright): it's a protection of business, sure, but for the more important goal of disseminating information and increasing the collective wealth, both figuratively - as in "mental" wealth - and literally. Protect the business interests of copyright holders, sure, but, along with trade mark law - which, contrary to popular myth, is about protecting the PURCHASER, -not- (especially) the seller - PROTECT THE END PURCHASER, THE CITIZEN.

    But file sharing is hardly "piracy". Regardless of how worry-warts of Media Giants would puff up about.

    The vast majority of people are "normal"; we have "normal" wealth, which means it's LIMITED. We have limited discretionary funds. We must therefore be selective in how we use it.

    Blanket-labeling of file-sharers as "thieves" belies this.

    We have only so much money to spend on life's fluff: movies, the theater, dining, gas, rentals, live performances/concerts, museums, books, pre-recorded items, cable TV, software, video games, etc.

    It's convenient to believe the world is so simple that "if people have to pay for something, they will." It's a logical fallacy. You moral-superiority types must get along great with the doomsdayers of Big Media. Yes, I said "Big Media" - they're the only ones beating this tired, dead horse.

    It's a simple mind-game you can play at home: if you have limited funds to spend, and something drops off the list of priorities for you, would you still buy that thing that you can't afford that's no longer on your priority list?

    Honest truth is that many hoard. They'd never buy all they have if they "had" to. They download all the movies/CD's/video games just for bragging rights. MANY of them will OFTEN actually BUY something that they truly value.

    Painting all file-sharers as cheapskates also ignores another truth in the argument: people are either "collector" types, or not. Are either "I do it the 'right' way because it's more convenient", or not. I mean this: if you're not prone to buying item X in the first place, you're not stealing it in the second place if you download it. You're decidedly NOT in the "loss" column. Similarly, if you typically purchase movies/CD's/games in stores, even if you -could- download it for free, you're still typically going to purchase what you truly value anyway.

    And by value, this means different things to different people. Some of us prefer/like the cover art, liner notes, "extras", and/or the mere convenience of having separate media that's in a convenient package which I may place upon my shelf when not in use. These are all valid reasons why some us PREFER to buy CD's, DVD's, and/or video games.

    Media Giants, with regards to music groups specifically, have gone to great lengths over the years to hearken back to the days of yesteryear when bands/singers were a dime a dozen; where it was their one-hit wonder that mattered, not The Group. This is better in their eyes in that it keeps artists at a negotiating disadvantage. Unfortunately, their shortsightedness breeds another outcome that they DON'T like: disposable, generic music/artists have no value. Silly boys...

    Sorry, I started to get off target. The point is, no, gentle reader, people don't "always" get for free what they -can-, but what they choose to. And most of us supplant one form of frivolous purchase for another, so that the sum total of our purchases are STILL going to Big Media. They complain we're stealing their movies. Okay, but I'm still buying CD's, and/or more of those. Or vice versa. They can't get blood from a stone, nor money from an empty piggy bank: if I don't have i

    --
    "To err is human, to totally fsck things up requires an election." - L.W. Hale
    1. Re:"Piracy" is -not- "Theft" by NutscrapeSucks · · Score: 1

      I like the term "piracy" because it reminds me of my romantic BBSing days when friendly folks named Sinbad and Cap'n Hook would distribute cracked games. I understand it's a rather biased term.

      if you're not prone to buying item X in the first place, you're not stealing it in the second place if you download it. You're decidedly NOT in the "loss" column.

      My point is twofold:
      (A) Whether or not it's a "loss" is usually not the concern of the average pirate who doesn't see their activity as a moral equasion. Even if it was, it's not important.

      (B) "If you will buy it" is a shifting standard based on how easily you can get something for free. Realworld purchasing decisions are often arbitriary and impusive, and I will contend that if you are downloading somehting useful to you, there's a real chance you would have bought it. (But that would be dumb if you could get it for free.)

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    2. Re:"Piracy" is -not- "Theft" by anarchyboy · · Score: 1

      While i agree with your argument, it does have one consequence that you failed to mention. Which is that given the limited funds that each person spends on entertainment the way for the different sections of "big media" to make the most money is to compete to reduce the amount of piracy/copyright infringment in their area. So if the consumer can't download the latest film but can get free music, tv and video games they have more money left over to go and pay to see the film. While this still doesn't mean that downloading 10000 songs is the same as stealing 10000 sales from the record company, it does explain why the action of the riaa etc in these cases is still worthwhile and profitable.

  41. Re:I'm not surprised about this happening in Germa by KDR_11k · · Score: 1

    Yes, but likewise you don't hear about Germany applying pressures to the USA for copyright extensions.

    Well, indirectly. You may be aware of the tax loophole that allowed Uwe Boll to be profitable. Hollywood has been exploiting that for decades so indirectly the German citizenry funded the MPAA which is applying the pressure for copyright extensions in the US. That hole has been plugged so we're no longer paying for foreign freedom-hating organizations.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  42. nice to see by Susceptor · · Score: 1

    nice to see the government doing the music industries dirty work. the pople who got busted are probably normal people, i doubt that a big time file downloader would allow all of his files to be exposed to edonkey or any other service which might make him/her a victim of just such an action. so yet again, you will end up getting a grandma going to jail screaming "what has my nice niece done!" Oh well.

    --
    Fool me once...shame on you, fool me twice...won't be fooled again (our president)
  43. Okay all you Libertarians, listen up. by Anonymous Coward · · Score: 0

    So this is what happens when you buy this rhetoric that the conservatives represent laize faire politics. That's bullshit. Like the Bush administration, Merkle represents big money and this news clearly demonstrates that fucking over the public in a shakedown for big business is clearly not an issue for these conservative pricks.
            So, let's not hear about how the left is where the problems are coming from. Sure, in the U.S. Diane Feinstein and a few others have sold out the public's interests in these matters but that doesn't mean the Republicans represent an alternative. If you're a California voter, I suggest you write to Feinstein and tell her you don't appreciate her selling out her constituents for a few bucks on such an important issue. But voting conservative is not the answer.
          Merkle has shown her hand and it is up to the German voters to slap that hand by voting her out of office.

    If you're a California voter, start setting things straight right now. The Democrats cannot be a valid alternative to the Republicans if they not only support but seek to tighten the absurdly outdated copyright regime in place in the US today.

    The following two California politicians drafted the PERFORM Act among other efforts to tighten the copyright noose.

    Blurb about the PERFORM Act.
    http://www.rwonline.com/dailynews/one.php?id=9011

    But beyond the PERFORM Act, contact these people and tell them directly that non commercial sharing of copyrighted material is NOT theft. Tell them their job is to leave the citizen's private Internet communications alone and that their job is to support the private non-commercial communication rights of their voters not to win favors from industry groups. Let them know that the alternative is to lose in the next election. Speak up!

    Senator Dieane Feinstein
    202-224-3841
    202-228-3954
    http://feinstein.senate.gov/email.html

    Representative Howard L. Berman (D - 28)
      202-225-4695
      202-225-3196
      http://www.house.gov/berman/contact/

    And yeah, I'm posting anonymously. But that's the whole point here. I should be able to post anonymously and all of our Internet communication should be anonymous and private. Let's make it so.

    1. Re:Okay all you Libertarians, listen up. by Jafafa+Hots · · Score: 1

      I hate feinstein's position, but you have to understand that since hollywood is in her state, as are many music labels, as far as she is concerned, she IS representing her constituency.

      --
      This space available.
    2. Re:Okay all you Libertarians, listen up. by Anonymous Coward · · Score: 0

      Die Linke uber alles!

  44. perversion of copyright law by m874t232 · · Score: 5, Insightful

    Copying somebody else's work against their wishes is also bad.

    Copying somebody else's work against their wishes is NOT bad. In fact, the purpose of copyright law is exactly to make this happen.

    Copyright law was a deal between the public and content producers that gave content producers the right to limit distribution for a limited time, in exchange for the requirement that their works fall into the public domain (i.e., can be copied against their wishes) after that period. The goal was to balance an economic incentive for content producers against the public's right to copy.

    What has happened with copyright law is a perversion: content producers effectively have gotten copyright in perpetuity, through numerous technological and legal tricks. And, worse yet, people like you actually wrongly believe that people have some sort of basic right to control information after they have made it public.

    If you don't want your ideas to be disseminated, keep them in your head; you have a right to do that, that works, and you need no goons to enforce it. People like you want the adoration and profit that comes along with sharing your ideas with others; if you want that, you should lose your ability to control your ideas after a short while.

    1. Re:perversion of copyright law by Anonymous Coward · · Score: 0

      May I copy that comment?

    2. Re:perversion of copyright law by m874t232 · · Score: 1

      May I copy that comment?

      You may. As far as I'm concerned, you may also copy all of the other stuff that I have published. Your ethical obligation is to attribute it correctly. If it was published through a publisher, then the publisher may, unfortunately, try to restrict your ability to copy what I have written, something I disapprove of but can't do anything about.

    3. Re:perversion of copyright law by Ed_Pinkley · · Score: 1
      Copying somebody else's work against their wishes is also bad.
      Copying somebody else's work against their wishes is NOT bad. Copyright law was a deal between the public and content producers that gave content producers the right to limit distribution for a limited time
      Dosn't this imply, that Copying somebody else's work against their wishes [during the period of time they have the right to limit distribution] is bad?
      --
      "Long time listener, first time caller."
    4. Re:perversion of copyright law by Anonymous Coward · · Score: 0
      Dosn't this imply, that Copying somebody else's work against their wishes [during the period of time they have the right to limit distribution] is bad?

      Not incontrovertibly, as the original poster seems to believe. What it implies is that it might be considered "bad", but in light of how the flow of works into the public domain has effectively been cut off, there is a strong argument that it is the law that is bad.

    5. Re:perversion of copyright law by Anonymous Coward · · Score: 0
      Copyright law was a deal between the public and content producers that gave content producers the right to limit distribution for a limited time, in exchange for the requirement that their works fall into the public domain (i.e., can be copied against their wishes) after that period. The goal was to balance an economic incentive for content producers against the public's right to copy. What has happened with copyright law is a perversion: content producers effectively have gotten copyright in perpetuity, through numerous technological and legal tricks.

      The infinite copyright extensions disgust me, but look at what is being "shared" by people online. Most of it is fairly recent, certainly well within any of the original copyright limits. Which somewhat fucks with your argument.

    6. Re:perversion of copyright law by ejp1082 · · Score: 1

      Left out of the parent's argument is any mention of "fair use", which acknowledges that the public has some rights to copy the content in certain contexts regardless of the monopoly holder's wishes, even during the period that the content is covered by copyright.

      So while there's little doubt that many of these works are not public domain, given even the original copyright terms, the activity of file sharing could still fall under fair use, much in the same way home recording, time shifting and format shifting are fair use rights.

      Whether or not file sharing is fair use is, to the best of my knowledge, an as of yet unsettled legal question. I don't necessarily believe it is, but there's arguments to be made both ways and I think it's far less black and white than the RIAA likes to pretend.

    7. Re:perversion of copyright law by Yartrebo · · Score: 1

      I certainly didn't personally agree to such a deal. If it is my right to do what I want with my data, then why can it be taken away from me, without my permission or approval no less. (and I would definitely prefer not to have copyright, despite having written quite a few computer programs, some in actual widespread consumer use - copyright costs me a lot of freedoms and money, while getting me nothing than a few clauses in the GPL that public domain works don't have attached to them)

    8. Re:perversion of copyright law by shark72 · · Score: 1

      "Whether or not file sharing is fair use is, to the best of my knowledge, an as of yet unsettled legal question. I don't necessarily believe it is, but there's arguments to be made both ways and I think it's far less black and white than the RIAA likes to pretend."

      To be fair to you, the "Making copies of my CDs for my friends is fair use" meme is a popular one -- but it's wrong, at least in the US (this particular case is in Germany). Many people start with this incorrect foundation and make the next leap to "file sharing is just like sharing with 10,000 of my closest friends" -- which, of course, is also incorrect.

      A similar argument is "fair use allows copying in some instances for educational purposes. By putting this CD in my share directory, I am 'educating' others about how great this music is." Or, "fair use allows copying in some instances for scholarship and research. I am allowing others to research how great this music is." The trouble is, while these arguments may sound good to many Slashdotters, they're not aware of a legal term called the "laugh test" -- if you wouldn't buy it yourself, the courts probably won't buy it, either.

      There are indeed lots of gray areas where new technology clashes with existing laws, but in the USA, this ain't one of them. If you distribute a copyrighted CD to others without the permission of the copyright holder in a manner that you wouldn't reasonably expect to fall under fair use doctrine -- whether you're giving ten copies to your friends, selling 100 copies out of a suitcase in Times Square, or allowing 10,000 people to download it from your hard drive, "fair use" is going to be a tough position to argue. Not even the EFF is going there.

      --
      Sitting in my day care, the art is decopainted.
  45. No way. Not in Germany by ehiris · · Score: 0, Troll

    That would never happen in Germany. People never ever got mass-arrested in Germany. Never.

    Heil

  46. not that simple by m874t232 · · Score: 3, Insightful

    I think the RIAA is stealing from us as much as we from them but unfortunately their stealing is legal, and in any case two wrongs don't make a right.

    Freeing slaves might be illegal, but it's still the right thing to do. I'm not saying that this situation is analogous, but it illustrates that taking illegal action in response to bad laws can be justifiable.

    What widespread sharing really shows you is that the law may be out of step with what society wants, and that's a problem in a democracy.

    In any case, I think civil disobedience in this case might consist of sharing something illegal that is obviously ridiculous, like an original recording of Glass's several minutes of silence.

    The other way to make this sillines stop is to undermine the music industry's business model, to work on the political front, to set legal precedents, and to make recording companies and their artists simply look uncool (need I say Michael Jackson).

    1. Re:not that simple by professionalfurryele · · Score: 1

      "The other way to make this sillines stop is to undermine the music industry's business model, to work on the political front, to set legal precedents"

      That would be fine. Expect our political system and legal system are now safely bought and paid for. The only way that will change is if ordinary citizens start shooting politicians until they change our system of government. I don't see that happening any time soon because our system has the illusion of freedom.

  47. Re:I'm not surprised about this happening in Germa by Zatic · · Score: 5, Informative

    Germany's copyright laws aren't that strict actually. It is still perfectly legal to copy a CD or MP3s from your neighbor or even a DVD you rented for private use. And you can make copys of these copys and share them with your family and friends and it's still legal. Of course the industry is constantly trying to change that. They managed to get an insanly stupid copyright act introduced, which makes it illegal to circumvent "effective technical copyright restriction". To this day, their is no clarifying judgment on what the heck is an effective restriction and what is not. After all, you could argue that as soon as the restriction is cracked, is isn't effective anymore.

  48. Unauthorised 'Eina Kleina Nachtmusik' by Anonymous Coward · · Score: 0

    There's nothing worse than the illegal sharing of German music - except may be bagpipes

    1. Re:Unauthorised 'Eina Kleina Nachtmusik' by pafrusurewa · · Score: 1

      "Eine kleine Nachtmusik." Written in Vienna by Mozart, an Austrian. What does it have to do with Germany?

    2. Re:Unauthorised 'Eina Kleina Nachtmusik' by Anonymous Coward · · Score: 0

      Hitler was an Austrian, too. And Nazi Germany annexed Austria. And Austrian were happy with that.

      Ah, sorry. Godwin.

      Well. Chewbacca comes from Kashyyyk. Feel better now?

  49. I resent that! by mano_k · · Score: 1

    I am German (says my passport) and I have never ever owned, shared or stolen any music by David Hasselhoff!

    Also I don't know anybody here who listens to him, or even knows him. I don't know him. I only had eyes for Pamela and I didn't own a radio when his songs were played several times a day.

    Last defence: I got a Luca Turilli CD playing in the background right now!

    1. Re:I resent that! by Anonymous Coward · · Score: 0

      The German doth protest too much, methinks.

    2. Re:I resent that! by 6ULDV8 · · Score: 1

      Hmmm... isn't denial a subtle confirmation of addiction?

      --
      Pull my finger for my public key.
  50. NO ! by Anonymous Coward · · Score: 0

    Perhaps you have misunderstood the Google-translation, but the article only states that the police (!) had access to the server.
    It is completely plausible that they got this access at the ISP backed up by court decision.
    It states nowhere that the server was provided by the music industry.
    The more interesting thing in the article is that the state attourney (!) states that running an edonkey server is legal in Germany.

  51. Boycott by Yvanhoe · · Score: 1

    ...that means don't download, don't buy.

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  52. In other news... by rapiddescent · · Score: 4, Informative
    EMI Group (a big record company) posted their results yesterday

    Some highlights:

    • Profit before tax increased 12.9% in one year
    • Group digital sales increased to £112.1m from £46.9m. Momentum remained strong during the fourth quarter, with group digital sales more than doubling to £41.2m
    • Group operating margin increased by almost a full percentage point to 12.0% from 11.2%. This improvement was driven by higher revenues, a greater proportion of revenues from digital, and the delivery of previously announced cost savings
    • Underlying diluted earnings per share increased by 19.8% to 15.7p from 13.1p

    So it doesn't exactly look like times are tough in the record industry in Europe at the moment. If the european authorities are worrying about margin erosion for european industry then there are plenty of other targets way ahead in the queue.

    1. Re:In other news... by Anonymous Coward · · Score: 0

      death to record labels... death to music from the marketing division

      long live the real artists... long live the real art of making good music.

    2. Re:In other news... by Jesus_666 · · Score: 1

      Yes, but if it weren't for the evil pirate thieves they would have made £200b fom digital sales alone. Profit would increase by 200% per quarter, every single band (including indie bands) would be extremely creative and innovative and have a sound so wonderful that it'd make the world a better place all by itself, there would be no global warming and all terrorists would become pacifists. At least that's what EMI told me.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  53. Wireless AP by osolemirnix · · Score: 1

    Yeah, but would they admit not finding evidence or would the AP owner have to prove it?
    In any case, you can be sure they'd seize all his IT equipment and burned CDs/DVDs and it would be gone for months while the investigation is in process...

    I can see that being a big issue with fon.com for example

    --

    Idempotent operation: Like MS software, wether you run it once or often, that doesn't make it any better.
    1. Re:Wireless AP by Technician · · Score: 1

      Yeah, but would they admit not finding evidence or would the AP owner have to prove it?

      When they do a raid, they have to prove what files you were sharing. If they aren't there, you would have a good shot when pointing out the wireless. I have no filesharing application installed. I have none of the songs you claimed I was sharing. I have some songs, but they are from my own ripped CD's. Here are the originals. They were not shared on e-donkey.

      --
      The truth shall set you free!
  54. Whoa, slow down, cowboy! by pedestrian+crossing · · Score: 3, Insightful

    "File sharing is no different than what many people did in the 80's when they made tapes of music and shared it."

    I beg to differ here. Making a copy of a tape or record and giving it to a friend is "sharing". Making 10,000 copies and giving them to 10,000 friends [sic] is "publishing".

    I guess you don't understand how P2P really works. Nobody is giving out 10,000 copies of a song. Typically, they are "giving out" one or maybe two complete copies of a file.

    Also, the file is typically not a "perfect copy" of the original, it is downsampled in some way.

    I'm not necessarily advocating either side of this argument, but please, keep to the facts.

    --
    A house divided against itself cannot stand.
    1. Re:Whoa, slow down, cowboy! by octopus72 · · Score: 1

      OK, giving a song to a friend isn't something that is going to upset RIAA. Putting it on internet and allowing, in the end, 10000+ people to get it for free is certainly gong to upset them. I understand why. They count that at least some of those people would've bought it if it weren't obtainable through P2P. It is not surprising, their only goal is to keep shareholders' huge bank accounts growing.

    2. Re:Whoa, slow down, cowboy! by LunaticTippy · · Score: 1
      I think that 100,000,000+ people made tapes of popular songs back in the 80s.

      The difference is now, there is an easy way to identify and sue them.

      --
      Man, you really need that seminar!
    3. Re:Whoa, slow down, cowboy! by mdwh2 · · Score: 1

      in the end

      What does in the end mean? You haven't responded to his point - namely that a person is not letting 10,000 people download a file, as the earlier poster claimed. Yes, maybe 10,000 people overall may copy a file from somewhere or another, but then I'm sure 10,000 people were copying tapes from people.

    4. Re:Whoa, slow down, cowboy! by kimvette · · Score: 1

      *hangs head in shame*

      I admit I did. Before I got into psychadelic/progressive rock I was really, really into '80s pop. I have an excuse though - I was a preteen. Okay, that's not much of an excuse, I admit, I fell victim to rampant consumerism thanks to MTV. :D

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  55. If in a country not yet raided: stay under 500! by ArsenneLupin · · Score: 2, Insightful
    Here is a piece of advice if you live in an European country not yet raided:

    Check the size of your shared folder in edonkey, amule or whatever.

    If you have more than 500 shared items you are at risk. Unshare (or outright delete, if you're paranoid...) any items over 500, and you should be (relatively) safe, unless they already have your IP.

    Last week was Romania, this week was Germany, and next week may be another European country. Play it safe, and stay under 500; in Germany the 130 raided had more than 500 items to share.

    (I checked my amule this morning: had 1800+ items. I quickly unshared everything older than 100 days, and now I'm down to 96).

    1. Re:If in a country not yet raided: stay under 500! by Technician · · Score: 1

      (I checked my amule this morning: had 1800+ items. I quickly unshared everything older than 100 days, and now I'm down to 96).

      You may have already been detected. Best bet is to burn everything to CD and toss them in a suitcase and put it in your storage unit. Then delete all the files and the filesharing program. Then if you get raided, let them know you heard of the campaign and stopped and deleted everyting. The raid will show everything was deleted.

      --
      The truth shall set you free!
    2. Re:If in a country not yet raided: stay under 500! by Anonymous Coward · · Score: 0


      Oxygen forever.

    3. Re:If in a country not yet raided: stay under 500! by Stellian · · Score: 1
      Unshare (or outright delete, if you're paranoid...) any items over 500, and you should be (relatively) safe, unless they already have your IP.

      500 mp3s ? 2GB? That's nothing. I have 10s of GB, and many users have TBs of data.
      If you are concerned about a raid, I suggest you do what I do:
      - if you run only Windows XP (2000 has security problems on NTFS),
      - if you have a large partition formatted with NTFS
      - and if you are the only user interested in the mp3 collection,
      then you should encrypt your download/shared folder using NTFS encryption.
      Create a new folder with an benign name, set the encryption check box, and move all your collection in it, and set your p2p app to download in it (or a sub-folder). Optionally, use a disk shredder to delete all traces of the unencrypted files. Do not encrypt a non-empty folder, this can be insecure.
      After all this, your collection is as safe as your login password. Use a good password and you are 100% RIAA-proof. The encryption is fast and transparent to the user - no need to type the password every time you access the data.
      A forensic examiner can of course reset the password of your account, but then they loose any chance to decrypt your data. Also, they cannot force you to give them the password (unless you live in UK :). If asked, simply claim that the folder contains very private love letters...

      You could use the same technique to hide clandestine applications by installing them in the encrypted subfolders, but there would be lots of traces in registry identifying the application and it's install location.

      Happy sharing !
    4. Re:If in a country not yet raided: stay under 500! by Braino420 · · Score: 1

      500 is just the threshold they use, it doesn't make you anymore legal if you have 500 shared items, I would sure as hell prepare for my house to be raided. Which means, either get that shit out of the house or get it setup to be able to press a button and the entire contents of your HD are thoroughly shredded. You definately don't want to get your ass reamed by the RIAA.

      --
      They call me the wookie man, I guess that's what I am
    5. Re:If in a country not yet raided: stay under 500! by Kjella · · Score: 1

      [Lots of good security advice]

      ...if this is a criminal investigation, and they are looking for "beyond a reasonable doubt". I don't know the laws of Germany but I know that here and in the US I much more fear the civil lawsuit - not only do they make a claim using ridiculous figures, but the standard is "preponderance of evidence". Their evidence will be weak and you can claim anything from open wireless network to trojans and so on, but you'll still need to work very hard to convince them that's more probable. I think a petty criminal conviction for copyright infringement I could get over - having 300 kabillion dollars in debt, that you can't declare bankrupcy out of is a sentence for life.

      --
      Live today, because you never know what tomorrow brings
  56. Geo-location of IP addresses by jginspace · · Score: 1
    I really have no idea but maybe there's a public DB of ip blocks sorted by their country of ownership somewhere...

    This resource, http://toolz.toolz4schoolz.com/geoip_aggregator.t4 s (I wrote it, please be gentle with it), allows you to compare results so you'll get a good overview of the main free and paid-for ones out there.

    The 'free' ones are HostIP, Maxmind, and the IP2Country list. It's easy to download these and use them yourself (actually HostIP is about 300 megs so I haven't installed that at the above url). Then it compares the better services from Geobytes, IP2Location ... and also ShowMyIP and DNSStuff ... using iframes.

  57. Great by t_allardyce · · Score: 3, Insightful

    Wow that's really great police work, you gotta put it to those German police with their efficiency - Apparently next week they're planning to do a big raid of about 10 major street gangs and they're planing to take 5000 guns off the streets! Oh wait whats that? they're not planning a raid to take guns off the streets? they're going to instead concentrate solely on copyright infringement? oh, well, im sure that's pretty important too, I mean a few people getting shot doesn't really hurt the economy!

    --
    This comment does not represent the views or opinions of the user.
    1. Re:Great by headLITE · · Score: 1

      May I point you to a tiny detail you may have missed...

      Number of firearm related injuries in the USA in 2000: 75,685 (source: FBI)
      Number of firearm related injuries in Germany in 2000: 2,040 (source: BKA)

      Population of the United States: 298,444,215 (source: CIA World Factbook)
      Population of Germany: 82,422,299 (source: CIA World Factbook)

      Therefore, number of firearm injuries in Germany scaled up to population of USA: 7385, less than 10% of the real US number.

      I doubt there even *are* 10 major street gangs in Germany.

    2. Re:Great by t_allardyce · · Score: 1

      That's not the point, what I am saying is that police forces are starting to pursue copyright enforcement disproportionately to violent crime, that could be gun related or other murders, rapes, assaults etc. When victims are complaining that the police wont take their cases seriously enough (especially for 'smaller' crimes like mugging) you have to wonder where all that police time is going. Sure I don't expect them to ignore copyright infringement until every murder is solved but there do need to be more checks and balances to make sure certain crimes are not being pursued with more priority because they have lobby groups behind them. Don't forget that the 2,000 figure counts fire-arm injuries only, just carrying a gun around illegally in public as a gang is very serious even if that gang doesn't get into a fight every day or the retards miss their target and don't get a mention in the statistics year-book. Gangs with guns need the kind of blitzing and harassment that copyright infringers are getting,

      --
      This comment does not represent the views or opinions of the user.
    3. Re:Great by mxs · · Score: 1

      There are not many guns TO take off the street, as it's not ridiculously easy to get one in Germany. You can't buy bullets at the next Wal-mart, either.

      That having been said, there are problems worth their time, at least more than this crap.

    4. Re:Great by t_allardyce · · Score: 1

      If Germany is anything like the UK (which also has strict gun laws) I wouldn't believe that. In the UK 20% of under 18 year olds claim that they can have access to gun within 15 minutes as sales simply go underground, not to mention the big market here for replica guns (which are the same as real guns when one is pointing at you). In Manchester gun crime is absolutely appalling and in the hands of kids as young as 12!

      --
      This comment does not represent the views or opinions of the user.
  58. Re:I'm not surprised about this happening in Germa by houghi · · Score: 1

    OTOH it is illegal to point to libdvdcss.

    --
    Don't fight for your country, if your country does not fight for you.
  59. most excellent!!! by Anonymous Coward · · Score: 0

    now consider this situation:
    you have a pple tree and sell me an apple. you pay income tax.
    i eat the apple and plant the seed. a few years later i sell you
    an apple and i have to pay income tax. etc.
    the goverment is taxing you to stay alive (eat) and to produce
    oxygen (growing plant) ... wicked!

    the goverment taxes each dollar more then once, many more times ...

  60. Re:I'm not surprised about this happening in Germa by Zatic · · Score: 2, Interesting

    As I said, that is not clear. If a judge finds CSS to be an effective copy protection, then it would be indeed illegal to distribute tools supporting this circumvention. It would even be a criminal offense (up to 1 year in prison).

    Because of this uncertainty many linux distributions do not include libdvdcss in Germany. But it is still possible and legal to install it right after installation using an online update site. Novell etc just don't want to get their linux packages seized in stores one day.

  61. Yoda by HaydnH · · Score: 1

    This is from the article, read it in a yoda voice: "Today a very important day for the music industry is"... although he has great use of the force, he doesn't make a very good editor!

    --
    Time is an illusion. Lunchtime doubly so. - Douglas Adams
    1. Re:Yoda by Dogmeat83 · · Score: 1

      "If there no consequences are, do not stop the people not with stealing music"

      What editor? This quote looks like it got copy pasted from a free German -> Yoda-speak translator

  62. Re:I'm not surprised about this happening in Germa by Lars+T. · · Score: 1

    Where did you get that idea? Care to back it up?

    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  63. But in Nazi Germany... by TrueXtremeIcon · · Score: 2, Funny

    In America People Share Files
    In Soviet Russia Files Share You
    But in Nazi Germany...wait...nevermind.

    --
    T-X-I
  64. Re:I'm not surprised about this happening in Germa by stinerman · · Score: 1

    I don't think its a stretch to say that if there were no such things as libraries, anyone who advocated for them would be immediately labeled as a communist pirate who wanted legal sanction to use the creative works of others for free.

  65. If they come knocking by clickclickdrone · · Score: 1

    And hassle me about my downloads, I'll show them
    1000+ LPs
    800 CDs
    500 DVDs
    200 Laserdiscs
    5 tapes
    And say 'Are you sure it's in your interests to arrest me and stop me buying more stuff?'

    --
    I want a list of atrocities done in your name - Recoil
  66. Nosferatu by Anonymous Coward · · Score: 0

    I'm surprised nobody has mentioned Nosferatu?

    Thanks to pirates, we still have the movie.

    Stoker's wife, filed a copyright suit, after much litigation she won.
    Beeatch burned the film.

    Thanks to German pirates today you can view the film.

    Danka

  67. Re:Here come dem Nazis !!! by Anonymous Coward · · Score: 1, Informative

    Die!

    It's die!

  68. You have free internet access? I don't.... by cttforsale · · Score: 1

    I guess that makes it alright...

  69. Re:I'm not surprised about this happening in Germa by Lord+Kano · · Score: 1

    That milestone saw Germany lose Asprin and all sorts of intellectual property,

    You mean synthetic Aspirin? Aspirin was extracted from Willow trees, how in the fuck can that be IP?

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  70. Verdammt! by Rob+T+Firefly · · Score: 3, Funny

    No wonder the sources for all those David Hasselhoff albums I've been trying to get suddenly vanished.

  71. Better yet... by Anonymous Coward · · Score: 0

    Better yet, file a false police report indicating that you were burglarized. Report that your collection of 1,000 CDs and 500 DVDs were stolen. Now you have it on file that you owned these, and can claim your backups are just that -- backups.

    1. Re:Better yet... by ArsenneLupin · · Score: 1
      Better yet, file a false police report indicating that you were burglarized.

      Hmmm, filing a false police report is a much more serious offense than trading music (or at least, I'd hope it would be... but with the mighty lobbying power of the goons, you never know...). And given the low relatively probability that our country will be raided (too small => too little payoff for the **AA), it would be foolish to manoeuvre into certain trouble just to avoid some very hypothetical problem.

      Actually, I consider the probability of a search low enough that I'm even hesitating to spend the effort to burn everything on a DVD and clean my computer.

  72. P2P networks are obsolete. by Spy+der+Mann · · Score: 4, Informative

    The research i've been doing in P2P networks (due to my involvement in the okopipi project) has shocked me. In file sharing, we're living in the STONE AGE. Yes, even with bittorrent (which depends on centralized servers, and there's practically no privacy. And anonymous bittorrent like mutorrent is closed source, who knows if they got a backdoor in there).

    EDonkey uses MD4 for hashing, it depends on central servers, and has no anonymity at all. And without mentioning queue # 4892 for a popular file.

    Unfortunately for filesharers, file sharing networks based on modern P2P architectures is very scarse. The supernodes / ultrapeers approach is obsolete, easy to disrupt both denial of service and eavesdropping attacks.

    The future of P2P is Overlay Networks.

    From an architectural point of view, I would recommend the KAD p2p network, which bases its architecture on the relatively-new kadelmia network (See Technical paper on Kadlemia, 2002).

    Even then, Kadelmia could be improved because it's based on a Pastry network topology - compared to other topologies like De Bruijn Graphs, proposed by a recent paper in 2003.

    And more research is being done dealing with load balancing, anonymity, trust, reputation, etc.

    As I said, current peer to peer networks are in the stone age. Someone needs to design a file sharing network based on the latest research, and publish it.

    1. Re:P2P networks are obsolete. by Anonymous Coward · · Score: 0

      God, you're stupid. Emule is Kademlia based for a year now. You can't even spell Kademlia.

    2. Re:P2P networks are obsolete. by consonant · · Score: 1

      This reply might be a little late in coming, but dude, I seriously salute you for having 7 links to distinct technologies, and not a single one to Wikipedia :-)

  73. The really scary thing is... by Anonymous Coward · · Score: 0

    that the RIAA is taking the most extreme action against copyright-infringers that the law allows a single legal entity to take: the lawsuit.
     
    I would be that, if it were legal, they would kill them on sight.
     
    The DMCA is evidence that RIAA is tampering with the one thing that protects our rights (including our right to life), and believe me, it's not ethics.
     
    Don't you just love corporate America and the concept of the free market?

  74. out of scale by AlgorithMan · · Score: 1

    people use some unpaid copies of multimedia products and go to prison and have to pay a high percentages of their income as compensation
    sony writes a rootkit that deliberately destroies hundredthousands of pcs and has to pay an extremely small percentage of their income and noone goes to prison...

    anyone else has the feeling that this is out of scale?

    --
    The MAFIAA is a bunch of mindless jerks who will be the first up against the wall when the revolution comes
    1. Re:out of scale by Anonymous Coward · · Score: 0

      >anyone else has the feeling that this is out of scale?

      Yes, but does it make a difference?

    2. Re:out of scale by xmorg · · Score: 1

      You cant but a corporation in Jail

      Lets say the police raid the exects home. The exec says "hey I didnt know anything about the rootkit... I told them I wanted a drm solution"

      If you raid the programmers... "hey so and so told me too...."

  75. Re:I'm not surprised about this happening in Germa by KlomDark · · Score: 1

    Interesting. I'd never heard of Uwe Boll, bizaare stuff

    http://en.wikipedia.org/wiki/Uwe_Boll

  76. Ehehe by nnn0 · · Score: 0

    This is a good thing guys - when it backfires, it will just end in everyone giving a rats ass about the law.
    Take that you controlfreaking assholes !

  77. Re:I'm not surprised about this happening in Germa by i41 · · Score: 1

    The allies seized and resold the *trademark* Aspirin after WWI.

  78. It's religious persecution like this by WillAffleckUW · · Score: 1

    that caused the Quakers and other groups to move to America in the first place.

    Oh, sure, you say, just because 130 homes have been raided in Germany under the allegation of filesharing, that's not religious persecution.

    But, what if your religious beliefs involved the principle that no man can own what we now call Intellectual Property, as the vast majority of religions believed until the mid-20th century?

    The very concept that one can "own" an idea, from many viewpoints, can be seen as offensive to God (or Gods, if you are of that nature).

    It's time to realize that Bill Gates was wrong when he sent that letter to the open source community that was freely sharing source code for computer programs - he was the lone heretic at the time, and most people believed that code, like speech, should be free.

    Most of even the people on slashdot don't grok that you literally do not own, in a legal definition, your very DNA sequence, or have any rights to it, in most states in the USA or other countries around the world. They can pick up some cells from you, and make a wonder drug, and you have literally no say in the matter.

    The same goes for file sharing. In the beginning of music recording, the only time an artist got paid was when he actually played, and recording tapes were shared to wide audiences, or played on radios. Then we decided to impose limited music fees for a limited (7 years) time.

    Now that period is 70 years after you die, but you can extend it even further by just "re-recording" it while you still hold the license, and claiming a new file date, as Disney and others do periodically.

    File-sharing is just the front lines of this fight - the fight to truly make us free - and our silence becomes our complicity. Sure, you think, I might one day go on American Idol and become a rich superstar, so I'll be quiet. But, the cold hard truth is - you're not going to. Very very few people ever will. Those who can actually become rich from this are almost always the middlemen, and virtually all artists never make as much as they can from a normal day job.

    --
    -- Tigger warning: This post may contain tiggers! --
  79. Re:Great, or this instead of al-Qaeda by WillAffleckUW · · Score: 1

    Apparently next week they're planning to do a big raid of about 10 major street gangs and they're planing to take 5000 guns off the streets! Oh wait whats that? they're not planning a raid to take guns off the streets? they're going to instead concentrate solely on copyright infringement?

    One should point out that, instead of actually arresting and jailing active al-Qaeda cells, which find Germany to be a safe harbor, they're doing this instead.

    My brother went to the University of Hamburg, and got an LLD at UBC, and he always found this misallocation of resources to be very puzzling indeed in terms of what they actually investigate in Germany.

    --
    -- Tigger warning: This post may contain tiggers! --
  80. Is this why Bearshare still works? by Anonymous Coward · · Score: 0

    It's been a few weeks since news came out regarding Bearshare's settlement with the RIAA, which involved Bearshare shutting down or possibly becoming a pay P2P.. Bearshare had a lot of German, eastern euro & Italian dubs and porn, along with loads of music of course.

    Despite the supposed shutting down, I chcked this morning and it's *still* possible to download just as many files as before.

    So is this German incident a clue as to why Bearshare still operates?

  81. Is there a P2P network that encrypts messages? by master_p · · Score: 1

    If there was a P2P network that it could encrypt its messages, the police would have no chance to know what is being shared.

    1. Re:Is there a P2P network that encrypts messages? by Anonymous Coward · · Score: 0

      yes there is an encrypted p2p, freenet, google for it!

  82. And don't forget... by Anonymous Coward · · Score: 0

    How much of those profits went to line the pockets of some nice politician
    whose main preoccupation is how much he can stuff his face ?

    The tears of the crocodiles...

  83. Whew! by superguido7 · · Score: 1

    Thank God. Now I can go to Germany without worrying about all those file-sharers. Way to make the streets safe, guys.

    1. Re:Whew! by Jesus_666 · · Score: 1

      Yeah, we're really dedicated to making the streets safer for the upcoming world championship (and because I'm German I probably don't need to tell you which world championship I'm talking about).

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  84. The authors need money, too. by Anonymous Coward · · Score: 0

    It's pretty simple. The authors need money, too. If you want to SELL your work to other people for money but other people make many copies and give them to many other people for free, then you will not get a lot of money and you will not be happy, either.

    If you say, "I am happy to give my work to all other people for free." then I guess you will feel fine, but you can't force everybody to think this way.

    Regardless of what all laws say, I think it is simple that "whatever you don't want other people to do to you, don't do to other people." That will make things simple enough!

    I'm not saying making a huge profit is justified, but I'm also sure that taking whatever not made by you without the maker's permission is not justified.

  85. OK, as long as they weren't looking for terrorists by TallDave · · Score: 1

    Because then that would be a violation of their civil rights.

  86. Re:OK, as long as they weren't looking for terrori by TallDave · · Score: 1

    Plus, it would mean the terrorists have won.

  87. How many shared files are >= 17 years old? by mosel-saar-ruwer · · Score: 1

    Copyright law was a deal between the public and content producers that gave content producers the right to limit distribution for a limited time, in exchange for the requirement that their works fall into the public domain (i.e., can be copied against their wishes) after that period.

    Fair enough: Classically, intellectual property was protected for about 17 years.

    Now here are twenty songs from the Billboard Top 100 for 1989:

    # 1 Another Day In Paradise - Phil Collins
    # 2 Miss You Much - Janet Jackson
    # 3 Straight Up - Paula Abdul
    # 4 Right Here Waiting - Richard Marx
    # 5 Lost In Your Eyes - Debbie Gibson
    # 6 Like A Prayer - Madonna
    # 7 We Didn't Start The Fire - Billy Joel
    # 8 Two Hearts - Phil Collins
    # 9 When I see You Smile - Bad Enough
    # 10 Blame It On The Rain - Milli Vanilli
    # 11 Forever Your Girl - Paula Abdul
    # 12 Girl I'm Gonna Miss You - Milli Vanilli
    # 13 Toy Soldiers - Martika
    # 14 Cold Hearted - Paula Abdul
    # 15 Don't Wanna Lose You - Gloria Estefan
    # 16 Wind Beneath My Wings - Bette Midler
    # 17 My Prerogative - Bobby Brown
    # 18 She Drives Me Crazy - Fine Young Cannibals
    # 19 The Look - Roxette
    # 20 If You Don't Know Me By Now - Simply Red
    How many of those "files" are being actively "shared" 17 years later?

    For that matter, how many of those "files" are still being listened to 17 years later?

    Well, other than in elevators, maybe...

  88. Mod parent (-1, What the f...?) by Anonymous Coward · · Score: 0

    "Taking out my hunting rifle and killing the paper boy is utterly trivial too.

    Doesn't mean anyone should do it."


    Because murder is as comparably trivial as petty theft?

  89. what an amazing coincidence! by porky_pig_jr · · Score: 1

    I"ve just reading how in 1934 Hitler and his goons (like SS) invaded the headquoters of SA and shot everyone they could under the pretext of preventing the (what's become known as) "Roehm's putch". Speaking of history repeating itself. Blah...

  90. Plausible deniability by glacote02 · · Score: 1
    Actions like this will most likely not deter music fans from mass pirating.

    they will piss them off and deter them even further from buying DRM-enhanced CDs which don't play on their car's stereo.

    Bears repeating: it is easy to configure your computer such that even if all your home is raided and even if xxAA knows bit-for-bit what file they want to prove you have - they can not provide any supporting evidence. It is called plausible deniability. See fool-proof software like TrueCrypt. Or just take one big FAT32 partition, put some vacation pictures + Linux iso on it, and make a dm-crypt mapping onto the free space. Have the default, hard-disk based boot os only mount the FAT32 and have some USB key / camera / SDCard / CDrom boot OS mount the encrypted partition. Even with law which force you to reveal secret keys: here you can not prove that there is encrypted data in the first place.

    That's it, that's no rocket science, it's trivial, and there is nothing law enforcement will ever be able to do against it.

    Once again the business case for creating artificial cash-cow monopolies is being eroded by technology - and there is nothing law can do against it.

  91. Re:Great... Still not getting it ? by Anonymous Coward · · Score: 0
    Excuse me - but not EVERY country is a gang-ridden place similar to parts of Los Angeles.
    (Quick: Which one has the Kangeroos ? Austria ? Australia ?)

    The whole issue didn't make primetime news, as a matter of fact, the majority of German law enforcement is busy dealing with more serious issues. The closest equivalent to gangs are teens with spray cans of paint - or neo nazis attacking foreigners, mostly unarmed.

    Exercise for the student : find a reliable account of a german drive-by shooting or gang war.

  92. Re:How many shared files are = 17 years old? by The+Spie · · Score: 1

    In point of fact, all of them are being shared except for the Milli Vanilli tracks. Consider the continued popularity of Phil Collins, Madonna, and Janet Jackson. Paula Abdul got a new lease on life thanks to American Idol, and her music is being rediscovered by kids who only know her from that. I'll lay you odds that if you fire up a Gnutella client, you'll find that every one of those songs is being shared by a couple of dozen users.

    So don't be facetious, child.

    --
    If using Linux is about choice, how come people complain when I choose to use Windows?
  93. Fast Forward the Future by DimGeo · · Score: 1

    Let's see what happens in 30 years from, when these now in power grow old and die.