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Decoy Files on P2P Sites Become Ad Vehicles

Carl Bialik from WSJ writes "Some record labels hire outside companies to plant fake files on peer-to-peer sites. Now, labels are turning these decoy files into vehicles for marketing to music pirates by inserting promotional material into the files, such as an eight-minute clip from a Jay-Z concert, the Wall Street Journal reports." From the article: "'The concept here is making the peer-to-peer networks work for us,' says Jay-Z's attorney, Michael Guido. 'While peer-to-peer users are stealing the intellectual property, they are also the active music audience,' and 'this technology allows us to market back to them.'"

46 of 200 comments (clear)

  1. Decoy Files on P2P Sites Become Income by eldavojohn · · Score: 5, Funny

    So, like a lot of things on Slashdot, I was interested in this hip new technology. I hopped on eDonkey and downloaded a bunch of Jay-Z until I found the golden ticket.

    It was great, it said I had won a free boat! So I went to the URL in the file (http://www.riaa.com/tricks/freeboat/warrantapplic ation.html) and there it was, a registration form for a free boat!

    I start filling this out, you know, understandable things like name, address, average household income, what mp3s was I downloading when I won, where they are on my hard drive, which attorney would be representing me if a court case broke out--you know, the usual.

    But once I hit submit, I got some law-talking guy spamming my e-mail address non-stop! Trying to sell me some product I'm not even interested in ... something called an "Average Out of Court Settlement." Yeah, like I'm going to pay you $22,000 for that! As if! I think they want you to pay that if you want a free boat. I'm not stupid though--I know how this scam works--they give you a free boat but after taxes and registration, it's not even close to free anymore.

    People on the internet are so stupid sometimes.

    --
    My work here is dung.
    1. Re:Decoy Files on P2P Sites Become Income by IcyNeko · · Score: 2, Funny

      I think the key thing to this whole article is that this time it's Jay-Z that's whining. Honestly, I think Jay-Z sings one step shy of "City Pound during Cat Mating Season", but that's just me. Jay-Z with the Punjabi boys was the most horrific waste of time ever made. Why hasn't anyone executed Jay-Z for being an enemy of the state? Anyway, Hooray for RIAA/Whiny-talentless-hacks's software teams for finding a way to further thin out the minefield of retarded p2p users.

    2. Re:Decoy Files on P2P Sites Become Income by shmlco · · Score: 2, Funny

      Go to: www.I-admit-to-downloading.com and register...

      --
      Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
    3. Re:Decoy Files on P2P Sites Become Income by lakeland · · Score: 4, Funny

      Seems to be slashdotted already

    4. Re:Decoy Files on P2P Sites Become Income by phagstrom · · Score: 3, Interesting

      Let's sue them for providing you with mislabeled material with the sole intend to defraud. Also entrapment and racketeering (pay us, or bad stuff will happen to you).

      Yeah, Yeah, bogus lawsuite clearly, but still better than the average riaa lawsuit.

    5. Re:Decoy Files on P2P Sites Become Income by flonker · · Score: 5, Interesting

      It seems to me that by putting the files up, they are giving permission to distribute them. Hence, no copyright infringement occurs.

    6. Re:Decoy Files on P2P Sites Become Income by ben+there... · · Score: 2, Interesting
      Let's sue them for providing you with mislabeled material with the sole intend to defraud...Yeah, bogus lawsuite clearly, but still better than the average riaa lawsuit.

      Yeah, that doesn't hold up.

      But one thing that's interesting as far as the usual RIAA/MPAA lawsuits is that these "official" decoys are legitimizing the defense that you didn't know what you were getting, and therefore didn't know you were downloading copyrighted files. If the RIAA can easily fool people with decoys, perhaps they (or anyone really) fooled the downloader with other copyrighted files.
    7. Re:Decoy Files on P2P Sites Become Income by rtyall · · Score: 2, Funny

      I'm all for these people replacing MP3 files of Jay-Z's music with other adverts, I believe that would do the world a service and be a step towards eliminating his music completely.
      But for them to be replacing good music with videos of Jay-Z, tsk, a pox on them I say.
      I guess it's all a moot topic though if you use emule, whenever I try and grab "XXX Hot horny Jenna Brianna Crystal Bukkake Cum Lesbo Splat Fest" it rarely is what I think it is (normally an iso of windows, damn and blast).

  2. The active music audience by ben+there... · · Score: 5, Interesting
    'While peer-to-peer users are stealing the intellectual property, they are also the active music audience,'

    So they admit that filesharers are the active music audience.

    They're one step away from admitting filesharers buy more music.
    1. Re:The active music audience by twostar · · Score: 4, Insightful

      but the RIAA is going to claim they buy more music because of the ads they're decoying out now.

    2. Re:The active music audience by Captain+Splendid · · Score: 5, Funny

      I know, the disconnect is ridiculous:

      "Damn kids, downloading all these music videos."
      "We can hire a company to seed decoy files."
      "I have a better idea, instead of wasting that file with garbage, we could always put some ads in it."
      "Like what?"
      "Hmmm, how about music videos of our artists!"
      "Outstanding! Here, have another line of coke..."

      --
      Linux, you magnificent bastard, I read the fucking manual!
    3. Re:The active music audience by garcia · · Score: 2, Informative

      They're one step away from admitting filesharers buy more music.

      I rarely buy any music and I'm a huge filesharer but I also don't pirate any music. I listen to music that is free to distribute. There are plenty of bands out there to listen to that are free and open about their live stuff.

      Live music not only showcases how the music *really* is (not overprocessed and mass marketed) but depending on the recording (mixed AUD/SBD and full blown AUD) gives you a sense of crowd response.

      Support those bands and not the fucking trash that the RIAA panders. Fuck illegal P2P and check out http://www.dimeadozen.org/ or http://archive.org./

    4. Re:The active music audience by miyako · · Score: 2, Insightful

      This would be trivial for the RIAA to do. They largely control what music is going to be popular at a given time anyway, since they basically control what MTV, the radio stations, etc. play- and people tend to buy things that they are conditioned to like through repeated playing.
      All the RIAA would have to do would be to put out ads for an artist, then heavily advertise that artist to the exclusion of others for a month or so, and bam, they have statistics to prove that the song or artist that was advertised experienced a statistically significant increase in sales. And thats without doing something sneaky like including a "bonus" Compact-disc-shaped-bit-of-plastic-with-some-bits- on-it-that-could-be-vaugely-interpreted-as-music-b y-some-heavily-locked-down-crappy-software-and-als o-the-disk-will-make-your-computer-explode-...-twi ce so that basically any CD anyone buys ever will add to the number of people buying that song.

      --
      Famous Last Words: "hmm...wikipedia says it's edible"
    5. Re:The active music audience by dodongo · · Score: 2, Insightful

      Perhaps I should've been more clear. I was trying to get at the fact that it is in no way advantageous to RIAA to have P2P appear to be a useful mechanism in any way, even if they could show that one song is more popular on account of their P2P ads. That's what grandparent was trying to assert, but it is simply not in RIAA's interests to have P2P be seen as anything other than a hepatitis-C infested black market.

      Whether or not it would be trivial for them to rig some fancy statistics is beyond the point -- why would they take the time and effort to do that? They're clearly not doing this to boost any song or artist's popularity; it is simply another tactic to get RIAA-controlled media onto P2P nets and people's hard drives.

    6. Re:The active music audience by bugnuts · · Score: 5, Funny

      And pretty soon, RIAA will start suing p2p indexing sites for caving and shutting down the index servers, claiming it cost RIAA advertising revenue.

    7. Re:The active music audience by The_Rook · · Score: 2, Insightful

      wow, what a concept! promote ceedee sales by giving away low fidelity versions of the same songs on p2p networks! what'll these music biz people think of next!

      --
      when religion is no longer the opiate of the masses, governments will resort to real opiates.
  3. What happens if... by LiquidCoooled · · Score: 3, Interesting

    I go onto a p2p site and download this advert for the concert but mistakenly get the whole thing?

    Will I be arrested and thrown in jail?

    --
    liqbase :: faster than paper
    1. Re:What happens if... by businessnerd · · Score: 3, Insightful

      Yes, it's a trap.

      But on a serious note, this will not work, because when someone goes on their favorite P2P, looking for a full lenght Jay-Z concert, the search results will have some options. Here we have a file that is 8min long, and another that is 1 hour long (or if there is no "length" category, they will see one is 10mb and one is 700mb) and come to the realization that "hmmm...I was searching for a full lenght concert. Most concerts are more than 8 minutes long, better go with the 1 hour file." This inevitably increases the number of sources available for the pirated file. This increases the number of people who download that particular file, cuase I always sort by number of sources to get the best download speed (and hopefully a more credible file). Those who inadvertantly get the advertisement will say "WTF? this isn't what I wanted" and delete the file from their computers, go back to their P2P app. and find a better one. They have to remember, not everyone is a moron. Now if they want to put the whole concert on the p2p site, but include maybe some advertisements in it like "Pick up Jay-Z's latest album "" now at Tower Records" and then saying that it is a free download, I think you might have something there. But if you give people a teaser when they think they are already breaking the law, but don't care, they are just going to either a) ignore it and download the pirated version, or b) watch it and say, that was great, but I'd really like to see how it ends, better find the full length version"

      --
      "It's not whether you win or lose, it's how drunk you get." -- H. J. Simpson
    2. Re:What happens if... by patrixmyth · · Score: 3, Informative

      I could be wrong, and if I am someone will point it out (along with corrections to my grammar, punctuation and font size), but downloading copyrighted material isn't a violation. The violation is sharing the material without permission. Now, I suppose the MPAA might argue that the DMCA forbids circumventing DRM by using P2P, but they would be SOL because now you can claim you were intending to download the MP3 from JZ, but hey IANAL, I just like acronyms (a lot).

      --
      "Don't you know you're going to shock the monkey?"- Peter Gabriel
  4. That's what Google said by rbf2000 · · Score: 5, Interesting

    It's about time the record labels caught on somewhat. Just because you give something out for free doesn't mean you're not going to make money off of it. I'm sure Google's business model with youtube will involve this type of thing somehow - giving content to people for free without them realizing they're watching ads.

    1. Re:That's what Google said by thrillseeker · · Score: 2, Interesting

      How the hell these imbeciles built a $35 billion dollar industry without retaining you people as consultants is beyond me.

      with bribery and underhanded business practices?

    2. Re:That's what Google said by Jherek+Carnelian · · Score: 2, Funny

      Yeah, yeah, yeah. Anyone who realizes the internet changed the market for entertainment distribution and thinks the business of entertainment distribution ought to catch up with the changes in the market is just looking for free handouts. Anyone with half a brain can see that the internet changed nothing, its just a passing fad. Thanks for your insightful contribution.

  5. Legal blunder? by SeanBaker · · Score: 5, Interesting

    Though it makes sense from a marketing perspective, this seems to compromise their position legally. If they really don't want people downloading the P2P files, then why are they spending so much money to talk directly to them OVER P2P? Could leave a defense much like the First Commenter said - just walk into court and claim you were downloading all of that illegal music because you wanted to see the ads you heard about on the Internet.

    --

    Sean R. Baker
    CDT, United States Army
    "Lead me, follow me,
    or get out of my way."
    1. Re:Legal blunder? by 99BottlesOfBeerInMyF · · Score: 2, Informative

      Ignorance of the law (or actions) doesn't absolve guilt of said action.

      This is wrong. Ignorance of the law does not absolve you of guilt, but a lot of the law takes into account the intent of a person (ignorance of the criminality of a given action). It is the difference between first degree murder and involuntary manslaughter, for example, if you're firing a gun in the woods. In the case of copyrights in the US, it is very, very hard to get any sort of damages if the person copying a work had a reasonable expectation that the copy was legal. For example, unless you send a notice to a Web site informing them that some material on it is infringing your copyright and they do not remove it in a reasonable timeframe, it will be a wonder if you get any compensation should you take them to court. You might notice this is why YouTube and Google video are not constantly paying out damages.

  6. Stealing has never happened via p2p by krell · · Score: 5, Insightful

    "Michael Guido --'While peer-to-peer users are stealing the intellectual property, they are also the active music audience"

    Wrong-o, Guido the Killer Pimp. Nothing has ever been stolen via p2p. The words you are looking for is "users are violating the copyright of...".

    --
    Where were you when the voynix came?
    1. Re:Stealing has never happened via p2p by Dausha · · Score: 2, Insightful

      "the owner still has complete access to [his] 'intellectual property', even if it's been 'stolen'."

      Actually, you're all right and yet partly wrong. Property, even intellectual property, is a right to do many things with the property--including the right to deny others access (a.k.a. right of exclusivity). While the IP owner still has access, by making an unauthorized copy you are still taking (and therefore stealing) one of his rights. More importantly, by making his IP available to others, you are denying him his valid right to exclusivity.

      If you had a wife, and I slept with her, have I violated your rights? You still have complete access to her---but not the same exclusive access you had. While wives are not property, marriage implies the same sort of exclusivity as IP law has.

      Alternatively, if I put a boot on your car (and it's in your drive way and I have no other interest in your property) so you could not drive off, have I stolen your car? You still have complete access to it, right? No, you can't drive it, which is the primary purpose of having a car. The primary purpose of having IP (for the owner) is to grant selective access (e.g. by selling copies).

      Granted, the ultimate purpose of IP is to enrich society by rewarding temporary monopolies to IP holders then making it public domain. The law being what I call "the live of Mickey Mouse" (e.g. author + 70y) is a bit excessive. If we were under the old-old standard (max 28 years), then all of the Beatles music would be public domain now, as would Elvis music and the original Star Wars release. You can thank Berne for that.

      --
      What those who want activist courts fear is rule by the people.
  7. Monetized = legit? by Potor · · Score: 4, Insightful

    If they claim this audience can be monetized, how can they consider it to be non-legit?

    1. Re:Monetized = legit? by lucabrasi999 · · Score: 4, Funny
      If they claim this audience can be monetized, how can they consider it to be non-legit?

      Actually, from what I read, they consider the audience to be TOO legit. Legally, they are too legit to quit.

  8. exclusive content - must steal to see by searchr · · Score: 3, Funny

    "But judge, the only way I could get the exclusive pre-release video of [hyper-hyped band/singer-songwriter/pretty face] was to steal random music from a P2P service. I didn't want to, I obey the law and have never stolen anything in my life. But [record label] would only hide the must-have exclusive video in fake song files. I didn't know which songs they were, or which ones were fake or real. So I had to download several thousand of them to finally find the video."

    Case dismissed.

  9. Idiot by Digital+Vomit · · Score: 3, Insightful
    Jay-Z's attorney, Michael Guido. 'While peer-to-peer users are stealing the intellectual property...

    I would have second thoughts about hiring any lawyer that can't distinguish between two entirely different sets of laws. I'd half expect Mr. Guido to charge jaywalkers with attempted murder based on his statements here.

    --
    Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
  10. Re:If p2p files came with this advertising, by h4rm0ny · · Score: 4, Insightful


    Pay. Absolutely, I prefer a pay model. Advertising supported media is an ever declining standard. It starts with a little advertising. It increases until people start turning off. Which means they clutch at more advertising to keep the revenues up. The only thing that keeps standards high ultimately, is a customer base that is willing to pay for the content.

    Besides, an advertising supported model is incompatible with owning your music, film, whatever. Afterall, no one will make money by selling you a song that eternally has the same ad for Nike's latest running shoes at the beginning of it year after year. The advertising model only works in a setup where you are fed your media content. And of course there are economic pressures against offering you too much choice. We're going to have to fight hard enough against licensing model media purchases (i.e. You've paid for six months of this song) now that the technology for it is available. Part of that fight will be rejecting models like advertising funded media which tie into it.

    --

    Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
  11. holy crap by Trailer+Trash · · Score: 2, Funny
    they are also the active music audience

    Stand back, the music industry may have just grown a brain cell.

  12. Try before you buy. by Fayn · · Score: 2, Informative

    I tend to buy a CD AFTER I download the songs to listen to.
    If I like the songs, I go out and support the artist.
    I really don't see why the RIAA is bitching about how delaying the sale of the material for a few days is crippling the music industry as a whole. p2p file sharing is the best free advertising you could possibly have, why else do startup bands release their music on the 'net?

    --
    .-.
    1. Re:Try before you buy. by Tadrith · · Score: 2, Interesting

      I think that their real fear is what I've noticed happening to me.

      I try before I buy, too. I'm just not going to pay 13.99 for a CD with only a single song I like, and good luck finding the single. However, since I began trying before buying, I noticed something... a large majority of the music I listen to does not fall under the RIAA, at least not directly. Oh, I'm sure they all own overseas labels and such, but even so, most of the music I like does not originate in the US. Some of it doesn't even fall under a label, anymore.

      That's what scares them. They've worked very hard to turn something creative and personal into a product that they can dictate the terms to. They don't want people to have varied interests that they have to target. They don't want to bother with taking a risk on an artist, or dealing with niche markets. They want people to go to the store and buy music like many people buy margarine... they just settle in on a habit of one particular brand, but in the end, most of it tastes pretty much the same.

      The internet allows people to distribute their own unique brand of music and get recognized for it. Since they can't seem to stop this, it would seem they've settled for shoving it in your face and hoping that you'll come to like it. Somehow I doubt that the advertisements for Jay-Z are going to be in false Jay-Z files, but will probably be masquerading as everything else but Jay-Z. I wouldn't even put it past them to name the files based specifically on artists who are not shackled down with a contract.

  13. torture ? by Potatomasher · · Score: 2, Funny

    "'The concept here is making the peer-to-peer networks work for us,' says Jay-Z's attorney, Michael Guido. 'While peer-to-peer users are stealing the intellectual property, they are also the active music audience,' and 'this technology allows us to market back to them.'"

    Oh .. I thought the goal of this was to get people to stop using P2P networks by forcing them to listen to 8 mins of JAY-Z.
    1 min is about all the torture I can take. I guess its back to the record store for me !

    --
    A million monkeys and this is the best sig they could come up with...
  14. Oh, the hypocrisy! by Deagol · · Score: 2
    Sure, they'll sue the services into oblivion (nevermind the users right now), but until they are out of business, they'll happily try to make income off the network. Wasn't one of the main themes of the lawsuits that these companies were supposedly making money from copyright infringement? And now big media is doing the same thing? WTF?!?

    I hope this backfires. If the media companies can make a legitimate try at making money from P2P networks, then why not the companies they're taking to court?

  15. I see what you did there by EmperorKagato · · Score: 2, Insightful

    It's about time the Industry starts playing the game.

    Although this is a very cruel approach to advertising, it gives them the advantage to not only strike back at the community yet be able to advertise for their clients / artists as well.

    Now you must stop the lawsuits and expect penalties that come from falsifying files.

    --
    ----- You know you have ego issues when you register a domain in your name.
  16. Sites? by vliktor · · Score: 2, Insightful

    Why do these people still call P2P networks 'sites'? They're goddamn networks, for crying out loud.

  17. Re:Huh? by griffjon · · Score: 2, Funny

    such as an eight-minute clip from a Jay-Z concert, the Wall Street Journal reports."

    I'm sorry, but I don't see how Wall Street Journal reports, no matter how much emotion one put into their reading, or what background music there might be, could possibly be appealing to the pirate market. ;)

    --
    Returned Peace Corps IT Volunteer
  18. Mystery box by Anonymous Coward · · Score: 5, Funny

    A boat's a boat, but the mystery box could be anything. It could even be a boat! You know how much we wanted one of those!

  19. Not quite. by Kadin2048 · · Score: 4, Insightful

    Actually, "those imbeciles" didn't build the $35 Billion industry, their predecessors did. For all intents and purposes, they inherited it. I'd wager that very few of the people who were around during the rise of the large commercial record business are still there. No, I think most of them -- if they have any brains -- have cashed in their stock options and are laughing into their martinis, headed for Bali.

    The imbeciles currently in charge of Sony/Warner/BMG were busily driving one of the biggest corporate empires ever created into the ground; it's only quite recently that they seem to have caught up to what a lot of people have been saying all along: there's a whole lot of money to be made in digital content if you play along and don't fight it every step of the way.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  20. Are you not aware? by krell · · Score: 3, Insightful

    "So, then... you don't mind if I -NOT STEAL- your SSN, driver's license info, ATM card # and PIN?"

    Ah, the old fallacy used by those who have no idea what "theft" means. You are implying that if it is not theft, then it is OK. Are you not aware that the law books and moral codes are full of many different crimes that are not theft, but are still imagine that!!! wrong? The meanings of words change, but the meaning of "theft" has not.

    "and a record is no longer a big, black, plastic disk"

    Where did you get that idea? Only records are called records. No one calls a tape, CD, or mp3 file a "record" that I have ever heard at all.

    --
    Where were you when the voynix came?
  21. Imagine the first mover advantage by chriss · · Score: 3, Interesting

    This is what everybody told the music industry for years: Don't try to fight down P2P, understand that these are your customers and give them an incentive to buy something from you instead of trying to force it down their throats. Now, after maybe six or seven years, the message got through.

    Just imagine what would have happened if one of the major labels would have done this right from the beginning and what this would have done for their market share compared to the other ones who prefer to sue kids and grannies.

  22. The record companies really are dumb by tkrotchko · · Score: 3, Insightful

    I always thought a perfect use of the p2p networks was to place low-bitrate files (128kb/s mp3's) with bumpers around announcing the artist. They could talk over them like a DJ. The point is that they get the songs out there as an advertisement to either buy the CD or download a CD quality file. They could do like they used to do and have an album version and a radio version (shorter), except that it would be a p2p version.

    Get it on social networks, p2p networks, it would be the same as listening to the radio. It would build artist loyalty, it would get the record companies out of the payola business, it would let them more easily turn a profit on marginal acts because you can narrowcast this stuff. If I can think that stuff up, imagine what somebody who really had a stake in it could do.

    But I'm convinced they're so worried about next quarter's profits that they can't build for the future. Oh well. Maybe someboy will be adventurous enough to try it.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  23. Sharing != Downloading by droopycom · · Score: 2, Insightful

    This doesnt work as a defence for sharing.

    I dont think RIAA has ever sued anybody for downloading, only sharing.

  24. Music piracy - doublethink or quantum entanglement by Shaper_pmp · · Score: 2, Insightful

    Yeah - weird isn't it? It's almost like... allowing people to download music for free... leads to more music sales!

    How strange - how "downloading free copyrighted music" doesn't lead to more music sales... but apparently "allowing people to download free copyrighted music" makes them buy more music from you.

    Of course, we all know the central issue is one of consent - clearly when people download free copyrighted music that I don't want them to, that hurts my business, even if it leads to more sales. However, when people download free copyrighted music that I've allowed them to download, even when they don't know whether or not I want them to download it, that helps my business.

    Clearly there's some magical "spooky action at a distance" going on that means when someone downloads my copyrighted music it only hurts my business if I didn't want them to download it - if I don't mind the downloading it actually helps my-

    *head explodes*

    --
    Everything in moderation, including moderation itself