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Brightnets are Owner Free File Systems

elucido writes "OFF, or the Owner-Free Filesystem is a distributed filesystem in which everything is stored in reference to randomized data blocks, as opposed to a 1:1 copy of the original data being inserted. The creators of the Owner-Free Filesystem have coined a new term to define the network: A brightnet. Nobody shares any copyrighted files, and therefore nobody needs to hide away. OFF provides a platform through which data can be stored (publicly or otherwise) in a discreet, distributed manner. The system allows for personal privacy because data (blocks) being transferred from peer to peer do not bear any relation to the original data. Incidentally, no data passing through the network can be considered copyrighted because the means by which it is represented is truly random." Their main wiki page discusses a bit of what this means and how it might work as well. I've been saying that we need this for many years now, if only because we all have 10 gigs free on our machines and if we could RAID the internet we'd need fewer hard drives.

502 comments

  1. Not a Brightnet yet by InvisblePinkUnicorn · · Score: 5, Funny

    My network is still on the fence when it comes to the existence of God.

    1. Re:Not a Brightnet yet by digitig · · Score: 3, Informative

      It seems some moderators are not aware of the way some atheists use the term "bright"...

      --
      Quidnam Latine loqui modo coepi?
    2. Re:Not a Brightnet yet by Anonymous Coward · · Score: 0

      My network is still on the fence when it comes to the existence of God.

      Are there turtles on the fenceposts?

    3. Re:Not a Brightnet yet by A+nonymous+Coward · · Score: 3, Funny

      My network is still on the fence when it comes to the existence of God.

      Are there turtles on the fenceposts?

      Underneath, yes; it's turtles all the way down.

    4. Re:Not a Brightnet yet by ampathee · · Score: 1

      Which is..?

    5. Re:Not a Brightnet yet by Anonymous Coward · · Score: 0

      not to worry, mine has the bits your missing :)

    6. Re:Not a Brightnet yet by digitig · · Score: 1
      --
      Quidnam Latine loqui modo coepi?
    7. Re:Not a Brightnet yet by Anonymous Coward · · Score: 0

      And who gave brights the monopoly on naturalism?

      Naturalistic = devoid of mysticism is an assumption. What if things which were interpreted as spiritual are part of nature, yet not possible object of scientific study because they don't obey i.e. causality? (The universe does not obey natural laws. That's a rationalization. Human-made laws do model the behavior of the universe: they are right until proven otherwise)

      If you are wondering why do I need to introduce such spiritual things, while occam's razor says I shouldn't: in my own experience chi square says "too many coincidences". And I am perfectly aware that nobody notices a coincidence which doesn't happen. Oh, I also should postulate curiously intermittent hallucinations affecting more than one person. Since YMMV I am not here to make anybody switch.

        I am also convinced that the spiritual level does not prove nor refute the divine level (being part of nature it is independent by definition), so all the atheists' theories about delusions do not apply here.

    8. Re:Not a Brightnet yet by Nillerz · · Score: 1

      wait... what?

  2. Encryption by adpsimpson · · Score: 5, Insightful

    Isn't this just a sophisticated form of encryption, using a large, randomly generated key?

    If so, does it have any real advantages over conventional encryption? It seems that the disadvantage would be the need to have both the file (large) and the random data (large) instead of, conventionally, just the file (large) and key (small).

    Also, I can't be the only one who found the summary, uh, confusing??

    --
    Is crushing a suspect's child's testicles illegal?
    John Yoo: "No, [if] the President thinks he needs to do that."
    1. Re:Encryption by iocat · · Score: 5, Informative

      the wiki explains it a little better. It's sort of cool. It breaks all the data in 128K randomized chunks, and those chunks can also be used as well to represent OTHER data, because it's all about the relationship of the radomized chunks, not just the chunks themselves.

      --

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

    2. Re:Encryption by adpsimpson · · Score: 4, Insightful

      Replying to my own post, but this IS just a sort of encryption - their main claim being because the data is encrypted, it's not copyright.

      As has been pointed out below, the data transferred is not the thing copyrighted - it's what it represents. So it's an arduous and painful encryption, with high overhead, easy to crack and no plausible benefit. With some hand-wavy 'it annuls all badness from bad things' explanation.

      --
      Is crushing a suspect's child's testicles illegal?
      John Yoo: "No, [if] the President thinks he needs to do that."
    3. Re:Encryption by Hal_Porter · · Score: 5, Interesting

      Replying to my own post, but this IS just a sort of encryption - their main claim being because the data is encrypted, it's not copyright.

      As has been pointed out below, the data transferred is not the thing copyrighted - it's what it represents. So it's an arduous and painful encryption, with high overhead, easy to crack and no plausible benefit. With some hand-wavy 'it annuls all badness from bad things' explanation.

      Except that is probably bullshit to copyright lawyers

      There's a great explanation of why in this essay, What Colour are your Bits. It's actually about another system based on the same sort of ideas.

      http://ansuz.sooke.bc.ca/lawpoli/colour/2004061001.php

      The fallacy of Monolith is that it's playing fast and loose with Colour, attempting to use legal rules one moment and math rules another moment as convenient. When you have a copyrighted file at the start, that file clearly has the "covered by copyright" Colour, and you're not cleared for it, Citizen. When it's scrambled by Monolith, the claim is that the resulting file has no Colour - how could it have the copyright Colour? It's just random bits! Then when it's descrambled, it still can't have the copyright Colour because it came from public inputs. The problem is that there are two conflicting sets of rules there. Under the lawyer's rules, Colour is not a mathematical function of the bits that you can determine by examining the bits. It matters where the bits came from. The scrambled file still has the copyright Colour because it came from the copyrighted input file. It doesn't matter that it looks like, or maybe even is bit-for-bit identical with, some other file that you could get from a random number generator. It happens that you didn't get it from a random number generator. You got it from copyrighted material; it is copyrighted. The randomly-generated file, even if bit-for-bit identical, would have a different Colour. The Colour inherits through all scrambling and descrambling operations and you're distributing a copyrighted work, you Commie Mutant Traitor.

      To a computer scientist, on the other hand, bits are bits are bits and it is absolutely fundamental that two identical chunks of bits cannot be distinguished. Colour does not exist. I've seen computer people claim (indeed, one did this to me just today in the very discussion that inspired this posting) that copyright law inescapably leads to nonsense conclusions like "If I own copyright on one thing, and copyright inherits through XOR, then I own copyright on everything because everything can be obtained from my one thing by XORing it with the right file." That sounds profound only if you're a Colour-blind computer scientist; it would be boring nonsense to a lawyer because lawyers are trained to believe in and use Colour, and it's obvious to a lawyer that the Colour doesn't magically bleed to the entire universe through the hypothetical random files that might be created some day. You could create the file randomly, but you didn't. Maybe you could create a file identical to the complete works of Shakespeare by XORing together two files of apparently random garbage. "Why, so can I, or so can any man;" but that doesn't mean that I am William Shakespeare.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    4. Re:Encryption by TimeTraveler1884 · · Score: 1

      What I missed from the wiki is why you could not just host the random files locally, or generate them on the fly? If the URLs that are distributed are encoded to reassemble the original file from known random parts, why host those parts on other machines at all?

      On aside note, assuming computing power is no problem, wouldn't it be better to distribute multiple MD5 hashes of 128kb chunks of a given file. Then through brute force reassemble the file by solving for what the MD5 represents. Not only are you drastically cutting way down on bandwidth, but arguably you are not committing copyright infringement by transferring hashes.

      Perhaps MD5 is not even the best for this, maybe a hash that has a lot of collisions and then you need a primer (like a URL for OFFS) to reassemble the file correctly. Otherwise, you may reassemble the file to represent something else that had a collision with the hashes you have.

      You could go on and on, and I've decided one way or another, you are transferring copyrighted works whether it's the information to assemble random pieces encoded in a URL, or MD5 hashes that are considered "derivative works". Fun problem to think about though.

    5. Re:Encryption by Anonymous Coward · · Score: 0

      The key advantage is that all components from which the data is reconstructed could be used to reconstruct other files just as well. It is the selection of components which describes what you get, not the components themselves. You can think of it like a hash which describes the file with enough certainty, but doesn't have all the information to reconstruct the file. Normally you would use the hash to identify a file, and the data you would have to download is clearly that file. In this concept, you can get the necessary information without giving away what you're getting it for. Likewise, you can share blocks of data which have no discernible purpose: Combined in a certain way they reconstruct one file, combined in a different way they reconstruct other files. The blocks of data contain no information whatsoever about the files which they can reconstruct. They're for all intents and purposes random data. You could share all blocks needed to reconstruct the latest Redhat Linux iso, but someone else could use the same blocks of data as part of a Suse Linux iso. The other blocks needed for the Suse Linux iso in turn could as well be used to reconstruct some other big file, and so on. The data does not identify the contained information. Only the combination does, and that is a very small and much more easily hidden and distributed piece of information.

    6. Re:Encryption by ultranova · · Score: 1, Troll

      On aside note, assuming computing power is no problem, wouldn't it be better to distribute multiple MD5 hashes of 128kb chunks of a given file. Then through brute force reassemble the file by solving for what the MD5 represents. Not only are you drastically cutting way down on bandwidth, but arguably you are not committing copyright infringement by transferring hashes.

      The chunks are (much) bigger than the hashes, so for each hash, there are multiple possible chunks which would yield that hash. So no, it won't work.

      As for copyright law, I'm pretty sure you committed an infringement by even discussing a potential - although non-functional - way of circumventing it. But even if you hadn't, rest assured that Disney will have the law amended to close this loophole.

      --

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

    7. Re:Encryption by aproposofwhat · · Score: 1

      What I missed from the wiki is why you could not just host the random files locally, or generate them on the fly? If the URLs that are distributed are encoded to reassemble the original file from known random parts, why host those parts on other machines at all?

      Except that what is referenced in the URL is the hash of the random file, and the filesystem has rules for locating the random file based on the 'distance' between the hash of the file and the hashes of the node identifiers (randomly created on installation).

      The idea is that as time goes on, participant nodes will accumulate the random file parts that are numerically close to the hash of it's identifier, so your node may not (probably will not) eventually store any of the random parts that you create by uploading a file to the system - those parts will be distributed around the system and accessible by the URL (which you don't share in the case of copyrighted works, since some construction of copyright law would likely claim such sharing to amount to distribution).

      --
      One swallow does not a fellatrix make
    8. Re:Encryption by Anonymous Coward · · Score: 0

      Suppose I want to distribute a Suse Linux iso. Let's call that file A. Suppose I'm not in the mood for obviousness, so I generate a random number with as many bits as file A. Let's call that file B. Then I XOR file A and file B to get file C. If A XOR B = C, then A = B XOR C. So I publish B and C and tell you to XOR these files to get the Suse Linux iso (file A). There's obviously not any additional information in there. But I could have used something which is just indiscernible from random data. For example, if you publish a Redhat Linux iso the same way, either of your files B' or C' could be used as my random "key". If you've used an actual random key, then it actually contains no information that could be held against me. To keep it that way, I only have to make sure that the files I use to "encrypt" my file are sufficiently random. But then one of the files I distribute to create the Suse Linux iso is also one of the files needed to create the Redhat Linux iso (or any number of other files). But I can't know that, because the filesystem just handed me that block and the file is random as far as anyone can tell. You could end up downloading both Linux distributions and having all required blocks to also create an encrypted copy of Backtrack Linux, without knowing it or having a way to find out from the data which you downloaded.

    9. Re:Encryption by smallfries · · Score: 5, Insightful

      It's not a form of encryption, the purpose is not to hide the data but to share representations. The basic idea is let's say that I have files/blocks A,B,C. Instead of storing them directly I will compute shares that merge the information into a new set of blocks. None of the new set of blocks will contain copyrighted info - or if it does then who will own it because there are competing copyright claims. To get file A back out I need to take a selection of the shares and xor them together.

      It's an interesting technical approach, but a classic FAIL. Geeks never understand the law, they assume that it is a mechanical system that can be gamed (well, because they're geeks). But no matter how the law it is written, it is interpreted by people. The first time that it was tried is court would be something like this:

      Pros: Could you explain to the court what you uploaded to Brightnet?
      Def: It was a non-linear combination of the xor of .... .... .... in several parts.
      Pros: Did you upload Britney Spears - Chart Slag.mp3?
      Def: No, that was never on my computer.
      Pros: Did you upload something that allowed the mp3 to be constructed exactly?
      Def: Yes
      Pros: Copyright infringment through unauthorised distribution, the prosecution rests.
      Def: WTF?

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    10. Re:Encryption by crosbie · · Score: 4, Insightful

      Putting it a little more plainly:

      Copyright concerns provenance (similarity merely raises suspicion).

      Patent concerns similarity (provenance is irrelevant).

      However, both are unethical and ineffective anachronisms long overdue for abolition.

      Let overpaid lawyers count the angels on a pinhead. It is not something computer scientists should concern themselves with, especially when litigation causes 99% of harm well before any judges get anywhere near investigating the provenance of bits - deciding which side of bread best provides inspiration as to the 'correct' judicial interpretation as to how bits should properly be constrained.

      Use the GPL. It's a legal device against litigation.

      Using BrightNets is a coder's sophistry, not a lawyer's. A coder may as well wonder why there's so much legal difference between copying an MP3 file and streaming it, when there's marginal technical difference. Conversely, lawyer's won't be fazed by significant technical differences if the end result is the same - they'll sue you first and leave the questions to judges in subsequent decades.

      You might as well create a distributed and co-operatively administered 'YouTube' host with anyone legally permitted to upload and download so long as the hosted works were only 'streamed' to the public and taken down upon request (DMCA).

      Lex Asinus Est.

    11. Re:Encryption by Hatta · · Score: 2, Informative

      Well the wiki is down so I can't look.

      I don't see how that's any help though. You have to store the data representing the relationship between the chunks somewhere too. Suppose instead of 128K chunks we use 1 bit chunks. We'll store all the 1s on one computer, all the 0s on another computer and the relationship between the data on a third computer. Where is the copyrighted data?

      --
      Give me Classic Slashdot or give me death!
    12. Re:Encryption by struppi · · Score: 3, Informative

      However, both are unethical and ineffective anachronisms long overdue for abolition.

      [...]

      Use the GPL. It's a legal device against litigation.

      You do realize that the GPL is absolutely meaningless without copyright law, do you? Did you ever actually read the GPL?

    13. Re:Encryption by crosbie · · Score: 2, Interesting

      Of course.

      But then, without copyright there is absolutely no need for the GPL.

      I'm amused by this strange idea that if a society wished to provide its citizens with the right to free speech and free cultural exchange they'd first have to enact a law that would prohibit such freedom.

      Bear in mind that the GPL is a means to enjoy freedom, not a means to enjoy the operation of the GPL in a copyright encumbered society.

    14. Re:Encryption by plasmacutter · · Score: 2, Insightful

      and you realize that without copyright law and software patents, the GPL is unnecessary?

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    15. Re:Encryption by Anonymous Coward · · Score: 2, Interesting

      Pros: Did you upload something that allowed the mp3 to be constructed exactly?
      Def: No

      The defendant uploaded only information which was either random or was created to construct a legal file. There is no way to prove that any of the uploaded data had a significance beyond that. If other data exists which can be used in combination with the defendants files to construct illegal files, then that data has not even necessarily existed at the time the defendant uploaded the questionable data. If you do something and there's no law against it at the time, then you have not broken the law. If you upload your holiday photos, I can XOR Britney's works with your files and publish the result. Then you have uploaded something which allows the MP3 to be constructed exactly, or haven't you? WTF indeed.

    16. Re:Encryption by telbij · · Score: 1

      The fact that copyright and patent are greatly abused does not mean they should be abolished. That would be cutting off our nose to spite our face. The need to provide some legal rights to creatives should be economically obvious to anyone.

    17. Re:Encryption by Lord+Ender · · Score: 1

      This is a distributed encrypted filesystem.

      If it were used for copyright infringement, no court in the world would give a crap that it is only sending "random" data. They would care that you can turn on your computer, click on a Britney Spears song, and have it play on your speakers.

      This is just some math-heads getting way out of touch with reality.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    18. Re:Encryption by OoSpaceoO · · Score: 1

      This is not really a form of encryption at all, it's really just obfuscation of the data itself.

      This argument is really and truly bogus. It doesn't matter how the data is stored, the end result is a filesystem(albeit a complicated one). There argument is made that since the data is non-contiguous that it is somehow is free from standard copyright. It is the work itself that is copyrighted, not the digital representation of the work.

      You could think of an infinite ways to store a digital work and there could be no way to account for each and every digital representation.
       

    19. Re:Encryption by Rary · · Score: 4, Insightful

      But then, without copyright there is absolutely no need for the GPL. ... Bear in mind that the GPL is a means to enjoy freedom...

      I'm no expert on the GPL, but am I not correct in thinking that the GPL forces restrictions on developers in order to ensure freedoms for users? For example, the requirement that if I build and distribute something that uses GPL code, I must use the GPL on my code and distribute the source code with the binaries.

      Without copyright and the GPL, there is absolutely no way to force me to distribute my source code. I can take an open source project, add to it to create something new, hide the source code in a vault and distribute only the binary. You will be able to copy it freely, but good luck modifying it. You, the user of my software, have lost freedom because there is no GPL to force me to provide you with that freedom.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    20. Re:Encryption by crosbie · · Score: 0

      Ahem, rights are not provided to creatives. Rights are self-evident and belong to all human beings - irrespective of whether they choose to be creative.

      Privileges have been provided to publishers for their original works, and to manufacturers for the publication of their novel designs.

      These privileges unethically suspend the rights of human beings in order to provide commercial reward (supposedly in the public interest). If you ask me, that is cutting off your nose to make your face prettier.

      I suggest we'd all be better off as equals, and not elevate publishers or manufacturers above citizens such that they can consequently persecute citizens when they fail to respect those privileges.

    21. Re:Encryption by slim · · Score: 1

      Replying to my own post, but this IS just a sort of encryption - their main claim being because the data is encrypted, it's not copyright.

      I think the core concept is that you've got two chunks of data that XOR together to produce meaningful data, and there's an inherent symmetry such that you can't say which one's the key and which one's the encrypted data.

      Then you take those chunks independently and produce more chunks from other source material. So now chunk A is the 'key' to get X from B, Y from C, Z from D, etc. Or, an equally valid view, chunk A decrypts to X if you use B as the key, to Y if you use C as the key, to Z if you use D as the key.

      So, how can anyone say what A really is? It lots of things, and nothing, at once.

    22. Re:Encryption by kipman725 · · Score: 0, Redundant

      ah so what your saying is that we should shoot the lawyers for leadings along a path of belif in the imaginary. Genius!

    23. Re:Encryption by AmberBlackCat · · Score: 1

      Why would Def answer "yes" if Def only has one piece of the file to upload and that piece alone is not enough to reconstruct the mp3 exactly?

    24. Re:Encryption by inertialFrame · · Score: 1

      Except that is probably bullshit to copyright lawyers.

      There's a great explanation of why in this essay, What Colour are
      your Bits. It's actually about another system based on the same sort of
      ideas.

      http://ansuz.sooke.bc.ca/lawpoli/colour/2004061001.php

      Under the lawyer's rules, Colour is not a mathematical function of
      the bits that you can determine by examining the bits. It matters where
      the bits came from. The scrambled file still has the copyright Colour
      because it came from the copyrighted input file. It doesn't matter that
      it looks like, or maybe even is bit-for-bit identical with, some other
      file that you could get from a random number generator. It happens that
      you didn't get it from a random number generator. You got it from
      copyrighted material; it is copyrighted.

      But the OFF is a bit different from standard encryption. In the OFF,
      every data block is produced by a random-number generator.

      The only thing that would have Colour, from the lawyer's point of view,
      would be the instructions at the URL, as indicated on the OFF wiki. So
      the data blocks in the OFF would be Colourless even to the lawyer
      in the example above.

    25. Re:Encryption by crosbie · · Score: 2, Interesting

      The GPL obliges provision of source code because it operates in a copyright encumbered culture, and needs to persuade licensees used to the proprietary software development business model that there is no benefit to withholding source (their inculcated inclination).

      There is no need to oblige disclosure of source to derivatives in a culture used to operating without copyright.

      Looking at it another way, tell me why in a culture without copyright you'd have to enact a law that prohibited the distribution of binaries without source code? Would you have special stormtroopers that would raid Jimmy's bedroom because he was caught distributing binaries without source code?

      No-one's freedom is constrained if the source is withheld or obfuscated in a culture without copyright. However, there is no market for withheld or obfuscated source code in such a culture. Binaries cost nothing to make and could not be sold - they'd only be used to demonstrate that the software had been produced prior to sale.

      The GPL is about reproducing the culture that would result if copyright and patent were abolished, i.e. a free culture. But remember, free as in speech, not as in beer. You still buy and sell software in a free culture, just not copies or trivial derivatives such as binaries.

    26. Re:Encryption by Jake73 · · Score: 5, Insightful

      Yes, but the assertion that this somehow circumvents copyright law is pretty ridiculous.

      The composite of the entire system allows one to store data in a retrievable fashion, just as the composite of a hard drive, magnetic head, source coding strategy, filesystem, and operating system allow one to store data in a retrievable fashion -- despite the fact that it is fragmented on the drive and source coded.

      The scope of the system may be different, but it accomplishes the same.

      Sharing the "recipe" for assembling the blocks is the same as sharing the original file. It's just a definition of terms. You could say that a compressed (.zip) version of a text file is really just a recipe for algorithmically creating the original text file. The zip version and the original are treated the same under copyright law, as far as I know.

    27. Re:Encryption by slim · · Score: 2, Insightful

      [...] lawyer's won't be fazed by significant technical differences if the end result is the same - they'll sue you first and leave the questions to judges in subsequent decades.

      The key to this is who the "you" that gets sued is. There are three classes of participant in this data transfer: uploader, downloader, and cloud member.

      It seems to me that this scheme makes the uploader and the downloader guilty, but difficult to catch (you'd need to catch them exchanging URLs), and the cloud members not guilty of anything.

      Cloud members would have no idea whether they were hosting (chunks of) copyrighted top 40 MP3s, legally redistributable freeware, communications between Burmese freedom fighters or plots to bomb American civilians. I wonder how many people would be comfortable with that.

    28. Re:Encryption by Yogiz · · Score: 3, Insightful

      As someone nicely said: "GPL takes away the freedom to take freedom away form others".

    29. Re:Encryption by ShieldW0lf · · Score: 1

      I'm no expert on the GPL, but am I not correct in thinking that the GPL forces restrictions on developers in order to ensure freedoms for users? For example, the requirement that if I build and distribute something that uses GPL code, I must use the GPL on my code and distribute the source code with the binaries.

      Without copyright and the GPL, there is absolutely no way to force me to distribute my source code. I can take an open source project, add to it to create something new, hide the source code in a vault and distribute only the binary. You will be able to copy it freely, but good luck modifying it. You, the user of my software, have lost freedom because there is no GPL to force me to provide you with that freedom.


      If you want to sell a car, you can't just go to your garage, make one from scratch and sell it. You're not free to do that. You must submit your car for safety inspection before you are permitted to sell it, and if you're not prepared to do that, you can't sell it.

      So, how do you get rid of patents and copyrights and still force people to distribute the production methods and source code? Easy. You create a government funded public repository of designs and patterns. You make it illegal to distribute a device without submitting designs, and you make it illegal to distribute software without submitting source code. If you're caught doing so, your property and infrastructure are seized, and you are placed in jail for endangering public welfare.

      Problem solved.

      --
      -1 Uncomfortable Truth
    30. Re:Encryption by crosbie · · Score: 2, Interesting

      People involved in file-sharing have already settled litigation out of court - even when they know they're entirely innocent. Guilt is immaterial if you want to avoid the penury of prosecution.

      The 'bad actors' who are sued are those the **AA wishes to make an example of to other 'bad actors' - the more naive and apparently unprosecutable the better. After all, file-sharing is a problem precisely because it's engaged in by kids and their apple pie making grannies. If it was only incorrigible pirates that did it, what would be the point of litigated settlement?

      In your classes of Brightnet participant, the ones being sued would be random 'participants' irrespective of what particular role classification you'd give them.

      A decade later someone might look a little more closely to see if any copies or derivatives of copyrighted works are actually prepared or distributed by participants of Brightnets, and possibly whether only certain participants could be prosecuted (subject to being determinable), but by that time umpteen thousand geeks have missed out on a college education and find themselves on a watch-list of IP thieves along with other cyber-pariahs such as terrorists, paedophiles, and crackers.

      If you're going to organise the flouting of copyright then call yourself protestants and martyr yourselves against the catholic maximalism of the modern Spanish inquisition. You still suffer the same, but at least you exhibit the courage of conviction.

    31. Re:Encryption by Rary · · Score: 3, Insightful

      However, there is no market for withheld or obfuscated source code in such a culture. Binaries cost nothing to make and could not be sold ... The GPL is about reproducing the culture that would result if copyright and patent were abolished, i.e. a free culture.

      Imagine we live in that world without copyright, and therefore a world without GPL. Oracle builds and sells an RDBMS. Anyone can copy and use it for free, since there is no copyright preventing that. However, Oracle wants to make money off of their RDBMS. So, they sell support services. Maybe they also offer custom development to tailor the RDBMS for your environment. In order to prevent competitors from providing those services, it makes sense for them to keep their source code hidden and only distribute the binaries.

      No-one's freedom is constrained if the source is withheld or obfuscated in a culture without copyright.

      According to RMS, withholding source limits user freedom. Therefore, users of GPL software have more freedom than users of Oracle RDBMS in the above example.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    32. Re:Encryption by Rary · · Score: 1

      If you want to sell a car, you can't just go to your garage, make one from scratch and sell it. You're not free to do that. You must submit your car for safety inspection before you are permitted to sell it, and if you're not prepared to do that, you can't sell it.

      I'm not so sure about that. It seems to me that it would be perfectly legal to sell a home-built car. Driving it, however, is a different story.

      Of course, I could be wrong about that.

      So, how do you get rid of patents and copyrights and still force people to distribute the production methods and source code? Easy. You create a government funded public repository of designs and patterns. You make it illegal to distribute a device without submitting designs, and you make it illegal to distribute software without submitting source code. If you're caught doing so, your property and infrastructure are seized, and you are placed in jail for endangering public welfare.

      So, you want to replace copyright and patent law with a mandatory copyright/patent registration process, without any of the protections that copyrights/patents provide to the holder. Or, put another way, replace a system that was designed to encourage creation (although in its present form it is failing that goal) with a system designed that would likely discourage creation.

      Personally, I'm a proponent of copyright reform (I'm not knowledgeable enough about the patent system, although it seems to be pretty screwed up). I don't agree with abolishing copyright, and I definitely don't agree with replacing copyright with your rather draconian version of it.

      By the way, if I distribute a Tetris clone without source code, how exactly do you figure I'm "endangering public welfare"?

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

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

      There is no need to oblige disclosure of source to derivatives in a culture used to operating without copyright.

      Yes there is: If someone extends a piece of code in some really cool way and doesn't feel like sharing their improvements because it gives them a competitive advantage to keep the improvements secret, then this is harmful.

    34. Re:Encryption by smallfries · · Score: 1

      Personally I think that's an interesting defense. But does it wourk out so well at the moment for cases involving BitTorrent?

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    35. Re:Encryption by Anonymous Coward · · Score: 0

      It matters where the bits came from.

      Sure, but if you can't prove where the bits came from, heck, if you can't even provide plausible conjecture, then you have no legal leg to stand on. If I share only random data and legal data which has been XORed with that random data, then clearly a lawyer who is so good at seeing the color of bits must conclude that I'm not doing anything wrong, and neither is anybody else who does the same. If someone else shares data which can be XORed with some of my data to form a copyrighted work, then that is that person's problem. Unfortunately for the lawyer, nobody can tell (let alone prove) in any way who is sharing random data and who is sharing data XORed with random data. Treating any part of the system other than the actual unlicensed reconstruction of the copyrighted data as illegal amounts to making the publication of random data illegal. (Publishing truly random data is the only unavoidable step. Everything else doesn't require many of the publishers to cooperate or even suspect that they're participating in the publication of copyrighted works.)

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

      and you realize that without copyright law and software patents, the GPL is unnecessary?

      Wrong. It would still be useful. Requiring a modifier to release source to improvements is a Good Thing regardless of copyright and patents.

    37. Re:Encryption by smallfries · · Score: 4, Insightful

      The point that I was making was that the law operates on intent rather than action. If the sole purpose of your XOR of Britney and someone's holiday photos is to allow reconstruction of the mp3 then it is a defense that the court would see through.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    38. Re:Encryption by crosbie · · Score: 1

      And that 'freedom to take freedom away' is the privilege of copyright and patent.

      Without such privilege there is no power to 'take freedom away'.

      Freedom is of course still constrained by human rights, i.e. to life, privacy, and truth.

      You still don't have the freedom to claim someone else's work is your own.
      You still don't have the freedom to burgle someone's house and take a copy of their hard drive.
      You still don't have the freedom to deliberately introduce bugs into avionics software because you have a religious grudge.

    39. Re:Encryption by sbillard · · Score: 0, Troll

      "If I own copyright on one thing, and copyright inherits through XOR, then I own copyright on everything because everything can be obtained from my one thing by XORing it with the right file."

      Very nice but why stop there? Maybe we could copyright all numbers starting with zero through the astronomically large? After all, digital media is just a very large number when you look at it a certain way. So, we could hamstring the entire industry by pro-actively putting a copyright (or copyleft) on any number large enough to represent some media content (song, movie, book, whatever) not already copyrighted by someone else. Think of it as domain squatting or patent trolling, but for digital content.

    40. Re:Encryption by sjames · · Score: 5, Insightful

      It' not a circumvention of every aspect of copyright, it's a system where you can't claim that every single intermediary had some part in any copyright violation.

      For example, I rip all my CDs and store them in this system (keeping the list of URLs needed to re-construct/retrieve the files to myself. Since only I can get the files back, I have not distributed anything WRT copyright.

      The various nodes can't know what the blocks I stored are. Should I give someone else my list of URLs, I have now distributed, so I have now violated copyright. The nodes storing those blocks still don't know what they are and have no means of re-constructing them, so have not infringed.

    41. Re:Encryption by ShieldW0lf · · Score: 0

      By the way, if I distribute a Tetris clone without source code, how exactly do you figure I'm "endangering public welfare"?

      How did Sony endanger the public welfare? All they were doing was selling CDs full of music. Oh, wait. They installed root kits into at least half a million computers.

      --
      -1 Uncomfortable Truth
    42. Re:Encryption by crosbie · · Score: 1

      Imagine that you are in a world without copyright and Oracle offer you some custom development to provide obscure feature X.

      Are you really telling me you'd pay them the same amount of money for fX+binary as for fX+source?

      Let's say you would pay the same. You clearly don't value the source code, so there's no loss to you.

      However, more realistically, let's say you highly value the source code, but Oracle say the source is $10,000, with the binary just $1,000.

      You are the only customer for this obscure fX, so Oracle only stands to make $1,000 if you don't value the source an order of magnitude higher. However, their competition offers to provide you with the same feature fX', but they also include the source at $1,100. How has Oracle withholding the source helped prevent competition?

    43. Re:Encryption by hummassa · · Score: 1

      I posted this on the wiki, to you see why it doesn't make any difference.

      Whenever the receiver completes its assembly of the work -- from a Torrent, or from the randomized bits on the OFF net -- the sender is "distributing one copy". Which, if (s)he has not the right to do, is copyright infringement.

      The bits are not the work. The tape was not the work. The vinyl disk was not the work. The covers and the paper of a book are not the work. The canvas, the frame, and the paint in the Mona Lisa on the Louvre are not the work.

      (cue revealing music!!)

      They are ... the media!

      If you put a poem to be read by Patricia Arquette in Phoenix and Jennifer Love Hewitt transcribes it in Grandview, there was no intermediate copy (as is the case with OFF) but there was a copy nevertheless. And Medium is liable for copyright infringement. And Ghost Whisperer's copy is not a legitimate copy, so it cannot be sold or otherwise distributed.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    44. Re:Encryption by plasmacutter · · Score: 1

      and that is perfectly well covered under contract law.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    45. Re:Encryption by mrsteveman1 · · Score: 1

      hmmmmm.....under the third seashell!

      No? Fuck i hate this game.

    46. Re:Encryption by Rary · · Score: 1

      How did Sony endanger the public welfare? All they were doing was selling CDs full of music. Oh, wait. They installed root kits into at least half a million computers.

      Huh? The "endangering public welfare" in that situation comes from the fact that they actually did install root kits, not just because they could have installed root kits.

      So, in the case of my Tetris clone, if there is no root kit, how have I "endangered public welfare"?

      You're using the same logic that DRM proponents would use to ban Linux. "Let's ban any and all closed source software because people could use it to endanger public welfare" is the same as "Let's ban any and all hardware/software that doesn't have DRM because people could use it to break the law."

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    47. Re:Encryption by mrsteveman1 · · Score: 3, Insightful

      This situation is perhaps similar to torrents. A torrent isn't the real data but does "refer" to it in a way similar to how the "key" in this filesystem refers to the actual pieces needed to reconstruct the file, even though those pieces aren't unique.

      One could even say that the "key" in this case is even closer to the real data than a torrent.

    48. Re:Encryption by Hal_Porter · · Score: 1

      But then, without copyright there is absolutely no need for the GPL. ... Bear in mind that the GPL is a means to enjoy freedom...

      I'm no expert on the GPL, but am I not correct in thinking that the GPL forces restrictions on developers in order to ensure freedoms for users? For example, the requirement that if I build and distribute something that uses GPL code, I must use the GPL on my code and distribute the source code with the binaries.

      Without copyright and the GPL, there is absolutely no way to force me to distribute my source code. I can take an open source project, add to it to create something new, hide the source code in a vault and distribute only the binary. You will be able to copy it freely, but good luck modifying it. You, the user of my software, have lost freedom because there is no GPL to force me to provide you with that freedom.

      It's actually much worse than that. Copyright and patents were originally designed to allow people to publish their ideas and still maintain rights to them. If there was no copyright the only way to protect your ideas would be to keep them secret. You can actually see this in Asia. Places like Korea have only had IP laws enforced for a decade or so. And most Korean companies will never, ever release their source code to anyone else - even people trying to debug it - because in Korea historically if you have the source code you can do whatever you wanted, i.e. make your own product based on it.

      So if there was no copyright, or rather no way to take people to court for violating copyright, each company would keep a proprietary fork of GPL code and never, ever release that.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    49. Re:Encryption by Rary · · Score: 1

      In this hypothetical example, I may have chosen Oracle over the many competing products for any number of reasons. In the real world, companies do it all the time -- even choosing Oracle, which is closed source and costs a lot of money, over MySQL or PostgreSQL, which are open source and free as in beer. So, for whatever my business reasons are, I've chosen Oracle, and it's what I use.

      Now, the day arrives where I decide that I need obscure feature X built into the system. Oracle offers to provide me with this for $10000, no source included.

      You propose that I should purchase it from a competitor for less money, or even for more money if the source is included. But here's the problem: how exactly does a competitor build feature X into Oracle's RDBMS if they don't have the source for Oracle's RDBMS? That's why Oracle keeps the source.

      You also ignored the support issue, which is another reason for them to withhold the source. They can provide better support than anyone else if they're the only ones with access to the source code.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    50. Re:Encryption by Hal_Porter · · Score: 0, Flamebait

      Very nice but why stop there? Maybe we could copyright all numbers starting with zero through the astronomically large? After all, digital media is just a very large number when you look at it a certain way.

      Read the article. The law doesn't work like that. Incidentally, it doesn't matter whether you think it should work some other way or come up with cute thought experiments car analogies that make it look inconsistent or silly or whatever. The law doesn't work like that.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    51. Re:Encryption by telbij · · Score: 2, Insightful

      I didn't say "human rights", which, by the way, is also a human construct just as legal rights are, so if you're going to be a pedant please use accepted definitions instead of redefining them according to your own sociopolitical dogma. I imagine you frown upon the RIAA's use of the term "theft" to describe illegal music downloading... hmmm.

      Anyway, you're being blinded by the abuse of copyright.

      Do you really not see the public benefit of intellectual property? Do you not see how in the absence of those "privileges" creatives would be even more at the mercy of businessmen then they are now? Why would someone write a book if the minute they submitted a transcript to a publisher, the publisher could simply publish the book under their own name? Why would someone sink the time and creativity into pushing the envelope of web design with something incredibly unique if the first person that likes it can co-opt the whole thing for their own use?

      Even though you seem to think that these exist solely for the benefit of corporations, they are actually the only thing guaranteeing any kind of reward for the creator. Sure corporations wield these laws more effectively and have twisted them around over the years, but that's what businesses do. They'll exploit creativity for profit no matter what the law is, but if we abolish copyright they won't have to pay for it at all. Eventually more and more creatives will get the picture that it's a sucker's game to create anything. You can argue that the situation has gotten so bad that we'd be better off without copyright, but that is an unnecessarily extremist position. Abolishing intellectual property rights can do nothing but reduce the amount of creativity and research and development going on.

    52. Re:Encryption by Actually,+I+do+RTFA · · Score: 1

      . However, there is no market for withheld or obfuscated source code in such a culture

      You realize that the rest of your post explains why such a market would exist? Why would anyone distribute binaries with the source? Hell, why would anyone distribute binaries at all. Remotely connect to my machine, and I'll let you run the program. But don't ever expect access to the source or binary. Just the end product. And I'll probably retain/redistribute a copy. Imagine if you had to connect to a Microsoft computer to compile code for DOS, back in the day. And there was no copyright law. Microsoft would, amazingly, keep producing revolutionary products in concurrence with other people.

      --
      Your ad here. Ask me how!
    53. Re:Encryption by crosbie · · Score: 1

      My apologies, I assumed we were talking about an underlying RDBMS system in which the source code was public, but that an improver called Oracle might decide to offer improvements in the form of binaries priced differently from source.

      We do need to start from a clean slate rather than consider companies who've build up a closed system under copyright.

      Substitute MySQL in my previous post, and then consider why a company or customer would consider a market for binary-only improvements rather than with-source improvements.

      No matter the imagined motivations for selling binaries, you also need customers who'd consider them superior value for money over source code.

    54. Re:Encryption by ShieldW0lf · · Score: 1

      How did Sony endanger the public welfare? All they were doing was selling CDs full of music. Oh, wait. They installed root kits into at least half a million computers.

      Huh? The "endangering public welfare" in that situation comes from the fact that they actually did install root kits, not just because they could have installed root kits.

      So, in the case of my Tetris clone, if there is no root kit, how have I "endangered public welfare"?

      You're using the same logic that DRM proponents would use to ban Linux. "Let's ban any and all closed source software because people could use it to endanger public welfare" is the same as "Let's ban any and all hardware/software that doesn't have DRM because people could use it to break the law."


      You are attempting to pretend that the rules governing individual behavior and the rules governing participation in business are the same. They are not the same, and they should not be the same.

      You're not prevented from growing your own food and eating it. You are prevented from selling your food without proving that it has been grown, harvested, prepared, packaged and stored in a safe fashion. That means you need to disclose the ingredients and the process by which quality is assured, or you are barred from the market.

      You're not prevented from making your own home remedies and using them to treat your own illness. You are prevented from selling your home remedies as medicine without proving that they are safe. That means you need to disclose the ingredients and the process by which their quality is assured, or you are barred from the market.

      You're not prevented from making toys for your children, but you are prevented from making toys to sell without proving they are safe. That means you need to disclose the materials from which they are manufactured and the process by which their quality is assured, or you are banned from the market.

      None of this is considered draconian by anyone. It is the way business operates, and it has been for a long time.

      You are not and should not be prevented from creating your own technological devices for personal use, but you should be prevented from distributing them without disclosing the means by which they operate and the method by which they are manufactured, for the same reasons as with toys and food and medicine.

      You are not and should not be prevented from creating your own software for personal use, but you should be prevented from distributing it without disclosing the method in which it operates, for the same reason as with toys and food and medicine.

      These laws should exist because if you don't make laws to prevent it, businesses will operate just like the snake oil salesmen of old. They're doing it right now.

      --
      -1 Uncomfortable Truth
    55. Re:Encryption by Rary · · Score: 1

      You are attempting to pretend that the rules governing individual behavior and the rules governing participation in business are the same.

      No, you are the one pretending that is the case. I am not Sony. In my hypothetical example, I am just some guy who wrote a Tetris clone and distributed it on my personal website without including the source code.

      You are not and should not be prevented from creating your own software for personal use, but you should be prevented from distributing it without disclosing the method in which it operates, for the same reason as with toys and food and medicine.

      Toys, food, and medicine all have safety risks, as you pointed out. People get hurt/die if toys, food, and medicine are not put through a rigorous process to ensure their quality. This is not true of my hypothetical Tetris clone. No one gets hurt if there's a bug in the code.

      I'm still left asking my original question: how am I "endangering public welfare" by distributing a simple closed source Tetris clone?

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    56. Re:Encryption by crosbie · · Score: 2, Insightful

      Human rights are legally protected, self-evident, natural rights. Copyright and patent are mercantile privileges, thus unnatural and unethical.

      Copyright infringement is the unauthorised copying of a work protected by copyright.

      Intellectual property theft is the unauthorised removal of someone's intellectual property from their private premises.

      Copyright is an unethical privilege and an ineffective anachronism and should be abolished. Patent similarly, especially as applied to software.

      Intellectual property rights are entirely natural and to be protected, especially from interference by the unnatural privileges of copyright and patent.

      No-one has a right to publish someone else's work as their own. In any case, copyright is about protecting a commercial reproduction monopoly, not about preventing plagiarism.

    57. Re:Encryption by Rary · · Score: 1

      No matter the imagined motivations for selling binaries, you also need customers who'd consider them superior value for money over source code.

      But that's kind of the point. Those customers exist today. Oracle obviously provides something of value for so many businesses to choose their expensive closed source software over free open source alternatives. Therefore, even if there were no copyright and no GPL, and even if there had never been these things, Oracle would still have every reason to keep their source code hidden, and customers would still happily buy their products and services, despite the existence of free alternatives.

      Keep in mind that Oracle could open source their products. The existence of copyright law isn't forcing them to withhold the source. They've made that choice. I see no reason why they wouldn't make the same choice if there was no copyright law.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    58. Re:Encryption by Ekdar · · Score: 1
      1. If two pieces of information are identical, and one of the pieces of information is copyrighted, then the other piece of information is protected under the same copyright.
      2. If a copyrighted piece of information is encoded via a randomizing algorithm, then the encoded piece of information is protected under the same copyright.
      3. If the song "Scatman" is encoded via a randomizing algorithm, then the encoded piece of information is protected under Scatman's copyright. (2)
      4. It is possible to apply an encoding via a randomizing algorithm to "Scatman" so that the encoded piece of information is identical to Celine Dion's "My Heart Will Go On".
      5. The copyright protection that applies to "Scatman" also applies to the encoded version that is identical to "My Heart Will Go On". (2,4)
      6. The copyright protection that applies to "Scatman" also applies to "My Heart Will Go On". (1,5)

      Many people likely reject #6, but they may disagree about which of the premises (1-5) is false.

      #3, #5, and #6 are just logical derivatives of other premises. They can only be false if one of their dependent premises is false.

      The creator of OFF, and likely many "anti-copyright" people will likely try to argue that #2 is false. As much as I would like to agree with them, I don't think that I do.

      The "pro-copyright" group, along with the author of "What Colour are your Bits", will try to argue that either #1 or #4 (or both) are false. They may try to refute #1 by claiming that two identical pieces of information derived from different sources can hold different copyright statuses: they, in effect, don't even agree that information can be copyrighted -- only an [information, that information's source] pair can be copyrighted.

      On the other hand, this group may try to argue that #4 is false because the encoded "Scatman" really isn't identical to "My Heart Will Go On", because the pieces of information have different "histories". This argument is essentially that the information's source is a component of the information. So, different sources -> different information.

      A final rebellious group, likely possessing "anti-copyright" attitudes, will simply agree that the conclusion (#6) is true, hoping to demonstrate the level of absurdity that information-copyright presents. I find myself most closely identifying with this group.

    59. Re:Encryption by slim · · Score: 1

      On aside note, assuming computing power is no problem, wouldn't it be better to distribute multiple MD5 hashes of 128kb chunks of a given file. Then through brute force reassemble the file by solving for what the MD5 represents.

      You do realise that MD5 is specifically designed to make this extremely difficult, right? So your "assuming computer power is no problem" is quite a leap.

    60. Re:Encryption by ShieldW0lf · · Score: 1

      I'm still left asking my original question: how am I "endangering public welfare" by distributing a simple closed source Tetris clone?

      You are endangering the public welfare because you are distributing something without any assurances that it is what you claim it is. That's it. If you want to distribute it, you can't just claim it is what you say it is, you have to prove it. If you haven't proven that it is what you say it is, you're no different from someone selling drugs without supervision off the back of a truck.

      You don't like the ramifications. That's fine. You're not meant to like them, any more than any other business likes having safety inspectors come tramping through their establishment. But seriously... stop acting like you're some sort of retard who is incapable of grasping the point. It's not a particularly subtle and difficult thing to grasp.

      --
      -1 Uncomfortable Truth
    61. Re:Encryption by Anonymous Coward · · Score: 1, Insightful

      The GPL is about reproducing the culture that would result if copyright and patent were abolished, i.e. a free culture.

      No, that's the BSD license. The GPL is the one where you cannot distribute software without giving away the source code.

      Let's say you offer a program under BSD. I can do anything I want with it: I can change it, change the name, and sell the resulting binary without ever providing source code. Complete freedom for me.

      Now let's say you offer a program under GPL. I can no longer do certain things. The argument from GPL fans is that the constraints on me are for the best, because it's unfair to the poor users for me to keep the source code away from them, and that as a result the total freedom of the software ecosystem is maximized.

      I find it interesting that you believe no one would bother to keep trade secrets if there were no copyright law. Remember that patents were invented to encourage people to not keep stuff completely secret; in exchange for disclosing your secrets, you get a guaranteed monopoly on the idea for a fixed term. Before patents and copyrights were invented, the world had a culture without copyright and patent, and people thought it a good idea to invent them. So I encourage you to take a look at history and see what lessons you might learn.

      tell me why in a culture without copyright you'd have to enact a law that prohibited the distribution of binaries without source code?

      Because otherwise people will hold the source code as a trade secret and not share it, even if the original author didn't want this to happen.

      However, there is no market for withheld or obfuscated source code in such a culture. Binaries cost nothing to make and could not be sold - they'd only be used to demonstrate that the software had been produced prior to sale.

      And I know this to be true because... you say so here? Can you give me an example of some place in the world where this system has been tried and showed to work? I'll accept an analogy if you can make it work.

    62. Re:Encryption by crosbie · · Score: 1

      The reason is, in a market in which software can be freely copied, the only thing worth buying is that which isn't readily available, i.e. unpublished software (commissioned apps, features or fixes).

      We're already seeing this today. GPL software is generally free of charge once it's been published.

      Now, if you're going to pay for software you're going to pay more for source code than binaries, because the source is more valuable.

      The vendor can sell one copy of the binary and one copy of the source.

      Why is it such a crime to allow them to sell one copy of the binary at $100 followed by one copy of the source at $10,000?

      In fact what if they gave the binary away and kept the source unpublished until someone decided to buy it?

      Should the source code be confiscated from them even though they've done $10,000 worth of software development work and haven't yet been paid for it?

      Even the GPL doesn't compel publication of source code to unpublished work. Why should the simple act of a binary being published render the source code forfeit?

    63. Re:Encryption by Haeleth · · Score: 1

      Okay, so the copyright industry bodies will simply claim that the entire network exists primarily for the purpose of copyright infringement, that everyone participating in it is fully aware of that fact, and therefore that you are committing some offense by running software that you know is going to be used by other people to infringe copyright.

      (IANAL, so I don't know what kinds of laws would cover this -- conspiracy? -- but we all know how inventive the copyright industry's lawyers are!)

    64. Re:Encryption by Incredible+Elmo · · Score: 1

      I guess the point is, that the moment you go online and, say, google for something, you are downloading files (html pages, pictures etc.). These files consist of chunks (arbitrary sized, so one could argue each byte or even each bit is a chunk). These are identical to the ones you need to reconstruct copyrighted material, such as another picture or an MP3. But you don't have the map to create that copyrighted material.

      In the case of OFFS, the chunks are fixed in size and can only be used if you have a map to construct the data. From this, the defendant can answer "no" with a straight face, unless he also shared that particular map to combine the random chunks into Britney Spears whatever.

      In general, each file is a map containing 1's and 0's of how to recreate something, on a monitor (via video card etc), on your speakers (via audio card etc). Thus it's actually not sharing the file that violates copyright, but sharing such a map.

      It's identical to being able to reconstruct copyrighted works from the words and/or letters that you typed in your own work, that you share for free. But since you don't share the map to actually reconstruct these copyrighted works from those words and letters, you aren't violating anything.

      If this is not legally correct, then everyone has violated some, if not all, existing copyrights. And even future ones, which could be used to claim prior art.

      Nevertheless, if you want to share (for free) Britney Spears.mp3 from OFFS, then you need to distribute that map to reconstruct the file, even if others have all the chunks on your hard drive. Obviously, you are then, under current laws, in violation.

    65. Re:Encryption by orlanz · · Score: 1

      That's pretty much what I was thinking. This doesn't seem any different than putting a de/compression algorithm in front of hard disk read/writes. In writing to a hard drive the file gets split up into chunks and spread out over the disks. Because of the compression, the duplicate chucks aren't written more than once. In comparison, here they are just dealing with really big chunks of data. Internet traffic flow would be similar too with certain tweaks, big file transmitted as small chunks that are reassembled.

      Last I checked I don't think either escapes the law, and neither will this.

    66. Re:Encryption by Anonymous Coward · · Score: 0

      You reckon youtube will lose many of the lawsuits against it? Or course not.

      They just offer a service, some people abuse it by infringing copyright. I think it's what the yanks call 'common carrier'.

    67. Re:Encryption by celle · · Score: 1

      So you "laundered" copyrighted material through monolith. Somehow, just as with money and banks, I think it's still copyrighted material and illegal. Essentially it's a big con job.

    68. Re:Encryption by amorsen · · Score: 1

      it makes sense for them to keep their source code hidden and only distribute the binaries.

      If their code is sufficiently valuable, reverse engineering is worth the trouble. It's worth giving up that little extra bit of freedom that GPL gives you in order to get rid of the restraint on trade that is copyright.

      --
      Finally! A year of moderation! Ready for 2019?
    69. Re:Encryption by amorsen · · Score: 1

      And there was no copyright law. Microsoft would, amazingly, keep producing revolutionary products in concurrence with other people.

      Sounds like the perfect argument for abolishing copyright -- even its greatest beneficiary doesn't need it.

      --
      Finally! A year of moderation! Ready for 2019?
    70. Re:Encryption by Kjella · · Score: 1

      The nodes storing those blocks still don't know what they are and have no means of re-constructing them, so have not infringed.

      Nice theory, if copyright law required knowledge. It doesn't: "In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200." You might get away on some of the routing/caching exceptions in 512, but don't bet on it.

      --
      Live today, because you never know what tomorrow brings
    71. Re:Encryption by bigstrat2003 · · Score: 1

      These privileges unethically suspend the rights of human beings in order to provide commercial reward...

      Not so. Copyright (patents are a whole different thing which I won't get into here) is more akin to murder laws: it restricts your freedom, but only because that's necessary to prevent harm to others.

      Let me elaborate. It is, quite obviously, the right of every human being to work only if they choose to. Ideally, these will be under conditions agreeable to them, but the most important thing is that they have the choice of whether to work for another person or not. They also have the right to attempt to sell their labor (or its fruits) for what they consider a fair price (of course, nothing guarantees them success).

      This is why we have copyright law. In the case of the artist, his work has become easily copied, so, unlike physical goods, it's easy to reap the fruit of the artist's labor without paying the artist. This is unethical for two reasons. First, the artist has the right to try to sell his creation at what he feels is a fair price. You have every right to disagree with his terms, but that does not give you, in turn, the right to violate them. Your option is to simply not purchase the artist's work. Second, if you benefit from the artist's work against the terms he/she set forth, you are forcing them to work for you... in other words, you have made that artist your slave.

      So, copying the artist's work (without his/her permission) is blatantly unethical. This is why we have copyright law: to give some ability for our society to prevent mistreatment of people's work, just because it happens to be easily copied. Thus, copyright law, far from being unethical, is extremely ethical: it restricts people, true, but only to prevent them from harming others. It is a LACK of copyright law which would be unethical.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    72. Re:Encryption by inertialFrame · · Score: 1

      I posted this on the wiki, to you see why it doesn't make any
      difference.

      Are you referring to the OFF wiki? I haven't gone back there since my
      initial visit.

      Whenever the receiver completes its assembly of the work -- from a
      Torrent, or from the randomized bits on the OFF net -- the sender is
      "distributing one copy". Which, if (s)he has not the right to do, is
      copyright infringement.

      I agree. I did not dispute this in my post.

      The bits are not the work. The tape was not the work. The vinyl disk was
      not the work. The covers and the paper of a book are not the work. The
      canvas, the frame, and the paint in the Mona Lisa on the Louvre are not
      the work.

      (cue revealing music!!)

      They are ... the media!

      Good point, and I agree, but I did not dispute this in my post.

      If you put a poem to be read by Patricia Arquette in Phoenix and
      Jennifer Love Hewitt transcribes it in Grandview, there was no
      intermediate copy (as is the case with OFF) but there was a copy
      nevertheless.

      Well, this depends on what you mean by "intermediate copy".

      My points were merely

      1. that the bits output from a traditional encryption could be
        considered Coloured by someone who espouses a particular legal theory
        and
      2. that a similar theory would not see the bits stored in OFF
        blocks as Coloured.

      It is an interesting philosophical curiousity.

      Perhaps there are interesting, practical uses, but I wasn't commenting
      on such.

      And Medium is liable for copyright infringement. And Ghost Whisperer's
      copy is not a legitimate copy, so it cannot be sold or otherwise
      distributed.

      I don't know what you are talking about here.

      I understand that copyright can be used by the owner of a work to sue
      the producer of an unauthorized representation of that same work.

      In the case of OFF, the distributor of the URL containing the
      instructions referring to the OFF would seem to be liable.

      What is interesting, however, is that anyone who merely stores or
      distributes blocks in the OFF would seem, at least according to the
      Colour theory, not to be liable for anything.

    73. Re:Encryption by crosbie · · Score: 1

      The BSD is an abdication and permits the re-application of copyright to suspend freedom. It is not at all equivalent to neutralising copyright.

      The GPL protects the public's freedom to all descendant derivatives not just a particular copy. This is why the GPL is a far better neutralisation of copyright than the BSD.

      Even the GPL doesn't compel authors of derivatives to publish their work. It only says that if they publish any derivative they must include source.

      I'm arguing that this rider is only forgivable in a world in which copyright exists, that such a legal compulsion would be unnecessary, indeed unethical, in a world in which copyright has been abolished.

      How can I provide examples of how a software market operates in a world without copyright given such a world has not existed for three centuries let alone ever? http://en.wikipedia.org/wiki/SHARE_(computing) gives a glimpse of how things operated before publishers realised that they might benefit if software were subject to copyright.

      Ultimately, it is a monopoly that raises the price of something far above its manufacturing cost. If a binary derivative of source code costs nothing to make, it will end up being priced low, even if you are the sole supplier. You can only sell it once. The real value is in the labour and this is where the money is, i.e. the source code that represents that labour. However, if the binary substitutes for the source, then there's no point letting it cannibalise the sale of the source. If someone is happy to buy a binary at $10 that cost $1,000 in labour to produce, and the cost of that labour will then never be recouped unless further improvements are required, the binary will be priced at $1,100 and the source at perhaps an additional $400.

      However, the argument isn't that source is more valuable than a binary (I'd agree it is), but that somehow, permitting a someone to sell/distribute a binary without source restricts the freedom of those who choose to purchase/receive it.

      My argument is that it doesn't restrict anyone's freedom at all. If you want the source, buy it. Free as in speech, not as in beer.

    74. Re:Encryption by telbij · · Score: 1

      Copyright and patent are mercantile privileges, thus unnatural and unethical.

      You are taking an awful lot for granted. Natural is not just whatever you deem it to mean. Ethics are codes of conduct established by societies usually without specific realms of activity. Saying mercantile privileges are unethical per se is ridiculous. We as a society determine what is ethical or not. Do you have an argument or not?

      In any case, copyright is about protecting a commercial reproduction monopoly, not about preventing plagiarism.

      So you are totally okay with a company publishing a manuscript against an author's wishes and keeping all the proceeds as long as the author's name is published?

      No-one has a right to publish someone else's work as their own.

      And how pray tell do we enforce this without a law?

    75. Re:Encryption by sjames · · Score: 1

      As far as that goes, for better or worse, you can claim absolutely anything you want in a civil suit. Winning or even convincing the judge not to throw it out is another matter.

    76. Re:Encryption by Anonymous Coward · · Score: 0

      That sounds profound only if you're a Colour-blind computer scientist; it would be boring nonsense to a lawyer because lawyers are trained to believe in and use Colour, and it's obvious to a lawyer that the Colour doesn't magically bleed to the entire universe through the hypothetical random files that might be created some day. You could create the file randomly, but you didn't.

      But this is betraying something here: There are actually two files. One of them is actually random. The other is derived from the random file and the copyrighted work. However, they both appear random -- so which one is the really random one and which one is the one derived from the copyrighted work? That's the "problem" in this case -- it isn't that distributing the derived file is not copyright infringement, it's that distributing the original random data is not copyright infringement and that there is mathematically no way to distinguish which chunk of random data is the original non-infringing random data and which is the one derived from the copyrighted work. Since you're getting them from two different people, one is infringing copyright and the other one isn't -- but which one is which? There is no way to tell.

    77. Re:Encryption by crosbie · · Score: 1

      These terms of which you speak have not been agreed between artist and audience, but between state and publisher. The state agrees to suspend the public's natural liberty to copy published works in order that publishers can exploit it to sell them the copies they are otherwise forbidden to produce.

      Even without this state granted privilege, an artist still wouldn't be able to contract a purchaser to alienate themselves from their natural liberty to produce duplicate or derivative works.

      Slavery is all about the alienation of a person from their natural right to liberty, whether to roam or to speak freely. Such liberty is freedom unconstrained except for the impairment of truth, violation of another's privacy, or the harming of another's life.

    78. Re:Encryption by jp10558 · · Score: 1

      Look at freenet which seems to already do this ... Many won't use it because they don't want to be any part of some distributions, whether it be piracy, child porn, or secret communications.

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    79. Re:Encryption by bigstrat2003 · · Score: 1

      These terms of which you speak have not been agreed between artist and audience, but between state and publisher.

      Not so. The state does not require the artist to sell their work for a fee. Copyright law is perfectly ok with an artist choosing to give their work away for free, it merely requires that the artist be the one to make that decision, not the consumer. The artist has offered his work on his terms, take it or leave it are your options... no differently than when you buy a pair of shoes at Wal-Mart.

      The state agrees to suspend the public's natural liberty to copy published works.... Even without this state granted privilege, an artist still wouldn't be able to contract a purchaser to alienate themselves from their natural liberty to produce duplicate or derivative works.

      No one has a natural liberty to produce duplicate works of someone else's creative work... because the work itself is the item of value, not the materials that reproduce it. When you make a duplicate of an artist's work, you violate his terms for making that work available to you. Derivative works is a bit different, and I'm not convinced that copyright should allow an author to block derivative works. That would be like saying that I can't take the metal in my forks, melt it down, and make spoons... clearly ridiculous.

      Slavery is all about the alienation of a person from their natural right to liberty, whether to roam or to speak freely.

      Slavery also encompasses forcing people to work for you against their will. If slaves in the south had been free to live wherever they wanted, as long as they continued to work for the benefit of their master, it would still be called slavery. And taking an artist's work against the terms he makes it available under IS forcing him to work for you. If you don't like his terms, more power to you... but in that case, you should negotiate with the artist to provide more favorable terms, or ignore his offer entirely. Making it a one-sided affair (where you benefit from his work, but give no compensation to him) is blatantly wrong, and it astonishes me how many otherwise reasonable people think this is ok, just because it involves labor of the mind rather than labor of the hands.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    80. Re:Encryption by GargamelSpaceman · · Score: 1

      I love the fact that you can put http://localhost//.../filename.mp3 into anchor tags in any html page and anyone with offilesystem installed will get the file. Search engines like Google are going to index web pages hosted in the normal way that contain links such as this.

      Those files will in turn link to other files on the OFFilesystem-web which will link to others layers and layers down that will contain illegal links. Google will not be able to filter the top level links out, and regular people can not be expected to click on every link of every page they link to examining every file to ensure it does not contain an illegal link to a copyrighted item somewhere buried many levels down.

      Google may as well install OFFilesystem and just index everything. How is this different from the rest of the web that may contain illegal pages? If google doesn't know what the urls are, how can they be held responsible for following them to perform indexing? If someone posts some copyrighted image illegally on the regular web, then google doesn't get prosecuted for indexing their page, or for crawling that page to index it, even though the act of indexing the page ( if it is copyrighted ) may mean downloading and reading through copyrighted material in order to index it. If google doesn't know the meaning of the URIs it indexes it should be as off the hook copyright wise as those who host blocks of 'random' data but do not know the uris. It's simply not practical examine all the data the URIs refer to and still index the legitimate stuff. We don't want to throw the baby out with the bathwater do we?

      That's another issue - what exactly is the baby if the bathwater is copyright infringement? Sure an artist can use this to post their art if they can't afford bandwidth, but there are other ways for artists to do this that are less - um - complicated. This PROTOCOL may very well be outlawed unless it can show legitimate value that obviously exceeds the 'value' of protecting copyrightholders. (TCP/IP was not outlawed because the internet at large is obviously more valuable to society than the interests of the RIAA for instance )

      An important question that will determine whether protocols like these can survive is this: What can they do legitimately that other protocols can not aside from making it easier for people to break the law? I personally suspect that some unique value will probably be found for the logic behind this, probably after the courts and congress have outlawed the fundamental logic ( such as distributed hash tables ) that this relys on.

      Another important question for p2p is resource allocation. Why should I let people use my computing resources if I can just leach? You probably won't be able to prevent leaches from leaching unless you require payment for resource use.

      One idea I've been mulling is digital currency ala e-cash.

      What if everyone minted their own digital currency, acting as their own central bank. They would pay for resources in the currency they mint. They would give value to their currency by accepting it in return for computing resources. ( the US gives value to it's currency by accepting it as payment of taxes ) Then if someone wanted to download something from you, you would accept only your own currency as payment. Perhaps an exchange counter server would operate for a premium so they could buy your currency with theirs. You could devalue your currency as much as you wished by minting it freely when you were broke, but you would increase your currency's buying power by providing computing resources.

      You might even be able to pay a service provider ( maybe someone who provides lots of computing resources such as bandwidth or data storage, or even the exchange counter, to buy some amount of your currency by paying them real money. This would have the effect of increasing your purchasing power )

      Of course the tax implications are dizzying...

      --
      ...
    81. Re:Encryption by smallfries · · Score: 1

      It is an interesting argument, and one question that it raises is what happens if you distribute the map, but not the chunks? This other angle is interesting from a legal angle because one of the block sources could be a public text, perhaps a chunk of Gutenburg or another easily acquired (and legal text).

      The other extension is what happens if we collude offline to make some blocks and a map. Then I distribute one, and you distribute the other. In this case the geek argument shouts "Aha we're both in the clear!", but legally that wouldn't wash. It would be obvious that we intended to violate copyright, and cases are largely run by peoples interpretation of the law.

      One thing that it does make clear is that copyright laws are broken, and don't make sense once everything is represented digitally.

      --
      Slashdot: where don knuth is an idiot because he cant grasp the awesome power of php
    82. Re:Encryption by Rary · · Score: 1

      Now, if you're going to pay for software you're going to pay more for source code than binaries, because the source is more valuable.

      If that were true, why would anybody use Oracle's RDBMS? It costs more than MySQL, and it's only a binary, whereas MySQL comes with the source.

      The reason companies do, in fact, use Oracle in the real world, is because the real value is not the source code, the real value is the service and support. Companies are happy to purchase a binary that comes with all the support that Oracle provides.

      I suspect that you're thinking about this primarily from the perspective of individual users, and more specifically, individual users who also happen to be developers. It's very different in the corporate world. Very few companies have any interest in the source code. They don't want to modify it. They want the vendor to do all the work. They want the vendor to be accountable if something goes wrong.

      Why should the simple act of a binary being published render the source code forfeit?

      I don't know, but that's what the GPL enforces. The theory is that it enforces freedom for the users. More freedom, in fact, than they would have if there was no copyright at all. Which is why, if you believe in the GPL, it would not be unnecessary in a world without copyright, since it does provide additional freedom.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    83. Re:Encryption by Requiem18th · · Score: 1

      When you say "According to RMS" it could be interpreted as if he was pushing some narrow view in others, one really has to explain the argument.

        At first it would seem like using non-free software is an entirely free choice and thus harmless or even benign.

        Inhaling crack the first time is also a free choice so it shouldn't be illegal does it? Closed source software is like crack, it creates a dependency which gives you power over other people, that's why it is unethical (note I said unethical, not illegal).

      --
      But... the future refused to change.
    84. Re:Encryption by stern13 · · Score: 1

      OFF is really just obfuscation. Also, the instructions how to put the non-copyrighted parts together are distributed openly, leaving the publishers vulnerable. Users seeking real security should go for anonymizing networks like Tor or GNUnet

    85. Re:Encryption by Rary · · Score: 2, Interesting

      You are endangering the public welfare because you are distributing something without any assurances that it is what you claim it is.

      But that only truly matters in any real sense if there's potential harm to those who use it.

      You don't like the ramifications. That's fine.

      Actually, I don't give a shit about the ramifications. This is all hypothetical, anyway. And I'm not the "retard" (as you so eloquently put it) who refuses to address the difference between a product that has safety concerns, such as toys, food, or medicine, and a product that does not, such as a Tetris clone, despite your own use of the phrase "endangering public welfare" with respect to that Tetris clone.

      All I can say is that I'd much rather live in a world with copyright and the GPL, as well as other licenses to choose from (choice is a wonderful thing), than a world without copyright that has your proposed mandatory source code forfeiture, where I could go to jail for putting a link on a website to a binary without source, all because you think that people are somehow in danger if they don't get to see the source code.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    86. Re:Encryption by Holi · · Score: 1

      I think a better description regarding copyright is "because the data is encrypted it is not distribution"

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    87. Re:Encryption by bluefoxlucid · · Score: 1

      Of course.

      But then, without copyright there is absolutely no need for the GPL.

      It's called MIT license.

    88. Re:Encryption by Actually,+I+do+RTFA · · Score: 1

      Sounds like the perfect argument for abolishing copyright -- even its greatest beneficiary doesn't need it.

      Err... my point was, with copyright, embrace/extend/extinguish works. Without copyright, scary.

      --
      Your ad here. Ask me how!
    89. Re:Encryption by maraist · · Score: 3, Interesting

      I read all the wiki had to offer. I agree that this is a problem - I'm going to see if I can post to their complaint forum as well.

      Basically you have a URL that contains 4 pieces of information.. A file name (largely meaningless except to the end user), a file-size, and 3 30-Byte SHA-1 hashes, referred to here as a 3-tuple (represented in HEX). You search the local disk cache for file names that match each of the SHA-1 digests. For every digest file not found, search the local network for a match and download the block locally (this is the peer-to-peer part).

      You XOR the contents of the 3 blocks (which happen to be sized at 128K - no significance) to produce the decoded data.

      The first decoded block (provided from the URL) is a sequential-list of 90 byte 3-tuples (similar to the original URL). The contents of all of these 3-tuples are the desired data, except the last 3-tuple which is a chain to the next descriptor block.

      The file-size tells you when to stop obviously.

      The 'theory' is that highly randomized data should be randomly reused by completely unrelated data.. .mp3 and .txt files, for example. Moreover, there is 'no way to reconstruct' useful data w/o the 3-tuple AND the file-size. However, small files will have a high probability of SHA-1 collisions (and thus corrupted data - they only talk about virus corruption, but there's the more important inadvertant collsions which overwrite valid data - BackupPC resolves this by creating MD5;1 MD5;2 file-names). The large 128K should alleviate this, but also assures a low probability of block reuse.

      The problem I see is that data-blocks are not inherently random by default.. In order to be practically random, you'd have to take the recommended 1TB file-system, randomize it - produce approx 8 million SHA-1 digests, then for each real-data insert, delete in an LRU fashion. Otherwise, if you only had a hundred-thousand blocks - It would not be THAT difficult to grab the first 30 bytes of every block and XOR them with several of the most recently inserted blocks until you found something that matched an existing file-name. If matched, try the next 30B, etc. Now you have a starting point AND the appropriate 3-tuple. You're only missing the file-size.. But if it spits out music in one of like 5 codecs, you've got a winner. Shouldn't be able to do statistical analysis to find random-noise or invalid media format. Many files contain internal end-of-file signifiers (.zip, .gz for example).

      With 8 million records, that becomes hard(er) to do. But how long does it take to initialize that?

      Now with respect to the network, there's no need to actually store the file-descriptor block remotely, Thus for highly sensitive files, you can probably encrypt the descriptor block and keep it locally (sharing on a private trusted network). But for text-based files, you'd probably still be weary of having network stored timestamp ordered data-blocks - as the contents of the last 100 blocks could easily be determined, (text files are not as order sensitive as mp3s and zip files).

      The stated goal is purely open, freely shared, perfectly legal data-store... Which allows the occasionally masked sensitive data. Though the RIAA/MPAA would read it as, a front for illegal data.

      They say they have better bandwith than obscured P2P networks, since you can allow open download by the RIAA as well as your clients, and it's all meaningless w/o the starting points/blocks. You do have a 3x bandwidth over a pure HTTP/FTP download - as you have to download 3 blocks to XOR against each other to produce 1 block of data. They suggest that once you have a descriptor block you 'should download the tuples in random order to reduce pattern matching by ISPs' which furthers the notion that this is for illicit purpose.

      I'm highly suspicious that the SHA-1 digests produce useful collisions and provide you bandwidth reduction via your local disk-cache for the above comments.

      I'm also

      --
      -Michael
    90. Re:Encryption by spazdor · · Score: 1

      As far as I can see, this tool is mostly a rhetorical gimmick, designed to make clearer the fact that there's no formal, rigorous distinction between the transmission of speech and the transmission of copyrighted material.

      This serves to illustrate why much of copyright law is inconsistent with basic engineering truths.

      --
      DRM: Terminator crops for your mind!
    91. Re:Encryption by JoelKatz · · Score: 1

      It doesn't matter legally how you do it, it only matters what you do. This whole effort is completely pointless.

    92. Re:Encryption by Jasper__unique_dammi · · Score: 1

      http://www.madore.org/~david/misc/freespeech.html Was a more useful explanation. If having a pad that 'allows someone to get the mp3' would be illegal, making someone a criminal would be a matter of finding _any_ sufficiently large file this person serves and making a bunch of pads of which a combination makes the mp3.

    93. Re:Encryption by cpt+kangarooski · · Score: 1

      Do you really not see the public benefit of intellectual property?

      Well, we seem to be talking about copyright here; let's not confuse matters with nonsense terms like 'intellectual property.'

      Anyway, speaking for myself, I think copyright is capable of yielding a tremendous public benefit. However, I think you'll agree that not all implementations of copyright would yield an equal public benefit, and that therefore we must not only 1) determine what the public benefit would be in the absence of copyright, so that we have a baseline to measure against, but that 2) we must strive to create a copyright system which maximizes the public good.

      Do you not see how in the absence of those "privileges" creatives would be even more at the mercy of businessmen then they are now?

      So? An author is not the public. While whatever benefit he enjoys from copyright may certainly be a factor worth considering, the public good is our overriding concern. Assisting authors is only of interest if doing so brings us closer to the maximum possible public benefit. If assisting them would take us further away from that, then we certainly must not do it. In practice, this will tend to mean that while authors might enjoy some benefit under an ideal copyright system, they probably won't enjoy the greatest benefit they could have, since it is so unlikely that the greatest public good is identical to the greatest authorial good. This is especially likely when you recall that authors are not a monolithic block; established authors will prefer to rent-seek, at the expense of up-and-coming authors who might upset the ancien régime if allowed to succeed.

      You can argue that the situation has gotten so bad that we'd be better off without copyright, but that is an unnecessarily extremist position.

      I agree. I don't think that we're at such a low point yet that we're below the baseline. However, I do think that we are terribly far from the optimal copyright scheme. Sweeping reforms are needed as soon as possible, but the longer they are in coming, the more that abolitionist sentiment will grow, I fear.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    94. Re:Encryption by cpt+kangarooski · · Score: 1

      So you are totally okay with a company publishing a manuscript against an author's wishes and keeping all the proceeds as long as the author's name is published?

      I think that the author ought to have the first bite at the apple, and that he ought not be compelled to create a work, or publish a work, or preserve a work from destruction, if he is otherwise inclined. However, if a work is created and extant, even in MS form, and if it legitimately winds up in the hands of someone who wishes to publish, I am not averse to publication against the wishes of the author. He ought to have a period of time in which he can be first to publish, but if he does not, then it is better that someone else does it than that the work is never published at all. The public benefits from the creation and publication of works. If the author won't step up to the plate, we ought to permit someone else to do so, rather than lose the work altogether.

      Consider the saga of Nabokov's "The Original of Laura." He didn't finish the work before his death, and wanted the manuscript destroyed. The literary world wanted it published. Finally, after dicking around for three decades, his son has decided to publish what there is of the thing. This is good. It certainly doesn't matter what the author wants; that's not the point of copyright.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    95. Re:Encryption by cpt+kangarooski · · Score: 1

      No one has a natural liberty to produce duplicate works of someone else's creative work

      Of course we do; we all do. It's called freedom of speech, and it not only concerns one's own speech, but also the repetition of the speech of others. (E.g. if I were to perform Shakespeare, and the government tried to stop me, I could assert my free speech rights and would surely succeed, even though I am not Shakespeare)

      This right is inherent and everlasting. Copyright is a temporarily and partial cessation of that right, but when the copyright term expires (and to various degrees even while a work is copyrighted) the right is no longer ceded.

      And taking an artist's work against the terms he makes it available under IS forcing him to work for you.

      No, because the actual labor is done. We do not enslave cavemen when we make fire without paying royalties. We do not enslave federal judges when we reprint the court opinions that they wrote in the course of their duties. I am not enslaving you when I include quotes from your post, just as you do not enslave the previous author when you quote him without his permission. Your argument is, in a word, dumb.

      it astonishes me how many otherwise reasonable people think this is ok, just because it involves labor of the mind rather than labor of the hands.

      No, that has nothing to do with it. The issue is that creating a work is an act of labor, but the work itself, having been created, is a mere good. Re-using that good simply does not result in causing the author to engage in the exact same amount of labor once again. If I reprint Shakespeare, and he's been stone dead for centuries, and likely wouldn't have wanted me using his work for free, being the business-mined sort of guy he was, how the hell are you even suggesting that I am enslaving him? Is he a zombie that I have set to work at a writing-desk? No. Please learn to distinguish between labor of the mind -- the act of creation -- and the fruits of that labor -- works -- which are not labor themselves, but merely a product. Brickmaking is labor, but bricks are not. Writing is labor, but writings are not. This is very straightforward.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    96. Re:Encryption by Hal_Porter · · Score: 1

      This is sophistry and if you try to use these sorts of arguments in court you will most likely lose.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    97. Re:Encryption by Hal_Porter · · Score: 1

      Exactly. And the point of the article I linked to is that the courts won't fall for it.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    98. Re:Encryption by Hal_Porter · · Score: 1

      So what though? It sounds like using Monolith or OFF system to violate copyright is illegal. No surprise there. Probably anyone running a Monolith server is also breaking the law too, so they could be sued a la Napster.

      Basically playing shell games with someone else's property is not a good idea, the courts will smack you down if you are caught, no matter how much you try to obfuscate what is going on by with phrases like "there is mathematically no way to distinguish which chunk of random data is the original non-infringing random data and which is the one derived from the copyrighted work"

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    99. Re:Encryption by Hal_Porter · · Score: 1

      Inhaling crack the first time is also a free choice so it shouldn't be illegal does it? Closed source software is like crack, it creates a dependency which gives you power over other people, that's why it is unethical (note I said unethical, not illegal).

      Pro tip: If you compare people selling 'closed source software' to crack dealers or Nazis or Nazi crack dealers, it is probably time to turn off your computer and go outside and get some exercise or something.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    100. Re:Encryption by oracle128 · · Score: 1

      No, that has nothing to do with it. The issue is that creating a work is an act of labor, but the work itself, having been created, is a mere good. Re-using that good simply does not result in causing the author to engage in the exact same amount of labor once again.

      The good is a fruit of that labor. How easily it can be reproduced is irrelevent. The fact that someone(s) consumed their own resources creating said good gives it inherent value. All trade works this way - the resources used in the labor are converted into the resources of the result, aka its value, much in the same way food is converted into energy to let you perform that labor.

      And taking an artist's work against the terms he makes it available under IS forcing him to work for you.

      No, because the actual labor is done.

      Just like how it's ok for your employer to refuse to pay you at the end of the month, because the labor is already done, so it's not like you're losing anything.

      We do not enslave cavemen when we make fire without paying royalties.

      Because fire is not patented, and cavemen chose to share the discovery with us.

      We do not enslave federal judges when we reprint the court opinions that they wrote in the course of their duties.

      Because government works are declared public domain, and judges are compensated for this with their paycheck from the government.

      I am not enslaving you when I include quotes from your post, just as you do not enslave the previous author when you quote him without his permission.

      Because quoting for context is deemed fair use, and he's posted it in a public place (the internet) and therefore is arguably assumed to be public domain. He's chosen, of his own free will, to make it available to the public - his compensation is a public forum where people may hear his opinions. You would rather force everyone to do this by taking away his right to choose its disclosure. If it walks like slavery, talks like slavery, smells like slavery...

      Your argument is, in a word, dumb.

      Yes, indeed it is.

    101. Re:Encryption by cpt+kangarooski · · Score: 1

      Just like how it's ok for your employer to refuse to pay you at the end of the month, because the labor is already done, so it's not like you're losing anything.

      No, there the trade is pay in exchange for labor. There's nothing wrong with payment merely being deferred to the next payday. What would the alternative be? The boss hands you a dollar every so many minutes?

      However, if I do some labor -- say, I give a client some advice on how to avoid infringing -- then why on earth would it make sense for the client to ask me to repeat myself if he runs into substantially the same situation again? Surely he can remember my advice and apply it again, without my earning a second fee. Knowledge is certainly a useful good, and the product of material labor, but it is not a consumable good. It is wrong to treat knowledge of any sort as if it were a rivalrous, consumable, material object, like a brick or an apple. To do so completely ignores the special attributes of knowledge.

      Because fire is not patented, and cavemen chose to share the discovery with us. ... Because government works are declared public domain, and judges are compensated for this with their paycheck from the government. ... Because quoting for context is deemed fair use, and he's posted it in a public place (the internet) and therefore is arguably assumed to be public domain.

      None of those are particularly good arguments, because you are putting the cart before the horse, as it were. Previously, you seemed to be arguing that the law should be written in such a way to aid authors because authors deserve it. With these arguments, however, you are saying that whatever the law is, it is correct, regardless of how it treats authors. (Or perhaps that the law as it currently stands is ideal, which I doubt that anyone believes) If you're sticking with your most recent statements, then you must surely agree that if we were to abolish copyright by legal means, that this would be entirely appropriate, and that authors would not suffer ill effects as a result. After all, it's only the current law that makes fire unpatentable, that makes United States works public domain, and that results in fair use.

      Oh, and BTW, posting a creative work in a public place does not affect the copyright status of the work; it is still copyrighted, and it is not in the public domain. Further, if the work were in the public domain, you could not engage in fair use with respect to that work, since you wouldn't need to; fair use is a defense against infringement, and only applies as to copyrighted works.

      You would rather force everyone to do this by taking away his right to choose its disclosure. If it walks like slavery, talks like slavery, smells like slavery...

      No, not at all. Here is my position on the subject, stated plainly:

      Authors should have total freedom to decide whether or not to create works.
      Authors should have total freedom to decide whether or not they wish to disclose those works to any person or persons, including outright publication.
      Authors should have total freedom to decide whether to preserve or destroy those copies of their works which they own.

      However, if an author reveals his work to another person, and the author fails to publish his work after a reasonable period of time after having created it, then that other person should have the right to publish the work despite the author's wishes.

      This is because everyone has an inherent right to publish anything they like, whether they wrote it or not. We might temporarily restrict that right so as to encourage authors to create and publish works themselves. However, if they fail to take that encouragement, the next best thing we can manage is for someone else to publish the work. Naturally, they wouldn't be able to copyright it -- they're not the author! -- but at least it gets the work out there, which is more than the author ever did.

      In such a situation, the author had his chance, and ignored i

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    102. Re:Encryption by JoelKatz · · Score: 1

      Right, but every form of encryption does this. Simply store the files encrypted and anyone who stores them for you or give them to someone else has plausible deniability.

      This system doesn't add anything. Worse, its authors make numerous false claims about it.

      FedEx probably occasionally ships child pornography through no fault of their own. But if you tell them "I'm going to be shipping 100 packages through you and 10 of them will be child pornography and you won't know which so it's not your problem" they will tell you to go take a hike. Anyone who joins this system specifically because it hides copyright is like FedEx taking that person's business.

    103. Re:Encryption by Anonymous Coward · · Score: 0

      You are handwaving. While courts may not like the argument, the plaintiff still needs to provide proof (in criminal cases) or at least plausible conjecture (in civil cases), neither of which he can.

    104. Re:Encryption by elem · · Score: 1

      But what you've just described there =is= copyright!

      You're saying that the creator of the work - the author, should be given the chance to profit from the work for a period of time, but that if he doesn't, then it's in the public interest for someone else to publish it.

      Seems to me that that is exactly what the copyright system exists to do. To ensure that the creator can benefit from their works, but also to ensure that the work reverts to the public after a period of time.

      So it would seem that you agree with copyright, you just think that the period of time which it lasts for is too long - which is something I'd definitely agree with.

      So the question has to be, what is the optimal length of time that copyright should last so that it ensures that a content creator has a fair chance of being rewarded for his work (thus providing the incentive to create said work), whilst also maximizing the gain to culture as a whole by ensure that it reverts to the public in a timely enough manner.

    105. Re:Encryption by Hal_Porter · · Score: 1

      You are handwaving.

      No I'm not, the people talking about how the bits of the encrypted, pirated files being indistinguishable from random are. The courts are bound to find some way to shut down this sort of service if it used for copyright infringement. Look at Napster or any of the torrent sites. Everytime they go to court no amount of technobabble can save them. You may not like that, but it's a fact.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    106. Re:Encryption by eye208 · · Score: 1

      Except that is probably bullshit to copyright lawyers

      The goal of this system is not to invalidate copyright law. In fact copyright law is part of the show.

      Every binary file is a number. Let's say 13 is a copyrighted movie. Now the MPAA may take you to court for sharing 82, claiming that it is an encrypted version of 13. But in order to prove that 82 = 13 + 69, they need to find 69, which is another random number stored on someone else's computer. 82, on the other hand, may also be 37, a collection of your own private photos, encrypted with random number 45, which in turn is an encrypted version of 21. And so on.

      It's impossible to tell which of the random numbers actually represents 13, the copyrighted movie. And the MPAA itself may need to infringe copyrights in dozens of cases before it even gets to the point of suing anyone in particular, because obviously it cannot just claim exclusive ownership of every random number.

      On the other hand the person sharing 82 can plausibly deny possession of 13. Since it is impossible to locate 13 in the pool of random numbers, it is also impossible to tell who injected it in the first place.

    107. Re:Encryption by oracle128 · · Score: 1

      No, there the trade is pay in exchange for labor. There's nothing wrong with payment merely being deferred to the next payday. What would the alternative be? The boss hands you a dollar every so many minutes?

      The labor vs compensation of a blue collar worker is no different to that of an artist. All you're doing is applying one rule for artists, who you obviously despise, then mincing words and applying a completely different rule to yourself in order to not look like an ass.

      However, if I do some labor -- say, I give a client some advice on how to avoid infringing -- then why on earth would it make sense for the client to ask me to repeat myself if he runs into substantially the same situation again? Surely he can remember my advice and apply it again, without my earning a second fee.
      ...

      You wouldn't have to repeat yourself, and you shouldn't. The client should remember that knowledge and apply it in the future. That's why people whose labor has more potential future value charge more than people whose labor is worth only what you gain immediately. Consultancy is a good example - do you really think a consultant is going to charge only for the 1 hour it takes them to present their advice? Or do you perhaps think the consultant will be charging with the potential value of their teachings in mind? And if you were the consultant, do you think you would be terribly happy if, after your first lecture, all your lecture content was taken, word for word, and provided to everyone else for free?

      And what about currency? According to your ideals, a $100 note is worth exactly what it cost to produce it, and not some perceived, social value.

      None of those are particularly good arguments, because you are putting the cart before the horse, as it were

      Because you say so, of course.

      Previously, you seemed to be arguing that the law should be written in such a way to aid authors because authors deserve it.

      Check the username and try again.

      Authors should have total freedom to decide whether or not they wish to disclose those works to any person or persons, including outright publication.

      Unless you, as a consumer, decide differently. That's essentially what you're saying.

      However, if an author reveals his work to another person, and the author fails to publish his work after a reasonable period of time after having created it, then that other person should have the right to publish the work despite the author's wishes.

      And a "reasonable time" would be what? 5 minutes? 10 minutes? Please. Downloading a new release movie, or the latest Miley Cyrus single, or whatever the hell you kids do with your tax payer-funded school internet these days surely cannot be defended with what you're proposing.

      At no point did anyone ever make the author do anything. He didn't have to create the work, he didn't have to share it, and he didn't have to ignore it.

      No, he chose to do these things. You just want to lure him in with the illusion of compensation for his labor, then exploit him for all he's go afterwards. Yeah, I totally see what a fair, (sym)pathetic person you are. You may as well have claimed "He didn't have to black, he didn't have to come to America. He just cannot force someone else to not enslave him."

    108. Re:Encryption by Anonymous Coward · · Score: 0

      I think the problem is even more simple than this. By OFF posting up how this avoid copyright they have implied and condoned the use of their system for the transfer (at the very least) of copyright material. Legally they have admitted that their system can be used for illegal practices and a court of law would find that their wording encourages it, certainly condones it. Finally while this may be a more cunning way of not getting caught transfering an .mp3 I'm pretty sure that a single data packet through an ISP is as random as one of their blocks. as smallfrieds said - intention is what counts in a legal system not the actual action. To take an extreme example (which has a thousand holes in i know but it illustrates the point). You can be convicted of attempted murder. Technically until your victem is dead you haven't commited murder but to say that firing a shotgun into them is grevious bodily harm would be something of an understatement. Anything that sets out to avoid a law will almost certainly be hit hard in a court - and if it dodges it the first time it will have the law changed because of it and hit so much a second time.

    109. Re:Encryption by makomk · · Score: 1

      The clever trick with this is that, although one of the three XORed blocks of data was constructed from the original file, it's difficult to prove which, since all three are potentially used to construct other files. I'm not sure how well this will work, either legally or practically.

    110. Re:Encryption by Anonymous Coward · · Score: 0

      If "they'll find something, regardless of what you are saying" isn't handwaving, then nothing is. The Pirate Bay is as high profile as they come, but they haven't been shut down, have they? Freenet can be used for copyright infringement, but it's not illegal to maintain a freenet node. The courts must follow rules, and one of these rules is that you can't convict someone without evidence.

      BTW, the advantage that you don't reveal what you download or upload is also useful purely for enhancing your privacy. Businesses and governments around the world are getting nosier.

    111. Re:Encryption by hummassa · · Score: 1

      And Medium is liable for copyright infringement. And Ghost Whisperer's
      copy is not a legitimate copy, so it cannot be sold or otherwise
      distributed.

      I don't know what you are talking about here.

      I understand that copyright can be used by the owner of a work to sue
      the producer of an unauthorized representation of that same work.

      In the case of OFF, the distributor of the URL containing the
      instructions referring to the OFF would seem to be liable.

      What is interesting, however, is that anyone who merely stores or
      distributes blocks in the OFF would seem, at least according to the
      Colour theory, not to be liable for anything.

      You agreed with me in almost anything, i think: what makes Medium liable for copyright infringement is the fact that she transmitted (="distributed") the poem (="the work") to GW. So, putting blocks in the OFF is akin to make a backup copy of the poem. Making the URL available is offer to distribute (not copyright infringement in my jurisdiction, IIRC), and when some receiver make good on that offer, the sender is liable for copyright infringement (if [s]he has no legal right [first buy, fair use, express consent of the owner, etc] to do so, of course).

      IANAL, was a paralegal for two years, YMMV.

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    112. Re:Encryption by cpt+kangarooski · · Score: 1

      But what you've just described there =is= copyright!

      When did I ever say that I was opposed to copyright? I'm in favor of reform, not abolition. Sweeping reform.

      Seems to me that that is exactly what the copyright system exists to do. To ensure that the creator can benefit from their works, but also to ensure that the work reverts to the public after a period of time.

      Well, no. That's the kind of thinking that got us into this mess. Copyright isn't meant to help creators at all, except in an incidental manner. The goal of copyright is to promote the progress of science, which consists of 1) causing works to be created and published that otherwise would not have been, and 2) having any restrictions on the public with regard to those works be as minimal and as short-lived as possible. The goals are of roughly equal weight, with a little more afforded to the second goal. The means by which copyright tries to achieve the first goal are restrictions on the public, to the benefit of the author, but benefiting the author isn't a goal in itself, and in fact is in opposition to the second goal. Further, since the amount of benefit the author receives doesn't scale linearly (going from zero years of copyright to one year is worth a great deal to the author, but going from one million years to one million and one years is very nearly worthless, even though both consist of one year's worth of copyright), the second goal really comes into play, and insists that copyrights be weak and short-lived so that authors are just barely incentivized to create and publish, which is all we want them to do. There's no value to the public in giving them an iota more of anything, though. If some authors hold out for a lot, we must recognize that the public may be better off without giving them what they want; the amount of copyright it takes to encourage some works may come at too great a cost. We want the most net public benefit, i.e. the most works created and published (good) for the least amount of copyright (inherently bad).

      So it would seem that you agree with copyright, you just think that the period of time which it lasts for is too long - which is something I'd definitely agree with.

      No, I think there's a lot of problems. I wouldn't grant copyright to entire classes of works, I'd require formalities, I'd limit the effects of copyright on certain segments of the public, etc. Term lengths are not even the most important reform I can think of, though they do need to be drastically shortened.

      So the question has to be, what is the optimal length of time that copyright should last so that it ensures that a content creator has a fair chance of being rewarded for his work (thus providing the incentive to create said work), whilst also maximizing the gain to culture as a whole by ensure that it reverts to the public in a timely enough manner.

      You're thinking in the right direction, though in fact 1) it's not just the length of time, but also the scope of copyright. For example, if authors would create and publish an entire class of works sans copyright (e.g. architectural works), then there is no need to give them copyright, since it would have no positive effects for the public (as has been seen in the architectural field since 1990, when copyrights went into effect; there's no surge of new buildings that isn't attributable to other reasons, such as dot-coms being able to afford new buildings during the boom). 2) Helping authors is merely a means to an end, and not an end in itself. The only purpose of copyright is to maximize the net public benefit in relation to creative works. If aiding authors furthers that goal, then do it. If not, then don't. Certainly don't try to maximize authorial benefit at the public expense. Rather, give them as little as possible whilst milking them for as much as you can get.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    113. Re:Encryption by cpt+kangarooski · · Score: 1

      All you're doing is applying one rule for artists, who you obviously despise,

      Oh, I don't despise authors (i.e. creators). I used to support myself as a visual artist before I got into law, and I have plenty of authors as clients. But in discussing policy matters, I know that the public good is everything, and authors are quite incidental.

      Consultancy is a good example - do you really think a consultant is going to charge only for the 1 hour it takes them to present their advice? Or do you perhaps think the consultant will be charging with the potential value of their teachings in mind? And if you were the consultant, do you think you would be terribly happy if, after your first lecture, all your lecture content was taken, word for word, and provided to everyone else for free?

      Well, you're answering your own question. If there's a danger of your advice being repeated without your involvement, you'd best charge more up front, since you're not going to see much repeat business. For example, there's that self-help video 'The secret,' which is currently selling on Amazon for about $17. As I understand it, the secret is apparently 'Wish for things hard enough, and you will get them,' which is rather dumb. Have I committed a grave offense just now? I don't think so. OTOH, are you less likely to buy a copy, reducing the amount of money the author receives? Probably.

      And a "reasonable time" would be what? 5 minutes? 10 minutes? Please.

      In the case of an unpublished work, I'd say somewhere around 20 years, tops, with publication defined very broadly. For published works, another term of copyright would apply, along with formalities the author must undertake in order to secure and maintain whatever rights he might seek. After all, we don't want to encourage authors to create works and then just sit on them. We want those works published.

      You just want to lure him in with the illusion of compensation for his labor, then exploit him for all he's go afterwards. Yeah, I totally see what a fair, (sym)pathetic person you are.

      That's about right. I've not claimed to be fair or sympathetic. I want to maximize the public benefit, which means exploiting authors. I don't mind compensating them, if that's what it takes, but I certainly would not do so to excess. A good analogy would be a dairy: The dairy farmer just wants cheap milk to sell so as to maximize his profit. If he could magically get milk without the expense of cows, that would be great. Lacking that ability, the solution is to get the greatest yield of milk for the least cost. If that involves making the cows happy, so be it. If not, then that's okay too.

      So I'm perfectly happy to give authors a reward in the form of copyright if it is the public interest. I have no need for trickery. But I would not give authors anything for their own sake, or anything beyond what best serves the public interest. Incentivizing them needn't go to excess. And it's certainly not slavery to do this. This is a lot like the job market in first world countries: Offer a wage for work, and ensure the wage is high enough to get the workers you want, but low enough that you're not paying them a penny more than it takes to get them working. They're consenting to work for the wage, even though it's the least they'd be willing to take; it's not slavery, just bargaining. If there's an author out there who feels insufficiently compensated, despite the fact that copyright could not possibly be increased enough to attract him and still serve the public interest as best as possible, let him get a job doing something else.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    114. Re:Encryption by oracle128 · · Score: 1

      Well, you're answering your own question. If there's a danger of your advice being repeated without your involvement, you'd best charge more up front, since you're not going to see much repeat business.

      So you're saying an artist should charge their first customer 1 billion dollars, then give away their work to every subsequent user? Sure, that could work. You first.

      I want to maximize the public benefit, which means exploiting authors.

      And here we have it, the crux of your extremist utilitarianism views. "The ends justify the means", as they say. You have no problem exploiting someone, as long as it benefits everyone else, no matter what the cost to that person's human rights. As long as that person isn't you, right? Big surprise there. With a view like that, it's no wonder people think you're crazy. Unless you have a compelling reason why an intelligent being such as myself, should attempt a rational debate with someone as admittedly irrational as you, this argument is over.

    115. Re:Encryption by Alsee · · Score: 1

      Anyone interested in copyright who hasn't already read What Colour are your Bits really should do so.

      Now on to the file system in this article. I thought of almost exactly this system a couple of years ago, so I already considered exactly this legal analysis. The creator is mostly mistaken about escaping copyright with the randomized files. Exactly one out of every three data chunks will be infected by copyright-colour. Under the right circumstances it is impossible for anyone to ever determine which of the three data blocks carries the copyright-colour. This actually has some interesting legal implications.

      In civil court the standard of proof is that you have to show a greater than 50-50 chance that the person is "guilty" of infringing the copyright. If you have three data chunks for some copyrighted file spread across three different servers redistributing those chunks, and you don't know which chunk is carrying the copyright colour, then you can't successfully sue any of the three in civil court for copyright infringement. You would have to find one server serving up at least two chunks for the same file to demonstrate more than a 50% chance that they are infringing.

      However this file system does not operate in an ideal manner to reliably apply the above legal situation. As I said, under the right circumstances it is impossible for anyone to determine which of the three data blocks carries the copyright-colour. However instead of using two completely random colourless data chunks when creating the new colour-carrying third chunk, this system grabs two old chunks from the system to fill the role of the two colourless blocks. This has the advantage that you effectively triple your disk storage ability. It also has the disadvantage that it is then specifically the third block added to the system that is carrying the copyright-colour for that file. In general it will probably be pretty difficult for someone trying pin down which of the three chunks is the colour-carrying chunk from some specific file, it does open up several possible avenues of attack to figure it out. And then they could sue the person distributing that particular chuck.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    116. Re:Encryption by Alsee · · Score: 1

      Do you really not see the public benefit of intellectual property?

      Intellectual property has no public benefit at all. It is a pure harm.

      Now if we can abolish the oxymoron "intellectual property", then perhaps we can proceed to consider both the costs and the benefits of copyrights and patents and trademarks and trade secrets.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    117. Re:Encryption by Hal_Porter · · Score: 1

      If "they'll find something, regardless of what you are saying" isn't handwaving, then nothing is. The Pirate Bay is as high profile as they come, but they haven't been shut down, have they? Freenet can be used for copyright infringement, but it's not illegal to maintain a freenet node. The courts must follow rules, and one of these rules is that you can't convict someone without evidence.

      BTW, the advantage that you don't reveal what you download or upload is also useful purely for enhancing your privacy. Businesses and governments around the world are getting nosier.

      People have tried to shut down the pirate bay, but it is based in Sweden where it is legal to index torrents that violate copyright. But in probably any other country it would be illegal. Certainly equivalent sites in the UK and US have been shutdown. And people who use the torrents have been prosecuted successfully in most countries, including Sweden. But the RIAA or rather its Swedish equivalent can't shut the site down because it is in Sweden.

      Ok, in Sweden this sort of sophistry might work. But I don't think it would in the US or UK and probably not in most other EU countries. And it was those countries I was talking about.

      By the way private downloads are also useful if you want to download kiddie porn. How do you feel about that?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    118. Re:Encryption by Anonymous Coward · · Score: 0

      People have tried to shut down the pirate bay, but it is based in Sweden where it is legal to index torrents that violate copyright.

      Exactly. It is legal. Just as legal as publishing random data is in other countries. However, it is illegal to take someone to court without having evidence against them. I'm sure there are quite a few people in Sweden who would like to see the Pirate Bay go down, but they can't take them down, because that would be illegal.

      By the way private downloads are also useful if you want to download kiddie porn. How do you feel about that?

      That's the cost of living in a free world, like the number of kids who die in car accidents because we don't find it convenient to walk everywhere. It doesn't mean we can't go after people who molest kids. It just means that we have to do actual police work instead of simply putting everybody in a panopticon.

    119. Re:Encryption by user317 · · Score: 0

      this is a dumb idea. Why even bother distributing random chunks of data? Everyone can agree on a set of algorithms for psuedo random numbers and "files" can be represented as set of seeds. OMGBBQ i just invented a way to distribute data without anyone having any data at all. How can you claim copyright on that? Well, like the previous posters said, the way something is represented is irrelevant. Whether its a range of numbers in pi that magically match the binary representation of an mp3 that sounds just like Metalica, or that song etched into a plastic disk, its still the same "work" which is copyrighted by law.

      --
      me fail english? thats unpossible
    120. Re:Encryption by Hal_Porter · · Score: 1

      By the way private downloads are also useful if you want to download kiddie porn. How do you feel about that?

      That's the cost of living in a free world, like the number of kids who die in car accidents because we don't find it convenient to walk everywhere. It doesn't mean we can't go after people who molest kids. It just means that we have to do actual police work instead of simply putting everybody in a panopticon.

      Well if the downloads were truly private you won't be able to go after people downloading them. Actually the link between anonymity and child porn is not theoretical. I suspect if you built a true darknet and it became popular it would be full of that stuff. At least in the UK and US, tabloids would find out and it would get shut down or at least blocked.

      E.g. 4chan got blocked in the UK by some ISPs because the moderators weren't removing illegal material
      http://en.wikipedia.org/wiki/4chan#Blocks_in_the_UK

      Actually since the darknet would also be contributing to copyright infringement on massive scale, the representatives of the copyright owners would probably tip off the tabloids.

      The problem is that building darknets and having them blocked might well lead to all sorts of restrictions on "Your rights online" as slashdot likes to call them, given that the people passing laws really don't understand technology. I think that's what annoys me about the whole darknet concept. You're essentially building a lawless anarchy. Very nasty people will move in and then the powers that be will restrict everyones rights when they pass some ridiculous law that forces ISPs to be act as censors. So the net result of this sort of thing may well be less freedom, not more.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    121. Re:Encryption by Anonymous Coward · · Score: 0

      You're kidding, right? "Let's not build that, because they might take it away." If we're really that fucked, then we should definitely get this going, because we'll need a system which is resistant to censorship.

      The lawless anarchy argument is bullshit. "How are we going to catch the criminals if we can't watch everyone whenever we want?" Computers must have made law enforcement incredibly lazy. Or is it just an argument which big brother politicians invented with no basis in reality? Control must be hard, so that it is infeasible to use it for more than catching criminals. Otherwise it's going to be used to replace freedom with obedience.

    122. Re:Encryption by elem · · Score: 1

      I think that after reading quite a few of the very anti-copyright posts above, I took an overly negative reading of your post - which reading it again is not the case.

      On most levels I think that we pretty much agree with each other, we're just coming at it from slightly different points of view. However, I think that you're confusing copyrights with patents to an extent.

      Copyright isn't meant to help creators at all, except in an incidental manner. The goal of copyright is to promote the progress of science, which consists of 1) causing works to be created and published that otherwise would not have been, and 2) having any restrictions on the public with regard to those works be as minimal and as short-lived as possible.

      The above is the purpose of patents - to ensure the progress of science by ensuring that works are created and published such that they end up in the public domain after a period of time. This, as it turns out, is in many ways the opposite of what copyright was designed to achieve.

      Copyright law as we think of it now, came into being in 1710 in England. At that point, it was intended to protect an author's 'natural right' to benefit from his works first, and for the work to be placed into the public domain second. This came into being as both a reaction to the monopolistic practices of the Publisher's Guild (the Stationers' Company) at the time, and as a response to the unregulated copying of texts at a time when printing was seen as a threat to monarchy.

      When the Statue of Anne was passed in 1710, the right to have exclusive control over the publication of a work was moved from the Guild to the Author, and a limit was placed (initially 14 years plus 14 years) on how long that right would last. There was no mention of the limit existing for the good of the public - it would seem that the view was that after that exclusive right had expired, other people should be able to make money from it as well.

      None the less, I think that we're mostly on the same wavelength here - especially when it comes to the point of view that copyright as it stands is in sore need of reform.

    123. Re:Encryption by cpt+kangarooski · · Score: 1

      However, I think that you're confusing copyrights with patents to an extent.

      I don't think that I am.

      The above is the purpose of patents - to ensure the progress of science by ensuring that works are created and published such that they end up in the public domain after a period of time.

      No, although both are utilitarian doctrines and there are some broad similarities.

      Patents exist to promote the progress of the useful arts by encouraging the invention, disclosure, embodiment, and bringing-to-market of novel, non-obvious, useful inventions, and by causing those inventions to enter the public domain as quickly and fully as possible, by imposing formalities that must be met rapidly in order for an invention to be patentable, by limiting the coverage of the patent if granted, and by limiting the length of the patent term so that the disclosed patent rapidly enters the public domain.

      Don't be confused by the 'science' / 'useful arts' wording. The English language has changed a fair bit since the Constitution was written in the late 18th century, and people often stumble over the wording of the copyright and patent clause. If you consult a good dictionary -- the OED, say -- you'll see that at the time, science referred to general knowledge, and the arts were applied technologies. There are still some remnants of the latter, such as the importance in the patent field of prior art, how patents ultimately deal with state of the art technologies, the concept of a person having ordinary skill in the art, etc. And of course, in copyrights, there is the utility doctrine, which prohibits some works from being copyrightable if they're useful, since utility is exclusively the realm of patents. Copyright's idea/expression dichotomy has a similar basis. Plus, the Constitutional clause is written with copyrights first, patents second: science / useful arts; authors / inventors; writings / discoveries.

      And BTW, patents deal with inventions, not creative works. Works are the realm of copyrights.

      Anyway, you'll find that my summation of the purpose of copyright is correct. Copyright serves two public interests: the interest of having works created and published, and the interest of having works in the public domain. Without copyright law, the second interest is wholly satisfied, but the first is only somewhat satisfied. (Obviously some works are created in the absence of copyright, as our pre-Anne history proves) Providing an incentive to authors in the form of a copyright can inventivize a great deal of creation and publication, but diminishes the satisfaction of the second, equally important interest. If copyright is minimal, yet has a tremendous incentivizing effect, then the gains derived from copyright may outweigh the harms that inevitably result, making for a net public benefit and a worthwhile copyright system. But since the incentivizing effect doesn't scale in a regular, linear fashion, adding more copyright (at the expense of the second interest) only works for so long before you reach the maximum possible net public benefit. Beyond that point, if you keep going, you have an ever more burdensome copyright system for less benefit (and all else being equal, where two options yield an equal net public benefit, you should always choose the least burdensome) until you wind up with a net benefit that is equal to the net benefit from when you didn't have copyright at all. Go further than that, and you've got copyright law that makes the public worse off than if there was no such law at all!

      At that point, it was intended to protect an author's 'natural right' to benefit from his works first, and for the work to be placed into the public domain second.

      I'm going to go out on a limb here, and guess that you haven't actually read the Statute of Anne. First, we just call it that. The actual name of the law was "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein me

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    124. Re:Encryption by cpt+kangarooski · · Score: 1

      So you're saying an artist should charge their first customer 1 billion dollars, then give away their work to every subsequent user? Sure, that could work. You first.

      Don't you recall that in fact, that's what I do? I give my clients legal advice for a fee, and I lack the ability to prevent them from sharing that advice with others, even though it might undercut me. You didn't seem to have a problem with it just a few posts ago.

      Further, that's a legitimate strategy for authors to recoup costs. One variant of it is called the Street Performer Protocol, in which an author creates a work, and places it in escrow, and then asks for his audience to enter into a subscription for the work. Their money also goes into escrow, and when the payments from however many members of the audience chip in meets the asking price, the money goes to the author, and the work goes to the public. If the work is a dud, he'll likely get little repeat business (just as with any flop author). If the asking price is too high for the interested audience, he may have to lower it, or else find a more rewarding line of work. It's also a decent way for a mass audience to seek to have a work commissioned by pooling their money and listing the requirements the author will have to meet.

      And here we have it, the crux of your extremist utilitarianism views.

      No, I'm really only a utilitarian with regard to a few very limited areas. Copyright is one. In fact, I'd say that I've got a lot of altruistic tendencies in me. But we're not talking about that, we're talking about copyright, a purely utilitarian field.

      "The ends justify the means", as they say. You have no problem exploiting someone, as long as it benefits everyone else, no matter what the cost to that person's human rights.

      Well, it's funny you say that. There is no human right of copyright. This is as expected: copyright is a negative right, that is a right to compel other people to not do things which they are otherwise entitled to do. I can't really think of any human rights to force one's will upon another. In fact, copyright is directly opposed to the human right of free speech and press, which encompasses the right to repeat and reprint what someone else has already created, regardless of whether they approve.

      So if we're going to have copyright, it means a degree of infringement on the free speech right of everyone other than the author, so that the author has a copyright, i.e. a right to prevent the rest of the world from freely exercising their human rights to the fullest extent. Provided that it yields a net benefit for all of those other people, then I can see that copyright is tolerable, if of debatable worth.

      I doubt, however, that this is what you were accusing me of believing.

      As long as that person isn't you, right?

      No. I don't mind some other person having a copyright which requires that I not fully engage in free speech. Provided, as always, that I am somehow benefiting from my sacrifice more than I lose. As I've said many times before, I'm not opposed to copyright, I just want copyright to provide the greatest possible good for the public. Whatever configuration of copyright does that, or at least comes closest, I'll support.

      With a view like that, it's no wonder people think you're crazy.

      That's interesting; I've had my disagreements with people, but I don't recall getting many complains of insanity. In fact, my experience has been that usually people see it my way. Lockeans don't, but they tend to either be 1) people who don't give copyright much thought, and go with a gut instinct, and so are easily brought around to utilitarianism when a good argument is made, or 2) confirmed Lockeans, who have considered and rejected utilitarianism, and who are rare.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    125. Re:Encryption by oracle128 · · Score: 1

      Don't you recall that in fact, that's what I do? I give my clients legal advice for a fee, and I lack the ability to prevent them from sharing that advice with others, even though it might undercut me. You didn't seem to have a problem with it just a few posts ago.

      How convenient, then, that the shoddy legal advice that you provide isn't relevent to the general population. You fantasize about stories of not having to repeat yourself to provide the same information and so on, and yet that's exactly what you do, provide the same advice over and over to different people. Except luckily for you, the law provents that advice from applying from applying to any general circumstance. Unlike, say, and artist, whose knowledge and works are always received by the end user in exactly the same way, and who truly does suffer from the ability of some random moron to claim it their God-given right (under the guise of "Free Speech!", no less) to copy and redistribute that work as they see fit. In other words, to deprive the author of their right to control who gets to benefit from their work; an act which you condem with one sentence, yet in the very same breath encourage, naturally because it doesn't harm YOU personally. Because at the end of the day, that's what it's all about really: what is the most benefit to You, no matter who you have to step over to get it. Because god forbid, you should see yourself in their shoes and consider how they would feel, an ability otherwise known as empathy, which any normal, rational human being would have.

      But of course, we've already shown that you're not a rational being by any means, and as we know, irrational is the defifition of crazy. Let's see other ways that you've proved that:

      Well, it's funny you say that. There is no human right of copyright.

      Well, it's funny because I never said that. I implied that a human has a right to not be exploited and manipulated by self righteous assholes like yourself. You turned it into a day job. Well done.

      Provided that it yields a net benefit for all of those other people, then I can see that copyright is tolerable, if of debatable worth.

      You just try that then. Take away copyright law. And while you're at it, take away defamation and slander, because they too are evils impeding freedom of speech. I'm wondering what you're going to do when the world's major newspapers start claiming you're a paedophile. We won't have to worry about copyright infringement, because without the guarantee of compensation that copyright grants, there won't be any incentive to create content in the first place.

      Further, that's a legitimate strategy for authors to recoup costs. One variant of it is called the Street Performer Protocol, in which an author creates a work, and places it in escrow, and then asks for his audience to enter into a subscription for the work. Their money also goes into escrow, and when

      Without copyright law, what exactly is going to stop the escrow service from publishing the work before the defined amount is reached? Or what happens if someone steals the work from the artist or the escrow service? They won't have done anything wrong, because there's no law to prevent it. Further, in your ideal world, they'd actually be praised as a hero, for benefitting the greater good.

      And how, exactly, does the artist get people to put in a bid for his work? He's basically relying on people to pay for him purely on the trust he's any good. He can't provide people a sample of his work, because being played to an audience automatically means it goes to the public domain. How do the people tell the difference between an undiscovered indie mozart, or another potential Peter Andre? Your theory is full of caveats for both artists and buyers, I'm surpised you could even for a second consider this swiss cheese idea. Yet another sign of irrationality.

    126. Re:Encryption by cpt+kangarooski · · Score: 1

      How convenient, then, that the shoddy legal advice that you provide isn't relevent to the general population.

      What makes you suppose that it's shoddy? My position on the foundations of copyright, or what reforms I would like to see, have little, if any, bearing on my knowledge of what the law currently is.

      Except luckily for you, the law provents that advice from applying from applying to any general circumstance.

      Well, that really depends a lot on what is asked of me. In most any case where an author asked me whether or not they should bother to register their copyrights, I'd probably say that they should. Usually if it's worth raising the question, or even if it is merely going to be publicly displayed, performed, or distributed, it's worth registering. OTOH, if I was asked to negotiate an agreement and draft a contract accordingly, that's very bespoke work.

      Authors experience a similar range of work. Sometimes art can be enjoyed by a general audience, such as a sculpture in a park. Other times, the audience is very limited, and will often be closely involved in the creative process, such as a commissioned portrait which will be displayed in a private home.

      In other words, to deprive the author of their right to control who gets to benefit from their work

      Authors don't inherently have such a right, however. They have a right to choose to create, to choose to show or share their creations to or with the public, and if they have not let their work slip from their grasp, to destroy it. But if the public has somehow acquired a copy of the work, then the only rights that the author can exercise over members of the public are whatever the public has seen fit to vest in the author.

      You raise the idea of a right to benefit from a work. That idea doesn't really appear in copyright law as it currently exists, at least in the US. For example, an author has a right to decide when he wants to distribute a copy of his work, but having done so, anyone can distribute it further without permission or compensation. So if Alice is a painter, and sells a painting to Bob for $1, Bob can turn around and sell it to Carol for $1 million, and never have to give Alice a penny of his newfound wealth, nor get permission for Carol to own the painting, even if Alice hates Carol's guts.

      This isn't that odd; merely creating something has never been enough of a justification to warrant having absolute rights over it. Consider the two neighbors, one of whom greatly improves his property so much that the value of the adjoining plot also increases merely due to their proximity. The first neighbor is not entitled to a share of the money the second neighbor might get upon a sale, despite the fact that it is entirely attributable to the effort of the first neighbor.

      Because god forbid, you should see yourself in their shoes and consider how they would feel

      Well, like I said, I used to be a professional artist before I changed careers. I made a comfortable living and enjoyed myself. As a result I don't have to exert my imagination much to see things from the perspective of an artist. It hasn't changed my opinion.

      Remember though, with copyright being utilitarian, that means that authors are seeking to serve their own self-interest just as much as everyone else is. It is in their interests to encourage your sort of soppy altruism; they're exploiting you to get what they want: more and longer-lasting rights. It's fine for them to try, we just need to avoid falling for it. Putting authors on a pedestal is how copyright got to be such a mess in the first place.

      I implied that a human has a right to not be exploited and manipulated

      So long as it's not consensual, I'd agree. We certainly cannot use the stick on authors, but we can dangle a carrot in front of them (in this case, the possibility of using a copyright to make money) in order to entice them to do what we want (create and publish works which will ultimately fall into the public domain). Th

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    127. Re:Encryption by oracle128 · · Score: 1

      You raise the idea of a right to benefit from a work. That idea doesn't really appear in copyright law as it currently exists, at least in the US. For example, an author has a right to decide when he wants to distribute a copy of his work, but having done so, anyone can distribute it further without permission or compensation. So if Alice is a painter, and sells a painting to Bob for $1, Bob can turn around and sell it to Carol for $1 million, and never have to give Alice a penny of his newfound wealth, nor get permission for Carol to own the painting, even if Alice hates Carol's guts.

      Right, Bob can sell it on. However, Bob no longer has possession of the painting. Bob also cannot sell a copy of the painting and claim it to be Alice's. It's called art fraud. I'd be surprised if a lawyer had gotten this so wrong. However, I'm not surprised at all that YOU got it wrong. Hence, we establish your shoddiness. By the way, how's it going with the whole currency thing? Have you decided yet that counterfeit money is ok, or have you come to your senses?

      So long as it's not consensual, I'd agree. We certainly cannot use the stick on authors, but we can dangle a carrot in front of them (in this case, the possibility of using a copyright to make money) in order to entice them to do what we want (create and publish works which will ultimately fall into the public domain).

      And there it is again. "I agree it's wrong to exploit and manipulate people; however, it's totally ok to exploit and manipulate them". Are you really that blind to your own contradictions?

      I have no desire to. I think that copyright law is capable of serving the public interest. It only wants to be reformed so as to maximally accomplish that. I would only ever advocate abolition if I thought that copyright law could not possibly serve the public interest, no matter what. While there are some people who think that day has come, I am not one of them.

      Nice of you to change your tune so late in the game. I'm glad you agree with me that we need copyright law. What the other fluff is for, I don't know.

      Justice Brandeis, another strong proponent of free speech, gave the best answer: "If there be time to expose through discussion the falsehoods and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence."

      Maybe in a fantasy. That's not practical and you know it. A media company has more resources, more power, more influence and a louder voice than an individual ever will. Essentially you're imposing that people who don't have these attributes aren't able to have their side of the story heard. Welcome to Utopia!

      Wow. There's no guarantee of compensation in copyright.

      Aside from the reality of copyright infringement, then no, there is no guarantee of compensation. There is, however, guarantee that if people want your work enough to pay for it, they will. While it would be nice to have pipe dreams about a world where we can rely on the honor system to compensate artists, the reality is humans, as a society, cannot be trusted to find their own ass with both hands, let alone do what is morally just. The same could be said of all laws: if we could trust people, we wouldn't need them. And you would be out of a job.

      Contract law, one would imagine.

      Sorry, contract law and NDAs don't exist, it imposes on my freedom of speech. In for a penny, in for a pound.

      And in case of someone copying the unpublished work through some nefarious means, insurance rises to the occasion.

      Until it starts happening on a regular basis, and insurance companies become unwilling or unable to insure against it.

      A few have been recovered, though, because people failed to follow instructions to destroy copies, or unlawfully made their own copies. The BBC has been grat

    128. Re:Encryption by cpt+kangarooski · · Score: 1

      You raise the idea of a right to benefit from a work. That idea doesn't really appear in copyright law as it currently exists, at least in the US. For example, an author has a right to decide when he wants to distribute a copy of his work, but having done so, anyone can distribute it further without permission or compensation. So if Alice is a painter, and sells a painting to Bob for $1, Bob can turn around and sell it to Carol for $1 million, and never have to give Alice a penny of his newfound wealth, nor get permission for Carol to own the painting, even if Alice hates Carol's guts.

      Right, Bob can sell it on. However, Bob no longer has possession of the painting. Bob also cannot sell a copy of the painting and claim it to be Alice's. It's called art fraud. I'd be surprised if a lawyer had gotten this so wrong. However, I'm not surprised at all that YOU got it wrong. Hence, we establish your shoddiness.

      I think that there may be a slight disconnect here between what I actually said (and my actual position) and what you imagined I said (and what you imagine my position to be). I never said that Bob would retain possession of the painting after having sold it to Carol. Nor did I say that Bob could make a copy of the painting and sell that instead (assuming that the painting is copyrighted). Nor did I say that if Bob did make a copy of the painting, that he could claim it was a copy made by Alice.

      So I don't quite see what I got wrong, when you're just putting words -- bizarre words -- in my mouth. I'd appreciate it if you would address me and my statements, instead of continually invoking the fantasy you've constructed.

      Have you decided yet that counterfeit money is ok, or have you come to your senses?

      Well, I enjoy J.S.G. Boggs' series of self-made banknotes as much as anyone, but I suppose it's not counterfeiting (not that that has stopped the government from confiscating some of his art). No, I don't much care for any sort of fraud. As I said, I'm not a free speech absolutist, but I do find it an attractive position.

      "I agree it's wrong to exploit and manipulate people; however, it's totally ok to exploit and manipulate them"

      No, please quote me accurately. I said that it's wrong to exploit people by force; it's totally okay to exploit people with their consent to be exploited. And even then, I would still like to see a little bit of room for things like consumer protection, provided that it's not overly paternalistic.

      Nice of you to change your tune so late in the game. I'm glad you agree with me that we need copyright law.

      Well, no. For years, I have consistently said that we should not abolish copyright, we should merely reform it. We don't need copyright; our society would continue just fine without it. But it is useful, if done right. We're not doing a very good job of having copyright at the moment, though, hence my calls for reform. Abolition remains a legitimate option, and should stay on the table, though choosing it wouldn't be doing a very good job either, I think.

      Maybe in a fantasy. That's not practical and you know it. A media company has more resources, more power, more influence and a louder voice than an individual ever will.

      Funny, it seems to work okay in a wide variety of circumstances even today. Look at the debate over, say, evolution. Should the people opposed to evolution be censored, due to the fact that they couldn't present a solid scientific argument to save their lives? I wouldn't support that. Even if they're cranks, let them be noisy cranks. It doesn't harm anyone to hear them spout off. And while it might be interesting, and perhaps even good, if people could equally make use of all the forms of media known to man, I'm afraid that we don't live in a society where we do that. Nevertheless, even if the little guy is reduced to holding up a cardboard sign on the sidewalk, for lack of resources, he has his opportunity to make himself heard. Better to

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    129. Re:Encryption by oracle128 · · Score: 1

      I think that there may be a slight disconnect here between what I actually said (and my actual position) and what you imagined I said (and what you imagine my position to be). I never said that Bob would retain possession of the painting after having sold it to Carol. Nor did I say that Bob could make a copy of the painting and sell that instead (assuming that the painting is copyrighted). Nor did I say that if Bob did make a copy of the painting, that he could claim it was a copy made by Alice.

      I never said you made those statements. In fact, I was specifically mentioning them because you deliberately overlooked them. How this is strawman, I don't know.

      Your comparison of an intellectual work compared to a physical work is blatantly inadequate, because with a physical work, Bob needs an incentive to pass his ownership of the work on to Carol. Precisely because, once he's passed it on, he no longer benefits from it. So there is incentive for the artist, Alice, to create a replica work, so both Bob and Carol may benefit simultaneously. The incentive is fair, because when selling the original work, Alice did not price her work according to her psychic prediction of how many people would be using her work. And rightly so, since she would assume that her work would only benefit one user at a time (I use the term "user" loosely, because it may in fact be a whole household or art gallery).

      Now Bob goes and replicates the work, and sells the copy on. Bob is a good copier, but has no artistic talent. At this point, you have to ask yourself: did Bob buy the painting purely for the cost of the canvas and paint? Or is there perhaps an element of time and skill involved in valuing the work? Any rational person would say, mostly you're compensating the artist for their time and skill, and the cost of materials are negligible. However, Bob is now exploiting Alice's hard work for his own personal gain. Alice never chose to be exploited, and that you say she did and deserves it is absolutely disgraceful, especially for someone who is supposedly meant to represent the ideal of justice. Not only is Bob exploiting Alice's previous work, but he's depriving her of a potential future sale. And what, this is somehow Alice's fault for not charging Bob a high enough cost to cover for the possibility that every person on Earth, present and future, may want a copy of her work?

      Is this fair? A rational, moral person would say no. Your ideals say yes. When somebody calls you out on your ideals, you make up excuses not to answer the arguments and require everything to be spelled out for you. And hence we come back to the question, why would anyone believe what you say, when you are clearly and demonstrably an irrational, immoral person?

      I'd point out the obviously holes in your other points, but really, I'd rather not waste my time translating it to baby talk for you when you're clearly being deliberately obtuse.

    130. Re:Encryption by rootooftheworld · · Score: 1

      a bunchof randomblocks, meaningless on their own, data when you have the metadata, and is on multiple nodes. Sounds like a distributed steganographik file system. I think a local one + bittorrent would do just as well, sans most of the overhead. My $0.02

      --
      I know full well that tobacco is bad for you, so I smoke weed with crack
    131. Re:Encryption by Anonymous Coward · · Score: 0

      Pros: Could you explain to the court what you uploaded to Brightnet?
      Def: It was a non-linear combination of the xor of .... .... .... in several parts.
      Pros: Did you upload Britney Spears - Chart Slag.mp3?
      Def: No, that was never on my computer.
      Pros: Did you upload something that allowed the mp3 to be constructed exactly?

      The entire point of the system is that this question can not be answered either way. Geeks understand the law.

    132. Re:Encryption by cpt+kangarooski · · Score: 1

      Any rational person would say, mostly you're compensating the artist for their time and skill, and the cost of materials are negligible.

      I'd say that it depends largely on the author, the work, the marginal cost of an average copy, the number of copies, etc. Not to mention how much profit is sought above and beyond mere compensation. But that's probably not very helpful. Really, the author can price copies however they please. I don't think that most people worry too much about how the price of a copy breaks down. Policy-wise, it is imagined that copies of public domain works will be ideal, since the presence of competition for what are, after all, commodity goods (one copy of a work generally being just as good as another copy of the same work in the same medium), will result in prices dropping to only slightly above marginal cost. This is desirable, since it means that more people can afford to enjoy the work, which is one of the primary goals of copyright.

      However, Bob is now exploiting Alice's hard work for his own personal gain. Alice never chose to be exploited

      Alice did indeed choose to be exploited, if at least in some manner or another. She created the work, and sold a copy. If she sold the copy for a pittance, and Bob sold it to Carol for a fortune, that would just as equally constitute exploitation; Bob, the man without a lick of talent, would have "exploit[ed] Alice's hard work for his own personal gain." It doesn't matter whether he loses possession of the copy. Alice has still lost a huge sale to Carol, and Bob has gained at Alice's expense. That's exploitation. Businesses do this kind of thing all the time, e.g. a low level employee has an idea which makes the company successful, the boss a millionaire, and the employee gets nothing in particular. It's not unusual, and it's basically accepted in our society. If you're upset about consensual exploitation, you may want to look into destroying capitalism, rather than puttering around with mere copyright law.

      Besides, nothing's more central to copyright than exploitation. The whole idea is that since the public wants more public domain works to be created and published, it will exploit authors to get them. The means for this exploitation is to offer authors a copyright in order to get them to create and publish those works which they otherwise would not have done. The copyrights offered, however, must be the absolute minimum in order to get them to do this, so that the public has the maximum possible net gain when all is said and done. Obviously, any author who takes the deal is willing to be so exploited. Authors who don't, aren't exploited, but then, they aren't creating anything either, being the hold-outs that they are. And authors who would have done it anyway shouldn't be given the offer, since it would be a waste to the public. It's hard to distinguish them, but there are some crude mechanisms known. Certainly it is not in the public interest to merely reward authors because they're naturally deserving or some such nonsense. Copyright is a quid pro quo. Nor is it in the public interest to care about authors beyond the minimal extent necessary in order to incentivize them according to plan.

      So I would be upset with Bob if he copied Alice's copyrighted work, assuming a good copyright system was in place. I would not be upset with him because he's committed a sin against Alice, though. I'd be upset with him because he is interfering with the smooth operation of the copyright system. Were we talking about dairy farming, I'd be upset with Bob spooking the cows, but only because it results in sour milk (and thus, lower profits) rather than any other reason.

      A rational, moral person would say no. Your ideals say yes.

      I'd say yes, because I am a rational person. Morals don't enter into it, though, because copyright is amoral area of law.

      And hence we come back to the question, why would anyone believe what you say, when you are clearly and demonstrably an irrational, immoral person?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    133. Re:Encryption by oracle128 · · Score: 1

      Alice did indeed choose to be exploited, if at least in some manner or another.

      Choosing to be an artist implies she chose to be exploited? Like how a black person chose to be a slave by migrating to America?

      Really, the author can price copies however they please.

      According to your argument, they have to price them only to cover the cost of materials.

      Policy-wise, it is imagined that copies of public domain works will be ideal, since the presence of competition for what are, after all, commodity goods (one copy of a work generally being just as good as another copy of the same work in the same medium), will result in prices dropping to only slightly above marginal cost.

      So in other words, the value of the work is severely degraded, against the wishes of the author. Much like how your money would be devalued if there were to suddenly be an influx of counterfeits.

      If you're upset about consensual exploitation, you may want to look into destroying capitalism, rather than puttering around with mere copyright law.

      Even if you truly believe that an artist chooses to be exploited merely by becoming an artist, I fail to see how even "choosing" to be exploited is acceptable, given that not being exploited is a basic human right. One cannot sign away one's legal rights, and one cannot commit to a contract to break the law. But it's ok to forfeit one's basic human rights merely by choice of profession?

      So I would be upset with Bob if he copied Alice's copyrighted work, assuming a good copyright system was in place. I would not be upset with him because he's committed a sin against Alice, though. I'd be upset with him because he is interfering with the smooth operation of the copyright system. Were we talking about dairy farming, I'd be upset with Bob spooking the cows, but only because it results in sour milk (and thus, lower profits) rather than any other reason.

      So in other words, you only care that they broke whatever law happened to be in place at the time, but couldn't care less if what they did was immoral or broke human or animal rights.

      I'm a pretty upstanding, moral person.

      See above.

      you haven't checked to see if my position works when viewed from that perspective.

      Here's a list of things I came up with in less than 5 minutes that pretty much destroy any sanity existing in the world you try to push with such zeal:
      copyright, trademark, patents
      slander and libel
      harassment
      spam, junk mail and telemarketing
      racism, sexism, and hundreds of other forms of discrimination and abuse
      right to privacy
      right to a fair trial (perjury, disclosure of prior convictions)
      fraud/deception and counterfeiting
      negligence and endangerment of life ("Fire!" or "Bomb!" in a crowded room, "Sure, that rickety old bridge is safe to cross...")
      manipulation in a position of power (lying politicians, teachers preaching religion or other personal views rather than fact)public disturbance and nuisance (child care workers screening Rambo 4 and porn to toddlers, flashers and nudists)
      company secrets and treason (insider trading, classified military information)
      intimidation, death threats
      imparting knowledge of how to commit a crime and/or how to get away with one and/or encouraging such behaviour ("Hey kids! Build your own dirty nuke! Kill those evil infidels!")
      media corruption/zero accountability (poor people aren't able to defend themselves)

    134. Re:Encryption by spazdor · · Score: 1

      On aside note, assuming computing power is no problem, wouldn't it be better to distribute multiple MD5 hashes of 128kb chunks of a given file. Then through brute force reassemble the file by solving for what the MD5 represents. Not only are you drastically cutting way down on bandwidth, but arguably you are not committing copyright infringement by transferring hashes.

      Perhaps MD5 is not even the best for this, maybe a hash that has a lot of collisions and then you need a primer (like a URL for OFFS) to reassemble the file correctly. Otherwise, you may reassemble the file to represent something else that had a collision with the hashes you have.

      Unfortunately, all hashes have lots of collisions when the hashes are shorter than the data being hashed. The Pigeonhole principle guarantees this. You can't brute-force a checksum back to the plaintext it came from because there are fantastically many other plaintexts that will give the same checksum.

      --
      DRM: Terminator crops for your mind!
    135. Re:Encryption by cpt+kangarooski · · Score: 1

      Choosing to be an artist implies she chose to be exploited?

      Nope. Profession has nothing to do with it. It's all about actions.

      To make sure we're on the same page, I'm sticking with the hypo involving Alice creating a work, selling a copy to Bob for a pittance, and Bob selling that very same copy to Carol for a fortune. Bob exploits Alice by buying from her at below market prices, then selling to Carol, getting a handsome profit for himself. Alice didn't choose to be exploited by merely being an artist; instead, she chose to be exploited by selling to Bob at such a low price. No one prevented Alice from trying to sell directly to Carol, nor was she compelled to sell anything to anyone at all. She made a deal which she was perfectly satisfied with at the time (or else she would not have made it) but which turned out to be a bad deal when seen with the benefit of hindsight. So be it. Alice is an adult, and she is entitled to make bad deals of that sort. It would be grossly paternalistic to insist otherwise. It takes an extraordinary case to void such a contract, and this doesn't come anywhere close.

      I doubt you'd be upset if Alice owned a parcel of land, sold it to Bob because she thought it was of low worth, and Bob sold it to Carol for a fortune because he knew (or discovered) that it had rich oil deposits or something. The differences in price in the two transactions would be the same, the judgments made by Alice would be the same, if she felt any pain from having made poor (or poor-in-hindsight) judgments, it would be the same. So it doesn't matter that in one case she sells a copy of a work, and in the other she sells a plot of land. If there's anything wrong with exploitation, such a trivial detail won't be relevant.

      According to your argument, they have to price them only to cover the cost of materials.

      No, they price them however they want. Whether they'll be able to make a deal at that price depends on the buyers, though. Authors can't compel people to buy their works. If the work is copyrighted, then all else being equal, they can probably manage to make deals at a higher price than they could otherwise, thanks to their temporary monopoly. Though of course, most works will simply be valueless to begin with, and could not be sold at any price for a want of buyers. E.g. we could be equal partners and try to sell printed copies of this thread we've been having, but I doubt we'd ever find a single person who wanted it. It's only for public domain works that have an interested audience where the price tends to drop to just-above the marginal cost of the copy, due to the beneficial effects of competition. I mean, that is basically the point of having competition in a free market anyway: to lower prices, increase the number of sources, etc.

      So in other words, the value of the work is severely degraded, against the wishes of the author.

      That's exactly right, because no one cares about the author. What the public cares about are works: getting them created, and getting them published. Authors are just a necessary evil. If it were possible to wave a magic wand and get works that way, we'd do that instead. Imagine if we had those replicators on Star Trek: we could largely abandon the job of farming (except for people who made it a hobby, or who sold to the presumably small number of people who didn't like to use replicators) and we'd do so, regardless of whether the farmers liked the idea or not. At least we could rest assured that the ex-farmers wouldn't go hungry as they changed occupations.

      The goal of copyright is to cause as many works as possible to be created and published that otherwise would not have been, and to get those works into the public domain as soon as possible, with as few restrictions on them in the meantime. The wishes of the author are never a concern. To incentivize the author, a bribe (in the form of the possible value of the copyright) is paid, but since the work will continue to exist for a long time, the bribe is actually w

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    136. Re:Encryption by oracle128 · · Score: 1

      To make sure we're on the same page, I'm sticking with the hypo involving Alice creating a work, selling a copy to Bob for a pittance, and Bob selling that very same copy to Carol for a fortune

      But as I already pointed out before, this is not synonymous with copyright, because while Bob may resale the item, he loses possession of it. If Bob were to sell an unauthorized copy of the work, it would be a different story. That's why it's called COPYright, not Originalright. If your whole argument against copyright is going to be fought by claiming people have the right to resell physical goods, you've already lost.

      No, they price them however they want. Whether they'll be able to make a deal at that price depends on the buyers, though.

      No, it doesn't. Buyers aren't going to buy stuff with your escrow scheme because a) they have no guarantee they will get it if the reserve amount isn't met, b) they don't know what they're getting (as releasing samples of it puts it in public domain), c) they won't know when they're getting it d) they forgo their right to buying privacy (they have to be tracked, so they can get their money back if the amount isn't met), e) the hundred other problems I've already mentioned that you seem to ignore.

      That's exactly right, because no one cares about the author.

      And yet, you claim to have been one. That explains the self loathing. Or maybe when you were an author, people simply didn't care about you, so you feel like no other author is allowed to succeed. And then you were so angry, you wanted to go on a murderous rampage. But that was too hard, so you became the next best thing, a lawyer. Getting warmer?

      You may be the only one.

      If I'm the only who finds humans rights abuse acceptable, this world is in a lot more trouble than your magical "absolute free speech, no copyright!" solution will ever fix.

      In a nutshell, if you have a job, and you are paid for your work, then one of three possibilities must be true.
      ...

      And just like we have copyright to prevent the exploitation of artists, we have minimum wage, child labor laws, occupational health & safety laws, trade unions, and other worker's rights laws in place specifically to prevent exploitation of both an employee by an employer and vice versa. As well as various other indirectly related laws, eg. anti-discrimination, criminal law etc.

      To some extent, you can, actually. What else is a non-disclosure agreement but a contract saying that you will temporarily forfeit your right to talk about some given subject? You can break the agreement and talk whenever you like, of course, but you may have to pay some damages to the other party as a consequence.

      So when an artist signs this imaginary "please exploit me" contract allowing people to steal their work, what do they do to break it?

      Interesting. I haven't seen that one.

      UN Universal Declaration of Human Rights, Article 1:

      All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

      Article 4:

      No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

      Article 17:

      (2) No one shall be arbitrarily deprived of his property.

      Article 23:

      (2) Everyone, without any discrimination, has the right to equal pay for equal work.
      (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

      Not in the charter:

      The above does not apply to authors, artists

    137. Re:Encryption by cpt+kangarooski · · Score: 1

      But as I already pointed out before, this is not synonymous with copyright, because while Bob may resale the item, he loses possession of it. If Bob were to sell an unauthorized copy of the work, it would be a different story. That's why it's called COPYright, not Originalright.

      Ah, that's funny. First, copyright involves a number of different rights, the main ones being reproduction, preparation of derivative works, distribution, public performance, and public display. Distribution is the one that is relevant here. Alice's copyright includes the right to control the distribution, i.e. sale, rental, lending, of copies of her work. It's generally subject to some sort of statutory exception, such as first sale, but Bob's sale of the copy to Carol falls squarely within the realm of copyright-related transactions.

      Also, you're reading way too much into the name of the regime. 'Copyright' is so named for reasons that are largely no longer relevant, dating back to the 16th century. Nevertheless, way back then, and through to today, even original manuscripts are called copies. In modern terms, any material object in which a work is fixed is a copy, regardless of whether it is the first copy, the only copy, or the one-millionth. With only a few rare exceptions, they're all treated the same.

      Buyers aren't going to buy stuff with your escrow scheme because a) they have no guarantee they will get it if the reserve amount isn't met, b) they don't know what they're getting (as releasing samples of it puts it in public domain), c) they won't know when they're getting it d) they forgo their right to buying privacy (they have to be tracked, so they can get their money back if the amount isn't met), e) the hundred other problems I've already mentioned that you seem to ignore.

      First, I forgive your forgetfulness, what with the length and twists and turns of our discussion, but if you'll recall, the only reason I even brought up the SPP was ultimately because you were confusing a creative work -- the product of an author's labor -- with the act of the labor itself. I pointed out that they are two distinct things. You said that in that case, how could an author ever sell anything to more than one customer, since that customer would then share the work with others. I then invoked SPP as an example of a way that it could be done. I suppose I should have pointed out that copyright law could be used to prevent the customer from engaging in the sharing anyway, since it isn't affected by the labor/fruit-of-labor dichotomy anyway, and I have never argued that we should abolish copyright law. I guess I got wrapped up in the minutiae of the argument.

      Second, while I'm interested in the SPP, and I see it as one possible mechanism for helping authors to self-publish, I don't view it as a panacea.

      Third, responding to your individual points: a) The reliability of the escrow service is key to both. The escrow firm will have to build itself a sterling reputation, or may be an offshoot of an existing reputable firm. Amazon already does more or less the same thing when it acts as a middleman, e.g. listing third parties offering books for sale, and accepting payment from customers, which it passes on, and guarantees, along with the orders. I've personally bought plenty of used books via Amazon this way, and I have had no complaints. It can be done.

      b) If you buy any kind of work without the opportunity to preview it, you have no idea what you're getting. Authors should either have some manner of preview or other assistance for potential customers -- e.g. summary blurbs, quoted reviews, preview images, audio, or video, etc. -- or should take the chance that they'll only have customers who will buy based on the barest details. Again, since I don't advocate abolishing copyright, you're wrong when you claim that publishing that information will put it into the public domain. Still, to address your irrelevant concern, SPP can work in such a situation, provided that the preview information is carefully li

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    138. Re:Encryption by oracle128 · · Score: 1

      Also, you're reading way too much into the name of the regime. 'Copyright' is so named for reasons that are largely no longer relevant, dating back to the 16th century.

      It was created after the printing press, as a way to restrict who can produce copies of a work, primarily due to the fact that with the printing press, copies could be produced by almost anyone at next to no cost. I can see how you believe this is different to how copyright works today though, where's it's evolved from that original intent to the system it is now, where its purpose is to restrict who can produce copies of a work due to the fact that copies can be produced by almost anyone at next to no cost.

      First, I forgive your forgetfulness, what with the length and twists and turns of our discussion, but if you'll recall, the only reason I even brought up the SPP was ultimately because you were confusing a creative work -- the product of an author's labor -- with the act of the labor itself.

      No, the reason you brought it up was because you were scrounging for ways to justify your "ideal world" by presenting concepts and systems that we already know don't work.

      a) The reliability of the escrow service is key to both.

      The reliability of the escrow service is irrelevant. They aren't the ones paying the money.

      b) If you buy any kind of work without the opportunity to preview it, you have no idea what you're getting. Authors should either have some manner of preview or other assistance for potential customers ... Again, since I don't advocate abolishing copyright

      I like how you condemn copyright as restricting your freedom of speech, wait for me to make a strong case as to why we need copyright, then change your mind and claim you don't have a problem with copyright.

      This strikes me as a risk that a customer in the SPP would have to take.

      You've already admitted that your ideals are conducive to the exploitation of an artist. But now you've also admitted that the customer loses out on the deal too. Hmm, so under your proposal, the artist is being disadvantaged, and the customer is being disadvantaged... Well, what are we waiting for, let's enact this thing immediately!

      I think that copyright is a great idea, and can be implemented in a manner so as to encourage great things, but that all the potential is being squandered at the moment.

      I hate to be the one to tell you you just wasted several years of your life, but...lawyers don't create laws. Politicians do, which vicariously means the public do.

      And I think that we should certainly have some kind of copyright

      So what exactly IS your argument? You come into this debate with claims that copyright impedes your freedom of speech, copyright is evil, blah blah blah. But you haven't actually stated what is wrong with copyright, if and why it should change, what it should change to. It's almost as if you're arguing purely for the sake of arguing. In fact the only actual arguments you have bothered to define is that 1) You believe artists forfeit their human rights by choosing to be artists, and 2) You've proposed using a new business model for artists that a) you didn't invent, b) we already know doesn't work, and c) could be implemented regardless of the current state of copyright, as evidenced by the fact that it's already been tried.

      Now I just know that you're going to say points b and c are contradictory, as the successful implementation would imply it does in fact work. It doesn't, and here's why: SPP is rarely used by any artist today. Even indie artists hardly use it, preferring to release works at no cost, or stick with the existing 'pay per user' model. The fact that nobody uses it implies either a) all artists are too stupid or ignorant to utilize SPP, or b) even with SPP existing, nobody uses it, thus it is a failure.

    139. Re:Encryption by cpt+kangarooski · · Score: 1

      It was created after the printing press, as a way to restrict who can produce copies of a work, primarily due to the fact that with the printing press, copies could be produced by almost anyone at next to no cost.

      That's true. Of course, it was created as a means of official censorship, and as a way for the Stationers' Guild to control the market. It wasn't until the 18th century that copyright was massively reengineered as a means to promote the public good. The modern copyright era begins then, with the enactment of the Statute of Anne in 1710 in England. Other countries followed suit in the 18th, 19th, and 20th centuries.

      Of course, not all significant changes in copyright have to do with technology. First, in that copyrights were extended to musical compositions long after they too were easily reproduced by means of printing presses (i.e. in the form of sheet music); if the concern were merely ease of reproduction, they would've been copyrightable sooner. OTOH, copyrights were extended to works of visual art well before the introduction of photography; if the concern were the ease of reproduction, they would not have been copyrightable for some time yet. Really, technological advances are a bit of a red herring: authors and publishers can always make use of the latest innovations, and their ability to act openly actually gives them an edge over pirates, who may need to stay in the shadows. An absolute reduction in the cost of reproduction -- such as going from scribes to presses -- has an equal effect on everyone, and doesn't confer any particular advantage on pirates, unless the authors et al are indolent and slow to adapt.

      I like how you condemn copyright as restricting your freedom of speech, wait for me to make a strong case as to why we need copyright, then change your mind and claim you don't have a problem with copyright.

      I haven't changed my mind. I recognize that copyright does restrict free speech, but that this restriction may be justified if the public gains a benefit from it which outweighs its harm. Remember the bit where you condemned me for promoting copyright on utilitarian grounds? How would that possibly square with a condemnation of copyright? I think you should review the thread before ascribing to me positions that I don't have.

      I hate to be the one to tell you you just wasted several years of your life, but...lawyers don't create laws. Politicians do, which vicariously means the public do.

      You really think that lawyers are uninvolved in writing laws? Wow. Actually lawyers write a lot of proposed laws, which are sent to politicians (who are often lawyers themselves) who, if they choose to support the laws, in light of their mandates from their constituents, their own judgment as to whether they're appropriate, etc., will try to get them enacted. Laws proposed from within legislative bodies tend to actually be written by lawyers working as staffers for individual politicians or for bodies within the government (e.g. Congressional committees) in accordance with the instructions the politicians give them.

      While I obviously can't, and wouldn't want to, rule by fiat, I can certainly lobby for legislative reform just like any other member of the public.

      So what exactly IS your argument?

      Basically, I think that copyright laws should be written to maximally serve the public interest in encouraging the creation and publication of original and derivative works and in minimally, if at all, restricting the public as to those works, in both the length of copyright and its breadth.

      Therefore, looking at how American copyright laws have traditionally worked, the main points of my agenda are:
      1) Restrict copyrightability to works where copyright has an incentivizing effect. This will tend to exclude some classes of work, e.g. architectural works, where mere copyrights don't incentivze much. Further, where we can distinguish between a work that would have been created sans copyright and one that required the incentive o

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    140. Re:Encryption by oracle128 · · Score: 1

      copyrights were extended to musical compositions long after they too were easily reproduced by means of printing presses (i.e. in the form of sheet music)

      Which had to be translated from a performance, since composers kept their originals secret. And then they had to be reperformed. Which meant the copier had to at least have skill. Where is the skill in pressing 'Rip to MP3'? And still, the copier wasn't able to distribute on a massive scale, undercutting the original author. And despite all of this, the copier still likely wasn't met with a great deal of praise for copying the work, ie. they were morally condemned. And what are laws, if not the enforcement of publicly-accepted morals?

      Remember the bit where you condemned me for promoting copyright on utilitarian grounds?

      No, I don't. I DO remember the part where I condemn you for supporting a utilitarian view of free speech, which is the exact opposite of what you just claimed I said, and is what that long list of stuff you keep ignoring is meant for. But no, I don't remember any condemnation for utilitarian copyright (which I don't support, because I'm in favor of fair use, eg. format shifting). I don't suppose you'd be so kind as to point it out?

      You really think that lawyers are uninvolved in writing laws? Wow. Actually lawyers write a lot of proposed laws, which are sent to politicians (who are often lawyers themselves) who, if they choose to support the laws, in light of their mandates from their constituents, their own judgment as to whether they're appropriate, etc., will try to get them enacted.

      So in other words, the politicians get to decide what laws to enact or not. Wow, that's totally different to what I said! Yall must be one o them "intellectual" types, with dem fancy words n all that.

      Restrict copyrightability to works where copyright has an incentivizing effect.

      How do you prove the person would have created the work without the incentive of a copyright?

      architectural works, where mere copyrights don't incentivze much

      By architecture I assume you mean plans specifically meant to use to construct a building in which to reside - and not the broader term of architecture which can refer to basically any physical object, like furniture or art. I also presume you've also figured out some way to prevent a builder from stealing the plans and refusing to compensate the architect. Or do laborers in "some classes of work" not need to eat?

      Authors who are not incentivized by copyright will presumably not seek a copyright, and their work can pass directly into the public domain.

      Like they can now...

      Authors who are incentivized by copyright will presumably seek one out, so we make it easy for them to get one

      Like it is now (record companies do it for them - they pay up front, too). Because of course you realize, making the copyright system easier just means you're paying for more government employees to fill in the gaps, rather than record company employees.

      Further, restrict copyright so that it incentivizes but does not overincentivize.

      So instead of a single copyright, artists have to fill multiple copyrights. You create more work for them. They end up with the same length of copyrights on average. Sure, you win over a few public domain works because it's easier for artists to wait for them to expire than to acively take the initiative to release them. But then you "win" over a few from artists who forget to renew, or are perhaps even unable to in a timely manner (eg. in a coma). So you create more work for what is essentially a trade off between more deliberate public domain releases for more accidental ones. Not to mention the time and effort wasted on changing the laws.

      In recognition of current societal norms, and the place of copyright in serv

    141. Re:Encryption by cpt+kangarooski · · Score: 1

      Which had to be translated from a performance, since composers kept their originals secret.

      Well, not necessarily. Printers started to use printing presses to make copies of musical works very shortly after the printing press was invented. Some of those would have been authorized printings; just as some, but not all, playwrights didn't like to publish their works (which didn't stop them from getting out), I think that we can be sure that there were plenty of composers who didn't care about keeping their work under lock and key.

      And still, the copier wasn't able to distribute on a massive scale, undercutting the original author.

      Well, not a more massive scale than the original author would have been able to act on. Both could use printing presses, after all.

      And despite all of this, the copier still likely wasn't met with a great deal of praise for copying the work, ie. they were morally condemned.

      No, not really. Well, perhaps by the author, which is why we have in the English language, the word 'pirate' taking on its meaning of 'unauthorized copier' about a century before authors get copyrights. But generally, outside of authors, rival printers, and censors, I sincerely doubt that anyone particularly cared. After all, someone had to be buying the pirate copies, or else why would the printers bother with them in the first place?

      And what are laws, if not the enforcement of publicly-accepted morals?

      Again, not all laws have a moral foundation. Is it immoral to remain parked in a parking spot after the meter runs out, or is it just an inconvenience to traffic planners et al?

      I DO remember the part where I condemn you for supporting a utilitarian view of free speech

      I can't imagine why. You were condemning me for having an absolutist view of free speech, which is funny, since I don't actually have such a view, I just find it attractive. In fact, you were condemning me for not having a utilitarian view of free speech, since it is only then that something like copyright could be justified (i.e. the public good that a properly crafted copyright law can yield can outweigh the public harm it causes by existing). And actually, while I think that free speech is a natural right, I can tolerate some utilitarian incursions on it, which is why I support copyright: I think that copyright is useful. I've said this plenty of times already. But I'm sure you'll go on to ignore what I actually say once again, in favor of whatever words you want to put in my mouth.

      utilitarian copyright (which I don't support, because I'm in favor of fair use, eg. format shifting)

      Fair use is a good example of how copyright is utilitarian in nature. The ultimate rationale for fair use -- which can be any kind of use, depending on the circumstances -- is that it prevents literal adherence to the copyright statute from giving authors exclusive rights that would trample on the public purpose of copyright. Thus, fair use encourages, well, fair uses. There's no list of what's fair or unfair, and anything can be either. The best we have is a rough test to analyze any given use to see if it is fair. And note, that's not for a class of uses (e.g. format shifting) but for a single, specific use (e.g. the specific format shift that Dave engages in with a particular work on a particular date) or at best for a hypothetical specific use if that's relevant in the case at bar. The various prongs of the test reflect the public purpose of copyright: if the use is educational, or transformative, that tends to weigh in favor of the user. If the use uses too much, or would harm the economic value of the work, that tends to weigh against the user. Remember that copyright only provides an economic incentive to authors; impairing the value of a work impairs the incentive. Format shifting is actually problematic in that three of the four factors of the usual test weigh against it, and the fourth hangs by a thread. If you want format shifting to be protected, I would advis

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    142. Re:Encryption by oracle128 · · Score: 1

      Both could use printing presses, after all.

      But when you print a book, you get the whole original book. When you print a song, you only print an instruction book on how to perform the song; actually doing so would require skill, as I said before. Actually, it would be more akin to publishing source code to a program: I may choose to do so, but that doesn't automatically mean I want people to take the code and claim that they wrote it, or sell it. And if I only give the source code to a small group of people, I certainly hope it wouldn't imply that they can publish it globally, and that I would have some means of preventing that legally.

      But generally, outside of authors, rival printers, and censors, I sincerely doubt that anyone particularly cared.

      So we don't care about people who are a minority group. Sound familiar?

      After all, someone had to be buying the pirate copies, or else why would the printers bother with them in the first place?

      Because it was cheap and easy (that's the whole point of the argument), because buyers may not know the difference (as happens with pirate material today), because people are greedy and self-serving...

      Is it immoral to remain parked in a parking spot after the meter runs out

      Uhh...yyeeeah. That's kinda the point...

      I can't imagine why. You were condemning me for having an absolutist view of free speech, which is funny, since I don't actually have such a view, I just find it attractive.

      Oh, so you only desire, but don't actually want it. Sure, that makes sense. Moving along now...

      In fact, you were condemning me for not having a utilitarian view of free speech, since it is only then that something like copyright could be justified

      Ba-bow. I was condeming you for craving an extremist, absolutist free speech, since you came in denouncing copyright for ZOMG impeding your free speech. Then later saying, no, you don't actually want complete free speech, nor do you want to get rid of copyright, merely create other laws that aren't copyright because they don't control the right to copy, but calling them copyright anyway.

      Fair use is a good example of how copyright is utilitarian in nature.

      Unless, of course, copyright were to have some kind of exemption for fair use. Which unfortunately...wait, well what do you know, it DOES!

      As I said, we use formalities. If an author wants a copyright enough to take a token step in order to get one, then he was probably incentivized by copyright.

      The only thing that getting a copyright proves is that he got a copyright. Getting one doesn't prove they wanted one or not, and not getting one doesn't prove they didn't want one, just that you made it too hard/expensive to get one with your new laws.

      Short terms and renewal terms also relate to this.

      Except as I've already shown, it doesn't work.

      An author who wasn't incentivized by that much copyright will probably stop bothering to renew after a while, letting the work enter the public domain all the sooner.

      So basically, you're mandating the law of "use it or lose it". Hey, I noticed your car has been sitting in your driveway for a while...you haven't been incentivized to take it out recently...yoink!

      The term, as far as US copyright goes

      I presume by "US copyright" you actually mean "the English language definition"?

      The furniture would have a hard time of it, too, as the utility doctrine prevents sculptural works which have some use to them that is inseparable from their artistic elements from being copyrightable.

      If that's your interpretation of utility doctrine, your theory is already flawed. Entertainment is a use. As is collecting, investing, trading, buying and selling...

    143. Re:Encryption by cpt+kangarooski · · Score: 1

      But when you print a book, you get the whole original book. When you print a song, you only print an instruction book on how to perform the song; actually doing so would require skill, as I said before

      I think you're misunderstanding copyright here. What is copyrightable is the musical composition itself, once it has been fixed into some tangible medium of expression, such as sheet music. An unfixed song, in the air, as it were, is not copyrightable. You're thinking, not of a song, but of a performance of a song. That too is copyrightable, provided that it is fixed, such as in the form of a phonorecord.

      Besides, you forget that books don't read themselves any more than music does. Both require skills on the part of the user in order to reveal the information within. To perform a book, i.e. by reading it aloud, you have to be able to read and speak the language it is written in. To perform a piece of music, you have to be able to read and play the music. Not that you actually have to do either to reproduce it; it's entirely possible to make copies of things that you don't actually comprehend the meaning of. Yours is certainly a novel idea though; I can't say that I've ever heard of anyone suggest that a musical composition is materially different from a book in that manner before.

      Is it immoral to remain parked in a parking spot after the meter runs out

      Uhh...yyeeeah. That's kinda the point...

      Are you seriously claiming that not moving your car after the meter expires is immoral? That's just crazy.

      Oh, so you only desire, but don't actually want it. Sure, that makes sense.

      Well, it's like longing for something so expensive that it is beyond your means; you want it, it appeals to you, but you recognize that it would be unwise to actually buy it, which upsets you. I think that absolute free speech is a very attractive position, but I can see good reasons for not quite going that far, not that those practical reasons are anywhere near so appealing.

      since you came in denouncing copyright for ZOMG impeding your free speech

      Copyright does infringe on free speech, but I don't denounce copyright for doing this, so long as copyright provides a public benefit great enough to outweigh the harm it causes by infringing on free speech. I would only denounce copyright if all possible implementations of copyright not only infringed on free speech but also provided no countervailing public benefit. So far, I haven't seen any reason to think that it's gotten that bad. Of course, I reserve the right to denounce a specific implementation of copyright if it yields a net public harm; I'd just want it replaced by a better implementation, though, and not abolished entirely.

      merely create other laws that aren't copyright because they don't control the right to copy, but calling them copyright anyway.

      The exclusive right of reproduction isn't actually indispensable to copyright. Copyright is an entire bundle of rights, only one of which happens to be reproduction. But once again, you have not understood or have misrepresented my position: I'm fine with copyright including a reproduction right. There would be limits to that right, but there have always been limits, so that's nothing new.

      Fair use is a good example of how copyright is utilitarian in nature.

      Unless, of course, copyright were to have some kind of exemption for fair use.

      What's with the unless? Fair use is an exception to copyright. It's a utilitarian exception, which seems sensible, since copyright is utilitarian anyway, and fair use is just yet another part of copyright law.

      The only thing that getting a copyright proves is that he got a copyright. Getting one doesn't prove they wanted one or not, and not getting one doesn't prove they didn't want one, just that you made it too hard/expensive to get one with your new laws.

      If you didn't want one, why would you

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    144. Re:Encryption by oracle128 · · Score: 1

      I think you're misunderstanding copyright here.

      Would that be in a similar way to how you confuse intangible goods and tangible goods by claiming first sale in an argument on copyright?

      Are you seriously claiming that not moving your car after the meter expires is immoral?

      Are you seriously claiming it isn't?
      You've abused the trust in the system
      You're taking advantage of a service without proper renumeration
      Which means you're claiming to be superior to others And you're depriving others of that service

      Well, it's like longing for something so expensive that it is beyond your means;

      Really? I'd say it's more like you see this hot girl at a party, then she turns around and she has warts and growths all over her, a moustache, terrible, rotting teeth, an annoying nasally voice, and to boot she's a real bitch with an ugly personality. But then you keep trying to claim she's attractive, which I'm sure has nothing to do with the fact that you've already wasted the night trying to get her attention.

      Copyright does infringe on free speech, but I don't denounce copyright for doing this

      Then why, oh why, did you start this conversation by attacking someone for defending copyright, and start claiming that free speech means you should be able to copy anything you like?

      I'm fine with copyright including a reproduction right.

      So why are you arguing with me? I support copyright, you support copyright, what exactly is your problem?

      What's with the unless? Fair use is an exception to copyright. It's a utilitarian exception, which seems sensible, since copyright is utilitarian anyway

      And to think, just moments ago, you were saying that the utilitarian way would be to allow anyone to copy a work.

      Getting a copyright should be neither hard nor expensive. Just not automatic.

      Here's an idea: If you don't care how easy it is to get one, why don't you just mandate that an artist can protect his works merely by stating publicly that he doesn't want it copied? There's no reason it couldn't work, after all currently we do the exact opposite of that.

      Patents require an inventor to apply for a patent on their invention, and to fill out lots of paperwork, pay substantial fees, and renew the patent periodically lest it expire sooner than it otherwise might. And of course, this is all traditional in copyright law. It's not really that foreign to us

      Damn right it's not foreign. In fact, your idea of being able to register a copyright seems like a perfect job for the U.S. Copyright Office.
      It's funny you mention patents though, since theoretically it's possible to stop others stealing your ideas even without a patent.

      No, I mean the copyright law of the United States of America. For copyright law purposes, architectural works include things like houses, but not things like bridges.

      Whereas the English language definition includes pretty much any construction, which is what you dislike, hence the English language definition is too broad for your liking. Unless you're claiming that even the US copyright law definition, which (allegedly) only defines architecture as residences, is still too broad.

      No, you're wrong there.

      Oh, thank goodness I was only wrong there. I was beginning to think you though everything I said was wrong, turns out it was just that one irrelevant paragraph. Luckily though, copyright law specifically protects architecture.

      Where are you getting the 'single act' from? I see no reason why you co

    145. Re:Encryption by cpt+kangarooski · · Score: 1

      Would that be in a similar way to how you confuse intangible goods and tangible goods by claiming first sale in an argument on copyright?

      I don't recall confusing them. And since first sale is a copyright doctrine, which provides an exception to one of the exclusive rights that compromises copyright, and is generally considered to be an important part of copyright law, I don't really see what's so odd about invoking it.

      Then why, oh why, did you start this conversation by attacking someone for defending copyright, and start claiming that free speech means you should be able to copy anything you like?

      I didn't. Here is what started the current thread:

      No one has a natural liberty to produce duplicate works of someone else's creative work

      Of course we do; we all do. It's called freedom of speech, and it not only concerns one's own speech, but also the repetition of the speech of others. (E.g. if I were to perform Shakespeare, and the government tried to stop me, I could assert my free speech rights and would surely succeed, even though I am not Shakespeare)

      This right is inherent and everlasting. Copyright is a temporarily and partial cessation of that right, but when the copyright term expires (and to various degrees even while a work is copyrighted) the right is no longer ceded.

      See what I did there? I didn't attack the concept of copyright, nor did I say that free speech means that we should ignore copyright laws. I merely said that there is a natural right to copy whatever you like, contrary to the earlier poster's claim, but that we may temporarily, partially cede that right, which is how we establish a copyright regime in the first place.

      I support copyright, you support copyright, what exactly is your problem?

      You're the one who replied to me. But although we both support things that fall in the realm of copyright, I don't think that our positions are actually all that similar. I think that copyright should, above all else, serve the public interest; you appear to think that it should serve authors, regardless of the effect on the public. Both of these involve support for some kind of copyright, but they're still nearly opposites. The more specific an issue you look at, the more likely it seems that we'll have great differences of opinion.

      What's with the unless? Fair use is an exception to copyright. It's a utilitarian exception, which seems sensible, since copyright is utilitarian anyway

      And to think, just moments ago, you were saying that the utilitarian way would be to allow anyone to copy a work.

      Well, that's a valid possibility, if there was not any possible copyright system that produced a greater public benefit than having no system at all. In that case, having no copyright law would be the best choice. This is why I leave abolition on the table, but I've really seen nothing to suggest that there's absolutely no better option. I'm convinced that there are plenty of laws that would be better than nothing.

      Still, what you probably saw me say, and you're misreading, is that it might be good to allow some people to copy works under some circumstances; that relaxing the restrictions of copyright in such a manner actually furthers the overall goals of copyright. Fair use does precisely that. I think that my nuclear exception also does. If I didn't honestly hold that opinion, I wouldn't be advocating for it.

      If you don't care how easy it is to get one, why don't you just mandate that an artist can protect his works merely by stating publicly that he doesn't want it copied?

      That's fine. But obviously, if an author just says 'don't copy my work' whilst standing in the middle of Times Square, that's not very helpful. So there should be some sort of database, so that we know what author is making claims as to what work. Registering with that database would be an excelle

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    146. Re:Encryption by oracle128 · · Score: 1

      Sigh...I see you STILL don't get it. How embarrassing...

      Here's a simple one: YES or NO.
      You would support a law that stipulates lawyers must provide their services to people for free to anyone who wants it, but they may charge money if working for a commercial entity, if they wish. Once again, YES or NO.

    147. Re:Encryption by cpt+kangarooski · · Score: 1

      It's not a similar situation. The goods created by an author are not the same as the labor of the author. Try again, and don't forget to use nonrivalrous goods.

      Though I would point out that lawyers are already usually required to put in a certain number of pro bono hours each month. The bigger change would be the 'anyone.' We can choose our clients freely, though I understand that in some countries lawyers have to accept any client that walks in the door, so that wouldn't be absolutely unheard of either.

      Still, if this is what we've come to, try this on for size: Do you think that the government, when spending public money or permitting the private use of public resources (e.g. collecting timber from public land), should adopt an arms-length position as to contractors and other suppliers, so that the people get the most value for their tax dollar? Yes or no?

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    148. Re:Encryption by oracle128 · · Score: 1

      I see you're incapable of following basic instructions. And to think, you wondered why I believed you to be either irrational or grossly incompetent!

      Good day.

  3. Psst. Copyright doesn't work like that! by 91degrees · · Score: 5, Insightful

    As a rule, you don't copyright the exact data (i.e. the sequence of numbers representing a digital file). You copyright the actual tangible information. Attempting to abstract the law into mathematics is pointless. They are not compatible.

  4. Data != Information by Rary · · Score: 5, Insightful

    Incidentally, no data passing through the network can be considered copyrighted because the means by which it is represented is truly random.

    It's not the data that's protected by copyright, it's what the data represents.

    No matter how you mangle the data when storing it or transferring it from one location to another, the end result is the same. They're trying to use semantics and technical voodoo to get around copyright law. It won't work.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    1. Re:Data != Information by larry+bagina · · Score: 5, Funny

      When the RIAA files a lawsuit, you can testify in court that you were actually downloading kiddie porn.

      --
      Do you even lift?

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

    2. Re:Data != Information by dominious · · Score: 1

      however there won't be a way to identify which is which as mentioned in a previous story where encrypted data could be throttled

    3. Re:Data != Information by iocat · · Score: 5, Interesting

      You're right, but wouldn't this move the 'infringer' to the guy who had the URL to put all the little random chunks together into a Maroon Five file on his PC, not the girl who had one 128K chunk that *could be* used to represent the Maroon Five file -- or a shopping list -- on her PC?

      --

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

    4. Re:Data != Information by inviolet · · Score: 5, Funny

      It's not the data that's protected by copyright, it's what the data represents.

      No matter how you mangle the data when storing it or transferring it from one location to another, the end result is the same. They're trying to use semantics and technical voodoo to get around copyright law. It won't work.

      Defense: I didn't do it.
      Prosecution: We found the body in your apartment, hidden under your bed.
      Defense: It is true that I placed a fast-moving bullet into the air adjacent to his chest, but if there happened to be any later consequences, those were not clearly visible from the location of the trigger.
      Jury: Hang him.

      So yeah, this is no legal defense. But perhaps it wasn't meant to be one. It seems like subterfuge, countersurveillance, and plausible deniability than anything else. But that plausibility won't hold up long, because the courts will soon say "If we find a bunch of random files on your drive, the burden is on *you* to prove that they aren't naughty bits." They'd make you extract the original content from the blocks, which hopefully haven't later disappeared off the internet, and if you couldn't do it then you'd be in hot water.

      --
      FATMOUSE + YOU = FATMOUSE
    5. Re:Data != Information by Ed+Avis · · Score: 2, Informative

      The idea of a chunk that 'could' be used to represent part of a copyrighted work is specious. Using XOR encryption, a copy of Madonna's latest video 'could' just be my weekly shopping list, encrypted with a particular one-time pad. Anything could be anything, and therefore the concept of 'could be' is useless.

      --
      -- Ed Avis ed@membled.com
    6. Re:Data != Information by AlterRNow · · Score: 1

      I thought it was innocent until proven guilty?

      --
      The disappearing pencil trick. Let me show you it.
    7. Re:Data != Information by Anonymous Coward · · Score: 0

      It's not the data that's protected by copyright, it's what the data represents.

      No matter how you mangle the data when storing it or transferring it from one location to another, the end result is the same. They're trying to use semantics and technical voodoo to get around copyright law. It won't work.

      True, but it was WIPO that went through this path first, considering as "copies" those things that were made just incidentally for transmitting information from A to B (and even if I have the legal right to do it). This at least forbids the usage of such attack.

    8. Re:Data != Information by kaiser423 · · Score: 1

      Exactly.....but since the key if is effectively a one time pad, then it could decode to anything.

      It would be an interesting court case if that "copyrighted file" also decrypted to a shopping list, a website, and a recording of the defendant dictating something. All it would take would be one time pads that effectively map that exact number of bits to the same number of bits just holding different data.

    9. Re:Data != Information by kaiser423 · · Score: 1

      Just thought I'd mention that I still think that the court would convict for copyright infringement because it's obvious that there was probably only one key that was widely circulated. Math kung-fu isn't going to get around simple common sense...especially if that exact file is sitting on your computer post-decoding from this filesystem.

    10. Re:Data != Information by Urkki · · Score: 2

      I thought it was innocent until proven guilty?

      You're thinking of the wrong century.
      A common mistake in these post 911 days.

    11. Re:Data != Information by plasmacutter · · Score: 1

      Just thought I'd mention that I still think that the court would convict for copyright infringement because it's obvious that there was probably only one key that was widely circulated. Math kung-fu isn't going to get around simple common sense...especially if that exact file is sitting on your computer post-decoding from this filesystem.

      that's funny, pseudo-cs kung fu gets around simple common sense regarding the extortio...i mean "righteous lawsuit campaign against the evil john does"

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    12. Re:Data != Information by Fallen+Kell · · Score: 1

      I thought it was innocent until proven guilty?

      Which decade do you think you live in? When computers are involved you are always guilty until proven innocent.

      --
      We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    13. Re:Data != Information by Smidge204 · · Score: 1

      For CRIMINAL cases, yes.

      Copyright infringement is a CIVIL action, and that rule doesn't apply...

      Take the following with a huge dose of salt.

      The way I understand it - and I didn't read through it very carefully, I admit - is that the chunks are not simply encrypted portions of the file but rather derivatives of the original chunk in such a way that they can occasionally be reused. For example, I have two files: X is copyrighted and Y is not.

      X gets broken into chunks A and B.
      Y gets broken into chunks A and C.

      Through some digital alchemy, they both contain crypto-chunk "A" - therefore, the existence of crypto-chunk "A" on your hard drive is not evidence that you are storing a portion of copyrighted file X.

      Somewhere, though, there is data for reassembling the original file from the scattered crypto-chunks. It might be possible, for example, that an entirely different file "Z" could be recovered by combining crypto-chunk "B" and "A". Thus:

      Chunk A + Chunk B = File X
      Chunk A + Chunk C = File Y
      Chunk B + Chunk A = File Z

      So the existence of chunks A and B can't be used to (conclusively) prove you have file X, as there is an alternate legit meaning to those chunks.

      Is this how it actually works? I have no clue! I'm not a crypto kind of guy.
      =Smidge=

    14. Re:Data != Information by Anonymous Coward · · Score: 0

      "If we find a bunch of random files on your drive, the burden is on *you* to prove that they aren't naughty bits."

      No more innocent until proven otherwise?

    15. Re:Data != Information by omnichad · · Score: 1

      Yes...I'll take this DVD and encode it into DivX. None of the original bits! This can't be copyright violation.

    16. Re:Data != Information by Yvanhoe · · Score: 1

      Well, what about that : I have this set of three files of the same size that are respectively, a screener of Indiana Jones IV (illegal), a 700 MB chunk of random data (legal) and a third file obtained by combining these two files through the XOR operator. Now, a court would most probably rule the third file as illegal, as it contains the data to obtain a screener of a copyrighted movie. But watch their confusion as, while XORed with another seemingly random file, it forms a set of litterature from the XVIIth century, and XORed with another one, a documentary on Inuits. "See, your honor ? This is framing, you could get any copyrighted work by carefully crafting a chunk of data to feed into this XOR operator."

      Granted, you won't fool a (competent) computer scientist with that, but a jury could be confused, to say the least. Someone sharing only the third file would, IMHO, have a better chance in trial that someone sharing the first one.

      Now, trials take intentions as well as technical details into account. "Why were you sharing this chunk of data, as it is random garbage ?". But there is a retort to that : combined with this (4th file), commonly shared by many of my fellow OFFers, it reads as a knoppix live CD, a tool very much appreciated by IT professionals, which happens to be my profession"

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    17. Re:Data != Information by archeopterix · · Score: 1

      But that plausibility won't hold up long, because the courts will soon say "If we find a bunch of random files on your drive, the burden is on *you* to prove that they aren't naughty bits."

      "No person shall at any time posess any computer system file or any other information stored in an information storage or retrieval system unless he is able to explain in detail a lawful purpose of every single bit of that file."

    18. Re:Data != Information by Anonymous Coward · · Score: 0

      Do you mean like how the **IAA uses semantics and technical voodoo to get around fair use law?

    19. Re:Data != Information by Rary · · Score: 4, Insightful

      Granted, you won't fool a (competent) computer scientist with that, but a jury could be confused, to say the least.

      Hans Reiser thought he could out-smart the jury. Look how well that worked for him.

      Neither judges nor juries like to feel like they're being played. You play a game like that, attempting to confuse them with technology that's over their heads, and you're not exactly going to win them over.

      The result of that kind of argument will likely be that they ignore the part that's confusing to them, and focus on the part that's simple to understand: you have the Indiana Jones movie on your hard drive, and that's a copyright violation. Simple.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    20. Re:Data != Information by nemo136 · · Score: 1

      Problem Here ! Something in law states that somebody is innocent unless proof of guilt is found. Some random bites without any mean to assemble anything is not a proof in any way !

    21. Re:Data != Information by TechForensics · · Score: 1

      "If we find a bunch of random files on your drive, the burden is on *you* to prove that they aren't naughty bits."

      What about the fifth amendment? You can refuse to incriminate yourself by doing the decryption and you don't have to say *why* doing the decryption would incriminate you. No prosecution.

      Also in the case of Freenet, you quite literally do not know what is on your disk and might not be able to decrypt it no matter how many Lugers the copyright Gestapo point at your nose.

      --
      Those are my principles, and if you don't like them... well, I have others.
    22. Re:Data != Information by Anonymous Coward · · Score: 0

      ...the courts will soon say "If we find a bunch of random files on your drive, the burden is on *you* to prove that they aren't naughty bits."


      Right - because we live in a world where everyone is considered guilty> until proven innocent, and everyone knows that it's easy to prove a negative.

      Here on Htrae, Us know how to do legal stuff wrong!

    23. Re:Data != Information by Yvanhoe · · Score: 2, Interesting

      The result of that kind of argument will likely be that they ignore the part that's confusing to them, and focus on the part that's simple to understand: you have the Indiana Jones movie on your hard drive, and that's a copyright violation. Simple.

      "The big guy nobody likes (RIAA/MPAA) don't like this technology because they can't control it. They framed me while I was downloading Knoppix linux because they don't like this software." Big guy vs small guy. Easy to understand as well. Really, I think that could work.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    24. Re:Data != Information by Qatz · · Score: 1

      But that plausibility won't hold up long, because the courts will soon say "If we find a bunch of random files on your drive, the burden is on *you* to prove that they aren't naughty bits."

      "No person shall at any time posess any computer system file or any other information stored in an information storage or retrieval system unless he is able to explain in detail a lawful purpose of every single bit of that file."

      Wouldn't this make owning proprietary operating system illegal? Or in fact any other piece of software that hides information from the owner/license holder?

    25. Re:Data != Information by Katmando911 · · Score: 1

      Or more likely a bunch of copyrighted files that all coincidentally happened to use a block that you have stored on your PC. There's only so much area with 128KB blocks before you start getting collisions. I think the owner of the PC would only have to show legal uses of those blocks to be off the hook completely. Now the person distributing the URLs which assemble those blocks, that's where the infringement is occuring.

    26. Re:Data != Information by Anonymous Coward · · Score: 0

      I think a reasonable argument could be made that the intermediaries do not and cannot know what they are carrying, so as long as the system has substantial non-infringing uses, they are effectively (and perhaps legally) common carriers.

      I'd guess that the courts would look at the whole thing as just a big black-box "system". The people operating the individual components inside the black box probably aren't liable unless they knowingly facilitate individual infringements (much like ISPs).

      However, the people putting data into the box, and the people pulling data out of the box, are still screwed.

    27. Re:Data != Information by complete+loony · · Score: 1
      This sounds like a job for FUSE. Don't store the decrypted movie on your disk anywhere, just the bunch of random data blocks you need to construct it. Of course you'll still need the URL to actually read the file.

      In fact if I was writing a client I wouldn't store the URL permanently. Just have 2 processes you can use to parse a URL and queue the download of any missing random blocks and another process you can use to stream the contents to the appropriate application (eg mplayer) or mount a virtual filesystem.

      There is no reason to permanently store the URL or the decrypted file.

      --
      09F91102 no, 455FE104 nope, F190A1E8 uh-uh, 7A5F8A09 that's not it, C87294CE no. Ah! 452F6E403CDF10714E41DFAA257D313F.
    28. Re:Data != Information by elucido · · Score: 1

      thats very interesting. why dont you write a plugin?

  5. Big load of BS by xquark · · Score: 0

    how is this junk different from encryption or plausible deniability file systems - distributed or localized?

    --
    Arash Partow's Philosophy: Be a person who knows what they don't know, and not a person who doesn't know.
    1. Re:Big load of BS by js_sebastian · · Score: 2, Insightful

      how is this junk different from encryption or plausible deniability file systems - distributed or localized?

      Congratulation to the moderators, for moderating +4 insightful a post which is a one line question titled "Big load of BS", written by someone who clearly did not RTFA.

    2. Re:Big load of BS by xquark · · Score: 1

      I read the article and read the wiki, again I ask: "how is this junk different from encryption or plausible deniability file systems - distributed or localized?"

      --
      Arash Partow's Philosophy: Be a person who knows what they don't know, and not a person who doesn't know.
    3. Re:Big load of BS by js_sebastian · · Score: 1

      I read the article and read the wiki, again I ask: "how is this junk different from encryption or plausible deniability file systems - distributed or localized?"

      Kudos to you then ;-)

      I guess you can call it a distributed encrypted file system with plausible deniability if you want. I am not aware of any other implementations of the concept though. I still do not see how that makes it a "Big load of BS". Also, I think the fact I can use blocks which may be part of someone else's stuff to encrypt my own sounds like a cool and relatively new idea to me.
       

  6. Re:Psst. Copyright doesn't work like that! by Richard_at_work · · Score: 4, Interesting

    Yup, and attempted get-arounds like this are stuff courts love to slap down.

  7. Freenet File System by nurb432 · · Score: 1

    Or at least that is what it sounds like to me from the summary.

    --
    ---- Booth was a patriot ----
  8. The data would change from by OeLeWaPpErKe · · Score: 2, Interesting

    "copyrighted data"

    to

    "encrypted copyrighted data"

    The first is merely infringement. The second is conspiracy to commit infringement, and you will have lost any chance of defending with "I didn't know it was copyrighted".

    Curiously enough things like this are exactly why "conspiracy to commit" crimes exist.

    Furthermore, unless I'm making a stupid mistake, it doesn't actually distribute the data, the key to find the data in the P2P net is the same length as the original data, in the random case, which buys you exactly ... nothing. You have to download the file twice.

    This thing does not evade copyright law, and it's inconvenient to boot. I don't think I'll be placing a second look.

    1. Re:The data would change from by phoenix_nz · · Score: 5, Informative

      It's not encryption. What you will be downloading is several random files that when combined make up whatever you want.

      The cool thing is that the files really are random. They are simply numbers that can be combined to make a copyrighted file but don't have to be.
      In other words: (As stated on the wiki) you will infringe on copyright the second the random files are combined. But downloading and sharing the files is not a copyright infringement.

    2. Re:The data would change from by nurb432 · · Score: 3, Insightful

      The second is conspiracy to commit infringement, and you will have lost any chance of defending with "I didn't know it was copyrighted"

      Unless you don't know what is stored where.

      --
      ---- Booth was a patriot ----
    3. Re:The data would change from by Anonymous Coward · · Score: 4, Insightful

      And how do you know which files to download? You know because from somewhere you got a key that told you WHICH files you need.

      The key is where this falls down. The key is an encrypted representation of the original. Trading the key is where the infringement occurs.

      Let's take a simple examples. There are 4 files in my "brightnet"- "00", "01", "10", "11". I name these files "a","b","c","d".

      Now I have my copyrighted string I want to trade. My string is 01101101001010.

      I need to generate the key for the brightnet, which is "bcdbacc". This tells me that I need to take file b, then file c, then file d... to reproduce the original.

      Now, you can argue that downloading file a, b, c, or d in itself isn't a violation. That may be true, but it misses the point. The point is that the brightnet is useless without my key file "bcdbacc."

      My key file is, in itself, an encryption of the original copyrighted string. Trading in the KEY is the problem, even if downloading the files I'll use to decrypt it isn't.

      All this does is let us generate multiple possible encryptions of the same file. And, with large enough brightnet blocks, each one can be shorter than the original. Which is cool for file traders--if there are multiple keys that encode the same file, now all of a sudden it's harder to catch me trading files--I can send the same file to 2 people using 2 different keys, so simply watching for a specific key won't catch me trading a particular file

      At best, this makes it easier to trade copyrighted files. But thinking there's no obvious copyright violation here is just silly.

    4. Re:The data would change from by mdmkolbe · · Score: 2, Insightful

      The random blocks don't infringe the copyright, but the key would likely be considered a derivative work and thus the key infringes the copyright.

    5. Re:The data would change from by OeLeWaPpErKe · · Score: 1

      But you know exactly what is stored : that's the whole point of having this filesystem.

      You know the way to combine these supposedly random bytes (they are actually derivatives of copyrighted works, since they are generated starting with said copyrighted work) into the original work.

      So you're fucked ...

    6. Re:The data would change from by nurb432 · · Score: 1

      Gotta prove you knew what/when/where.

      In a properly distributed system, you cant prove any of that.

      --
      ---- Booth was a patriot ----
    7. Re:The data would change from by OeLeWaPpErKe · · Score: 2, Informative

      Actually the algorithm is not performing a search through truly random blocks, but rather generating new 'random"* blocks by combining old blocks with the copyrighted file.

      So the blocks AND they key are derivative works, meaning even users of this app who are just researching it become liable for copyright infringement if any of the users puts even a single copyrighted file on it.

      DESPITE not being able to read said file.

      The law does not specify what comes out, only what goes in. Copyrighted files go in -> duplication of what comes out is prohobited without copyright owner's permission.

      It's like leaving your car without the handbreak on the top of a hill. Nothing has to go wrong, but one little blow of wind, one single individual who brushes the car and *bang*.

      * this is a totally unprecedented definition of the term random, by this definition anything not recognizeable is random. So a rot-13 encrypted stream of zeros will be random under this definition ... it's not. At all. These blocks contain in reality a huge amount of entropy.

    8. Re:The data would change from by plasmacutter · · Score: 1

      and what if the encrypted form of "the bourne supremacy" was "the holy bible: king james version"?

      are you going to take the bible out of the public domain?

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    9. Re:The data would change from by DarthStrydre · · Score: 1

      Not necessarily... I COULD be using the Brightnet as a random data source. In which case the random blocks are indeed nothing more than random blocks moving into my RNG darkChaos machine.

    10. Re:The data would change from by mea37 · · Score: 1

      I see. And how does one know which numbers to combine to make the original file?

      Oh, you tell them. Well, that's copyright infringement. Have a nice day.

      It does not matter how complex the representation is. What's copyrighted is what the file(s) represent.

    11. Re:The data would change from by Daengbo · · Score: 1

      But if I have the legal right to the copyrighted data, and I keep the key and don't distribute it, wouldn't that mean that I could use this system to store my copyrighted material without fear of being sued?

      Reading the summary, I didn't get the idea that this system was for sharing copyrighted works, just for distributed storage.

    12. Re:The data would change from by mseidl · · Score: 1

      combined make up whatever you want.


      With your random chunks combined, I'm Captain Planet!

    13. Re:The data would change from by AllIGotWasThisNick · · Score: 1

      Gotta prove you knew what/when/where.

      No, that's the point about conspiracy to commit as suggested by the GP... you *don't* have to know at all.

    14. Re:The data would change from by merreborn · · Score: 2, Insightful

      And how do you know which files to download? You know because from somewhere you got a key that told you WHICH files you need.

      The key is where this falls down. The key is an encrypted representation of the original. Trading the key is where the infringement occurs.

      That's not immediately clear. The Pirate Bay's entire purpose is distributing "keys" that point to external resources where copyrighted data can be found.

      Similarly, a HTTP URL of a copyrighted file is a "key" that instructs your browser where it can fetch copyrighted data.

      At the very least, under Swedish law, neither of these have been demonstrated to be illegal. IANAL, but IMO, this is the legal equivalent of bittorrent, with the added benefit that the "seeds" never actually store copyrighted data.

      As the GP said, the only infringement occurs when you actually reconstruct the file after downloading.

      If "keys" are illegal to distribute, then let's make everyone who reads this thread an infringer:
      http://rapidshare.com/files/58489700/Metallica-TheEarlyDays.rar

    15. Re:The data would change from by Anonymous Coward · · Score: 0

      In other words: (As stated on the wiki) you will infringe on copyright the second the random files are combined. But downloading and sharing the files is not a copyright infringement.

      They're just obfuscating the data and keeping the method to interpret them "private".

      Secondly, you can turn OFF's "number magic" against them: They claim the block is random because they look at a sequence of bytes, for which the distribution may well be random. I see the block as a very distinct pointer (1 number): 1 bit change and the resulting file is different (mangled on 1 bit).

      What they do is the opposite of dimension reduction.

    16. Re:The data would change from by Anonymous Coward · · Score: 0

      Additionally, if the random pieces come from enough different sources, and can be used to recompose enough different files, it could become extremely difficult to determine which files are actually being downloaded. This combined with the fact that a file uploaded for fishing purposes will not be served from your local machine, makes gathering evidence all the more difficult.

      Given appropriate spying privileges though, it would be possible to piece together this information, so it would still be a good idea to encrypt peer connections.

    17. Re:The data would change from by JoelKatz · · Score: 1

      I don't see why. The system does not really encrypt the files, just combines them. It always creates a "last block" that represents the copyrighted data's difference from existing known blocks. I don't see ho created that "last block" and uploading it wouldn't violate the copyright.

      If that's what you want to do, simply encrypt the files and upload the encrypted versions. So long as you don't give out the key, I don't see that there's a problem. (And if you want to illicitly distribute with plausible deniability, distribute the key illicitly and tell people where to download the encrypted data.)

    18. Re:The data would change from by JoelKatz · · Score: 1

      I think you don't understand what the system actually does. Imagine, for the sake of argument, a work was exactly one block long, for simplicity. The system would randomly choose two non-random blocks (from the stored blocks that it knows about), XOR them with the data you want to store, and store that result of that operation.

      Now if the data you're storing is The Bourne Supremacy, one of those blocks might be The Holy Bible, but the output block that you now have to store is useless for any purpose other than reconstructing The Bourne Supremacy.

      This system cannot ever create a case where a copyrighted work can be constructed completely out of other works in there normal format. There will always be at least one "random-looking block" that, when it was created, served only to make the copyrighted content storable in the system.

    19. Re:The data would change from by Daengbo · · Score: 1

      What I'm saying is that this "URL" (your "last block") doesn't have to be public, and if it's not public, then it's basically the same as encrypting before uploading. The result: you can store copyrighted works in a distributed file system without being sued for distribution since the file is not recoverable by anyone but you.

    20. Re:The data would change from by Anonymous Coward · · Score: 0

      The cool thing is that the files really are random. They are simply numbers that can be combined to make a copyrighted file but don't have to be.
      In other words: (As stated on the wiki) you will infringe on copyright the second the random files are combined. But downloading and sharing the files is not a copyright infringement.

      Using that argument:

      I offer a bunch of tiny uncopyrightable files for download that contain either "1" and "0"
      I also tell you the order in which to combine these files to construct "Britney-BlahBlah.mp3"

      Woohoo...free and clear of the law, right?

      Bullshit.

    21. Re:The data would change from by JoelKatz · · Score: 1

      You could do that if this system encrypted, like almost every other proposed distributed storage system. But this one doesn't.

      In principle, someone could try new blocks uploaded to the system against all available other combinations of blocks (which can be pre-XORed to save time). If they find a combination of two blocks which, along with the block you just uploaded, XORs to a copyrighted work, you're screwed.

      So, no, this system is worse than encrypting before uploading because it doesn't encrypt.

    22. Re:The data would change from by Anonymous Coward · · Score: 0

      You can contribute to copyright infringement without being the direct infringer and it makes you an infringer as well. If you store the bits knowing that they are used by somebody for infingement purposes, you are not in the clear. The law will consider your knowledge and intent, not just the bits.

  9. Good luck with that. by Anonymous Coward · · Score: 0

    I'm not transmitting copyrighted data. I'm transmitting encrypted data, and a pointer to a key that will let you decrypt it INTO copyrighted data! Brilliant!

    Hell, by that logic, I can't possibly break copyright distributing an MP3--it's not music, just 1's and 0's that the receiver will be trivially able to turn back INTO music.

  10. How is this different to Tahoe? by Spiv · · Score: 2, Informative

    Doesn't Tahoe already do this?

  11. From the Wiki by Lord+Bitman · · Score: 4, Interesting

    "A simple analogy is seen in that every number has an infinite number of representations (3+2=5, 2*2+1=5, 10-5=5, 10/2=5, etc). Even if the number (file) in question can be copyrighted under current legislation, it is practically impossible and unreasonable to state that every other representation of that particular number is copyrighted."

    Actually, no, it's not unreasonable or impractical. In fact, that's how it actually works. Star Wars is copyrighted as a DVD, Film, mpeg, script, live performance, song, interpretive dance, etc. ..right?

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
    1. Re:From the Wiki by mdmkolbe · · Score: 1

      IIUC & FFCM, copyright is based on derivation not information.

      So, if you randomly and independantly came up with the same bits as the Star Wars DVD, then you wouldn't be infringing because there is no derivation even though the information is the same (though that situation is implausible enough that it would be hard to prove it). However, if you just kept randomly generating values and checked them until they "happened" to match the XOR of the original Start Wars DVD with the 47MHz radio static that happened on your birthday, they would have a copyright claim on the result since it is derivative.

      IIUC = If I understand correctly FFCM = Feel free to correct me

    2. Re:From the Wiki by morgan_greywolf · · Score: 1

      Actually, no, it's not unreasonable or impractical. In fact, that's how it actually works. Star Wars is copyrighted as a DVD, Film, mpeg, script, live performance, song, interpretive dance, etc. ..right?

      Not necessarily, at least on the last 4 or 5 items.

      If I do 'Star Wars as interpretive dance', what I have isn't necessarily a copyright violation, it may be parody. And parody is protected under 'fair use' exemptions as free speech. It depends on how closely it tracks to the original film. And I'm guessing 'SW as ID', by definition, isn't going to track closely enough to not be parody.

    3. Re:From the Wiki by MrNaz · · Score: 1

      Does that mean my interpretive film, Star Whores, following the adventures of Luke Skyporker, Princess Layer and Obi Wad Kinobi against Darth Boner is a copyright violation? Damn, as if it didn't already have enough violation in it.

      --
      I hate printers.
    4. Re:From the Wiki by Anonymous Coward · · Score: 0

      Actually, no, it's not unreasonable or impractical. In fact, that's how it actually works. Star Wars is copyrighted as a DVD, Film, mpeg, script, live performance, song, interpretive dance, etc. ..right?

      That's not what he's saying - or trying to say. He's saying that if you break it into small pieces, are the pieces copyrighted?

      Of course that's assuming that you don't have all the pieces necessary to put the copyrighted work back together.

      Let's see now, the DVD of Return of the Jedi consists of these four pieces: 00, 01, 10 and 11. Does Lucasfilm own the copyright to those pieces? Or only to the result?

      If someone gets the different pieces from different people, who (unlike bittorrent) only have one or two pieces each, are they infringing copyright, or are the only two copyright infringers the one who uploaded the movie in the first place, and the one who put the pieces together?

    5. Re:From the Wiki by clone53421 · · Score: 1

      Hmm. I wonder what would happen if somebody claimed that blocks "A" and "B" (which, coincidentally, can be XORed to form copyrighted file "C") are parodies of "C"... naturally a parody contains derivative information from the copyrighted work, so might several parodies together contain enough information to recreate the original work?

      It'd never work, of course. It makes sense, but it'd never work...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    6. Re:From the Wiki by JoelKatz · · Score: 1

      It doesn't matter. We should easily agree that the person who split the work into pieces from which the work can be reconstructed and distributed those pieces is violating copyright. We should easily agree that the person who put those pieces back together and reconstructed the original work is violating copyright.

      The only issue is whether the people "in the middle" who stored and transferred pieces of the original work are. And the answer is the same whether they used this "split into pieces" method or any other method. If they knew about and intended to facilitate the end violations, yes. If not, no.

      This method provides no advantage over simple encryption and provides a number of serious disadvantages.

      The "key" to reassemble the pieces will be too large for humans to memorize, unlike conventional encryption. The download process will take three times as long. The data is not really protected since the key may be determinable by brute force. So this is really bad encryption (equivalent to a one-time pad) with a bunch of nonsense hand-waving about how it makes bad things go away.

  12. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 5, Insightful

    Attempting to abstract the law into mathematics is pointless.

    Hmmm... I don't think that's the objective, exactly. I didn't read TFA as saying "material distributed in this way is not subject to copyright" but rather "none of the bits we're moving are copyrighted - go pester the people doing the uploading"

    I also think there is a useful discussion to be had on the subject of numbers and the digital assets they may or not represent. If I zip up MS Office, for instance, I've turned it into a very long number. Is it reasonable to allow companies to claim ownership of such numbers? With the proper compression and/or encryption scheme, you could use any number (trivially in some cases) to represent a work over which you can claim copyright. Do we then let a corporation privatise the entire integer space? And if not, how do we distinguish between infringing and non-infringing uses of a large number?

    --
    Don't let THEM immanentize the Eschaton!
  13. Re:Psst. Copyright doesn't work like that! by tomtomtom777 · · Score: 3, Informative

    As a rule, you don't copyright the exact data (i.e. the sequence of numbers representing a digital file). You copyright the actual tangible information. Attempting to abstract the law into mathematics is pointless. They are not compatible.

    That's not the point. The point is that if someone downloads blocks from me to be used for copyrighted material, I cannot know what it is used for. Maybe these block also encode legal stuff. Because the same block encodes multiple files, and because a request does not state what the data is gonna be used for, I (probably) cannot be holded responsable for sharing copyrighted material.

  14. Re:Psst. Copyright doesn't work like that! by Richard+W.M.+Jones · · Score: 3, Interesting

    You copyright the actual tangible information. Attempting to abstract the law into mathematics is pointless. They are not compatible.

    You're dead right. What is interesting is that if you're "caught" with some of these random blocks on your disk, they're just random blocks of data. You can't decode them unless you have the key, hence there's no charge of copyright infringement.

    One problem with the proposal (which, by the way, is very obvious, and is how FreeNet and other systems work) is that their key length needs to be the same length as the data, because it's effectively a One Time Pad. If it's any shorter than the original data, then there will be a way to unencrypt the data without the key (proof by a simple counting argument).

    Rich.

  15. Re:Psst. Copyright doesn't work like that! by adpsimpson · · Score: 4, Insightful

    Once I actually understood what on earth they are on about, it seems like an interesting idea with very little basis in reality. Their main claim seems to be a magic-wand approach to getting round copyright, as opposed to a particularly useful distributed filesystem:

    No data passing through the network can be considered copyrighted because the means by which it is represented is truly random

    Sure... So if I put in Brittany's latest album, then tell my friend to click on the url that 'reassembles' the 'truly random' data into, well, Brittany's latest album, then do you really think copyright has nothing to say?

    Breaking news! Photocopying books is TOTALLY LEGAL if you use yellow paper and/or put the book in the machine upside down!

    A correctly encrypted file also appears random. It does not mean it IS random, otherwise it would be, well, not very useful.

    --
    Is crushing a suspect's child's testicles illegal?
    John Yoo: "No, [if] the President thinks he needs to do that."
  16. So if I lose the URL... by Anonymous Coward · · Score: 0

    the space being used on the various hard drives involved becomes unrecoverable? Yay! Another Distributed Cruft Accumulator for teh Interweb!

    1. Re:So if I lose the URL... by aproposofwhat · · Score: 1

      No, because the blocks being stored on the various hard drives could very well be used with another URL to reconstruct a totally different file to the one in the URL you lost.

      --
      One swallow does not a fellatrix make
    2. Re:So if I lose the URL... by DarthStrydre · · Score: 1

      Thats about the time you have to fsck your Brightnet to fix the crosslinked files :-D

  17. Huh? by Anonymous Coward · · Score: 0

    If what they claimed is true doesn't that make a zip file of a dvd image downloaded via bit-torrent ( and everything ) legal?

    1. Re:Huh? by ZeroExistenZ · · Score: 2, Funny

      If what they claimed is true doesn't that make a zip file of a dvd image downloaded via bit-torrent ( and everything ) legal?

      Only if you zip it twice and shake your laptop (or wiggle your PC) during the process for randomizing some bits.

      --
      I think we can keep recursing like this until someone returns 1
    2. Re:Huh? by L4t3r4lu5 · · Score: 1

      That is correct.

      However, what they said is very similar in summary to the teachings of a well known Mr. Hubbard, henceforth and previously known as "Bullshit."

      --
      Finally had enough. Come see us over at https://soylentnews.org/
  18. The fallacy. by Anonymous Coward · · Score: 0

    From TFA: "Even if a number (file) in question can be copyrighted under current legislation, it is practically impossible and unreasonable to state that every other representation of that particular number is copyrighted."

    Um...not. This is implying that performing any trivial encryption or other transformation on a file magically renders it uncopyrighted, because now it's a different "representation of that number".

    You can, I suppose, have the "angels dancing on the head of a pin" argument that any random string of 1's and 0's can be "decrypted" to produce any other string by use of the appropriate decryption key, and so say "copyrighting any specific string automatically copyrights every possible string!" That's generally beside the point here. When you're giving someone the key to decrypt your "random" string into another specific string, your intent is pretty clear.

    1. Re:The fallacy. by Fieryphoenix · · Score: 1

      Except that they are right to a point. Passing those randomized data blocks amongst yourselves will not be copyright infringement. Instead, this system less like peer to peer and more like a simple download in its copyright liability. The assembly instructions themselves are a compressed version of the file, and the parties violating copyright are the URL hoster and the person who uses the instructions to assemble the file.

    2. Re:The fallacy. by Anonymous Coward · · Score: 0

      Those randomized blocks are derived from copyrighted files, so passing them will be a copyright infringement.

    3. Re:The fallacy. by Fieryphoenix · · Score: 1

      No, they're not derived from copyrighted files. They are generic 128 bit number strings.

      If host 1 hosted the string that meant the letter P, and host 2 hosted the string that meant letter O, then they would serve those letters upon demand. The URL would instruct someone wanting "Poo" to download once from host 1, and append a download from 2 twice to get poo. Someone wanting "pop" would be told to download from host 1, then 2, then append what 1 sent again.

      All digital files of any sort can be made out of such building blocks and is why the peers are not sending each other copywritten materials.

      But again, the URL host and the person using it to create a file are committing copyright infringement.

  19. Metered Internet. by MoOsEb0y · · Score: 1

    I hope you don't plan on using that with RoadRunner, Rogers, Bell, or any other ISP with a transfer cap.

  20. Summary Misleading by Fieryphoenix · · Score: 2, Insightful

    While individuals are not passing copyrighted files to each other, the copyright violation does occur. The URL with the instructions of how to assemble the file is actually an encoded version of the file. Downloading those instructions is just as much a copyright violation as downloading a digital version of the file, or a zipped archive from which the file can be extracted. So, "nobody shares any copyrighted files, and therefore nobody needs to hide away" is erroneous. Both the person offering the URL and the person accessing it need to hide if it's a work someone's going to exercise copyright over.

    From the main site: "It must be noted that up until the point of retrieval of content from the OFFSystem, storage and transfer of a so-called copyrighted file is completely legal. However, the act of re-assembling a file may be considered copyright infringment in some cases, and users should be aware of legislation regarding copyright law which applies to their jurisdiction before doing so."

    I think this analysis is flawed because it assumes that the instructions to construct a file are not a file, and that only when you have the end file have you copied the work. In fact, if the instructions contain all the information of a work, they are the work, in exactly the same way that any digital representation of a work is the work. "Y'onor, I didn't copy no files, look, this is just instructions to make the files" will not fly any more than "Y'onor, this isn't a music recording, it's ones and zeros."

    1. Re:Summary Misleading by leuk_he · · Score: 1

      You are right. However the summery just repeats what the authors of thebrightnet say. They assume that because they are transfering bytes instead of actual copyrighted dataa they are in the clear.

      They just moved the copyright act of publishing the file to publishing the hash. If that hash/key/url is the only way to retrieve that file then you can be sure that is a the people that is procecuted for the publication.

      torrent sites now can hide (unsuccesful) behind the fact that they are just indexing data pulished by others just like google.

      There is far simpler way to get the same result: password protect (rar,zip) the file you are publishing and give a strange name. Same result without needing a new p2p protocol.

    2. Re:Summary Misleading by clone53421 · · Score: 1

      There is far simpler way to get the same result: password protect (rar,zip) the file you are publishing and give a strange name. Same result without needing a new p2p protocol.

      ...and if everyone did that they wouldn't need to actively prosecute p2p use. Nobody would be able to find the anything they wanted and it'd die off on its own.

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
  21. Insane lengths to go to by cliffski · · Score: 3, Insightful

    Look, I totally get how encryption and plausible deniabiltiy is great if you people are circulating dangerous information about government conspiracies, or organising the resistance in Burma or Zimbabwe, but lets face facts, this will be used to share torrents of Hollywood movies and top 40 albums.

    This is stupid.

    Either accept the fact that all the political posturing about free being a better business model is true, in which case, just go enjoy all the free music/software/games/movies out there, or admit its just smokescreens to justify getting Hollywood movies for free, whilst your entertainment is subsidised by everyone who paid to see that stuff, and thus allow it to be made.

    People seem to have this attitude that this kind of thing is cool because it lets you escape prosecution for copyright infringement. If copyright is such a fucked-up system, then why is it all the stuff people want to share is produced under that system? Surely all the cool movies/software/music/games is being produced under the free model right? Or could it be that the free model isn't viable, or popular with content producers, big and small...

    --
    DRM-free indie games for the PC and Mac: Positech Games
    1. Re:Insane lengths to go to by Daengbo · · Score: 1

      Most of my music collection is from http://jamendo.com/

    2. Re:Insane lengths to go to by totally+bogus+dude · · Score: 1

      I agree that it's stupid, but you do make an interesting point when you mention things that actually matter. Consider something like tor. I run a node because it may, just maybe, be important to someone who's actually using it for something that matters. 99.999% of the traffic going through it is stupid, of course -- I've even received a notification from the MPAA about someone downloading a movie via bittorrent using tor.

      And of course, a Google search for my tor hostname (it has a dedicated IP with an unambiguous rDNS entry) shows tor is often used to anonymize probes for vulnerabilities in websites so spambots can submit spam to forums. And then there's the porn.

      But all of this provides a lot of noise that makes looking at tor traffic rather uninteresting, and perhaps makes it more likely that people using it for Serious Business will actually be able to do so without being detected. So perhaps there is some value in it. If everybody was well-behaved and only used tor if they had a serious reason to need to remain anonymous, you can bet a lot more people with an exit node would be snooping on the traffic just to see what juicy information they could stumble across.

    3. Re:Insane lengths to go to by Anonymous Coward · · Score: 0

      cool, so you are one of the guys making life hell for forum admins.
      Well done.

    4. Re:Insane lengths to go to by totally+bogus+dude · · Score: 1

      If it weren't tor relays it'd be zombiefied boxes, other compromised web servers, hacked accounts, or just people in countries out of your legal system's jurisdiction who don't give a fuck about spam posts to your shitty forum.

      Fuck, slashdot has a massive audience and specifically allows any random dude to post to it -- yet there's a notable absence of spambot postings. (Unless you count twitter.)

      The only thing making life hell for forum admins is their incompetence, or the incompetence of the people who wrote the buggy flaw-filled software they've decided to use.

    5. Re:Insane lengths to go to by gsslay · · Score: 1

      This suggestion, like most of copyright "avoidance" schemes, always remind me of the sort of smart-ass schemes you tried to pull when you were a teenager. Being a smart-ass teenager you'd read the letter of the rules laid down by your parents/teachers and then devise a way of circumvent them so that technically, technically, you weren't breaking any. The fact that you were clearly breaking the spirit of the rules was something you hoped would go unnoticed if you were caught. You'd play all innocent and present a detailed smart-ass analysis of the rules that you technically weren't breaking.

      Of course, what happened is that your parents/teachers saw right through the whole scheme and knew damn well that you knew you were breaking the rules. Amazingly, you'd get punished all the same, and doubly so for being a smart-ass.

      Exactly like this will.

      But what's sad to see is all this inventiveness going to waste on immature reasoning that'll get laughed out of any court. Sharing copyright material can be done by any technically insane lengths you like. But if the end result is the same then it really doesn't matter how smart-ass you've been in doing it.

    6. Re:Insane lengths to go to by Anonymous Coward · · Score: 0

      so its the forum admins fault, not some asshole helping spam bots to attack them.
      nice reasoning.

    7. Re:Insane lengths to go to by swilver · · Score: 1

      What better place to hide your data in a system that everybody uses all the time.

    8. Re:Insane lengths to go to by cliffski · · Score: 1

      security through obscurity? If I was a resistance fighter in Burma, I'd want better than that. A system designed to let geeks take movies for free is a different security priority to one that prevents me getting a bullet through my skull.

      Nobody is even discussing how you might have a legit need for this stuff anyway, its all "this will teach the RIAA!!!!" etc....

      --
      DRM-free indie games for the PC and Mac: Positech Games
    9. Re:Insane lengths to go to by slashqwerty · · Score: 1

      If copyright is such a fucked-up system, then why is it all the stuff people want to share is produced under that system?

      In most countries, anything created today is automatically copyrighted. But really it isn't copyright per se that's messed up. It's just that copyright is out of balance. Back in 1786 copyright was considered a necessary evil. The public should have the right to reproduce artistic works all they want. But it was decided authors should have a short-term monopoly so they would have an incentive to create artistic works in the first place. That limited monopoly was supposed to be just enough to serve its purpose and nothing more.

      Today copyright lasts until the author's great-grandchildren are retired. Most works produced today use this system because no one wants to give up their free entitlements.

    10. Re:Insane lengths to go to by totally+bogus+dude · · Score: 1

      Point being that you'd be getting attacked by spambots even if there were absolutely no open proxies at all on the internet. There's a lot of malicious people out there, and even more people that think spamming forums to try to make a bit of money isn't malicious in the first place, and they don't need tor or anything else.

      Ever noticed an obvious security vulnerability in a site or application and reported it, only to have them get all hostile and blame you for it? Happens all the time, and it's the same mentality as you're displaying: find someone to blame, regardless of how illogical that may be. So long as you can vent on someone, right? Why not blame my ISP for providing me with a server I can do whatever I want with (so long as its legal)? Why not blame your ISP for letting you put a web forum up that isn't sufficiently protected from spambots? That makes about as much sense.

      Anyway, you should be glad people are using tor relays: at least with tor there's plenty of easy to obtain lists of exactly what nodes are part of the network in a format that's easy to parse, so if you find tor relays to be a problem you can set up scripts to automatically block access to your forum from tor relays (or just block posting from those IPs). Good luck doing that with the myriad of other vectors for "abuse" of your forums.

    11. Re:Insane lengths to go to by spazdor · · Score: 1

      These semantic games are our smartassed way of showing the world that the spirit of copyright law is at its very core unenforceable without resorting to measures which are devastating to speech.

      Free culture advocates should be spending more time picking these laws apart, finding the inconsistencies in them, and exploiting these inconsistencies to force the most absurd legal results we can.

      What the smartassed teenager was actually doing was using an IRL reductio ad absurdum to show that the rule was flawed.

      --
      DRM: Terminator crops for your mind!
  22. YANAL by devnullkac · · Score: 1

    [Yada yada yada]. That is why we claim that these numbers are not copyrightable.

    Doesn't matter to me. When I open up my hard drive with a hammer, I don't see any numbers anyway, so I don't see how that helps me.

    Seriously, though, if you think stopping at a particular layer of abstraction and then adding another layer of abstraction isn't what IP lawyers call a "derived work", then I don't think you understand IP well enough to make any claims at all.

    --
    What do you mean they cut the power? How can they cut the power, man? They're animals!
  23. Re:Psst. Copyright doesn't work like that! by nurb432 · · Score: 4, Insightful

    For some of us that isn't a problem, since we don't believe in IP anyway.

    --
    ---- Booth was a patriot ----
  24. Huffman Coding by Anonymous Coward · · Score: 1, Insightful

    All this is is Huffman Coding for a whole filesystem. The most frequently used blocks will have small addresses, but the rarely used blocks will have addresses that are the same size as the block they represent.

    For transferring seemingly random data, like an mp3 or movie, this will achieve zero compression and only provides a very poor level of privacy.

    1. Re:Huffman Coding by Klaus_1250 · · Score: 1

      It is not about compression. And how does it provide a poor level of privacy? Blocks can be used by any number of files, so how can you tie a block of data to a specific file?

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
    2. Re:Huffman Coding by The+Master+Control+P · · Score: 1

      This works by xoring your data (in 128KB blocks) with one randomly-selected block and then xoring the result with a second randomly selected block. Store your new result on the network and then the "address" is the three hashes needed to get the blocks back and reverse the operation. Add a level of indirection by creating a block that stores all the hashes for the data blocks and a hash search and you have OFF.

      So how does this relate to substituting shorter sequences for commonly used and/or longer ones?

  25. Hm by Elisanre · · Score: 0

    Think I am going to skip participating in this. No matter how safe, undreadable and similar a whole lot of kiddieporn alarms are going off in my head. Thanks but no thanks

  26. A lot of misinformation floating around... by Sheafification · · Score: 2, Informative

    There's a lot of misinformation floating around here (RTFA please). Here's what happens: you want to upload a file. The program makes up a bunch of random numbers - really random numbers that have nothing to do with the original file. The original file is not consulted to make the random blocks - they could be pre-generated even.

    Also generated is a URL that has the instructions on how to get the original file back from the random blocks. Anyone that shares this part is going to be guilty of copyright infringement (assuming the work in question is copyrighted).

    It's basically a substitution cipher - with a unique way of substituting real data for the random blocks, as determined by the URL. So really, it's a one-time pad of sorts.

    1. Re:A lot of misinformation floating around... by Urkki · · Score: 0

      There's a lot of misinformation floating around here (RTFA please). Here's what happens: you want to upload a file. The program makes up a bunch of random numbers - really random numbers that have nothing to do with the original file. The original file is not consulted to make the random blocks - they could be pre-generated even.

      Uh... I think you're wrong. Half of the "random" blocks need to be created from the original file after getting the really random blocks somehow ((pre-)generating them somehow or using existing blocks in the "brightnet"). The original file *must* be consulted when generating half of the blocks, if other half are truly random.

      I mean, combining two 128KB randomly generated blocks will not generate any sensible data basically *ever*, not in our Universe anyway: not enough energy/time before the Heat Death or the Big Rip or the Big Crunch or whatever... Likelyhood of any fully meaningful 128KB of data being randomly generated is essentially 0.

      Of course the non-randomly generated blocks appear to be exactly as random as the really randomly generated blocks, but that doesn't make their generation random at all.

      (Disclaimer: I didn't RTFA.)

    2. Re:A lot of misinformation floating around... by plasmacutter · · Score: 1

      Except the URL for getting the original file back, under any reasonable interpretation, would not be considered infringement in the same way torrent files (on their own) would not be considered infringement.

      Granted, the RIAA used fraudulent claims and completely misrepresented "voodoo-cs" to get incompetent judges to rule against such things, but this is yet another example showing the outright ridiculousness of copyright law as it is.

      Even under the patriot act, it is not illegal to post blueprints for a weapon online, and you can't be raiding home depot because they happen to be stocking fertilizer and fuel oil.

      This is, unfortunately, what they're doing with the pirate bay and the like. The next level will be links to files which contain links to the trackers.. and then links to links.. until finally any level of indirection is "contributory infringement" and the entire internet is illegal.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    3. Re:A lot of misinformation floating around... by Actually,+I+do+RTFA · · Score: 1

      you can't be raiding home depot because they happen to be stocking fertilizer and fuel oil.

      If fertilizer and fuel oil purchased from Home Depot were converted into a weapon with the same frequency that Pirate Bay torrent trackers turned into copyright infringement, they would.

      Besides, fertilizer and fuel oil have other uses. A tracker for IndyIV.avi does not.

      --
      Your ad here. Ask me how!
    4. Re:A lot of misinformation floating around... by plasmacutter · · Score: 1

      you can't be raiding home depot because they happen to be stocking fertilizer and fuel oil.

      If fertilizer and fuel oil purchased from Home Depot were converted into a weapon with the same frequency that Pirate Bay torrent trackers turned into copyright infringement, they would.

      Besides, fertilizer and fuel oil have other uses. A tracker for IndyIV.avi does not.

      This is a bullshit argument. Where are the lawsuits against sony, panasonic, sharp, RCA, etc. "high speed dubbing" is used for what legitimate means again?

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    5. Re:A lot of misinformation floating around... by Actually,+I+do+RTFA · · Score: 1

      Where are the lawsuits against sony, panasonic, sharp, RCA, etc. "high speed dubbing" is used for what legitimate means again?

      Sony was sued in the 80's. Recording copyrighted broadcasts for private one-time replay within a reasonable (forgot definition) period of time was considered fair-use. So, that same use would be useful for high speed dubbing, I presume.

      --
      Your ad here. Ask me how!
  27. Re:Psst. Copyright doesn't work like that! by Silver+Sloth · · Score: 4, Insightful

    Whether you believe in IP is irrelevant to the law of the country of where you live. As a defence it won't hold up in court.

    --
    init 11 - for when you need that edge.
  28. Re:Psst. Copyright doesn't work like that! by intx13 · · Score: 1
    Exactly - while the technology of a distributed, encrypted file system might be neat (though this particular implementation seems kind of silly IMO), this isn't some huge loophole for distributing copyrighted works without violating copyright. Encrypting a copyrighted work does not diminish the copyright of the work. It just makes it harder for anyone to prove that the file does indeed represent a copyrighted work.

    From the article:

    Even if a number (file) in question can be copyrighted under current legislation, it is practically impossible and unreasonable to state that every other representation of that particular number is copyrighted.

    This quote in particular shows how little the authors understand copyright. Nobody copyrights a number (well... nobody who doesn't want said number to end up on t-shirts sold over the Internet that is!). You copyright a work, and then you can try and sue people who distribute (without rights) representations of that work (yeah yeah, fair use, derivative works, etc etc - some representations are protected). You can ROT-13 the work all day long, but at the end of the day you're still violating copyright.

    This system might make it harder to prove that any particular block is a piece of a file that represents a copyrighted work... but then that seems more like the opposite of a "bright" net to me!

  29. Re:Psst. Copyright doesn't work like that! by adpsimpson · · Score: 1

    how do we distinguish between infringing and non-infringing uses of a large number?

    $ sudo apt-get install common-sense && man common-sense

    --
    Is crushing a suspect's child's testicles illegal?
    John Yoo: "No, [if] the President thinks he needs to do that."
  30. Re:Psst. Copyright doesn't work like that! by setagllib · · Score: 1

    This argument is futile. The law covers distribution of the information regardless of the format of the information, so one large number is legally indistinguishable from base64 or hex. If the copyrighted data can be recovered it's considered distribution - in some cases even if the key itself is not distributed with the encrypted data.

    I don't know if this new system exploits a loophole in the laws, but even if it does, that loophole will be closed. The new copyright laws appearing worldwide are practically making it illegal just to use a computer, so it's not like a single loophole is going to help.

    --
    Sam ty sig.
  31. Worrisome... by zetazentra · · Score: 5, Interesting

    http://wiki.offdev.org/Talk:Why_is_OFF_safe%3F :

    Trojan detected with avg free

    Another side to the safety issue. I'm hoping this is a false positive, as I like OFF

            * avg free v7.5.516 virus base 269.17.13/1208 finds
                        o Trojan Generic9.AKLU in
                                    + offsystem.exe from OFFStystem-0.18.00-win-installer.exe from sourceforge January 3 2008

    This is worrisome...

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

      Get a better antivirus scanner.

    2. Re:Worrisome... by Anonymous Coward · · Score: 4, Informative

      "Trojan Generic..." Yeah, right. That's not a trojan sig that the antivirus recognized, it's just a heuristic that tags possible malware. Only 3 out of 32 antivirus programs complain. The message "Suspicious Self Modifying File" indicates that it's probably just because they used an uncommon packer.

      OFFsystem sez:

      That is a false positive. We are still trying to figure out how to tell them about it.

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

      Trojan detected with avg free

      Another side to the safety issue. I'm hoping this is a false positive, as I like OFF


              * avg free v7.5.516 virus base 269.17.13/1208 finds

                          o Trojan Generic9.AKLU in

                                      + offsystem.exe from OFFStystem-0.18.00-win-installer.exe from sourceforge January 3 2008

      This is worrisome...

      Generic9.AKLU this looks like a heuristics detection, they tend to produce false alarms sometimes.
      I doubt there is any malware in OFF.

      But if you are concerned, you can still check and compile the source yourself.

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

      afair that changed by simply replacing a string declaration within the source...
      Other antivir apps didn't find anything, must be antivir-heuristics going crazy

  32. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 1

    You copyright the actual tangible information. Attempting to abstract the law into mathematics is pointless. They are not compatible.

    Define "information" in terms not mathematically equivalent to binary data.

    If you manage this, that would mean that all the computing technology is in fact impossible (as computers would not be able to process information), that no music or moving images can be digitally stored and that "information" cannot be encoded in form of electrical impulses, among other things.

    What you want to happen here is one of the oldest cons in the history of civilization: that of a crook who claims that what he peddles is "divinely defined" and so no mere science can possibly explain such a "miracle" and thus he cannot be judged by the rules of such mundane things as logic. Which of course does not stop the crook from sponsoring "laws" to help his thuggery along to a profitable end. It was so with religious fanatics of old and so it is now with the purveyors of the whole field of "Intellectual Property" and related scams, of which your statement is a perfect example.

  33. More like DimWitNet by Anonymous Coward · · Score: 0

    It's nonsense.

  34. Re:Psst. Copyright doesn't work like that! by nurb432 · · Score: 2, Insightful

    Who said im going to court? I adjust my activities to compensate which avoids that situation.

    Doesn't change my belief, or disregard.

    --
    ---- Booth was a patriot ----
  35. This seems more steganography than cryptography by jack_n_jill · · Score: 0

    This technique seems useful for making a message available in a robust maner so as to counter those that don't want the message to get out (CIA, FBI). The message would be sent into the OFF network first and the URL key would be made available later. It seems better for hiding a message (steganography) than for evading the law.

  36. Re:Psst. Copyright doesn't work like that! by larry+bagina · · Score: 1

    How do you distinguish between cold pills and crystal meth?

    --
    Do you even lift?

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

  37. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 3, Insightful

    $ sudo apt-get install common-sense && man common-sense

    The problem I have with that, is I that don't think those commands work in a court of law.

    Come to think of it, but I'm fairly they wouldn't work under Ubuntu either. (I wouldn't know about Debian)

    --
    Don't let THEM immanentize the Eschaton!
  38. Re:Psst. Copyright doesn't work like that! by L4t3r4lu5 · · Score: 1

    Too bad Western legal systems do.

    Saddam didn't believe in the court's jurisdiction. Didn't do him any favours!

    --
    Finally had enough. Come see us over at https://soylentnews.org/
  39. Context matters. by JustinOpinion · · Score: 2, Insightful

    You're quite right.

    Like it or not, copyright doesn't apply to bit-streams, but rather to particular instantiations of ideas (and derivatives thereof). No one can copyright a number. But in a particular context, a certain bit-stream can be considered protected by copyright.

    This whole "you can't copyright a number!" is a red herring. No one seriously claims that particular numbers are copyrighted. But in a certain context, a particular chunk of data (a number!) can be reasonably shown to be a copy (or derivative) of a particular copyrighted work. If the same number appears in a totally unrelated context, and it's apparent that it is not being used to distribute a copyrighted work, then no court would find that instance of the number to be infringing.

    Another way to say this is that copyright law is more concerned with the action of copyright violation (distributing a copy or derivative of a work without authorization), and is not concerned with maintaining a catalog of copyrighted bit-streams.

    1. Re:Context matters. by Anonymous Coward · · Score: 1, Informative

      I'd like to add some emphasis to something you touch on.

      Copyright is about the right to make copies. If you can copy a work by turning it into a number, you have still copied it.

      Ergo, as long as you still depend on the original as a source of the data, copyrights apply.

  40. Reinventing Usenet by Anonymous Coward · · Score: 0

    This seems to be just like Usenet. Anybody can upload anything they want on it, and no server is responsible for copyright violations. The copyright holders have a hard time purging the information because it's spread over hundreds of servers.

    The original uploader, though, can be charged of a crime. Moreoever, if networks like this become a real thread to the copyright holders' existence, legislation will be enacted to ban networks that don't have a central administrator who could be held responsible.

  41. Unclear on the concept. by DaveV1.0 · · Score: 1

    If there is one copy at the start, and two copies at the end, then a copy has been made. If one does not have the right to make the copy, said right being reserved by law to the owner of the copy right, one has broke copy right law.

    This is an obvious tool for infringing on the copyrights of other. If it were not, then there would be no reason to say

    "Nobody shares any copyrighted files, and therefore nobody needs to hide away."

    They can't even hide behind "it has other uses", because of all the talk about copyrights.

    --
    There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    1. Re:Unclear on the concept. by pbhj · · Score: 1

      If one does not have the right to make the copy, said right being reserved by law to the owner of the copy right, one has broke copy right law.

      The right to copy a work is not the exclusive reserve of the copyright holder. There are some exceptions (and of course copyright monopolies are _supposed_ to expire) - eg in the US I gather you can make a backup or format shift, in the UK we can make a copy of a TV broadcast for timeshifting (provided we immediately delete it when we've watched it!). For books I gather government are allowed to keep a copy in a library (this may be contractual rather than actually embodied in the law, not sure).

      Copies for accessibility purposes are also allowed by law.

    2. Re:Unclear on the concept. by DaveV1.0 · · Score: 1

      And, exactly how is using this service going to facilitate such fair-use action?

      The answer is "it is not". Judging from the projects own wording, this is designed to violate the rights of the copyright holder.

      --
      There is no "-1 offended" or "-1 you don't agree with me" mod options for a reason.
    3. Re:Unclear on the concept. by pbhj · · Score: 1

      And, exactly how is using this service going to facilitate such fair-use action?

      Sorry, it was merely a response to the wider assertion that any copying by anyone other than the copyright holder is infringing.

      I can see one use of P2P systems (this is just a different way of encoding files on a P2P system from what I've seen) that is within the spirit (if not the letter of the law). Download of alternate formats by a holder of one format of a work - eg download a mp4 of a video for which you have the DVD. Sure you could do your own transcoding but why waste the energy and time when you can download it instead and get the same bits.

      It seems when format shifting is allowed that the transcoding is legal if you own one encoding of a work and yet downloading an exact binary copy is still illegal.

      But you're right - the intention is probably to facilitate illegal and tortuous activities.

  42. Re:Psst. Copyright doesn't work like that! by radarjd · · Score: 1

    For some of us that isn't a problem, since we don't believe in IP anyway.

    So you're cool with violations of the GPL? After all, the only thing that gives the GPL any teeth whatsoever is copyright law.

  43. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    For some hundred years ago and still some places in this world today a person have no chance in court if they're gay.

    Today very few don't belive in IP, but I guess this will change when the youth today grow up.

  44. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 3, Insightful

    Whether you believe in IP is irrelevant to the law of the country of where you live. As a defence it won't hold up in court.

    "Whether you believe in Allah is irrelevant to the Sharia law of the country of where you live. As a defense it won't hold up in the Religious court."

    There, fixed it for you. Since the evidence for existence of Allah is pretty much on the same level as that for the so-called "Intellectual Property" (i.e. the concept of 'ownership' of large integer numbers and the like) and the relationship between such belief and laws passed based on it is strikingly similar, the statement you made is pretty much equivalent to the one below: arbitrary bullshit based on whatever nonsense happens to deliver power and money to whatever "law makers" and their associates happen to be at the top at the time, logic, science and reason be damned.

  45. Ethernet Frames by tezza · · Score: 1

    At some stage the data will almost certainly be Ethernet frames, which doesn't bear that much relation to the orginal data.

    But then it is recombined to form the copyrighted work, to create the infringement.

    I cannot see how this is different to that process and thus escape legal sanction.

    To adapt a good quote, as in :: £20,000 bill for speeding row scientist. Quote 'In speeding [copyright] matters, it is the law of the land not the law of physics [way you split the data] that matters.'

    --
    [% slash_sig_val.text %]
    1. Re:Ethernet Frames by KenMcM · · Score: 1

      Although the law of physics does seem to matter when forensic evidence is brought before the court.

  46. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 1, Insightful

    And if not, how do we distinguish between infringing and non-infringing uses of a large number?

    Intent.

    The "number" is almost never without context, e.g. a filename, metadata, or other description. Sure you could lie about that, mislabel it, etc, but then it doesn't make it very useful for dstribution. If someone else can find out what it's supposed to be, so can a judge.

    People act like this somehow new, too subjective, or breaks the "black and white"-ness of the law, but this is how the law has always been. It doesn't fit neatly into "if-then" boxes as INTPs would like to pretend it does.

  47. Re:Psst. Copyright doesn't work like that! by Drakonik · · Score: 0

    Do we then let a corporation privatise the entire integer space?

    Don't get me wrong, I'm an opponent of copyright zealots as much as you, but in your example, yeah, you have a string of numbers, but what do those numbers represent?

    The answer: A copyrighted work (MS Office).

    MS (or any copyright holder) isn't claiming copyright over 0100010 or 00100111. They're claiming copyright over what those numbers mean. Complaining about it like this is like saying "Authors are trying to copyright all the letters of the alphabet" when they hold and exercise their copyrights on novels, magazines, and the like.

  48. Re:Psst. Copyright doesn't work like that! by Klaus_1250 · · Score: 4, Insightful

    If the copyrighted data can be recovered it's considered distribution - in some cases even if the key itself is not distributed with the encrypted data.

    The issue is that any piece of random data can be turned into copyrighted data. With the right key, you can turn John Smith's holiday photo's into copyrighted MP3's. But you can't sue John Smith because someone uploaded a key that can turn his photo's in copyrighted data. OFF stores random blocks of data, which can be used by multiple files. It doesn't store any information in particular, just random blocks. Random blocks that can be used for anything. It is the URL that turnes those random blocks into something.

    --
    It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  49. Re:Psst. Copyright doesn't work like that! by Firehed · · Score: 5, Insightful

    In this case, though, the law has it right. No matter what you're doing to break up, encrypt, hash, randomize, or distribute files, if the end-goal is to end up with a representation of copyrighted material then you're still breaking the law.

    If you don't like the law, then go out there and do something about it. Trying to find a workaround for the law is just going to get the courts mad at you if you get caught. Information may want to be free, but right now it isn't (at least not the information that these kinds of things are being created for). Legitimize it, not strategize about how to avoid the problems that can come with it.

    --
    How are sites slashdotted when nobody reads TFAs?
  50. Re:Psst. Copyright doesn't work like that! by Hurricane78 · · Score: 1

    > $ sudo apt-get install common-sense && man common-sense

    Warning: Installing "common-sense" for assumed environment "human-geek-slashdot_newbie-debian_user-simpson_family" . This version may not be compatible with versions for other environments.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  51. Re:Psst. Copyright doesn't work like that! by Hal_Porter · · Score: 1

    If I zip up MS Office, for instance, I've turned it into a very long number. Is it reasonable to allow companies to claim ownership of such numbers?

    Read the link I posted earlier. Legally it depends on where the bits came from. No amount of compression and encryption will change that. Copying zipped or encryped MS Office, or for that matter the Linux kernel, doesn't magically make the copyright go away of the copyright owner lose their right to compel you to either follow the license or not use it.

    --
    echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
  52. Re:Psst. Copyright doesn't work like that! by Oktober+Sunset · · Score: 4, Funny

    feed 'em to the dog and see if it goes bananas?

  53. Better Analogy. by LaminatorX · · Score: 1

    Many posters seem to not get the idea that a given 128k chunk cannot be infringing because it cannot correlate one to one to a given file, copywritten or otherwise. The set of sharable files is much larger than the set of 128kB words.

    Imagine this purely in textual terms. If you had a group of three character strings containing every possible combination of three characters, you could express MacBeth, The Bible, or whatever as a series of addresses within that string-space. The string "e t" is not specifically part of any given work.

    What would then be an act of infringement is distributing the recipe to assemble a protected work without a liscense to do so.

  54. Re:Psst. Copyright doesn't work like that! by nurb432 · · Score: 1

    If I had a problem with GPL violations, id be a hypocrite.

    Its all the same to me, none of it is valid.

    --
    ---- Booth was a patriot ----
  55. What colour are your bits? by vyrus128 · · Score: 2, Interesting

    For an excellent explanation of why this is legally stupid, see What Colour Are Your Bits?

  56. copyright != issue by Anonymous Coward · · Score: 0

    I think this has more potential in distributing network loads, than any copyright issues it may or may not circumvent.

    Other related links...

    Wuala - A distributed file system.
    ABSTRACT After three years of research and development on a distributed storage system, we are ready to unveil the result: Wuala. Wuala is a new way of storing, sharing, and publishing files on the internet. Unlike traditional online storage systems, Wuala is decentralized and can harness idle resources of participating computers to build a large, secure, and reliable online storage. This enables its users to trade parts of their local storage for online storage and it allows us to provide a better service for free. In the talk, I will explain what Wuala is and how it works, and I will also show a demo. All attendees will also get an invitation code to join the early alpha version.

    A New Way to look at Networking
    ABSTRACT Today's research community congratulates itself for the success of the internet and passionately argues whether circuits or datagrams are the One True Way. Meanwhile the list of unsolved problems grows. Security, mobility, ubiquitous computing, wireless, autonomous sensors, content distribution, digital divide, third world infrastructure, etc., are all poorly served by what's available from either the research community or the marketplace. I'll use various strained analogies and contrived examples to argue that network research is moribund because the only thing it knows how to do is fill in the details of a conversation between two applications. Today as in the 60s problems go unsolved due to our tunnel vision and not because of their intrinsic difficulty. And now, like then, simply changing our point of view may make many hard things easy.

  57. Re:Psst. Copyright doesn't work like that! by Silver+Sloth · · Score: 1

    Could not agree more. Were I in a state where there were a Sharia law in force I would be careful about disrespecting Allah just in the same way that I tend not to blow hash smoke in the face of the British police force. That was my point, and all my point.

    As long as we live in society we have to pay some regard to the rules of that society whether they make sense to us or not. My belief that smoking cannabis is harmless doesn't make it legal, my belief that Allah is as meaningful as the Flying Spaghetti Monster doesn't make it wise to disrespect Allah in strong Muslim countries (ditto bad mouthing Jesus in the Bible Belt) and the GPs disbelief in IP won't protect him/her from the IP laws of whichever country they live in.

    --
    init 11 - for when you need that edge.
  58. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 1

    People act like this somehow new, too subjective, or breaks the "black and white"-ness of the law, but this is how the law has always been. It doesn't fit neatly into "if-then" boxes as INTPs would like to pretend it does.

    Actually, my concern is more over the other side of the coin: that some corporation or cartel will try use the same apparent novelty to try and claim ownership over the numbers. As in "we own 'The sound of Music' so therefore we own number 135678012456677787...."

    I'm not trying to suggest (as some seem to assume) that this constitutes a way of evading copyright.

    --
    Don't let THEM immanentize the Eschaton!
  59. Amazing Idea... by Anonymous Coward · · Score: 0

    ... and that's why that Freenet team released a software project based on a somewhat similar concept alllll those years ago. Of course, Freenet's goal is more about privacy than copyright... uhm... yah.

  60. Re:Psst. Copyright doesn't work like that! by silentcoder · · Score: 1

    What you are saying is a half-truth.
    Stallman has stated on many occasions that the only reason for the GPL to exist is BECAUSE of copyright. Yes it uses copyright law, but it uses it in a subversive manner as a temporary solution until the day when copyright (on software at least) is abolish and all code is in the public domain, at which time, it will not be needed anymore.

    Of course, a catch there is what happens if we abolish copyright: companies will still ship binaries without code (so of the four freedoms only distribution will exist), so to reach what Stallman would consider the ideal we would need an abolition of software copyright coupled with a consumer protection act that makes shipping binaries without code an offense.

    I tend to agree with him. I also believe that one should follow the laws while they stand, even as you do activism to change them. That is what the GPL is - a form of legal activism, a way to prove that user-rights are more important than 'owner'-rights, and that thinking like that does not prevent the creation of useful software: on the contrary, it appears to accelerate it and more-over to do it better in most cases.

    --
    Unicode killed the ASCII-art *
  61. no, that is called "thought crime". by plasmacutter · · Score: 1

    No, in telling them how to assemble the file you are also not committing copyright infringement.

    If that were true, telling someone how to make a bomb would be distributing weapons.

    Extending copyright infringement as an offense to this new definition of yours amounts to "thought crime"

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:no, that is called "thought crime". by clone53421 · · Score: 1

      If a person with a photographic memory watches a movie, do they infringe copyright? No, but recording it with a video camera does. So unless you're personally telling the other individual how the file is to be assembled, the directions are in physical form and are considered derivative works.

      Similarly if the hypothetical person with the photographic memory wrote out entire script out after watching the movie, giving it to someone else would be considered copyright infringement, whereas telling them about the movie wouldn't (at least, not yet. God help us if that ever happens...).

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:no, that is called "thought crime". by Fieryphoenix · · Score: 1

      We're not talking about ordinary "telling you how to assemble the file" as in giving instructions for how to operate the software. This is akin to numbering alphabet building blocks 1 to 26, and then giving someone a codebook that listed which number building block to use by copying down its number next in order to spell out the entire text of a book.

      Such a codebook IS a copy of the book, even though you need to decode it somehow before you can understand it. Heck, letters themselves are such a code, just one that you can decode using your own brain.

    3. Re:no, that is called "thought crime". by plasmacutter · · Score: 1

      Such a codebook IS a copy of the book, even though you need to decode it somehow before you can understand it.

      if the information present is not immediately recognizable as the work in question, it is not a copy of the work.

      even derivative works are recognizable as such.

      my point still stands.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    4. Re:no, that is called "thought crime". by Fieryphoenix · · Score: 1

      You mean with the human eyeball? That would mean a pdf version of War and Peace on a floppy disk is not a copy of War and Peace. I strongly disagree with you on that point, if that's what you mean. Just because additional automated steps are needed before it is eyeball recognizable does not make it substantially different than any digital media file.

      Moreover, a hard copy book would not pass your test if the person looking at it did was illiterate or did not speak the language it was written in. Not a usable test.

      I would accept your your assertion if you changed it to say "if the information present is not machine decodable into a form immediately recognizable as the work in question, it is not a copy of the work".

      My point still stands.

    5. Re:no, that is called "thought crime". by JoelKatz · · Score: 1

      A "thought crime" is a crime that can occur entirely inside your head. Telling someone else something cannot occur entirely inside your head. Giving someone directions you intend them to follow when those directions result in a law being broken is perfectly ordinary criminal law.

      "My brother will be leave work at around 5 PM on Friday. His car is the grey Mercedes, usually in the middle of the lot. Please kill him."

      Saying that to someone, expecting them to follow your directions and break the law is a perfectly normal crime, not a "thought crime".

    6. Re:no, that is called "thought crime". by spazdor · · Score: 1

      HAY GUYZ, the problem here is pretty simple.

      Information can be encoded and obfuscated as much as we like with absolutely no loss of meaning. A code can be devised to store any copyrighted work in a format that is as readable or unreadable as you want.

      An encoding scheme could be set up with the property that when encoded, a PDF of War And Peace turns into a byte-perfect copy of Down and Out in the Magic Kingdom, and when decoded becomes Dostoevsky again. There is no robust way to tell the difference between one and the other. This much is guaranteed by Turing et. al.

      A set of rules which tries to make this distinction is simply inconsistent with what information is.

      --
      DRM: Terminator crops for your mind!
  62. Re:Psst. Copyright doesn't work like that! by morgan_greywolf · · Score: 1

    Once I actually understood what on earth they are on about, it seems like an interesting idea with very little basis in reality. Their main claim seems to be a magic-wand approach to getting round copyright, as opposed to a particularly useful distributed filesystem:

    No data passing through the network can be considered copyrighted because the means by which it is represented is truly random

    Sure... So if I put in Brittany's latest album, then tell my friend to click on the url that 'reassembles' the 'truly random' data into, well, Brittany's latest album, then do you really think copyright has nothing to say?

    You guys are getting all the wrong idea. Here's the deal: it doesn't matter whether nodes are known or not, because there is not one single piece of data that can represent the copyrighted info on any one particular individual's system. There are no pointers, either, because the pointers are stored in the same manner.

    So, in order to sue anyone for copyright infringement, you have to sue EVERYONE connected to the network, jointly. Good luck with a court letting you name 1,000,000 individuals collectively as one defendant.

    The nodes are saying 'go talk to the uploaders, we don't have any copyrighted data on each of our systems', while actually tracking down the uploader is just about impossible without compromising a vast majority of nodes on the network.

    And my last statement is the problem, not what the rest of you are on about.

  63. URL+Metadata = Derivative Work??? by tillerman35 · · Score: 1

    I don't want to give the RIAA fuel for their fire, but I'm willing to bet that they have at least ONE smart person working for them so they'll probably figure this out anyway. Once you create the URL and the metadata (which blocks to d/l and how to xor them), doesn't that constitute a derivative work? The random data out on the cloud is sort of a red herring.

  64. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 2, Insightful

    As long as we live in society we have to pay some regard to the rules of that society whether they make sense to us or not.

    If all people were as pathetic as you, feudal lords and slavery would be the norm in all societies today. USA would not even exist, merely a colony ruled by the unchallengeable laws of the King of Britain, because as you so aptly said: "we have to pay some regard to the rules of that society whether they make sense to us or not". Luckily for us all, some of our ancestors took somewhat more enlightened view, sometimes even involving sticking a sword up the "divine lawmakers" asses.

    Laws are only to be respected if they are a) logical and b) just. All others are just tools of tyranny and usurpation of power to be ignored and resisted. If all else fails, violently and with deadly force. It is a difference between principled courage and spineless slavery.

  65. Why have is distributed? by s0litaire · · Score: 1

    Going by their logic all you need is a 50Gb drive filled with random data blocks. If you know the content of each block, you could easily recreate "ANY" file by selecting the appropriate blocks in order then phrasing them into the appropriate format. No need to send the copyrighted files, Just the index of what blocks to put in which order. Hey presto have every file you'll ever download already on your PC.

    --
    Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
    1. Re:Why have is distributed? by clone53421 · · Score: 1

      Yes, but where are you keeping the index? Your 50Gb hard drive is full of random data...

      --
      Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
    2. Re:Why have is distributed? by s0litaire · · Score: 1

      I didn't say it was the main drive ;) lol

      --
      Laters Sol "Have you found the secrets of the universe? Asked Zebade "I'm sure I left them here somewhere"
  66. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    man common-sense

    always returns true. But

    woman common-sense

    always returns false??? Is that a bug or just an unimplemented feature?

  67. Re:Psst. Copyright doesn't work like that! by lilomar · · Score: 1

    Thank you.

    I'm not the only sane person on the anti-ip side of the argument.

    --
    The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  68. Re:Psst. Copyright doesn't work like that! by JasterBobaMereel · · Score: 1

    Everyone who has been prosecuted for P2P copyright infringement in the USA was charged with Uploading or making available, downloading is not illegal, storing online in an encrypted form is not illegal making that data available to other people is...

    --
    Puteulanus fenestra mortis
  69. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 1

    Don't get me wrong, I'm an opponent of copyright zealots as much as you, but in your example, yeah, you have a string of numbers, but what do those numbers represent?

    I agree entirely, and I wasn't trying to suggest that this would be an effective way of avoiding copyright law. I think the OFF devs may be hoping it allows them to avoid being sued when someone else uploads copyright material, and I'm not sure that will work either.

    They're claiming copyright over what those numbers mean. Complaining about it like this is like saying "Authors are trying to copyright all the letters of the alphabet" when they hold and exercise their copyrights on novels, magazines, and the like.

    I'm not complaining about anything, thank you very much. I'm just saying that, in an age when every possible from of IP legislation is being bent to in an attempt to claim a level of control never intended, when trademark law is used to silence criticism and when patents are granted on movie plots, it would be nice to see the law specifically say that the numbers were not subject to IP, even if the asset they might encode was so protected.

    --
    Don't let THEM immanentize the Eschaton!
  70. The sounds you hear in the background by Anonymous Coward · · Score: 0

    is hundreds of RIAA executives gnashing their teeth.

  71. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    Problem is, the key that is used to turn the random (or arbitrary) data into the copyrighted work is itself a derivative work of the copyrighted file. That is, you generate the key by hashing the random file with the copyrighted file. So any distribution of the key is distribution of a derivative work (same as if you took a song, add your voice as an introduction to it, and distributed it).

  72. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    Your fear is completely unfounded, as in the USA copyright law simply does not work that way. Your post, while bringing up an interesting philosophical idea in some sense, is also based on ignornace of the most basic character of fair use, at least as it is understood in the USA. Please wikipedia the term "fair use" and you will see that use of a number in, say, mathematics, would easily be classified as "fair use" by the "use and character" clause.

  73. IANAJ .... by 140Mandak262Jamuna · · Score: 1

    I am not a judge, but you know not many would really understand all that technical mumbo jumbo. They prefer their own kind of mumbo jumbo.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  74. Yawn by kephale · · Score: 1

    Yes, and Freenet did this almost a decade ago

  75. Re:Psst. Copyright doesn't work like that! by Silver+Sloth · · Score: 1

    Don't make assumptions and read carefully. I said that you have to pay some regard to the rules. As a frinstance I believe that the laws on the smoking of cannabis in the UK are plain wrong and stupid and encourage the trade and distribution of much more damaging recreational drugs. However, smoking dope in public doesn't get the law changed - it gets me a £50 fine - and that was back in 1971 when £50 was a lot more than it is today. I've spent my time on the barricades, unlike the politically apathetic students of today but, with age comes a certain amount of prudence and I know I have to temper my personal beliefs with those of society at large. Sorry, I'm not Ghandi or MLK, or even Rosa Parks, but then, quite frankly very few of us are.

    --
    init 11 - for when you need that edge.
  76. Re:frist stYop by lilomar · · Score: 1

    I'm sorry, one of the permutations of your post has been copyrighted and needs to be taken down. You will be hearing from our lawyers.

    --
    The creator of this post (Jacob Smith) hereby releases it, and all of his other posts, into the public domain.
  77. A solution in search of a problem by bradley13 · · Score: 2, Interesting

    First off, these people don't do themselves any favours with descriptions like this:

    "No data stored or transferred in OFF is copyrighted because all data is random..."

    and

    "...the randomized blocks do not represent the original data inserted to begin with"

    Of course the data is not random. And of course it represents the original data. If either of these two nonsensical statements were true, then it would be impossible to reconstruct the original data. They may randomly generate the blocks, but the selection of blocks and parts of blocks to represent data is anything but random. What they mean is that the distrubution across many blocks in complex relationships means that a happenstance collection of blocks alone is not of any use in reconstructing the content. Sure, private storage of copyrighted data would be acceptable in this sort of encoded, distributed format. But if you publish the URL required to decode the content, you will be every bit as much in violation of copyright law as with any other form of file-sharing.

    In the end, the only possible response to this technology is "so what?". If you want online storage, you can buy it by the terabyte from Amazon S3, or for that matter from your ISP. If you want P2P, this is no better than BitTorrent - and at first glance not nearly as robust.

    Plus: how many people are going to be willing to put their extra disk-space permanently online, and drill a hole in their firewall so that the world can access it? Heck, I don't even do things like Seti-Online anymore - even if I trust the application, it's extra work that I just don't have time for.

    --
    Enjoy life! This is not a dress rehearsal.
    1. Re:A solution in search of a problem by slim · · Score: 2, Insightful

      If you want P2P, this is no better than BitTorrent - and at first glance not nearly as robust.

      If you're a seeder, it is "better" in the sense that (arguably) the chunks you're serving are not illegal to share.

      Let's say you're serving just one chunk - A. A on its own is useless, and very difficult to demonstrate as illegal. Other people are serving B, C, D, E, F. A XOR B is a chunk of project_gutenberg_king_james_bible.txt. A XOR C is a chunk of britney_spears_toxic.mp3. A XOR D is a chunk of terrorist_plans.pdf. A XOR E is a chunk of lolita_rape.avi. Just to mix it up a bit, E XOR F is a chunk of wikipedia_dump.tar.Z

      So, are you sharing PD text, top 40 pop, terrorist plans, pedophile porn, or none of the above? Is A the key to E or vice versa? Is F the key to E or vice versa? Every one of these chunks can *simultaneously* be part of a completely innocuous file, and part of something illegal or immoral.

      It seems that there is a certain sort of person who likes to facilitate illegal filesharing. The advantage to those guys is that you can deny knowingly sharing copyrighted material. It's not just plausible deniability - you'd actually be telling the truth.

      The downside is you don't get to choose what to share. I get the impression that many sharers rather like to know what it is they're distributing. Here you could be facilitating terrible things, and you'd never know..

    2. Re:A solution in search of a problem by bh_doc · · Score: 1

      Just to mix it up a bit, E XOR F is a chunk of wikipedia_dump.tar.Z. So, are you sharing PD text, top 40 pop, terrorist plans, pedophile porn, or none of the above?

      Ya know, on a completely tangential thought, if Wikipedia really was "a project that attempts to summarize all human knowledge" (as it claims on it's page about itself), then that last option would instead be "all of the above". Just saying.

    3. Re:A solution in search of a problem by slim · · Score: 1

      Just to mix it up a bit, E XOR F is a chunk of wikipedia_dump.tar.Z. So, are you sharing PD text, top 40 pop, terrorist plans, pedophile porn, or none of the above?

      Ya know, on a completely tangential thought, if Wikipedia really was "a project that attempts to summarize all human knowledge" (as it claims on it's page about itself), then that last option would instead be "all of the above". Just saying.

      Good thought. But in the example, you're only sharing A, not E or F. And wikipedia is E XOR F. And only a small chunk of of it, at that.

  78. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 1

    Trying to find a workaround for the law is just going to get the courts mad at you if you get caught.

    Before we go any further with this one, could you quote me the line where I said "Hey, everybody! This is a workaround for copyright law - and I recommend that everybody try it!"

    Because, you know, I really don't remember writing anything of the sort.

    --
    Don't let THEM immanentize the Eschaton!
  79. Re:Psst. Copyright doesn't work like that! by Klaus_1250 · · Score: 1

    Yes, they key, or in OFF's example, the URL is indeed in itself a derivative work of the copyrighted file. But the random or arbitrary data (which is what OFF stores) isn't. Hence, you can't infringe on copyrights with a Brightnet. It is nothing more than a large collection of random/arbitrary data.

    An example: I could store a backup of a copyrighted work (say a DVD) on OFF. It would be stored a random blocks of data, which wouldn't infringe on any copyright. It is just random data, the being what turns it into a copyrighted work. As long as I keep the key to myself (e.g do not distribute the DVD), no laws are broken. I'm allowed to make backup of a legal DVD for personal use under Dutch Law.

    --
    It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  80. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 1, Insightful

    Suppose such a URL told me to get blocks A and B to get legal file U, and to get blocks C and D to get legal file V. I download these blocks and create the files that I wanted. I continue to share blocks A, B, C and D, because I support the distribution of files U and V. Have I done anything wrong?

    What if blocks B and C, combined with a third block E produce illegal file W? What if block E combined with block F form legal file X?

  81. Copyright infringement is not a crime, no really! by pbhj · · Score: 1

    Curiously enough things like this are exactly why "conspiracy to commit" crimes exist.

    I thought copyright infringement was a tort, not a crime per se., no IANAL.

  82. Short version by The+Warlock · · Score: 5, Insightful

    What we have here is a technical solution to a legal problem. Every time a story pops up on Slashdot with a legal solution to a technical problem, we laugh at it. Well, the other way around doesn't work either, folks.

    --
    I've upped my standards, so up yours.
    1. Re:Short version by Anonymous Coward · · Score: 3, Funny

      Exactly.... This is all petty semantics from a legal standpoint. When you're in civil court attempting to defend yourself, you can not argue about the law like you argue about DnD rules.

    2. Re:Short version by TubeSteak · · Score: 5, Insightful

      What we have here is a technical solution to a legal problem. Every time a story pops up on Slashdot with a legal solution to a technical problem, we laugh at it. Well, the other way around doesn't work either, folks.

      The law is all about technicalities.
      Whether it is prosecuting Al Capone for Tax Evasion or successfully defending yourself because of technicalities, finding technical solutions to legal problems is exactly how the Judicial system works.

      There is a reason that legal "solutions" to technical problems deserve the derision we heap upon them. Legal "solutions" merely attempt to artificially constrain the problem without doing anything to resolve the technical nature of the problem itself.

      To make this abundantly clear:
      Legal solution to a technical problem - outlawing buffer overflow exploits
      Technical solution to a legal problem - showing that the arresting officer made a procedural error which taints the evidence gathered against you.

      --
      [Fuck Beta]
      o0t!
    3. Re:Short version by ArsonSmith · · Score: 1

      Actually you do argue the law almost exactly the same way you argue DnD rules. You even hire an expert to help you argue those rules, just like you would have a fellow player that agrees with you help you prove your point. It's called a court of law and pleading your case.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    4. Re:Short version by Kjella · · Score: 1

      No, but technical solutions tend to change reality while legal solution just try to impose some arbitrary rules on it. If a law gets too detached from reality, something will happen as it's either revised, removed or ignored. It will not change the law explicitly, but making it meaningless or unenforcable implicitly will.

      --
      Live today, because you never know what tomorrow brings
  83. You have to shake it upside down. by DarthStrydre · · Score: 1

    Shaking your laptop is how you erase it. You have to hold it upside down though. And make sure the nib is in the correct position for your next drawing before erasing, or you will have to leave a trace to get it there, potentially ruining your new masterpiece right from the beginning. True masters purge the contents before drawing so the art is permanent.

      - Life according to Etch-a-Sketch

  84. Re:Psst. Copyright doesn't work like that! by plasmacutter · · Score: 1

    HAH.. what it means is you take the activity underground and dot it anyway, otherwise you don't really believe what you say you believe.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  85. current version on sourceforge is 0.19.7 by Fallen+Andy · · Score: 1
    Just checked. Downloaded the latest windows installer and checks clean with Avast , ClamWin, AVG 8.

    You could try uploading the version you have to virustotal.

    Andy

  86. Re:Psst. Copyright doesn't work like that! by raftpeople · · Score: 1

    For some of us that isn't a problem, since we don't believe in IP anyway.


    "IP" isn't something to believe in as if it exists on it's own. We made it up. But we made it up for a reason.

    As a society we value the creation of content and came up with IP as a mechanism to help content authors make a profit from their work so they would be motivated to create more works.

    I have yet to hear an alternate system in which content creators can make a living. Do you have a proposal?

  87. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  88. Re:Psst. Copyright doesn't work like that! by logfish · · Score: 3, Insightful

    Willingly facilitating in the distribution of copyrighted material is illegal. So although running a brightnet client may be legal by itself (as is hosting most web pages) as soon as you use it to distribute copyrighted material you have a problem.

    It's just like piratebay.org, they don't host the data but in most countries what they are doing is considered illegal.

  89. Re:Psst. Copyright doesn't work like that! by Silver+Sloth · · Score: 1

    Absolutely - come round to my house and I'll skin up a joint - we might even share some files I've downloaded. Just don't ask me to blow hash smoke in a policeman's face.

    --
    init 11 - for when you need that edge.
  90. Re:Psst. Copyright doesn't work like that! by Falkkin · · Score: 1

    "It is the URL that turnes those random blocks into something."

    OK, then any person who posts a URL to a copyrighted file will be sued for copyright infringement, rather than the person hosting the data. In what sense is that an improvement over the status quo?

  91. Re:Psst. Copyright doesn't work like that! by Em+Adespoton · · Score: 1

    In other words, "uploaders" can't be sued in this setup unless you can prove that the uploaded file was intentionally violating copyright (you'd need to be monitoring the person already).

    Of course, as downloading unauthorized copyrighted material also appears to be a crime in the US, they could still go after the downloaders.

  92. It's just an XOR trick. by Animats · · Score: 1

    I'd thought of this a while back. The general idea is that given blocks A B C, A XOR B = some copyrighted content, A XOR C = some public domain content, B XOR C = junk. This can be extended to require more than two blocks at a time. It's probably not defensible legally, and you have to store and ship around twice as much data.

  93. Re:Psst. Copyright doesn't work like that! by mollymoo · · Score: 1

    In order to define information, as it is perceived by humans into binary data you would need a far deeper understanding of the human brain than we currently do. Words can be exchanged for ones of sufficiently close meaning, the edges of a picture cropped, sections of a tune repeated and so on in ways which do not significantly change the information a human would extract, but which would defeat a simple binary comparison. While we can represent information as binary data, we just don't know how to represent the nuances of human interpretation as mathematical operators on binary data. That's not a failing of copyright law, but of mathematics and biology.

    --
    Chernobyl 'not a wildlife haven' - BBC News
  94. Re:Psst. Copyright doesn't work like that! by bob.appleyard · · Score: 4, Insightful

    Just ignoring the law and breaking it doesn't make you a fearless defender of freedom. It just makes you a criminal. Only if, through your actions, you actually hope to effect real change, can you justify them using your thesis.

    --
    How dare you be so modest!! You conceited bastard!!
  95. Re:Psst. Copyright doesn't work like that! by Firehed · · Score: 1

    Your post says that common sense isn't applied in a court of law (and more often than not, that's the case). However the context of your post implies that this kind of thing would be legal were it not for those pesky courts disagreeing, though you certainly didn't suggest that everyone try it. Or that's how I read it, at least.

    --
    How are sites slashdotted when nobody reads TFAs?
  96. Not just encryption by js_sebastian · · Score: 1

    Replying to my own post, but this IS just a sort of encryption - their main claim being because the data is encrypted, it's not copyright.

    Don't be so quick to dismiss it. It is not just encryption. To upload my file A into the network, I take N blocks at random that are already up there, XOR them and use them as a 1 time pad for my data. Then i upload the resulting block. Ok, sounds like encryption so far.

    To reassemble the data I need all N+1 blocks, otherwise it is just garbage. Also, I need a URL telling me which blocks to combine to get which files, otherwise there is a combinatorial explosion in the number of possibilities.

    Also, someone else can come tomorrow and encrypt his file B using some of the same blocks I used. So if you are hosting one of those blocks, and A is legal while B is illegal, which file were you really sharing? Also, even if the people who uploaded those N+1 blocks could be traced, which one of them uploaded the file? So really, the only person distributing the file is the guy hosting the URL.. but URLs are small and it's much harder to stop distribution of small files.

    About the overhead: since the blocks can be reused, there doesn't have to be much storage overhead. Of course there is an N-fold bandwidth overhead.

  97. Only reassembly infringes... by js_sebastian · · Score: 1

    Sure... So if I put in Brittany's latest album, then tell my friend to click on the url that 'reassembles' the 'truly random' data into, well, Brittany's latest album, then do you really think copyright has nothing to say?

    Sure, so the URL is a link to copyrighted material, and reassembling the file is copyright violation. Thing is, none of the N random blocks which are used to rebuild the album is copyrighted, individually... in fact maybe one of them is "provably random" as in a hash of shakspear's works, and another one is one of the blocks encoding someone else's home-brew porn.

  98. Re:Psst. Copyright doesn't work like that! by adrianbaugh · · Score: 1

    We already rely on exclusive use of certain integers for particular individuals / organizations - pgp keys, etc. They're only (relatively) short - a few thousand bits, say - whereas the number representing MS Office is extremely long (many millions of bits). The set of all numbers representing actual creative works is incredibly sparse. It would take you a long time to get MS Office out of a random number generator...

    So your concern of privatising the entire integer space isn't really valid. As you say, the number is just a representation - it's the creative work that matters and it doesn't affect anything how you dress it up.

    --
    "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
    - JRR Tolkien.
  99. Re:Psst. Copyright doesn't work like that! by Surt · · Score: 1

    Yes ... it will be the people storing and exchanging the URL's who will be in trouble.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  100. Why even bother storing the actual random blocks? by cwills · · Score: 1

    Basically, the "URL" that they are using is nothing more then a list of indexes into a Random Number Table, and each element of the RNT is 128k bytes and the values of that table are distributed.

    Say that you have a simplified RNT of 8 values:
    Index; Seed; Value
    1; 5; 10
    2; 32; 9
    3; 99; 13
    4; 86; 17
    5; 42; 11
    6; 12; 7
    7; 18; 23
    8; 4; 3

    Assume that the formula is simple addition, and your original text is "20". You can generate the following URL's;
    2;5
    1;6;8
    4;8
    ...

    However, if you publish the RNG, you can change the URL to simply be the seed values and you can compute the individual RNT value. This would simplify the whole system because you then do not need to transmit any blocks of 128k data.

  101. Reinventing the wheel by kenp2002 · · Score: 3, Interesting

    I love kids these days, always thinking they are clever.

    A long time ago a man wrote a book, he then made an index of all the words in the book and listed them in alphabetical order.

    He then re-copied the book as a reference to the index.

    Original: "I am the king of scotland"

    Index: AM,I,KING,OF,SCOTLAND

    Story: 2-1-3-4-5

    Now this idea is nothing more then seeding a network with the index of data then to rebuild a particular file you pass is an index reference.

    They would simply bust people for passing the index reference.

    Ironical that old book became the foundation for modern day text compression schemes that used indexes and many of the key concepts that cryptography was born from.

    Clever kids, if it was still the 1500's and you were trying to smuggle banned books under the nose of the inqusition. They just burned people with the indexes just as if they had the books themselves.

    Honestly do they really thing that people are that stupid? If I use a pencil to stab someone I am going to jail just the same if I had used a knife. If someone is smuggling something across the border, but I don't know what, I am still an accomplice to some degree.

    Plausable deniability is a great idea but the moment one of those indexes lands on you PC your gonna get dinged for whatever the index points too.

    --
    -=[ Who Is John Galt? ]=-
    1. Re:Reinventing the wheel by noname444 · · Score: 1

      Lossy compression?

      I am the king of scotland -> I AM KING OF SCOTLAND

    2. Re:Reinventing the wheel by Anonymous Coward · · Score: 0

      You guys are all sort of missing the point. No one is denying that copyright law is broken when you index or build a copyrighted file from the blocks you've accumulated.
      Pray tell me how that action is discovered?
      You can monitor traffic in OFF all day every day and you will never ever ever, even once, come across any identifiable data.
      So how exactly do they tag an infringer?
      An index in OFF looks exactly the same as any other block in OFF, because it is.

  102. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    URLs are small.

  103. Re:Psst. Copyright doesn't work like that! by Klaus_1250 · · Score: 2, Informative

    Brightnets don't distribute material. They distribute random blocks. The URL distributes the material, by combining the random blocks in the Brightnet to something none-random. That none-random part can be anything, it could be something that is copyright-infringing or it could be something innocent like holiday photo's. If I'm storing random blocks for a Brightnet, I'm doing just that. Storing Random blocks of data. Nothing more nothing less. I have not clue, and can't know, how people are going to use those random blocks. It all depends on the URL, not on the Random Data.

    --
    It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  104. What OFF does by miketheanimal · · Score: 2, Interesting

    Rather than reply to a load of (seemingly to me misguided) postings about OFF being clever encryption or whatever, here is my take on it: Suppose I have a file I want to upload. I do something like this. I split it into blocks (128Kbytes in this case). Then for each "original" block I create a set of "new" blocks such that, if the "new" blocks are (say) XOR'd together, they create the "original" block. I then upload the "new" blocks to various servers. The URL for the file lists which "new" blocks to get from which servers; anyone with the URL can retrieve the "new" blocks, do the XOR and regenerate the original file. Now, the "new" blocks cannot be copyright. If there are N "new" blocks for each "original" block then I can generate the first N-1 randomly, and then generate the Nth to give the right result. The Nth block is random in the sense that it is generated as a result of an "original" block and N-1 randome "new" blocks. The URL itself cannot be copyright; if it was then it I give someone instructions on how to get to some place where there is a copy of a book, and the PIN number for a photocopier, then that would be copyright as well. It seems to me that copyright is only infringed when someone gets the "new" blocks and recreates the file. So, the OFF does not magically get around having a dodgy copy of a copyright work, but it does get around storing that work,

  105. Hash collision? by henrypijames · · Score: 1

    With this kind of excessive use of random data, isn't hash collision to be expected pretty soon?

    1. Re:Hash collision? by Bengie · · Score: 1

      time for SHA1024?

  106. Re:Psst. Copyright doesn't work like that! by Henry+V+.009 · · Score: 2, Interesting

    If it's any shorter than the original data, then there will be a way to unencrypt the data without the key (proof by a simple counting argument).

    Maybe I've misunderstood you, but that sentence seems to suggest that you don't understand how public key cryptography works.

  107. Individual blocks have no meaning by js_sebastian · · Score: 1

    So, "nobody shares any copyrighted files, and therefore nobody needs to hide away" is erroneous. Both the person offering the URL and the person accessing it need to hide if it's a work someone's going to exercise copyright over.

    True. But the people hosting the blocks used to encode the copyrighted file do not infringe. The system is designed in such a way that the block you create to encode your file today will be used tomorrow by somebody else as part of the encoding for something totally different. This is what you call plausible deniability. I am just hosting some blocks, I really have no clue what all the uses for each block are.. and I don't mean possible uses (yes, I can one time pad anything into anything else) I mean real uses that someone has made of that block.

    From the practical point of view it makes a huge difference because preserving anonimity while sharing small amounts of data (the urls) is an easier problem than preserving anonimity while sharing large amounts of data (the files themselves).

  108. Do not assemble in a copyrighted manner by Wubby · · Score: 1

    Here is all the digital data available in the universe with all duplicate versions removed. It takes up 1 byte.

    0|0
    1|0
    0|1
    1|1

    You are not allowed to assemble these into a copyrighted work. You have been warned.

    --
    Sig
    Appended to the end of comments you post. 120 chars
  109. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    Numbers don't have a unique purpose. The same number can be used in the construction of arbitrarily many files. You don't have to lie about the purpose of any such number. Be honest: "It's a block which is required for generating my holiday pictures." You can even prove it, if you have the URL which references that block as part of your holiday pictures. That same block can be used for any number of other purposes, which you know nothing about and can not influence, but that is true for absolutely every data you publish, even outside the context of an OFF. Participation in an OFF is a privacy issue, obviously, because you simply do not want anyone to know which legal files you're sharing and downloading.

  110. Re:Psst. Copyright doesn't work like that! by adpsimpson · · Score: 2, Funny

    Wait, are you calling me a debian newbie, or a human-geek-slashdot newbie?

    Either way, I'm fairly sure the output would actually be more like:

    $ sudo apt-get install common-sense && man common-sense
    common-sense is a meta package
    The following NEW packages will be installed:
    RMS-logic RMS-common_sense RMS-IP_thoughts
    The following currently installed package(s) will be removed:
    human_society
    Do you want to continue [Y/n]?

    --
    Is crushing a suspect's child's testicles illegal?
    John Yoo: "No, [if] the President thinks he needs to do that."
  111. Re:Psst. Copyright doesn't work like that! by chihowa · · Score: 1

    As a rule, you don't copyright the exact data (i.e. the sequence of numbers representing a digital file). You copyright the actual tangible information. Attempting to abstract the law into mathematics is pointless. They are not compatible.

    That's not the point. The point is that if someone downloads blocks from me to be used for copyrighted material, I cannot know what it is used for. Maybe these block also encode legal stuff. Because the same block encodes multiple files, and because a request does not state what the data is gonna be used for, I (probably) cannot be holded responsable for sharing copyrighted material.

    This is interesting. If it works like this, then the downloader could use blocks downloaded from you to make a file that you don't possess. It's still copyright infringement in spirit, but it's difficult to make available a file that you don't actually have.

    --
    If you want a vision of the future, imagine a youtube comments section scrolling - forever.
  112. Re:Psst. Copyright doesn't work like that! by Richard+W.M.+Jones · · Score: 1

    that sentence seems to suggest that you don't understand how public key cryptography works.

    Well I have a degree in math and a masters in computer science, and can work through the common forms of public key crypto from first principles, but anyway do tell me how I this shows I don't understand how public key crypto works.

    Rich.

  113. Re:Psst. Copyright doesn't work like that! by argStyopa · · Score: 1

    I don't believe in marriage, so you won't mind if your wife and I get together then?

    --
    -Styopa
  114. Re:Psst. Copyright doesn't work like that! by jollyreaper · · Score: 1

    The issue is that any piece of random data can be turned into copyrighted data. With the right key, you can turn John Smith's holiday photo's into copyrighted MP3's. But you can't sue John Smith because someone uploaded a key that can turn his photo's in copyrighted data. OFF stores random blocks of data, which can be used by multiple files. It doesn't store any information in particular, just random blocks. Random blocks that can be used for anything. It is the URL that turnes those random blocks into something.

    Hey, this isn't a binary nerve agent, it's just two harmless little chemicals sitting in my artillery shell. If I happen to fire it at a bunch of enemy soldiers standing over there and the two chemicals happen to mix and form a nerve agent, well gee, that sure is unfortunate but it couldn't be my fault!

    I agree with what the colour guy said above, the lawyers aren't going to see any difference here. In a courtroom, it doesn't matter who is right, all that matters is who knows the law the best, who can bullshit the most brilliantly, and who has the money to buy the judgment they want. Trying to out-lawyer a lawyer in a courtroom is like playing Starcraft against Korean high-schoolers except you stand to lose a lot more money when you get pwn3d.

    --
    Kwisatz Haderach
    Sell the spice to CHOAM
    This Mahdi took Shaddam's Throne
  115. Too true... by Anonymous Coward · · Score: 0

    I think the idea is that you can't prove which files were made from infringing works, or at least, you shouldn't be able to. So you can say "It LOOKS like I got it from that source, but I DIDN'T!"

    In practice, I would expect the MAFIAA to sue everyone who had a file that could be part of a MAFIAA-owned, copyrighted work whether they were in the process of transmitting MAFIAA-owned files or not. It's not like they care if you're guilty, anyhow. They make it as hard and expensive as possible to raise a defense whether you're guilty or not.

  116. B. S. by Anonymous Coward · · Score: 0

    BULLSHIT

    Are we not professionals?

  117. Re:frist stYop by Bengie · · Score: 1

    Repliying to statements like this "Of course the data is not random. And of course it represents the original data. If either of these two nonsensical statements were true, then it would be impossible to reconstruct the original data. [...]" Here's an idea; Lets calulate PI(eg. 3.14.....) so that it consumes X amount of gig's of HD space, then you use a formula to convert parts of that data into any file that you want. According to the reasoning of statements like above, it would be illigal to store PI because you can make copyrighted files based off of it. Maybe that what they need to do, just precalculate PI to fill up 1TB of HD, then you don't need to transfer any data other than the forumlea to turn parts of PI into whatever you want.

  118. Copyright still holds, and here is why by davidwr · · Score: 4, Insightful

    The song "Happy Birthday" is under copyright.

    If I send you two emails, one that contains a numbered list of every word to "Happy Birthday" along with 1000 other words, in alphabetical order, and another email that contains the numbers of the words "Happy Birthday" in the order they appear in the song, the two together constitute a copyright violation.

    The same principle applies if I give the page- and line-numbers of a common dictionary, or any other referenced source, even if the referenced source was itself in the public domain.

    If two legally independent systems existed to transport this data each one would probably be immune from being prosecuted for "aiding and abetting" copyright violations, particularly if there were other legitimate uses, but a combined infrastructure which encouraged people to use it for copyright violations would be legally problematic.

    Let's put it another way:
    If I ran a legitimate service that operated this way, and I filtered out "re-assembly URLs" that appeared to be copyright violations, that would be legally defensible.

    If, independently of me, you took copyrighted data and put it on my system with bogus re-assembly instructions and labeled the data "random_numbers", and then sent the correct reassembly data through another mechanism, I would be legally off the hook, but if you were ever caught, you would not be.

    Legally, this is not much different than copyrighted data encrypted by a one-time pad. Either half can be considered the non-copyrighted pad, and proving which half is the pad and which half is derived from the original can be legally difficult or impossible, but together, it's the same as the original and anyone or any organization that says "I have a safe way for you to use my product to safely transmit both halves to circumvent copyright protection laws" is going to get hauled into court and lose. Anyone or any organization which, through gross negligence, allows such traffic and who could reasonably stop it without shutting down non-infringing uses, or which doesn't have a substantial amount of non-infringing use, is asking for a legally expensive court fight. He might win the fight but he will be financially bruised for it.

    If you are going to pull a stunt like this, make sure it's broken into enough organizational pieces that each piece is clearly legally defensible, and make sure both each piece and the overall technology enjoy substantial use by legal users. Also make sure there is no cheap way of segregating infringing from non-infringing use.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Copyright still holds, and here is why by hummassa · · Score: 1

      The song "Happy Birthday" is under copyright.

      If I send you two emails, one that contains a numbered list of every word to "Happy Birthday" along with 1000 other words, in alphabetical order, and another email that contains the numbers of the words "Happy Birthday" in the order they appear in the song, the two together constitute a copyright violation.

      A small correction: as I posted in a sibling post, it's not that "the two together constitute a copyright violation". The thing is that "when someone (*) reassemble the original work from the parts, then the sender had violated the copyright of the original owner". Subtle diff, huh?

      (*) unless that someone is authorized by the copyright owner or by the law (like fair use exceptions, etc)

      --
      It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    2. Re:Copyright still holds, and here is why by cgranade · · Score: 1

      I think the question remains though if you tried to transfer something to yourself. In your Happy Birthday example, if instead of sending those two emails to your friend, you send one to each of two friends (ostensibly because you're going to wipe your harddrive and are using them to back up your songs) who then forward them back to you, have you violated copyright? Did you transmit a copy to anyone else? As far I can tell, that's the argument being made for this Brightnet: it circumvents copyright law for the intermediates who cannot recover the original file. As long as you can recover the original file, then the argument doesn't hold. That gives you a handy way of sharing large files with other authorized users in a distributed way.

      --

      #define DRM chmod 000

    3. Re:Copyright still holds, and here is why by Jasper__unique_dammi · · Score: 1

      "it circumvents copyright law for the intermediates who cannot recover the original file" Intermediates is not entirely correct, some of the pads used can be older then the transmitted document. (These people have nothing to do with it, they never set their pad to provide the file.)

  119. Re:Psst. Copyright doesn't work like that! by Henry+V+.009 · · Score: 1

    Good god, you have degrees. Impressive. After all, it's not like I ever get CS grad students in my office who have approximately the same level of computer science knowledge as my grandmother.

    FreeNet keys aren't the same length as the data, nor do they function as one-time pads, nor can you decipher the FreeNet data on your hard drive without an impossible amount of computing power. When you say this "is how FreeNet and other systems work," you've either misunderstood FreeNet or public key cryptography.

  120. Re:Psst. Copyright doesn't work like that! by nine-times · · Score: 1

    Yeah, I think we (by "we" I mean "people on Slashdot") have talked about this sort of thing before, except in a theoretical sense. The example I remember from the time was something like the following.

    Imagine you had a very big file being shared through bittorrent, supposing it was something valid (like multiple DVD ISO files for Linux distributions). Now suppose someone found that they could recombine some subset of those blocks in a different order, and get some kind of a copyrighted file. Could the copyright holder sue someone for copyright infringement for sharing those blocks of data online (by participating in the torrent)? Or would they have to try to sue the person who published an altered tracker, allowing that copyrighted file to be pulled out, even though the tracker was not itself copyrighted material?

    I don't think all of this is simply an attempt at legal hand-waving. It seems to me it's a general problem with copyright in the digital/internet age. Of course, the given example is far fetched, but apparently not all that far-fetched if someone is making a distributed filesystem that works that way.

  121. Re:Psst. Copyright doesn't work like that! by Klaus_1250 · · Score: 1

    With that analogy, you are outlawing random data. Random data is like a binary nerve agent? Come on. Just because data is random and doesn't have any color, it should be illegal? Everything without color is illegal? That doesn't sound like freedom to me. If I want to produce bits without color, than that is my free right. I'm not going to artificially color my bits, just because some likes bits with colors. A society where colors are mandatory and where everything is checked to see if it is the "proper" color, even though color is just an artificial/virtual addition which has no real meaning, is about as far from a free society as you can be. Especially if the meaning of color is sold to the highest bidder or the one with the most power.

    I don't discriminate. I don't care what color bits are, nor do I care if a bit happens to be born without color. I don't even care if a bit is unhappy with its color and want to change it over time. I do care however if a bit is (re)colored against its will.

    --
    It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  122. The courts against US by hesaigo999ca · · Score: 1

    There is a new add-on you can download to better understand
    this new technology and it's representation.
    It is called the File Crypto Knowledge-base or F.C.K. for short
    when coupled with OFF, lets you know exactly what the main scope of the
    application is.

    When the courts use F.C.K.- OFF they will get a better sense of
    where our technology is going and where they might stand in the near future
    with these prosecutions.

  123. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    Sorry, can't afford to bribe a congressman or I would do something about it.

  124. On other news by Yogiz · · Score: 1

    MPAA and RIAA lobby to make random data illegal.

  125. This is such a hackers approach... by Anonymous Coward · · Score: 1, Insightful

    to a social/political issue.

    Its so common for the truly geeky to think "oh, if I game the system enough then they won't be able to touch me"...

    Believe me, you start this up, and they'll either find a way to prosecute it against you, or they'll MAKE it illegal... People (and thus the laws they create) are not "Nomad" from Star Trek, and you are not Captain Kirk, ready to use 5 minutes of cheesy logic to make everything blow up.

    If you're concerned about the state of copyright, then work in the political realm to change it, using rational debate, effective lobbying, etc.

    Or, to throw in one more geek reference from the OTHER great body of work (I went with Star Trek, gotta represent the other side):

    "Don't be so proud of this technological terror you've created, its pales in significance to the power of the law."

  126. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 1, Insightful

    Hint: His argument doesn't have anything to do with public-key crypto (or ordinary symmetric crypto either) although he shouldn't have mixed Freenet there.

    Look it from this point instead: Freenet data is easily decipherable. Just decode it with a key (gotten via torture or something) and bang - you have pretty much undeniable a proof that the decrypted data WAS made from copyrighted content and is thus infringing.

    With information-theoretic approach there's no way to tell that. You have three documents X, Y and Z. If you xor X and Y together you get a copyrighted document A, if you xor Y and Z together you get a free document B. Is Y "made" from A or B?

  127. What this would be useful for by presidenteloco · · Score: 1

    Is storing peoples' digital "faces" (life histories, medical records, ids etc) in ways that are not owned by any particular "hosting" company, and are not subject to sifting for marketing purposes, nor pre-crime analysis purposes.

    Also, since the data would be redundantly stored, distributed around the world, on several of billions of Internet edge nodes, the data would not be subject to destruction by the bankruptcy of or legal injunction against, any single host corporation.

    For similar reasons, the data would not be subject to destruction by natural disaster, nor by totalitarian regime.

    This is the beginning of the possibility of
    perpetually persistent information. Too bad so
    much of it will be used for nausiously boringly
    similar videos of toddlers learning to fall down.

    --

    Where are we going and why are we in a handbasket?
  128. One possible benefit... by ChrisMounce · · Score: 1

    If the system requires that blocks be reused, then some blocks will eventually be used by both illegally distributed works and legitimately distributed works. Even if the courts ruled that certain blocks were equivalent to a copyrighted file, it would be harder to enforce that decision (imagine the bad press if taking down 1 MP3 involved shutting down a tenth of the Internet).

    Then again, modern P2P systems are already almost impossible to shut down, so there isn't that much of an additional advantage to using a brightnet. It might be more useful not as a mechanism for storing files, but as an experiment in copyright law.

  129. Douglas Adams WAS on to something! by Anonymous Coward · · Score: 0

    I have just made a startling discovery! With enough transformations I can turn the number 42 into anything. Obviously the answer to life, the universe, and everything will be in there somewhere alongside various copyrighted material.

  130. Sorry guys, the law doesn't work that way by CokeJunky · · Score: 2, Insightful

    IANAL, but my understanding of copyright law and law in general is that it is typically performance based.
    That means that If it is used and appears to have the purpose of distributing copyrighted material, no mathematical slight of hand in the middle changes the fact that copyrighted material is being moved. It may, however, offer some protection to the people operating the network, but anyone at the end points (providing/retrieving) is still likely to run into trouble. At the very least, it will be a costly argument to someone in court.

    If the system offered substantial benefits to non-infringing users (and was used that way) over traditional ways of transferring files, then maybe they are ok, but if it looks like a duck, walks like a duck and talks like a duck, it must be a duck.

    Long story short: Seek legal advice!

    --
    More Caffeine. NOW
  131. Re:Psst. Copyright doesn't work like that! by 91degrees · · Score: 1

    Binary data can only represent discrete values. As such, a digital recording of a record, or a digitised photograph is only a representation. One of many possible representations of the information. The computer processes a binary representation. The fact that we can represent it in this way does not mean that this representation is what we have copyrighted.

    In legal circles, there isn't any concept of "divinely defined". Typically they use the "reasonable person" test. Even though mathematically, an mp3 and an analogue recording of the same song are very different, a reasonable person, when it is explained how these recordings are typically used, would conclude that they are the same tune.

  132. Re:Psst. Copyright doesn't work like that! by tzot · · Score: 1

    On a sideways, kind of off-topickish view, if my name was Bitchard I would love to just undersign (like you do) my posts when replying to annoying people and get away with it. Legally, I mean. In a court of law.

    --
    I speak England very best
  133. Re:Psst. Copyright doesn't work like that! by znerk · · Score: 1

    "IP" isn't something to believe in as if it exists on it's own. We made it up. But we made it up for a reason.

    Are you claiming that there is a religion out there somewhere that wasn't "made up"? Truth be told, they were even "made up for a reason"... controlling the populace is a strong reason.

    To continue my anti-religion analogy, think about the following...
    Q: What do you call a religion without followers?
    A: Mythology.

    - nuf sed

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  134. You're mixing up your problem spaces. by Valdrax · · Score: 4, Insightful

    There is a reason that legal "solutions" to technical problems deserve the derision we heap upon them. Legal "solutions" merely attempt to artificially constrain the problem without doing anything to resolve the technical nature of the problem itself.

    To make this abundantly clear:
    Legal solution to a technical problem - outlawing buffer overflow exploits
    Technical solution to a legal problem - showing that the arresting officer made a procedural error which taints the evidence gathered against you.

    You just mixed your namespaces.

    1st: [Law solution (statutory)] tries to fix [Computer problem]
    2nd: [Law solution (procedural)] tries to fix [Law problem]

    These aren't equivalent. A technical computer solution to a computer problem is fine, as is a technical legal solution to a legal problem. What's worthy of derision is using a law solution to a computer problem or using a computer solution to a law problem, and that's what this is.

    Claiming that you didn't violate someone's copyright because you copied their works without permission in a really nifty way is nonsense. Copyright law doesn't care if you independently produce exactly the same work as somebody; it's a strict liability tort -- "innocent" infringement is still infringement.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:You're mixing up your problem spaces. by professionalfurryele · · Score: 1

      Thing is that this really blurs the lines as to who did the copying. You cant easily point and say Person X violated copyright law. You can with a high degree of certainty say that copyright law has been broken, but the question is now, by who?
      Probably the person who distributed the key used to reconstruct the file is guilty of distribution. But we don't know, could be argued it was the person who has the different pieces of these files.
      This doesn't make distribution legal. It doesn't change the fact that the law has been broken. It does make it difficult to identify who actually did the breaking.

    2. Re:You're mixing up your problem spaces. by crosbie · · Score: 1

      Copyright is about copying, not about independent creation or discovery (as patent is).

      So provenance is vital.

      If two people independently, coincidentally produce the same poem, this is not copyright infringement. There is only infringement if one person has copied the 'original' work of another.

      Similarity is only used as a clue that infringement may have occurred - similarity is not sufficient to determine infringement.

    3. Re:You're mixing up your problem spaces. by TubeSteak · · Score: 1

      1st: [Law solution (statutory)] tries to fix [Computer problem]
      2nd: [Law solution (procedural)] tries to fix [Law problem]

      These aren't equivalent. A technical computer solution to a computer problem is fine, as is a technical legal solution to a legal problem. What's worthy of derision is using a law solution to a computer problem or using a computer solution to a law problem, and that's what this is.

      I stand by what I said.
      The fact is, there is no such thing as "a computer solution to a law problem".
      All* solutions, to all law problems, are technical in nature.

      That said, I believe you've mischaracterized my 2nd example as procedural, which is partly my fault for not choosing a better example. Procedures are just another set of laws. Whether you attack weakness in the procedure used, the language of the statute itself, or the jury deciding the case is besides the point, as either way, your attack is a technical one based on flaws in the system.

      It's worth noting that you do agree legal solutions to technical (computer) problems is crap. Legal solutions to technical problems all have one main flaw: enforcement. Enforcement is why the **AA's prefer technical solutions like DRM, Trusted Computing, &/or HDCP for their computer & TV problems.

      Claiming that you didn't violate someone's copyright because you copied their works without permission in a really nifty way is nonsense. Copyright law doesn't care if you independently produce exactly the same work as somebody; it's a strict liability tort -- "innocent" infringement is still infringement.

      I'm not sure how any of this applies to the discussion at hand.

      If I'm on BrightNetP2P and upload Random Chunk "KLM" from multi-gigabyte Random Block "ABCD...XYZ", what have I done that is illegal? And how is that any different from Freenet? In both cases the uploader has complete deniability about what "KLM" is going to be used for.

      If I'm on BrightNetP2P and I download Random Chunk "KLM" from multi-gigabyte Random Block "ABCD...XYZ", what have I done that is illegal? And short of searching my computer, how are you going to prove I've infringed on anything at all? And speaking of searching computers, what part of my BrightNetP2P traffic would give you probable cause to do so?

      The only issue with their proposed system is in distributing the URL and there are ways to robustly and anonymously do that (a Freenet-esque overlay comes to mind).

      *AFAIK, the only non-technical solution to a legal problem is to cut a deal or to settle out of court.
      **Unless the technicality you are exploiting is that the law does not say "and using a computer to do XYZ is also illegal" In which case, using a computer is central to your technicality.

      --
      [Fuck Beta]
      o0t!
    4. Re:You're mixing up your problem spaces. by Anonymous Coward · · Score: 0

      The point isn't that no one is violating copyright.

      The claim is that the brighnet operators are not necessarily infringing.

      Not only do the individual brightnet operators not know what they have stored on their drives, they only have parts anyway. Parts 1, 5, and 48 might combine to form a particular jpeg of the Mona Lisa. Parts 48, 95, and 104 might create an MP3 of some Britney Spears song.

      Both files used part 48, but part 48 is not copyrighted. Part 48 might have originally been created 15 years earlier when someone's mom saved her public domain text file for chicken noodle soup.

      Are you saying because part 48 also happens to be part of Britney Spears Toxic and some copyrighted JPEG, that it is now somehow illegal to have?

      All that aside, If I upload Britney Spears Toxic and get a list of "parts," and then I give my coworker the list, then I probably did violate copyright. However the brightnet operators have not.

      I think this computer solution solves exactly what they claim it solves. You just thought they were claiming something else.

    5. Re:You're mixing up your problem spaces. by Valdrax · · Score: 1

      Anyone sharing the URL is infringing since the URL is nothing but a decoder-ring "key" for how to get the original file back. It can't even save you any space since there's no way to encode the block numbers in a way that's shorter than the original block. This entire idea is a shell-game, and courts aren't going to be impressed by that.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    6. Re:You're mixing up your problem spaces. by Anonymous Coward · · Score: 0

      I agree that anyone sharing the URL may be infringing. That's what I was trying to say in my post. No one is saying otherwise as far as I can tell.

      The point is the various people running the brightnet, who have never met me or my friend, are not responsible. Remember block 48 was uploaded willingly by the original author. It just happens to coincide with other copyrighted works as well.

      No court will demand that block 48 is removed from the brightnet. If they did, they might as well shut down the internet since _anything_ can be construed to be part of some copyrighted work with enough manipulation.

      The court can find against me and/or my friend though.

  135. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    I've spent my time on the barricades, unlike the politically apathetic students of today but, with age comes a certain amount of prudence and I know I have to temper my personal beliefs with those of society at large.

    It might be that todays students are politically apathetic, because they fail to see how your generation made a difference with being politically active. I'm not saying your generation didn't make a difference (can't judge that) btw, but the only thing I can think of that came out of that era was feminism and the sexual revolution.

    In the current political climate, really changing something by political activism isn't going to work anymore. You need heap loads of money, lobbyist and political capital instead. Young generations don't have access to those.

    Take a look at copyright. Most youngsters are into p2p and don't agree the way copyrights are written into our laws. So what does the old generation do? They "educate" them, implement DRM/TPM, force laws which allow ISP's to monitor them, raid their "leaders" (piratebay), bad mouth them, etc, etc. You smoked dope, they download torrents. Will it make a difference? No.

  136. Re:Psst. Copyright doesn't work like that! by kabocox · · Score: 1

    If I zip up MS Office, for instance, I've turned it into a very long number. Is it reasonable to allow companies to claim ownership of such numbers? With the proper compression and/or encryption scheme, you could use any number (trivially in some cases) to represent a work over which you can claim copyright. Do we then let a corporation privatise the entire integer space? And if not, how do we distinguish between infringing and non-infringing uses of a large number?

    Reminds me of some scifi theory/short story that I read once. It basically assumed that all data where contained in pi somewhere. All you needed was the offset, the length and an infinite processor that could calculate pi out to that far in nanoseconds.

    That would be interesting if some one could search pi for valid files and if any are found.

  137. It may not be "weapons distribution", but... by znerk · · Score: 1

    As a matter of fact, if you give someone a set of instructions for building a bomb with the intent of the recipient building a bomb with them, you can be fined $250,000 and spend 20 years in jail.

    It's been like that for over a decade now.

    http://chemistry.about.com/library/weekly/aa021003a.htm

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    1. Re:It may not be "weapons distribution", but... by plasmacutter · · Score: 1

      "why else would you post the instructions to make a bomb if you didn't intend people to know thus be able to act on it?"

      same argument the RIAA makes, different subject matter.

      works in RIAA kangaroo courts, but doesn't work here? oh please!

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    2. Re:It may not be "weapons distribution", but... by znerk · · Score: 1

      "why else would you post the instructions to make a bomb if you didn't intend people to know thus be able to act on it?"

      If you had read the article I linked, you would have seen several reasons for giving someone instructions on how to build a bomb without expecting them to blow something up.

      same argument the RIAA makes, different subject matter.
      works in RIAA kangaroo courts, but doesn't work here? oh please!

      Ok, I have an issue. I don't understand what you meant by that. Please clarify, so I can tell whether it was supposed to somehow be a response to what I said in the parent post.

      --
      This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    3. Re:It may not be "weapons distribution", but... by spazdor · · Score: 1

      Pedagogical purposes.

      Bomb designs are useful learning tools for military, enforcement, and industrial applications.

      --
      DRM: Terminator crops for your mind!
  138. PLEASE, don't use the word "derivative"... by hummassa · · Score: 1

    They are not derivative works. They are latent forms of the original work, and not derivative. A derivative work is the result of an intelligent and non-automatable transformation of the original work -- like translating a book to another language or adding a new, different, verse to a song.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
  139. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 1

    Your post says that common sense isn't applied in a court of law

    I think it's more a case of what looks like common sense to a layman often misses the complexities of the case. It's the same in computer industry - as witness any number of users who ask "why can't you just make it do what I want?" as if a telepathic interface and natural language processor were the easiest things in the world.

    Or that's how I read it, at least.

    Indeed.

    --
    Don't let THEM immanentize the Eschaton!
  140. Re:Psst. Copyright doesn't work like that! by Actually,+I+do+RTFA · · Score: 1

    URLs are small.

    It's harder to trace the origin of one of 10 packets than one of 10,000?

    --
    Your ad here. Ask me how!
  141. Re:Psst. Copyright doesn't work like that! by jdschulteis · · Score: 1

    You could reasonably expect that someone downloading OFF blocks from you will use them to infringe. Who would use OFF for freely licensed material when it could be downloaded 3x faster in the clear? I wouldn't take the risk of being held liable for contributing to copyright infringement or worse, the distribution of illicit material.

  142. Still vulnerable by jtgd · · Score: 0

    Clearly they won't prosecute anyone for hosting the random bits, but they WILL prosecute anyone who distributes the URLs that allow the reconstruction.

    --
    J
  143. but the geeks are right. by plasmacutter · · Score: 1

    Geeks never understand the law, they assume that it is a mechanical system that can be gamed (well, because they're geeks)

    I think they understand it quite well.

    They just don't understand that the gaming involves money instead of technology.

    whoever has the most money wins.

    The internet is illegal right now thanks to rulings making it illegal to link to "infringing" content.

    even ignoring the fact that 98% of what is on the internet is actually infringing (images, copied news reports, blah blah), if linking once to it is illegal, the next logical move is doubly-indirect links.. which will be ruled illegal under a "reasonable extrapolation" from that precedent, and then linking triple indirect.. until finally any level of indirection is illegal.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  144. No relation to original data, truly random? by noidentity · · Score: 1

    The system allows for personal privacy because data (blocks) being transferred from peer to peer do not bear any relation to the original data. Incidentally, no data passing through the network can be considered copyrighted because the means by which it is represented is truly random.

    Wow, I can implement that in a one-liner: int getbyte( string filename, int offset ) { return rand() & 0xFF; }

  145. Mathematical sophistry does not trump the law. by Valdrax · · Score: 2, Insightful

    Brightnets don't distribute material. They distribute random blocks. The URL distributes the material, by combining the random blocks in the Brightnet to something none-random. That none-random part can be anything, it could be something that is copyright-infringing or it could be something innocent like holiday photo's. If I'm storing random blocks for a Brightnet, I'm doing just that. Storing Random blocks of data. Nothing more nothing less. I have not clue, and can't know, how people are going to use those random blocks. It all depends on the URL, not on the Random Data.

    In other words, it's distributing liability for infringement to all the people holding the bits you use to assemble the file. Wow. That's great.

    No court is going to rule that centuries of legal tradition are meaningless before mathematical sophistry. The way you store the file is just as irrelevant to infringement as whether you've got music in MP3 format or AAC format.

    You may think it's mathematically clever, but the court's aren't going to be interested in the logic of the math as much as the social and economic costs of allowing the creator's interpretation of copyright law to have any meaning. Courts will also look to the difficulty of enforcement if they limit liability to only those who uploaded the original file (which would be untraceable pretty quickly) and to those who downloaded the file via the URL (which is also nigh impossible to trace). The only easily identifiable contributors to the act left are those people holding the pieces.

    The most likely result of a case like this is an extension of Grokster to create liability for just running the software since it doesn't have (per Grokster) "substantial noninfringing uses," and the software actively takes steps to make it impossible for the users not to have derivative portions of copyrighted works on their system. Efforts to make the transaction untraceable (via this randomized block encryption) and open advocacy of this as a means to defeat copyright would also count as "clear expression or other affirmative steps taken to foster infringement."

    I can't see this software as accomplishing anything more than distributing liability for copyright infringement. The only saving grace for it is that you have no idea whose rights you're violating or how many violations you've committed, so you can't be on the hook (civilly) for every file you share pieces of since there's no way of identifying all the victims.

    However, all it takes is for the RIAA or MPAA to hire MediaSentry or some other firm to download a single file and copy down the IP addresses of every person they get a chunk from, and it's lawsuit city!

    At least you're safe from criminal copyright violation since that requires willful infringement which I don't think can be proven, though again the fact that you ran a service that you can't not infringe with might be damaging, but given that the only practical means of enforcing the laws would be to make the people running data stores liable, that's exactly what the courts will do, all your protests of holding "random" data be damned.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:Mathematical sophistry does not trump the law. by Katmando911 · · Score: 1

      The interesting thing will be when some user gets taken to court and this happends:

      RIAA: Let's try downloading a Britney Spears MP3 and sue a bunch of people. Let's send out the subpoenas to the ISPs to find these guys.
      ISP: That IP belongs to Mr. Smith. We'll be happy to forward along a cease and desist letter for you.
      RIAA: Whatever, we're going to sue them anyway.

      later in court...
      RIAA: Judge this scum infringed on our copyright, see we downloaded this file and part of it came from him so make him give us all of his money.
      Mr. Smith: Actually Judge, the piece that they downloaded from me also maps to countless other files.

      Mr Smith hands a list of URLs containing a bunch of non-copyrighted files containing that piece somewhere in the URL.

      Judge says...

      Come back later for the exciting conclusion to this episode same bat time, same bat channel

    2. Re:Mathematical sophistry does not trump the law. by Klaus_1250 · · Score: 1

      In other words, it's distributing liability for infringement to all the people holding the bits you use to assemble the file. Wow. That's great.

      No. The bits have no meaning. They are isolated random blocks of data, which have no meaning by themselves. Theoretically speaking, a random block of data could infringe in the same way a bunch of monkeys with type-writers might accidentally produce a text that infringes on copyright.

      (via this randomized block encryption)

      It isn't a randomized block encryption. It is a storage space for random blocks of data. The random blocks of data carry no meaning and have no special significance. They are just random neutral blocks of data. What gives them meaning is the URL, which combines various blocks of random to become something with meaning.

      that the only practical means of enforcing the laws would be to make the people running data stores liable, that's exactly what the courts will do

      I would find that highly peculiar. Even though those people do not do anything that is even remotely infringing, just because they are the only ones you can litigate, courts would actually allow that? By that same way of reasoning, you could hold the publisher of a dictionary liable for inciting hate/racism/whatever, because a person could use the words in the dictionary in that fashion.

      As for the rest, I'm not a US citizen, so I don't have all the ins and outs of your legal system. A few thins confuse me. Technology is neutral, but when I read "since it doesn't have (per Grokster) substantial non infringing uses", technology is not neutral in Law? This confuses me. P2P has substantial non infringing uses, that people don't use it that way, well you can't blame the technology or a service provider for that.

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  146. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    What the law says is just as irrelevant as long as you dont get caught.

  147. Re:Why even bother storing the actual random block by Anonymous Coward · · Score: 0

    Absolutely true - but once you go down that road you might as well use AES/symetric cypher (even aes as a prng would be fine...)

  148. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    or we can just ignore it out of spite and stay ahead of the game technologically.. You talk like law has to do with morality. It doesn't. It's bought and sold like any other commodity.

  149. No. Try think this through from the court's side. by Valdrax · · Score: 2, Insightful

    I made a longer winded post about this here, but I'll summarize for you.

    That's not the point. The point is that if someone downloads blocks from me to be used for copyrighted material, I cannot know what it is used for.

    That's the problem. You have absolutely no way of knowing that you're not sharing infringing blocks, you have no way to prevent it, and yet you've still willingly installed and ran the software on your system.

    How are the courts going to preserve copyright law in the face of this technical challenge? Make no mistake, courts aren't going to just throw up their hands in the air and say, "Wow! Centuries of legal tradition and entire sectors of the US economy have now been made obsolete by a very clever way of copying data. Let's call the whole thing off!" Somebody has to be held to account.

    What can they do?
    1) Make the person who uploaded the file liable?
    2) Make the person who downloaded the file liable?
    3) Make the people holding chunks of the file liable?
    4) Treat the URL itself as a derivative work?

    The first option is technically unfeasible. So is the second, unless you run your own data-store containing pieces of your own files as a sting operation, and you know what each chunk downloaded from you is. The third is feasible, because all it requires is that an authorized agent (like MediaSentry) download the file and track the IPs of all people who give them chunks -- every one of those people had an infringing piece, after all. The fourth has some real problems with not overreach and would create massive hassles for search engines, so I doubt the courts would go with that.

    I think the most likely solution is to treat the software like that in Grokster as software that aids in infringement and doesn't have substantial noninfringing uses and to extend the decision to hold users liable for contributing to infringement. It's the most practical solution (from the court's perspective) to the situation.

    All this accomplishes is getting them to turn another screw. So, thanks to all the people who invented this idea. Thanks a lot. (With friends like these, who needs enemies?)

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  150. Yeah, whoops. Ignore that line for a minute. by Valdrax · · Score: 1

    I don't know what I was thinking when I wrote that sentence about independent reproduction. It doesn't really matter here, since that's not what's happening here (you really are sending around derivative blocks), but that was a very, very poor way of phrasing my point.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  151. Standard Form for P2P Solutions by Anonymous Coward · · Score: 1, Funny

    Your post advocates a

    (X) technical ( ) legislative ( ) market-based ( ) vigilante

    approach to p2p file sharing. Your idea will not work. Here is why it won't work. (One or more of the following may apply to your particular idea, and it may have other flaws which used to vary from state to state before a bad federal law was passed.)

    (X) Pedophiles can easily use it to share child porn
    ( ) Regular internet traffic and other legitimate network uses would be affected
    ( ) No one will be able to find the guy or collect the money
    (X) It is defenseless against brute force attacks
    (X) It will work for two weeks and then Comcast/Other ISPs will filter it.
    ( ) Users will not put up with it
    (X) ISPs will not put up with it
    ( ) Microsoft/Apple will not put up with it
    (X) The police will not put up with it
    (X) Requires too much cooperation from sharers
    ( ) Requires immediate total cooperation from everybody at once
    (X) Anyone could anonymously destroy anyone else's career or business

    Specifically, your plan fails to account for

    (X) Laws expressly prohibiting it
    ( ) Lack of centrally controlling authority
    ( ) Open relays in foreign countries
    (X) MediaDefender
    (X) Asshats
    ( ) Jurisdictional problems
    (X) Unpopularity of weird new protocols
    (X) Public reluctance to accept weird new software to get movies
    (X) Huge existing userbase of BitTorrent
    ( ) Susceptibility of protocols to attack
    ( ) Willingness of users to install patches to keep the protocol up to date
    ( ) Armies of worm riddled broadband-connected Windows boxes
    ( ) Eternal arms race involved in all filtering approaches
    ( ) Extreme profitability of P2P sharing
    ( ) Technically illiterate politicians
    ( ) Extreme stupidity on the part of people who share files
    ( ) Bandwidth costs that are unaffected by client filtering
    (X) RIAA/MPAA Lawsuits
    (X) Friends ratting out your darknet

    and the following philosophical objections may also apply:

    (X) Ideas similar to yours are easy to come up with, yet none have ever
    been shown practical
    ( ) Blacklists suck
    ( ) Whitelists suck
    ( ) We should be able share files without being censorted
    ( ) Countermeasures should not involve iptables rules
    ( ) Countermeasures must work if phased in gradually
    ( ) Sharing files should be free
    (X) Why should we have to trust you and your servers?
    ( ) Incompatiblity with open source or open source licenses
    ( ) Feel-good measures do nothing to solve the problem

    Furthermore, this is what I think about you:

    (X) Sorry dude, but I don't think it would work.
    ( ) This is a stupid idea, and you're a stupid person for suggesting it.
    ( ) Nice try, assh0le! I'm going to find out where you live and burn your
    house down!

    1. Re:Standard Form for P2P Solutions by Catbeller · · Score: 1

      Ah, the kiddie porn.

      How does anyone know there is "kiddie porn"? Did you see it, and if you did, how and why?

      If you never see it, how the hell do you know it exists? Is it the Hunting of the Snark rule? We are told three times, and so it is true?

      What exactly is this "kiddy porn" that they keep finding? Is it a teenager in a bikini? I'm betting yes. They're arresting people for what they *think* about a picture. There are millions of old Montgomery Ward catalogs out there; they'd better get cracking rounding them up and arresting the owners. Is it a Snark or a Boojum?

      The real honest-to-Satan kiddie porn dealers (I assert) don't sit around posting their wares on the Usenet like some 13 year old. They are a different breed than geeks. They use face-to-face and have a lot of layers of cover. They sure as hell don't distribute on public networks.

      Kiddie porn and terrorists, the commies of the 2000's. Used to the same purpose by the power-mad.

  152. Mod me back down. Error in post. by Valdrax · · Score: 1

    Copyright law doesn't care if you independently produce exactly the same work as somebody [...]

    This part of my post is incorrect. I think what I meant to say was that pretending to independently reproduce the same work doesn't matter, but the first part of this sentence is nonsense as written.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  153. Re:Psst. Copyright doesn't work like that! by raftpeople · · Score: 1

    Not sure what religion has to do with this economics question.

    So I repeat my question: Do you have an alternate proposal for incentivizing content creators?

    If not, do you believe that software/books/movies/songs/etc. will be created by individuals for no compensation? Or by companies for no compensation? I am really curious what economic model proponents of no-IP have in mind.

  154. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 2, Interesting

    So your concern of privatising the entire integer space isn't really valid

    The thing is, with the right archiving algorithm, you could encrypt a given piece of data into any integer desired. For instance, XOR an MS Office zip against a tar file of the linux kernel. Take the output and go to the judge and ask for a Cease and Desist order, on the grounds that the kernel tar is in fact a representation of MS Office.

    You'd need to be a bit more subtle than that, but I expect you make a reasonably convincing spoof encryption program without too much effort. You probably wouldn't go after something with such a solid provenance as the kernel, either, but you could probably shut down a lot of smaller legitimate online distributors.

    --
    Don't let THEM immanentize the Eschaton!
  155. Good thing - protects the "man in the middle" by OutOnARock · · Score: 1



    Take a deep breath....relax....and understand what this is really for....

    This is not to protect the person who uploads whatever copyrighted whatever to the brighnet....

    This is not to protect the person who downloads whatever from the brightnet and does whatever to take their download and re-create whatever copyrighted whatever.....

    THIS IS to protect the person who RUNS a brighnet node to distribute LEGALLY allowed content. When bad luck and trouble bring investigators to this person's hard disk, he is innocent.
    If they cannot find they URL key, if I RTFA correctly, to take the random blocks and create the whatever copyrighted whtatever, brightnet admin is innocent.

    Be it Britney Spears or kiddie porn....wait, was I redundant here?

  156. Re:Psst. Copyright doesn't work like that! by jdschulteis · · Score: 1

    Why sue everyone in the network? Just obtain a copy of the work via OFF and sue everyone that served up a block used in that copy. Repeat as necessary.

    Do you really think "I just served some blocks of data that aren't part of any particular file, I had no idea what the person who downloaded them would use them for" is going to persuade a jury? How about after the plaintiff points out that OFF has no substantial non-infringing use? (It transfers three times as much data as is necessary when copying a freely-licensed work.)

  157. Intelligence nightmare by Anonymous Coward · · Score: 0

    This must be an intelligence officer's greatest nightmare.

    Setup the system so that it uses images from google images or some other image source to store secret instructions and there you go. Forget about modifying an image or audio file, just use some random existing data.

    1. Re:Intelligence nightmare by Catbeller · · Score: 1

      Or they could just mail it in an envelope. Over seven years and counting, no anthrax mailer arrests. Or order a pizza with extra anchovies, or *not* call the contact between 12 AM and 2 AM on the 13th, or simply visit the contact's home and tell them. BTW, the last is how al Qaeda operates. They don't use any communications but face-to-face. Works a treat.

      K.I.S.S.

  158. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 1

    Binary data can only represent discrete values.

    So can neuronal discharges. Neurons in our brains can only be in one of two electrical states: firing and idle.

    As such, a digital recording of a record, or a digitised photograph is only a representation.

    Information is by definition a "representation". Image of a building, a concept of a building are not the same as the photons bouncing off a building nor the concrete and steel itself. And by the very nature information is mathematically convertible to binary format (with an arbitrary loss of precision).

    The fact that we can represent it in this way does not mean that this representation is what we have copyrighted.

    In order to be detectable in this Universe, information must be "represented" in some way, be it in dimples on a CD or as electron discharges in your brain or configurations of proteins in your synapses. Furthermore, all abstract concepts are, by definition, mutually equivalent with numbers. Every single one. That is one of the fundamental properties of information. And every number can be represented in base of 2.

    In legal circles, there isn't any concept of "divinely defined".

    Anything contradicting science (and logic or mathematics in particular) is by definition arbitrary bullshit pulled out of lawyers asses.

    Typically they use the "reasonable person" test.

    A few centuries back any "reasonable person" would tell you that one can test women for witchcraft by submerging them in a sack until they die. If they float, they are witches...

    Even though mathematically, an mp3 and an analogue recording of the same song are very different, a reasonable person, when it is explained how these recordings are typically used, would conclude that they are the same tune.

    See above. That is why lawyers, judges and politicians so regularly turn out to be brain-dead jackasses. They simply have no idea about the things they try to decide on.

    Information is a scientific, not legal, concept and it has specific properties and attributes that govern its behavior. No amount of silk-suited morons will alter these properties nor the nature of information, no matter how many brown envelopes change hands and no matter how many "reasonable people" get to express their ignorant superstitions.

  159. Deletion? by Anonymous Coward · · Score: 0

    It seems to me that there's no way to ever delete anything, as it is all intertwined with other people's data/other data.... is this correct?

  160. Re:Psst. Copyright doesn't work like that! by raftpeople · · Score: 1

    There, fixed it for you. Since the evidence for existence of Allah is pretty much on the same level as that for the so-called "Intellectual Property" (i.e. the concept of 'ownership' of large integer numbers and the like) and the relationship between such belief and laws passed based on it is strikingly similar


    Not really. IP is a mechanism created by society for a specific economic reason: to encourage the investment of time and money in production of non-physical products because it is assumed, as a society, we would prefer to have those products than not have those products.

    A question I keep asking, but no answer yet: Do you have an alternate economic model that will still result in the creation of products most affected by IP (software, movies, songs, books, etc.)?

    Would an author still spend a year or two creating a book if there there were no copyright laws allowing him/her to make money? Maybe it's possible, but I haven't heard any kind of explanation yet as to how it might work.

  161. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 2, Insightful

    Words can be exchanged for ones of sufficiently close meaning, the edges of a picture cropped, sections of a tune repeated and so on in ways which do not significantly change the information a human would extract, but which would defeat a simple binary comparison.

    All of those are examples of binary data and mathematical manipulation of thereof. Picture can be represented, to an arbitrary degree of precision, as binary data. The operation of "cropping" is a mathematical transform on such. Repetition is a mathematical transform. Words are equivalent to numbers. "Close meaning" is a concept representable by numbers (a pair of concepts in a table with a number indicating "cloeseness" between them). Etc. Information and numbers (and thus binary numbers) are one and the same. Furthermore, the information inside human brain is represented in a form of electrical discharges and chemical states, all of which are equivalent to numbers. There is no escape from this. All information and numbers are interchangeable. This is one of the fundamental properties of information.

    While we can represent information as binary data, we just don't know how to represent the nuances of human interpretation as mathematical operators on binary data.

    All of these are already numbers (represented by electrical discharges and protein assemblies). That is what information is.

    That's not a failing of copyright law, but of mathematics and biology.

    No it is not. Science has dealt with this long ago, whole scientific theories were developed and tested dealing with properties of information and its transmission. It is the brain-dead lawyers and politicians who refuse to listen, primarily because this scientific knowledge gets in the way of Lord Greed. And we all know that Greed will trump science every time.

  162. Doesn't matter by RWerp · · Score: 1

    A way will be found to make it illegal.

    --
    "Long run is a misleading guide to current affairs. In the long run we are all dead." (John Maynard Keynes)
  163. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 1

    Just ignoring the law and breaking it doesn't make you a fearless defender of freedom. It just makes you a criminal.

    All "fearless defenders of freedom" are always criminals in the eyes of their respective tyrants. Period.

    Only if, through your actions, you actually hope to effect real change, can you justify them using your thesis.

    As history teaches us, there usually is no other way. Being a "criminal" comes with the territory as your foes in power are certain to label you this way, particularly when you threaten their massive wealth and power with your actions.

  164. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 1

    However, smoking dope in public doesn't get the law changed - it gets me a £50 fine

    Only if this is you doing it by your lone self. Now try 100000 people smoking at the same time and see what happens.

    I've spent my time on the barricades, unlike the politically apathetic students of today but, with age comes a certain amount of prudence and I know I have to temper my personal beliefs with those of society at large.

    That is called "submission" and is the most basic mechanism by which the power elites get to rule, in whatever political system. Once you have a comfortable house, a car, kids and all sorts of things "to lose", your begin to make "compromises" designed to keep your comforts at the expense of "small concessions" in your personal beliefs and general "prudence". And before you know it, you have traded all your principles for a comfy couch in front of a flickering idiot box. Congratulations.

  165. Oh, like FreeNet's suddenly legal or something... by Valdrax · · Score: 1

    The fact is, there is no such thing as "a computer solution to a law problem".

    And that's what BrightNet attempts to be.

    If I'm on BrightNetP2P and upload Random Chunk "KLM" from multi-gigabyte Random Block "ABCD...XYZ", what have I done that is illegal? And how is that any different from Freenet? In both cases the uploader has complete deniability about what "KLM" is going to be used for.

    You've uploaded a portion of a copyrighted work (for a purpose that isn't covered by fair use). There's your illegal act. Nothing FreeNet or BrightNet do make this more legal -- just harder to catch and prove in the case of FreeNet.

    If I'm on BrightNetP2P and I download Random Chunk "KLM" from multi-gigabyte Random Block "ABCD...XYZ", what have I done that is illegal? And short of searching my computer, how are you going to prove I've infringed on anything at all? And speaking of searching computers, what part of my BrightNetP2P traffic would give you probable cause to do so?

    In order:

    1. You illegally downloaded an illegally created derivative work. You are separately liable for the derivative work and for the fully assembled file if you get that.
    2. Simple. Download a file you own the copyright to and track which machines send you chunks.
    3. All and none. Probable cause requires a reasonable suspicion that a crime has been committed. Since you have no possible way of determining what files are on your machine or even of preventing copyrighted files from being on your machine, suspicion is there. However, since criminal (and not civil) copyright requires willful infringement, there's no crime to have probable cause for for a warrant. On the other hand, civil discovery is another matter entirely, and your machine can be the subject of discovery.
      However, this is all a red herring since the data chunk might not be there anymore. The real evidence will come from downloading it from you.

    The only issue with their proposed system is in distributing the URL and there are ways to robustly and anonymously do that (a Freenet-esque overlay comes to mind).

    That sort of goes against the whole "open and bright" thing they have going. Basically, all they have is FreeNet - Anonymity + "Chunked" Files. They seem to think that chopping up the files makes copyright go away. It doesn't.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  166. That would be an astromonical coincidence. by Valdrax · · Score: 1

    RIAA: Judge this scum infringed on our copyright, see we downloaded this file and part of it came from him so make him give us all of his money.
    Mr. Smith: Actually Judge, the piece that they downloaded from me also maps to countless other files.

    Mr Smith hands a list of URLs containing a bunch of non-copyrighted files containing that piece somewhere in the URL.

    Did you miss the part where the blocks are 128 KiB in size? Just how many files do you think share the same, exact 128 KiB block (especially when the blocks are likely to be divided evenly starting from byte 0)? (Considering that there are 2 ^ 131,072 possible "numbers" for each block to represent.)

    I think the "preponderance of the evidence" points to civil liability.

    Even if the blocks were that universal, then by downloading the URL, all you've done is download a fancily compressed version of the file. It's not like you can get away with just putting an MP3 in a ZIP file and say it's no longer infringing.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:That would be an astromonical coincidence. by Klaus_1250 · · Score: 1

      See http://offsystem.sourceforge.net/en_technology.html . The 128kB blocks are not "unique". Nor is data fancily compressed. You can use a block for a holiday picture, it could also be used for an mp3. It all depends on the URL. If I store a copyrighted file on OFF (say a legally purchased mp3) and I keep the URL to myself, noone will actually know (nor can they see) that I actually stored that mp3 on OFF. Even though I stored it on a Distributed File System, by keeping the URL to myself, I did not distribute the mp3 (noone can download the mp3 without the URL).

      --
      It only takes one man to change the Wisdom of the Crowd to Tyranny of the Masses.
  167. Re:Psst. Copyright doesn't work like that! by domatic · · Score: 1

    You're dead right. What is interesting is that if you're "caught" with some of these random blocks on your disk, they're just random blocks of data. You can't decode them unless you have the key, hence there's no charge of copyright infringement.

    Under this system, anyone distributing URLs necessary to reconstruct a Britney Spears tune is definitely violating copyright. I also think that anyone holding any of the pieces referred to by those URLs could also get in trouble. It would matter little if the blocks got on your machine due to someone uploading some Creative Commons content. If one or two them also can also be used to reconstruct the Britney tune then some lawyer will make hay of it.

  168. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 1

    IP is a mechanism created by society for a specific economic reason: to encourage the investment of time and money in production of non-physical products because it is assumed, as a society, we would prefer to have those products than not have those products.

    Except that this "mechanism" contradicts in a wholesale manner the scientifically testable properties of information, which it is supposed to somehow govern. As such it is an exact equivalent of a fundamentalist religion in which a "holy book" takes precedence over all scientific discovery.

    Do you have an alternate economic model that will still result in the creation of products most affected by IP (software, movies, songs, books, etc.)?

    First of all, an "alternate economic model" is not a requirement in demonstrating the anti-scientific nature of "Intellectual Property". If your business depends on people pretending that gravity does not exist, my demonstrating that it does (and by doing so depriving you of income) is not dependent on me finding you some other way to make money! It is your problem! After all it was you who were operating a scam based on falsehoods.

    I can however point out an alternative: an updated for the Information Age patronage system. This is in fact what many independent artists do already: they depend on direct electronic donations from their fans from all over the globe. If promotion of arts and sciences was indeed the goal, one could set up a myriad of private, non-profit and governmental foundations, direct donation systems and so on, complete with methods of electronic public participation in allocation of these funds to specific artists. This not only solves the problem of paying the artists (and scientists) it does so without attempting to contradict the scientific properties of information. Of course under such system a mega-corporation would not be able to manufacture a random blond ditz into a "pop star" in order to profit from such a "product". And that is the main reason why this fight against science is on.

    Would an author still spend a year or two creating a book if there there were no copyright laws allowing him/her to make money? Maybe it's possible, but I haven't heard any kind of explanation yet as to how it might work.

    See above. All art developed prior to 18th century was created in the world without copyright. Only someone blinded by an ideology of greed would deny that the bulk of what we call "art" today existed before the assembly line "art" model was invented.

  169. corrupted by Anonymous Coward · · Score: 0

    I'm going to set up a server that responses to any 'requests' for blocks with 128k of random noise. It should cause arbitrary data loss for those recovering files, and unrecoverable encryption for those adding files. It'll be particularly disastrous if the block is a directory block :)

    Meanwhile, this system might be a way of cataloging all of the possible SHA hashes for some nefarious purpose.

  170. I see now. Still not good. by Valdrax · · Score: 1

    No. The bits have no meaning. They are isolated random blocks of data, which have no meaning by themselves. Theoretically speaking, a random block of data could infringe in the same way a bunch of monkeys with type-writers might accidentally produce a text that infringes on copyright.

    ....Riiiiight....

    As with the other respondent, you seem to have missed the fact that these "random" blocks of data are 128 KiB in size. There's only a 1 in 2 ^ 131,072 chance that a random chunk of data matches the particular one you want.

    The filesystem cannot truly exist as a source of "random data" because the storage requirement for every single possible 128 KiB chunk of data are enormous. ...Or so I thought. I now realize, that that just requires 16 GB to cover every single possible 128 KiB chunk.

    In that case, the entire network operation side of this is pointless.

    It isn't a randomized block encryption. It is a storage space for random blocks of data. The random blocks of data carry no meaning and have no special significance. They are just random neutral blocks of data. What gives them meaning is the URL, which combines various blocks of random to become something with meaning.

    If the blocks just exist "out there," then all you've done is encrypt the data in the URL, making the URL just as much a derivative work as an MP3 in a ZIP file. Just because you have to go through an extra step to retrieve the data doesn't make the file any less infringing, and all the information you need to do so is in the URL. All you need is your fancy BrightNet decoder ring.

    (Note that the URL will always have to be at least the same size as the original file. You can't find 1 in 2^n chunks containing your n bytes of data without a n-byte key.)

    So, you're right. Downloading the chunks doesn't seem all that effective of a way to deal with the copyright infringement. Instead, treating the URL as a derivative work and going after anyone who shares it is the best option.

    This confuses me. P2P has substantial non infringing uses, that people don't use it that way, well you can't blame the technology or a service provider for that.

    You don't understand what the courts mean by substantial. It doesn't mean that the distinct possibility exists that someone, somewhere might not be using a product for ill purposes. It means that a significant use (arguably the main use) of a product in noninfringing, like with the VCR.

    Grokster was not such a product. The vast majority of traffic on Grokster was infringing material, and Grokster, Inc. encouraged the use of the product for infringement. Similarly, while this product could be used as a bizarre (and network wasteful) form of encryption (that's universally breakable by anyone using BrightNet), it's obvious declared intent is to void copyright law and to encourage infringement. There is, in fact, no use for this product (given its wasteful use of the network to download a single file in twice the number of bytes) except to avoid the law.

    Judges aren't idiots. They aren't going to rule that the law is impotent in the face of some fancy shuffling method.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  171. Probability was off. by Valdrax · · Score: 1

    I gauged wrong the improbability of having the right sized chunk. You only need 16 GiB of data to represent all possible chunks.

    That makes this nothing but a fancy, 128 KiB key decoder-ring style "encryption" scheme for the data. All you're doing is saying is that A -> D (on some other system), B -> X (on some other system), etc.

    You didn't actually "store" anything. You just took a 5 MiB MP3 file and replaced it with a 5 MiB URL, which is just as much a derivative work as the original file. Sorry, ZIPing or RSA encrypting an MP3 file doesn't output a noninfringing file anymore than BrightNet does.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:Probability was off. by Katmando911 · · Score: 1

      Exactly, the person storing the blocks isn't the one infringing. It's the person distributing the URL which is much harder to trace. Think of the file being a message, each person might store a single letter but that is just a small part of the message and in this case wouldn't be subject to copyright. (Or it would be subject to everyone's copyright that used that letter. Now that would get interesting) See Microsoft Patents Ones, Zeroes http://www.theonion.com/content/node/29130

    2. Re:Probability was off. by malaire · · Score: 1

      > I gauged wrong the improbability of having the right sized chunk.
      > You only need 16 GiB of data to represent all possible chunks.

      Actually there are 256^131072 different 128KiB chunks, so to represent all possible chunks you would need 128*256^131072 KiB of data which is much more than all computers in the world could store, combined.

  172. If your harddrive is encrypted? by Anonymous Coward · · Score: 0


    Then what do they know abut whats on your harddrive?

  173. done before by Anonymous Coward · · Score: 0

    This was done long before, by Tangler and
    Dagster.

  174. Re:Psst. Copyright doesn't work like that! by znerk · · Score: 1

    Not sure what religion has to do with this economics question.

    Then you didn't read my post. I was pointing out the flaw in your argument, where you said that Imaginary Property was something that we made up, and so it did not need to be "believed in" in order to be considered real. In case I didn't make myself clear:

    I disagree.

    As for your questions...

    Do you have an alternate proposal for incentivizing content creators?

    If not, do you believe that software/books/movies/songs/etc. will be created by individuals for no compensation? Or by companies for no compensation?

    When I was growing up, artists and musicians did what they did for the love of the music/art. Metallica went on MTV and said they would never make a music video because they "weren't in it for the money." Now they've alienated their fanbase by suing them for giving away their music, and they're pissed off about the lack of money in the equation. Nevermind that they went on TV in front of millions of people and lied. Seems to me that the artists need to figure out which way they're trying to be, and stick to it once they've chosen. This, of course, is just anecdotal evidence and meandering ranting, and is also totally off topic. Get off my lawn!

    Back to the issue at hand.

    Yes, I have an "alternate proposal" for "incentivizing content creators". I like to call it "cut out the middlemen who do no work, maximize your profits without raking your customers over the coals, and stop pinching everyone's wallets while whining about how you don't make any money because you only get 1% of the profit of each CD sold". It involves content creators posting their content for the world to enjoy, and asking for (non-specific amounts of) money.
    (As an aside, I'm typically insulted when people tell me I have to donate a specific amount of money. If I want to give you 50 cents for a single song, I should be able to. Don't tell me I have to give you $5 and take the whole disk!)

    If this "economic model" seems surprising to you, then it would seem I need to point out to you that several big names are already doing it, as you can see with a little googling on the subject. To get you started, allow me to offer the following as potential search terms:
    "Nine Inch Nails", "Radiohead", "donation", "free music"
    It may interest you to learn that the results from these attempts have been successful (or at least, that's what I read). You may also be interested in Jonathan Coulton, who seems to be making quite a decent living by giving his stuff away for free.

    Despite answering in the affirmative (and with proof!) and thus excusing myself from the "bonus questions", I will continue in this monologue, answering your second and third questions, too. Please note that the emphasis is mine.

    The answers are simple and undeniable. Yes, I believe that software, books, movies, songs, etc. are being created by individuals for no direct financial compensation. Yes, I believe that software, books, movies, songs, etc. are being created by companies for no direct financial compensation. As proof, I offer up open source software (Linux, for example; The Apache Software Foundation, for another), free books (check out the Baen Free Library, or Project Gutenberg), free movies, free music, and the beginnings of an economic model that depends on having products and services that have more than just a financial value to the consumers and producers... which raises the questio

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
  175. Missing the point? by ducwad · · Score: 1

    Unless I'm mistaken I think there's something else going on here that may be getting lost in this copyright noise. What if instead of looking at this as a method for illegally trafficking in copyrighted material one looks at more like a backup system?

    If I take my legally owned MP3's and place them into OFF as a safeguard against my machine crashing and losing that data am I violating a copyright? Assume that I don't share the magic URLs. Haven't I then just simply made one copy of the file that is now stored in the cloud?
    Now my laptop falls off the back of my motorcycle on the way home from the office. It goes bouncing down the freeway finally getting hammered by a bus. Total loss. Can't I now retrieve all my MP3s by simply accessing the URLs that I created (and hopefully stored somewhere else!).

    Have I reduced my personal backup storage requirements by keeping URLs instead of the original data? Have I increased my chances of getting my data back because it is no longer stored in a finite number of places ( 10 ) that are arguably less geographically dispersed than the OFF system?

  176. Re:Psst. Copyright doesn't work like that! by 91degrees · · Score: 1

    Okay. As far as obfuscating the concept of who's actually doing the infringing goes, I can see this working. I just got the impression from reading this that they thought this would be entirely legal rather than generally legal in concept, and making it hard to enforce copyright laws.

  177. Excellent legal idea by rpp3po · · Score: 1

    This is a very clever separation of concerns. You put the burden of mass bulk traffic onto the shoulders of a huge crowd covered by bullet proof plausible deniability. But the actual acts of infringement - the provision of copyrighted material (through URLs) - can be delivered from low bandwidth servers in banana states.

  178. Yes and no by davidwr · · Score: 1

    It gives you a way to transfer copyrighted materials to other authorized users if you are authorized to do so.

    But why bother with something so convoluted? If I'm authorized to distribute file X to 3 of my friends, I can just upload it to a password-protected web site and give them the password. The hosting provider is off the hook since I'm authorized to distribute the material to the 3 people who have authorized access to it.

    With respect to copyright, it's a nice thought exercise but of little practical use.

    Systems like this have practical uses when it comes to distributing material where it is dangerous or illegal to distribute the material but where those causing the danger or illegality are acting immorally, such as disseminating information to fight a despotic government or blowing the whistle on corporate malfeasance.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  179. Re:Psst. Copyright doesn't work like that! by Anonymous Coward · · Score: 0

    Unfortunately, the soon-to-be president is secretly a Muslim.

  180. It's not encryption by znerk · · Score: 2, Interesting

    From what I am reading (I know, WTF am I doing actually R'ing TFA?), this isn't encryption in any sense of the word. It's hash comparison using random data. The blocks of data are not, in any way, related to the "stored" data. From what I can understand, a hash is generated using XOR against a random file block, based on some portion of the file you are "uploading". These blocks are then stored all over the place, and reused if they match someone else's (and it would seem they must, eventually... 128k is not an overwhelmingly huge address space). Each "node" (storage place) has its own unique identifier, and the blocks stored on it are referenced by other nodes to "store" the "inserted" data in the OFF.

    From what I'm reading, this is either a really cool method of using up all those extra few gigs of space on everyone's hard drives (although "inserted" files triple in size, according to the wiki) which has nothing to do with copyright stuff (assuming you're not sharing the locator info), or this is just one more hoop to jump through in an attempt to keep the MAFIA (Movie And Film Industries of America) from noticing that your Brittney Spears collection is growing again. If the former, it's less than ideal. If the latter... well, at least Deep Packet Inspection (is that like a colonscopy for data?) won't be able to tell that you're pulling down mixes of "Oops I did it again" again. And, as other posters have stated... if you can show that the data you downloaded is actually a linux ISO and a video of you playing with your new dog in your own back yard, why does it matter that you can also convert it into a copy of that new blockbuster movie?

    Obfuscation of a ubiquitous behavior seems like a poor solution, too.
    If the majority of people are doing it, why is it still a legal issue?

    On the other hand, the wiki has this bit about how game patches could be distributed using just a little more bandwidth than the executable itself. I'm wondering if that's per download, or if it's a one-time bandwidth chunk.

    In summary, the concept of a global network of data storage is pretty neat, but I think we will find in the end that this particular implementation is flawed... assuming it doesn't turn out to be just a hack to hide illegal activites from the authorities. Paradigm-changing new tech I'm interested in. Arms race, not so much. Fight copyright, not enforcement.

    --
    This work is licensed under a Creative Commons Attribution 3.0 Unported License.
    1. Re:It's not encryption by ancientt · · Score: 1

      Leaving aside the technical failings for the moment to get to the point of this response, let me say that there might be merit in fighting the copyright laws in this manner. I for one do not want to face the penalties of copyright infringement so I avoid p2p systems except for legal purposes. At the same time, I hope that enough people flouting the law will make it unenforcible and eventually lead to a change in the law that would benefit me. Totally selfish, I know.

      If such a system were designed that would allow me to legally help those infringing on copyright at no cost to myself other than a couple gigabytes of unused space, then I would be glad to participate. I don't like the smell of this system because it sounds like I would be reasonably considered guilty of assisting in copyright infringement, but if it were somehow to become a generally useful system where only a small unidentifiable part were used for infringement, then it might become useful enough to participate without legal consequences to myself, but still help in the momentum of change that would lead to changes in law.

      That seems kind of vague, so despite the problems with hypothetical simple situations, I'll offer one:
      OFF becomes widely popular for use as a second grade backup system allowing huge amounts of data to be backed up at very little storage cost. A contribution of 3GB reliable space yields 3TB of dependable backup space. Millions of people use it as easily as they use the Internet and for the vast majority, completely legally. The fraction of the people using it illegally are still too large a base to effectively prosecute and the system so used for legal purposes it would be unreasonable to terminate it. Momentum builds and it is eventually as unreasonable to shut down the system as it would be now to shut down the Internet due to those abusing it. Much like the Internet itself, it would force changes in business models and laws that would be beneficial to myself and society in general due in part to illegal activity which everyone using the system contributes to, but are mostly not responsible for.

      *Sigh* yeah, it is a nice dream but I fear the technical failings left aside previously will prevent such a shift. Still, I hope this gives others the ideas and pieces of code necessary to get started on a real solution.

      --
      B) Eliminate all the stupid users. This is frowned upon by society.
  181. duh by spazdor · · Score: 1

    On the third computer.

    --
    DRM: Terminator crops for your mind!
  182. Re:Psst. Copyright doesn't work like that! by raftpeople · · Score: 1

    Except that this "mechanism" contradicts in a wholesale manner the scientifically testable properties of information, which it is supposed to somehow govern. As such it is an exact equivalent of a fundamentalist religion in which a "holy book" takes precedence over all scientific discovery.


    Your arguments are more effective if they stay on-topic. We are talking about economics, not science and not religion. We are talking about made up societal "contracts", thats all.

    If your business depends on people pretending that gravity does not exist, my demonstrating that it does (and by doing so depriving you of income) is not dependent on me finding you some other way to make money! It is your problem! After all it was you who were operating a scam based on falsehoods.


    It wasn't a person operating a scam, it was a society that agreed the pros and cons of one economic model relating to specific transactions were more favorable to society as a whole than the other alternatives. Something you may not realize is that there really are no absolute rights, we created all of them. The only things preventing me from taking your computer are our laws/enforcement, and the possibility that you might be bigger than me. Whether it's physical property or any other manner of economic interaction, the only reason we have any rules is because we made them up.

    I can however point out an alternative: an updated for the Information Age patronage system. This is in fact what many independent artists do already: they depend on direct electronic donations from their fans from all over the globe. If promotion of arts and sciences was indeed the goal, one could set up a myriad of private, non-profit and governmental foundations, direct donation systems and so on, complete with methods of electronic public participation in allocation of these funds to specific artists. This not only solves the problem of paying the artists (and scientists) it does so without attempting to contradict the scientific properties of information. Of course under such system a mega-corporation would not be able to manufacture a random blond ditz into a "pop star" in order to profit from such a "product". And that is the main reason why this fight against science is on.


    Excellent, now we are on-topic with an alternate model. It seems like a very real problem with this model would be people copying others work and claiming they created it and then diverting donations to the person that copied the work. I can easily imagine a person/groups/companies being very effective at copying and advertising their "new" works and thus starving the actual artists of funds. Do you agree that this would be a natural outcome of that system or do you see inherent protections that would prevent it?

  183. huh? by Uzik2 · · Score: 1

    All those words and no content.

    Is this from a random number generator hooked to a dictionary?

    --
    -- Programming with boost is like building a house with lego. It's a cool but I wouldn't want to live in it
  184. Reductionism vs the law by Loki+P · · Score: 3, Interesting
    The OFF argument is akin to this: take a copyrighted work, let's say it's a novel. Cut it in half. Is that half still under copyright? Yes. OK, cut it half again, and again, and again. At some point you'll get down to individual words, letters, or single bits. These do not have copyright in themselves, and so can be joined together with other words, letters or bits from other places and stored in 128K chunks which likewise don't themselves have any copyright. These chunks can then be distributed because they are just random-looking chunks of data.

    The problem with this argument is it's reductionist. If you blend up 5 copyrighted works and pour them into 10 shot-glasses (the network), sure you can claim each individual shot-glass doesn't fall under the same copyright of any single one of the original works. But since you can extract each of the 5 original works from the collective set of the 10 shot-glasses, then the network as a whole does contain the copyrighted works, and does fall under copyright protection. In a sense, they have smeared each copyright out over many (possibly overlapping) chunks, but it's still there because the originals can still be retrieved. Banning the whole network seems a possible legal outcome, since non-infringing uses may still involve moving chunks which contain a partial copyright.

    As much as the creators of OFF might claim their work is different to a darknet, actually it relies on very similar principles of obfuscation.

    1. Re:Reductionism vs the law by BronsCon · · Score: 2, Interesting

      So, then, since a (good) dictionary contains all of the words in a language, it is violating the copyright of each and every creative work done in that language?

      By your logic, it would seem so. I can recreate all of the works of Shakespear from a single Webster's Dictionary.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
    2. Re:Reductionism vs the law by Loki+P · · Score: 1
      I included the keys themselves in the concept of the network (as many other posts have pointed out, you need that information to reconstruct the originals).

      The dictionary (well, a word list) is an interesting case, because it may not contain enough information, although it contains all the requisite components. If you want to take the dictionary as an example, you might as well reduce it even further to just this: 0 and 1. Does that set contain as much information as The Lord of the Rings? No. You can't compress LotR down to just the set {0,1} and still retrieve it, without effectively encoding LotR into the decompression algorithm itself. {0,1} just doesn't have enough info.

      By comparison, the brightnet network as a whole (including the keys needed to retrieve the broken pieces) includes sufficient information to encode the original encoded works. It's like compression: you can keep gzipping a file as long as you like, but at some point you won't be able to make it any smaller. You've reached a kind of limit of how much information is needed to encode the original. (Admittedly that's only gzip's limit, not the theoretical limit, but I think there must be a theoretical limit for any given data set you wish to compress.) A simple word list would be smaller than the theoretical minimum size of compressing certain works. The brightnet idea is just splitting the data up in a clever way so that it gets smeared around, it doesn't actually reduce the data to merely a word list (which might actually throw away information).

      By the way, I'm not advocating a law court find OFF to be illegal, I'm just speculating that could be a result of the inability by the powers that be to monitor or control such a network. And a vector of attack could be that the copyright has been smeared around so that no chunk transmitted through the network can be said to be "clean". Even if you did transmit a dictionary through that network, it could be said to infringe LotR, not because they both contain the word "king", but because the dictionary is a component of a machine which infringes that and many other copyrights. In essence, my argument is that by making data/copyright non-local to single packets, OFF has made the entire system the only thing which can be attacked because every packet in it infringes to a small degree. This is either very clever, or very stupid, I'm not sure which.

    3. Re:Reductionism vs the law by BronsCon · · Score: 1

      But, see, the shot glasses in your analogy only contain the 5 scrambled works, with no keys whatsoever. In fact, at no point in your post do you mention the keys, or even allude to their existence.

      Admittedly, for your logic to be valid, the keys must exist. Ironically, there was no eleventh shot glass, full of keys.

      You reply clears that up. However, it also takes a completely different logical path to get to the same conclusion. At least, in your reply, you don't need a teleport to get from the end of the path to your conclusion.

      --
      APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  185. Re:Psst. Copyright doesn't work like that! by raftpeople · · Score: 1

    Then you didn't read my post. I was pointing out the flaw in your argument, where you said that Imaginary Property was something that we made up, and so it did not need to be "believed in" in order to be considered real. In case I didn't make myself clear: I disagree.


    My point was not that it should be considered real. My point was that real/imaginary is not even part of the discussion. This is all about made up rules relating to economic transactions. Things you may consider real property also have rules we made up.

    Alternate Model - Donations
    Could work, but I strongly suspect people will take advantage of this type of model and merely copy some artists work, pass it off as their own and divert funds. People engaged in this behavior would probably be faster/stronger than the artists, using money to advertise their "new" works, constantly scanning the internet, etc. Without any IP laws to prevent this, how would you prevent it?

    Examples of Current No-Direct-Compensation
    Something to keep in mind regarding OSS is that much development is paid for by comapnies like IBM, etc., and their reasons are typically to help them make money in areas protected by IP. If the laws on IP were eliminated today, do you think we would see this same level of investment in OSS by these companies? I don't think we would. While I see the examples you have given of individuals and companies creating products for no-direct-compensation, I have a hard time picturing a large scale economy where so much is donation based. I think people in general will try to get away with what they can, meaning no or small donations, which I believe will leave the artists, etc. without enough income to exist.

    why you are so fixated on the dollar, instead of the community
    Because the dollar buys the artist (or other IP related fields) food, house and allows him/her to raise a family. It's not a fixation, it's merely a mechanism. While it would be nice to have a society where information is freely shared and each persons work can quickly build on anothers, I believe that competition is also a critical factor in advancement. People are motivated by the dollar which drives activity (to a degree). I don't think you can stray too far from competition and keep people motivated, and capitalism appears to be the best vehicle for economic competition. If there was another vehicle to drive competition then maybe community could be the primary focus, but I'm not sure what that would look like.

  186. Re:Encryption kicks kittens by ancientt · · Score: 1

    I like to kick puppies and throw water balloons at cats. Not really, but voicing an opinion in this particular thread is likely to get me the same sort of reputation. Heck with it, I'll do it any way.

    Rary and ShieldW0lf, you both have a point. Distribution of binaries without source code, particularly without ever providing source code to any oversight body, is dangerous. The tetris clone for example, might contain vulnerabilities or outright malicious code to zombify recipient machines. Without oversight, even a benign and well coded version might be replaced with a malicious one and (without oversight remember) be used as a vehicle to inflict even more of that greatest evil (which is spam) on the world at large. Yet the coder of the benign tetris binary doesn't have ill intent nor any reason to be held to the same standards as a pharmaceutical company.

    The answer lies somewhere in the middle ground, or "common sense" as it is sometimes termed. It isn't the distribution of closed source binaries that is particularly dangerous but rather the same without reasonable oversight. The answer is to provide a central repository, somewhat like or even an extension of the Library of Congress. We tack on a new source code oversight branch to some other government bureaucracy (as legislators are fond of doing) which is responsible for reviewing and rating the safety and suitability of purpose for each closed source binary released. Releasing a binary without providing source to the central authority would be a crime, perhaps a misdemeanor for non-malicious intent, and code which has not received a review yet but has been submitted, must be clearly described as unreviewed and potentially dangerous. (As a smoker let me tell you, de government likey de label laws.) Fines increase in proportion to potential damage of an unregistered binary.

    Meanwhile, source code may be released or not as deemed desirable by the original author, but open source code is given a tax break for all revenue generated by the distribution, since it is a charitable donation to society (no tax break for related services, that would set up potential reward for poor programming.)

    Everybody wins! Well, except for the tax payers who are used to being hosed over anyway. We can perhaps justify it by saying there will be an economical compensation with more safe code and better reviewed publicly used software. "We" as used here, being the politicians who get lobbied to pass such legislation since they will need some rationalization regardless of whether or not it is actually rational.

    Oh yeah, only individuals may own the right to closed source code and it is open sourced at their death. If your code is really good, your life insurance rates will skyrocket until you release it.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  187. Not quite Encryption, not quite Good either by ancientt · · Score: 2, Interesting

    Maybe, maybe not. It sounds like somebody was thinking about removing duplicate data from file systems in a significant way. They appear to have gotten side tracked by this idea of avoiding responsibility for copyright infringement, but the original concept is interesting. At least what I hope was the original concept.

    Lets pretend I know the original concept, as I suspect I do, due to convergent thought processes. Essentially it is this, you get a large number of people to store chunks of indexed data and as more and more people add to the list, you remove duplicate entries beyond what is required for resiliency. For a couple thousand files, there is no significant improvement over regular existing compression algorithms, but over hundreds of millions, perhaps a couple billion, you end up with needing very little additional storage for your entire library of files. You can do backups of your entire system requiring additional storage of perhaps a couple hundred megabytes. Data is compressed on the end blocks with traditional algorithms, decompressed on the fly.

    There are two problems with the implementation as I read it. First, they are randomizing the data rather than the distribution alone. I should be able to fearlessly store a couple gigabytes for anonymous users since I am gaining from the service a distributed resilient and redundant file system. However, the savings in storage are negated since two copies of the same file with different origins would have different (essentially encrypted) segments requiring double the storage of unencrypted versions.

    Second, the system described in the only page I read doesn't adequately deal with data collisions. I'd be happy to make backups onto such a system if it were dependable, but leaving aside the nature of a voluntary anonymous Internet system, the possibility of data corruption would cut my desire down to practically nil.

    Yes nitpickers, I do know that it isn't really encryption, but it is like enough for the purposes of my point. As to technical merits, I've done it at file level backups and it was hugely significant and reliable, I did md5.sha1 which was good enough for my purposes, but add more as fits your personal paranoia level. I was explaining my closest theory on a method that does almost this to coworkers complete with mysql database and whiteboard two weeks ago, i.e. convergent thought processes.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
    1. Re:Not quite Encryption, not quite Good either by JoelKatz · · Score: 1

      Perhaps you are talking about some other scheme, but this scheme does not remove redundancy. In fact, it increases it. Each block of data added to the system will, at minimum, require at least one more block to be stored of the same size as the block of data.

  188. Re:Encryption kicks kittens by Rary · · Score: 1

    I like to kick puppies and throw water balloons at cats. Not really, but voicing an opinion in this particular thread is likely to get me the same sort of reputation. Heck with it, I'll do it any way.

    I appreciate your opinion, and I promise not to fuel your reputation for animal cruelty. Unless you happen to kick my dog or throw water balloons at my cats, in which case prepare for a serious ass-kicking.

    Unfortunately, you seem to contradict yourself (unless I'm missing something, which is possible at 11:30 at night).

    First you say:

    Releasing a binary without providing source to the central authority would be a crime...

    But then you say:

    Meanwhile, source code may be released or not as deemed desirable by the original author...

    So, the source code may be released or not as deemed desirable by the original author, but really he better do it because it's a crime not to. On the one hand you make it sound like the author has a choice, but it's really a choice of whether or not to break the law.

    I just really have a problem with this whole idea of legally forcing software developers to release source code. First of all, closed source binaries are just not so dangerous that we need laws against them.

    Secondly, let's look at this from the user's perspective. Whatever happened to users of software taking a little responsibility for their own decisions? I mean, if I trust a particular software developer or software company enough to use their software without seeing the source code, that's my choice, and I don't want the government stepping in and arresting or fining them just because they didn't give me the source code. There are open source alternatives out there, but I made my own choice to use closed source instead.

    I see it like this. I like to write software. I write it professionally, but at home I also write software for myself. Once in a while, I might write something that I think others might find useful, and therefore I might decide to distribute it for free (as in beer). Sometimes I might include the source code. Other times I might not, for various reasons. Maybe I wrote it really quickly and I'm ashamed of the sloppy code. Whatever. The point is, if you want to use my code, then go ahead and use it. If you don't trust it without seeing the source, fine, don't use it. Whatever. But there's no reason I should be facing criminal charges for the binaries I post that don't include source code. That's just plain ridiculous.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  189. Information == Human Life ? by Anonymous Coward · · Score: 0

    So you're creating a parallel between the act of terminating a human life and storing information?

  190. Its a double xor encryption by Anonymous Coward · · Score: 0

    It is a double xor encryption. Firstly with a random block, secondly with a block derived from another "work".

    According to geek logic because the end product can be used to reconstruct two works it cant be derivative of either.

    Sure glad they're not defending me.

  191. Re:Psst. Copyright doesn't work like that! by NickFortune · · Score: 1

    Wait, are you calling me a debian newbie, or a human-geek-slashdot newbie?

    Yes. No. Maybe. Umm... what was the question again?

    In any case, I wouldn't know about Debian. I did do a search on the Gentoo bugzilla, and there's not so much as a request for an ebuild there. There's probably an overlay for it somewhere though.

    --
    Don't let THEM immanentize the Eschaton!
  192. Don't give them any more ideas! by elucido · · Score: 1


    We know these are thought crimes, thats the reason why you have to encrypt your thoughts.

  193. bad idea by Anonymous Coward · · Score: 0

    This is the same idea as Freenet, which doesn't work at all. Good job, you've copied a bad idea.

  194. What a crap by aaaaaaargh! · · Score: 1
    I hate to sound like a smartass, but some of their claims are really bullshit. If you can store something on a medium (be it distributed or not) and retrieve it using a key that is much smaller than the data that you've stored, then the medium is obviously a storage medium.

    If someone stores copyrighted material on a storage medium and provides a means for others to retrieve it, e.g. by giving away a key or anything else needed for retrieval, then obviously he's distributing copyrighted material.

    Parts of copyrighted material are also being transferred when someone retrieves copyrighted material from this filesystem that was previously stored in it.

    The makers of this clumsy distributed filesystem also seem to be a bit confused about randomness. Encode some Y as X. Then the following holds: If you can retrieve Y from X plus some retrieval key K (if there is any), and K is not itself large enough to represent Y, then X is not random. It doesn't matter how random X looks, any good encryption algorithm produces random looking cyphertext.

  195. Re:Encryption kicks kittens by ancientt · · Score: 1

    I am only cruel to kittens belonging to people who fail to see the beauty of my logic. Don't make me make you kick my ass.

    I do indeed see where I failed to communicate my idea clearly. To expound on my previous statements: "Releasing a binary to the public, without first registering (but not publicly disclosing) source code to a central authority would be a crime." Also: "Meanwhile, source code may be released to the public or withheld and only registered with the oversight board, as deemed desirable by the original author."

    As to your users taking a little responsibility for their decisions, have you read a EULA on any significant commercial software? It's absolutely insane that you have to agree to not hold responsible the developers of a program which is advertised as being suitable for a purpose even if that software should not only fail but also actually cause serious problems.

    I write a bit of software here and there and am very happy to live in a society where I might be able to receive compensation for my work. I would never require that you open source your profit making software to the public, but the current system where people are expected to run software on their computer with no way to tell what it does, no way to verify that it even comes close, no reliable authority even that they could ask, well, the current system sucks.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  196. I think we may be getting things confused here... by GuyverDH · · Score: 1

    From what I've read, it sounds like 3 things are happening.

    1st thing - files are being broken up into chunks and randomly encrypted.
    2nd thing - these randomly encrypted chunks are being distributed out, to random locations within the brightnet.
    3rd thing - the mapping of the encrypted chunks, as well as decryption keys are being stored in a URL string.

    Now - any member of the brightnet can be held as offering up storage for various bits, and unless they have the keys, have no way of knowing what those bits are. No one person has enough bits stored locally to recreate the entire file. This means that no one person has the entire set of data, so they themselves could not be held accountable for copyright violation.

    The person with the keys, as long as they don't distribute them, also cannot be held accountable for copyright violation, they are just storing their own data, which due to fair use still treading water, is not considered illegal.

    Now - as soon as someone shares the keys, they can - and probably should, be held accountable for copyright violation, in the form of distribution.
    If someone were to steal the keys from said person, then no, they should not be held accountable, but due to the way the RIAA/MPAA they would probably try to claim that they did it anyway.

    So, this methodology does not, in and of itself, constitute a shield to copyright infringement, but it does give a novel approach to distributed data storage, and protection.

    --
    Who is general failure, and why is he reading my hard drive?
  197. Re:Encryption kicks kittens by Rary · · Score: 1

    Okay, that makes more sense. As long as it doesn't cost anything to submit source code to the central authority, then I'm not too concerned about the idea.

    However, it seems to me that it would be pretty simple to get past this kind of a system. I mean, how hard would it be to submit benign source code to the repository, but then release a binary that has a trojan in it. How would anyone know that the released binary was actually built from the source code in the repository? You would have to arrange it so that the source code gets submitted to the repository, then the keepers of that repository build the application and return the binary to the developer, who then releases it. But then you're introducing government bureaucracy into companies' release cycles. There's so much software being developed on any given day that the repository would quickly become bogged down.

    I agree that most EULAs are crap. But I still think the current system is much better. If you don't trust the provider of the software, or if you don't like EULAs, you have the option to choose open source alternatives. If you do trust the software provider, or you're okay with the EULA, you have the option to choose closed source. And, as a developer, I have the option to keep my source closed, charge a million dollars, and write a crafty EULA that forces you to give me your first born child, or to open my source, give everything away for free, and have no license agreement of any kind. Or somewhere in between.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  198. Re:Psst. Copyright doesn't work like that! by Big_Al_B · · Score: 1

    Your arguments are more effective if they stay on-topic. We are talking about economics, not science and not religion. We are talking about made up societal "contracts", thats all.

    Yeah, I think the point he's trying to make is that torte and criminal (ergo social) laws that contradict immutable properties of the subject are roughly equivalent to religious tenants that do the same. It's a tangent, but still a lucid observation.

    It wasn't a person operating a scam, it was a society that agreed the pros and cons of one economic model relating to specific transactions were more favorable to society as a whole than the other alternatives...

    That's a pure theoretical ideal that is undeniably diluted in reality. Federal laws governing copyright--as with most subjects--were drafted and enacted by a small, relatively organized and self-motivated minority with specific business and political interests in mind.

    The larger governed society is characteristically unorganized and apathetic. Additionally, this larger population is relatively easy to influence. Belive it or not, not all influential advocates represent issues honestly.

    I can easily imagine a person/groups/companies being very effective at copying and advertising their "new" works and thus starving the actual artists of funds. Do you agree that this would be a natural outcome of that system or do you see inherent protections that would prevent it?

    This assumes that one (earnings starvation) follows the the first (copying). A salaried scientist or engineer will work (create) for a steady paycheck. A commissioned artist will get a commission for art. More work, more art, more money. Industries will continually innovate with new products if counterfeits prevent existing products from generating new revenue.

  199. Re:Encryption kicks kittens by ancientt · · Score: 1

    A technical solution would work like this, you post your source and platform to the central code oversight system via https and it automatically compiles, then generates three output binaries, a single self decompressing archive, a compressed archive (gz, zip, rar, your choice from a drop down) and an uncompressed archive, tar for example. Along with those it provides md5 and sha checksums and a unique id for each. Any member of the public can use the unique id to look up the check sums and the current status of submitted source code. They can get the code in any manner you see fit to distribute it, run their own checks and compare those to the official central code repository. Of course there will be software to do this for you automatically, but you can always manually perform the same checks yourself.

    You can submit false source code, but the checksums will make it apparent that you're distributing binaries from unregistered code. You can create malicious code and hope to distribute it before people catch on, but it comes with a big fat warning much like a self signed ssl cert does now. The system doesn't keep people from doing bad or stupid things, it just makes it easier to make good decisions.

    TNSTAAFL, taxpayers pay for it, we always do. If you prefer, you can lobby for a submitters tax or a verification tax, but mirroring the data should be reasonable and mirrors should be able to provide either a reasonably priced service ($100/yr perhaps) or fund their mirror through advertising.

    There is much good in the existing system, and this wouldn't change the software market landscape significantly. What it would do is give developers a reference and end users information from a trustworthy source. For the end user like myself, who would like to use some software that is closed source in a business environment, it would enable me to use and pay for software that right now I just can't trust.

    --
    B) Eliminate all the stupid users. This is frowned upon by society.
  200. Re:Psst. Copyright doesn't work like that! by IgnoramusMaximus · · Score: 1

    Your arguments are more effective if they stay on-topic. We are talking about economics, not science and not religion. We are talking about made up societal "contracts", thats all.

    And I am pointing out that these societal contracts contradict science and logic. Therefore they amount to not only a religiously (i.e. with no scientific foundation) motivated set of rules for all people to follow so that some few people get richer but they also require that scientific knowledge is actively repressed for these rules to be enforced.

    It cannot get more "on topic" then that.

    It wasn't a person operating a scam,

    No, it was a group of people which set up conditions for a large number of other people to operate the scam. The fact that the original instigators were ignorantly "well meaning" changes nothing in the final outcome.

    it was a society that agreed the pros and cons of one economic model relating to specific transactions were more favorable to society as a whole than the other alternatives.

    The same "reasoning" can be applied to slavery and laws governing human sacrifices. In both cases the "society" selected the cons of some people being slaves or have their hearts ripped out on a sacrificial altar as "more favorable" to it then the "other alternatives". That precisely because "the society" is historically prone to "agreeing" on such (and many many many other) examples of utter illogic and stupidity that science and logic are the only viable measurements by which to judge these "agreements".

    A mere fact that an ignorant mob agrees to something while egged on by a hypocritical bunch of self-serving priests of Greed does not by itself make such an "agreement" right. Not even practically workable.

    Something you may not realize is that there really are no absolute rights, we created all of them.

    Spoken like a true Objectivst. Nothing exists to you outside of your Greed!

    Some of us believe on the other hand that all sentient beings come into existence with some unalienable and self evident set of rights which no one can take away. Some dudes even tried to found a nation on that principle ...

    This is a fundamental difference in world view between a self-centered, spineless, unprincipled sociopathic weasel like you to whom all rights are "negotiable" (as soon as he can get away with ignoring them) and someone who would rather die then be deprived of them.

    The only things preventing me from taking your computer are our laws/enforcement, and the possibility that you might be bigger than me. Whether it's physical property or any other manner of economic interaction, the only reason we have any rules is because we made them up.

    See above. If that is the only thing that stops you, you are not a human. Some sort of Neanderthal who somehow managed to acquire modern language but not any other traits of sentience, such as conscience. It is a little wonder that troglodytes such as you are at the forefront of creation and defense of these "Intellectual Property" "laws". Greed is the only thing that exists in your existence and Greed requires that you own as much of the Universe as your slime covered paws could possibly manage to grab, consequences for everyone and everything else be damned. I assume that the moment some natural disaster renders the police force in your area defunct you are going to go on a murderous rampage through your neighborhood to steal as much shit as you can possibly cart away, attacking of course only the places you know for sure old ladies and children are the only occupants as they are guaranteed not to be "bigger then you". After all, as per your own admission, these were, quote, "the only things preventing you" from it.

    It seems like a very real problem with this model would b

  201. Re:Encryption kicks kittens by Rary · · Score: 1

    Well, I still see some non-trivial technical hurdles -- you glossed quickly over the "you post your source and platform" part, which makes me wonder if the automated system is expected to have every conceivable version of every conceivable compiler/automated build utility/whatever (and what if my build tool is homegrown?) in every conceivable configuration, or if the developer is expected to provide those tools along with the source (if I'm a .NET developer, do I have to install Visual Studio on their computer?).

    Nevertheless, I will admit that it actually doesn't sound like an entirely terrible idea.

    --

    "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

  202. Re:Psst. Copyright doesn't work like that! by rootooftheworld · · Score: 1

    two words: arctic monkeys.
    you stupid git.

    --
    I know full well that tobacco is bad for you, so I smoke weed with crack
  203. Re:Psst. Copyright doesn't work like that! by rootooftheworld · · Score: 1

    the abuser would be unanamosly voted 'dont donate to him', he can still try to make profit, but will have a hard time of it. My $0.02
    BTW, mod parent up +121 or i kill you.

    --
    I know full well that tobacco is bad for you, so I smoke weed with crack
  204. actually it might work by Anonymous Coward · · Score: 0

    ...at least in countries that strictly adher to the presumption of innocence. There are only three points in the system that are vulnerable (given the necessary circumstances): The disk of the uploader, the disk of the downloader and the file used to convert the bits into the original file. There is no way to prove who uploaded/downloaded what, as long as neither the original nor the linkerfile are found on either computer/proven to have been up-/downloaded by either of them.
    Which means there is still a need for transmission via a darknet, but now you only need to transmit a file that has a small fraction of the original filesize that way. And even if they're transmitted unencrypted, you're only downloading something illegal for a very short time. Compare that to downloading something for days (like with torrents).